[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2016 Reported in Senate (RS)]
<DOC>
Calendar No. 227
117th CONGRESS
1st Session
S. 2016
To authorize elements of the Department of Transportation, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 10, 2021
Ms. Cantwell (for herself and Mr. Wicker) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
December 17, 2021
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To authorize elements of the Department of Transportation, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Surface
Transportation Investment Act of 2021''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
<DELETED>Subtitle A--Multimodal Freight Policy
<DELETED>Sec. 1101. Office of Multimodal Freight Infrastructure and
Policy.
<DELETED>Sec. 1102. Updates to National Freight Plan.
<DELETED>Sec. 1103. State collaboration with National Multimodal
Freight Network.
<DELETED>Sec. 1104. Improving State freight plans.
<DELETED>Sec. 1105. Implementation of National Multimodal Freight
Network.
<DELETED>Sec. 1106. Multi-State freight corridor planning.
<DELETED>Subtitle B--Multimodal Investment
<DELETED>Sec. 1201. National infrastructure project assistance.
<DELETED>Sec. 1202. Local and regional project assistance.
<DELETED>Sec. 1203. National culvert removal, replacement, and
restoration grant program.
<DELETED>Sec. 1204. Nationally significant multimodal freight projects.
<DELETED>Sec. 1205. National multimodal cooperative freight research
program.
<DELETED>Sec. 1206. Rural and Tribal infrastructure advancement.
<DELETED>Subtitle C--Railroad Rehabilitation and Improvement Financing
Reforms
<DELETED>Sec. 1301. RRIF codification and reforms.
<DELETED>Sec. 1302. Substantive criteria and standards.
<DELETED>Sec. 1303. Semiannual report on transit-oriented development
eligibility.
<DELETED>TITLE II--RAIL
<DELETED>Sec. 2001. Short title.
<DELETED>Subtitle A--Authorization of Appropriations
<DELETED>Sec. 2101. Grants to Amtrak.
<DELETED>Sec. 2102. Federal Railroad Administration.
<DELETED>Sec. 2103. Consolidated rail infrastructure and safety
improvements grants.
<DELETED>Sec. 2104. Railroad Crossing Elimination Program.
<DELETED>Sec. 2105. Restoration and enhancement grants.
<DELETED>Sec. 2106. Federal-State partnership for intercity passenger
rail grants.
<DELETED>Sec. 2107. Amtrak Office of Inspector General.
<DELETED>Subtitle B--Amtrak Reforms
<DELETED>Sec. 2201. Amtrak findings, mission, and goals.
<DELETED>Sec. 2202. Composition of Amtrak's Board of Directors.
<DELETED>Sec. 2203. Station agents.
<DELETED>Sec. 2204. Increasing oversight of changes to Amtrak long-
distance routes and other intercity
services.
<DELETED>Sec. 2205. Improved oversight of Amtrak accounting.
<DELETED>Sec. 2206. Improved oversight of Amtrak spending.
<DELETED>Sec. 2207. Increasing service line and asset line plan
transparency.
<DELETED>Sec. 2208. Passenger experience enhancement.
<DELETED>Sec. 2209. Amtrak smoking policy.
<DELETED>Sec. 2210. Protecting Amtrak routes through rural communities.
<DELETED>Sec. 2211. State-Supported Route Committee.
<DELETED>Sec. 2212. Enhancing cross border service.
<DELETED>Sec. 2213. Creating quality jobs.
<DELETED>Subtitle C--Intercity Passenger Rail Policy
<DELETED>Sec. 2301. Northeast Corridor planning.
<DELETED>Sec. 2302. Northeast Corridor Commission.
<DELETED>Sec. 2303. Consolidated rail infrastructure and safety
improvements.
<DELETED>Sec. 2304. Restoration and enhancement grants.
<DELETED>Sec. 2305. Railroad Crossing Elimination Program.
<DELETED>Sec. 2306. Interstate rail compacts.
<DELETED>Sec. 2307. Federal-State partnership for intercity passenger
rail grants.
<DELETED>Sec. 2308. Corridor Identification and Development Program.
<DELETED>Sec. 2309. Surface Transportation Board Passenger Rail
Program.
<DELETED>Sec. 2310. Railroad rights-of-way.
<DELETED>Subtitle D--Rail Safety
<DELETED>Sec. 2401. Railway-highway crossings program evaluation.
<DELETED>Sec. 2402. Grade crossing accident prediction model.
<DELETED>Sec. 2403. Periodic updates to highway-rail crossing reports
and plans.
<DELETED>Sec. 2404. Blocked crossing portal.
<DELETED>Sec. 2405. Data accessibility.
<DELETED>Sec. 2406. Emergency lighting.
<DELETED>Sec. 2407. Comprehensive rail safety review of Amtrak.
<DELETED>Sec. 2408. Completion of hours of service and fatigue studies.
<DELETED>Sec. 2409. Positive train control study.
<DELETED>Sec. 2410. Operating crew member training, qualification, and
certification.
<DELETED>Sec. 2411. Transparency and safety.
<DELETED>Sec. 2412. Research and development.
<DELETED>Sec. 2413. Rail Research and Development Center of Excellence.
<DELETED>Sec. 2414. Quarterly report on positive train control system
performance.
<DELETED>Sec. 2415. Speed limit action plans.
<DELETED>Sec. 2416. New passenger service pre-revenue safety validation
plan.
<DELETED>Sec. 2417. Federal Railroad Administration accident and
incident investigations.
<DELETED>Sec. 2418. Civil penalty enforcement authority.
<DELETED>Sec. 2419. Advancing safety and innovative technology.
<DELETED>Sec. 2420. Passenger rail vehicle occupant protection systems.
<DELETED>Sec. 2421. Federal Railroad Administration safety reporting.
<DELETED>Sec. 2422. National Academies study on trains longer than
7,500 feet.
<DELETED>Sec. 2423. High-speed train noise emissions.
<DELETED>Sec. 2424. Critical incident stress plans.
<DELETED>TITLE III--MOTOR CARRIER SAFETY
<DELETED>Sec. 3001. Authorization of appropriations.
<DELETED>Sec. 3002. Motor carrier safety advisory committee.
<DELETED>Sec. 3003. Combating human trafficking.
<DELETED>Sec. 3004. Immobilization grant program.
<DELETED>Sec. 3005. Commercial motor vehicle enforcement training and
support.
<DELETED>Sec. 3006. Study of commercial motor vehicle crash causation.
<DELETED>Sec. 3007. Promoting women in the trucking workforce.
<DELETED>Sec. 3008. State inspection of passenger-carrying commercial
motor vehicles.
<DELETED>Sec. 3009. Truck Leasing Task Force.
<DELETED>Sec. 3010. Automatic emergency braking.
<DELETED>Sec. 3011. Underride protection.
<DELETED>Sec. 3012. Providers of recreational activities.
<DELETED>Sec. 3013. Amendments to regulations relating to
transportation of household goods in
interstate commerce.
<DELETED>Sec. 3014. Improving Federal-State motor carrier safety
enforcement coordination.
<DELETED>Sec. 3015. Limousine research.
<DELETED>Sec. 3016. National Consumer Complaint Database.
<DELETED>Sec. 3017. Electronic logging device oversight.
<DELETED>TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
<DELETED>Subtitle A--Highway Traffic Safety
<DELETED>Sec. 4101. Authorization of appropriations.
<DELETED>Sec. 4102. Highway safety programs.
<DELETED>Sec. 4103. Highway safety research and development.
<DELETED>Sec. 4104. High-visibility enforcement programs.
<DELETED>Sec. 4105. National priority safety programs.
<DELETED>Sec. 4106. Multiple substance-impaired driving prevention.
<DELETED>Sec. 4107. Minimum penalties for repeat offenders for driving
while intoxicated or driving under the
influence.
<DELETED>Sec. 4108. Crash data.
<DELETED>Sec. 4109. Review of Move Over or Slow Down Law public
awareness.
<DELETED>Sec. 4110. Review of laws, safety measures, and technologies
relating to school buses.
<DELETED>Sec. 4111. Motorcyclist Advisory Council.
<DELETED>Sec. 4112. Safe Streets and Roads for All grant program.
<DELETED>Sec. 4113. Implementation of GAO recommendations.
<DELETED>Subtitle B--Vehicle Safety
<DELETED>Sec. 4201. Authorization of appropriations.
<DELETED>Sec. 4202. Recall completion.
<DELETED>Sec. 4203. Recall engagement.
<DELETED>Sec. 4204. Motor vehicle seat back safety standards.
<DELETED>Sec. 4205. Automatic shutoff.
<DELETED>Sec. 4206. Petitions by interested persons for standards and
enforcement.
<DELETED>Sec. 4207. Child safety seat accessibility study.
<DELETED>Sec. 4208. Crash avoidance technology.
<DELETED>Sec. 4209. Reduction of driver distraction.
<DELETED>Sec. 4210. Rulemaking report.
<DELETED>Sec. 4211. Global harmonization.
<DELETED>Sec. 4212. Headlamps.
<DELETED>Sec. 4213. New Car Assessment Program.
<DELETED>Sec. 4214. Hood and bumper standards.
<DELETED>Sec. 4215. Emergency medical services and 9-1-1.
<DELETED>Sec. 4216. Early warning reporting.
<DELETED>Sec. 4217. Improved vehicle safety databases.
<DELETED>Sec. 4218. National Driver Register Advisory Committee repeal.
<DELETED>Sec. 4219. Research on connected vehicle technology.
<DELETED>Sec. 4220. Advanced impaired driving technology.
<DELETED>TITLE V--RESEARCH AND INNOVATION
<DELETED>Sec. 5001. Intelligent Transportation Systems Program Advisory
Committee.
<DELETED>Sec. 5002. Smart Community Resource Center.
<DELETED>Sec. 5003. Federal support for local decisionmaking.
<DELETED>Sec. 5004. Bureau of Transportation Statistics.
<DELETED>Sec. 5005. Strengthening mobility and revolutionizing
transportation grant program.
<DELETED>Sec. 5006. Electric vehicle working group.
<DELETED>Sec. 5007. Risk and system resilience.
<DELETED>Sec. 5008. Coordination on emerging transportation technology.
<DELETED>Sec. 5009. Interagency Infrastructure Permitting Improvement
Center.
<DELETED>Sec. 5010. Rural opportunities to use transportation for
economic success initiative.
<DELETED>Sec. 5011. Advanced transportation technologies deployment
program.
<DELETED>Sec. 5012. Safety data initiative.
<DELETED>Sec. 5013. Advanced transportation research.
<DELETED>Sec. 5014. Open research initiative.
<DELETED>Sec. 5015. Transportation research and development 5-year
strategic plan.
<DELETED>Sec. 5016. Research planning modifications.
<DELETED>Sec. 5017. Incorporation of Department of Transportation
research.
<DELETED>Sec. 5018. University transportation centers program.
<DELETED>Sec. 5019. National travel and tourism infrastructure
strategic plan.
<DELETED>Sec. 5020. Local hiring preference for construction jobs.
<DELETED>Sec. 5021. Transportation workforce development.
<DELETED>Sec. 5022. Intermodal Transportation Advisory Board repeal.
<DELETED>Sec. 5023. GAO cybersecurity recommendations.
<DELETED>Sec. 5024. Volpe oversight.
<DELETED>TITLE VI--HAZARDOUS MATERIALS
<DELETED>Sec. 6001. Authorization of appropriations.
<DELETED>Sec. 6002. Assistance for local emergency response training
grant program.
<DELETED>Sec. 6003. Real-time emergency response information.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Department.--The term ``Department'' means the
Department of Transportation.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.</DELETED>
<DELETED>TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION</DELETED>
<DELETED>Subtitle A--Multimodal Freight Policy</DELETED>
<DELETED>SEC. 1101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND
POLICY.</DELETED>
<DELETED> (a) In General.--Chapter 1 of title 49, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 118. Office of Multimodal Freight Infrastructure and
Policy</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Department.--The term `Department' means the
Department of Transportation.</DELETED>
<DELETED> ``(2) Freight office.--The term `Freight Office'
means the Office of Multimodal Freight Infrastructure and
Policy established under subsection (b).</DELETED>
<DELETED> ``(3) Secretary.--The term `Secretary' means the
Secretary of Transportation.</DELETED>
<DELETED> ``(b) Establishment.--The Secretary shall establish within
the Department an Office of Multimodal Freight Infrastructure and
Policy.</DELETED>
<DELETED> ``(c) Purposes.--The purposes of the Freight Office shall
be--</DELETED>
<DELETED> ``(1) to carry out the national multimodal freight
policy described in section 70101;</DELETED>
<DELETED> ``(2) to administer and oversee certain multimodal
freight grant programs within the Department in accordance with
subsection (d);</DELETED>
<DELETED> ``(3) to promote and facilitate the sharing of
information between the private and public sectors with respect
to freight issues;</DELETED>
<DELETED> ``(4) to conduct research on improving multimodal
freight mobility, and to oversee the freight research
activities of the various agencies within the
Department;</DELETED>
<DELETED> ``(5) to assist cities and States in developing
freight mobility and supply chain expertise;</DELETED>
<DELETED> ``(6) to liaise and coordinate with other Federal
departments and agencies; and</DELETED>
<DELETED> ``(7) to carry out other duties, as prescribed by
the Secretary.</DELETED>
<DELETED> ``(d) Administration of Policies and Programs.--The
Freight Office shall--</DELETED>
<DELETED> ``(1) develop and manage--</DELETED>
<DELETED> ``(A) the national freight strategic plan
described in section 70102; and</DELETED>
<DELETED> ``(B) the National Multimodal Freight
Network established under section 70103;</DELETED>
<DELETED> ``(2)(A) oversee the development and updating of
the State freight plans described in section 70202;
and</DELETED>
<DELETED> ``(B) provide guidance or best practices relating
to the development and updating of State freight plans under
that section;</DELETED>
<DELETED> ``(3)(A) administer multimodal freight grant
programs, including multimodal freight grants established under
section 117 of title 23; and</DELETED>
<DELETED> ``(B) establish procedures for analyzing and
evaluating applications for grants under those
programs;</DELETED>
<DELETED> ``(4) assist States in the establishment of--
</DELETED>
<DELETED> ``(A) State freight advisory committees
under section 70201; and</DELETED>
<DELETED> ``(B) multi-State freight mobility
compacts under section 70204; and</DELETED>
<DELETED> ``(5) provide to the Bureau of Transportation
Statistics input regarding freight data and planning
tools.</DELETED>
<DELETED> ``(e) Assistant Secretary.--</DELETED>
<DELETED> ``(1) In general.--The Freight Office shall be
headed by an Assistant Secretary for Multimodal Freight, who
shall--</DELETED>
<DELETED> ``(A) be appointed by the President, by
and with the advice and consent of the Senate;
and</DELETED>
<DELETED> ``(B) have professional standing and
demonstrated knowledge in the field of freight
transportation.</DELETED>
<DELETED> ``(2) Duties.--The Assistant Secretary shall--
</DELETED>
<DELETED> ``(A) report to the Under Secretary of
Transportation for Policy;</DELETED>
<DELETED> ``(B) be responsible for the management
and oversight of the activities, decisions, operations,
and personnel of the Freight Office;</DELETED>
<DELETED> ``(C) work with the modal administrations
of the Department to encourage multimodal
collaboration; and</DELETED>
<DELETED> ``(D) carry out such additional duties as
the Secretary may prescribe.</DELETED>
<DELETED> ``(f) Consolidation and Elimination of Duplicative
Offices.--</DELETED>
<DELETED> ``(1) Consolidation of offices and office
functions.--The Secretary may consolidate into the Freight
Office any office or office function within the Department that
the Secretary determines has duties, responsibilities,
resources, or expertise that support the purposes of the
Freight Office.</DELETED>
<DELETED> ``(2) Elimination of offices.--The Secretary may
eliminate any office within the Department if the Secretary
determines that--</DELETED>
<DELETED> ``(A) the purposes of the office are
duplicative of the purposes of the Freight
Office;</DELETED>
<DELETED> ``(B) the office or the functions of the
office have been substantially consolidated with the
Freight Office pursuant to paragraph (1);</DELETED>
<DELETED> ``(C) the elimination of the office will
not adversely affect the requirements of the Secretary
under any Federal law; and</DELETED>
<DELETED> ``(D) the elimination of the office will
improve the efficiency and effectiveness of the
programs and functions conducted by the
office.</DELETED>
<DELETED> ``(g) Staffing and Budgetary Resources.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall ensure that
the Freight Office is adequately staffed and funded.</DELETED>
<DELETED> ``(2) Staffing.--</DELETED>
<DELETED> ``(A) Transfer of positions to freight
office.--Subject to subparagraph (B), the Secretary may
transfer to the Freight Office any position within any
other office of the Department if the Secretary
determines that the position is necessary to carry out
the purposes of the Freight Office.</DELETED>
<DELETED> ``(B) Requirement.--If the Secretary
transfers a position to the Freight Office pursuant to
subparagraph (A), the Secretary, in coordination with
the appropriate modal administration of the Department,
shall ensure that the transfer of the position does not
adversely affect the requirements of the modal
administration under any Federal law.</DELETED>
<DELETED> ``(3) Budgetary resources.--</DELETED>
<DELETED> ``(A) Transfer of funds from consolidated
or eliminated offices.--</DELETED>
<DELETED> ``(i) In general.--To carry out
the purposes of the Freight Office, the
Secretary may transfer to the Freight Office
from any office or office function that is
consolidated or eliminated under subsection (f)
any funds allocated for the consolidated or
eliminated office or office function.</DELETED>
<DELETED> ``(ii) Retransfer.--Any portion of
any funds or limitations of obligations
transferred to the Freight Office pursuant to
clause (i) may be transferred back to, and
merged with, the original account.</DELETED>
<DELETED> ``(B) Transfer of funds allocated for
administrative costs.--</DELETED>
<DELETED> ``(i) In general.--The Secretary
may transfer to the Freight Office any funds
allocated for the administrative costs of the
programs referred to in subsection
(d)(3).</DELETED>
<DELETED> ``(ii) Retransfer.--Any portion of
any funds or limitations of obligations
transferred to the Freight Office pursuant to
clause (i) may be transferred back to, and
merged with, the original account.</DELETED>
<DELETED> ``(h) Website.--</DELETED>
<DELETED> ``(1) Description of freight office.--The
Secretary shall make publicly available on the website of the
Department a description of the Freight Office, including a
description of--</DELETED>
<DELETED> ``(A) the programs managed or made
available by the Freight Office; and</DELETED>
<DELETED> ``(B) the eligibility requirements for
those programs.</DELETED>
<DELETED> ``(2) Clearinghouse.--The Secretary may establish
a clearinghouse for tools, templates, guidance, and best
practices on a page of the website of the Department that
supports the purposes of this section.</DELETED>
<DELETED> ``(i) Notification to Congress.--Not later than 1 year
after the date of enactment of this section, and not less frequently
than once every 180 days thereafter until the date on which the
Secretary determines that the requirements of this section have been
met, the Secretary 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 notification
that--</DELETED>
<DELETED> ``(1) describes--</DELETED>
<DELETED> ``(A) the programs and activities
administered or overseen by the Freight Office;
and</DELETED>
<DELETED> ``(B) the status of those programs and
activities;</DELETED>
<DELETED> ``(2) identifies--</DELETED>
<DELETED> ``(A) the number of employees working in
the Freight Office as of the date of the notification;
and</DELETED>
<DELETED> ``(B) the total number of employees
expected to join the Freight Office to support the
programs and activities described in paragraph
(1);</DELETED>
<DELETED> ``(3)(A) indicates whether the Secretary has
consolidated into the Freight Office any office or office
function pursuant to subsection (f)(1); and</DELETED>
<DELETED> ``(B) if the Secretary has so consolidated such an
office or function, describes the rationale for the
consolidation;</DELETED>
<DELETED> ``(4)(A) indicates whether the Secretary has
eliminated any office pursuant to subsection (f)(2);
and</DELETED>
<DELETED> ``(B) if the Secretary has so eliminated such an
office, describes the rationale for the elimination;</DELETED>
<DELETED> ``(5) describes any other actions carried out by
the Secretary to implement this section; and</DELETED>
<DELETED> ``(6) describes any recommendations of the
Secretary for legislation that may be needed to further
implement this section.</DELETED>
<DELETED> ``(j) Savings Provisions.--</DELETED>
<DELETED> ``(1) Effect on other law.--Except as otherwise
provided in this section, nothing in this section alters or
affects any law (including regulations) with respect to a
program referred to in subsection (d).</DELETED>
<DELETED> ``(2) Effect on responsibilities of other
agencies.--Except as otherwise provided in this section,
nothing in this section abrogates the responsibilities of any
agency, operating administration, or office within the
Department that is otherwise charged by law (including
regulations) with any aspect of program administration,
oversight, or project approval or implementation with respect
to a program or project subject to the responsibilities of the
Freight Office under this section.</DELETED>
<DELETED> ``(3) Effect on pending applications.--Nothing in
this section affects any pending application under a program
referred to in subsection (d) that was received by the
Secretary on or before the date of enactment of this
section.</DELETED>
<DELETED> ``(k) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary such sums as are
necessary to carry out this section.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 1 of
title 49, United States Code, is amended by inserting after the item
relating to section 117 the following:</DELETED>
<DELETED>``118. Office of Multimodal Freight Infrastructure and
Policy.''.
<DELETED> (c) Conforming Amendments.--</DELETED>
<DELETED> (1) Section 70101(c) of title 49, United States
Code, is amended, in the matter preceding paragraph (1), by
striking ``Under Secretary of Transportation for Policy'' and
inserting ``Assistant Secretary for Multimodal
Freight''.</DELETED>
<DELETED> (2) Section 70102 of title 49, United States Code,
is amended--</DELETED>
<DELETED> (A) in subsection (a), in the matter
preceding paragraph (1), by striking ``Not later'' and
all that follows through ``the Under Secretary of
Transportation for Policy'' and inserting ``The
Assistant Secretary for Multimodal Freight (referred to
in this section as the `Assistant
Secretary')'';</DELETED>
<DELETED> (B) in subsection (b)(4), in the matter
preceding subparagraph (A), by striking ``Under
Secretary'' and inserting ``Assistant
Secretary'';</DELETED>
<DELETED> (C) in subsection (c), by striking ``Under
Secretary'' and inserting ``Assistant Secretary'';
and</DELETED>
<DELETED> (D) in subsection (d), in the matter
preceding paragraph (1), by striking ``Under
Secretary'' and inserting ``Assistant
Secretary''.</DELETED>
<DELETED> (3) Section 70103 of title 49, United States Code,
is amended--</DELETED>
<DELETED> (A) in subsection (a), in the matter
preceding paragraph (1), by striking ``Under Secretary
of Transportation for Policy'' and inserting
``Assistant Secretary for Multimodal Freight (referred
to in this section as the `Assistant
Secretary')'';</DELETED>
<DELETED> (B) by striking subsection (b);</DELETED>
<DELETED> (C) by redesignating subsections (c) and
(d) as subsections (b) and (c), respectively;</DELETED>
<DELETED> (D) in subsection (b) (as so
redesignated)--</DELETED>
<DELETED> (i) in the subsection heading, by
striking ``Final Network'' and inserting
``Designation of National Multimodal Freight
Network'';</DELETED>
<DELETED> (ii) in paragraph (1), in the
matter preceding subparagraph (A), by striking
``Not later'' and all that follows through
``Under Secretary'' and inserting ``Assistant
Secretary'';</DELETED>
<DELETED> (iii) in paragraph (2), in the
matter preceding subparagraph (A), by striking
``Under Secretary'' and inserting ``Assistant
Secretary''; and</DELETED>
<DELETED> (iv) in paragraph (3), in the
matter preceding subparagraph (A), by striking
``Under Secretary'' and inserting ``Assistant
Secretary''; and</DELETED>
<DELETED> (E) in subsection (c) (as so
redesignated)--</DELETED>
<DELETED> (i) by striking ``subsection (c)''
each place it appears and inserting
``subsection (b)''; and</DELETED>
<DELETED> (ii) by striking ``Under
Secretary'' and inserting ``Assistant
Secretary''.</DELETED>
<DELETED>SEC. 1102. UPDATES TO NATIONAL FREIGHT PLAN.</DELETED>
<DELETED> Section 70102(b) of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (10), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (11), by striking the period at
the end and inserting a semicolon; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(12) best practices for reducing environmental
impacts of freight movement (including stormwater runoff) and
improving resiliency of the national multimodal freight
system;</DELETED>
<DELETED> ``(13) consideration of any potential unique
impacts of the national freight system on rural and other
underserved and historically disadvantaged
communities;</DELETED>
<DELETED> ``(14) strategies for decarbonizing freight
movement, as appropriate; and</DELETED>
<DELETED> ``(15) consideration of the impacts of e-commerce
on the national multimodal freight system.''.</DELETED>
<DELETED>SEC. 1103. STATE COLLABORATION WITH NATIONAL MULTIMODAL
FREIGHT NETWORK.</DELETED>
<DELETED> Subsection (b) of section 70103 of title 49, United States
Code (as redesignated by section 1101(c)(3)(C)), is amended--</DELETED>
<DELETED> (1) in paragraph (3), by striking subparagraph (C)
and inserting the following:</DELETED>
<DELETED> ``(C) provide to the States an opportunity
to submit proposed designations from the States in
accordance with paragraph (4).''; and</DELETED>
<DELETED> (2) in paragraph (4)--</DELETED>
<DELETED> (A) in subparagraph (C)(i), by striking
``20 percent'' and inserting ``30 percent'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(E) Condition for acceptance.--The
Secretary shall accept from a State a designation under
subparagraph (D) only if the Secretary determines that
the designation meets the applicable requirements of
subparagraph (A).''.</DELETED>
<DELETED>SEC. 1104. IMPROVING STATE FREIGHT PLANS.</DELETED>
<DELETED> (a) In General.--Section 70202 of title 49, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (9), by striking ``and''
at the end;</DELETED>
<DELETED> (B) by redesignating paragraph (10) as
paragraph (16); and</DELETED>
<DELETED> (C) by inserting after paragraph (9) the
following:</DELETED>
<DELETED> ``(10) the most recent commercial motor vehicle
parking facilities assessment conducted by the State under
subsection (f);</DELETED>
<DELETED> ``(11) the most recent supply chain cargo flows in
the State, expressed by mode of transportation;</DELETED>
<DELETED> ``(12) an inventory of commercial ports in the
State;</DELETED>
<DELETED> ``(13) if applicable, consideration of the
findings or recommendations made by any multi-State freight
compact to which the State is a party under section
70204;</DELETED>
<DELETED> ``(14) the impacts of e-commerce on freight
infrastructure in the State;</DELETED>
<DELETED> ``(15) considerations of military freight; and'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(f) Commercial Motor Vehicle Parking Facilities
Assessments.--As part of the development or updating, as applicable, of
a State freight plan under this section, each State that receives
funding under section 167 of title 23, in consultation with relevant
State motor carrier safety personnel, shall conduct an assessment of--
</DELETED>
<DELETED> ``(1) the capability of the State, together with
the private sector in the State, to provide adequate parking
facilities and rest facilities for commercial motor vehicles
engaged in interstate transportation;</DELETED>
<DELETED> ``(2) the volume of commercial motor vehicle
traffic in the State; and</DELETED>
<DELETED> ``(3) whether there exist any areas within the
State with a shortage of adequate commercial motor vehicle
parking facilities, including an analysis (economic or
otherwise, as the State determines to be appropriate) of the
underlying causes of such a shortage.''.</DELETED>
<DELETED> (b) Alignment of Transportation Planning.--Section 70202
of title 49, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (d), by striking ``5-year'' and
inserting ``8-year''; and</DELETED>
<DELETED> (2) in subsection (e)(1), by striking ``5 years''
and inserting ``4 years''.</DELETED>
<DELETED>SEC. 1105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT
NETWORK.</DELETED>
<DELETED> Not later than 30 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that--
</DELETED>
<DELETED> (1) describes the status of the designation of the
final National Multimodal Freight Network required under
section 70103 of title 49, United States Code;</DELETED>
<DELETED> (2) explains the reasons why the designation of
the network referred to in paragraph (1) has not been
finalized, if applicable; and</DELETED>
<DELETED> (3) estimates the date by which that network will
be designated.</DELETED>
<DELETED>SEC. 1106. MULTI-STATE FREIGHT CORRIDOR PLANNING.</DELETED>
<DELETED> (a) In General.--Chapter 702 of title 49, United States
Code, is amended--</DELETED>
<DELETED> (1) by redesignating section 70204 as section
70206; and</DELETED>
<DELETED> (2) by inserting after section 70203 the
following:</DELETED>
<DELETED>``Sec. 70204. Multi-State freight corridor planning</DELETED>
<DELETED> ``(a) Consent to Multi-State Freight Mobility Compacts.--
Congress grants consent to States, cities, regional planning
organizations, federally recognized Indian Tribes, and local public
authorities (including public port authorities) that are regionally
linked with an interest in a specific nationally or regionally
significant multi-State freight corridor to enter into multi-State
compacts to promote the improved mobility of goods, including--
</DELETED>
<DELETED> ``(1) identifying projects along the corridor that
benefit multiple States;</DELETED>
<DELETED> ``(2) assembling rights-of-way; and</DELETED>
<DELETED> ``(3) performing capital improvements.</DELETED>
<DELETED> ``(b) Financing.--A multi-State freight compact
established by entities under subsection (a) may provide that, in order
to carry out the compact, the relevant States or other entities may--
</DELETED>
<DELETED> ``(1) accept contributions from a unit of State or
local government;</DELETED>
<DELETED> ``(2) use any Federal or State funds made
available for freight mobility infrastructure planning or
construction, including applying for grants;</DELETED>
<DELETED> ``(3) subject to such terms and conditions as the
States consider to be advisable--</DELETED>
<DELETED> ``(A) borrow money on a short-term basis;
and</DELETED>
<DELETED> ``(B) issue--</DELETED>
<DELETED> ``(i) notes for borrowing under
subparagraph (A); and</DELETED>
<DELETED> ``(ii) bonds; and</DELETED>
<DELETED> ``(4) obtain financing by other means permitted
under applicable Federal or State law.</DELETED>
<DELETED> ``(c) Advisory Committees.--</DELETED>
<DELETED> ``(1) In general.--A multi-State freight compact
under this section may establish a multi-State freight corridor
advisory committee, which shall include representatives of
State departments of transportation and other public and
private sector entities with an interest in freight mobility,
such as--</DELETED>
<DELETED> ``(A) ports;</DELETED>
<DELETED> ``(B) freight railroads;</DELETED>
<DELETED> ``(C) shippers;</DELETED>
<DELETED> ``(D) carriers;</DELETED>
<DELETED> ``(E) freight-related
associations;</DELETED>
<DELETED> ``(F) third-party logistics
providers;</DELETED>
<DELETED> ``(G) the freight industry
workforce;</DELETED>
<DELETED> ``(H) environmental
organizations;</DELETED>
<DELETED> ``(I) community organizations;
and</DELETED>
<DELETED> ``(J) units of local government.</DELETED>
<DELETED> ``(2) Activities.--An advisory committee
established under paragraph (1) may--</DELETED>
<DELETED> ``(A) advise the parties to the applicable
multi-State freight compact with respect to freight-
related priorities, issues, projects, and funding needs
that impact multi-State--</DELETED>
<DELETED> ``(i) freight mobility;
and</DELETED>
<DELETED> ``(ii) supply chains;</DELETED>
<DELETED> ``(B) serve as a forum for States, Indian
Tribes, and other public entities to discuss decisions
affecting freight mobility;</DELETED>
<DELETED> ``(C) communicate and coordinate multi-
State freight priorities with other
organizations;</DELETED>
<DELETED> ``(D) promote the sharing of information
between the private and public sectors with respect to
freight issues; and</DELETED>
<DELETED> ``(E) provide information for
consideration in the development of State freight plans
under section 70202.</DELETED>
<DELETED> ``(d) Grants.--</DELETED>
<DELETED> ``(1) Establishment.--The Secretary of
Transportation (referred to in this section as the `Secretary')
shall establish a program under which the Secretary shall
provide grants to multi-State freight compacts that seek to
improve a route or corridor that is a part of the National
Multimodal Freight Network established under section
70103.</DELETED>
<DELETED> ``(2) New compacts.--</DELETED>
<DELETED> ``(A) In general.--To incentivize the
establishment of multi-State freight compacts, the
Secretary may award a grant to multi-State freight
compacts established under subsection (a) during the 2-
year period beginning on the date of establishment for
operations costs in an amount of not more than
$2,000,000.</DELETED>
<DELETED> ``(B) Eligibility.--A multi-State freight
compact shall be eligible for a grant under this
paragraph only during the initial 3 years of operation
of the compact.</DELETED>
<DELETED> ``(C) Requirements.--To be eligible to
receive a grant under this paragraph, a multi-State
freight compact shall--</DELETED>
<DELETED> ``(i) submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
may require;</DELETED>
<DELETED> ``(ii) provide a non-Federal match
equal to not less than 25 percent of the
operating costs of the multi-State freight
compact; and</DELETED>
<DELETED> ``(iii) commit to establishing a
multi-State freight corridor advisory committee
under subsection (c)(1) during the initial 2-
year period of operation of the
compact.</DELETED>
<DELETED> ``(3) Existing compacts.--</DELETED>
<DELETED> ``(A) In general.--The Secretary may award
a grant to multi-State freight compacts that are not
eligible to receive a grant under paragraph (2) for
operations costs in an amount of not more than
$1,000,000.</DELETED>
<DELETED> ``(B) Requirements.--To be eligible to
receive a grant under this paragraph, a multi-State
freight compact shall--</DELETED>
<DELETED> ``(i) submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
may require;</DELETED>
<DELETED> ``(ii) provide a non-Federal match
of not less than 50 percent of the operating
costs of the compact; and</DELETED>
<DELETED> ``(iii) demonstrate that the
compact has established a multi-State freight
corridor advisory committee under subsection
(c)(1).</DELETED>
<DELETED> ``(4) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary $5,000,000 for
each fiscal year to carry out this subsection.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 702 of
title 49, United States Code, is amended by striking the item relating
to section 70204 and inserting the following:</DELETED>
<DELETED>``70204. Multi-State freight corridor planning.
<DELETED>``70206. Savings provision.''.
<DELETED>Subtitle B--Multimodal Investment</DELETED>
<DELETED>SEC. 1201. NATIONAL INFRASTRUCTURE PROJECT
ASSISTANCE.</DELETED>
<DELETED> Subtitle III of title 49, United States Code, is amended
by adding at the end the following:</DELETED>
<DELETED>``CHAPTER 67--NATIONAL INFRASTRUCTURE INVESTMENTS</DELETED>
<DELETED>``6701. National infrastructure project assistance.
<DELETED>``6702. Local and regional project assistance.
<DELETED>``Sec. 6701. National infrastructure project
assistance</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Department.--The term `Department' means the
Department of Transportation.</DELETED>
<DELETED> ``(2) Eligible entity.--The term `eligible entity'
means--</DELETED>
<DELETED> ``(A) a State or a group of
States;</DELETED>
<DELETED> ``(B) a metropolitan planning
organization;</DELETED>
<DELETED> ``(C) a unit of local
government;</DELETED>
<DELETED> ``(D) a political subdivision of a
State;</DELETED>
<DELETED> ``(E) a special purpose district or public
authority with a transportation function, including a
port authority;</DELETED>
<DELETED> ``(F) a Tribal government or a consortium
of Tribal governments;</DELETED>
<DELETED> ``(G) a partnership between Amtrak and 1
or more entities described in subparagraphs (A) through
(F); and</DELETED>
<DELETED> ``(H) a group of entities described in any
of subparagraphs (A) through (G).</DELETED>
<DELETED> ``(3) Program.--The term `program' means the
program established by subsection (b).</DELETED>
<DELETED> ``(4) Secretary.--The term `Secretary' means the
Secretary of Transportation.</DELETED>
<DELETED> ``(5) State.--The term `State' means--</DELETED>
<DELETED> ``(A) any of the several States;</DELETED>
<DELETED> ``(B) the District of Columbia;</DELETED>
<DELETED> ``(C) the Commonwealth of Puerto
Rico;</DELETED>
<DELETED> ``(D) the Commonwealth of the Northern
Mariana Islands;</DELETED>
<DELETED> ``(E) the United States Virgin
Islands;</DELETED>
<DELETED> ``(F) Guam;</DELETED>
<DELETED> ``(G) American Samoa; and</DELETED>
<DELETED> ``(H) any other territory or possession of
the United States.</DELETED>
<DELETED> ``(b) Establishment.--There is established a program under
which the Secretary shall provide to eligible entities grants, on a
competitive basis pursuant to single-year or multiyear grant
agreements, for projects described in subsection (d).</DELETED>
<DELETED> ``(c) Applications.--</DELETED>
<DELETED> ``(1) In general.--To be eligible for 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 determines to be
appropriate.</DELETED>
<DELETED> ``(2) Plan for data collection.--An application
under paragraph (1) shall include a plan for data collection
and analysis described in subsection (g).</DELETED>
<DELETED> ``(d) Eligible Projects.--The Secretary may provide a
grant under the program only for a project--</DELETED>
<DELETED> ``(1) that is--</DELETED>
<DELETED> ``(A) a highway or bridge project carried
out on--</DELETED>
<DELETED> ``(i) the National Multimodal
Freight Network established under section
70103;</DELETED>
<DELETED> ``(ii) the National Highway
Freight Network established under section 167
of title 23; or</DELETED>
<DELETED> ``(iii) the National Highway
System (as defined in section 101(a) of title
23);</DELETED>
<DELETED> ``(B) a freight intermodal (including
public ports) or freight rail project that provides a
public benefit;</DELETED>
<DELETED> ``(C) a railway-highway grade separation
or elimination project;</DELETED>
<DELETED> ``(D) an intercity passenger rail
project;</DELETED>
<DELETED> ``(E) a public transportation project that
is--</DELETED>
<DELETED> ``(i) eligible for assistance
under chapter 53; and</DELETED>
<DELETED> ``(ii) part of a project described
in any of subparagraphs (A) through (D);
or</DELETED>
<DELETED> ``(F) a grouping, combination, or program
of interrelated, connected, or dependent projects of
any of the projects described in subparagraphs (A)
through (E); and</DELETED>
<DELETED> ``(2) the eligible project costs of which are--
</DELETED>
<DELETED> ``(A) reasonably anticipated to equal or
exceed $500,000,000; or</DELETED>
<DELETED> ``(B) for any project funded by the set-
aside under subsection (m)(2)--</DELETED>
<DELETED> ``(i) more than $100,000,000;
but</DELETED>
<DELETED> ``(ii) less than
$500,000,000.</DELETED>
<DELETED> ``(e) Geographical Distribution.--In providing grants
under this section, the Secretary shall ensure among grant recipients--
</DELETED>
<DELETED> ``(1) geographical diversity; and</DELETED>
<DELETED> ``(2) a balance between rural and urban
communities.</DELETED>
<DELETED> ``(f) Project Evaluation and Selection.--</DELETED>
<DELETED> ``(1) Requirements.--The Secretary may select a
project described in subsection (d) to receive a grant under
the program only if the Secretary determines that--</DELETED>
<DELETED> ``(A) the project is likely to generate
national or regional economic, mobility, or safety
benefits;</DELETED>
<DELETED> ``(B) the project is in need of
significant Federal funding;</DELETED>
<DELETED> ``(C) the project will be cost-
effective;</DELETED>
<DELETED> ``(D) with respect to related non-Federal
financial commitments, 1 or more stable and dependable
sources of funding and financing are available--
</DELETED>
<DELETED> ``(i) to construct, operate, and
maintain the project; and</DELETED>
<DELETED> ``(ii) to cover cost increases;
and</DELETED>
<DELETED> ``(E) the applicant has, or will have,
sufficient legal, financial, and technical capacity to
carry out the project.</DELETED>
<DELETED> ``(2) Evaluation criteria.--In awarding a grant
under the program, the Secretary shall evaluate--</DELETED>
<DELETED> ``(A) the extent to which a project
supports achieving a state of good repair for each
existing asset to be improved by the project;</DELETED>
<DELETED> ``(B) the level of benefits a project is
expected to generate, including--</DELETED>
<DELETED> ``(i) the costs avoided by the
prevention of closure or reduced use of the
asset to be improved by the project;</DELETED>
<DELETED> ``(ii) reductions in maintenance
costs over the life of the applicable
asset;</DELETED>
<DELETED> ``(iii) safety benefits, including
the reduction of serious injuries and
fatalities and related costs;</DELETED>
<DELETED> ``(iv) improved person or freight
throughput, including improved mobility and
reliability; and</DELETED>
<DELETED> ``(v) environmental benefits and
health impacts, such as--</DELETED>
<DELETED> ``(I) reductions in
greenhouse gas emissions;</DELETED>
<DELETED> ``(II) air quality
benefits;</DELETED>
<DELETED> ``(III) preventing
stormwater runoff that would be a
detriment to aquatic species;
and</DELETED>
<DELETED> ``(IV) improved
infrastructure resilience;</DELETED>
<DELETED> ``(C) the benefits of the project, as
compared to the costs of the project;</DELETED>
<DELETED> ``(D) the number of persons or volume of
freight, as applicable, supported by the project;
and</DELETED>
<DELETED> ``(E) national and regional economic
benefits of the project, including with respect to
short- and long-term job access, growth, or
creation.</DELETED>
<DELETED> ``(3) Additional considerations.--In selecting
projects to receive grants under the program, the Secretary
shall take into consideration--</DELETED>
<DELETED> ``(A) contributions to geographical
diversity among grant recipients, including the need
for a balance between the needs of rural and urban
communities;</DELETED>
<DELETED> ``(B) whether multiple States would
benefit from a project;</DELETED>
<DELETED> ``(C) whether, and the degree to which, a
project uses--</DELETED>
<DELETED> ``(i) construction materials or
approaches that have--</DELETED>
<DELETED> ``(I) demonstrated
reductions in greenhouse gas emissions;
or</DELETED>
<DELETED> ``(II) reduced the need
for maintenance of other projects;
or</DELETED>
<DELETED> ``(ii) technologies that will
allow for future connectivity and
automation;</DELETED>
<DELETED> ``(D) whether a project would benefit--
</DELETED>
<DELETED> ``(i) a historically disadvantaged
community or population; or</DELETED>
<DELETED> ``(ii) an area of persistent
poverty;</DELETED>
<DELETED> ``(E) whether a project benefits users of
multiple modes of transportation, including--</DELETED>
<DELETED> ``(i) pedestrians;</DELETED>
<DELETED> ``(ii) bicyclists; and</DELETED>
<DELETED> ``(iii) users of nonvehicular,
railroad, and public transportation;
and</DELETED>
<DELETED> ``(F) whether a project improves
connectivity between modes of transportation moving
persons or goods nationally or regionally.</DELETED>
<DELETED> ``(4) Ratings.--</DELETED>
<DELETED> ``(A) In general.--In evaluating
applications for a grant under the program, the
Secretary shall assign the project proposed in the
application a rating described in subparagraph (B),
based on the information contained in the applicable
notice published under paragraph (5).</DELETED>
<DELETED> ``(B) Ratings.--</DELETED>
<DELETED> ``(i) Highly recommended.--The
Secretary shall assign a rating of `highly
recommended' to projects that, in the
determination of the Secretary--</DELETED>
<DELETED> ``(I) are exemplary
projects of national or regional
significance; and</DELETED>
<DELETED> ``(II) would provide
significant public benefit, as
determined based on the applicable
criteria described in this subsection,
if funded under the program.</DELETED>
<DELETED> ``(ii) Recommended.--The Secretary
shall assign a rating of `recommended' to
projects that, in the determination of the
Secretary--</DELETED>
<DELETED> ``(I) are of national or
regional significance; and</DELETED>
<DELETED> ``(II) would provide
public benefit, as determined based on
the applicable criteria described in
this subsection, if funded under the
program.</DELETED>
<DELETED> ``(iii) Not recommended.--The
Secretary shall assign a rating of `not
recommended' to projects that, in the
determination of the Secretary, should not
receive a grant under the program, based on the
applicable criteria described in this
subsection.</DELETED>
<DELETED> ``(C) Technical assistance.--</DELETED>
<DELETED> ``(i) In general.--On request of
an eligible entity that submitted an
application under subsection (c) for a project
that is not selected to receive a grant under
the program, the Secretary shall provide to the
eligible entity technical assistance and
briefings relating to the project.</DELETED>
<DELETED> ``(ii) Treatment.--Technical
assistance provided under this subparagraph
shall not be considered to provide a guarantee
of future selection of the applicable project
under the program.</DELETED>
<DELETED> ``(5) Publication of project evaluation and
selection criteria.--Not later than 90 days after the date of
enactment of this chapter, the Secretary shall publish and make
publicly available on the website of the Department a notice
that contains a detailed explanation of--</DELETED>
<DELETED> ``(A) the method by which the Secretary
will determine whether a project satisfies the
applicable requirements described in paragraph
(1);</DELETED>
<DELETED> ``(B) any additional ratings the Secretary
may assign to determine the means by which a project
addresses the selection criteria and additional
considerations described in paragraphs (2) and (3);
and</DELETED>
<DELETED> ``(C) the means by which the project
requirements and ratings referred to in subparagraphs
(A) and (B) will be used to assign an overall rating
for the project under paragraph (4).</DELETED>
<DELETED> ``(6) Project selection priority.--In awarding
grants under the program, the Secretary shall give priority to
projects to which the Secretary has assigned a rating of
`highly recommended' under paragraph (4)(B)(i).</DELETED>
<DELETED> ``(g) Data Collection and Analysis.--</DELETED>
<DELETED> ``(1) Plan.--</DELETED>
<DELETED> ``(A) In general.--An eligible entity
seeking a grant under the program shall submit to the
Secretary, together with the grant application, a plan
for the collection and analysis of data to identify in
accordance with the framework established under
paragraph (2)--</DELETED>
<DELETED> ``(i) the impacts of the project;
and</DELETED>
<DELETED> ``(ii) the accuracy of any
forecast prepared during the development phase
of the project and included in the grant
application.</DELETED>
<DELETED> ``(B) Contents.--A plan under subparagraph
(A) shall include--</DELETED>
<DELETED> ``(i) an approach to measuring--
</DELETED>
<DELETED> ``(I) the criteria
described in subsection (f)(2);
and</DELETED>
<DELETED> ``(II) if applicable, the
additional requirements described in
subsection (f)(3);</DELETED>
<DELETED> ``(ii) an approach for analyzing
the consistency of predicted project
characteristics with actual outcomes;
and</DELETED>
<DELETED> ``(iii) any other elements that
the Secretary determines to be
necessary.</DELETED>
<DELETED> ``(2) Framework.--The Secretary may publish a
standardized framework for the contents of the plans under
paragraph (1), which may include, as appropriate--</DELETED>
<DELETED> ``(A) standardized forecasting and
measurement approaches;</DELETED>
<DELETED> ``(B) data storage system requirements;
and</DELETED>
<DELETED> ``(C) any other requirements the Secretary
determines to be necessary to carry out this
section.</DELETED>
<DELETED> ``(3) Multiyear grant agreements.--The Secretary
shall require an eligible entity, as a condition of receiving
funding pursuant to a multiyear grant agreement under the
program, to collect additional data to measure the impacts of
the project and to accurately track improvements made by the
project, in accordance with a plan described in paragraph
(1).</DELETED>
<DELETED> ``(4) Reports.--</DELETED>
<DELETED> ``(A) Project baseline.--Before the date
of completion of a project for which a grant is
provided under the program, the eligible entity
carrying out the project shall submit to the Secretary
a report providing baseline data for the purpose of
analyzing the long-term impact of the project in
accordance with the framework established under
paragraph (2).</DELETED>
<DELETED> ``(B) Updated report.--Not later than 6
years after the date of completion of a project for
which a grant is provided under the program, the
eligible entity carrying out the project shall submit
to the Secretary a report that compares the baseline
data included in the report under subparagraph (A) to
project data collected during the period--</DELETED>
<DELETED> ``(i) beginning on the date that
is 5 years after the date of completion of the
project; and</DELETED>
<DELETED> ``(ii) ending on the date on which
the updated report is submitted.</DELETED>
<DELETED> ``(h) Eligible Project Costs.--</DELETED>
<DELETED> ``(1) In general.--An eligible entity may use a
grant provided under the program for--</DELETED>
<DELETED> ``(A) development-phase activities and
costs, including planning, feasibility analysis,
revenue forecasting, alternatives analysis, data
collection and analysis, environmental review and
activities to support environmental review, preliminary
engineering and design work, and other preconstruction
activities, including the preparation of a data
collection and post-construction analysis plan under
subsection (g); and</DELETED>
<DELETED> ``(B) construction, reconstruction,
rehabilitation, acquisition of real property (including
land relating to the project and improvements to that
land), environmental mitigation (including projects to
replace or rehabilitate culverts or reduce stormwater
runoff for the purpose of improving habitat for aquatic
species), construction contingencies, acquisition of
equipment, protection, and operational improvements
directly relating to the project.</DELETED>
<DELETED> ``(2) Interest and other financing costs.--The
interest and other financing costs of carrying out any part of
a project under a multiyear grant agreement within a reasonable
period of time shall be considered to be an eligible project
cost only if the applicable eligible entity certifies to the
Secretary that the eligible entity has demonstrated reasonable
diligence in seeking the most favorable financing
terms.</DELETED>
<DELETED> ``(i) Cost Sharing.--</DELETED>
<DELETED> ``(1) In general.--The total amount awarded for a
project under the program may not exceed 60 percent of the
total eligible project costs described in subsection
(h).</DELETED>
<DELETED> ``(2) Maximum federal involvement.--</DELETED>
<DELETED> ``(A) In general.--Subject to subparagraph
(B), Federal assistance other than a grant awarded
under the program may be provided for a project for
which a grant is awarded under the program.</DELETED>
<DELETED> ``(B) Limitation.--The total amount of
Federal assistance provided for a project for which a
grant is awarded under the program shall not exceed 80
percent of the total cost of the project.</DELETED>
<DELETED> ``(C) Local share.--Secured loans or
financing provided under section 603 of title 23 or
section 22402 of this title and repaid with local funds
or revenues shall be considered to be part of the local
share of the cost of a project.</DELETED>
<DELETED> ``(3) Application to multiyear agreements.--
Notwithstanding any other provision of this title, in any case
in which amounts are provided under the program pursuant to a
multiyear agreement, the disbursed Federal share of the cost of
the project may exceed the limitations described in paragraphs
(1) and (2)(B) for 1 or more years if the total amount of the
Federal share of the cost of the project, once completed, does
not exceed those limitations.</DELETED>
<DELETED> ``(j) Grant Agreements.--</DELETED>
<DELETED> ``(1) In general.--A project for which an eligible
entity receives a multiyear grant under the program shall be
carried out in accordance with this subsection.</DELETED>
<DELETED> ``(2) Terms.--A multiyear grant agreement under
this subsection shall--</DELETED>
<DELETED> ``(A) establish the terms of Federal
participation in the applicable project;</DELETED>
<DELETED> ``(B) establish the maximum amount of
Federal financial assistance for the project;</DELETED>
<DELETED> ``(C) establish a schedule of anticipated
Federal obligations for the project that provides for
obligation of the full grant amount;</DELETED>
<DELETED> ``(D) describe the period of time for
completing the project, regardless of whether that
period extends beyond the period of an authorization;
and</DELETED>
<DELETED> ``(E) facilitate timely and efficient
management of the applicable project by the eligible
entity carrying out the project, in accordance with
applicable law.</DELETED>
<DELETED> ``(3) Special rules.--</DELETED>
<DELETED> ``(A) In general.--A multiyear grant
agreement under this subsection--</DELETED>
<DELETED> ``(i) shall provide for the
obligation of an amount of available budget
authority specified in law;</DELETED>
<DELETED> ``(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;
and</DELETED>
<DELETED> ``(iii) shall provide that any
funds disbursed under the program for the
project before the completion of any review
required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) may
only cover costs associated with development-
phase activities described in subsection
(h)(1)(A).</DELETED>
<DELETED> ``(B) Contingent commitment.--A contingent
commitment under this paragraph is not an obligation of
the Federal Government, including for purposes of
section 1501 of title 31.</DELETED>
<DELETED> ``(4) Single-year grants.--The Secretary may only
provide to an eligible entity a full grant under the program in
a single year if all reviews required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to the applicable project have been completed before
the receipt of any program funds.</DELETED>
<DELETED> ``(k) Congressional Notification.--</DELETED>
<DELETED> ``(1) In general.--Not later than 30 days before
the date on which the Secretary publishes the selection of
projects to receive grants under the program, the Secretary
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 written notice that includes--</DELETED>
<DELETED> ``(A) a list of all project applications
reviewed by the Secretary as part of the selection
process;</DELETED>
<DELETED> ``(B) the rating assigned to each project
under subsection (f)(4);</DELETED>
<DELETED> ``(C) an evaluation and justification with
respect to each project for which the Secretary will--
</DELETED>
<DELETED> ``(i) provide a grant under the
program; and</DELETED>
<DELETED> ``(ii) enter into a multiyear
grant agreement under the program;</DELETED>
<DELETED> ``(D) a description of the means by which
the Secretary anticipates allocating among selected
projects the amounts made available to the Secretary to
carry out the program; and</DELETED>
<DELETED> ``(E) anticipated funding levels required
for the 3 fiscal years beginning after the date of
submission of the notice for projects selected for
grants under the program, based on information
available to the Secretary as of that date.</DELETED>
<DELETED> ``(2) Congressional disapproval.--The Secretary
may not provide a grant or any other obligation or commitment
to fund a project under the program if a joint resolution is
enacted disapproving funding for the project before the last
day of the 30-day period described in paragraph (1).</DELETED>
<DELETED> ``(l) Reports.--</DELETED>
<DELETED> ``(1) Transparency.--Not later than 60 days after
the date on which the grants are announced under the program,
the Secretary shall publish on the website of the Department a
report that includes--</DELETED>
<DELETED> ``(A) a list of all project applications
reviewed by the Secretary as part of the selection
process under the program;</DELETED>
<DELETED> ``(B) the rating assigned to each project
under subsection (f)(4); and</DELETED>
<DELETED> ``(C) a description of each project for
which a grant has been provided under the
program.</DELETED>
<DELETED> ``(2) Comptroller general.--</DELETED>
<DELETED> ``(A) Assessment.--The Comptroller General
of the United States shall conduct an assessment of the
administrative establishment, solicitation, selection,
and justification process with respect to the funding
of grants under the program.</DELETED>
<DELETED> ``(B) Report.--Not later than 18 months
after the date on which the initial grants are awarded
for projects under the program, the Comptroller General
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes, as
applicable--</DELETED>
<DELETED> ``(i) the adequacy and fairness of
the process by which the projects were
selected; and</DELETED>
<DELETED> ``(ii) the justification and
criteria used for the selection of the
projects.</DELETED>
<DELETED> ``(m) Authorization of Appropriations.--</DELETED>
<DELETED> ``(1) In general.--There is authorized to be
appropriated to the Secretary to carry out the program
$2,000,000,000 for each of fiscal years 2022 through
2026.</DELETED>
<DELETED> ``(2) Other projects.--Of the amounts made
available under paragraph (1), 50 percent shall be set aside
for projects that have a project cost of--</DELETED>
<DELETED> ``(A) more than $100,000,000;
but</DELETED>
<DELETED> ``(B) less than $500,000,000.</DELETED>
<DELETED> ``(3) Administrative expenses.--Of the amounts
made available to carry out the program for each fiscal year,
the Secretary may reserve not more than 2 percent for the costs
of--</DELETED>
<DELETED> ``(A) administering and overseeing the
program; and</DELETED>
<DELETED> ``(B) hiring personnel for the program,
including personnel dedicated to processing permitting
and environmental review issues.</DELETED>
<DELETED> ``(4) Transfer of authority.--The Secretary may
transfer any portion of the amounts reserved under paragraph
(3) for a fiscal year to the Administrator of any of the
Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration, or the
Maritime Administration to award and oversee grants in
accordance with this section.</DELETED>
<DELETED> ``(n) Additional Requirements.--Each project that receives
a grant under the program shall achieve compliance with the applicable
requirements of--</DELETED>
<DELETED> ``(1) title 23 relating to highway, road, and
bridge projects;</DELETED>
<DELETED> ``(2) subchapter IV of chapter 31 of title
40;</DELETED>
<DELETED> ``(3) title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.);</DELETED>
<DELETED> ``(4) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);</DELETED>
<DELETED> ``(5) chapter 53 relating to transit projects;
and</DELETED>
<DELETED> ``(6) section 22905, as applicable, relating to
rail projects.''.</DELETED>
<DELETED>SEC. 1202. LOCAL AND REGIONAL PROJECT ASSISTANCE.</DELETED>
<DELETED> (a) In General.--Chapter 67 of subtitle III of title 49,
United States Code (as added by section 1201), is amended by adding at
the end the following:</DELETED>
<DELETED>``Sec. 6702. Local and regional project assistance</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Area of persistent poverty.--The term `area
of persistent poverty' means--</DELETED>
<DELETED> ``(A) any county (or equivalent
jurisdiction) in which, during the 30-year period
ending on the date of enactment of this chapter, 20
percent or more of the population continually lived in
poverty, as measured by--</DELETED>
<DELETED> ``(i) the 1990 decennial
census;</DELETED>
<DELETED> ``(ii) the 2000 decennial census;
and</DELETED>
<DELETED> ``(iii) the most recent annual
small area income and poverty estimate of the
Bureau of the Census;</DELETED>
<DELETED> ``(B) any census tract with a poverty rate
of not less than 20 percent, as measured by the 5-year
data series available from the American Community
Survey of the Bureau of the Census for the period of
2014 through 2018; and</DELETED>
<DELETED> ``(C) any territory or possession of the
United States.</DELETED>
<DELETED> ``(2) Eligible entity.--The term `eligible entity'
means--</DELETED>
<DELETED> ``(A) a State;</DELETED>
<DELETED> ``(B) the District of Columbia;</DELETED>
<DELETED> ``(C) any territory or possession of the
United States;</DELETED>
<DELETED> ``(D) a unit of local
government;</DELETED>
<DELETED> ``(E) a public agency or publicly
chartered authority established by 1 or more
States;</DELETED>
<DELETED> ``(F) a special purpose district or public
authority with a transportation function, including a
port authority;</DELETED>
<DELETED> ``(G) a federally recognized Indian Tribe
or a consortium of such Indian Tribes;</DELETED>
<DELETED> ``(H) a transit agency; and</DELETED>
<DELETED> ``(I) a multi-State or multijurisdictional
group of entities described in any of subparagraphs (A)
through (H).</DELETED>
<DELETED> ``(3) Eligible project.--The term `eligible
project' means--</DELETED>
<DELETED> ``(A) a highway or bridge project eligible
for assistance under title 23;</DELETED>
<DELETED> ``(B) a public transportation project
eligible for assistance under chapter 53;</DELETED>
<DELETED> ``(C) a passenger rail or freight rail
transportation project eligible for assistance under
this title;</DELETED>
<DELETED> ``(D) a port infrastructure investment,
including--</DELETED>
<DELETED> ``(i) inland port infrastructure;
and</DELETED>
<DELETED> ``(ii) a land port-of-
entry;</DELETED>
<DELETED> ``(E) the surface transportation
components of an airport project eligible for
assistance under part B of subtitle VII;</DELETED>
<DELETED> ``(F) a project for investment in a
surface transportation facility located on Tribal land,
the title or maintenance responsibility of which is
vested in the Federal Government;</DELETED>
<DELETED> ``(G) a project to replace or rehabilitate
a culvert or prevent stormwater runoff for the purpose
of improving habitat for aquatic species that will
advance the goal of the program described in subsection
(b)(2); and</DELETED>
<DELETED> ``(H) any other surface transportation
infrastructure project that the Secretary considers to
be necessary to advance the goal of the
program.</DELETED>
<DELETED> ``(4) Program.--The term `program' means the Local
and Regional Project Assistance Program established under
subsection (b)(1).</DELETED>
<DELETED> ``(5) Rural area.--The term `rural area' means an
area that is located outside of an urbanized area.</DELETED>
<DELETED> ``(6) Secretary.--The term `Secretary' means the
Secretary of Transportation.</DELETED>
<DELETED> ``(7) Urbanized area.--The term `urbanized area'
means an area with a population of more than 200,000 residents,
based on the most recent decennial census.</DELETED>
<DELETED> ``(b) Establishment.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall establish
and carry out a program, to be known as the `Local and Regional
Project Assistance Program', to provide for capital investments
in surface transportation infrastructure.</DELETED>
<DELETED> ``(2) Goal.--The goal of the program shall be to
fund eligible projects that will have a significant local or
regional impact and improve transportation
infrastructure.</DELETED>
<DELETED> ``(c) Grants.--</DELETED>
<DELETED> ``(1) In general.--In carrying out the program,
the Secretary may make grants to eligible entities, on a
competitive basis, in accordance with this section.</DELETED>
<DELETED> ``(2) Amount.--Except as otherwise provided in
this section, each grant made under the program shall be in an
amount equal to--</DELETED>
<DELETED> ``(A) not less than $5,000,000 for an
urbanized area;</DELETED>
<DELETED> ``(B) not less than $1,000,000 for a rural
area; and</DELETED>
<DELETED> ``(C) not more than $25,000,000.</DELETED>
<DELETED> ``(3) Limitation.--Not more than 15 percent of the
funds made available to carry out the program for a fiscal year
may be awarded to eligible projects in a single State during
that fiscal year.</DELETED>
<DELETED> ``(d) Selection of Eligible Projects.--</DELETED>
<DELETED> ``(1) Notice of funding opportunity.--Not later
than 60 days after the date on which funds are made available
to carry out the program, the Secretary shall publish a notice
of funding opportunity for the funds.</DELETED>
<DELETED> ``(2) Applications.--To be eligible to receive a
grant under the program, an eligible entity shall submit to the
Secretary an application--</DELETED>
<DELETED> ``(A) in such form and containing such
information as the Secretary considers to be
appropriate; and</DELETED>
<DELETED> ``(B) by such date as the Secretary may
establish, subject to the condition that the date shall
be not later than 90 days after the date on which the
Secretary issues the solicitation under paragraph
(1).</DELETED>
<DELETED> ``(3) Primary selection criteria.--In awarding
grants under the program, the Secretary shall evaluate the
extent to which a project--</DELETED>
<DELETED> ``(A) improves safety;</DELETED>
<DELETED> ``(B) improves environmental
sustainability;</DELETED>
<DELETED> ``(C) improves the quality of life of
rural areas or urbanized areas;</DELETED>
<DELETED> ``(D) increases economic competitiveness
and opportunity;</DELETED>
<DELETED> ``(E) contributes to a state of good
repair; and</DELETED>
<DELETED> ``(F) improves mobility and community
connectivity.</DELETED>
<DELETED> ``(4) Additional selection criteria.--In selecting
projects to receive grants under the program, the Secretary
shall take into consideration the extent to which--</DELETED>
<DELETED> ``(A) the project sponsors collaborated
with other public and private entities;</DELETED>
<DELETED> ``(B) the project adopts innovative
technologies or techniques, including--</DELETED>
<DELETED> ``(i) innovative
technology;</DELETED>
<DELETED> ``(ii) innovative project delivery
techniques; and</DELETED>
<DELETED> ``(iii) innovative project
financing;</DELETED>
<DELETED> ``(C) the project has demonstrated
readiness; and</DELETED>
<DELETED> ``(D) the project is cost
effective.</DELETED>
<DELETED> ``(5) Transparency.--</DELETED>
<DELETED> ``(A) In general.--The Secretary, shall
evaluate, through a methodology that is discernible and
transparent to the public, the means by which each
application submitted under paragraph (2) addresses the
criteria under paragraphs (3) and (4) or otherwise
established by the Secretary.</DELETED>
<DELETED> ``(B) Publication.--The methodology under
subparagraph (A) shall be published by the Secretary as
part of the notice of funding opportunity under the
program.</DELETED>
<DELETED> ``(6) Awards.--Not later than 270 days after the
date on which amounts are made available to provide grants
under the program for a fiscal year, the Secretary shall
announce the selection by the Secretary of eligible projects to
receive the grants in accordance with this section.</DELETED>
<DELETED> ``(7) Technical assistance.--</DELETED>
<DELETED> ``(A) In general.--On request of an
eligible entity that submitted an application under
paragraph (2) for a project that is not selected to
receive a grant under the program, the Secretary shall
provide to the eligible entity technical assistance and
briefings relating to the project.</DELETED>
<DELETED> ``(B) Treatment.--Technical assistance
provided under this paragraph shall not be considered
to provide a guarantee of future selection of the
applicable project under the program.</DELETED>
<DELETED> ``(e) Federal Share.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), the Federal share of the cost of an eligible project
carried out using a grant provided under the program shall not
exceed 80 percent.</DELETED>
<DELETED> ``(2) Exception.--The Federal share of the cost of
an eligible project carried out in a rural area or an area of
persistent poverty using a grant under this subsection may
exceed 80 percent, at the discretion of the
Secretary.</DELETED>
<DELETED> ``(3) Treatment of other federal funds.--Amounts
provided under any of the following programs shall be
considered to be a part of the non-Federal share for purposes
of this subsection:</DELETED>
<DELETED> ``(A) The tribal transportation program
under section 202 of title 23.</DELETED>
<DELETED> ``(B) The Federal lands transportation
program under section 203 of title 23.</DELETED>
<DELETED> ``(C) The TIFIA program (as defined in
section 601(a) of title 23).</DELETED>
<DELETED> ``(D) The Railroad Rehabilitation and
Improvement Financing Program under chapter
224.</DELETED>
<DELETED> ``(4) Limitation.--The Secretary shall not take
into consideration the Federal share in selecting eligible
projects to receive grants under the program.</DELETED>
<DELETED> ``(f) Other Considerations.--</DELETED>
<DELETED> ``(1) In general.--Of the total amount made
available to carry out the program for each fiscal year--
</DELETED>
<DELETED> ``(A) not more than 50 percent shall be
allocated for eligible projects located in rural areas;
and</DELETED>
<DELETED> ``(B) not more than 50 percent shall be
allocated for eligible projects located in urbanized
areas.</DELETED>
<DELETED> ``(2) Historically disadvantaged communities and
areas of persistent poverty.--Of the total amount made
available to carry out the program for each fiscal year, not
less than 1 percent shall be awarded for projects in
historically disadvantaged communities or areas of persistent
poverty.</DELETED>
<DELETED> ``(3) Multimodal and geographical
considerations.--In selecting projects to receive grants under
the program, the Secretary shall take into consideration
geographical and modal diversity.</DELETED>
<DELETED> ``(g) Project Planning.--Of the amounts made available to
carry out the program for each fiscal year, not less than 5 percent
shall be made available for the planning, preparation, or design of
eligible projects.</DELETED>
<DELETED> ``(h) Transfer of Authority.--Of the amounts made
available to carry out the program for each fiscal year, the Secretary
may transfer not more than 2 percent for a fiscal year to the
Administrator of any of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration, or the
Maritime Administration to award and oversee grants and credit
assistance in accordance with this section.</DELETED>
<DELETED> ``(i) Credit Program Costs.--</DELETED>
<DELETED> ``(1) In general.--Subject to paragraph (2), at
the request of an eligible entity, the Secretary may use a
grant provided to the eligible entity under the program to pay
the subsidy or credit risk premium, and the administrative
costs, of an eligible project that is eligible for Federal
credit assistance under--</DELETED>
<DELETED> ``(A) chapter 224; or</DELETED>
<DELETED> ``(B) chapter 6 of title 23.</DELETED>
<DELETED> ``(2) Limitation.--Not more than 20 percent of the
funds made available to carry out the program for a fiscal year
may be used to carry out paragraph (1).</DELETED>
<DELETED> ``(j) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section $1,500,000,000
for each of fiscal years 2022 through 2026, to remain available for a
period of 3 fiscal years following the fiscal year for which the
amounts are appropriated.</DELETED>
<DELETED> ``(k) Reports.--</DELETED>
<DELETED> ``(1) Annual report.--The Secretary shall make
available on the website of the Department of Transportation at
the end of each fiscal year an annual report that describes
each eligible project for which a grant was provided under the
program during that fiscal year.</DELETED>
<DELETED> ``(2) Comptroller general.--Not later than 1 year
after the date on which the initial grants are awarded for
eligible projects under the program, the Comptroller General of
the United States shall--</DELETED>
<DELETED> ``(A) review the administration of the
program, including--</DELETED>
<DELETED> ``(i) the solicitation process;
and</DELETED>
<DELETED> ``(ii) the selection process,
including--</DELETED>
<DELETED> ``(I) the adequacy and
fairness of the process; and</DELETED>
<DELETED> ``(II) the selection
criteria; and</DELETED>
<DELETED> ``(B) 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 the
findings of the review under subparagraph (A),
including recommendations for improving the
administration of the program, if any.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for subtitle III of
title 49, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``CHAPTER 67--National Infrastructure Investments
<DELETED>``Sec. 6701. National infrastructure project assistance.
<DELETED>``Sec. 6702. Local and regional project assistance.''.
<DELETED>SEC. 1203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND
RESTORATION GRANT PROGRAM.</DELETED>
<DELETED> (a) In General.--Chapter 67 of title 49, United States
Code (as amended by section 1202(a)), is amended by adding at the end
the following:</DELETED>
<DELETED>``Sec. 6703. National culvert removal, replacement, and
restoration grant program</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Indian tribe.--The term `Indian Tribe' has
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).</DELETED>
<DELETED> ``(2) Program.--The term `program' means the
annual competitive grant program established under subsection
(b).</DELETED>
<DELETED> ``(3) Secretary.--The term `Secretary' means the
Secretary of Transportation.</DELETED>
<DELETED> ``(4) Undersecretary.--The term `Undersecretary'
means the Undersecretary of Commerce for Oceans and
Atmosphere.</DELETED>
<DELETED> ``(b) Establishment.--The Secretary, in consultation with
the Undersecretary, shall establish an annual competitive grant program
to award grants to eligible entities for--</DELETED>
<DELETED> ``(1) projects for the replacement, removal, and
repair of culverts that would meaningfully improve or restore
fish passage for anadromous fish; or</DELETED>
<DELETED> ``(2) projects with the goal of addressing
freshwater runoff that impacts marine or anadromous fish and
shellfish species.</DELETED>
<DELETED> ``(c) Eligible Entities.--An entity eligible to receive a
grant under the program is--</DELETED>
<DELETED> ``(1) a State;</DELETED>
<DELETED> ``(2) a unit of local government; or</DELETED>
<DELETED> ``(3) an Indian Tribe.</DELETED>
<DELETED> ``(d) Grant Selection Process.--The Secretary, in
consultation with the Undersecretary, shall establish a process for
determining criteria for awarding grants under the program, subject to
subsection (e).</DELETED>
<DELETED> ``(e) Prioritization.--The Secretary, in consultation with
the Undersecretary, shall establish procedures to prioritize awarding
grants under the program to--</DELETED>
<DELETED> ``(1) projects that would improve fish passage
for--</DELETED>
<DELETED> ``(A) anadromous fish stocks listed as an
endangered species or a threatened species under
section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533);</DELETED>
<DELETED> ``(B) anadromous fish stocks identified by
the Undersecretary that could reasonably become listed
as an endangered species or a threatened species under
that section;</DELETED>
<DELETED> ``(C) anadromous fish stocks identified by
the Undersecretary as prey for endangered species,
threatened species, or protected species, including
Southern resident orcas (Orcinus orcas); or</DELETED>
<DELETED> ``(D) anadromous fish stocks identified by
the Undersecretary as climate resilient stocks;
and</DELETED>
<DELETED> ``(2) with respect to culvert removal, projects
that would open up more than 200 meters of upstream habitat
before the end of the natural habitat.</DELETED>
<DELETED> ``(f) Federal Share.--The Federal share of the cost of a
project carried out with a grant to a State or a unit of local
government under the program shall be not more than 80
percent.</DELETED>
<DELETED> ``(g) Technical Assistance.--The Secretary, in
consultation with the Undersecretary, shall develop a process to
provide technical assistance to Indian Tribes and underserved
communities to assist in the project design and grant process and
procedures.</DELETED>
<DELETED> ``(h) Administrative Expenses.--Of the amounts made
available for each fiscal year to carry out the program, the Secretary
and the Undersecretary may use not more than 2 percent to pay the
administrative expenses necessary to carry out this section.</DELETED>
<DELETED> ``(i) Authorization of Appropriations.--There is
authorized to be appropriated to carry out the program $800,000,000 for
each of fiscal years 2022 through 2026.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 67 of
title 49, United States Code (as added by section 1202(b)), is amended
by adding at the end the following:</DELETED>
<DELETED>``6703. National culvert removal, replacement, and restoration
grant program.''.
<DELETED>SEC. 1204. NATIONALLY SIGNIFICANT MULTIMODAL FREIGHT
PROJECTS.</DELETED>
<DELETED> (a) In General.--Section 117 of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in the section heading, by inserting
``multimodal'' before ``freight'';</DELETED>
<DELETED> (2) in subsection (a)(2)--</DELETED>
<DELETED> (A) in subparagraph (C), by striking
``highway'' and inserting ``freight''; and</DELETED>
<DELETED> (B) in subparagraph (E), by striking
``highway'' and inserting ``freight'';</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1)(A)--</DELETED>
<DELETED> (i) in clause (iii)(II), by
striking ``or'' after the semicolon at the
end;</DELETED>
<DELETED> (ii) in clause (iv), by striking
``and'' at the end and inserting ``or'';
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(v) a highway, bridge, or
freight project carried out on the National
Multimodal Freight Network established under
section 70103 of title 49; and''; and</DELETED>
<DELETED> (B) in paragraph (2), by striking
``$600,000,000'' and inserting ``50
percent'';</DELETED>
<DELETED> (4) in subsection (e)(1)--</DELETED>
<DELETED> (A) by striking ``10 percent'' and
inserting ``not less than 15 percent'';</DELETED>
<DELETED> (B) by striking ``subsection (d)(1)(A)''
and inserting ``subsection (d)(1)''; and</DELETED>
<DELETED> (C) by striking ``subsection (d)(1)(B)''
and inserting ``subsection (d)(2)'';</DELETED>
<DELETED> (5) in subsection (f)(2), by inserting
``(including a project to replace or rehabilitate a culvert, or
to reduce stormwater runoff for the purpose of improving
habitat for aquatic species)'' after ``environmental
mitigation'';</DELETED>
<DELETED> (6) in subsection (m), by striking paragraph (1)
and inserting the following:</DELETED>
<DELETED> ``(1) In general.--Not later than 60 days before
the date on which a grant is provided for a project under this
section, the Secretary shall submit to the Committees on
Commerce, Science, and Transportation and Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
describing the proposed grant, including--</DELETED>
<DELETED> ``(A) an evaluation and justification for
the applicable project; and</DELETED>
<DELETED> ``(B) a description of the amount of the
proposed grant award.''; and</DELETED>
<DELETED> (7) by adding at the end the following:</DELETED>
<DELETED> ``(o) Additional Authorization of Appropriations.--In
addition to amounts made available from the Highway Trust Fund, there
are authorized to be appropriated to carry out this section, to remain
available for a period of 3 fiscal years following the fiscal year for
which the amounts are appropriated--</DELETED>
<DELETED> ``(1) $1,100,000,000 for fiscal year
2022;</DELETED>
<DELETED> ``(2) $1,200,000,000 for fiscal year
2023;</DELETED>
<DELETED> ``(3) $1,300,000,000 for fiscal year
2024;</DELETED>
<DELETED> ``(4) $1,400,000,000 for fiscal year 2025;
and</DELETED>
<DELETED> ``(5) $1,500,000,000 for fiscal year
2026.''.</DELETED>
<DELETED> (b) Conforming Amendment.--Section 116(d)(1)(D) of title
49, United States Code, is amended by striking ``freight and highway
projects program'' and inserting ``multimodal freight and highway
projects program''.</DELETED>
<DELETED>SEC. 1205. NATIONAL MULTIMODAL COOPERATIVE FREIGHT RESEARCH
PROGRAM.</DELETED>
<DELETED> (a) In General.--Chapter 702 of title 49, United States
Code (as amended by section 1106(a)), is amended by inserting after
section 70204 the following:</DELETED>
<DELETED>``Sec. 70205. National multimodal cooperative freight research
program</DELETED>
<DELETED> ``(a) Establishment.--Not later than 1 year after the date
of enactment of this section, the Secretary of Transportation (referred
to in this section as the `Secretary') shall establish and support a
national cooperative freight transportation research program.</DELETED>
<DELETED> ``(b) Administration by National Academy of Sciences.--
</DELETED>
<DELETED> ``(1) In general.--The Secretary shall enter into
an agreement with the National Academy of Sciences to support
and carry out administrative and management activities under
the program established under subsection (a).</DELETED>
<DELETED> ``(2) Advisory committee.--To assist the National
Academy of Sciences in carrying out this subsection, the
National Academy shall establish an advisory committee, the
members of which represent a cross-section of multimodal
freight stakeholders, including--</DELETED>
<DELETED> ``(A) the Department of Transportation and
other relevant Federal departments and
agencies;</DELETED>
<DELETED> ``(B) State (including the District of
Columbia) departments of transportation;</DELETED>
<DELETED> ``(C) units of local government, including
public port authorities;</DELETED>
<DELETED> ``(D) nonprofit entities;</DELETED>
<DELETED> ``(E) institutions of higher
education;</DELETED>
<DELETED> ``(F) labor organizations representing
employees in freight industries; and</DELETED>
<DELETED> ``(G) private sector entities representing
various transportation modes.</DELETED>
<DELETED> ``(c) Activities.--</DELETED>
<DELETED> ``(1) National research agenda.--</DELETED>
<DELETED> ``(A) In general.--The advisory committee
established under subsection (b)(2), in consultation
with interested parties, shall recommend a national
research agenda for the program in accordance with
subsection (d), which shall include a multiyear
strategic plan.</DELETED>
<DELETED> ``(B) Action by interested parties.--For
purposes of subparagraph (A), an interested party may--
</DELETED>
<DELETED> ``(i) submit to the advisory
committee research proposals;</DELETED>
<DELETED> ``(ii) participate in merit
reviews of research proposals and peer reviews
of research products; and</DELETED>
<DELETED> ``(iii) receive research
results.</DELETED>
<DELETED> ``(2) Research contracts and grants.--</DELETED>
<DELETED> ``(A) In general.--The National Academy of
Sciences may award research contracts and grants under
the program established under subsection (a) through--
</DELETED>
<DELETED> ``(i) open competition;
and</DELETED>
<DELETED> ``(ii) merit review, conducted on
a regular basis.</DELETED>
<DELETED> ``(B) Evaluation.--</DELETED>
<DELETED> ``(i) Peer review.--A contract or
grant for research under subparagraph (A) may
allow peer review of the research
results.</DELETED>
<DELETED> ``(ii) Programmatic evaluations.--
The National Academy of Sciences may conduct
periodic programmatic evaluations on a regular
basis of a contract or grant for research under
subparagraph (A).</DELETED>
<DELETED> ``(C) Dissemination of findings.--The
National Academy of Sciences shall disseminate the
findings of any research conducted under this paragraph
to relevant researchers, practitioners, and
decisionmakers through--</DELETED>
<DELETED> ``(i) conferences and
seminars;</DELETED>
<DELETED> ``(ii) field
demonstrations;</DELETED>
<DELETED> ``(iii) workshops;</DELETED>
<DELETED> ``(iv) training
programs;</DELETED>
<DELETED> ``(v) presentations;</DELETED>
<DELETED> ``(vi) testimony to government
officials;</DELETED>
<DELETED> ``(vii) publicly accessible
websites;</DELETED>
<DELETED> ``(viii) publications for the
general public; and</DELETED>
<DELETED> ``(ix) other appropriate
means.</DELETED>
<DELETED> ``(3) Report.--Not later than 1 year after the
date of establishment of the program under subsection (a), and
annually thereafter, the Secretary shall make available on a
public website a report that describes the ongoing research and
findings under the program.</DELETED>
<DELETED> ``(d) Areas for Research.--The national research agenda
under subsection (c)(1) shall consider research in the following
areas:</DELETED>
<DELETED> ``(1) Improving the efficiency and resiliency of
freight movement, including--</DELETED>
<DELETED> ``(A) improving the connections between
rural areas and domestic and foreign markets;</DELETED>
<DELETED> ``(B) maximizing infrastructure utility,
including improving urban curb-use
efficiency;</DELETED>
<DELETED> ``(C) quantifying the national impact of
blocked railroad crossings;</DELETED>
<DELETED> ``(D) improved techniques for estimating
and quantifying public benefits derived from freight
transportation projects; and</DELETED>
<DELETED> ``(E) low-cost methods to reduce
congestion at bottlenecks.</DELETED>
<DELETED> ``(2) Adapting to future trends in freight,
including--</DELETED>
<DELETED> ``(A) considering the impacts of e-
commerce;</DELETED>
<DELETED> ``(B) automation; and</DELETED>
<DELETED> ``(C) zero-emissions
transportation.</DELETED>
<DELETED> ``(3) Workforce considerations in freight,
including--</DELETED>
<DELETED> ``(A) diversifying the freight
transportation industry workforce; and</DELETED>
<DELETED> ``(B) creating and transitioning a
workforce capable of designing, deploying, and
operating emerging technologies.</DELETED>
<DELETED> ``(e) Federal Share.--</DELETED>
<DELETED> ``(1) In general.--The Federal share of the cost
of an activity carried out under this section shall be up to
100 percent.</DELETED>
<DELETED> ``(2) Use of non-federal funds.--In addition to
using funds made available to carry out this section, the
National Academy of Sciences may seek and accept additional
funding from public and private entities capable of accepting
funding from the Department of Transportation, States, units of
local government, nonprofit entities, and the private
sector.</DELETED>
<DELETED> ``(f) Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary $3,750,000 for each
fiscal year to carry out the program established under subsection (a),
to remain available until expended.</DELETED>
<DELETED> ``(g) Sunset.--The program established under subsection
(a) shall terminate 5 years after the date of enactment of this
section.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 702 of
title 49, United States Code (as amended by section 1106(b)), is
amended by inserting after the item relating to section 70204 the
following:</DELETED>
<DELETED>``70205. National multimodal cooperative freight research
program.''.
<DELETED>SEC. 1206. RURAL AND TRIBAL INFRASTRUCTURE
ADVANCEMENT.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Build america bureau.--The term ``Build
America Bureau'' means the National Surface Transportation and
Innovative Finance Bureau established under section 116 of
title 49, United States Code.</DELETED>
<DELETED> (2) Eligible entity.--The term ``eligible entity''
means--</DELETED>
<DELETED> (A) a unit of local government or
political subdivision that is located outside of an
urbanized area with a population of more than 150,000
residents, as determined by the Bureau of the
Census;</DELETED>
<DELETED> (B) a State seeking to advance a project
located in an area described in subparagraph (A);
and</DELETED>
<DELETED> (C) a federally recognized Indian
Tribe.</DELETED>
<DELETED> (3) Eligible program.--The term ``eligible
program'' means any program described in--</DELETED>
<DELETED> (A) subparagraph (A), (B), or (D) of
section 116(d)(1) of title 49, United States Code;
or</DELETED>
<DELETED> (B) chapter 67 of that title (as added by
section 1201).</DELETED>
<DELETED> (4) Pilot program.--The term ``pilot program''
means the Rural and Tribal Assistance Pilot Program established
under subsection (b)(1).</DELETED>
<DELETED> (b) Establishment.--</DELETED>
<DELETED> (1) In general.--The Secretary shall establish
within the Build America Bureau a pilot program, to be known as
the ``Rural and Tribal Assistance Pilot Program'', to provide
to eligible entities the assistance and information described
in paragraph (2).</DELETED>
<DELETED> (2) Assistance and information.--In carrying out
the pilot program, the Secretary may provide to an eligible
entity the following:</DELETED>
<DELETED> (A) Financial, technical, and legal
assistance to evaluate potential projects reasonably
expected to be eligible to receive funding or financing
assistance under an eligible program.</DELETED>
<DELETED> (B) Assistance with development-phase
activities, including--</DELETED>
<DELETED> (i) project planning;</DELETED>
<DELETED> (ii) feasibility
studies;</DELETED>
<DELETED> (iii) revenue forecasting and
funding and financing options
analyses;</DELETED>
<DELETED> (iv) environmental
review;</DELETED>
<DELETED> (v) preliminary engineering and
design work;</DELETED>
<DELETED> (vi) economic assessments and
cost-benefit analyses;</DELETED>
<DELETED> (vii) public benefit
studies;</DELETED>
<DELETED> (viii) statutory and regulatory
framework analyses;</DELETED>
<DELETED> (ix) value for money
studies;</DELETED>
<DELETED> (x) evaluations of costs to
sustain the project;</DELETED>
<DELETED> (xi) evaluating opportunities for
private financing and project bundling;
and</DELETED>
<DELETED> (xii) any other activity
determined to be appropriate by the
Secretary.</DELETED>
<DELETED> (C) Information regarding innovative
financing best practices and case studies, if the
eligible entity is interested in using innovative
financing methods.</DELETED>
<DELETED> (c) Assistance From Expert Firms.--The Secretary may
retain the services of expert firms, including counsel, in the field of
municipal and project finance to assist in providing financial,
technical, and legal assistance to eligible entities under the pilot
program.</DELETED>
<DELETED> (d) Website.--</DELETED>
<DELETED> (1) Description of pilot program.--</DELETED>
<DELETED> (A) In general.--The Secretary shall make
publicly available on the website of the Department a
description of the pilot program, including--</DELETED>
<DELETED> (i) the resources available to
eligible entities under the pilot program;
and</DELETED>
<DELETED> (ii) the application process
established under paragraph (2)(A).</DELETED>
<DELETED> (B) Clearinghouse.--The Secretary may
establish a clearinghouse for tools, templates, and
best practices on the page of the website of the
Department that contains the information described in
subparagraph (A).</DELETED>
<DELETED> (2) Applications.--</DELETED>
<DELETED> (A) In general.--Not later than 180 days
after the date of enactment of this Act, the Secretary
shall establish a process by which an eligible entity
may submit to the Secretary an application under the
pilot program, in such form and containing such
information as the Secretary may require.</DELETED>
<DELETED> (B) Online portal.--The Secretary shall
develop and make available to the public an online
portal through which the Secretary may receive
applications under subparagraph (A), on a rolling
basis.</DELETED>
<DELETED> (C) Approval.--</DELETED>
<DELETED> (i) In general.--Not later than 60
days after the date on which the Secretary
receives a complete application under
subparagraph (A), the Secretary shall provide
to each eligible entity that submitted the
application a notice describing whether the
application is approved or
disapproved.</DELETED>
<DELETED> (ii) Additional written
notification.--</DELETED>
<DELETED> (I) In general.--Not later
than 30 days after the date on which
the Secretary provides to an eligible
entity a notification under clause (i),
the Secretary shall provide to the
eligible entity an additional written
notification of the approval or
disapproval of the
application.</DELETED>
<DELETED> (II) Disapproved
applications.--If the application of an
eligible entity is disapproved under
this subparagraph, the additional
written notification provided to the
eligible entity under subclause (I)
shall include an offer for a written or
telephonic debrief by the Secretary
that will provide an explanation of,
and guidance regarding, the reasons why
the application was
disapproved.</DELETED>
<DELETED> (iii) Insufficient applications.--
The Secretary shall not approve an application
under this subparagraph if the application
fails to meet the applicable criteria
established under this section.</DELETED>
<DELETED> (3) Dashboard.--The Secretary shall publish on the
website of the Department a monthly report that includes, for
each application received under the pilot program--</DELETED>
<DELETED> (A) the type of eligible entity that
submitted the application;</DELETED>
<DELETED> (B) the location of each potential project
described in the application;</DELETED>
<DELETED> (C) a brief description of the assistance
requested;</DELETED>
<DELETED> (D) the date on which the Secretary
received the application; and</DELETED>
<DELETED> (E) the date on which the Secretary
provided the notice of approval or disapproval under
paragraph (2)(C)(i).</DELETED>
<DELETED> (e) Experts.--An eligible entity that receives assistance
under the pilot program may retain the services of an expert for any
phase of a project carried out using the assistance, including project
development, regardless of whether the expert is retained by the
Secretary under subsection (c).</DELETED>
<DELETED> (f) Funding.--</DELETED>
<DELETED> (1) In general.--For each of fiscal years 2022
through 2026, the Secretary may use to carry out the pilot
program, including to retain the services of expert firms under
subsection (c), any amount made available to the Secretary to
provide credit assistance under an eligible program that is not
otherwise obligated, subject to paragraph (2).</DELETED>
<DELETED> (2) Limitation.--The amount used under paragraph
(1) to carry out the pilot program shall be not more than--
</DELETED>
<DELETED> (A) $1,600,000 for fiscal year
2022;</DELETED>
<DELETED> (B) $1,800,000 for fiscal year
2023;</DELETED>
<DELETED> (C) $2,000,000 for fiscal year
2024;</DELETED>
<DELETED> (D) $2,200,000 for fiscal year 2025;
and</DELETED>
<DELETED> (E) $2,400,000 for fiscal year
2026.</DELETED>
<DELETED> (3) Geographical distribution.--Not more than 20
percent of the funds made available to carry out the pilot
program for a fiscal year may be used for projects in a single
State during that fiscal year.</DELETED>
<DELETED> (g) Sunset.--The pilot program shall terminate on the date
that is 5 years after the date of enactment of this Act.</DELETED>
<DELETED> (h) Nonapplicability.--Nothing in this section limits the
ability of the Build America Bureau or the Secretary to establish or
carry out any other assistance program under title 23 or title 49,
United States Code.</DELETED>
<DELETED> (i) Administration by Build America Bureau.--Section
116(d)(1) of title 49, United States Code, is amended by adding at the
end the following:</DELETED>
<DELETED> ``(E) The Rural and Tribal Assistance
Pilot Program established under section 1206(b)(1) of
the Surface Transportation Investment Act of
2021.''.</DELETED>
<DELETED>Subtitle C--Railroad Rehabilitation and Improvement Financing
Reforms</DELETED>
<DELETED>SEC. 1301. RRIF CODIFICATION AND REFORMS.</DELETED>
<DELETED> (a) Codification of Title V of the Railroad Revitalization
and Regulatory Reform Act of 1976.--Part B of subtitle V of title 49,
United States Code, is amended--</DELETED>
<DELETED> (1) by inserting after chapter 223 the following
chapter analysis:</DELETED>
<DELETED>``Chapter 224--Railroad Rehabilitation and Improvement
Financing
<DELETED>``Sec.
<DELETED>``22401. Definitions.
<DELETED>``22402. Direct loans and loan guarantees.
<DELETED>``22403. Administration of direct loans and loan guarantees.
<DELETED>``22404. Employee protection.
<DELETED>``22405. Authorization of appropriations.'';
<DELETED> (2) by inserting after the chapter analysis the
following section headings:</DELETED>
<DELETED>``Sec. 22401. Definitions</DELETED>
<DELETED>``Sec. 22402. Direct loans and loan guarantees</DELETED>
<DELETED>``Sec. 22403. Administration of direct loans and loan
guarantees</DELETED>
<DELETED>``Sec. 22404. Employee protection'';</DELETED>
<DELETED> (3) by inserting after the section heading for
section 22401, as added by paragraph (2), the text of section
501 of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 821);</DELETED>
<DELETED> (4) by inserting after the section heading for
section 22402, as added by paragraph (2), the text of section
502 of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 822);</DELETED>
<DELETED> (5) by inserting after the section heading for
section 22403, as added by paragraph (2), the text of section
503 of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 823); and</DELETED>
<DELETED> (6) by inserting after the section heading for
section 22404, as added by paragraph (2), the text of section
504 of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 836).</DELETED>
<DELETED> (b) Conforming Repeals.--</DELETED>
<DELETED> (1) In general.--Sections 501, 502, 503, and 504
of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 821, 822, 823, and 836) are repealed.</DELETED>
<DELETED> (2) Savings provision.--The section repeals under
paragraph (1) shall not affect the rights and duties that
matured under such sections, the penalties that were incurred
under such sections, or any proceeding authorized under any
such section that commenced before the date of enactment of
this Act.</DELETED>
<DELETED> (c) Definitions.--Section 22401 of title 49, United States
Code, as added by subsection (a)(2), and amended by subsection (a)(3),
is further amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``For purposes of this title:'' and inserting ``In
this chapter:'';</DELETED>
<DELETED> (2) by amending paragraph (12) to read as
follows:</DELETED>
<DELETED> ``(12) The term `railroad' includes--</DELETED>
<DELETED> ``(A) any `railroad' or `railroad carrier'
(as such terms are defined in section 20102);
and</DELETED>
<DELETED> ``(B) any `rail carrier' (as defined in
section 24102).'';</DELETED>
<DELETED> (3) by redesignating paragraph (14) as paragraph
(15); and</DELETED>
<DELETED> (4) by inserting after paragraph (13) the
following:</DELETED>
<DELETED> ``(14) The term `Secretary' means the Secretary of
Transportation.''.</DELETED>
<DELETED> (d) Direct Loans and Loan Guarantees.--Section 22402 of
title 49, United States Code, as added by subsection (a)(2), and
amended by subsection (a)(4), is further amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (2), by inserting
``entities implementing'' before ``interstate
compacts'';</DELETED>
<DELETED> (B) in paragraph (5), by striking ``and''
at the end; and</DELETED>
<DELETED> (C) by striking paragraph (6) and
inserting the following:</DELETED>
<DELETED> ``(6) limited option freight shippers that own or
operate a plant or other facility, solely for the purpose of
constructing a rail connection between a plant or facility and
a railroad; and</DELETED>
<DELETED> ``(7) private entities with controlling ownership
in 1 or more freight railroads other than Class I
carriers.'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by amending paragraph (1) to read as
follows:</DELETED>
<DELETED> ``(1) In general.--Direct loans and loan
guarantees authorized under this section shall be used--
</DELETED>
<DELETED> ``(A) to acquire, improve, or rehabilitate
intermodal or rail equipment or facilities, including
track, components of track, cuts and fills, stations,
tunnels, bridges, yards, buildings, and shops, and
costs related to these activities, including pre-
construction costs;</DELETED>
<DELETED> ``(B) to develop or establish new
intermodal or railroad facilities;</DELETED>
<DELETED> ``(C) to develop landside port
infrastructure for seaports serviced by rail;</DELETED>
<DELETED> ``(D) to refinance outstanding debt
incurred for the purposes described in subparagraph
(A), (B), or (C);</DELETED>
<DELETED> ``(E) to reimburse planning, permitting,
and design expenses relating to activities described in
subparagraph (A), (B), or (C); or</DELETED>
<DELETED> ``(F) to finance economic development,
including commercial and residential development, and
related infrastructure and activities, that--</DELETED>
<DELETED> ``(i) incorporates private
investment of greater than 20 percent of total
project costs;</DELETED>
<DELETED> ``(ii) is physically connected to,
or is within \1/2\ mile of, a fixed guideway
transit station, an intercity bus station, a
passenger rail station, or a multimodal station
that includes rail service;</DELETED>
<DELETED> ``(iii) demonstrates the ability
of the applicant to commence the contracting
process for construction not later than 90 days
after the date on which the direct loan or loan
guarantee is obligated for the project under
this chapter; and</DELETED>
<DELETED> ``(iv) demonstrates the ability to
generate new revenue for the relevant passenger
rail station or service by increasing
ridership, increasing tenant lease payments, or
carrying out other activities that generate
revenue exceeding costs.''; and</DELETED>
<DELETED> (B) by striking paragraph (3);</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``of
title 49, United States Code''; and</DELETED>
<DELETED> (B) in paragraph (5), by striking ``title
49, United States Code,'' and inserting ``this
title'';</DELETED>
<DELETED> (4) in subsection (e), by amending paragraph (1)
to read as follows:</DELETED>
<DELETED> ``(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 secured loan on the date of execution of the
loan agreement.'';</DELETED>
<DELETED> (5) in subsection (f)--</DELETED>
<DELETED> (A) in paragraph (3)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A)--</DELETED>
<DELETED> (I) by striking ``An
applicant may propose and'' and
inserting ``Upon receipt of a proposal
from an applicant under this
section,''; and</DELETED>
<DELETED> (II) by striking
``tangible asset'' and inserting
``collateral described in paragraph
(6)'';</DELETED>
<DELETED> (ii) in subparagraph (B)(ii), by
inserting ``, including operating or tenant
charges, facility rents, or other fees paid by
transportation service providers or operators
for access to, or the use of, infrastructure,
including rail lines, bridges, tunnels, yards,
or stations'' after ``user fees'';</DELETED>
<DELETED> (iii) in subparagraph (C), by
striking ``$75,000,000'' and inserting
``$150,000,000''; and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(D) Revenue from projected freight or
passenger demand for the project based on regionally
developed economic forecasts, including projections of
any modal diversion resulting from the project.'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(5) Cohorts of loans.--For any direct loan
issued before the date of enactment of the Fixing America's
Surface Transportation Act (Public Law 114-94) pursuant to
sections 501 through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), the
Secretary shall repay the credit risk premiums of such loan,
with interest accrued thereon, not later than--</DELETED>
<DELETED> ``(A) 60 days after the date of enactment
of the Surface Transportation Investment Act of 2021 if
the borrower has satisfied all obligations attached to
such loan; or</DELETED>
<DELETED> ``(B) if the borrower has not yet
satisfied all obligations attached to such loan, 60
days after the date on which all obligations attached
to such loan have been satisfied.</DELETED>
<DELETED> ``(6) Collateral.--</DELETED>
<DELETED> ``(A) Types of collateral.--An applicant
or infrastructure partner may propose tangible and
intangible assets as collateral, exclusive of goodwill.
The Secretary, after evaluating each such asset--
</DELETED>
<DELETED> ``(i) shall accept a net
liquidation value of collateral; and</DELETED>
<DELETED> ``(ii) shall consider and may
accept--</DELETED>
<DELETED> ``(I) the market value of
collateral; or</DELETED>
<DELETED> ``(II) in the case of a
blanket pledge or assignment of an
entire operating asset or basket of
assets as collateral, the market value
of assets, or, the market value of the
going concern, considering--</DELETED>
<DELETED> ``(aa) inclusion
in the pledge of all the assets
necessary for independent
operational utility of the
collateral, including tangible
assets such as real property,
track and structure, motive
power, equipment and rolling
stock, stations, systems and
maintenance facilities and
intangible assets such as long-
term shipping agreements,
easements, leases and access
rights such as for trackage and
haulage;</DELETED>
<DELETED> ``(bb) interchange
commitments; and</DELETED>
<DELETED> ``(cc) the value
of the asset as determined
through the cost or market
approaches, or the market value
of the going concern, with the
latter considering discounted
cash flows for a period not to
exceed the term of the direct
loan or loan
guarantee.</DELETED>
<DELETED> ``(B) Appraisal standards.--In evaluating
appraisals of collateral under subparagraph (A), the
Secretary shall consider--</DELETED>
<DELETED> ``(i) adherence to the substance
and principles of the Uniform Standards of
Professional Appraisal Practice, as developed
by the Appraisal Standards Board of the
Appraisal Foundation; and</DELETED>
<DELETED> ``(ii) the qualifications of the
appraisers to value the type of collateral
offered.</DELETED>
<DELETED> ``(7) Repayment of credit risk premiums.--The
Secretary shall return credit risk premiums paid, and interest
accrued on such premiums, 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 Surface Transportation Investment Act of 2021.'';</DELETED>
<DELETED> (6) in subsection (g), by amending paragraph (1)
the read as follows:</DELETED>
<DELETED> ``(1) repayment of the obligation is required to
be made within a term that is not longer than the shorter of--
</DELETED>
<DELETED> ``(A) 75 years after the date of
substantial completion of the project;</DELETED>
<DELETED> ``(B) the estimated useful life of the
rail equipment or facilities to be acquired,
rehabilitated, improved, developed, or established,
subject to an adequate determination of long-term risk;
or</DELETED>
<DELETED> ``(C) for projects determined to have an
estimated useful life that is longer than 35 years, the
period that is equal to the sum of--</DELETED>
<DELETED> ``(i) 35 years; and</DELETED>
<DELETED> ``(ii) the product of--</DELETED>
<DELETED> ``(I) the difference
between the estimated useful life and
35 years; multiplied by</DELETED>
<DELETED> ``(II) 75
percent.'';</DELETED>
<DELETED> (7) in subsection (h)--</DELETED>
<DELETED> (A) in paragraph (3)(B), by striking
``section 836 of this title'' and inserting ``section
22404''; and</DELETED>
<DELETED> (B) in paragraph (4), by striking
``(b)(1)(E)'' and inserting ``(b)(1)(F)'';</DELETED>
<DELETED> (8) in subsection (i)--</DELETED>
<DELETED> (A) by amending paragraph (4) to read as
follows:</DELETED>
<DELETED> ``(4) Streamline application review process.--
</DELETED>
<DELETED> ``(A) In general.--Not later than 180 days
after the date of enactment of the Surface
Transportation Investment Act of 2021, the Secretary
shall implement procedures and measures to economize
and make available an expedited application process or
processes at the request of applicants seeking loans or
loan guarantees.</DELETED>
<DELETED> ``(B) Criteria.--Applicants seeking loans
and loan guarantees under this section shall--
</DELETED>
<DELETED> ``(i) seek a total loan or loan
guarantee value not exceeding
$150,000,000;</DELETED>
<DELETED> ``(ii) meet eligible project
purposes described in subparagraphs (A) and (B)
of subsection (b)(1); and</DELETED>
<DELETED> ``(iii) meet other criteria
considered appropriate by the Secretary, in
consultation with the Council on Credit and
Finance of the Department of
Transportation.</DELETED>
<DELETED> ``(C) Expedited credit review.--The total
period between the submission of an application and the
approval or disapproval of an application for a direct
loan or loan guarantee under this paragraph may not
exceed 90 days. If an application review conducted
under this paragraph exceeds 90 days, the Secretary
shall--</DELETED>
<DELETED> ``(i) provide written notice to
the applicant, including a justification for
the delay and updated estimate of the time
needed for approval or disapproval;
and</DELETED>
<DELETED> ``(ii) publish the notice on the
dashboard described in paragraph
(5).'';</DELETED>
<DELETED> (B) in paragraph (5)--</DELETED>
<DELETED> (i) in subparagraph (E), by
striking ``and'' at the end;</DELETED>
<DELETED> (ii) in subparagraph (F), by
adding ``; and'' at the end; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(G) whether the project utilized the
expedited application process under paragraph (4).'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(6) Creditworthiness review status.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
maintain status information related to each application
for a loan or loan guarantee, which shall be provided
to the applicant upon request, including--</DELETED>
<DELETED> ``(i) the total value of the
proposed loan or loan guarantee;</DELETED>
<DELETED> ``(ii) the name of the applicant
or applicants submitting the
application;</DELETED>
<DELETED> ``(iii) the proposed capital
structure of the project to which the loan or
loan guarantee would be applied, including the
proposed Federal and non-Federal shares of the
total project cost;</DELETED>
<DELETED> ``(iv) the type of activity to
receive credit assistance, including whether
the project is new construction, the
rehabilitation of existing rail equipment or
facilities, or the refinancing an existing loan
or loan guarantee;</DELETED>
<DELETED> ``(v) if a deferred payment is
proposed, the length of such
deferment;</DELETED>
<DELETED> ``(vi) the credit rating or
ratings provided for the applicant;</DELETED>
<DELETED> ``(vii) if other credit
instruments are involved, the proposed
subordination relationship and a description of
such other credit instruments;</DELETED>
<DELETED> ``(viii) a schedule for the
readiness of proposed investments for
financing;</DELETED>
<DELETED> ``(ix) a description of any
Federal permits required, including under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any waivers under
section 5323(j) (commonly known as the `Buy
America Act');</DELETED>
<DELETED> ``(x) other characteristics of the
proposed activity to be financed, borrower, key
agreements, or the nature of the credit that
the Secretary considers to be fundamental to
the creditworthiness review;</DELETED>
<DELETED> ``(xi) the status of the
application in the pre-application review and
selection process;</DELETED>
<DELETED> ``(xii) the cumulative amounts
paid by the Secretary to outside advisors
related to the application, including financial
and legal advisors;</DELETED>
<DELETED> ``(xiii) a description of the key
rating factors used by the Secretary to
determine credit risk, including--</DELETED>
<DELETED> ``(I) the factors used to
determine risk for the proposed
application; and</DELETED>
<DELETED> ``(II) an adjectival risk
rating for each identified factor,
ranked as either low, moderate, or
high;</DELETED>
<DELETED> ``(xiv) a nonbinding estimate of
the credit risk premium, which may be in the
form of--</DELETED>
<DELETED> ``(I) a range, based on
the assessment of risk factors
described in clause (xiii);
or</DELETED>
<DELETED> ``(II) a justification for
why the estimate of the credit risk
premium cannot be determined based on
available information; and</DELETED>
<DELETED> ``(xv) a description of the key
information the Secretary needs from the
applicant to complete the credit review process
and make a final determination of the credit
risk premium.</DELETED>
<DELETED> ``(B) Report upon request.--The Secretary
shall provide the information described in subparagraph
(A) not later than 30 days after a request from the
applicant.</DELETED>
<DELETED> ``(C) Exception.--Applications processed
using the streamline application review process under
paragraph (4) are not subject to the requirements under
this paragraph.''; and</DELETED>
<DELETED> (9) by adding at the end the following:</DELETED>
<DELETED> ``(n) Non-Federal Share.--The proceeds of a loan provided
under this section may be used as the non-Federal share of project
costs for any grant program administered by the Secretary if such loan
is repayable from non-Federal funds.''.</DELETED>
<DELETED> (e) Administration of Direct Loans and Loan Guarantees.--
Section 22403 of title 49, United States Code, as added by subsection
(a)(2), and amended by subsection (a)(5), is further amended--
</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``The Secretary shall''
and inserting the following:</DELETED>
<DELETED> ``(1) In general.--The Secretary shall'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(2) Documentation.--An applicant meeting the
size standard for small business concerns established under
section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2))
may provide unaudited financial statements as documentation of
historical financial information if such statements are
accompanied by the applicant's Federal tax returns and Internal
Revenue Service tax verifications for the corresponding
years.''; and</DELETED>
<DELETED> (2) in subsection (m), by striking ``section 822
of this title'' and inserting ``section 22402''.</DELETED>
<DELETED> (f) Authorization of Appropriations.--Chapter 224 of title
49, United States Code, as added by subsection (a), and amended by
subsections (b) through (e), is further amended by adding at the end
the following:</DELETED>
<DELETED>``Sec. 22405. Authorization of appropriations</DELETED>
<DELETED> ``(a) Authorization.--</DELETED>
<DELETED> ``(1) In general.--There is authorized to be
appropriated for credit assistance under this chapter, which
shall be provided at the discretion of the Secretary,
$50,000,000 for each of fiscal years 2022 through
2026.</DELETED>
<DELETED> ``(2) Refund of premium.--There is authorized to
be appropriated to the Secretary $70,000,000 to repay the
credit risk premium in accordance with section
22402(f)(5).</DELETED>
<DELETED> ``(3) Availability.--Amounts appropriated pursuant
to this subsection shall remain available until
expended.</DELETED>
<DELETED> ``(b) Use of Funds.--</DELETED>
<DELETED> ``(1) In general.--Credit assistance provided
under subsection (a) may not exceed $20,000,000 for any loan or
loan guarantee.</DELETED>
<DELETED> ``(2) Administrative costs.--Not less than 3
percent of the amounts appropriated pursuant to subsection (a)
in each fiscal year shall be made available to the Secretary
for use in place of charges collected under section 22403(l)(1)
for passenger railroads and freight railroads other than Class
I carriers.</DELETED>
<DELETED> ``(3) Short line set-aside.--Not less than 50
percent of the amounts appropriated pursuant to subsection
(a)(1) for each fiscal year shall be set aside for freight
railroads other than Class I carriers.''.</DELETED>
<DELETED> (g) Clerical Amendment.--The analysis for title 49, United
States Code, is amended by inserting after the item relating to chapter
223 the following:</DELETED>
<DELETED>``224. Railroad rehabilitation and improvement 22401''.
financing.
<DELETED> (h) Technical and Conforming Amendments.--</DELETED>
<DELETED> (1) National trails system act.--Section 8(d) of
the National Trails System Act (16 U.S.C. 1247(d)) is amended
by inserting ``(45 U.S.C. 801 et seq.) and chapter 224 of title
49, United States Code'' after ``1976''.</DELETED>
<DELETED> (2) Passenger rail reform and investment act.--
Section 11315(c) of the Passenger Rail Reform and Investment
Act of 2015 (23 U.S.C. 322 note; Public Law 114-94) is amended
by striking ``sections 502 and 503 of the Railroad
Revitalization and Regulatory Reform Act of 1976'' and
inserting ``sections 22402 and 22403 of title 49, United States
Code''.</DELETED>
<DELETED> (3) Provisions classified in title 45, united
states code.--</DELETED>
<DELETED> (A) Railroad revitalization and regulatory
reform act of 1976.--Section 101 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 801) is amended--</DELETED>
<DELETED> (i) in subsection (a), in the
matter preceding paragraph (1), by striking
``It is the purpose of the Congress in this Act
to'' and inserting ``The purpose of this Act
and chapter 224 of title 49, United States
Code, is to''; and</DELETED>
<DELETED> (ii) in subsection (b), in the
matter preceding paragraph (1), by striking
``It is declared to be the policy of the
Congress in this Act'' and inserting ``The
policy of this Act and chapter 224 of title 49,
United States Code, is''.</DELETED>
<DELETED> (B) Railroad infrastructure financing
improvement act.--The Railroad Infrastructure Financing
Improvement Act (subtitle F of title XI of Public Law
114-94)--</DELETED>
<DELETED> (i) in section 11607(b) (45 U.S.C.
821 note), by striking ``All provisions under
sections 502 through 504 of the Railroad
Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 801 et seq.)'' and inserting
``All provisions under section 22402 through
22404 of title 49, United States Code,'';
and</DELETED>
<DELETED> (ii) in section 11610(b) (45
U.S.C. 821 note), by striking ``section 502(f)
of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 822(f)), as
amended by section 11607 of this Act'' and
inserting ``section 22402(f) of title 49,
United States Code''.</DELETED>
<DELETED> (C) Transportation equity act for the 21st
century.--Section 7203(b)(2) of the Transportation
Equity Act for the 21st Century (Public Law 105-178; 45
U.S.C. 821 note) is amended by striking ``title V of
the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 821 et seq.)'' and inserting
``chapter 224 of title 49, United States
Code,''.</DELETED>
<DELETED> (D) Hamm alert maritime safety act of
2018.--Section 212(d)(1) of Hamm Alert Maritime Safety
Act of 2018 (title II of Public Law 115-265; 45 U.S.C.
822 note) is amended, in the matter preceding
subparagraph (A), by striking ``for purposes of section
502(f)(4) of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 822(f)(4))'' and
inserting ``for purposes of section 22402 of title 49,
United States Code''.</DELETED>
<DELETED> (E) Milwaukee railroad restructuring
act.--Section 15(f) of the Milwaukee Railroad
Restructuring Act (45 U.S.C. 914(f)) is amended by
striking ``Section 516 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 836)'' and
inserting ``Section 22404 of title 49, United States
Code,''.</DELETED>
<DELETED> (F) Rock island railroad transition and
employee assistance act.--Section 104(b) of the Rock
Island Railroad Transition and Employee Assistance Act
(45 U.S.C. 1003(b)) is amended--</DELETED>
<DELETED> (i) in paragraph (1)--</DELETED>
<DELETED> (I) by striking ``title V
of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.)'' and inserting
``chapter 224 of title 49, United
States Code,''; and</DELETED>
<DELETED> (II) by striking ``and
section 18(b) of the Milwaukee Railroad
Restructuring Act''; and</DELETED>
<DELETED> (ii) in paragraph (2), by striking
``title V of the Railroad Revitalization and
Regulatory Reform Act of 1976, and section 516
of such Act (45 U.S.C. 836)'' and inserting
``chapter 224 of title 49, United States Code,
including section 22404 of such
title,''.</DELETED>
<DELETED> (G) Passenger rail investment and
improvement act of 2008.--Section 205(g) of the
Passenger Rail Investment and Improvement Act of 2008
(division B of Public Law 110-432; 49 U.S.C. 24101
note) is amended by striking ``title V of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.)'' and inserting ``chapter 224 of
title 49, United States Code''.</DELETED>
<DELETED> (H) Passenger rail reform and investment
act of 2015.--Section 11311(d) of the Passenger Rail
Reform and Investment Act of 2015 (Public Law 114-94;
49 U.S.C. 20101 note) is amended by striking ``, and
section 502 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C.
822)''.</DELETED>
<DELETED> (4) Title 49.--</DELETED>
<DELETED> (A) National surface transportation and
innovative finance bureau.--Section 116(d)(1)(B) of
title 49, United States Code, is amended by striking
``sections 501 through 503 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821-823)'' and inserting ``sections 22401
through 22403''.</DELETED>
<DELETED> (B) Prohibited discrimination.--Section
306(b) of title 49, United States Code, is amended--
</DELETED>
<DELETED> (i) by striking ``chapter 221 or
249 of this title,'' and inserting ``chapter
221, 224, or 249 of this title, or'';
and</DELETED>
<DELETED> (ii) by striking ``, or title V of
the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821 et
seq.)''.</DELETED>
<DELETED> (C) Grant conditions.--Section
22905(c)(2)(B) of title 49, United States Code, is
amended by striking ``section 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 836)'' and inserting ``section
22404''.</DELETED>
<DELETED> (D) Amtrak authority.--Section 24903 of
title 49, United States Code, is amended--</DELETED>
<DELETED> (i) in subsection (a)(6), by
striking ``and the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 801 et
seq.)'' and inserting ``, the Railroad
Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 801 et seq.), and chapter 224
of this title''; and</DELETED>
<DELETED> (ii) in subsection (c)(2), by
striking ``and the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 801 et
seq.)'' and inserting ``, the Railroad
Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 801 et seq.), and chapter 224
of this title''.</DELETED>
<DELETED>SEC. 1302. SUBSTANTIVE CRITERIA AND STANDARDS.</DELETED>
<DELETED> Not later than 180 days after the date of enactment of
this Act, the Secretary shall update the publicly available credit
program guide in accordance with the provisions of chapter 224 of title
49, United States Code, as added by section 1301.</DELETED>
<DELETED>SEC. 1303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED DEVELOPMENT
ELIGIBILITY.</DELETED>
<DELETED> Not later than 6 months after the date of enactment of
this Act, and every 6 months thereafter, the Secretary shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that identifies--</DELETED>
<DELETED> (1) the number of applications submitted to the
Department for a direct loan or loan guarantee under section
22402(b)(1)(E) of title 49, United States Code, as amended by
section 1301;</DELETED>
<DELETED> (2) the number of such loans or loan guarantees
that were provided to the applicants; and</DELETED>
<DELETED> (3) for each such application, the reasons for
providing or declining to provide the requested loan or loan
guarantee.</DELETED>
<DELETED>TITLE II--RAIL</DELETED>
<DELETED>SEC. 2001. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Passenger Rail Expansion
and Rail Safety Act of 2021''.</DELETED>
<DELETED>Subtitle A--Authorization of Appropriations</DELETED>
<DELETED>SEC. 2101. GRANTS TO AMTRAK.</DELETED>
<DELETED> (a) Northeast Corridor.--There are authorized to be
appropriated to the Secretary for grants to Amtrak for activities
associated with the Northeast Corridor the following amounts:</DELETED>
<DELETED> (1) For fiscal year 2022,
$1,570,000,000.</DELETED>
<DELETED> (2) For fiscal year 2023,
$1,100,000,000.</DELETED>
<DELETED> (3) For fiscal year 2024,
$1,200,000,000.</DELETED>
<DELETED> (4) For fiscal year 2025,
$1,300,000,000.</DELETED>
<DELETED> (5) For fiscal year 2026,
$1,400,000,000.</DELETED>
<DELETED> (b) National Network.--There are authorized to be
appropriated to the Secretary for grants to Amtrak for activities
associated with the National Network the following amounts:</DELETED>
<DELETED> (1) For fiscal year 2022,
$2,300,000,000.</DELETED>
<DELETED> (2) For fiscal year 2023,
$2,200,000,000.</DELETED>
<DELETED> (3) For fiscal year 2024,
$2,450,000,000.</DELETED>
<DELETED> (4) For fiscal year 2025,
$2,700,000,000.</DELETED>
<DELETED> (5) For fiscal year 2026,
$3,000,000,000.</DELETED>
<DELETED> (c) Oversight.--The Secretary may withhold up to 0.5
percent from the amount appropriated for each fiscal year pursuant to
subsections (a) and (b) for the costs of oversight of Amtrak.</DELETED>
<DELETED> (d) State-Supported Route Committee.--The Secretary may
withhold up to $3,000,000 from the amount appropriated for each fiscal
year pursuant to subsection (b) for use by the State-Supported Route
Committee established under section 24712(a) of title 49, United States
Code.</DELETED>
<DELETED> (e) Northeast Corridor Commission.--The Secretary may
withhold up to $6,000,000 from the amount appropriated for each fiscal
year pursuant to subsection (a) for use by the Northeast Corridor
Commission established under section 24905(a) of title 49, United
States Code.</DELETED>
<DELETED> (f) Interstate Rail Compacts.--The Secretary may withhold
up to $3,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (b) for grants authorized under section 22910 of
title 49, United States Code.</DELETED>
<DELETED> (g) Accessibility Upgrades.--</DELETED>
<DELETED> (1) In general.--The Secretary shall withhold
$50,000,000 from the amount appropriated for each fiscal year
pursuant to subsections (a) and (b) for grants to assist Amtrak
in financing capital projects to upgrade the accessibility of
the national rail passenger transportation system by increasing
the number of existing facilities that are compliant with the
requirements under the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) until the Secretary determines
Amtrak's existing facilities are in compliance with such
requirements.</DELETED>
<DELETED> (2) Savings provision.--Nothing in paragraph (1)
may be construed to prevent Amtrak from using additional funds
appropriated pursuant to this section to carry out the
activities authorized under such paragraph.</DELETED>
<DELETED> (h) Corridor Development.--In addition to the activities
authorized under subsection (b), Amtrak may use up to 10 percent of the
amounts appropriated under subsection (b) in each fiscal year to
support Amtrak-operated corridors selected under section 2306 for--
</DELETED>
<DELETED> (1) planning and capital costs; and</DELETED>
<DELETED> (2) operating assistance consistent with the
Federal funding limitations under section 22908 of title 49,
United States Code.</DELETED>
<DELETED>SEC. 2102. FEDERAL RAILROAD ADMINISTRATION.</DELETED>
<DELETED> (a) Safety and Operations.--There are authorized to be
appropriated to the Secretary for the operations of the Federal
Railroad Administration and to carry out railroad safety activities the
following amounts:</DELETED>
<DELETED> (1) For fiscal year 2022, $248,000,000.</DELETED>
<DELETED> (2) For fiscal year 2023, $254,000,000.</DELETED>
<DELETED> (3) For fiscal year 2024, $263,000,000.</DELETED>
<DELETED> (4) For fiscal year 2025, $271,000,000.</DELETED>
<DELETED> (5) For fiscal year 2026, $279,000,000.</DELETED>
<DELETED> (b) Railroad Research and Development.--There are
authorized to be appropriated to the Secretary for the use of the
Federal Railroad Administration for activities associated with railroad
research and development the following amounts:</DELETED>
<DELETED> (1) For fiscal year 2022, $43,000,000.</DELETED>
<DELETED> (2) For fiscal year 2023, $44,000,000.</DELETED>
<DELETED> (3) For fiscal year 2024, $45,000,000.</DELETED>
<DELETED> (4) For fiscal year 2025, $46,000,000.</DELETED>
<DELETED> (5) For fiscal year 2026, $47,000,000.</DELETED>
<DELETED> (c) Transportation Technology Center.--The Secretary may
withhold up to $3,000,000 from the amount appropriated for each fiscal
year pursuant to subsection (b) for activities authorized under section
20108(d) of title 49, United States Code.</DELETED>
<DELETED> (d) Rail Research and Development Center of Excellence.--
The Secretary may withhold up to 10 percent of the amount appropriated
for each fiscal year under subsection (b) for grants authorized under
section 20108(j) of title 49, United States Code.</DELETED>
<DELETED>SEC. 2103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS GRANTS.</DELETED>
<DELETED> (a) In General.--There is authorized to be appropriated to
the Secretary for grants under section 22907 of title 49, United States
Code, $1,000,000,000 for each of fiscal years 2022 through
2026.</DELETED>
<DELETED> (b) Oversight.--The Secretary may withhold up to 2 percent
from the amount appropriated for each fiscal year pursuant to
subsection (a) for the costs of project management oversight of grants
authorized under title 49, United States Code.</DELETED>
<DELETED>SEC. 2104. RAILROAD CROSSING ELIMINATION PROGRAM.</DELETED>
<DELETED> (a) In General.--There is authorized to be appropriated to
the Secretary for grants under section 22909 of title 49, United States
Code, as added by section 2305, $500,000,000 for each of fiscal years
2022 through 2026.</DELETED>
<DELETED> (b) Planning Projects.--Not less than 3 percent of the
amount appropriated in each fiscal year pursuant to subsection (a) year
shall be used for planning projects described in section 22909(d)(6) of
title 49, United States Code.</DELETED>
<DELETED> (c) Highway-Rail Grade Crossing Safety Information and
Education Program.--Of the amount appropriated under subsection (a) in
each fiscal year, 0.25 percent shall be used for contracts or grants to
carry out a highway-rail grade crossing safety information and
education program--</DELETED>
<DELETED> (1) to help prevent and reduce pedestrian, motor
vehicle, and other accidents, incidents, injuries, and
fatalities; and</DELETED>
<DELETED> (2) to improve awareness along railroad rights-of-
way and at highway-rail grade crossings.</DELETED>
<DELETED> (d) Oversight.--The Secretary may withhold up to 2 percent
from the amount appropriated for each fiscal year pursuant to
subsection (a) for the costs of project management oversight of grants
authorized under title 49, United States Code.</DELETED>
<DELETED>SEC. 2105. RESTORATION AND ENHANCEMENT GRANTS.</DELETED>
<DELETED> (a) In General.--There is authorized to be appropriated to
the Secretary for grants under section 22908 of title 49, United States
Code, $50,000,000 for each of fiscal years 2022 through 2026.</DELETED>
<DELETED> (b) Oversight.--The Secretary may withhold up to 1 percent
of the amount appropriated for each fiscal year pursuant to subsection
(a) for the costs of project management oversight of grants authorized
under section 22908 of title 49, United States Code.</DELETED>
<DELETED>SEC. 2106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER
RAIL GRANTS.</DELETED>
<DELETED> (a) In General.--There is authorized to be appropriated to
the Secretary for grants under section 24911 of title 49, United States
Code, $1,500,000,000 for each of fiscal years 2022 through
2026.</DELETED>
<DELETED> (b) Oversight.--The Secretary may withhold up to 2 percent
of the amount appropriated under subsection (a) for the costs of
project management oversight of grants authorized under title 49,
United States Code.</DELETED>
<DELETED>SEC. 2107. AMTRAK OFFICE OF INSPECTOR GENERAL.</DELETED>
<DELETED> There are authorized to be appropriated to the Office of
Inspector General of Amtrak the following amounts:</DELETED>
<DELETED> (1) For fiscal year 2022, $26,500,000.</DELETED>
<DELETED> (2) For fiscal year 2023, $27,000,000.</DELETED>
<DELETED> (3) For fiscal year 2024, $27,500,000.</DELETED>
<DELETED> (4) For fiscal year 2025, $28,000,000.</DELETED>
<DELETED> (5) For fiscal year 2026, $28,500,000.</DELETED>
<DELETED>Subtitle B--Amtrak Reforms</DELETED>
<DELETED>SEC. 2201. AMTRAK FINDINGS, MISSION, AND GOALS.</DELETED>
<DELETED> (a) Findings.--Section 24101(a) of title 49, United States
Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``between
crowded urban areas and in other areas of'' and inserting
``throughout'';</DELETED>
<DELETED> (2) in paragraph (4), 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'';</DELETED>
<DELETED> (3) in paragraph (5)--</DELETED>
<DELETED> (A) by inserting ``intercity passenger
and'' before ``commuter''; and</DELETED>
<DELETED> (B) by inserting ``and rural'' after
``major urban;'' and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(9) Long-distance routes are valuable resources of the
United States that are used by rural and urban
communities.''.</DELETED>
<DELETED> (b) Goals.--Section 24101(c) of title 49, United States
Code, is amended--</DELETED>
<DELETED> (1) by amending paragraph (1) to read as
follows:</DELETED>
<DELETED> ``(1) use its best business judgment in acting to
maximize the benefits of Federal investments, including--
</DELETED>
<DELETED> ``(A) offering competitive
fares;</DELETED>
<DELETED> ``(B) increasing revenue from the
transportation of mail and express;</DELETED>
<DELETED> ``(C) offering food service that meets the
needs of its customers;</DELETED>
<DELETED> ``(D) improving its contracts with rail
carriers over whose tracks Amtrak operates;</DELETED>
<DELETED> ``(E) controlling or reducing management
and operating costs; and</DELETED>
<DELETED> ``(F) providing economic benefits to the
communities it serves;'';</DELETED>
<DELETED> (2) in paragraph (11), by striking ``and'' at the
end;</DELETED>
<DELETED> (3) in paragraph (12), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(13) support and maintain established long-
distance routes to provide value to the Nation by serving
customers throughout the United States and connecting urban and
rural communities.''.</DELETED>
<DELETED> (c) Increasing Revenues.--Section 24101(d) of title 49,
United States Code, is amended to read as follows:</DELETED>
<DELETED> ``(d) Increasing Revenues.--Amtrak is encouraged to make
agreements with private sector entities and to undertake initiatives
that are consistent with good business judgment and designed to
generate additional revenues to advance the goals described in
subsection (c).''.</DELETED>
<DELETED>SEC. 2202. COMPOSITION OF AMTRAK'S BOARD OF
DIRECTORS.</DELETED>
<DELETED> (a) Selection; Composition; Chair.--Section 24302(a) of
title 49, United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking
``President'' and inserting ``Chief Executive
Officer''; and</DELETED>
<DELETED> (B) in subparagraph (C), by striking ``or
a'' and inserting ``(including individuals with
disabilities) or of a'';</DELETED>
<DELETED> (2) in paragraph (2), by striking ``and try to
provide adequate and balanced representation of the major
geographic regions of the United States served by
Amtrak'';</DELETED>
<DELETED> (3) by redesignating paragraph (5) as paragraph
(7); and</DELETED>
<DELETED> (4) by striking paragraph (4) and inserting the
following:</DELETED>
<DELETED> ``(4) Of the individuals appointed pursuant to
paragraph (1)(C)--</DELETED>
<DELETED> ``(A) 2 individuals shall reside in or
near a location served by a regularly scheduled Amtrak
service along the Northeast Corridor;</DELETED>
<DELETED> ``(B) 4 individuals shall reside in or
near regions of the United States that are
geographically distributed outside of the Northeast
Corridor, of whom--</DELETED>
<DELETED> ``(i) 2 individuals shall reside
in States served by a long-distance route
operated by Amtrak;</DELETED>
<DELETED> ``(ii) 2 individuals shall reside
in States served by State-supported routes
operated by Amtrak; and</DELETED>
<DELETED> ``(iii) an individual who resides
in a State that is served by a State-supported
route and a long-distance route may be
appointed to serve either position referred to
in clauses (i) and (ii);</DELETED>
<DELETED> ``(C) 2 individuals shall reside either--
</DELETED>
<DELETED> ``(i) in or near a location served
by a regularly scheduled Amtrak service on the
Northeast Corridor; or</DELETED>
<DELETED> ``(ii) in a State served by long-
distance or State-supported routes;
and</DELETED>
<DELETED> ``(D) each individual appointed to the
Board pursuant to this paragraph may only fill 1 of the
allocations set forth in subparagraphs (A) through
(C).</DELETED>
<DELETED> ``(5) The Board shall elect a chairperson and vice
chairperson, other than the Chief Executive Officer of Amtrak,
from among its membership. The vice chairperson shall act as
chairperson in the absence of the chairperson.</DELETED>
<DELETED> ``(6) The Board shall meet at least annually
with--</DELETED>
<DELETED> ``(A) representatives of Amtrak
employees;</DELETED>
<DELETED> ``(B) representatives of persons with
disabilities; and</DELETED>
<DELETED> ``(C) the general public, in an open
meeting with a virtual attendance option, to discuss
financial performance and service results.''.</DELETED>
<DELETED> (b) Rule of Construction.--None of the amendments made by
subsection (a) may be construed as affecting the term of any director
serving on the Amtrak Board of Directors under section 24302(a)(1)(C)
of title 49, United States Code, as of the date of enactment of this
Act.</DELETED>
<DELETED>SEC. 2203. STATION AGENTS.</DELETED>
<DELETED> Section 24312 of title 49, United States Code, is amended
by adding at the end the following:</DELETED>
<DELETED> ``(c) Availability of Station Agents.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), beginning on the date that is 1 year after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act
of 2021, Amtrak shall ensure that at least 1 Amtrak ticket
agent is employed at each station building--</DELETED>
<DELETED> ``(A) that Amtrak owns, or operates
service through, as part of a long-distance or
Northeast Corridor passenger service route;</DELETED>
<DELETED> ``(B) where at least 1 Amtrak ticket agent
was employed on or after October 1, 2017; and</DELETED>
<DELETED> ``(C) for which an average of 40
passengers boarded or deboarded an Amtrak vehicle per
day during all of the days in fiscal year 2017 when the
station was serviced by Amtrak, regardless of the
number of Amtrak vehicles servicing the station per
day.</DELETED>
<DELETED> ``(2) Exception.--Paragraph (1) shall not apply to
any station building in which a commuter rail ticket agent has
the authority to sell Amtrak tickets.''.</DELETED>
<DELETED>SEC. 2204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONG-
DISTANCE ROUTES AND OTHER INTERCITY SERVICES.</DELETED>
<DELETED> (a) Amtrak Annual Operations Report.--Section 24315(a)(1)
of title 49, United States Code, is amended--</DELETED>
<DELETED> (1) in subparagraph (G), by striking ``and'' at
the end;</DELETED>
<DELETED> (2) in subparagraph (H), by adding ``and'' at the
end; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(I) any change made to a route's or
service's frequency or station stops;''.</DELETED>
<DELETED> (b) 5-Year Business Line Plans.--Section 24320(b)(2) of
title 49, United States Code, is amended--</DELETED>
<DELETED> (1) by redesignating subparagraphs (B) through (L)
as subparagraphs (C) through (M), respectively; and</DELETED>
<DELETED> (2) by inserting after subparagraph (A) the
following:</DELETED>
<DELETED> ``(B) a detailed description of any plans
to permanently change a route's or service's frequency
or station stops for the service line;''.</DELETED>
<DELETED>SEC. 2205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING.</DELETED>
<DELETED> Section 24317 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (a)(2), by striking ``and costs
among Amtrak business lines'' and inserting ``, including
Federal grant funds, and costs among Amtrak service
lines'';</DELETED>
<DELETED> (2) by amending subsection (b) to read as
follows:</DELETED>
<DELETED> ``(b) Account Structure.--</DELETED>
<DELETED> ``(1) In general.--The Secretary of
Transportation, in consultation with Amtrak, shall define,
maintain, and periodically update an account structure and
improvements to accounting methodologies, as necessary, to
support the Northeast Corridor and the National
Network.</DELETED>
<DELETED> ``(2) Notification of substantive changes.--The
Secretary shall notify the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Appropriations
of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
regarding any substantive changes made to the account
structure, including changes to--</DELETED>
<DELETED> ``(A) the service lines described in
section 24320(b)(1); and</DELETED>
<DELETED> ``(B) the asset lines described in section
24320(c)(1).'';</DELETED>
<DELETED> (3) in subsection (c), in the matter preceding
paragraph (1), by inserting ``, maintaining, and updating''
after ``defining'';</DELETED>
<DELETED> (4) in subsection (d), in the matter preceding
paragraph (1), by inserting ``, maintaining, and updating''
after ``defining'';</DELETED>
<DELETED> (5) by amending subsection (e) to read as
follows:</DELETED>
<DELETED> ``(e) Implementation and Reporting.--</DELETED>
<DELETED> ``(1) In general.--Amtrak, in consultation with
the Secretary of Transportation, shall maintain and implement
any account structures and improvements defined under
subsection (b) to enable Amtrak to produce sources and uses
statements for each of the service lines described in section
24320(b)(1) and, as appropriate, each of the asset lines
described in section 24320(c)(1), that identify sources and
uses of revenues, appropriations, and transfers between
accounts.</DELETED>
<DELETED> ``(2) Updated sources and uses statements.--Not
later than 30 days after the implementation of subsection (b),
and monthly thereafter, Amtrak shall submit to the Secretary of
Transportation updated sources and uses statements for each of
the service lines and asset lines referred to in paragraph (1).
The Secretary and Amtrak may agree to a different frequency of
reporting.'';</DELETED>
<DELETED> (6) by striking subsection (h); and</DELETED>
<DELETED> (7) by redesignating subsection (i) as subsection
(h).</DELETED>
<DELETED>SEC. 2206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.</DELETED>
<DELETED> (a) Allocation of Costs and Revenues.--Section 24318(a) of
title 49, United States Code, is amended by striking ``Not later than
180 days after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015,''.</DELETED>
<DELETED> (b) Grant Process and Reporting.--Section 24319 of title
49, United States Code, is amended--</DELETED>
<DELETED> (1) in the section heading, by inserting ``and
reporting'' after ``process'';</DELETED>
<DELETED> (2) by amending subsection (a) to read as
follows:</DELETED>
<DELETED> ``(a) Procedures for Grant Requests.--The Secretary of
Transportation shall--</DELETED>
<DELETED> ``(1) establish and maintain substantive and
procedural requirements, including schedules, for grant
requests under this section; and</DELETED>
<DELETED> ``(2) report any changes to such procedures to--
</DELETED>
<DELETED> ``(A) the Committee on Commerce, Science,
and Transportation of the Senate;</DELETED>
<DELETED> ``(B) the Committee on Appropriations of
the Senate;</DELETED>
<DELETED> ``(C) the Committee on Transportation and
Infrastructure of the House of Representatives;
and</DELETED>
<DELETED> ``(D) the Committee on Appropriations of
the House of Representatives.'';</DELETED>
<DELETED> (3) by amending subsection (c) to read as
follows:</DELETED>
<DELETED> ``(c) Contents.--</DELETED>
<DELETED> ``(1) In general.--Each grant request under
subsection (b) shall, as applicable--</DELETED>
<DELETED> ``(A) categorize and identify, by source,
the Federal funds and program income that will be used
for the upcoming fiscal year for each of the Northeast
Corridor and National Network in 1 of the categories or
subcategories set forth in paragraph (2);</DELETED>
<DELETED> ``(B) describe the operations, services,
programs, projects, and other activities to be funded
within each of the categories set forth in paragraph
(2), including--</DELETED>
<DELETED> ``(i) the estimated scope,
schedule, and budget necessary to complete each
project and program; and</DELETED>
<DELETED> ``(ii) the performance measures
used to quantify expected and actual project
outcomes and benefits, aggregated by fiscal
year, project milestone, and any other
appropriate grouping; and</DELETED>
<DELETED> ``(C) describe the status of efforts to
improve Amtrak's safety culture.</DELETED>
<DELETED> ``(2) Grant categories.--</DELETED>
<DELETED> ``(A) Operating expenses.--Each grant
request to use Federal funds for operating expenses
shall--</DELETED>
<DELETED> ``(i) include estimated net
operating costs not covered by other Amtrak
revenue sources;</DELETED>
<DELETED> ``(ii) specify Federal funding
requested for each service line described in
section 24320(b)(1); and</DELETED>
<DELETED> ``(iii) be itemized by
route.</DELETED>
<DELETED> ``(B) Debt service.--A grant request to
use Federal funds for expenses related to debt,
including payment of principle and interest, as allowed
under section 205 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432; 49 U.S.C.
24101 note).</DELETED>
<DELETED> ``(C) Capital.--A grant request to use
Federal funds and program income for capital expenses
shall include capital projects and programs primarily
associated with--</DELETED>
<DELETED> ``(i) normalized capital
replacement programs, including regularly
recurring work programs implemented on a
systematic basis on classes of physical
railroad assets, such as track, structures,
electric traction and power systems, rolling
stock, and communications and signal systems,
to maintain and sustain the condition and
performance of such assets to support continued
railroad operations;</DELETED>
<DELETED> ``(ii) improvement projects to
support service and safety enhancements,
including discrete projects implemented in
accordance with a fixed scope, schedule, and
budget that result in enhanced or new
infrastructure, equipment, or
facilities;</DELETED>
<DELETED> ``(iii) backlog capital
replacement projects, including discrete
projects implemented in accordance with a fixed
scope, schedule, and budget that primarily
replace or rehabilitate major infrastructure
assets, including tunnels, bridges, stations,
and similar assets, to reduce the state of good
repair backlog on the Amtrak network;</DELETED>
<DELETED> ``(iv) strategic initiative
projects, including discrete projects
implemented in accordance with a fixed scope,
schedule, and budget that primarily improve
overall operational performance, lower costs,
or otherwise improve Amtrak's corporate
efficiency; and</DELETED>
<DELETED> ``(v) statutory, regulatory, or
other legally mandated projects, including
discrete projects implemented in accordance
with a fixed scope, schedule, and budget that
enable Amtrak to fulfill specific legal or
regulatory mandates.</DELETED>
<DELETED> ``(D) Contingency.--A grant request to use
Federal funds for operating and capital expense
contingency shall include--</DELETED>
<DELETED> ``(i) contingency levels for
specified activities and operations;
and</DELETED>
<DELETED> ``(ii) a process for the
utilization of such contingency.</DELETED>
<DELETED> ``(3) Modification of categories.--The Secretary
of Transportation and Amtrak may jointly agree to modify the
categories set forth in paragraph (2) if such modifications are
necessary to improve the transparency, oversight, or delivery
of projects funded through grant requests under this
section.'';</DELETED>
<DELETED> (4) in subsection (d)(1)(A)--</DELETED>
<DELETED> (A) by inserting ``complete'' after
``submits a'';</DELETED>
<DELETED> (B) by striking ``shall complete'' and
inserting ``shall finish''; and</DELETED>
<DELETED> (C) in clause (ii), by striking
``incomplete or'';</DELETED>
<DELETED> (5) in subsection (e)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``and other
activities to be funded by the grant'' and
inserting ``programs, projects, and other
activities to be funded by the grant,
consistent with the categories required for
Amtrak in a grant request under subsection
(c)(1)(A)''; and</DELETED>
<DELETED> (ii) by striking ``or activities''
and inserting ``programs, projects, and other
activities''; and</DELETED>
<DELETED> (B) in paragraph (3)--</DELETED>
<DELETED> (i) by redesignating subparagraphs
(A) and (B) as subparagraphs (B) and (C),
respectively; and</DELETED>
<DELETED> (ii) by inserting before
subparagraph (B), as redesignated, the
following:</DELETED>
<DELETED> ``(A) using an otherwise allowable
approach to the method prescribed for a specific
project or category of projects under paragraph (2) if
the Secretary and Amtrak agree that a different payment
method is necessary to more successfully implement and
report on an operation, service, program, project, or
other activity;'';</DELETED>
<DELETED> (6) by redesignating subsection (h) as subsection
(j); and</DELETED>
<DELETED> (7) by inserting after subsection (g) the
following:</DELETED>
<DELETED> ``(h) Applicable Laws and Regulations.--</DELETED>
<DELETED> ``(1) Single audit act of 1984.--Notwithstanding
section 24301(a)(3) of this title and section 7501(a)(13) of
title 31, Amtrak shall be deemed a `non-Federal entity' for
purposes of chapter 75 of title 31.</DELETED>
<DELETED> ``(2) Regulations and guidance.--The Secretary of
Transportation may apply some or all of the requirements set
forth in the regulations and guidance promulgated by the
Secretary relating to the management, administration, cost
principles, and audit requirements for Federal
awards.</DELETED>
<DELETED> ``(i) Amtrak Grant Reporting.--The Secretary of
Transportation shall determine the varying levels of detail and
information that will be included in reports for operations, services,
program, projects, program income, cash on hand, and other activities
within each of the grant categories described in subsection
(c)(2).''.</DELETED>
<DELETED> (c) Conforming Amendments.--</DELETED>
<DELETED> (1) Reports and audits.--Section 24315(b)(1) of
title 49, United States Code, is amended--</DELETED>
<DELETED> (A) in subparagraph (A), by striking ``the
goal of section 24902(b) of this title; and'' and
inserting ``the goal described in section
24902(a);'';</DELETED>
<DELETED> (B) in subparagraph (B), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(C) shall incorporate the categories
described in section 24319(c)(2).''.</DELETED>
<DELETED> (2) Clerical amendment.--The analysis for chapter
243 of title 49, United States Code, is amended by striking the
item relating to section 24319 and inserting the
following:</DELETED>
<DELETED>``24319. Grant process and reporting.''.
<DELETED>SEC. 2207. INCREASING SERVICE LINE AND ASSET LINE PLAN
TRANSPARENCY.</DELETED>
<DELETED> (a) In General.--Section 24320 of title 49, United States
Code, is amended--</DELETED>
<DELETED> (1) in the section heading, by striking ``business
line and asset plans'' and inserting ``service line and asset
line plans'';</DELETED>
<DELETED> (2) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``of each year''
and inserting ``, 2020, and biennially
thereafter'';</DELETED>
<DELETED> (ii) by striking ``5-year business
line plans and 5-year asset plans'' and
inserting ``5-year service line plans and 5-
year asset line plans''; and</DELETED>
<DELETED> (iii) by adding at the end the
following: ``During each year in which Amtrak
is not required to submit a plan under this
paragraph, Amtrak shall submit to Congress
updated financial sources and uses statements
and forecasts with the annual report required
under section 24315(b).''; and</DELETED>
<DELETED> (B) in paragraph (2), by striking ``asset
plan required in'' and inserting ``asset line plan
required under'';</DELETED>
<DELETED> (3) in subsection (b)--</DELETED>
<DELETED> (A) in the subsection heading, by striking
``Business'' and inserting ``Service'';</DELETED>
<DELETED> (B) in paragraph (1)--</DELETED>
<DELETED> (i) in the paragraph heading, by
striking ``business'' and inserting
``service'';</DELETED>
<DELETED> (ii) by striking ``business'' each
place such term appears and inserting
``service'';</DELETED>
<DELETED> (iii) by amending subparagraph (B)
to read as follows:</DELETED>
<DELETED> ``(B) Amtrak State-supported train
services.'';</DELETED>
<DELETED> (iv) in subparagraph (C), by
striking ``routes'' and inserting ``train
services''; and</DELETED>
<DELETED> (v) by adding at the end the
following:</DELETED>
<DELETED> ``(E) Infrastructure access services for
use of Amtrak-owned or Amtrak-controlled infrastructure
and facilities.'';</DELETED>
<DELETED> (C) in paragraph (2)--</DELETED>
<DELETED> (i) in the paragraph heading, by
striking ``business'' and inserting
``service'';</DELETED>
<DELETED> (ii) by striking ``business'' each
place such term appears and inserting
``service'';</DELETED>
<DELETED> (iii) in subparagraph (A), by
striking ``Strategic Plan and 5-year asset
plans'' and inserting ``5-year asset line
plans'';</DELETED>
<DELETED> (iv) in subparagraph (F) (as
redesignated by section 2204(b)(1)), by
striking ``profit and loss'' and inserting
``sources and uses'';</DELETED>
<DELETED> (v) by striking subparagraph (G)
(as redesignated by section
2204(b)(1));</DELETED>
<DELETED> (vi) by redesignating
subparagraphs (H) through (M) (as redesignated
by section 2204(b)(1)) as subparagraphs (G)
through (L), respectively; and</DELETED>
<DELETED> (vii) by amending subparagraph (I)
(as so redesignated) to read as
follows:</DELETED>
<DELETED> ``(I) financial performance for each
route, if deemed applicable by the Secretary, within
each service line, including descriptions of the cash
operating loss or contribution;'';</DELETED>
<DELETED> (D) in paragraph (3)--</DELETED>
<DELETED> (i) in the paragraph heading, by
striking ``business'' and inserting
``service'';</DELETED>
<DELETED> (ii) by striking ``business'' each
place such term appears and inserting
``service'';</DELETED>
<DELETED> (iii) by redesignating
subparagraphs (A), (B), (C), and (D) as clauses
(i), (ii), (iii), and (iv), respectively, and
moving such clauses 2 ems to the
right;</DELETED>
<DELETED> (iv) by inserting before clause
(i), as redesignated, the following:</DELETED>
<DELETED> ``(A) not later than 180 days after the
date of enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021, submit to the Secretary, for
approval, a consultation process for the development of
each service line plan that requires Amtrak to--
'';</DELETED>
<DELETED> (v) in subparagraph (A), as
amended by clause (iv)--</DELETED>
<DELETED> (I) in clause (iii), as
redesignated, by inserting ``and submit
the final service line plan required
under subsection (a)(1) to the State-
Supported Route Committee'' before the
semicolon at the end;</DELETED>
<DELETED> (II) in clause (iv), as
redesignated, by inserting ``and''
after the semicolon at the end;
and</DELETED>
<DELETED> (III) by adding at the end
the following:</DELETED>
<DELETED> ``(v) for the infrastructure
access service line plan, consult with the
Northeast Corridor Commission and other
entities, as appropriate, and submit the final
asset line plan under subsection (a)(1) to the
Northeast Corridor Commission;''; and</DELETED>
<DELETED> (vi) by redesignating
subparagraphs (E) and (F) as subparagraphs (B)
and (C), respectively;</DELETED>
<DELETED> (E) by redesignating paragraph (4) as
paragraph (5); and</DELETED>
<DELETED> (F) by inserting after paragraph (3)(C),
as redesignated, the following:</DELETED>
<DELETED> ``(4) 5-year service line plans updates.--Amtrak
may modify the service line plans described in paragraph (1),
upon the approval of the Secretary, if the Secretary determines
that such modifications are necessary to improve the
transparency, oversight, and delivery of Amtrak services and
the use of Federal funds by Amtrak.''; and</DELETED>
<DELETED> (4) in subsection (c)--</DELETED>
<DELETED> (A) in the subsection heading, by
inserting ``Line'' after ``Asset'';</DELETED>
<DELETED> (B) in paragraph (1)--</DELETED>
<DELETED> (i) in the paragraph heading, by
striking ``categories'' and inserting
``lines'';</DELETED>
<DELETED> (ii) in the matter preceding
subparagraph (A), by striking ``asset plan for
each of the following asset categories'' and
inserting ``asset line plan for each of the
following asset lines'';</DELETED>
<DELETED> (iii) by redesignating
subparagraphs (A), (B), (C), and (D) as
subparagraphs (B), (C), (D), and (E),
respectively;</DELETED>
<DELETED> (iv) by inserting before
subparagraph (B), as redesignated, the
following:</DELETED>
<DELETED> ``(A) Transportation, including activities
and resources associated with the operation and
movement of Amtrak trains, onboard services, and
amenities.'';</DELETED>
<DELETED> (v) in subparagraph (B), as
redesignated, by inserting ``and maintenance-
of-way equipment'' after ``facilities'';
and</DELETED>
<DELETED> (vi) in subparagraph (C), as
redesignated, by striking ``Passenger rail
equipment'' and inserting
``Equipment'';</DELETED>
<DELETED> (C) in paragraph (2)--</DELETED>
<DELETED> (i) in the paragraph heading, by
inserting ``line'' after ``asset'';</DELETED>
<DELETED> (ii) in the matter preceding
subparagraph (A), by inserting ``line'' after
``asset'';</DELETED>
<DELETED> (iii) in subparagraph (A), by
striking ``category'' and inserting
``line'';</DELETED>
<DELETED> (iv) in subparagraph
(C)(iii)(III), by striking ``and'' at the
end;</DELETED>
<DELETED> (v) by amending subparagraph (D)
to read as follows:</DELETED>
<DELETED> ``(D) annual sources and uses statements
and forecasts for each asset line; and''; and</DELETED>
<DELETED> (vi) by adding at the end the
following:</DELETED>
<DELETED> ``(E) other elements that Amtrak elects to
include.'';</DELETED>
<DELETED> (D) in paragraph (3)--</DELETED>
<DELETED> (i) in the paragraph heading, by
inserting ``line'' after ``asset'';</DELETED>
<DELETED> (ii) by redesignating
subparagraphs (A) and (B) as clauses (i) and
(ii) and moving such clauses 2 ems to the
right;</DELETED>
<DELETED> (iii) by inserting before clause
(i), as redesignated, the following:</DELETED>
<DELETED> ``(A) not later than 180 days after the
date of enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021, submit to the Secretary, for
approval, a consultation process for the development of
each asset line plan that requires Amtrak to--
'';</DELETED>
<DELETED> (iv) in subparagraph (A), as added
by clause (iii)--</DELETED>
<DELETED> (I) in clause (i), as
redesignated--</DELETED>
<DELETED> (aa) by striking
``business'' each place such
term appears and inserting
``service'';</DELETED>
<DELETED> (bb) by inserting
``line'' after ``asset'' each
place such term appears;
and</DELETED>
<DELETED> (cc) by adding
``and'' at the end;
and</DELETED>
<DELETED> (II) in clause (ii), as
redesignated--</DELETED>
<DELETED> (aa) by inserting
``consult with the Secretary of
Transportation in the
development of asset line plans
and,'' before ``as
applicable''; and</DELETED>
<DELETED> (bb) by inserting
``line'' after ``5-year
asset'';</DELETED>
<DELETED> (v) by redesignating subparagraph
(C) as subparagraph (B); and</DELETED>
<DELETED> (vi) in subparagraph (B), as
redesignated, by striking ``category'' and
inserting ``line'';</DELETED>
<DELETED> (E) by redesignating paragraphs (4), (5),
(6), and (7) as paragraphs (5), (6), (7), and (8),
respectively;</DELETED>
<DELETED> (F) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) 5-year asset line plan updates.--Amtrak may
modify the asset line plans described in paragraph (1) if the
Secretary determines that such modifications are necessary to
improve the transparency, oversight, and delivery of Amtrak
services and the use of Federal funds by Amtrak.'';</DELETED>
<DELETED> (G) in paragraph (5)(A), as redesignated,
by inserting ``, but shall not include corporate
services (as defined pursuant to section 24317(b))''
after ``national assets''; and</DELETED>
<DELETED> (H) in paragraph (7), as redesignated, by
striking ``paragraph (4)'' and inserting ``paragraph
(5)''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 243 of
title 49, United States Code, is amended by striking the item relating
to section 24320 and inserting the following:</DELETED>
<DELETED>``24320. Amtrak 5-year service line and asset line plans.''.
<DELETED> (c) Effective Dates.--Section 11203(b) of the Passenger
Rail Reform and Investment Act of 2015 (49 U.S.C. 24320 note) is
amended--</DELETED>
<DELETED> (1) by striking ``business'' each place such term
appears and inserting ``service''; and</DELETED>
<DELETED> (2) by inserting ``line'' after ``asset'' each
place such term appears.</DELETED>
<DELETED>SEC. 2208. PASSENGER EXPERIENCE ENHANCEMENT.</DELETED>
<DELETED> (a) In General.--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''.</DELETED>
<DELETED> (b) Food and Beverage Service Working Group.--</DELETED>
<DELETED> (1) In general.--Section 24321 of title 49, United
States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 24321. Food and beverage service</DELETED>
<DELETED> ``(a) Working Group.--</DELETED>
<DELETED> ``(1) Establishment.--Not later than 180 days
after enactment of the Passenger Rail Expansion and Rail Safety
Act of 2021, Amtrak shall establish a working group to provide
recommendations to improve Amtrak's onboard food and beverage
service.</DELETED>
<DELETED> ``(2) Membership.--The working group shall consist
of individuals representing--</DELETED>
<DELETED> ``(A) Amtrak;</DELETED>
<DELETED> ``(B) the labor organizations representing
Amtrak employees who prepare or provide on-board food
and beverage service;</DELETED>
<DELETED> ``(C) nonprofit organizations representing
Amtrak passengers; and</DELETED>
<DELETED> ``(D) States that are providing funding
for State-supported routes.</DELETED>
<DELETED> ``(b) Report.--Not later than 1 year after the
establishment of the working group pursuant to subsection (a), the
working group shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
containing recommendations for improving Amtrak's food and beverage
service, including--</DELETED>
<DELETED> ``(1) ways to improve the financial performance of
Amtrak;</DELETED>
<DELETED> ``(2) ways to increase and retain
ridership;</DELETED>
<DELETED> ``(3) the differing needs of passengers traveling
on long-distance routes, State supported routes, and the
Northeast Corridor;</DELETED>
<DELETED> ``(4) Amtrak passenger survey data about the food
and beverages offered on Amtrak trains;</DELETED>
<DELETED> ``(5) ways to incorporate local food and beverage
items on State-supported routes; and</DELETED>
<DELETED> ``(6) any other issue that the working group
determines to be appropriate.</DELETED>
<DELETED> ``(c) Implementation.--Not later than 180 days after the
submission of the report pursuant to subsection (b), Amtrak shall
submit a plan for implementing the recommendations of the working
group, and an explanation for any of the working group's
recommendations it does not agree with and does not plan on
implementing to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives.</DELETED>
<DELETED> ``(d) Savings Clause.--Amtrak shall ensure that no Amtrak
employee who held a position on a long distance or Northeast Corridor
route as of the date of enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021, is involuntarily separated because of the
development and implementation of the plan required under this
section.''.</DELETED>
<DELETED> (2) Clerical amendment.--The analysis for chapter
243 of title 49, United States Code, is amended by striking the
item relating to section 24321 and inserting the
following:</DELETED>
<DELETED>``24321. Food and beverage service.''.
<DELETED>SEC. 2209. AMTRAK SMOKING POLICY.</DELETED>
<DELETED> (a) In General.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 24323. Prohibition on smoking on Amtrak
trains</DELETED>
<DELETED> ``(a) Prohibition.--Beginning on the date of enactment of
this section, Amtrak shall prohibit smoking, including the use of
electronic cigarettes, onboard all Amtrak trains.</DELETED>
<DELETED> ``(b) 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.''.</DELETED>
<DELETED> (b) Conforming Amendment.--The analysis for chapter 243 of
title 49, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``24323. Prohibition on smoking on Amtrak trains.''.
<DELETED>SEC. 2210. PROTECTING AMTRAK ROUTES THROUGH RURAL
COMMUNITIES.</DELETED>
<DELETED> Section 24706 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``subsection
(b) of this section, at least 180 days'' and inserting
``subsection (c), not later than 180 days'';</DELETED>
<DELETED> (2) by redesignating subsections (b) and (c) as
subsections (c) and (e), respectively;</DELETED>
<DELETED> (3) by inserting after subsection (a) the
following:</DELETED>
<DELETED> ``(b) Discontinuance or Substantial Alteration of Long-
Distance Routes.--Except as provided in subsection (c), in an
emergency, or during maintenance or construction outages impacting
Amtrak routes, Amtrak may not discontinue, reduce the frequency of,
suspend, or substantially alter the route of rail service on any
segment of any long-distance route in any fiscal year in which Amtrak
receives adequate Federal funding for such route on the National
Network.''; and</DELETED>
<DELETED> (4) by inserting after subsection (c), as
redesignated, the following:</DELETED>
<DELETED> ``(d) Congressional Notification of Discontinuance.--
Except as provided in subsection (c), not later than 210 days before
discontinuing service over a route, Amtrak shall give written notice of
such discontinuance to all of the members of Congress representing any
State or district in which the discontinuance would occur.''.</DELETED>
<DELETED>SEC. 2211. STATE-SUPPORTED ROUTE COMMITTEE.</DELETED>
<DELETED> (a) State-Supported Route Committee.--Section 24712(a) of
title 49, United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by striking ``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'' and inserting ``There
is established''; and</DELETED>
<DELETED> (B) by inserting ``current and future''
before ``rail operations'';</DELETED>
<DELETED> (2) by redesignating paragraphs (4), (5), and (6)
as paragraphs (5), (6), and (7), respectively;</DELETED>
<DELETED> (3) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) Ability to conduct certain business.--If all
of the members of 1 voting bloc described in paragraph (3)
abstain from a Committee decision, agreement between the other
2 voting blocs consistent with the procedures set forth in such
paragraph shall be deemed sufficient for purpose of achieving
unanimous consent.'';</DELETED>
<DELETED> (4) in paragraph (5), as redesignated, in the
matter preceding subparagraph (A)--</DELETED>
<DELETED> (A) by striking ``convene a meeting and
shall define and implement'' and inserting ``define and
periodically update''; and</DELETED>
<DELETED> (B) by striking ``not later than 180 days
after the date of establishment of the Committee by the
Secretary''; and</DELETED>
<DELETED> (5) in paragraph (7), as redesignated--</DELETED>
<DELETED> (A) in the paragraph heading, by striking
``allocation methodology'' and inserting ``methodology
policy'';</DELETED>
<DELETED> (B) in subparagraph (A), by striking
``allocation methodology'' and inserting ``methodology
policy'';</DELETED>
<DELETED> (C) by amending subparagraph (B) to read
as follows:</DELETED>
<DELETED> ``(B) Revisions to cost methodology
policy.--</DELETED>
<DELETED> ``(i) Requirement to revise and
update.--Subject to rules and procedures
established pursuant to clause (iii), not later
than March 31, 2022, the Committee shall revise
and 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. 20901 note). The
Committee shall implement a revised cost
methodology policy during fiscal year 2023. Not
later than 30 days after the adoption of the
revised cost methodology policy, the Committee
shall submit a report documenting and
explaining any changes to the cost methodology
policy and plans for implementation of such
policy, including a description of the
improvements to the accounting information
provided by Amtrak to the States, to the
Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Transportation and Infrastructure of the
House of Representatives. The revised cost
methodology policy shall ensure that States
will be responsible for costs attributable to
the provision of service for their
routes.</DELETED>
<DELETED> ``(ii) Implementation impacts on
federal funding.--To the extent that a revision
developed pursuant to clause (i) assigns to
Amtrak costs that were previously allocated to
States, Amtrak shall request with specificity
such additional funding in the general and
legislative annual report required under
section 24315 or in any appropriate subsequent
Federal funding request for the fiscal year in
which the revised cost methodology policy will
be implemented.</DELETED>
<DELETED> ``(iii) Procedures for changing
methodology.--Notwithstanding section 209(b) of
the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 20901 note), the rules
and procedures implemented pursuant to
paragraph (5) shall include--</DELETED>
<DELETED> ``(I) procedures for
changing the cost methodology policy in
accordance with clause (i);
and</DELETED>
<DELETED> ``(II) procedures or broad
guidelines for conducting financial
planning, including operating and
capital forecasting, reporting, data
sharing, and governance.'';</DELETED>
<DELETED> (D) in subparagraph (C)--</DELETED>
<DELETED> (i) in the matter preceding clause
(i), by striking ``allocation methodology'' and
inserting ``methodology policy'';</DELETED>
<DELETED> (ii) in clause (i), by striking
``and'' at the end;</DELETED>
<DELETED> (iii) in clause (ii)--</DELETED>
<DELETED> (I) by striking
``allocate'' and inserting ``assign'';
and</DELETED>
<DELETED> (II) by striking the
period and inserting ``; and'';
and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) promote increased
efficiency in Amtrak's operating and capital
activities.''; and</DELETED>
<DELETED> (E) by adding at the end the
following:</DELETED>
<DELETED> ``(D) Independent evaluation.--Not later
than March 31 of each year, the Committee shall ensure
that an independent entity selected by the Committee
has completed an evaluation to determine whether State
payments for the most recently concluded fiscal year
are accurate and comply with the applicable cost
allocation methodology.''.</DELETED>
<DELETED> (b) Invoices and Reports.--Section 24712(b) of title 49,
United States Code, is amended to read as follows:</DELETED>
<DELETED> ``(b) Invoices and Reports.--</DELETED>
<DELETED> ``(1) Invoices.--Amtrak shall provide monthly
invoices to the Committee and to each State that sponsors a
State-supported route that identify the operating costs for
such route, including fixed costs and third-party
costs.</DELETED>
<DELETED> ``(2) Reports.--</DELETED>
<DELETED> ``(A) In general.--The Committee shall
determine the frequency and contents of--</DELETED>
<DELETED> ``(i) the financial and
performance reports that Amtrak is required to
provide to the Committee and the States;
and</DELETED>
<DELETED> ``(ii) the planning and demand
reports that the States are required to provide
to the Committee and Amtrak.</DELETED>
<DELETED> ``(B) Monthly statistical report.--
</DELETED>
<DELETED> ``(i) Development.--Consistent
with the revisions to the policy required under
subsection (a)(7)(B), the Committee shall
develop a report that contains the general
ledger data and operating statistics from
Amtrak's accounting systems used to calculate
payments to States.</DELETED>
<DELETED> ``(ii) Provision of necessary
data.--Not later than 30 days after the last
day of each month, Amtrak shall provide to the
States and to the Committee the necessary data
to complete the report developed pursuant to
clause (i) for such month.''.</DELETED>
<DELETED> (c) Dispute Resolution.--Section 24712(c) of title 49,
United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by striking ``(a)(4)'' and inserting
``(a)(5)''; and</DELETED>
<DELETED> (B) by striking ``(a)(6)'' and inserting
``(a)(7)''; and</DELETED>
<DELETED> (2) in paragraph (4), by inserting ``related to a
State-supported route that a State sponsors that is'' after
``amount''.</DELETED>
<DELETED> (d) Performance Metrics.--Section 24712(e) of title 49,
United States Code, is amended by inserting ``, including incentives to
increase revenue, reduce costs, finalize contracts by the beginning of
the fiscal year, and require States to promptly make payments for
services delivered'' before the period at the end.</DELETED>
<DELETED> (e) Statement of Goals and Objectives.--Section 24712(f)
of title 49, United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1), by inserting ``, and review
and update, as necessary,'' after ``shall develop'';</DELETED>
<DELETED> (2) in paragraph (2), by striking ``Not later than
2 years after the date of enactment of the Passenger Rail
Reform and Investment Act of 2015, the Committee shall transmit
the statement'' and inserting ``As applicable, based on
updates, the Committee shall submit an updated statement'';
and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(3) Sense of congress.--It is the sense of
Congress that--</DELETED>
<DELETED> ``(A) the Committee shall be the forum
where Amtrak and the States collaborate on the
planning, improvement, and development of corridor
routes across the National Network; and</DELETED>
<DELETED> ``(B) such collaboration should include
regular consultation with interstate rail compact
parties and other regional planning organizations that
address passenger rail.''.</DELETED>
<DELETED> (f) Other Reforms Related to State-Supported Routes.--
Section 24712 of title 49, United States Code, as amended by
subsections (a) through (e), is further amended--</DELETED>
<DELETED> (1) by redesignating subsections (g) and (h) as
subsections (k) and (l), respectively; and</DELETED>
<DELETED> (2) by inserting after subsection (f) the
following:</DELETED>
<DELETED> ``(g) New State-Supported Routes.--</DELETED>
<DELETED> ``(1) Consultation.--In developing a new State-
supported route, Amtrak shall consult with--</DELETED>
<DELETED> ``(A) the State or States and local
municipalities through which such new service would
operate;</DELETED>
<DELETED> ``(B) commuter authorities and regional
transportation authorities in the areas that would be
served by the planned route;</DELETED>
<DELETED> ``(C) host railroads;</DELETED>
<DELETED> ``(D) the Administrator of the Federal
Railroad Administration; and</DELETED>
<DELETED> ``(E) other stakeholders, as
appropriate.</DELETED>
<DELETED> ``(2) State commitments.--Notwithstanding any
other provision of law, before beginning construction necessary
for, or beginning operation of, a State-supported route that is
initiated on or after the date of enactment of the Passenger
Rail Expansion and Rail Safety Act of 2021, Amtrak shall enter
into a memorandum of understanding, or otherwise secure an
agreement, with each State in which such route will operate for
sharing--</DELETED>
<DELETED> ``(A) ongoing operating costs and capital
costs in accordance with the cost methodology policy
referred to in subsection (a)(7) then in effect;
or</DELETED>
<DELETED> ``(B) ongoing operating costs and capital
costs in accordance with the maximum funding
limitations described in section 22908(e).</DELETED>
<DELETED> ``(3) Application of terms.--In this subsection,
the terms `capital costs' and `operating costs' shall apply in
the same manner as such terms apply under the cost methodology
policy developed pursuant to subsection (a)(7).</DELETED>
<DELETED> ``(h) Cost Methodology Policy Update Implementation
Report.--Not later than 18 months after the updated cost methodology
policy required under subsection (a)(7)(B) is implemented, the
Committee shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives that assesses the
implementation of the updated policy.</DELETED>
<DELETED> ``(i) Identification of State-Supported Route Changes.--
Amtrak shall--</DELETED>
<DELETED> ``(1) not later than 120 days before the
submission of the general and legislative annual report
required under section 24315(b), consult with the Committee and
any additional States through which a State-supported route may
operate regarding any proposed changes to such route;
and</DELETED>
<DELETED> ``(2) include in such report an update of any
planned or proposed changes to State-supported routes,
including the introduction of new State-supported routes,
including--</DELETED>
<DELETED> ``(A) the timeframe in which such changes
would take effect; and</DELETED>
<DELETED> ``(B) whether Amtrak has entered into
commitments with the affected States pursuant
subsection (g)(2).</DELETED>
<DELETED> ``(j) Economic Analysis.--Not later than 3 years after the
date of enactment of the Passenger Rail Expansion and Rail Safety Act
of 2021, the Committee shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that--</DELETED>
<DELETED> ``(1) describes the role of the State-supported
routes in economic development; and</DELETED>
<DELETED> ``(2) examines the impacts of the State-supported
routes on local station areas, job creation, transportation
efficiency, State economies, and the national
economy.''.</DELETED>
<DELETED>SEC. 2212. ENHANCING CROSS BORDER SERVICE.</DELETED>
<DELETED> (a) In General.--Not later than 1 year after the date of
enactment of this Act, Amtrak, after consultation with the Secretary,
the Secretary of Homeland Security, relevant State departments of
transportation, Canadian governmental agencies and entities, and owners
of the relevant rail infrastructure and facilities, shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives regarding enhancing Amtrak passenger rail
service between the United States and Canada that--</DELETED>
<DELETED> (1) identifies challenges to Amtrak operations in
Canada, including delays associated with custom and immigration
inspections in both the United States and Canada; and</DELETED>
<DELETED> (2) includes recommendations to improve such cross
border service, including the feasibility of and costs
associated with a preclearance facility or
facilities.</DELETED>
<DELETED> (b) Assistance and Support.--The Secretary, the Secretary
of State, and the Secretary of Homeland Security may provide assistance
and support requested by Amtrak that is necessary to carry out this
section, as determined appropriate by the respective
Secretary.</DELETED>
<DELETED>SEC. 2213. CREATING QUALITY JOBS.</DELETED>
<DELETED> Section 121 of the Amtrak Reform and Accountability Act of
1997 (49 U.S.C. 24312 note) is amended--</DELETED>
<DELETED> (1) by redesignating subsection (d) as subsection
(f); and</DELETED>
<DELETED> (2) by inserting after subsection (c) the
following:</DELETED>
<DELETED> ``(d) Furloughed Work.--Amtrak may not contract out work
within the classification 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 such employee has been laid off and has not been
recalled to perform such work.</DELETED>
<DELETED> ``(e) Agreement Prohibitions on Contracting Out.--This
section does not--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>Subtitle C--Intercity Passenger Rail Policy</DELETED>
<DELETED>SEC. 2301. NORTHEAST CORRIDOR PLANNING.</DELETED>
<DELETED> Section 24904 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking subsections (a) and (d);</DELETED>
<DELETED> (2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively;</DELETED>
<DELETED> (3) by inserting before subsection (c), as
redesignated, the following:</DELETED>
<DELETED> ``(a) Northeast Corridor Service Development Plan.--
</DELETED>
<DELETED> ``(1) In general.--Not later than March 31, 2022,
the Northeast Corridor Commission established under section
24905 (referred to in this section as the `Commission') shall
submit a service development plan to Congress.</DELETED>
<DELETED> ``(2) Contents.--The plan required under paragraph
(1) shall--</DELETED>
<DELETED> ``(A) identify key state-of-good-repair,
capacity expansion, and capital improvement projects
planned for the Northeast Corridor;</DELETED>
<DELETED> ``(B) provide a coordinated and consensus-
based plan covering a 15-year period;</DELETED>
<DELETED> ``(C) identify service objectives and the
capital investments required to meet such
objectives;</DELETED>
<DELETED> ``(D) provide a delivery-constrained
strategy that identifies--</DELETED>
<DELETED> ``(i) capital investment
phasing;</DELETED>
<DELETED> ``(ii) an evaluation of workforce
needs; and</DELETED>
<DELETED> ``(iii) strategies for managing
resources and mitigating construction impacts
on operations; and</DELETED>
<DELETED> ``(E) include a financial strategy that
identifies funding needs and potential funding
sources.</DELETED>
<DELETED> ``(3) Updates.--The Commission shall update the
service development plan not less frequently than once every 5
years.</DELETED>
<DELETED> ``(b) Northeast Corridor Capital Investment Plan.--
</DELETED>
<DELETED> ``(1) In general.--Not later than November 1 of
each year, the Commission shall--</DELETED>
<DELETED> ``(A) develop an annual capital investment
plan for the Northeast Corridor; and</DELETED>
<DELETED> ``(B) submit the capital investment plan
to--</DELETED>
<DELETED> ``(i) the Secretary of
Transportation;</DELETED>
<DELETED> ``(ii) the Committee on Commerce,
Science, and Transportation of the Senate;
and</DELETED>
<DELETED> ``(iii) the Committee on
Transportation and Infrastructure of the House
of Representatives.</DELETED>
<DELETED> ``(2) Contents.--The plan required under paragraph
(1) shall--</DELETED>
<DELETED> ``(A) reflect coordination across the
entire Northeast Corridor;</DELETED>
<DELETED> ``(B) integrate the individual capital
plans developed by Amtrak, States, and commuter
authorities in accordance with the cost allocation
policy developed and approved under section
24905(c);</DELETED>
<DELETED> ``(C) cover a period of 5 fiscal years,
beginning with the fiscal year during which the plan is
submitted;</DELETED>
<DELETED> ``(D) notwithstanding section 24902(b),
document the projects and programs being undertaken to
advance the service objectives and capital investments
identified in the Northeast Corridor service
development plan developed under subsection (a), and
the asset condition needs identified in the Northeast
Corridor asset management plans, after considering--
</DELETED>
<DELETED> ``(i) the benefits and costs of
capital investments in the plan;</DELETED>
<DELETED> ``(ii) project and program
readiness;</DELETED>
<DELETED> ``(iii) the operational impacts;
and</DELETED>
<DELETED> ``(iv) Federal and non-Federal
funding availability;</DELETED>
<DELETED> ``(E) categorize capital projects and
programs as primarily associated with 1 of the
categories listed under section
24319(c)(2)(C);</DELETED>
<DELETED> ``(F) identify capital projects and
programs that are associated with more than 1 category
described in subparagraph (E); and</DELETED>
<DELETED> ``(G) include a financial plan that
identifies--</DELETED>
<DELETED> ``(i) funding sources and
financing methods;</DELETED>
<DELETED> ``(ii) the status of cost sharing
agreements pursuant to the cost allocation
policy developed under section
24905(c);</DELETED>
<DELETED> ``(iii) the projects and programs
that the Commission expects will receive
Federal financial assistance; and</DELETED>
<DELETED> ``(iv) the eligible entity or
entities that the Commission expects--
</DELETED>
<DELETED> ``(I) to receive the
Federal financial assistance referred
to in clause (iii); and</DELETED>
<DELETED> ``(II) to implement each
capital project.</DELETED>
<DELETED> ``(3) Review and coordination.--The Commission
shall require that the information described in paragraph (2)
be submitted in a timely manner to allow for a reasonable
period of review by, and coordination with, affected agencies
before the Commission submits the capital investment plan
pursuant to paragraph (1).'';</DELETED>
<DELETED> (4) in subsection (c), as redesignated, by
striking ``spent only on--'' and all that follows and inserting
``spent only on capital projects and programs contained in the
Commission's capital investment plan for the prior fiscal
year.''; and</DELETED>
<DELETED> (5) by amending subsection (d), as redesignated,
to read as follows:</DELETED>
<DELETED> ``(d) Northeast Corridor Capital Asset Management
System.--</DELETED>
<DELETED> ``(1) In general.--Amtrak and other infrastructure
owners that provide or support intercity rail passenger
transportation along 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).</DELETED>
<DELETED> ``(2) Features.--The system required under
paragraph (1) shall develop submissions that--</DELETED>
<DELETED> ``(A) are consistent with the transit
asset management system (as defined in section
5326(a)(3)); and</DELETED>
<DELETED> ``(B) include--</DELETED>
<DELETED> ``(i) an inventory of all capital
assets owned by the developer of the
plan;</DELETED>
<DELETED> ``(ii) an assessment of condition
of such capital assets;</DELETED>
<DELETED> ``(iii) a description of the
resources and processes that will be necessary
to bring or to maintain such capital assets in
a state of good repair; and</DELETED>
<DELETED> ``(iv) a description of changes in
the condition of such capital assets since the
submission of the prior version of the
plan.''.</DELETED>
<DELETED>SEC. 2302. NORTHEAST CORRIDOR COMMISSION.</DELETED>
<DELETED> Section 24905 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (a)(1)(D), by inserting
``authorities'' after ``carriers'';</DELETED>
<DELETED> (2) in subsection (b)(3)(B)--</DELETED>
<DELETED> (A) in clause (i)--</DELETED>
<DELETED> (i) by inserting ``, including
ridership trends,'' after ``transportation'';
and</DELETED>
<DELETED> (ii) by striking ``and'' at the
end;</DELETED>
<DELETED> (B) in clause (ii)--</DELETED>
<DELETED> (i) by inserting ``first year of
the'' after ``the delivery of the'';
and</DELETED>
<DELETED> (ii) by striking the period at the
end and inserting ``; and''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) progress in assessing and
eliminating the state-of-good-repair
backlog.'';</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in the paragraph heading, by
striking ``Development of policy'' and
inserting ``Policy'';</DELETED>
<DELETED> (ii) in subparagraph (A), by
striking ``develop a standardized policy'' and
inserting ``develop and maintain the
standardized policy first approved on September
17, 2015, and update, as
appropriate,'';</DELETED>
<DELETED> (iii) by amending subparagraph (B)
to read as follows:</DELETED>
<DELETED> ``(B) develop timetables for implementing
and maintaining the policy;'';</DELETED>
<DELETED> (iv) in subparagraph (C), by
striking ``the policy and the timetable'' and
inserting ``updates to the policy and
timetables''; and</DELETED>
<DELETED> (v) by amending subparagraph (D)
to read as follows:</DELETED>
<DELETED> ``(D) support the efforts of the members
of the Commission to implement the policy in accordance
with the timetables developed pursuant to subparagraph
(B);'';</DELETED>
<DELETED> (B) by amending paragraph (2) to read as
follows:</DELETED>
<DELETED> ``(2) Implementation.--</DELETED>
<DELETED> ``(A) In general.--In accordance with the
timetables developed pursuant to paragraph (1)(B),
Amtrak and commuter authorities on the Northeast
Corridor shall implement the policy developed under
paragraph (1) in their agreements for usage of
facilities or services.</DELETED>
<DELETED> ``(B) Effect of failure to implement or
comply with policy.--If the entities referred to in
subparagraph (A) fail to implement the policy in
accordance with paragraph (1)(D) or fail to comply with
the policy thereafter, the Surface Transportation Board
shall--</DELETED>
<DELETED> ``(i) determine the appropriate
compensation in accordance with the procedures
and procedural schedule applicable to a
proceeding under section 24903(c), after taking
into consideration the policy developed under
paragraph (1); and</DELETED>
<DELETED> ``(ii) enforce its determination
on the party or parties involved.'';
and</DELETED>
<DELETED> (C) in paragraph (4), by striking ``public
authorities providing commuter rail passenger
transportation'' and inserting ``commuter
authorities''; and</DELETED>
<DELETED> (4) in subsection (d)--</DELETED>
<DELETED> (A) by striking ``2016 through 2020'' and
inserting ``2022 through 2026''; and</DELETED>
<DELETED> (B) by striking ``section 11101(g) of the
Passenger Rail Reform and Investment Act of 2015'' and
inserting ``section 101(e) of the Passenger Rail
Expansion and Rail Safety Act of 2021''.</DELETED>
<DELETED>SEC. 2303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.</DELETED>
<DELETED> (a) In General.--Section 22907 of title 49, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting
``(including the District of Columbia)'' after
``State'';</DELETED>
<DELETED> (B) in paragraph (6), by inserting ``rail
carrier and intercity rail passenger transportation
are'' before ``defined'';</DELETED>
<DELETED> (C) by redesignating paragraphs (8)
through (11) as paragraphs (10) through (13),
respectively; and</DELETED>
<DELETED> (D) by inserting after paragraph (7) the
following:</DELETED>
<DELETED> ``(8) An association representing 1 or more
railroads described in paragraph (7).'';</DELETED>
<DELETED> ``(9) A federally recognized Indian
Tribe.'';</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (3), by adding ``or
safety'' after ``congestion'';</DELETED>
<DELETED> (B) in paragraph (6), by striking ``and''
and inserting ``or'';</DELETED>
<DELETED> (C) by redesignating paragraphs (11) and
(12) as paragraphs (12) and (13),
respectively;</DELETED>
<DELETED> (D) by inserting after paragraph (10) the
following:</DELETED>
<DELETED> ``(11) The development and implementation of
measures to prevent trespassing and reduce associated injuries
and fatalities.''; and</DELETED>
<DELETED> (E) by inserting after paragraph (13), as
redesignated, the following:</DELETED>
<DELETED> ``(14) Research, development, and testing to
advance and facilitate innovative rail projects, including
projects using electromagnetic guideways in an enclosure in a
very low-pressure environment.</DELETED>
<DELETED> ``(15) The preparation of emergency plans for
communities through which hazardous materials are transported
by rail.''; and</DELETED>
<DELETED> (3) in subsection (h), by adding at the end the
following:</DELETED>
<DELETED> ``(4) Grade crossing and trespassing projects.--
Applicants may use costs incurred previously for preliminary
engineering associated with highway-rail grade crossing
improvement projects under subsection (c)(5) and trespassing
prevention projects under subsection (c)(11) to satisfy the
non-Federal share requirements.''.</DELETED>
<DELETED> (b) Rule of Construction.--The amendments made by
subsection (a) may not be construed to affect any grant, including any
application for a grant, made under section 22907 of title 49, United
States Code, before the date of enactment of this Act.</DELETED>
<DELETED> (c) Technical Correction.--</DELETED>
<DELETED> (1) In general.--Section 22907(l)(1)(A) of title
49, United States Code, is amended by inserting ``, including
highway construction over rail facilities as an alternative to
construction or improvement of a highway-rail grade crossing,''
after ``under chapter 227''.</DELETED>
<DELETED> (2) Applicability.--The amendment made by
paragraph (1) shall apply to amounts remaining under section
22907(l) of title 49, United States Code, from appropriations
for prior fiscal years.</DELETED>
<DELETED>SEC. 2304. RESTORATION AND ENHANCEMENT GRANTS.</DELETED>
<DELETED> Section 22908 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) by amending subsection (a) to read as
follows:</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Applicant.--Notwithstanding section
22901(1), the term `applicant' means--</DELETED>
<DELETED> ``(A) a State, including the District of
Columbia;</DELETED>
<DELETED> ``(B) a group of States;</DELETED>
<DELETED> ``(C) an entity implementing an interstate
compact;</DELETED>
<DELETED> ``(D) a public agency or publicly
chartered authority established by 1 or more
States;</DELETED>
<DELETED> ``(E) a political subdivision of a
State;</DELETED>
<DELETED> ``(F) a federally recognized Indian
Tribe;</DELETED>
<DELETED> ``(G) Amtrak or another rail carrier that
provides intercity rail passenger
transportation;</DELETED>
<DELETED> ``(H) any rail carrier in partnership with
at least 1 of the entities described in subparagraphs
(A) through (F); and</DELETED>
<DELETED> ``(I) any combination of the entities
described in subparagraphs (A) through (F).</DELETED>
<DELETED> ``(2) Operating assistance.--The term `operating
assistance', with respect to any route subject to section 209
of the Passenger Rail Investment and Improvement Act of 2008
(Public Law 110-432), means any cost allocated, or that may be
allocated, to a route pursuant to the cost methodology
established under such section or under section
24712.'';</DELETED>
<DELETED> (2) in subsection (c)(3), by striking ``3 years''
each place such term appears and inserting ``6
years'';</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (8), by striking
``and'';</DELETED>
<DELETED> (B) in paragraph (9), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(10) for routes selected under the Corridor
Identification and Development Program and operated by
Amtrak.''; and</DELETED>
<DELETED> (4) in subsection (e)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``assistance'';
and</DELETED>
<DELETED> (ii) by striking ``3 years'' and
inserting ``6 years (including for any such
routes selected for funding before the date of
enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021)''; and</DELETED>
<DELETED> (B) in paragraph (3), by striking
subparagraphs (A), (B), and (C) and inserting the
following:</DELETED>
<DELETED> ``(A) 90 percent of the projected net
operating costs for the first year of
service;</DELETED>
<DELETED> ``(B) 80 percent of the projected net
operating costs for the second year of
service;</DELETED>
<DELETED> ``(C) 70 percent of the projected net
operating costs for the third year of
service;</DELETED>
<DELETED> ``(D) 60 percent of the projected net
operating costs for the fourth year of
service;</DELETED>
<DELETED> ``(E) 50 percent of the projected net
operating costs for the fifth year of service;
and</DELETED>
<DELETED> ``(F) 30 percent of the projected net
operating costs for the sixth year of
service.''.</DELETED>
<DELETED>SEC. 2305. RAILROAD CROSSING ELIMINATION PROGRAM.</DELETED>
<DELETED> (a) In General.--Chapter 229 of title 49, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 22909. Railroad Crossing Elimination Program</DELETED>
<DELETED> ``(a) In General.--The Secretary of Transportation, in
cooperation with the Administrator of the Federal Railroad
Administration, shall establish a competitive grant program (referred
to in this section as the `Program') under which the Secretary shall
award grants to eligible recipients described in subsection (c) for
highway-rail or pathway-rail grade crossing improvement projects that
focus on improving the safety and mobility of people and
goods.</DELETED>
<DELETED> ``(b) Goals.--The goals of the Program are--</DELETED>
<DELETED> ``(1) to eliminate highway-rail grade crossings
that are frequently blocked by trains;</DELETED>
<DELETED> ``(2) to improve the health and safety of
communities;</DELETED>
<DELETED> ``(3) to reduce the impacts that freight movement
and railroad operations may have on underserved communities;
and</DELETED>
<DELETED> ``(4) to improve the mobility of people and
goods.</DELETED>
<DELETED> ``(c) Eligible Recipients.--The following entities are
eligible to receive a grant under this section:</DELETED>
<DELETED> ``(1) A State, including the District of Columbia,
Puerto Rico, and other United States territories and
possessions.</DELETED>
<DELETED> ``(2) A political subdivision of a
State.</DELETED>
<DELETED> ``(3) A federally recognized Indian
Tribe.</DELETED>
<DELETED> ``(4) A unit of local government or a group of
local governments.</DELETED>
<DELETED> ``(5) A public port authority.</DELETED>
<DELETED> ``(6) A metropolitan planning
organization.</DELETED>
<DELETED> ``(7) A group of entities described in any of
paragraphs (1) through (6).</DELETED>
<DELETED> ``(d) Eligible Projects.--The Secretary may award a grant
under the Program for a highway-rail or pathway-rail grade crossing
improvement project (including acquiring real property interests)
involving--</DELETED>
<DELETED> ``(1) grade separation or closure, including
through the use of a bridge, embankment, tunnel, or combination
thereof;</DELETED>
<DELETED> ``(2) track relocation;</DELETED>
<DELETED> ``(3) the improvement or installation of
protective devices, signals, signs, or other measures to
improve safety, provided that such activities are related to a
separation or relocation project described in paragraph (1) or
(2);</DELETED>
<DELETED> ``(4) other means to improve the safety and
mobility of people and goods at highway-rail grade crossings
(including technological solutions);</DELETED>
<DELETED> ``(5) a group of related projects described in
paragraphs (1) through (4) that would collectively improve the
mobility of people and goods; or</DELETED>
<DELETED> ``(6) the planning, environmental review, and
design of an eligible project described in paragraphs (1)
through (5).</DELETED>
<DELETED> ``(e) Application Process.--</DELETED>
<DELETED> ``(1) In general.--An eligible entity seeking a
grant under the Program shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.</DELETED>
<DELETED> ``(2) Railroad approvals.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall require
applicants to obtain the necessary approvals from any
impacted rail carriers or real property owners before
proceeding with the construction of a project funded by
a grant under the Program.</DELETED>
<DELETED> ``(B) Exception.--The requirement under
subparagraph (A) shall not apply to planning projects
described in subsection (d)(6) if the applicant agrees
to work collaboratively with rail carriers and right-
of-way owners.</DELETED>
<DELETED> ``(f) Project Selection Criteria.--</DELETED>
<DELETED> ``(1) In general.--In awarding grants under the
Program, the Secretary shall evaluate the extent to which
proposed projects would--</DELETED>
<DELETED> ``(A) improve safety at highway-rail or
pathway-rail grade crossings;</DELETED>
<DELETED> ``(B) grade separate, eliminate, or close
highway-rail or pathway-rail grade crossings;</DELETED>
<DELETED> ``(C) improve the mobility of people and
goods;</DELETED>
<DELETED> ``(D) reduce emissions, protect the
environment, and provide community benefits, including
noise reduction;</DELETED>
<DELETED> ``(E) improve access to emergency
services;</DELETED>
<DELETED> ``(F) provide economic benefits;
and</DELETED>
<DELETED> ``(G) improve access to communities
separated by rail crossings.</DELETED>
<DELETED> ``(2) Additional considerations.--In awarding
grants under the Program, the Secretary shall consider--
</DELETED>
<DELETED> ``(A) the degree to which the proposed
project will use--</DELETED>
<DELETED> ``(i) innovative
technologies;</DELETED>
<DELETED> ``(ii) innovative design and
construction techniques; or</DELETED>
<DELETED> ``(iii) construction materials
that reduce greenhouse gas emissions;</DELETED>
<DELETED> ``(B) the applicant's planned use of
contracting incentives to employ local labor, to the
extent permissible under Federal law;</DELETED>
<DELETED> ``(C) whether the proposed project will
improve the mobility of--</DELETED>
<DELETED> ``(i) multiple modes of
transportation, including ingress and egress
from freight facilities; or</DELETED>
<DELETED> ``(ii) users of nonvehicular modes
of transportation, such as pedestrians,
bicyclists, and public
transportation;</DELETED>
<DELETED> ``(D) whether the proposed project is
identified in--</DELETED>
<DELETED> ``(i) the freight investment plan
component of a State freight plan, as required
under section 70202(b)(9);</DELETED>
<DELETED> ``(ii) a State rail plan prepared
in accordance with chapter 227; or</DELETED>
<DELETED> ``(iii) a State highway-rail grade
crossing action plan, as required under section
11401(b) of the Passenger Rail Reform and
Investment Act of 2015 (title XI of Public Law
114-94); and</DELETED>
<DELETED> ``(E) the level of financial support
provided by impacted rail carriers.</DELETED>
<DELETED> ``(3) Award distribution.--In selecting grants for
Program funds in any fiscal year, the Secretary shall comply
with the following limitations:</DELETED>
<DELETED> ``(A) Grant funds.--Not less than 20
percent of the grant funds available for the Program in
any fiscal year shall be reserved for projects located
in rural areas or on Tribal lands. The requirement
under section 22907(l), which applies to this section,
shall not apply to grant funds reserved specifically
under this subsection.</DELETED>
<DELETED> ``(B) Planning grants.--Not less than 25
percent of the grant funds set aside for planning
projects in any fiscal year pursuant to section 2104(b)
of the Passenger Rail Expansion and Rail Safety Act of
2021 shall be awarded for projects located in rural
areas or on tribal lands.</DELETED>
<DELETED> ``(C) State limitation.--Not more than 20
percent of the grant funds available for the Program in
any fiscal year may be selected for projects in any
single State.</DELETED>
<DELETED> ``(D) Minimum size.--No grant awarded
under this section shall be for less than $1,000,000,
except for a planning grant described in subsection
(d)(6).</DELETED>
<DELETED> ``(g) Cost Share.--Except as provided in paragraph (2),
the Federal share of the cost of a project carried out using a grant
under the Program may not exceed 80 percent of the total cost of the
project. Applicants may count costs incurred for preliminary
engineering associated with highway-rail and pathway-rail grade
crossing improvement projects as part of the total project
costs.</DELETED>
<DELETED> ``(h) Congressional Notification.--Not later than 3 days
before awarding a grant for a project under the Program, the Secretary
shall submit written notification of the proposed grant to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives, which shall include--</DELETED>
<DELETED> ``(1) a summary of the project; and</DELETED>
<DELETED> ``(2) the amount of the proposed grant
award.</DELETED>
<DELETED> ``(i) Annual Report.--Not later than 60 days after each
round of award notifications, the Secretary shall post, on the public
website of the Department of Transportation--</DELETED>
<DELETED> ``(1) a list of all eligible applicants that
submitted an application for funding under the Program during
the current fiscal year;</DELETED>
<DELETED> ``(2) a list of the grant recipients and projects
that received grant funding under the Program during such
fiscal year; and</DELETED>
<DELETED> ``(3) a list of the proposed projects and
applicants that were determined to be ineligible.</DELETED>
<DELETED> ``(j) Defined Term.--In this section, the term `rural
area' means any area that is not within an area designated as an
urbanized area by the Bureau of the Census.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 229 of
title 49, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``22909. Railroad Crossing Elimination Program.''.
<DELETED>SEC. 2306. INTERSTATE RAIL COMPACTS.</DELETED>
<DELETED> (a) In General.--Chapter 229 of title 49, United States
Code (as amended by section 2305(a)), is further amended by adding at
the end the following:</DELETED>
<DELETED>``Sec. 22910. Interstate Rail Compacts Grant Program</DELETED>
<DELETED> ``(a) Grants Authorized.--The Secretary of Transportation
shall establish a competitive grant program to provide financial
assistance to entities implementing interstate rail compacts pursuant
to section 410 of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24101 note) for--</DELETED>
<DELETED> ``(1) costs of administration;</DELETED>
<DELETED> ``(2) systems planning, including studying the
impacts on freight rail operations and ridership;</DELETED>
<DELETED> ``(3) promotion of intercity passenger rail
operation;</DELETED>
<DELETED> ``(4) preparation of applications for competitive
Federal grant programs; and</DELETED>
<DELETED> ``(5) operations coordination.</DELETED>
<DELETED> ``(b) Maximum Amount.--The Secretary may not award a grant
under this section in an amount exceeding $1,000,000 per
year.</DELETED>
<DELETED> ``(c) Selection Criteria.--In selecting a recipient of a
grant for an eligible project under this section, the Secretary shall
consider--</DELETED>
<DELETED> ``(1) the amount of funding received (including
funding from a rail carrier (as defined in section 24102) or
other participation by State, local, and regional governments
and the private sector;</DELETED>
<DELETED> ``(2) the applicant's work to foster economic
development through rail service, particularly in rural
communities;</DELETED>
<DELETED> ``(3) 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);</DELETED>
<DELETED> ``(4) 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;</DELETED>
<DELETED> ``(5) whether the applicant is enhancing
connectivity and geographic coverage of the existing national
network of intercity passenger rail service;</DELETED>
<DELETED> ``(6) whether the applicant prepares regional rail
or corridor service development plans and corresponding
environmental analysis; and</DELETED>
<DELETED> ``(7) whether the applicant has engaged with
appropriate government entities and transportation providers to
identify projects necessary to enhance multimodal connections
or facilitate service integration between rail service and
other modes, including between intercity passenger rail service
and intercity bus service or commercial air service.</DELETED>
<DELETED> ``(d) Numerical Limitation.--The Secretary may not award
grants under this section for more than 10 interstate rail compacts in
any fiscal year.</DELETED>
<DELETED> ``(e) Operator Limitation.--The Secretary may only award
grants under this section to applicants with eligible expenses related
to intercity passenger rail service to be operated by Amtrak.</DELETED>
<DELETED> ``(f) Non-Federal Match.--The Secretary shall require each
recipient of a grant under this section to provide a non-Federal match
of not less than 50 percent of the eligible expenses of carrying out
the interstate rail compact under this section.</DELETED>
<DELETED> ``(g) Report.--Not later than 3 years after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
the Secretary, after consultation with grant recipients under this
section, shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives that describes--
</DELETED>
<DELETED> ``(1) the implementation of this
section;</DELETED>
<DELETED> ``(2) the status of the planning efforts and
coordination funded by grants awarded under this
section;</DELETED>
<DELETED> ``(3) the plans of grant recipients for continued
implementation of the interstate rail compacts;</DELETED>
<DELETED> ``(4) the status of, and data regarding, any new,
restored, or enhanced rail services initiated under the
interstate rail compacts; and</DELETED>
<DELETED> ``(5) any legislative
recommendations.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 229 of
title 49, United States Code (as amended by section 2305(b)), is
amended by adding at the end the following:</DELETED>
<DELETED>``22910. Interstate Rail Compacts Grant Program.''.
<DELETED> (c) Identification.--Section 410 of the Amtrak Reform and
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note)
is amended--</DELETED>
<DELETED> (1) in subsection (b)(2), by striking ``(except
funds made available for Amtrak)''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(c) Notification Requirement.--Any State that enters
into an interstate compact pursuant to subsection (a) shall notify the
Secretary of Transportation of such compact not later than 60 days
after it is formed. The failure of any State to notify the Secretary
under this subsection shall not affect the status of the interstate
compact.</DELETED>
<DELETED> ``(d) Interstate Rail Compacts Program.--The Secretary of
Transportation shall--</DELETED>
<DELETED> ``(1) make available on a publicly accessible
website a list of interstate rail compacts established under
subsection (a) before the date of enactment of the Passenger
Rail Expansion and Rail Safety Act of 2021 and interstate rail
compacts established after such date; and</DELETED>
<DELETED> ``(2) make information regarding interstate rail
compacts available to the public, including how States may
establish interstate rail compacts under subsection (a), and
update such information, as necessary.''.</DELETED>
<DELETED>SEC. 2307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER
RAIL GRANTS.</DELETED>
<DELETED> (a) In General.--Section 24911 of title 49, United States
Code, is amended--</DELETED>
<DELETED> (1) in the section heading, by striking ``for
state of good repair'' and inserting ``for intercity passenger
rail'';</DELETED>
<DELETED> (2) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (F), by
striking ``or'' at the end;</DELETED>
<DELETED> (ii) by redesignating subsection
(G) as subsection (H);</DELETED>
<DELETED> (iii) by inserting after
subparagraph (F), the following:</DELETED>
<DELETED> ``(G) A federally recognized Indian Tribe;
or''; and</DELETED>
<DELETED> (iv) in subsection (H), as
redesignated, by striking ``(F)'' and inserting
``(G)'';</DELETED>
<DELETED> (B) by striking paragraphs (2) and (5);
and</DELETED>
<DELETED> (C) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively;</DELETED>
<DELETED> (3) in subsection (b), by striking ``with respect
to qualified railroad assets'' and inserting ``, improve
performance, or expand or establish new intercity passenger
rail service, including privately operated intercity passenger
rail service if an eligible applicant is involved;'';</DELETED>
<DELETED> (4) by striking subsections (c) through (e) and
inserting the following:</DELETED>
<DELETED> ``(c) Eligible Projects.--The following capital projects,
including acquisition of real property interests, are eligible to
receive grants under this section:</DELETED>
<DELETED> ``(1) A project to replace, rehabilitate, or
repair infrastructure, equipment, or a facility used for
providing intercity passenger rail service to bring such assets
into a state of good repair.</DELETED>
<DELETED> ``(2) A project to improve intercity passenger
rail service performance, including reduced trip times,
increased train frequencies, higher operating speeds, improved
reliability, expanded capacity, reduced congestion,
electrification, and other improvements, as determined by the
Secretary.</DELETED>
<DELETED> ``(3) A project to expand or establish new
intercity passenger rail service.</DELETED>
<DELETED> ``(4) A group of related projects described in
paragraphs (1) through (3).</DELETED>
<DELETED> ``(5) The planning, environmental studies, and
final design for a project or group of projects described in
paragraphs (1) through (4).</DELETED>
<DELETED> ``(d) Project Selection Criteria.--In selecting a project
for funding under this section--</DELETED>
<DELETED> ``(1) for projects located on the Northeast
Corridor, the Secretary shall--</DELETED>
<DELETED> ``(A) make selections consistent with the
Northeast Corridor Project Inventory published pursuant
to subsection (e)(1), unless when necessary to address
materially changed infrastructure or service
conditions, changes in project sponsor capabilities or
commitments, or other significant changes since the
completion of the most recently issued Northeast
Corridor Project Inventory; and</DELETED>
<DELETED> ``(B) for projects that benefit intercity
and commuter rail services, only make such selections
when Amtrak and the public authorities providing
commuter rail passenger transportation at the eligible
project location--</DELETED>
<DELETED> ``(i) are in compliance with
section 24905(c)(2);</DELETED>
<DELETED> ``(ii) have identified the
intercity passenger rail share of the eligible
project; and</DELETED>
<DELETED> ``(iii) identify funding for the
commuter rail share of the non-Federal share of
the project before the commencement of the
project;</DELETED>
<DELETED> ``(2) for projects not located on the Northeast
Corridor, the Secretary shall--</DELETED>
<DELETED> ``(A) give preference to eligible
projects--</DELETED>
<DELETED> ``(i) for which Amtrak is not the
sole applicant;</DELETED>
<DELETED> ``(ii) that improve the financial
performance reliability, service frequency, or
address the state of good repair of an Amtrak
route; and</DELETED>
<DELETED> ``(iii) that are identified in,
and consistent with, a corridor inventory
prepared under the Corridor Identification and
Development Program pursuant to section 25101;
and</DELETED>
<DELETED> ``(B) take into account--</DELETED>
<DELETED> ``(i) the cost-benefit analysis of
the proposed project, including anticipated
private and public benefits relative to the
costs of the proposed project, including--
</DELETED>
<DELETED> ``(I) effects on system
and service performance, including as
measured by applicable metrics set
forth in part 273 of title 49, Code of
Federal Regulations;</DELETED>
<DELETED> ``(II) effects on safety,
competitiveness, reliability, trip or
transit time, greenhouse gas emissions,
and resilience;</DELETED>
<DELETED> ``(III) efficiencies from
improved connections with other modes;
and</DELETED>
<DELETED> ``(IV) ability to meet
existing or anticipated
demand;</DELETED>
<DELETED> ``(ii) the degree to which the
proposed project's business plan considers
potential private sector participation in the
financing, construction, or operation of the
proposed project;</DELETED>
<DELETED> ``(iii) the applicant's past
performance in developing and delivering
similar projects, and previous financial
contributions;</DELETED>
<DELETED> ``(iv) whether the applicant has,
or will have--</DELETED>
<DELETED> ``(I) the legal,
financial, and technical capacity to
carry out the project;</DELETED>
<DELETED> ``(II) satisfactory
continuing access to the equipment or
facilities; and</DELETED>
<DELETED> ``(III) the capability and
willingness to maintain the equipment
or facilities;</DELETED>
<DELETED> ``(v) if applicable, the
consistency of the project with planning
guidance and documents set forth by the
Secretary or otherwise required by law;
and</DELETED>
<DELETED> ``(vi) any other relevant factors,
as determined by the Secretary; and</DELETED>
<DELETED> ``(3) the Secretary shall reserve--</DELETED>
<DELETED> ``(A) not less than 45 percent of the
amounts appropriated for grants under this section for
projects not located along the Northeast Corridor, of
which not less than 20 percent shall be for projects
that benefit (in whole or in part) a long-distance
route; and</DELETED>
<DELETED> ``(B) not less than 45 percent of the
amounts appropriated for grants under this section for
projects listed on the Northeast Corridor project
inventory published pursuant to subsection
(e)(1).</DELETED>
<DELETED> ``(e) Long-Term Planning.--Not later than 1 year after the
date of enactment of the Passenger Rail Expansion and Rail Safety Act
of 2021, and every 2 years thereafter, the Secretary shall create a
predictable project pipeline that will assist Amtrak, States, and the
public with long-term capital planning by publishing a Northeast
Corridor project inventory that--</DELETED>
<DELETED> ``(1) identifies capital projects for Federal
investment, project applicants, and proposed Federal funding
levels under this section;</DELETED>
<DELETED> ``(2) specifies the order in which the Secretary
will provide grant funding to projects that have identified
sponsors and are located along the Northeast Corridor,
including a method and plan for apportioning funds to project
sponsors for the 2-year period, which may be altered by the
Secretary, as necessary, if recipients are not carrying out
projects in accordance with the anticipated schedule;</DELETED>
<DELETED> ``(3) takes into consideration the appropriate
sequence and phasing of projects described in the Northeast
Corridor capital investment plan developed pursuant to section
24904(a);</DELETED>
<DELETED> ``(4) is consistent with the most recent Northeast
Corridor service development plan update described in section
24904(d);</DELETED>
<DELETED> ``(5) takes into consideration the existing
commitments and anticipated Federal, project applicant,
sponsor, and other relevant funding levels for the next 5
fiscal years based on information currently available to the
Secretary; and</DELETED>
<DELETED> ``(6) is developed in consultation with the
Northeast Corridor Commission and the owners of Northeast
Corridor infrastructure and facilities.'';</DELETED>
<DELETED> (5) in subsection (f)(2), by inserting ``, except
as specified under paragraph (4)'' after ``80
percent'';</DELETED>
<DELETED> (6) in subsection (g)--</DELETED>
<DELETED> (A) in the subsection heading, by
inserting ``; Phased Funding Agreements'' after
``Intent'';</DELETED>
<DELETED> (B) in paragraph (1)--</DELETED>
<DELETED> (i) in the paragraph heading, by
striking ``In general'' and inserting ``Letters
of intent''; and</DELETED>
<DELETED> (ii) by striking ``shall, to the
maximum extent practicable,'' and inserting
``may'';</DELETED>
<DELETED> (C) by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively;</DELETED>
<DELETED> (D) by inserting after paragraph (1) the
following:</DELETED>
<DELETED> ``(2) Phased funding agreements.--</DELETED>
<DELETED> ``(A) In general.--The Secretary may enter
into a phased funding agreement with an applicant if--
</DELETED>
<DELETED> ``(i) the project is highly rated,
based on the evaluations and ratings conducted
pursuant to this section and the applicable
notice of funding opportunity; and</DELETED>
<DELETED> ``(ii) the Federal assistance to
be provided for the project under this section
is more than $80,000,000.</DELETED>
<DELETED> ``(B) Terms.--A phased funding agreement
shall--</DELETED>
<DELETED> ``(i) establish the terms of
participation by the Federal Government in the
project;</DELETED>
<DELETED> ``(ii) establish the maximum
amount of Federal financial assistance for the
project;</DELETED>
<DELETED> ``(iii) include the period of time
for completing the project, even if such period
extends beyond the period for which Federal
financial assistance is authorized;</DELETED>
<DELETED> ``(iv) make timely and efficient
management of the project easier in accordance
with Federal law; and</DELETED>
<DELETED> ``(v) if applicable, specify when
the process for complying with the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and related environmental laws
will be completed for the project.</DELETED>
<DELETED> ``(C) Special financial rules.--</DELETED>
<DELETED> ``(i) In general.--A phased
funding agreement under this paragraph
obligates an amount of available budget
authority specified in law and may include a
commitment, contingent on amounts to be
specified in law in advance for commitments
under this paragraph, to obligate an additional
amount from future available budget authority
specified in law.</DELETED>
<DELETED> ``(ii) Statement of contingent
commitment.--The agreement shall state that the
contingent commitment is not an obligation of
the Government.</DELETED>
<DELETED> ``(iii) Interest and other
financing costs.--Interest and other financing
costs of efficiently carrying out a part of the
project within a reasonable time are a cost of
carrying out the project under a phased funding
agreement, except that eligible costs may not
be more than the cost of the most favorable
financing terms reasonably available for the
project at the time of borrowing. The applicant
shall certify, to the satisfaction of the
Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financing terms.</DELETED>
<DELETED> ``(iv) Failure to carry out
project.--If an applicant does not carry out
the project for reasons within the control of
the applicant, the applicant shall repay all
Federal grant funds awarded for the project
from all Federal funding sources, for all
project activities, facilities, and equipment,
plus reasonable interest and penalty charges
allowable by law or established by the
Secretary in the phased funding agreement. For
purposes of this clause, a process for
complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)
that results in the selection of the no build
alternative is not within the applicant's
control.</DELETED>
<DELETED> ``(v) Crediting of funds
received.--Any funds received by the Government
under this paragraph, except for interest and
penalty charges, shall be credited to the
appropriation account from which the funds were
originally derived.'';</DELETED>
<DELETED> (E) in paragraph (3), as redesignated--
</DELETED>
<DELETED> (i) in subparagraph (A), in the
matter preceding clause (i), by inserting ``a
phased funding agreement under paragraph (2)
or'' after ``issuing''; and</DELETED>
<DELETED> (ii) in subparagraph (B)(i), by
inserting ``the phased funding agreement or''
after ``a copy of''; and</DELETED>
<DELETED> (F) in paragraph (4), as redesignated--
</DELETED>
<DELETED> (i) by striking ``An obligation''
and inserting the following:</DELETED>
<DELETED> ``(B) Appropriations required.--An
obligation''; and</DELETED>
<DELETED> (ii) by inserting before
subparagraph (B), as added by clause (i), the
following:</DELETED>
<DELETED> ``(A) In general.--The Secretary may enter
into phased funding agreements under this subsection
that contain contingent commitments to incur
obligations in such amounts as the Secretary determines
are appropriate.''; and</DELETED>
<DELETED> (7) by adding at the end the following:</DELETED>
<DELETED> ``(j) Annual Report on Phased Funding Agreements and
Letters of Intent.--Not later than the first Monday in February of each
year, the Secretary shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Appropriations of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that includes--
</DELETED>
<DELETED> ``(1) a proposal for the allocation of amounts to
be available to finance grants for projects under this section
among applicants for such amounts;</DELETED>
<DELETED> ``(2) evaluations and ratings, as applicable, for
each project that has received a phased funding agreement or a
letter of intent; and</DELETED>
<DELETED> ``(3) recommendations for each project that has
received a phased funding agreement or a letter of intent for
funding based on the evaluations and ratings, as applicable,
and on existing commitments and anticipated funding levels for
the next 3 fiscal years based on information currently
available to the Secretary.</DELETED>
<DELETED> ``(k) Regional Planning Guidance Corridor Planning.--The
Secretary may withhold up to 5 percent of the total amount made
available to carry out this section to carry out planning and
development activities related to section 25101, including--</DELETED>
<DELETED> ``(1) providing funding to public entities for the
development of corridor development plans selected under the
Corridor Identification and Development Program;</DELETED>
<DELETED> ``(2) facilitating and providing guidance for
intercity passenger rail systems planning;</DELETED>
<DELETED> ``(3) providing funding for the development and
refinement of intercity passenger rail systems planning
analytical tools and models; and</DELETED>
<DELETED> ``(4) providing funding to public entities for the
development of corridor development plans selected under the
Corridor Identification and Development Program.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 249 of
title 49, United States Code, is amended by striking the item relating
to section 24911 and inserting the following:</DELETED>
<DELETED>``24911. Federal-State partnership for intercity passenger
rail.''.
<DELETED>SEC. 2308. CORRIDOR IDENTIFICATION AND DEVELOPMENT
PROGRAM.</DELETED>
<DELETED> (a) In General.--Part C of subtitle V of title 49, United
States Code, is amended by adding at the end the following:</DELETED>
<DELETED>``CHAPTER 251--PASSENGER RAIL PLANNING</DELETED>
<DELETED>``Sec.
<DELETED>``25101. Corridor Identification and Development Program.
<DELETED>``Sec. 25101. Corridor Identification and Development
Program</DELETED>
<DELETED> ``(a) In General.--Not later than 180 days after the date
of enactment of the Passenger Rail Expansion and Rail Safety Act of
2021, the Secretary of Transportation shall establish a program to
facilitate the development of intercity passenger rail corridors. The
program shall include--</DELETED>
<DELETED> ``(1) a process for eligible entities described in
subsection (b) to submit proposals for the development of
intercity passenger rail corridors;</DELETED>
<DELETED> ``(2) a process for the Secretary to review and
select proposals in accordance with subsection (c);</DELETED>
<DELETED> ``(3) criteria for determining the level of
readiness for Federal financial assistance of an intercity
passenger rail corridor, which shall include--</DELETED>
<DELETED> ``(A) identification of a service operator
which may include Amtrak or private rail
carriers;</DELETED>
<DELETED> ``(B) identification of a service sponsor
or sponsors;</DELETED>
<DELETED> ``(C) identification capital project
sponsors;</DELETED>
<DELETED> ``(D) engagement with the host railroads;
and</DELETED>
<DELETED> ``(E) other criteria as determined
appropriate by the Secretary;</DELETED>
<DELETED> ``(4) a process for preparing service development
plans in accordance with subsection (d), including the
identification of planning funds, such as funds made available
under section 24911(k) and interstate rail compact grants
established under section 22210;</DELETED>
<DELETED> ``(5) the creation of a pipeline of intercity
passenger rail corridor projects under subsection
(g);</DELETED>
<DELETED> ``(6) planning guidance to achieve the purposes of
this section, including guidance for intercity passenger rail
corridors not selected under this section; and</DELETED>
<DELETED> ``(7) such other features as the Secretary
considers relevant to the successful development of intercity
passenger rail corridors.</DELETED>
<DELETED> ``(b) Eligible Entities.--The Secretary may receive
proposals under this section from Amtrak, States, groups of States,
entities implementing interstate compacts, regional passenger rail
authorities, regional planning organizations, political subdivisions of
a State, federally recognized Indian Tribes, and other public entities,
as determined by the Secretary.</DELETED>
<DELETED> ``(c) Corridor Selection.--In selecting intercity
passenger rail corridors pursuant to subsection (a), the Secretary
shall consider--</DELETED>
<DELETED> ``(1) whether the route was identified as part of
a regional or interregional intercity passenger rail systems
planning study;</DELETED>
<DELETED> ``(2) projected ridership, revenues, capital
investment, and operating funding requirements;</DELETED>
<DELETED> ``(3) anticipated environmental, congestion
mitigation, and other public benefits;</DELETED>
<DELETED> ``(4) projected trip times and their
competitiveness with other transportation modes;</DELETED>
<DELETED> ``(5) anticipated positive economic and employment
impacts, including development in the areas near passenger
stations, historic districts, or other opportunity
zones;</DELETED>
<DELETED> ``(6) committed or anticipated State, regional
transportation authority, or other non-Federal funding for
operating and capital costs;</DELETED>
<DELETED> ``(7) benefits to rural communities;</DELETED>
<DELETED> ``(8) whether the corridor is included in a
State's approved State rail plan developed pursuant to chapter
227;</DELETED>
<DELETED> ``(9) whether the corridor serves historically
unserved or underserved and low-income communities or areas of
persistent poverty;</DELETED>
<DELETED> ``(10) whether the corridor would benefit or
improve connectivity with existing or planned transportation
services of other modes;</DELETED>
<DELETED> ``(11) whether the corridor connects at least 2 of
the 100 most populated metropolitan areas;</DELETED>
<DELETED> ``(12) whether the corridor would enhance the
regional equity and geographic diversity of intercity passenger
rail service;</DELETED>
<DELETED> ``(13) whether the corridor is or would be
integrated into the national rail passenger transportation
system and whether the corridor would create benefits for other
passenger rail routes and services; and</DELETED>
<DELETED> ``(14) whether a passenger rail operator,
including a private rail carrier, has expressed support for the
corridor.</DELETED>
<DELETED> ``(d) Service Development Plans.--For each corridor
proposal selected for development under this section, the Secretary
shall partner with the entity that submitted the proposal and relevant
States to prepare a service development plan (or to update an existing
service development plan), which shall include--</DELETED>
<DELETED> ``(1) a detailed description of the proposed
intercity passenger rail service, including train frequencies,
peak and average operating speeds, and trip times;</DELETED>
<DELETED> ``(2) a corridor project inventory that--
</DELETED>
<DELETED> ``(A) identifies the capital projects
necessary to achieve the proposed intercity passenger
rail service, including--</DELETED>
<DELETED> ``(i) the capital projects for
which Federal investment will be
sought;</DELETED>
<DELETED> ``(ii) the likely project
applicants; and</DELETED>
<DELETED> ``(iii) the proposed Federal
funding levels;</DELETED>
<DELETED> ``(B) specifies the order in which Federal
funding will be sought for the capital projects
identified under subparagraph (A), after considering
the appropriate sequence and phasing of projects based
on the anticipated availability of funds; and</DELETED>
<DELETED> ``(C) is developed in consultation with
the entities listed in subsection (e);</DELETED>
<DELETED> ``(3) a schedule and any associated phasing of
projects and related service initiation or changes;</DELETED>
<DELETED> ``(4) project sponsors and other entities expected
to participate in carrying out the plan;</DELETED>
<DELETED> ``(5) a description of how the corridor would
comply with Federal rail safety and security laws, orders, and
regulations;</DELETED>
<DELETED> ``(6) the locations of existing and proposed
stations;</DELETED>
<DELETED> ``(7) the needs for rolling stock and other
equipment;</DELETED>
<DELETED> ``(8) a financial plan identifying projected--
</DELETED>
<DELETED> ``(A) annual revenues;</DELETED>
<DELETED> ``(B) annual ridership;</DELETED>
<DELETED> ``(C) capital investments before service
could be initiated;</DELETED>
<DELETED> ``(D) capital investments required to
maintain service;</DELETED>
<DELETED> ``(E) annual operating and costs;
and</DELETED>
<DELETED> ``(F) sources of capital investment and
operating financial support;</DELETED>
<DELETED> ``(9) a description of how the corridor would
contribute to the development of a multi-State regional network
of intercity passenger rail;</DELETED>
<DELETED> ``(10) an intermodal plan describing how the new
or improved corridor facilitates travel connections with other
passenger transportation services;</DELETED>
<DELETED> ``(11) a description of the anticipated
environmental benefits of the corridor; and</DELETED>
<DELETED> ``(12) a description of the corridor's impacts on
highway and aviation congestion, energy consumption, land use,
and economic development in the service area.</DELETED>
<DELETED> ``(e) Consultation.--In partnering on the preparation of a
service development plan under subsection (d), the Secretary shall
consult with--</DELETED>
<DELETED> ``(1) Amtrak;</DELETED>
<DELETED> ``(2) appropriate State and regional
transportation authorities and local officials;</DELETED>
<DELETED> ``(3) representatives of employee labor
organizations representing railroad and other appropriate
employees;</DELETED>
<DELETED> ``(4) host railroads for the proposed corridor;
and</DELETED>
<DELETED> ``(5) other stakeholders, as determined by the
Secretary.</DELETED>
<DELETED> ``(f) Updates.--If at least 40 percent of the work to
implement a service development plan prepared under subsection (d) has
not yet been completed, the plan's sponsor, in consultation with the
Secretary, shall determine whether such plan should be
updated.</DELETED>
<DELETED> ``(g) Project Pipeline.--Not later than 1 year after the
establishment of the program under this section, and by February 1st of
each year thereafter, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
Appropriations of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Appropriations of the House of Representatives a project pipeline, in
accordance with this section, that--</DELETED>
<DELETED> ``(1) identifies intercity passenger rail
corridors selected for development under this
section;</DELETED>
<DELETED> ``(2) identifies capital projects for Federal
investment, project applicants, and proposed Federal funding
levels, as applicable, consistent with the corridor project
inventory;</DELETED>
<DELETED> ``(3) specifies the order in which the Secretary
would provide Federal financial assistance, subject to the
availability of funds, to projects that have identified
sponsors, including a method and plan for apportioning funds to
project sponsors for a 5-year period, which may be altered by
the Secretary, as necessary, if recipients are not carrying out
projects on the anticipated schedule;</DELETED>
<DELETED> ``(4) takes into consideration the appropriate
sequence and phasing of projects described in the corridor
project inventory;</DELETED>
<DELETED> ``(5) takes into consideration the existing
commitments and anticipated Federal, project applicant,
sponsor, and other relevant funding levels for the next 5
fiscal years based on information currently available to the
Secretary;</DELETED>
<DELETED> ``(6) is prioritized based on the level of
readiness of the corridor; and</DELETED>
<DELETED> ``(7) reflects consultation with Amtrak.</DELETED>
<DELETED> ``(h) Definition.--In this section, the term `intercity
passenger rail corridor' means--</DELETED>
<DELETED> ``(1) a new intercity passenger rail route of less
than 750 miles;</DELETED>
<DELETED> ``(2) the enhancement of an existing intercity
passenger rail route of less than 750 miles;</DELETED>
<DELETED> ``(3) the restoration of service over all or
portions of an intercity passenger rail route formerly operated
by Amtrak; or</DELETED>
<DELETED> ``(4) the increase of service frequency of a long-
distance intercity passenger rail route.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of chapters for
subtitle V of title 49, United States Code, is amended by inserting
after the item relating to chapter 249 the following:</DELETED>
<DELETED>``Chapter 251. Passenger rail planning............ 25101''.
<DELETED>SEC. 2309. SURFACE TRANSPORTATION BOARD PASSENGER RAIL
PROGRAM.</DELETED>
<DELETED> The Surface Transportation Board shall--</DELETED>
<DELETED> (1) establish a passenger rail program with
primary responsibility for carrying out the Board's passenger
rail responsibilities; and</DELETED>
<DELETED> (2) hire up to 10 additional full-time employees
to assist in carrying out the responsibilities referred to in
paragraph (1).</DELETED>
<DELETED>SEC. 2310. RAILROAD RIGHTS-OF-WAY.</DELETED>
<DELETED> (a) Review.--The Comptroller General of the United States
shall--</DELETED>
<DELETED> (1) conduct a review of the exemption for railroad
rights-of-way under section 306108 of title 54, United States
Code, to determine whether and to what extent the exemption
streamlines compliance with such section; and</DELETED>
<DELETED> (2) quantify the efficiencies achieved by such
exemption and the remaining inefficiencies.</DELETED>
<DELETED> (b) Consultation.--In conducting the review pursuant to
subsection (a), the Comptroller General shall consult with the
Secretary, the Advisory Council on Historic Preservation, the National
Conference of State Historic Preservation Officers, the National
Association of Tribal Historic Preservation Officers, the Department of
the Interior, and representatives of the railroad industry.</DELETED>
<DELETED> (c) Recommendations.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall submit a report
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that--</DELETED>
<DELETED> (1) describes the results of the review conducted
pursuant to subsection (a); and</DELETED>
<DELETED> (2) includes recommendations for any regulatory or
legislative amendments that may further streamline compliance
with the requirements under section 306108 of title 54, United
States Code, in a manner that is consistent with railroad
safety and the policies and purposes of such section, including
recommendations regarding--</DELETED>
<DELETED> (A) the property based exemption;
and</DELETED>
<DELETED> (B) ways to improve the process, while
ensuring that historical properties remain protected
under such section.</DELETED>
<DELETED> (d) Report to Congress.--Not later than 180 days after
date of enactment of this Act, the Secretary and the Advisory Council
on Historic Preservation shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that addresses--</DELETED>
<DELETED> (1) the recommendations received from the
Comptroller General pursuant to subsection (c)(2);
and</DELETED>
<DELETED> (2) the actions that the Secretary will take to
implement such recommendations.</DELETED>
<DELETED>Subtitle D--Rail Safety</DELETED>
<DELETED>SEC. 2401. RAILWAY-HIGHWAY CROSSINGS PROGRAM
EVALUATION.</DELETED>
<DELETED> (a) In General.--The Secretary shall evaluate the
requirements of the railway-highway crossings program authorized under
section 130 of title 23, United States Code, to determine whether--
</DELETED>
<DELETED> (1) the requirements of the program provide States
sufficient flexibility to adequately address current and
emerging highway-rail grade crossing safety issues;</DELETED>
<DELETED> (2) the structure of the program provides
sufficient incentives and resources to States and local
agencies to make changes at highway-rail grade crossings that
are most effective at reducing deaths and injuries;</DELETED>
<DELETED> (3) there are appropriate tools and resources to
support States in using data driven programs to determine the
most cost-effective use of program funds; and</DELETED>
<DELETED> (4) any statutory changes are recommended to
improve the effectiveness of the program.</DELETED>
<DELETED> (b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate, the
Committee on Environment and Public Works of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives that summarizes and describes the results of the
evaluation conducted pursuant to subsection (a), including any
recommended statutory changes.</DELETED>
<DELETED>SEC. 2402. GRADE CROSSING ACCIDENT PREDICTION MODEL.</DELETED>
<DELETED> Not later than 2 years after the date of enactment of this
Act, the Administrator of the Federal Railroad Administration shall--
</DELETED>
<DELETED> (1) update the grade crossing accident prediction
and severity model used by the Federal Railroad Administration
to analyze accident risk at highway-rail grade crossings;
and</DELETED>
<DELETED> (2) provide training on the use of the updated
grade crossing accident prediction and severity
model.</DELETED>
<DELETED>SEC. 2403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS
AND PLANS.</DELETED>
<DELETED> (a) Highway-Rail Grade Crossing Safety.--Section 11401 of
the Fixing America's Surface Transportation Act (Public Law 114-94; 49
U.S.C. 22907 note) is amended--</DELETED>
<DELETED> (1) by striking subsection (c); and</DELETED>
<DELETED> (2) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.</DELETED>
<DELETED> (b) Reports on Highway-Rail Grade Crossing Safety.--
</DELETED>
<DELETED> (1) In general.--Chapter 201 of title 49, United
States Code, is amended by inserting after section 20166 the
following:</DELETED>
<DELETED>``Sec. 20167. Reports on highway-rail grade crossing
safety</DELETED>
<DELETED> ``(a) Report.--Not later than 4 years after the date by
which States are required to submit State highway-rail grade crossing
action plans under section 11401(b) of the Fixing America's Surface
Transportation Act (49 U.S.C. 22907 note), the Administrator of the
Federal Railroad Administration, in consultation with the Administrator
of the Federal Highway Administration, shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that summarizes the State highway-rail grade crossing
action plans, including--</DELETED>
<DELETED> ``(1) an analysis and evaluation of each State
railway-highway crossings program under section 130 of title
23, including--</DELETED>
<DELETED> ``(A) compliance with section 11401 of the
Fixing America's Surface Transportation Act and section
130(g) of title 23; and</DELETED>
<DELETED> ``(B) the specific strategies identified
by each State to improve safety at highway-rail grade
crossings, including crossings with multiple accidents
or incidents;</DELETED>
<DELETED> ``(2) the progress of each State in implementing
its State highway-rail grade crossings action plan;</DELETED>
<DELETED> ``(3) the number of highway-rail grade crossing
projects undertaken pursuant to section 130 of title 23,
including the distribution of such projects by cost range, road
system, nature of treatment, and subsequent accident experience
at improved locations;</DELETED>
<DELETED> ``(4) which States are not in compliance with
their schedule of projects under section 130(d) of title 23;
and</DELETED>
<DELETED> ``(5) any recommendations for future
implementation of the railway-highway crossings program under
section 130 of title 23.</DELETED>
<DELETED> ``(b) Updates.--Not later than 5 years after the
submission of the report required under subsection (a), the
Administrator of the Federal Railroad Administration, in consultation
with the Administrator of the Federal Highway Administration, shall--
</DELETED>
<DELETED> ``(1) update the report based on the State annual
reports submitted pursuant to section 130(g) of title 23 and
any other information obtained by or available to the
Administrator of the Federal Railroad Administration;
and</DELETED>
<DELETED> ``(2) submit the updated report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.</DELETED>
<DELETED> ``(c) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Highway-rail grade crossing.--The term
`highway-rail grade crossing' means a location within a State,
other than a location at which 1 or more railroad tracks cross
1 or more railroad tracks at grade, at which--</DELETED>
<DELETED> ``(A) a public highway, road, or street,
or a private roadway, including associated sidewalks
and pathways, crosses 1 or more railroad tracks, either
at grade or grade-separated; or</DELETED>
<DELETED> ``(B) a pathway explicitly authorized by a
public authority or a railroad carrier that--</DELETED>
<DELETED> ``(i) is dedicated for the use of
nonvehicular traffic, including pedestrians,
bicyclists, and others;</DELETED>
<DELETED> ``(ii) is not associated with a
public highway, road, or street, or a private
roadway; and</DELETED>
<DELETED> ``(iii) crosses 1 or more railroad
tracks, either at grade or grade-
separated.</DELETED>
<DELETED> ``(2) State.--The term `State' means a State of
the United States or the District of Columbia.''.</DELETED>
<DELETED> (2) Clerical amendment.--The analysis for chapter
201 of title 49, United States Code, is amended by inserting
after the item relating to section 20166 the
following:</DELETED>
<DELETED>``20167. Reports on highway-rail grade crossing safety.''.
<DELETED> (c) Annual Report.--Section 130(g) of title 23, United
States Code, is amended to read as follows:</DELETED>
<DELETED> ``(g) Annual Report.--</DELETED>
<DELETED> ``(1) In general.--Not later than August 31 of
each year, each State shall submit a report to the
Administrator of the Federal Highway Administration that
describes--</DELETED>
<DELETED> ``(A) the progress being made to implement
the railway-highway crossings program authorized under
this section; and</DELETED>
<DELETED> ``(B) the effectiveness of the
improvements made as a result of such
implementation.</DELETED>
<DELETED> ``(2) Contents.--Each report submitted pursuant to
paragraph (1) shall contain an assessment of--</DELETED>
<DELETED> ``(A) the costs of the various treatments
employed by the State to implement the railway-highway
crossings program; and</DELETED>
<DELETED> ``(B) the effectiveness of such
treatments, as measured by the accident experience at
the locations that received such treatments.</DELETED>
<DELETED> ``(3) Coordination.--Not later than 30 days after
the Federal Highway Administration's acceptance of each report
submitted pursuant to paragraph (1), the Administrator of the
Federal Highway Administration shall make such report available
to the Administrator of the Federal Railroad
Administration.''.</DELETED>
<DELETED>SEC. 2404. BLOCKED CROSSING PORTAL.</DELETED>
<DELETED> (a) In General.--The Administrator of the Federal Railroad
Administration shall establish a 3-year blocked crossing portal, which
shall include the maintenance of the portal and corresponding database
to receive, store, and retrieve information regarding blocked highway-
rail grade crossings.</DELETED>
<DELETED> (b) Blocked Crossing Portal.--The Administrator of the
Federal Railroad Administration shall establish a blocked crossing
portal that--</DELETED>
<DELETED> (1) collects information from the public,
including first responders, regarding blocked highway-rail
grade crossing events;</DELETED>
<DELETED> (2) solicits the apparent cause of the blocked
crossing and provides examples of common causes of blocked
crossings, such as idling trains or instances when lights or
gates are activated when no train is present;</DELETED>
<DELETED> (3) provides each complainant with the contact
information for reporting a blocked crossing to the relevant
railroad; and</DELETED>
<DELETED> (4) encourages each complainant to report the
blocked crossing to the relevant railroad.</DELETED>
<DELETED> (c) Complaints.--The blocked crossing portal shall be
programmed to receive complaints from the general public about blocked
highway-rail grade crossings. Any complaint reported through the portal
shall indicate whether the complainant also reported the blocked
crossing to the relevant railroad.</DELETED>
<DELETED> (d) Information Received.--In reviewing complaints
received pursuant to subsection (c), the Federal Railroad
Administration shall review, to the extent practicable, the information
received from the complainant to account for duplicative or erroneous
reporting.</DELETED>
<DELETED> (e) Use of Information.--The information received and
maintained in the blocked crossing portal database shall be used by the
Federal Railroad Administration--</DELETED>
<DELETED> (1) to identify frequent and long-duration blocked
highway-rail grade crossings;</DELETED>
<DELETED> (2) as a basis for conducting outreach to
communities, emergency responders, and railroads;</DELETED>
<DELETED> (3) to support collaboration in the prevention of
incidents at highway-rail grade crossings; and</DELETED>
<DELETED> (4) to assess the impacts of blocked
crossings.</DELETED>
<DELETED> (f) Sharing Information Received.--</DELETED>
<DELETED> (1) In general.--The Administrator of the Federal
Railroad Administration shall implement and make publicly
available procedures for sharing any nonaggregated information
received through the blocked crossing portal with the
public.</DELETED>
<DELETED> (2) Rule of construction.--Nothing in this section
may be construed to authorize the Federal Railroad
Administration to make publically available sensitive security
information.</DELETED>
<DELETED> (g) Additional Information.--If the information submitted
to the blocked crossing portal is insufficient to determine the
locations and potential impacts of blocked highway-rail grade
crossings, the Federal Railroad Administration may collect, from the
general public, State and local law enforcement personnel, and others
as appropriate, such additional information as may be necessary to make
such determinations.</DELETED>
<DELETED> (h) Limitations.--Complaints, data, and other information
received through the blocked crossing portal may not be used--
</DELETED>
<DELETED> (1) to infer or extrapolate the rate or instances
of crossings beyond the data received through the portal;
or</DELETED>
<DELETED> (2) for any regulatory or enforcement purposes
except those specifically described in this section.</DELETED>
<DELETED> (i) Reports.--</DELETED>
<DELETED> (1) Annual public report.--The Administrator of
the Federal Railroad Administration shall publish an annual
report on a public website regarding the blocked crossing
program, including the underlying causes of blocked crossings,
program challenges, and other findings.</DELETED>
<DELETED> (2) Report to congress.--Not later than 1 year
after the date of enactment of this Act, the Administrator of
the Federal Railroad Administration shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that describes--</DELETED>
<DELETED> (A) based on the information received
through the blocked crossing portal, frequent and long-
duration blocked highway-rail grade crossings,
including the locations, dates, durations, and impacts
resulting from such occurrences;</DELETED>
<DELETED> (B) the Federal Railroad Administration's
process for verifying the accuracy of the complaints
submitted to the blocked crossing portal, including
whether the portal continues to be effective in
collecting such information and identifying blocked
crossings;</DELETED>
<DELETED> (C) the Federal Railroad Administration's
use of the data compiled by the blocked crossing portal
to assess the underlying cause and overall impacts of
blocked crossings;</DELETED>
<DELETED> (D) the engagement of the Federal Railroad
Administration with affected parties to identify and
facilitate solutions to frequent and long-duration
blocked highway-rail grade crossings identified by the
blocked crossing portal; and</DELETED>
<DELETED> (E) whether the blocked crossing portal
continues to be an effective method to collect blocked
crossing information and what changes could improve its
effectiveness.</DELETED>
<DELETED> (j) Sunset.--This section (other than subsection (k))
shall have no force or effect beginning on the date that is 3 years
after the date of enactment of this Act.</DELETED>
<DELETED> (k) Rule of Construction.--Nothing in this section may be
construed to invalidate any authority of the Secretary with respect to
blocked highway-rail grade crossings. The Secretary may continue to use
any such authority after the sunset date set forth in subsection
(j).</DELETED>
<DELETED>SEC. 2405. DATA ACCESSIBILITY.</DELETED>
<DELETED> (a) Review.--Not later than 180 days after the date of
enactment of this Act, the Chief Information Officer of the Department
shall--</DELETED>
<DELETED> (1) conduct a review of the website of the Office
of Safety Analysis of the Federal Railroad Administration;
and</DELETED>
<DELETED> (2) provide recommendations to the Secretary for
improving the public's usability and accessibility of the
website referred to in paragraph (1).</DELETED>
<DELETED> (b) Updates.--Not later than 1 year after receiving
recommendations from the Chief Information Officer pursuant to
subsection (a)(2), the Secretary, after considering such
recommendations, shall update the website of the Office of Safety
Analysis of the Federal Railroad Administration to improve the
usability and accessibility of the website.</DELETED>
<DELETED>SEC. 2406. EMERGENCY LIGHTING.</DELETED>
<DELETED> Not later than 1 year after the date of enactment of this
Act, the Secretary shall initiate a rulemaking to require that all rail
carriers providing intercity passenger rail transportation or commuter
rail passenger transportation (as such terms are defined in section
24102 of title 49, United States Code), develop and implement periodic
inspection plans to ensure that passenger equipment offered for revenue
service complies with the requirements under part 238 of title 49, Code
of Federal Regulations, including ensuring that, in the event of a loss
of power, there is adequate emergency lighting available to allow
passengers, crew members, and first responders--</DELETED>
<DELETED> (1) to see and orient themselves;</DELETED>
<DELETED> (2) to identify obstacles;</DELETED>
<DELETED> (3) to safely move throughout the rail car;
and</DELETED>
<DELETED> (4) to evacuate safely.</DELETED>
<DELETED>SEC. 2407. COMPREHENSIVE RAIL SAFETY REVIEW OF
AMTRAK.</DELETED>
<DELETED> (a) Comprehensive Safety Assessment.--Not later than 1
year after the date of enactment of this Act, the Secretary shall--
</DELETED>
<DELETED> (1) conduct a focused review of Amtrak's safety-
related processes and procedures, compliance with safety
regulations and requirements, and overall safety culture;
and</DELETED>
<DELETED> (2) submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that includes the findings and recommendations
resulting from such assessment.</DELETED>
<DELETED> (b) Plan.--</DELETED>
<DELETED> (1) Initial plan.--Not later than 6 months after
the completion of the comprehensive safety assessment under
subsection (a)(1), Amtrak shall submit a plan to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives for addressing the findings and recommendations
raised in the comprehensive safety assessment.</DELETED>
<DELETED> (2) Annual updates.--Amtrak shall submit annual
updates of its progress toward implementing the plan submitted
pursuant to paragraph (1) to the committees listed in such
paragraph.</DELETED>
<DELETED>SEC. 2408. COMPLETION OF HOURS OF SERVICE AND FATIGUE
STUDIES.</DELETED>
<DELETED> (a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Railroad
Administration shall commence the pilot programs required under
subparagraphs (A) and (B) of section 21109(e)(1) of title 49, United
States Code.</DELETED>
<DELETED> (b) Consultation.--The Federal Railroad Administration
shall consult with the class or craft of employees impacted by the
pilot projects, including railroad carriers, and representatives of
labor organizations representing the impacted employees when designing
and conducting the pilot programs referred to in subsection
(a).</DELETED>
<DELETED> (c) Report.--If the pilot programs required under section
21109(e)(1) of title 49, United States Code, have not commenced on the
date that is 1 year and 120 days after the date of enactment of this
Act, the Secretary, not later than 30 days after such date, submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that describes--</DELETED>
<DELETED> (1) the status of such pilot programs;</DELETED>
<DELETED> (2) actions that the Federal Railroad
Administration has taken to commence the pilot programs,
including efforts to recruit participant railroads;</DELETED>
<DELETED> (3) any challenges impacting the commencement of
the pilot programs; and</DELETED>
<DELETED> (4) any other details associated with the
development of the pilot programs that affect progress toward
meeting the mandate under such section 21109(e)(1).</DELETED>
<DELETED>SEC. 2409. POSITIVE TRAIN CONTROL STUDY.</DELETED>
<DELETED> (a) Study.--The Comptroller General of the United States
shall conduct a study to determine the annual positive train control
system operation and maintenance costs for public commuter
railroads.</DELETED>
<DELETED> (b) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that summarizes the
study conducted pursuant to subsection (a), including the estimated
annual positive train control system operation and maintenance costs
for public commuter railroads.</DELETED>
<DELETED>SEC. 2410. OPERATING CREW MEMBER TRAINING, QUALIFICATION, AND
CERTIFICATION.</DELETED>
<DELETED> (a) Audits.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall initiate audits of the
training, qualification, and certification programs of locomotive
engineers and conductors of railroad carriers, subject to the
requirements of parts 240 and 242 of title 49, Code of Federal
Regulations, which audits shall--</DELETED>
<DELETED> (1) be conducted in accordance with subsection
(b);</DELETED>
<DELETED> (2) consider whether such programs are in
compliance with such parts 240 and 242;</DELETED>
<DELETED> (3) assess the type and content of training that
such programs provide locomotive engineers and conductors,
relevant to their respective roles, including training related
to installed technology;</DELETED>
<DELETED> (4) determine whether such programs provide
locomotive engineers and conductors the knowledge, skill, and
ability to safely operate a locomotive or train, consistent
with such parts 240 and 242;</DELETED>
<DELETED> (5) determine whether such programs reflect the
current operating practices of the railroad carrier;</DELETED>
<DELETED> (6) assess the current practice by which railroads
utilize simulator training, or any other technologies used to
train and qualify locomotive engineers and conductors by
examining how such technologies are used;</DELETED>
<DELETED> (7) consider international experience and practice
using similar technology, as appropriate, particularly before
qualifying locomotive engineers on new or unfamiliar equipment,
new train control, diagnostics, or other on-board
technology;</DELETED>
<DELETED> (8) assess the current practice for familiarizing
locomotive engineers and conductors with new territory and
using recurrency training to expose such personnel to normal
and abnormal conditions; and</DELETED>
<DELETED> (9) ensure that locomotive engineers and conductor
training programs are considered separately, as appropriate,
based on the unique requirements and regulations.</DELETED>
<DELETED> (b) Audit Scheduling.--The Secretary shall--</DELETED>
<DELETED> (1) schedule the audits required under subsection
(a) to ensure that--</DELETED>
<DELETED> (A) each Class I railroad, including the
National Railroad Passenger Corporation and other
intercity passenger rail providers, is audited not less
frequently than once every 5 years; and</DELETED>
<DELETED> (B) a select number, as determined
appropriate by the Secretary, of Class II and Class III
railroads, along with other railroads providing
passenger rail service that are not included in
subparagraph (A), are audited annually; and</DELETED>
<DELETED> (2) conduct the audits described in paragraph
(1)(B) in accordance with the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) and
appendix C of part 209 of title 49, Code of Federal
Regulations.</DELETED>
<DELETED> (c) Updates to Qualification and Certification Program.--
If the Secretary, while conducting the audits required under this
section, identifies a deficiency in a railroad's training,
qualification, and certification program for locomotive engineers or
conductors, the railroad shall update the program to eliminate such
deficiency.</DELETED>
<DELETED> (d) Consultation and Cooperation.--</DELETED>
<DELETED> (1) Consultation.--In conducting any audit
required under this section, the Secretary shall consult with
the railroad and its employees, including any nonprofit
employee labor organization representing the engineers or
conductors of the railroad.</DELETED>
<DELETED> (2) Cooperation.--The railroad and its employees,
including any nonprofit employee labor organization
representing engineers or conductors of the railroad, shall
fully cooperate with any such audit, including by--</DELETED>
<DELETED> (A) providing any relevant documents
requested; and</DELETED>
<DELETED> (B) making available any employees for
interview without undue delay or obstruction.</DELETED>
<DELETED> (3) Failure to cooperate.--If the Secretary
determines that a railroad or any of its employees, including
any nonprofit employee labor organization representing
engineers or conductors of the railroad is not fully
cooperating with an audit, the Secretary shall electronically
notify the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.</DELETED>
<DELETED> (e) Review of Regulations.--The Secretary shall
triennially determine whether any update to part 240 or 242 of title
49, Code of Federal Regulations, is necessary to better prepare
locomotive engineers and conductors to safely operate trains by
evaluating whether such regulations establish appropriate Federal
standards requiring railroads--</DELETED>
<DELETED> (1) to provide locomotive engineers or conductors
the knowledge and skills to safely operate trains under
conditions that reflect industry practices;</DELETED>
<DELETED> (2) to adequately address locomotive engineer or
conductor route situational awareness, including ensuring
locomotive engineers and conductors to demonstrate knowledge on
the physical characteristics of a territory under various
conditions and using various resources;</DELETED>
<DELETED> (3) to provide relevant and adequate hands-on
training before a locomotive engineer or conductor is
certified;</DELETED>
<DELETED> (4) to adequately prepare locomotive engineers or
conductors to understand relevant locomotive operating
characteristics, to include instructions on functions they are
required to operate on any installed technology; and</DELETED>
<DELETED> (5) to address any other safety issue that the
Secretary determines to be appropriate for better preparing
locomotive engineers or conductors.</DELETED>
<DELETED> (f) Annual Report.--The Secretary shall publish an annual
report on the public website of the Federal Railroad Administration
that--</DELETED>
<DELETED> (1) summarizes the findings of the prior year's
audits;</DELETED>
<DELETED> (2) summarizes any updates made pursuant to
subsection (c); and</DELETED>
<DELETED> (3) excludes and confidential business information
or sensitive security information.</DELETED>
<DELETED>SEC. 2411. TRANSPARENCY AND SAFETY.</DELETED>
<DELETED> Section 20103(d) of title 49, United States Code, is
amended to read as follows:</DELETED>
<DELETED> ``(d) Nonemergency Waivers.--</DELETED>
<DELETED> ``(1) In general.--The Secretary of Transportation
may waive, or suspend the requirement to comply with, any part
of a regulation prescribed or an order issued under this
chapter if such waiver or suspension is in the public interest
and consistent with railroad safety.</DELETED>
<DELETED> ``(2) Notice required.--The Secretary shall--
</DELETED>
<DELETED> ``(A) provide timely public notice of any
request for a waiver under this subsection or for a
suspension under subpart E of part 211 of title 49,
Code of Federal Regulations, or successor
regulations;</DELETED>
<DELETED> ``(B) make available the application for
such waiver or suspension and any nonconfidential
underlying data to interested parties;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) publish on a publicly accessible
website the reasons for granting each such waiver or
suspension.</DELETED>
<DELETED> ``(3) Information protection.--Nothing in this
subsection may be construed to require the release of
information protected by law from public disclosure.</DELETED>
<DELETED> ``(4) Rulemaking.--</DELETED>
<DELETED> ``(A) In general.--Not later than 1 year
after the first day on which a waiver under this
subsection or a suspension under subpart E of part 211
of title 49, Code of Federal Regulations, or successor
regulations, has been in continuous effect for a 6-year
period, the Secretary shall complete a review and
analysis of such waiver or suspension to determine
whether issuing a rule that is consistent with the
waiver is--</DELETED>
<DELETED> ``(i) in the public interest;
and</DELETED>
<DELETED> ``(ii) consistent with railroad
safety.</DELETED>
<DELETED> ``(B) Factors.--In conducting the review
and analysis under subparagraph (A), the Secretary
shall consider--</DELETED>
<DELETED> ``(i) the relevant safety record
under the waiver;</DELETED>
<DELETED> ``(ii) the likelihood that other
entities would have similar safety
outcomes;</DELETED>
<DELETED> ``(iii) the materials submitted in
the applications, including any comments
regarding such materials; and</DELETED>
<DELETED> ``(iv) related rulemaking
activity.</DELETED>
<DELETED> ``(C) Notice and comment.--The Secretary
shall publish notice of the review and analysis of the
waiver in the Federal Register, which shall include a
summary of the data collected and all relevant
underlying data, which may be included in a regulatory
update under subparagraph (D).</DELETED>
<DELETED> ``(D) Regulatory update.--The Secretary
may initiate a rulemaking to incorporate relevant
aspects of a waiver under this subsection or a
suspension under subpart E of part 211 of title 49,
Code of Federal Regulations, or successor regulations,
into the relevant regulation, to the extent the
Secretary considers appropriate.</DELETED>
<DELETED> ``(5) Rule of construction.--Nothing in this
subsection may be construed to delay any waiver granted
pursuant to this subsection that is in the public interest and
consistent with railroad safety.''.</DELETED>
<DELETED>SEC. 2412. RESEARCH AND DEVELOPMENT.</DELETED>
<DELETED> Section 20108 of title 49, United States Code, is amended
by adding at the end the following:</DELETED>
<DELETED> ``(d) Facilities.--The Secretary may erect, alter, and
repair buildings and make other public improvements to carry out
necessary railroad research, safety, and training activities at the
Transportation Technology Center in Pueblo, Colorado.</DELETED>
<DELETED> ``(e) Offsetting Collections.--The Secretary may collect
fees or rents from facility users to offset appropriated amounts for
the cost of providing facilities or research, development, testing,
training, or other services, including long-term sustainment of the on-
site physical plant.</DELETED>
<DELETED> ``(f) Revolving Fund.--Amounts appropriated to carry out
subsection (d) and all fees and rents collected pursuant to subsection
(e) shall be credited to a revolving fund and remain available until
expended. The Secretary may use such fees and rents for operation,
maintenance, repair, or improvement of the Transportation Technology
Center.</DELETED>
<DELETED> ``(g) Leases and Contracts.--Notwithstanding section 1302
of title 40, the Secretary may lease to others or enter into contracts
for terms of up to 20 years, for such consideration and subject to such
terms and conditions as the Secretary determines to be in the best
interests of the Government of the United States, for the operation,
maintenance, repair, and improvement of the Transportation Technology
Center.</DELETED>
<DELETED> ``(h) Property and Casualty Loss Insurance.--The Secretary
may allow its lessees and contractors to purchase property and casualty
loss insurance for its assets and activities at the Transportation
Technology Center to mitigate the lessee's or contractor's risk
associated with operating a facility.</DELETED>
<DELETED> ``(i) Energy Projects.--Notwithstanding section 1341 of
title 31, the Secretary may enter into contracts or agreements, or
commit to obligations in connection with third-party contracts or
agreements, including contingent liability for the purchase of electric
power in connection with such contracts or agreements, for terms not to
exceed 20 years, to enable the use of the land at the Transportation
Technology Center for projects to produce energy from renewable
sources.''.</DELETED>
<DELETED>SEC. 2413. RAIL RESEARCH AND DEVELOPMENT CENTER OF
EXCELLENCE.</DELETED>
<DELETED> Section 20108 of title 49, United States Code, as amended
by section 2412, is further amended by adding at the end the
following:</DELETED>
<DELETED> ``(j) Rail Research and Development Center of
Excellence.--</DELETED>
<DELETED> ``(1) Center of excellence.--The Secretary shall
award grants to establish and maintain a center of excellence
to advance research and development that improves the safety,
efficiency, and reliability of passenger and freight rail
transportation.</DELETED>
<DELETED> ``(2) Eligibility.--An institution of higher
education (as defined in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002)) or a consortium of nonprofit
institutions of higher education shall be eligible to receive a
grant from the center established pursuant to paragraph
(1).</DELETED>
<DELETED> ``(3) Selection criteria.--In awarding a grant
under this subsection, the Secretary shall--</DELETED>
<DELETED> ``(A) give preference to applicants with
strong past performance related to rail research,
education, and workforce development
activities;</DELETED>
<DELETED> ``(B) consider the extent to which the
applicant would involve public and private sector
passenger and freight railroad operators; and</DELETED>
<DELETED> ``(C) consider the regional and national
impacts of the applicant's proposal.</DELETED>
<DELETED> ``(4) Use of funds.--Grant funds awarded pursuant
to this subsection shall be used for basic and applied
research, evaluation, education, workforce development, and
training efforts related to safety, efficiency, reliability,
resiliency, and sustainability of urban commuter, intercity
high-speed, and freight rail transportation, to include
advances in rolling stock, advanced positive train control,
human factors, rail infrastructure, shared corridors, grade
crossing safety, inspection technology, remote sensing, rail
systems maintenance, network resiliency, operational
reliability, energy efficiency, and other advanced
technologies.</DELETED>
<DELETED> ``(5) Federal share.--The Federal share of a grant
awarded under this subsection shall be 50 percent of the cost
of establishing and operating the center of excellence and
related research activities carried out by the grant
recipient.''.</DELETED>
<DELETED>SEC. 2414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL SYSTEM
PERFORMANCE.</DELETED>
<DELETED> Section 20157 of title 49, United States Code, is amended
by adding at the end the following:</DELETED>
<DELETED> ``(m) Reports on Positive Train Control System
Performance.--</DELETED>
<DELETED> ``(1) In general.--Each host railroad subject to
this section or subpart I of part 236 of title 49, Code of
Federal Regulations, shall electronically submit to the
Secretary of Transportation a Report of PTC System Performance
on Form FRA F 6180.152, which shall be submitted on or before
the applicable due date set forth in paragraph (3) and contain
the information described in paragraph (2), which shall be
separated by the host railroad, each applicable tenant
railroad, and each positive train control-governed track
segment, consistent with the railroad's positive train control
Implementation Plan described in subsection (a)(1).</DELETED>
<DELETED> ``(2) Required information.--Each report submitted
pursuant to paragraph (1) shall include, for the applicable
reporting period--</DELETED>
<DELETED> ``(A) the number of positive train control
system initialization failures, disaggregated by the
number of initialization failures for which the source
or cause was the onboard subsystem, the wayside
subsystem, the communications subsystem, the back
office subsystem, or a non-positive train control
component;</DELETED>
<DELETED> ``(B) the number of positive train control
system cut outs, disaggregated by each component listed
in subparagraph (A) that was the source or cause of
such cut outs;</DELETED>
<DELETED> ``(C) the number of positive train control
system malfunctions, disaggregated by each component
listed in subparagraph (A) that was the source or cause
of such malfunctions;</DELETED>
<DELETED> ``(D) the number of enforcements by the
positive train control system;</DELETED>
<DELETED> ``(E) the number of enforcements by the
positive train control system in which it is reasonable
to assume an accident or incident was
prevented;</DELETED>
<DELETED> ``(F) the number of scheduled attempts at
initialization of the positive train control
system;</DELETED>
<DELETED> ``(G) the number of train miles governed
by the positive train control system; and</DELETED>
<DELETED> ``(H) a summary of any actions the host
railroad and its tenant railroads are taking to reduce
the frequency and rate of initialization failures, cut
outs, and malfunctions, such as any actions to correct
or eliminate systemic issues and specific
problems.</DELETED>
<DELETED> ``(3) Due dates.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), each host railroad shall
electronically submit the report required under
paragraph (1) not later than--</DELETED>
<DELETED> ``(i) April 30, for the period
from January 1 through March 31;</DELETED>
<DELETED> ``(ii) July 31, for the period
from April 1 through June 30;</DELETED>
<DELETED> ``(iii) October 31, for the period
from July 1 through September 30; and</DELETED>
<DELETED> ``(iv) January 31, for the period
from October 1 through December 31 of the prior
calendar year.</DELETED>
<DELETED> ``(B) Frequency reduction.--Beginning on
the date that is 3 years after the date of enactment of
the Passenger Rail Expansion and Rail Safety Act of
2021, the Secretary shall reduce the frequency with
which host railroads are required to submit the report
described in paragraph (1) to not less frequently than
twice per year, unless the Secretary--</DELETED>
<DELETED> ``(i) determines that quarterly
reporting is in the public interest;
and</DELETED>
<DELETED> ``(ii) publishes a justification
for such determination in the Federal
Register.</DELETED>
<DELETED> ``(4) Tenant railroads.--Each tenant railroad that
operates on a host railroad's positive train control-governed
main line and is not currently subject to an exception under
section 236.1006(b) of title 49, Code of Federal Regulations,
shall submit the information described in paragraph (2) to each
applicable host railroad on a continuous basis.</DELETED>
<DELETED> ``(5) Enforcements.--Any railroad operating a
positive train control system classified under Federal Railroad
Administration Type Approval number FRA-TA-2010-001 or FRA-TA-
2013-003 shall begin submitting the metric required under
paragraph (2)(D) not later than January 31, 2023.''.</DELETED>
<DELETED>SEC. 2415. SPEED LIMIT ACTION PLANS.</DELETED>
<DELETED> (a) Codification of, and Amendment to, Section 11406 of
the FAST Act.--Subchapter II of chapter 201 of subtitle V of title 49,
United States Code, is amended by inserting after section 20168 the
following:</DELETED>
<DELETED>``Sec. 20169. Speed limit action plans</DELETED>
<DELETED> ``(a) In General.--Not later than March 3, 2016, each
railroad carrier providing intercity rail passenger transportation or
commuter rail passenger transportation, in consultation with any
applicable host railroad carrier, shall survey its entire system and
identify each main track location where there is a reduction of more
than 20 miles per hour from the approach speed to a curve, bridge, or
tunnel and the maximum authorized operating speed for passenger trains
at that curve, bridge, or tunnel.</DELETED>
<DELETED> ``(b) Action Plans.--Not later than 120 days after the
date that the survey under subsection (a) is complete, a railroad
carrier described in subsection (a) shall submit to the Secretary of
Transportation an action plan that--</DELETED>
<DELETED> ``(1) identifies each main track location where
there is a reduction of more than 20 miles per hour from the
approach speed to a curve, bridge, or tunnel and the maximum
authorized operating speed for passenger trains at that curve,
bridge, or tunnel;</DELETED>
<DELETED> ``(2) describes appropriate actions to enable
warning and enforcement of the maximum authorized speed for
passenger trains at each location identified under paragraph
(1), including--</DELETED>
<DELETED> ``(A) modification to automatic train
control systems, if applicable, or other signal
systems;</DELETED>
<DELETED> ``(B) increased crew size;</DELETED>
<DELETED> ``(C) installation of signage alerting
train crews of the maximum authorized speed for
passenger trains in each location identified under
paragraph (1);</DELETED>
<DELETED> ``(D) installation of alerters;</DELETED>
<DELETED> ``(E) increased crew communication;
and</DELETED>
<DELETED> ``(F) other practices;</DELETED>
<DELETED> ``(3) contains milestones and target dates for
implementing each appropriate action described under paragraph
(2); and</DELETED>
<DELETED> ``(4) ensures compliance with the maximum
authorized speed at each location identified under paragraph
(1).</DELETED>
<DELETED> ``(c) Approval.--Not later than 90 days after the date on
which an action plan is submitted under subsection (b) or (d)(2), the
Secretary shall approve, approve with conditions, or disapprove the
action plan.</DELETED>
<DELETED> ``(d) Periodic Reviews and Updates.--Each railroad carrier
that submits an action plan to the Secretary pursuant to subsection (b)
shall--</DELETED>
<DELETED> ``(1) not later than 1 year after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act
of 2021, and annually thereafter, review such plan to ensure
the effectiveness of actions taken to enable warning and
enforcement of the maximum authorized speed for passenger
trains at each location identified pursuant to subsection
(b)(1); and</DELETED>
<DELETED> ``(2) not later than 90 days before implementing
any significant operational or territorial operating change,
including initiating a new service or route, submit to the
Secretary a revised action plan, after consultation with any
applicable host railroad, that addresses such operational or
territorial operating change.</DELETED>
<DELETED> ``(e) New Service.--If a railroad carrier providing
intercity rail passenger transportation or commuter rail passenger
transportation did not exist on the date of enactment of the FAST Act
(Public Law 114-94; 129 Stat. 1312), such railroad carrier, in
consultation with any applicable host railroad carrier, shall--
</DELETED>
<DELETED> ``(1) survey its routes pursuant to subsection (a)
not later than 90 days after the date of enactment of the
Passenger Rail Expansion and Rail Safety Act of 2021;
and</DELETED>
<DELETED> ``(2) develop an action plan pursuant to
subsection (b) not later than 120 days after the date on which
such survey is complete.</DELETED>
<DELETED> ``(f) Alternative Safety Measures.--The Secretary may
exempt from the requirements under this section each segment of track
for which operations are governed by a positive train control system
certified under section 20157, or any other safety technology or
practice that would achieve an equivalent or greater level of safety in
reducing derailment risk.</DELETED>
<DELETED> ``(g) Prohibition.--No new intercity or commuter rail
passenger service may begin operation unless the railroad carrier
providing such service is in compliance with the requirements under
this section.</DELETED>
<DELETED> ``(h) Savings Clause.--Nothing in this section may be
construed to prohibit the Secretary from applying the requirements
under this section to other segments of track at high risk of overspeed
derailment.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 201 of
subtitle V of title 49, United States Code, is amended by adding at the
end the following:</DELETED>
<DELETED>``20169. Speed limit action plans.''.
<DELETED>SEC. 2416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION
PLAN.</DELETED>
<DELETED> (a) In General.--Subchapter II of chapter 201 of subtitle
V of title 49, United States Code, as amended by section 2415, is
further amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 20170. Pre-revenue service safety validation
plan</DELETED>
<DELETED> ``(a) Plan Submission.--Any railroad providing new,
regularly scheduled, intercity or commuter rail passenger
transportation, an extension of existing service, or a renewal of
service that has been discontinued for more than 180 days shall develop
and submit for review a comprehensive pre-revenue service safety
validation plan to the Secretary of Transportation not later than 60
days before initiating such revenue service. Such plan shall include
pertinent safety milestones and a minimum period of simulated revenue
service to ensure operational readiness and that all safety sensitive
personnel are properly trained and qualified.</DELETED>
<DELETED> ``(b) Compliance.--After submitting a plan pursuant to
subsection (a), the railroad shall adopt and comply with such plan and
may not amend the plan without first notifying the Secretary of the
proposed amendment. Revenue service may not begin until the railroad
has completed the requirements of its plan, including the minimum
simulated service period required by the plan.</DELETED>
<DELETED> ``(c) Rulemaking.--The Secretary shall promulgate
regulations to carry out this section, including--</DELETED>
<DELETED> ``(1) requiring that any identified safety
deficiencies be addressed and corrected before the initiation
of revenue service; and</DELETED>
<DELETED> ``(2) establishing appropriate deadlines to enable
the Secretary to review and approve the pre-revenue service
safety validation plan to ensure that service is not unduly
delayed.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 201 of
title 49, United States Code, as amended by section 2415(b), is further
amended by adding at the end the following:</DELETED>
<DELETED>``20170. Pre-revenue service safety validation plan.''.
<DELETED>SEC. 2417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND
INCIDENT INVESTIGATIONS.</DELETED>
<DELETED> Section 20902 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (b) by striking ``subpena'' and
inserting ``subpoena''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(d) Gathering Information and Technical Expertise.--
</DELETED>
<DELETED> ``(1) In general.--The Secretary shall create a
standard process for investigators to use during accident and
incident investigations conducted under this section for
determining when it is appropriate and the appropriate method
for--</DELETED>
<DELETED> ``(A) gathering information about an
accident or incident under investigation from railroad
carriers, contractors or employees of railroad carriers
or representatives of employees of railroad carriers,
and others, as determined relevant by the Secretary;
and</DELETED>
<DELETED> ``(B) consulting with railroad carriers,
contractors or employees of railroad carriers or
representatives of employees of railroad carriers, and
others, as determined relevant by the Secretary, for
technical expertise on the facts of the accident or
incident under investigation.</DELETED>
<DELETED> ``(2) Confidentiality.--In developing the process
required under paragraph (1), the Secretary shall factor in
ways to maintain the confidentiality of any entity identified
under paragraph (1) if--</DELETED>
<DELETED> ``(A) such entity requests
confidentiality;</DELETED>
<DELETED> ``(B) such entity was not involved in the
accident or incident; and</DELETED>
<DELETED> ``(C) maintaining such entity's
confidentiality does not adversely affect an
investigation of the Federal Railroad
Administration.</DELETED>
<DELETED> ``(3) Applicability.--This subsection shall not
apply to any investigation carried out by the National
Transportation Safety Board.''.</DELETED>
<DELETED>SEC. 2418. CIVIL PENALTY ENFORCEMENT AUTHORITY.</DELETED>
<DELETED> Section 21301(a) of title 49, United States Code, is
amended by striking paragraph (3) and inserting the
following:</DELETED>
<DELETED> ``(3) The Secretary may find that a person has violated
this chapter or a regulation prescribed or order, special permit, or
approval issued under this chapter only after notice and an opportunity
for a hearing. The Secretary shall impose a penalty under this section
by giving the person written notice of the amount of the penalty. The
Secretary may compromise the amount of a civil penalty by settlement
agreement without issuance of an order. In determining the amount of a
compromise, the Secretary shall consider--</DELETED>
<DELETED> ``(A) the nature, circumstances, extent, and
gravity of the violation;</DELETED>
<DELETED> ``(B) with respect to the violator, the degree of
culpability, any history of violations, the ability to pay, and
any effect on the ability to continue to do business;
and</DELETED>
<DELETED> ``(C) other matters that justice
requires.</DELETED>
<DELETED> ``(4) The Attorney General may bring a civil action in an
appropriate district court of the United States to collect a civil
penalty imposed or compromise under this section and any accrued
interest on the civil penalty. In the civil action, the amount and
appropriateness of the civil penalty shall not be subject to
review.''.</DELETED>
<DELETED>SEC. 2419. ADVANCING SAFETY AND INNOVATIVE
TECHNOLOGY.</DELETED>
<DELETED> (a) In General.--Section 26103 of title 49, United States
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 26103. Safety regulations and evaluation</DELETED>
<DELETED> ``The Secretary shall--</DELETED>
<DELETED> ``(1) promulgate such safety regulations as may be
necessary for high-speed rail services; and</DELETED>
<DELETED> ``(2) before promulgating such regulations,
consult with developers of new high-speed rail technologies to
develop a method for evaluating safety
performance.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 261 of
title 49, United States Code, is amended by striking the item relating
to section 26103 and inserting the following:</DELETED>
<DELETED>``26103. Safety regulations and evaluation.''.
<DELETED>SEC. 2420. PASSENGER RAIL VEHICLE OCCUPANT PROTECTION
SYSTEMS.</DELETED>
<DELETED> (a) Study.--The Administrator of the Federal Railroad
Administration shall conduct a study of the potential installation and
use in new passenger rail rolling stock of passenger rail vehicle
occupant protection systems that could materially improve passenger
safety.</DELETED>
<DELETED> (b) Considerations.--In conducting the study under
subsection (a), the Administrator shall consider minimizing the risk of
secondary collisions, including estimating the costs and benefits of
the new requirements, through the use of--</DELETED>
<DELETED> (1) occupant restraint systems;</DELETED>
<DELETED> (2) air bags;</DELETED>
<DELETED> (3) emergency window retention systems;
and</DELETED>
<DELETED> (4) interior designs, including seats, baggage
restraints, and table configurations and attachments.</DELETED>
<DELETED> (c) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall--</DELETED>
<DELETED> (1) submit a report summarizing the findings of
the study conducted pursuant to subsection (a) to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives; and</DELETED>
<DELETED> (2) publish such report on the website of the
Federal Railroad Administration.</DELETED>
<DELETED> (d) Rulemaking.--Following the completion of the study
required under subsection (a), and after considering the costs and
benefits of the proposed protection systems, the Administrator may
promulgate a rule that establishes standards for the use of occupant
protection systems in new passenger rail rolling stock.</DELETED>
<DELETED>SEC. 2421. FEDERAL RAILROAD ADMINISTRATION SAFETY
REPORTING.</DELETED>
<DELETED> Not later than 1 year after the date of enactment of this
Act, and annually thereafter for the following 4 years, the Secretary
shall update Special Study Block 49 on Form FRA F 6180.54 (Rail
Equipment Accident/Incident Report) to collect, with respect to trains
involved in accidents required to be reported to the Federal Railroad
Administration--</DELETED>
<DELETED> (1) the number of cars and length of the involved
trains; and</DELETED>
<DELETED> (2) the number of crew members who were aboard a
controlling locomotive involved in an accident at the time of
such accident.</DELETED>
<DELETED>SEC. 2422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN
7,500 FEET.</DELETED>
<DELETED> (a) Study.--The Secretary shall seek to enter into an
agreement with the National Academies to conduct a study on the
operation of freight trains that are longer than 7,500 feet.</DELETED>
<DELETED> (b) Elements.--The study conducted pursuant to subsection
(a) shall--</DELETED>
<DELETED> (1) examine any potential impacts to safety from
the operation of freight trains that are longer than 7,500 feet
and the mitigation of any identified risks, including--
</DELETED>
<DELETED> (A) any potential changes in the risk of
loss of communications between the end of train device
and the locomotive cab, including communications over
differing terrains and conditions;</DELETED>
<DELETED> (B) any potential changes in the risk of
loss of radio communications between crew members when
a crew member alights from the train, including
communications over differing terrains and
conditions;</DELETED>
<DELETED> (C) any potential changes in the risk of
derailments, including any risks associated with in-
train compressive forces and slack action or other
safety risks in the operations of such trains in
differing terrains and conditions;</DELETED>
<DELETED> (D) any potential impacts associated with
the deployment of multiple distributed power units in
the consists of such trains; and</DELETED>
<DELETED> (E) any potential impacts on braking and
locomotive performance and track wear and
tear;</DELETED>
<DELETED> (2) evaluate any impacts on scheduling and
efficiency of passenger operations and in the shipping of goods
by freight as a result of longer trains;</DELETED>
<DELETED> (3) determine whether additional engineer and
conductor training is required for safely operating such
trains;</DELETED>
<DELETED> (4) assess the potential impact on the amount of
time and frequency of occurrence highway-rail grade crossings
are occupied; and</DELETED>
<DELETED> (5) identify any potential environmental impacts,
including greenhouse gas emissions, that have resulted from the
operation of longer trains.</DELETED>
<DELETED> (c) Comparison.--When evaluating the potential impacts of
the operation of trains longer than 7,500 feet under subsection (b),
the impacts of such trains shall be compared to the impacts of trains
that are shorter than 7,500 feet, after taking into account train
frequency.</DELETED>
<DELETED> (d) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that contains the results of the study conducted by the
National Academies under this section.</DELETED>
<DELETED> (e) Funding.--From the amounts appropriated for fiscal
year 2021 pursuant to the authorization under section 20117(a) of title
49, United States Code, the Secretary shall expend not less than
$1,000,000 and not more than $2,000,000 to carry out the study required
under this section.</DELETED>
<DELETED>SEC. 2423. HIGH-SPEED TRAIN NOISE EMISSIONS.</DELETED>
<DELETED> (a) In General.--Section 17 of the Noise Control Act of
1972 (42 U.S.C. 4916) is amended--</DELETED>
<DELETED> (1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and</DELETED>
<DELETED> (2) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(c) High-Speed Train Noise Emissions.--</DELETED>
<DELETED> ``(1) In general.--The Secretary of
Transportation, in consultation with the Administrator, may
prescribe regulations governing railroad-related noise emission
standards for trains operating on the general railroad system
of transportation at speeds exceeding 160 miles per hour,
including noise related to magnetic levitation systems and
other new technologies not traditionally associated with
railroads.</DELETED>
<DELETED> ``(2) Factors in rulemaking.--The regulations
prescribed pursuant to paragraph (1) may--</DELETED>
<DELETED> ``(A) consider variances in maximum pass-
by noise with respect to the speed of the
equipment;</DELETED>
<DELETED> ``(B) account for current engineering best
practices; and</DELETED>
<DELETED> ``(C) encourage the use of noise
mitigation techniques to the extent reasonable if the
benefits exceed the costs.</DELETED>
<DELETED> ``(3) Conventional-speed trains.--Railroad-related
noise regulations prescribed under subsection (a) shall
continue to govern noise emissions from the operation of
trains, including locomotives and rail cars, when operating at
speeds not exceeding 160 miles per hour.''.</DELETED>
<DELETED> (b) Technical Amendment.--The second sentence of section
17(b) of the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended
by striking ``the Safety Appliance Acts, the Interstate Commerce Act,
and the Department of Transportation Act'' and inserting ``subtitle V
of title 49, United States Code''.</DELETED>
<DELETED>SEC. 2424. CRITICAL INCIDENT STRESS PLANS.</DELETED>
<DELETED> The Secretary shall amend part 272 of title 49, Code of
Federal Regulations, to the extent necessary to ensure that--</DELETED>
<DELETED> (1) the coverage of a critical incident stress
plan under section 272.7 of such part includes employees of
commuter railroads and intercity passenger railroads (as such
terms are defined in section 272.9 of such part), including
employees who directly interact with passengers; and</DELETED>
<DELETED> (2) an assault against an employee requiring
medical attention is included in the definition of critical
incident under section 272.9 of such part.</DELETED>
<DELETED>TITLE III--MOTOR CARRIER SAFETY</DELETED>
<DELETED>SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) Administrative Expenses.--Section 31110 of title 49,
United States Code, is amended by striking subsection (a) and inserting
the following:</DELETED>
<DELETED> ``(a) Administrative Expenses.--There are 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--</DELETED>
<DELETED> ``(1) $360,000,000 for fiscal year 2022;</DELETED>
<DELETED> ``(2) $367,500,000 for fiscal year 2023;</DELETED>
<DELETED> ``(3) $375,000,000 for fiscal year 2024;</DELETED>
<DELETED> ``(4) $382,500,000 for fiscal year 2025;
and</DELETED>
<DELETED> ``(5) $390,000,000 for fiscal year
2026.''.</DELETED>
<DELETED> (b) Financial Assistance Programs.--Section 31104 of title
49, United States Code, is amended--</DELETED>
<DELETED> (1) by striking subsection (a) and inserting the
following:</DELETED>
<DELETED> ``(a) Financial Assistance Programs.--There are authorized
to be appropriated from the Highway Trust Fund (other than the Mass
Transit Account)--</DELETED>
<DELETED> ``(1) subject to subsection (c), to carry out the
motor carrier safety assistance program under section 31102
(other than the high priority program under subsection (l) of
that section)--</DELETED>
<DELETED> ``(A) $390,500,000 for fiscal year
2022;</DELETED>
<DELETED> ``(B) $398,500,000 for fiscal year
2023;</DELETED>
<DELETED> ``(C) $406,500,000 for fiscal year
2024;</DELETED>
<DELETED> ``(D) $414,500,000 for fiscal year 2025;
and</DELETED>
<DELETED> ``(E) $422,500,000 for fiscal year
2026;</DELETED>
<DELETED> ``(2) subject to subsection (c), to carry out the
high priority program under section 31102(l) (other than the
commercial motor vehicle enforcement training and support grant
program under paragraph (5) of that section)--</DELETED>
<DELETED> ``(A) $57,600,000 for fiscal year
2022;</DELETED>
<DELETED> ``(B) $58,800,000 for fiscal year
2023;</DELETED>
<DELETED> ``(C) $60,000,000 for fiscal year
2024;</DELETED>
<DELETED> ``(D) $61,200,000 for fiscal year 2025;
and</DELETED>
<DELETED> ``(E) $62,400,000 for fiscal year
2026;</DELETED>
<DELETED> ``(3) to carry out the commercial motor vehicle
enforcement training and support grant program under section
31102(l)(5), $5,000,000 for each of fiscal years 2022 through
2026;</DELETED>
<DELETED> ``(4) to carry out the commercial motor vehicle
operators grant program under section 31103--</DELETED>
<DELETED> ``(A) $1,100,000 for fiscal year
2022;</DELETED>
<DELETED> ``(B) $1,200,000 for fiscal year
2023;</DELETED>
<DELETED> ``(C) $1,300,000 for fiscal year
2024;</DELETED>
<DELETED> ``(D) $1,400,000 for fiscal year 2025;
and</DELETED>
<DELETED> ``(E) $1,500,000 for fiscal year 2026;
and</DELETED>
<DELETED> ``(5) subject to subsection (c), to carry out the
financial assistance program for commercial driver's license
implementation under section 31313--</DELETED>
<DELETED> ``(A) $41,800,000 for fiscal year
2022;</DELETED>
<DELETED> ``(B) $42,650,000 for fiscal year
2023;</DELETED>
<DELETED> ``(C) $43,500,000 for fiscal year
2024;</DELETED>
<DELETED> ``(D) $44,350,000 for fiscal year 2025;
and</DELETED>
<DELETED> ``(E) $45,200,000 for fiscal year
2026.'';</DELETED>
<DELETED> (2) in subsection (b)(2)--</DELETED>
<DELETED> (A) in the third sentence, by striking
``The Secretary'' and inserting the
following:</DELETED>
<DELETED> ``(C) In-kind contributions.--The
Secretary'';</DELETED>
<DELETED> (B) in the second sentence, by striking
``The Secretary'' and inserting the
following:</DELETED>
<DELETED> ``(B) Limitation.--The
Secretary'';</DELETED>
<DELETED> (C) in the first sentence--</DELETED>
<DELETED> (i) by inserting ``(except
subsection (l)(5) of that section)'' after
``section 31102''; and</DELETED>
<DELETED> (ii) by striking ``The Secretary''
and inserting the following:</DELETED>
<DELETED> ``(A) Reimbursement percentage.--
</DELETED>
<DELETED> ``(i) In general.--The
Secretary''; and</DELETED>
<DELETED> (D) in subparagraph (A) (as so
designated), by adding at the end the
following:</DELETED>
<DELETED> ``(ii) Commercial motor vehicle
enforcement training and support grant
program.--The Secretary shall reimburse a
recipient, in accordance with a financial
assistance agreement made under section
31102(l)(5), an amount that is equal to 100
percent of the costs incurred by the recipient
in a fiscal year in developing and implementing
a training program under that
section.'';</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in the subsection heading, by striking
``Partner Training and'';</DELETED>
<DELETED> (B) in the first sentence--</DELETED>
<DELETED> (i) by striking ``(4)'' and
inserting ``(5)''; and</DELETED>
<DELETED> (ii) by striking ``partner
training and''; and</DELETED>
<DELETED> (C) by striking the second
sentence;</DELETED>
<DELETED> (4) in subsection (f)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``for
the next fiscal year'' and inserting ``for the next 2
fiscal years'';</DELETED>
<DELETED> (B) in paragraph (4), by striking ``for
the next fiscal year'' and inserting ``for the next 2
fiscal years'';</DELETED>
<DELETED> (C) by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively;
and</DELETED>
<DELETED> (D) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) For grants made for carrying out section
31102(l)(5), for the fiscal year in which the Secretary
approves the financial assistance agreement and for the next 4
fiscal years.''; and</DELETED>
<DELETED> (5) in subsection (i)--</DELETED>
<DELETED> (A) by striking ``Amounts not expended''
and inserting the following:</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), amounts not expended''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(2) Motor carrier safety assistance program.--
Amounts made available for the motor carrier safety assistance
program established under section 31102 (other than amounts
made available to carry out section 31102(l)) that are not
expended by a recipient during the period of availability shall
be released back to the Secretary for reallocation under that
program.''.</DELETED>
<DELETED> (c) Enforcement Data Updates.--Section 31102(h)(2)(A) of
title 49, United States Code, is amended by striking ``2004 and 2005''
and inserting ``2014 and 2015''.</DELETED>
<DELETED>SEC. 3002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.</DELETED>
<DELETED> Section 4144 of the SAFETEA-LU (49 U.S.C. 31100 note;
Public Law 109-59) is amended--</DELETED>
<DELETED> (1) in subsection (b)(1), in the second sentence,
by inserting ``, including small business motor carriers''
after ``industry''; and</DELETED>
<DELETED> (2) in subsection (d), by striking ``September 30,
2013'' and inserting ``September 30, 2025''.</DELETED>
<DELETED>SEC. 3003. COMBATING HUMAN TRAFFICKING.</DELETED>
<DELETED> Section 31102(l) of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (G)(ii), by striking
``and'' at the end;</DELETED>
<DELETED> (B) by redesignating subparagraph (H) as
subparagraph (J); and</DELETED>
<DELETED> (C) by inserting after subparagraph (G)
the following:</DELETED>
<DELETED> ``(H) support, through the use of funds
otherwise available for such purposes--</DELETED>
<DELETED> ``(i) the recognition, prevention,
and reporting of human trafficking, including
the trafficking of human beings--</DELETED>
<DELETED> ``(I) in a commercial
motor vehicle; or</DELETED>
<DELETED> ``(II) by any occupant,
including the operator, of a commercial
motor vehicle;</DELETED>
<DELETED> ``(ii) the detection of criminal
activity or any other violation of law relating
to human trafficking; and</DELETED>
<DELETED> ``(iii) enforcement of laws
relating to human trafficking;</DELETED>
<DELETED> ``(I) otherwise support the recognition,
prevention, and reporting of human trafficking; and'';
and</DELETED>
<DELETED> (2) in paragraph (3)(D)--</DELETED>
<DELETED> (A) in clause (ii), by striking ``and'' at
the end;</DELETED>
<DELETED> (B) in clause (iii), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(iv) for the detection of, and
enforcement actions taken as a result of,
criminal activity (including the trafficking of
human beings)--</DELETED>
<DELETED> ``(I) in a commercial
motor vehicle; or</DELETED>
<DELETED> ``(II) by any occupant,
including the operator, of a commercial
motor vehicle; and</DELETED>
<DELETED> ``(v) in addition to any funds
otherwise made available for the recognition,
prevention, and reporting of human trafficking,
to support the recognition, prevention, and
reporting of human trafficking.''.</DELETED>
<DELETED>SEC. 3004. IMMOBILIZATION GRANT PROGRAM.</DELETED>
<DELETED> Section 31102(l) of title 49, United States Code, is
amended by adding at the end the following:</DELETED>
<DELETED> ``(4) Immobilization grant program.--</DELETED>
<DELETED> ``(A) Definition of passenger-carrying
commercial motor vehicle.--In this paragraph, the term
`passenger-carrying commercial motor vehicle' has the
meaning given the term `commercial motor vehicle' in
section 31301.</DELETED>
<DELETED> ``(B) Establishment.--The Secretary shall
establish an immobilization grant program under which
the Secretary shall provide to States discretionary
grants for the immobilization or impoundment of
passenger-carrying commercial motor vehicles that--
</DELETED>
<DELETED> ``(i) are determined to be unsafe;
or</DELETED>
<DELETED> ``(ii) fail inspection.</DELETED>
<DELETED> ``(C) List of criteria for
immobilization.--The Secretary, in consultation with
State commercial motor vehicle entities, shall develop
a list of commercial motor vehicle safety violations
and defects that the Secretary determines warrant the
immediate immobilization of a passenger-carrying
commercial motor vehicle.</DELETED>
<DELETED> ``(D) Eligibility.--A State shall be
eligible to receive a grant under this paragraph only
if the State has the authority to require the
immobilization or impoundment of a passenger-carrying
commercial motor vehicle--</DELETED>
<DELETED> ``(i) with respect to which a
motor vehicle safety violation included in the
list developed under subparagraph (C) is
determined to exist; or</DELETED>
<DELETED> ``(ii) that is determined to have
a defect included in that list.</DELETED>
<DELETED> ``(E) Use of funds.--A grant provided
under this paragraph may be used for--</DELETED>
<DELETED> ``(i) the immobilization or
impoundment of passenger-carrying commercial
motor vehicles described in subparagraph
(D);</DELETED>
<DELETED> ``(ii) safety inspections of those
passenger-carrying commercial motor vehicles;
and</DELETED>
<DELETED> ``(iii) any other activity
relating to an activity described in clause (i)
or (ii), as determined by the
Secretary.</DELETED>
<DELETED> ``(F) Secretary authorization.--The
Secretary may provide to a State amounts for the costs
associated with carrying out an immobilization program
using funds made available under section
31104(a)(2).''.</DELETED>
<DELETED>SEC. 3005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND
SUPPORT.</DELETED>
<DELETED> Section 31102(l) of title 49, United States Code (as
amended by section 3004), is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``(2) and (3)''
and inserting ``(2) through (5)'';</DELETED>
<DELETED> (2) in paragraph (3)(E), by striking ``sections
31104(a)(1) and 31104(a)(2)'' and inserting ``paragraphs (1)
and (2)(A) of section 31104(a)''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(5) Commercial motor vehicle enforcement
training and support grant program.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
administer a commercial motor vehicle enforcement
training and support grant program funded under section
31104(a)(2)(B), under which the Secretary shall make
discretionary grants to eligible entities described in
subparagraph (C) for the purposes described in
subparagraph (B).</DELETED>
<DELETED> ``(B) Purposes.--The purposes of the grant
program under subparagraph (A) are--</DELETED>
<DELETED> ``(i) to train non-Federal
employees who conduct commercial motor vehicle
enforcement activities; and</DELETED>
<DELETED> ``(ii) to develop related training
materials.</DELETED>
<DELETED> ``(C) Eligible entities.--An entity
eligible for a discretionary grant under the program
described in subparagraph (A) is a nonprofit
organization that has--</DELETED>
<DELETED> ``(i) expertise in conducting a
training program for non-Federal employees;
and</DELETED>
<DELETED> ``(ii) the ability to reach and
involve in a training program a target
population of commercial motor vehicle safety
enforcement employees.''.</DELETED>
<DELETED>SEC. 3006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH
CAUSATION.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Commercial motor vehicle.--The term
``commercial motor vehicle'' has the meaning given the term in
section 31132 of title 49, United States Code.</DELETED>
<DELETED> (2) Study.--The term ``study'' means the study
carried out under subsection (b).</DELETED>
<DELETED> (b) Study.--The Secretary shall carry out a comprehensive
study--</DELETED>
<DELETED> (1) to determine the causes of, and contributing
factors to, crashes that involve a commercial motor vehicle;
and</DELETED>
<DELETED> (2) to identify data requirements, data collection
procedures, reports, and any other measures that can be used to
improve the ability of States and the Secretary--</DELETED>
<DELETED> (A) to evaluate future crashes involving
commercial motor vehicles;</DELETED>
<DELETED> (B) to monitor crash trends and identify
causes and contributing factors; and</DELETED>
<DELETED> (C) to develop effective safety
improvement policies and programs.</DELETED>
<DELETED> (c) Design.--The study shall be designed to yield
information that can be used to help policy makers, regulators, and law
enforcement identify activities and other measures that are likely to
lead to reductions in--</DELETED>
<DELETED> (1) the frequency of crashes involving a
commercial motor vehicle;</DELETED>
<DELETED> (2) the severity of crashes involving a commercial
motor vehicle; and</DELETED>
<DELETED> (3) fatalities and injuries.</DELETED>
<DELETED> (d) Consultation.--In designing and carrying out the
study, the Secretary may consult with individuals or entities with
expertise on--</DELETED>
<DELETED> (1) crash causation and prevention;</DELETED>
<DELETED> (2) commercial motor vehicles, commercial drivers,
and motor carriers, including passenger carriers;</DELETED>
<DELETED> (3) highways and noncommercial motor vehicles and
drivers;</DELETED>
<DELETED> (4) Federal and State highway and motor carrier
safety programs;</DELETED>
<DELETED> (5) research methods and statistical analysis;
and</DELETED>
<DELETED> (6) other relevant topics, as determined by the
Secretary.</DELETED>
<DELETED> (e) Public Comment.--The Secretary shall make available
for public comment information about the objectives, methodology,
implementation, findings, and other aspects of the study.</DELETED>
<DELETED> (f) Reports.--As soon as practicable after the date on
which the study is completed, the Secretary shall submit to Congress a
report describing the results of the study and any legislative
recommendations to facilitate reductions in the matters described in
paragraphs (1) through (3) of subsection (c).</DELETED>
<DELETED>SEC. 3007. PROMOTING WOMEN IN THE TRUCKING
WORKFORCE.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) women make up 47 percent of the workforce of
the United States;</DELETED>
<DELETED> (2) women are significantly underrepresented in
the trucking industry, holding only 24 percent of all
transportation and warehousing jobs and representing only--
</DELETED>
<DELETED> (A) 6.6 percent of truck
drivers;</DELETED>
<DELETED> (B) 12.5 percent of all workers in truck
transportation; and</DELETED>
<DELETED> (C) 8 percent of freight firm
owners;</DELETED>
<DELETED> (3) given the total number of women truck drivers,
women are underrepresented in the truck-driving workforce;
and</DELETED>
<DELETED> (4) women truck drivers have been shown to be 20
percent less likely than male counterparts to be involved in a
crash.</DELETED>
<DELETED> (b) Sense of Congress Regarding Women in Trucking.--It is
the sense of Congress that the trucking industry should explore every
opportunity to encourage and support the pursuit and retention of
careers in trucking by women, including through programs that support
recruitment, driver training, and mentorship.</DELETED>
<DELETED> (c) Definitions.--In this section:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of the Federal Motor Carrier Safety
Administration.</DELETED>
<DELETED> (2) Board.--The term ``Board'' means the Women of
Trucking Advisory Board established under subsection
(d)(1).</DELETED>
<DELETED> (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 more than 100 power
units.</DELETED>
<DELETED> (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 not fewer
than 11 power units and not more than 100 power
units.</DELETED>
<DELETED> (5) Power unit.--The term ``power unit'' means a
self-propelled vehicle under the jurisdiction of the Federal
Motor Carrier Safety Administration.</DELETED>
<DELETED> (6) Small trucking company.--The term ``small
trucking company'' means a motor carrier (as defined in section
13102 of title 49, United States Code) with not fewer than 1
power unit and not more than 10 power units.</DELETED>
<DELETED> (d) Women of Trucking Advisory Board.--</DELETED>
<DELETED> (1) 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 review and report on policies
that--</DELETED>
<DELETED> (A) provide education, training,
mentorship, or outreach to women in the trucking
industry; and</DELETED>
<DELETED> (B) recruit, retain, or advance women in
the trucking industry.</DELETED>
<DELETED> (2) Membership.--</DELETED>
<DELETED> (A) In general.--The Board shall be
composed of not fewer than 8 members whose backgrounds,
experience, and certifications allow those members to
contribute balanced points of view and diverse ideas
regarding the matters described in paragraph
(3)(B).</DELETED>
<DELETED> (B) Appointment.--</DELETED>
<DELETED> (i) In general.--Not later than
270 days after the date of enactment of this
Act, the Administrator shall appoint the
members of the Board, of whom--</DELETED>
<DELETED> (I) not fewer than 1 shall
be a representative of large trucking
companies;</DELETED>
<DELETED> (II) not fewer than 1
shall be a representative of mid-sized
trucking companies;</DELETED>
<DELETED> (III) not fewer than 1
shall be a representative of small
trucking companies;</DELETED>
<DELETED> (IV) not fewer than 1
shall be a representative of nonprofit
organizations in the trucking
industry;</DELETED>
<DELETED> (V) not fewer than 1 shall
be a representative of trucking
business associations;</DELETED>
<DELETED> (VI) not fewer than 1
shall be a representative of
independent owner-operators;</DELETED>
<DELETED> (VII) not fewer than 1
shall be a woman who is a professional
truck driver; and</DELETED>
<DELETED> (VIII) not fewer than 1
shall be a representative of an
institution of higher education or
trucking trade school.</DELETED>
<DELETED> (ii) Diversity.--A member of the
Board appointed under any of subclauses (I)
through (VIII) of clause (i) may not be
appointed under any other subclause of that
clause.</DELETED>
<DELETED> (C) Terms.--Each member shall be appointed
for the life of the Board.</DELETED>
<DELETED> (D) Compensation.--A member of the Board
shall serve without compensation.</DELETED>
<DELETED> (3) Duties.--</DELETED>
<DELETED> (A) In general.--The Board shall
identify--</DELETED>
<DELETED> (i) barriers and industry trends
that directly or indirectly discourage women
from pursuing and retaining careers in
trucking, including--</DELETED>
<DELETED> (I) any particular
barriers and trends that impact women
minority groups;</DELETED>
<DELETED> (II) any particular
barriers and trends that impact women
who live in rural, suburban, or urban
areas; and</DELETED>
<DELETED> (III) any safety risks
unique to women in the trucking
industry;</DELETED>
<DELETED> (ii) ways in which the functions
of trucking companies, nonprofit organizations,
training and education providers, and trucking
associations may be coordinated to facilitate
support for women pursuing careers in
trucking;</DELETED>
<DELETED> (iii) opportunities to expand
existing opportunities for women in the
trucking industry; and</DELETED>
<DELETED> (iv) opportunities to enhance
trucking training, mentorship, education, and
advancement and outreach programs that would
increase the number of women in the trucking
industry.</DELETED>
<DELETED> (B) Report.--Not later than 2 years after
the date of enactment of this Act, the Board shall
submit to the Administrator a report containing the
findings and recommendations of the Board, including
recommendations that companies, associations,
institutions, other organizations, or the Administrator
may adopt--</DELETED>
<DELETED> (i) to address any industry trends
identified under subparagraph (A)(i);</DELETED>
<DELETED> (ii) to coordinate the functions
of trucking companies, nonprofit organizations,
and trucking associations in a manner that
facilitates support for women pursuing careers
in trucking;</DELETED>
<DELETED> (iii)(I) to take advantage of any
opportunities identified under subparagraph
(A)(iii); and</DELETED>
<DELETED> (II) to create new opportunities
to expand existing scholarship opportunities
for women in the trucking industry;
and</DELETED>
<DELETED> (iv) to enhance trucking training,
mentorship, education, and outreach programs
that are exclusive to women.</DELETED>
<DELETED> (4) Report to congress.--</DELETED>
<DELETED> (A) In general.--Not later than 3 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--
</DELETED>
<DELETED> (i) the findings and
recommendations of the Board under paragraph
(3)(B); and</DELETED>
<DELETED> (ii) any actions taken by the
Administrator to adopt the recommendations of
the Board (or an explanation of the reasons for
not adopting the recommendations).</DELETED>
<DELETED> (B) Public availability.--The
Administrator shall make the report under subparagraph
(A) publicly available--</DELETED>
<DELETED> (i) on the website of the Federal
Motor Carrier Safety Administration;
and</DELETED>
<DELETED> (ii) in appropriate offices of the
Federal Motor Carrier Safety
Administration.</DELETED>
<DELETED> (5) Termination.--The Board shall terminate on
submission of the report to Congress under paragraph
(4).</DELETED>
<DELETED>SEC. 3008. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL
MOTOR VEHICLES.</DELETED>
<DELETED> (a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall solicit additional comment
on the advance notice of proposed rulemaking entitled ``State
Inspection Programs for Passenger-Carrier Vehicles'' (81 Fed. Reg.
24769 (April 27, 2016)).</DELETED>
<DELETED> (b) Final Rule.--</DELETED>
<DELETED> (1) In general.--After reviewing all comments
received in response to the solicitation under subsection (a),
if the Secretary determines that data and information exist to
support moving forward with a final rulemaking action, the
Secretary shall issue a final rule relating to the advance
notice of proposed rulemaking described in that
subsection.</DELETED>
<DELETED> (2) Considerations.--In determining whether to
issue a final rule under paragraph (1), the Secretary shall
consider the impact of continuing to allow self-inspection as a
means to satisfy periodic inspection requirements on the safety
of passenger carrier operations.</DELETED>
<DELETED>SEC. 3009. TRUCK LEASING TASK FORCE.</DELETED>
<DELETED> (a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with the
Secretary of Labor, shall establish a task force, to be known as the
``Truck Leasing Task Force'' (referred to in this section as the ``Task
Force'').</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (1) In general.--The Secretary shall select not
more than 10 individuals to serve as members of the Task Force,
including at least 1 representative from each of the
following:</DELETED>
<DELETED> (A) Labor organizations.</DELETED>
<DELETED> (B) Motor carriers that provide lease-
purchase agreements to owner-operators.</DELETED>
<DELETED> (C) Consumer protection groups.</DELETED>
<DELETED> (D) Members of the legal profession who
specialize in consumer finance issues, including
experience with lease-purchase agreements.</DELETED>
<DELETED> (E) Owner-operators in the trucking
industry with experience regarding lease-purchase
agreements.</DELETED>
<DELETED> (F) Businesses that provide or are subject
to lease-purchase agreements in the trucking
industry.</DELETED>
<DELETED> (2) Compensation.--A member of the Task Force
shall serve without compensation.</DELETED>
<DELETED> (c) Duties.--The Task Force shall examine, at a minimum--
</DELETED>
<DELETED> (1) common truck leasing arrangements available to
commercial motor vehicle drivers, including lease-purchase
agreements;</DELETED>
<DELETED> (2) the terms of the leasing agreements described
in paragraph (1);</DELETED>
<DELETED> (3)(A) the existence of inequitable leasing
agreements and terms in the motor carrier industry;</DELETED>
<DELETED> (B) whether any such inequitable terms and
agreements affect the frequency of maintenance performed on
vehicles subject to those agreements; and</DELETED>
<DELETED> (C) whether any such inequitable terms and
agreements affect whether a vehicle is kept in a general state
of good repair;</DELETED>
<DELETED> (4) specific agreements available to drayage
drivers at ports relating to the Clean Truck Program or any
similar program to decrease emissions from port
operations;</DELETED>
<DELETED> (5) the impact of truck leasing agreements on the
net compensation of commercial motor vehicle drivers, including
port drayage drivers;</DELETED>
<DELETED> (6) whether truck leasing agreements properly
incentivize the safe operation of vehicles, including driver
compliance with the hours of service regulations and laws
governing speed and safety generally;</DELETED>
<DELETED> (7) resources to assist commercial motor vehicle
drivers in assessing the financial impacts of leasing
agreements; and</DELETED>
<DELETED> (8)(A) the opportunity that equitable leasing
agreements provide for drivers to start or expand trucking
companies; and</DELETED>
<DELETED> (B) the history of motor carriers starting from
single owner-operators.</DELETED>
<DELETED> (d) Report.--On completion of the examination under
subsection (c), the Task Force shall submit to the Secretary, the
Secretary of Labor, and the appropriate committees of Congress a report
containing--</DELETED>
<DELETED> (1) the findings of the Task Force with respect to
the matters described in subsection (c);</DELETED>
<DELETED> (2) best practices relating to--</DELETED>
<DELETED> (A) assisting a commercial motor vehicle
driver in assessing the impacts of leasing agreements
prior to entering into such an agreement;</DELETED>
<DELETED> (B) assisting a commercial motor vehicle
driver who has entered into a predatory lease
agreement; and</DELETED>
<DELETED> (C) preventing coercion and impacts on
safety as described in section 31136 of title 49,
United States Code; and</DELETED>
<DELETED> (3) recommendations relating to changes to laws
(including regulations), as applicable, at the Federal, State,
or local level to promote fair leasing agreements under which a
commercial motor vehicle driver, including a short haul driver,
who is a party to such an agreement is able to earn a rate
commensurate with other commercial motor vehicle drivers
performing similar duties.</DELETED>
<DELETED> (e) Termination.--Not later than 30 days after the date on
which the report under subsection (d) is submitted, the Task Force
shall terminate.</DELETED>
<DELETED>SEC. 3010. AUTOMATIC EMERGENCY BRAKING.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Automatic emergency braking system.--The term
``automatic emergency braking system'' means a system on a
commercial motor vehicle that, based on a predefined distance
and closing rate with respect to an obstacle in the path of the
commercial motor vehicle--</DELETED>
<DELETED> (A) alerts the driver of the obstacle;
and</DELETED>
<DELETED> (B) if necessary to avoid or mitigate a
collision with the obstacle, automatically applies the
brakes of the commercial motor vehicle.</DELETED>
<DELETED> (2) Commercial motor vehicle.--The term
``commercial motor vehicle'' has the meaning given the term in
section 31101 of title 49, United States Code.</DELETED>
<DELETED> (b) Federal Motor Vehicle Safety Standard.--Not later than
2 years after the date of enactment of this Act, the Secretary shall--
</DELETED>
<DELETED> (1) prescribe a motor vehicle safety standard
under section 30111 of title 49, United States Code, that
requires any commercial motor vehicle subject to section
571.136 of title 49, Code of Federal Regulations (relating to
Federal Motor Vehicle Safety Standard Number 136) (or a
successor regulation) that is manufactured after the effective
date of the standard prescribed under this paragraph to be
equipped with an automatic emergency braking system;
and</DELETED>
<DELETED> (2) as part of the standard under paragraph (1),
establish performance requirements for automatic emergency
braking systems.</DELETED>
<DELETED> (c) Federal Motor Carrier Safety Regulation.--Not later
than 1 year after the date of enactment of this Act, the Secretary
shall prescribe 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 manufactured after the
effective date of the standard prescribed under subsection (b)(1) that
is in operation on or after that date and is subject to section 571.136
of title 49, Code of Federal Regulations (relating to Federal Motor
Vehicle Safety Standard Number 136) (or a successor regulation) be used
at any time during which the commercial motor vehicle is in
operation.</DELETED>
<DELETED> (d) Report on Automatic Emergency Braking in Other
Commercial Motor Vehicles.--</DELETED>
<DELETED> (1) Study.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall complete a study
on equipping a variety of commercial motor vehicles not subject
to section 571.136 of title 49, Code of Federal Regulations
(relating to Federal Motor Vehicle Safety Standard Number 136)
(or a successor regulation) as of that date of enactment with
automatic emergency braking systems to avoid or mitigate a
collision with an obstacle in the path of the commercial motor
vehicle, including an assessment of the feasibility, benefits,
and costs associated with installing automatic emergency
braking systems on a variety of newly manufactured commercial
motor vehicles with a gross vehicle weight rating greater than
10,001 pounds.</DELETED>
<DELETED> (2) Independent research.--If the Secretary enters
into a contract with a third party to perform research relating
to the study required under paragraph (1), the Secretary shall
ensure that the third party does not have any financial or
contractual ties to, or relationships with--</DELETED>
<DELETED> (A) a motor carrier that transports
passengers or property for compensation;</DELETED>
<DELETED> (B) the motor carrier industry;
or</DELETED>
<DELETED> (C) an entity producing or supplying
automatic emergency braking systems.</DELETED>
<DELETED> (3) Public comment.--Not later than 90 days after
the date on which the study under paragraph (1) is completed,
the Secretary shall--</DELETED>
<DELETED> (A) issue a notice in the Federal Register
containing the findings of the study; and</DELETED>
<DELETED> (B) provide an opportunity for public
comment.</DELETED>
<DELETED> (4) Report to congress.--Not later than 90 days
after the conclusion of the public comment period under
paragraph (3)(B), the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report that
includes--</DELETED>
<DELETED> (A) the results of the study under
paragraph (1);</DELETED>
<DELETED> (B) a summary of any comments received
under paragraph (3)(B); and</DELETED>
<DELETED> (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 that determination.</DELETED>
<DELETED> (5) Rulemaking.--Not later than 2 years after the
date on which the study under paragraph (1) is completed, the
Secretary shall--</DELETED>
<DELETED> (A) determine whether a motor vehicle
safety standard relating to equipping the commercial
motor vehicles described in that paragraph with
automatic emergency braking systems would meet the
requirements and considerations described in
subsections (a) and (b) of section 30111 of title 49,
United States Code; and</DELETED>
<DELETED> (B) if the Secretary determines that a
motor vehicle safety standard described in subparagraph
(A) would meet the requirements and considerations
described in that subparagraph, initiate a rulemaking
to prescribe such a motor vehicle safety
standard.</DELETED>
<DELETED>SEC. 3011. UNDERRIDE PROTECTION.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Committee.--The term ``Committee'' means the
Advisory Committee on Underride Protection established under
subsection (d)(1).</DELETED>
<DELETED> (2) Motor carrier.--The term ``motor carrier'' has
the meaning given the term in section 13102 of title 49, United
States Code.</DELETED>
<DELETED> (3) Passenger motor vehicle.--The term ``passenger
motor vehicle'' has the meaning given the term in section 32101
of title 49, United States Code.</DELETED>
<DELETED> (4) Underride crash.--The term ``underride crash''
means a crash in which a trailer or semitrailer intrudes into
the passenger compartment of a passenger motor
vehicle.</DELETED>
<DELETED> (b) Rear Underride Guards.--</DELETED>
<DELETED> (1) Trailers and semitrailers.--</DELETED>
<DELETED> (A) In general.--Not later than 1 year
after the date of enactment of this Act, the Secretary
shall promulgate such regulations as are necessary to
revise sections 571.223 and 571.224 of title 49, Code
of Federal Regulations (relating to Federal Motor
Vehicle Safety Standard Numbers 223 and 224,
respectively), to require trailers and semitrailers
manufactured after the date on which those regulations
are promulgated to be equipped with rear impact guards
that are designed to prevent passenger compartment
intrusion from a trailer or semitrailer when a
passenger motor vehicle traveling at 35 miles per hour
makes--</DELETED>
<DELETED> (i) an impact in which the
passenger motor vehicle impacts the center of
the rear of the trailer or
semitrailer;</DELETED>
<DELETED> (ii) an impact in which 50 percent
of the width of the passenger motor vehicle
overlaps the rear of the trailer or
semitrailer; and</DELETED>
<DELETED> (iii) an impact in which 30
percent of the width of the passenger motor
vehicle overlaps the rear of the trailer or
semitrailer, if the Secretary determines that a
revision of sections 571.223 and 571.224 of
title 49, Code of Federal Regulations (relating
to Federal Motor Vehicle Safety Standard
Numbers 223 and 224, respectively) to address
such an impact would meet the requirements and
considerations described in subsections (a) and
(b) of section 30111 of title 49, United States
Code.</DELETED>
<DELETED> (B) Effective date.--The regulations
promulgated under subparagraph (A) shall require full
compliance with each Federal Motor Vehicle Safety
Standard revised pursuant to those regulations not
later than 2 years after the date on which those
regulations are promulgated.</DELETED>
<DELETED> (2) Additional research.--The Secretary shall
conduct additional research on the design and development of
rear impact guards that can--</DELETED>
<DELETED> (A) prevent underride crashes in cases in
which the passenger motor vehicle is traveling at
speeds of up to 65 miles per hour; and</DELETED>
<DELETED> (B) protect passengers in passenger motor
vehicles against severe injury in crashes in which the
passenger motor vehicle is traveling at speeds of up to
65 miles per hour.</DELETED>
<DELETED> (3) Review of standards.--Not later than 5 years
after the date on which the regulations under paragraph (1)(A)
are promulgated, the Secretary shall--</DELETED>
<DELETED> (A) review the Federal Motor Vehicle
Safety Standards revised pursuant to those regulations
and any other requirements of those regulations
relating to rear underride guards on trailers or
semitrailers to evaluate the need for changes in
response to advancements in technology; and</DELETED>
<DELETED> (B) update those Federal Motor Vehicle
Safety Standards and those regulations
accordingly.</DELETED>
<DELETED> (4) Inspections.--</DELETED>
<DELETED> (A) In general.--Not later than 1 year
after the date of enactment of this Act, the Secretary
shall promulgate such regulations as are necessary to
revise the regulations relating to minimum periodic
inspection standards under appendix G to subchapter B
of chapter III of title 49, Code of Federal
Regulations, and the regulations relating to driver
vehicle inspection reports under section 396.11 of that
title to include requirements relating to rear impact
guards and rear end protection that are consistent with
the requirements described in section 393.86 of that
title.</DELETED>
<DELETED> (B) Considerations.--In revising 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 an, or has
a corroded or compromised, element that affects the
structural integrity and protective feature of the rear
impact guard.</DELETED>
<DELETED> (c) Side Underride Guards.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall--</DELETED>
<DELETED> (A) complete additional research on side
underride guards to better understand the overall
effectiveness of side underride guards;</DELETED>
<DELETED> (B) assess the feasibility, benefits, and
costs of, and any impacts on intermodal equipment,
freight mobility (including port operations), and
freight capacity associated with, installing side
underride guards on newly manufactured trailers and
semitrailers with a gross vehicle weight rating of
10,000 pounds or more;</DELETED>
<DELETED> (C) consider the unique structural and
operational aspects of--</DELETED>
<DELETED> (i) intermodal chassis (as defined
in section 340.2 of title 46, Code of Federal
Regulations; and</DELETED>
<DELETED> (ii) pole trailers (as defined in
section 390.5 of title 49, Code of Federal
Regulations; and</DELETED>
<DELETED> (D) if warranted, develop performance
standards for side underride guards.</DELETED>
<DELETED> (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 the third party does not have any financial or contractual
ties to, or relationships with--</DELETED>
<DELETED> (A) a motor carrier that transports
passengers or property for compensation;</DELETED>
<DELETED> (B) the motor carrier industry;
or</DELETED>
<DELETED> (C) an entity producing or supplying
underride guards.</DELETED>
<DELETED> (3) Publication of assessment.--Not later than 90
days after completion of the assessment required under
paragraph (1)(B), the Secretary shall--</DELETED>
<DELETED> (A) issue a notice in the Federal Register
containing the findings of the assessment;
and</DELETED>
<DELETED> (B) provide an opportunity for public
comment.</DELETED>
<DELETED> (4) Report to congress.--Not later than 90 days
after the conclusion of the public comment period under
paragraph (3)(B), the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--</DELETED>
<DELETED> (A) the results of the assessment under
paragraph (1)(B);</DELETED>
<DELETED> (B) a summary of any comments received by
the Secretary under paragraph (3)(B); and</DELETED>
<DELETED> (C) a determination as to whether the
Secretary intends to develop performance requirements
for side underride guards, including any analysis that
led to that determination.</DELETED>
<DELETED> (d) Advisory Committee on Underride Protection.--
</DELETED>
<DELETED> (1) Establishment.--The Secretary shall establish
an Advisory Committee on Underride Protection to provide advice
and recommendations to the Secretary on safety regulations to
reduce underride crashes and fatalities relating to underride
crashes.</DELETED>
<DELETED> (2) Membership.--</DELETED>
<DELETED> (A) In general.--The Committee shall be
composed of not more than 20 members, appointed by the
Secretary, who--</DELETED>
<DELETED> (i) are not employees of the
Department; and</DELETED>
<DELETED> (ii) are qualified to serve on the
Committee because of their expertise, training,
or experience.</DELETED>
<DELETED> (B) Representation.--The Committee shall
include 2 representatives of each of the
following:</DELETED>
<DELETED> (i) Truck and trailer
manufacturers.</DELETED>
<DELETED> (ii) Motor carriers, including
independent owner-operators.</DELETED>
<DELETED> (iii) Law enforcement.</DELETED>
<DELETED> (iv) Motor vehicle
engineers.</DELETED>
<DELETED> (v) Motor vehicle crash
investigators.</DELETED>
<DELETED> (vi) Truck safety
organizations.</DELETED>
<DELETED> (vii) The insurance
industry.</DELETED>
<DELETED> (viii) Emergency medical service
providers.</DELETED>
<DELETED> (ix) Families of underride crash
victims.</DELETED>
<DELETED> (x) Labor organizations.</DELETED>
<DELETED> (3) Compensation.--Members of the Committee shall
serve without compensation.</DELETED>
<DELETED> (4) Meetings.--The Committee shall meet not less
frequently than annually.</DELETED>
<DELETED> (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 of the Committee.</DELETED>
<DELETED> (6) Report.--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 a biennial report that--
</DELETED>
<DELETED> (A) describes the advice and
recommendations made to the Secretary; and</DELETED>
<DELETED> (B) includes an assessment of progress
made by the Secretary in advancing safety regulations
relating to underride crashes.</DELETED>
<DELETED> (e) Data Collection.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall implement the
recommendations described in the report of the Government
Accountability Office entitled ``Truck Underride Guards: Improved Data
Collection, Inspections, and Research Needed'', published on March 14,
2019, and numbered GAO-19-264.</DELETED>
<DELETED>SEC. 3012. PROVIDERS OF RECREATIONAL ACTIVITIES.</DELETED>
<DELETED> Section 13506(b) of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (2), by striking ``or'' at the
end;</DELETED>
<DELETED> (2) in paragraph (3), by striking the period at
the end and inserting ``; or''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(4) transportation by a motor vehicle designed
or used to transport not fewer than 9, and not more than 15,
passengers (including the driver), whether operated alone or
with a trailer attached for the transport of recreational
equipment, if--</DELETED>
<DELETED> ``(A) the motor vehicle is operated by a
person that provides recreational activities;</DELETED>
<DELETED> ``(B) the transportation is provided
within a 150 air-mile radius of the location at which
passengers initially boarded the motor vehicle at the
outset of the trip; and</DELETED>
<DELETED> ``(C) in the case of a motor vehicle
transporting passengers over a route between a place in
a State and a place in another State, the person
operating the motor vehicle is lawfully providing
transportation of passengers over the entire route in
accordance with applicable State law.''.</DELETED>
<DELETED>SEC. 3013. AMENDMENTS TO REGULATIONS RELATING TO
TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE
COMMERCE.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Administration.--The term ``Administration''
means the Federal Motor Carrier Safety
Administration.</DELETED>
<DELETED> (2) Covered carrier.--The term ``covered carrier''
means a motor carrier that is--</DELETED>
<DELETED> (A) engaged in the interstate
transportation of household goods; and</DELETED>
<DELETED> (B) subject to the requirements of part
375 of title 49, Code of Federal Regulations (as in
effect on the effective date of any amendments made
pursuant to the notice of proposed rulemaking issued
under subsection (b)).</DELETED>
<DELETED> (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, as the Secretary determines to
be appropriate, regulations relating to the interstate transportation
of household goods.</DELETED>
<DELETED> (c) Considerations.--In issuing the notice of proposed
rulemaking under subsection (b), the Secretary shall consider amending
the following provisions of title 49, Code of Federal Regulations, in
accordance with the following recommendations:</DELETED>
<DELETED> (1) Section 375.207(b) to require each covered
carrier to include on the website of the covered carrier a
link--</DELETED>
<DELETED> (A) to the publication of the
Administration entitled ``Ready to Move--Tips for a
Successful Interstate Move'' and numbered ESA-03-005 on
the website of the Administration; or</DELETED>
<DELETED> (B) to a copy of the publication referred
to in subparagraph (A) on the website of the covered
carrier.</DELETED>
<DELETED> (2) Subsections (a) and (b)(1) of section 375.213
to require each covered carrier to provide to each individual
shipper, together with any written estimate provided to the
shipper, a copy of the publication described in appendix A of
part 375 of that title, entitled ``Your Rights and
Responsibilities When You Move'' and numbered 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 that
publication.</DELETED>
<DELETED> (3) Section 375.213 to repeal subsection (e) of
that section.</DELETED>
<DELETED> (4) Section 375.401(a) to require each covered
carrier--</DELETED>
<DELETED> (A) to conduct a visual survey of the
household goods to be transported by the covered
carrier--</DELETED>
<DELETED> (i) in person; or</DELETED>
<DELETED> (ii) virtually, using--</DELETED>
<DELETED> (I) a remote camera;
or</DELETED>
<DELETED> (II) another appropriate
technology;</DELETED>
<DELETED> (B) to offer a visual survey described in
subparagraph (A) for all household goods shipments,
regardless of the distance between--</DELETED>
<DELETED> (i) the location of the household
goods; and</DELETED>
<DELETED> (ii) the location of the agent of
the covered carrier preparing the estimate;
and</DELETED>
<DELETED> (C) to provide to each shipper a copy of
the publication of the Administration entitled ``Ready
to Move--Tips for a Successful Interstate Move'' and
numbered ESA-03-005 on receipt from the shipper of a
request to schedule, or a waiver of, a visual survey
offered under subparagraph (B).</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) prepare a new estimate; and</DELETED>
<DELETED> (B) maintain a record of the date, time,
and manner in which the new estimate was accepted by
the shipper.</DELETED>
<DELETED> (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 that
section in a bill of lading that is presented to the shipper
before the covered carrier receives the shipment.</DELETED>
<DELETED> (7) Subpart H of part 375, to replace the replace
the terms ``freight bill'' and ``expense bill'' with the term
``invoice''.</DELETED>
<DELETED>SEC. 3014. IMPROVING FEDERAL-STATE MOTOR CARRIER SAFETY
ENFORCEMENT COORDINATION.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Covered state.--The term ``covered State''
means a State that receives Federal funds under the motor
carrier safety assistance program established under section
31102 of title 49, United States Code.</DELETED>
<DELETED> (2) Imminent hazard.--The term ``imminent hazard''
has the same meaning as in section 521 of title 49, United
States Code.</DELETED>
<DELETED> (b) Review and Enforcement of State Out-of-Service
Orders.--As soon as practicable after the date of enactment of this
Act, the Secretary shall publish in the Federal Register a process
under which the Secretary shall review each out-of-service order issued
by a covered State in accordance with section 31144(d) of title 49,
United States Code, by not later than 30 days after the date on which
the out-of-service order is submitted to the Secretary by the covered
State.</DELETED>
<DELETED> (c) Review and Enforcement of State Imminent Hazard
Determinations.--</DELETED>
<DELETED> (1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall publish in
the Federal Register a process under which the Secretary shall
review imminent hazard determinations made by covered
States.</DELETED>
<DELETED> (2) Enforcement.--On reviewing an imminent hazard
determination under paragraph (1), the Secretary shall pursue
enforcement under section 521 of title 49, United States Code,
as the Secretary determines to be appropriate.</DELETED>
<DELETED>SEC. 3015. LIMOUSINE RESEARCH.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Limousine.--The term ``limousine'' means a
motor vehicle--</DELETED>
<DELETED> (A) that has a seating capacity of 9 or
more persons (including the driver);</DELETED>
<DELETED> (B) with a gross vehicle weight rating
greater than 10,000 pounds but not greater than 26,000
pounds; and</DELETED>
<DELETED> (C) that the Secretary has determined by
regulation has physical characteristics resembling--
</DELETED>
<DELETED> (i) a passenger car;</DELETED>
<DELETED> (ii) a multipurpose passenger
vehicle; or</DELETED>
<DELETED> (iii) a truck with a gross vehicle
weight rating of 10,000 pounds or
less.</DELETED>
<DELETED> (2) Limousine operator.--The term ``limousine
operator'' means a person who owns or leases, and uses, a
limousine to transport passengers for compensation.</DELETED>
<DELETED> (3) Motor vehicle safety standard.--The term
``motor vehicle safety standard'' has the meaning given the
term in section 30102(a) of title 49, United States
Code.</DELETED>
<DELETED> (4) State.--The term ``State'' has the meaning
given such term in section 30102(a) of title 49, United States
Code.</DELETED>
<DELETED> (b) Crashworthiness.--</DELETED>
<DELETED> (1) Research.--Not later than 4 years after the
date of enactment of this Act, the Secretary shall complete
research into the development of motor vehicle safety standards
for side impact protection, roof crush resistance, and air bag
systems for the protection of occupants in limousines with
alternative seating positions, including perimeter seating
arrangements.</DELETED>
<DELETED> (2) Rulemaking or report.--</DELETED>
<DELETED> (A) Crashworthiness standards.--</DELETED>
<DELETED> (i) In general.--Subject to clause
(ii), not later than 2 years after the date on
which the research under paragraph (1) is
completed, the Secretary shall prescribe, for
the protection of occupants in limousines with
alternative seating positions, a final motor
vehicle safety standard for each of the
following:</DELETED>
<DELETED> (I) Side impact
protection.</DELETED>
<DELETED> (II) Roof crush
resistance.</DELETED>
<DELETED> (III) Air bag
systems.</DELETED>
<DELETED> (ii) Requirements and
considerations.--The Secretary may only
prescribe a motor vehicle safety standard
described in clause (i) if the Secretary
determines that the standard meets the
requirements and considerations described in
subsections (a) and (b) of section 30111 of
title 49, United States Code.</DELETED>
<DELETED> (B) Report.--If the Secretary determines
that a motor vehicle safety standard described in
subparagraph (A)(i) would not meet the requirements and
considerations described in subsections (a) and (b) of
section 30111 of title 49, United States Code, the
Secretary shall publish in the Federal Register and
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a
report describing the reasons for not prescribing the
standard.</DELETED>
<DELETED> (c) Evacuation.--</DELETED>
<DELETED> (1) Research.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall complete
research into safety features and standards that aid evacuation
in the event that an exit in the passenger compartment of a
limousine is blocked.</DELETED>
<DELETED> (2) Rulemaking or report.--</DELETED>
<DELETED> (A) Limousine evacuation.--</DELETED>
<DELETED> (i) In general.--Subject to clause
(ii), not later than 2 years after the date on
which the research under paragraph (1) is
completed, the Secretary shall prescribe a
final motor vehicle safety standard based on
the results of that research.</DELETED>
<DELETED> (ii) Requirements and
considerations.--The Secretary may only
prescribe a motor vehicle safety standard
described in clause (i) if the Secretary
determines that the standard meets the
requirements and considerations described in
subsections (a) and (b) of section 30111 of
title 49, United States Code.</DELETED>
<DELETED> (B) Report.--If the Secretary determines
that a standard described in subparagraph (A)(i) would
not meet the requirements and considerations described
in subsections (a) and (b) of section 30111 of title
49, United States Code, the Secretary shall publish in
the Federal Register and submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report describing the reasons for not
prescribing the standard.</DELETED>
<DELETED> (d) Limousine Inspection Disclosure.--</DELETED>
<DELETED> (1) In general.--A limousine operator may not
introduce a limousine into interstate commerce unless the
limousine operator has prominently disclosed in a clear and
conspicuous notice, including on the website of the operator if
the operator has a website, the following:</DELETED>
<DELETED> (A) The date of the most recent inspection
of the limousine required under State or Federal law,
if applicable.</DELETED>
<DELETED> (B) The results of the inspection, if
applicable.</DELETED>
<DELETED> (C) Any corrective action taken by the
limousine operator to ensure the limousine passed
inspection, if applicable.</DELETED>
<DELETED> (2) Federal trade commission enforcement.--
</DELETED>
<DELETED> (A) In general.--The Federal Trade
Commission shall enforce this subsection in the same
manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this subsection.</DELETED>
<DELETED> (B) Treatment.--Any person who violates
this subsection shall be subject to the penalties and
entitled to the privileges and immunities provided in
the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).</DELETED>
<DELETED> (3) Savings provision.--Nothing in this subsection
limits the authority of the Federal Trade Commission under any
other provision of law.</DELETED>
<DELETED> (4) Effective date.--This subsection shall take
effect on the date that is 180 days after the date of enactment
of this Act.</DELETED>
<DELETED>SEC. 3016. NATIONAL CONSUMER COMPLAINT DATABASE.</DELETED>
<DELETED> (a) In General.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the National Consumer
Complaint Database of the Federal Motor Carrier Safety
Administration.</DELETED>
<DELETED> (b) Contents.--The report under subsection (a) shall
include--</DELETED>
<DELETED> (1) a review of the process and effectiveness of
efforts to review and follow-up on complaints submitted to the
National Consumer Complaint Database;</DELETED>
<DELETED> (2) an identification of the top 5 complaint
categories;</DELETED>
<DELETED> (3) an identification of--</DELETED>
<DELETED> (A) the process that the Federal Motor
Carrier Safety Administration uses to determine which
entities to take enforcement actions against;
and</DELETED>
<DELETED> (B) the top categories of enforcement
actions taken by the Federal Motor Carrier Safety
Administration;</DELETED>
<DELETED> (4) a review of the use of the National Consumer
Complaint Database website over the 5-year period ending on
December 31, 2020, including information obtained by conducting
interviews with drivers, customers of movers of household
goods, brokers, motor carriers, including small business motor
carriers, and other users of the website to determine the
usability of the website;</DELETED>
<DELETED> (5) a review of efforts taken by the Federal Motor
Carrier Safety Administration to raise awareness of the
National Consumer Complaint Database; and</DELETED>
<DELETED> (6) recommendations, as appropriate, including
with respect to methods--</DELETED>
<DELETED> (A) for improving the usability of the
National Consumer Complaint Database website;</DELETED>
<DELETED> (B) for improving the review of
complaints;</DELETED>
<DELETED> (C) for using data collected through the
National Consumer Complaint Database to identify bad
actors;</DELETED>
<DELETED> (D) to improve confidence and transparency
in the complaint process; and</DELETED>
<DELETED> (E) for improving stakeholder awareness of
and participation in the National Consumer Complaint
Database and the complaint system, including improved
communication about the purpose of the National
Consumer Complaint Database.</DELETED>
<DELETED>SEC. 3017. ELECTRONIC LOGGING DEVICE OVERSIGHT.</DELETED>
<DELETED> Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report detailing the
processes--</DELETED>
<DELETED> (1) used by the Federal Motor Carrier Safety
Administration--</DELETED>
<DELETED> (A) to review electronic logging device
logs; and</DELETED>
<DELETED> (B) to protect proprietary information and
personally identifiable information obtained from
electronic logging device logs; and</DELETED>
<DELETED> (2) through which an operator may challenge or
appeal a violation notice issued by the Federal Motor Carrier
Safety Administration relating to an electronic logging
device.</DELETED>
<DELETED>TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY</DELETED>
<DELETED>Subtitle A--Highway Traffic Safety</DELETED>
<DELETED>SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) In General.--The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):</DELETED>
<DELETED> (1) Highway safety programs.--To carry out section
402 of title 23, United States Code--</DELETED>
<DELETED> (A) $363,400,000 for fiscal year
2022;</DELETED>
<DELETED> (B) $370,900,000 for fiscal year
2023;</DELETED>
<DELETED> (C) $378,400,000 for fiscal year
2024;</DELETED>
<DELETED> (D) $385,900,000 for fiscal year 2025;
and</DELETED>
<DELETED> (E) $393,400,000 for fiscal year
2026.</DELETED>
<DELETED> (2) Highway safety research and development.--To
carry out section 403 of title 23, United States Code--
</DELETED>
<DELETED> (A) $186,000,000 for fiscal year
2022;</DELETED>
<DELETED> (B) $190,000,000 for fiscal year
2023;</DELETED>
<DELETED> (C) $194,000,000 for fiscal year
2024;</DELETED>
<DELETED> (D) $198,000,000 for fiscal year 2025;
and</DELETED>
<DELETED> (E) $202,000,000 for fiscal year
2026.</DELETED>
<DELETED> (3) High-visibility enforcement program.--To carry
out section 404 of title 23, United States Code--</DELETED>
<DELETED> (A) $36,400,000 for fiscal year
2022;</DELETED>
<DELETED> (B) $38,300,000 for fiscal year
2023;</DELETED>
<DELETED> (C) $40,300,000 for fiscal year
2024;</DELETED>
<DELETED> (D) $42,300,000 for fiscal year 2025;
and</DELETED>
<DELETED> (E) $44,300,000 for fiscal year
2026.</DELETED>
<DELETED> (4) National priority safety programs.--To carry
out section 405 of title 23, United States Code--</DELETED>
<DELETED> (A) $336,500,000 for fiscal year
2022;</DELETED>
<DELETED> (B) $346,500,000 for fiscal year
2023;</DELETED>
<DELETED> (C) $353,500,000 for fiscal year
2024;</DELETED>
<DELETED> (D) $360,500,000 for fiscal year 2025;
and</DELETED>
<DELETED> (E) $367,500,000 for fiscal year
2026.</DELETED>
<DELETED> (5) 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, and this title--</DELETED>
<DELETED> (A) $38,000,000 for fiscal year
2022;</DELETED>
<DELETED> (B) $39,520,000 for fiscal year
2023;</DELETED>
<DELETED> (C) $41,100,800 for fiscal year
2024;</DELETED>
<DELETED> (D) $42,744,832 for fiscal year 2025;
and</DELETED>
<DELETED> (E) $44,454,625 for fiscal year
2026.</DELETED>
<DELETED> (6) National driver register.--For the National
Highway Traffic Safety Administration to carry out chapter 303
of title 49, United States Code--</DELETED>
<DELETED> (A) $6,800,000 for fiscal year
2022;</DELETED>
<DELETED> (B) $7,000,000 for fiscal year
2023;</DELETED>
<DELETED> (C) $7,200,000 for fiscal year
2024;</DELETED>
<DELETED> (D) $7,400,000 for fiscal year 2025;
and</DELETED>
<DELETED> (E) $7,600,000 for fiscal year
2026.</DELETED>
<DELETED> (b) Prohibition on Other Uses.--Except as otherwise
provided in chapter 4 of title 23, and chapter 303 of title 49, United
States Code, the amounts made available under subsection (a) or any
other provision of law from the Highway Trust Fund (other than the Mass
Transit Account) for a program under those chapters--</DELETED>
<DELETED> (1) shall only be used to carry out that program;
and</DELETED>
<DELETED> (2) may not be used by a State or local government
for construction purposes.</DELETED>
<DELETED> (c) Applicability of Title 23.--Except as otherwise
provided in chapter 4 of title 23, and chapter 303 of title 49, United
States Code, the amounts made available under subsection (a) for fiscal
years 2022 through 2026 shall be available for obligation in the same
manner as if those funds were apportioned under chapter 1 of title 23,
United States Code.</DELETED>
<DELETED> (d) Highway Safety General Requirements.--</DELETED>
<DELETED> (1) In general.--Chapter 4 of title 23, United
States Code, is amended--</DELETED>
<DELETED> (A) by redesignating sections 409 and 412
as sections 407 and 408, respectively; and</DELETED>
<DELETED> (B) by inserting after section 405 the
following:</DELETED>
<DELETED>``Sec. 406. General requirements for Federal
assistance</DELETED>
<DELETED> ``(a) Definition of Funded Project.--In this section, the
term `funded project' means a project funded, in whole or in part, by a
grant provided under this chapter.</DELETED>
<DELETED> ``(b) Regulatory Authority.--Each funded project shall be
carried out in accordance with applicable regulations promulgated by
the Secretary.</DELETED>
<DELETED> ``(c) State Matching Requirements.--If a grant provided
under this chapter requires any State to share in the cost of a funded
project, the aggregate of the expenditures made by the State (including
any political subdivision of the State) for highway safety activities
during a fiscal year, exclusive of Federal funds, for carrying out the
funded project (other than expenditures for planning or administration)
shall be credited toward the non-Federal share of the cost of any other
funded project (other than planning and administration) during that
fiscal year, regardless of whether those expenditures were made in
connection with the project.</DELETED>
<DELETED> ``(d) Grant Application and Deadline.--</DELETED>
<DELETED> ``(1) Applications.--To be eligible to receive a
grant under this chapter, a State shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.</DELETED>
<DELETED> ``(2) Deadline.--The Secretary shall establish a
single deadline for the submission of applications under
paragraph (1) to enable the provision of grants under this
chapter early in the first fiscal year beginning after the date
of submission.</DELETED>
<DELETED> ``(e) Distribution of Funds to States.--Not later than 60
days after the date of enactment of any appropriations Act making funds
available to carry out this chapter, the Secretary shall distribute to
each State the portion of those funds to which the State is entitled
for the applicable fiscal year.''.</DELETED>
<DELETED> (2) Clerical amendment.--The analysis for chapter
4 of title 23, United States Code, is amended by striking the
items relating to sections 406 through 412 and inserting the
following:</DELETED>
<DELETED>``406. General requirements for Federal assistance.
<DELETED>``407. Discovery and admission as evidence of certain reports
and surveys.
<DELETED>``408. Agency accountability.''.
<DELETED>SEC. 4102. HIGHWAY SAFETY PROGRAMS.</DELETED>
<DELETED> (a) In General.--Section 402 of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) by striking ``accidents'' each place it
appears and inserting ``crashes'';</DELETED>
<DELETED> (2) by striking ``accident'' each place it appears
and inserting ``crash'';</DELETED>
<DELETED> (3) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``shall
have'' and all that follows through the period at the
end and inserting the following: ``shall have in effect
a highway safety program that--</DELETED>
<DELETED> ``(i) is designed to reduce--
</DELETED>
<DELETED> ``(I) traffic crashes;
and</DELETED>
<DELETED> ``(II) deaths, injuries,
and property damage resulting from
those crashes;</DELETED>
<DELETED> ``(ii) includes--</DELETED>
<DELETED> ``(I) an approved,
current, triennial highway safety plan
in accordance with subsection (k);
and</DELETED>
<DELETED> ``(II) an approved grant
application under subsection (l) for
the fiscal year;</DELETED>
<DELETED> ``(iii) demonstrates compliance
with the applicable administrative requirements
of subsection (b)(1); and</DELETED>
<DELETED> ``(iv) is approved by the
Secretary.'';</DELETED>
<DELETED> (B) in paragraph (2)(A)--</DELETED>
<DELETED> (i) in clause (ii), by striking
``occupant protection devices (including the
use of safety belts and child restraint
systems)'' and inserting ``safety
belts'';</DELETED>
<DELETED> (ii) in clause (vii), by striking
``and'' at the end;</DELETED>
<DELETED> (iii) by redesignating clauses
(iii) through (viii) as clauses (iv) through
(ix), respectively;</DELETED>
<DELETED> (iv) by inserting after clause
(ii) the following:</DELETED>
<DELETED> ``(iii) to encourage more
widespread and proper use of child restraints,
with an emphasis on underserved populations;'';
and</DELETED>
<DELETED> (v) by adding at the end the
following:</DELETED>
<DELETED> ``(x) to reduce crashes caused by
driver misuse or misunderstanding of new
vehicle technology;</DELETED>
<DELETED> ``(xi) to increase vehicle recall
awareness;</DELETED>
<DELETED> ``(xii) to provide to the public
information relating to the risks of child
heatstroke death when left unattended in a
motor vehicle after the motor is deactivated by
the operator;</DELETED>
<DELETED> ``(xiii) to reduce injuries and
deaths resulting from the failure by drivers of
motor vehicles to move to another traffic lane
or reduce the speed of the vehicle when law
enforcement, fire service, emergency medical
services, or other emergency or first responder
vehicles are stopped or parked on or next to a
roadway with emergency lights activated;
and</DELETED>
<DELETED> ``(xiv) to prevent crashes,
injuries, and deaths caused by unsecured
vehicle loads;''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(3) Additional considerations.--A State that has
legalized medicinal or recreational marijuana shall take into
consideration implementing programs in addition to the programs
described in paragraph (2)(A)--</DELETED>
<DELETED> ``(A) to educate drivers regarding the
risks associated with marijuana-impaired driving;
and</DELETED>
<DELETED> ``(B) to reduce injuries and deaths
resulting from individuals driving motor vehicles while
impaired by marijuana.'';</DELETED>
<DELETED> (4) in subsection (b)(1)--</DELETED>
<DELETED> (A) in the matter preceding subparagraph
(A), by striking ``may'' and inserting
``shall'';</DELETED>
<DELETED> (B) by striking subparagraph (B) and
inserting the following:</DELETED>
<DELETED> ``(B) provide for a comprehensive, data-
driven traffic safety program that results from
meaningful public participation and engagement from
affected communities, particularly those most
significantly impacted by traffic crashes resulting in
injuries and fatalities;'';</DELETED>
<DELETED> (C) in subparagraph (C), by striking
``authorized in accordance with subparagraph
(B)'';</DELETED>
<DELETED> (D) in subparagraph (D), by striking
``with disabilities, including those in wheelchairs''
and inserting ``, including those with disabilities and
those in wheelchairs'';</DELETED>
<DELETED> (E) by striking subparagraph (E) and
inserting the following:</DELETED>
<DELETED> ``(E) as part of a comprehensive program,
support--</DELETED>
<DELETED> ``(i) data-driven traffic safety
enforcement programs that foster effective
community collaboration to increase public
safety; and</DELETED>
<DELETED> ``(ii) data collection and
analysis to ensure transparency, identify
disparities in traffic enforcement, and inform
traffic enforcement policies, procedures, and
activities; and''; and</DELETED>
<DELETED> (F) in subparagraph (F)--</DELETED>
<DELETED> (i) in clause (i), by striking
``national law enforcement mobilizations and
high-visibility'' and inserting ``national,
high-visibility'';</DELETED>
<DELETED> (ii) in clause (iv), by striking
``and'' after the semicolon at the
end;</DELETED>
<DELETED> (iii) in clause (v), by striking
the period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(vi) unless the State highway
safety program is developed by American Samoa,
Guam, the Commonwealth of the Northern Mariana
Islands, or the United States Virgin Islands,
participation in the Fatality Analysis
Reporting System.'';</DELETED>
<DELETED> (5) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking the paragraph
designation and heading and all that follows
through ``Funds authorized'' and inserting the
following:</DELETED>
<DELETED> ``(1) Use for state activities.--</DELETED>
<DELETED> ``(A) In general.--The funds authorized'';
and</DELETED>
<DELETED> (ii) by adding at the end the
following:</DELETED>
<DELETED> ``(B) Neighboring states.--A State, acting
in cooperation with any neighboring State, may use
funds provided under this section for a highway safety
program that may confer a benefit on the neighboring
State.'';</DELETED>
<DELETED> (B) by striking paragraphs (2) and (3) and
inserting the following:</DELETED>
<DELETED> ``(2) Apportionment to states.--</DELETED>
<DELETED> ``(A) Definition of public road.--In this
paragraph, the term `public road' means any road that
is--</DELETED>
<DELETED> ``(i) subject to the jurisdiction
of, and maintained by, a public authority;
and</DELETED>
<DELETED> ``(ii) held open to public
travel.</DELETED>
<DELETED> ``(B) Apportionment.--</DELETED>
<DELETED> ``(i) In general.--Except for the
amounts identified in section 403(f) and the
amounts subject to subparagraph (C), of the
funds made available under this section--
</DELETED>
<DELETED> ``(I) 75 percent shall be
apportioned to each State based on the
ratio that, as determined by the most
recent decennial census--</DELETED>
<DELETED> ``(aa) the
population of the State; bears
to</DELETED>
<DELETED> ``(bb) the total
population of all States;
and</DELETED>
<DELETED> ``(II) 25 percent shall be
apportioned to each State based on the
ratio that, subject to clause (ii)--
</DELETED>
<DELETED> ``(aa) the public
road mileage in each State;
bears to</DELETED>
<DELETED> ``(bb) the total
public road mileage in all
States.</DELETED>
<DELETED> ``(ii) Calculation.--For purposes
of clause (i)(II), public road mileage shall
be--</DELETED>
<DELETED> ``(I) determined as of the
end of the calendar year preceding the
year during which the funds are
apportioned;</DELETED>
<DELETED> ``(II) certified by the
Governor of the State; and</DELETED>
<DELETED> ``(III) subject to
approval by the Secretary.</DELETED>
<DELETED> ``(C) Minimum apportionments.--The annual
apportionment under this section to--</DELETED>
<DELETED> ``(i) each State shall be not less
than \3/4\ of 1 percent of the total
apportionment;</DELETED>
<DELETED> ``(ii) the Secretary of the
Interior shall be not less than 2 percent of
the total apportionment; and</DELETED>
<DELETED> ``(iii) the United States Virgin
Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands
shall be not less than \1/4\ of 1 percent of
the total apportionment.</DELETED>
<DELETED> ``(D) Penalty.--</DELETED>
<DELETED> ``(i) In general.--The funds
apportioned under this section to a State that
does not have approved or in effect a highway
safety program described in subsection (a)(1)
shall be reduced by an amount equal to not less
than 20 percent of the amount that would
otherwise be apportioned to the State under
this section, until the date on which the
Secretary, as applicable--</DELETED>
<DELETED> ``(I) approves such a
highway safety program; or</DELETED>
<DELETED> ``(II) determines that the
State is implementing such a
program.</DELETED>
<DELETED> ``(ii) Factor for consideration.--
In determining the amount of the reduction in
funds apportioned to a State under this
subparagraph, the Secretary shall take into
consideration the gravity of the failure by the
State to secure approval, or to implement, a
highway safety program described in subsection
(a)(1).</DELETED>
<DELETED> ``(E) Limitations.--</DELETED>
<DELETED> ``(i) In general.--A highway
safety program approved by the Secretary shall
not include any requirement that a State shall
implement such a program by adopting or
enforcing any law, rule, or regulation based on
a guideline promulgated by the Secretary under
this section requiring any motorcycle operator
aged 18 years or older, or a motorcycle
passenger aged 18 years or older, to wear a
safety helmet when operating or riding a
motorcycle on the streets and highways of that
State.</DELETED>
<DELETED> ``(ii) Effect of guidelines.--
Nothing in this section requires a State
highway safety program to require compliance
with every uniform guideline, or with every
element of every uniform guideline, in every
State.</DELETED>
<DELETED> ``(3) Reapportionment.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
promptly apportion to a State any funds withheld from
the State under paragraph (2)(D) if the Secretary makes
an approval or determination, as applicable, described
in that paragraph by not later than July 31 of the
fiscal year for which the funds were
withheld.</DELETED>
<DELETED> ``(B) Continuing state failure.--If the
Secretary determines that a State fails to correct a
failure to have approved or in effect a highway safety
program described in subsection (a)(1) by the date
described in subparagraph (A), the Secretary shall
reapportion the funds withheld from that State under
paragraph (2)(D) for the fiscal year to the other
States in accordance with the formula described in
paragraph (2)(B) by not later than the last day of the
fiscal year.''; and</DELETED>
<DELETED> (C) in paragraph (4)--</DELETED>
<DELETED> (i) by striking subparagraph
(C);</DELETED>
<DELETED> (ii) by redesignating
subparagraphs (A) and (B) as subparagraphs (B)
and (A), respectively, and moving the
subparagraphs so as to appear in alphabetical
order; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(C) Special rule for school and work
zones.--Notwithstanding subparagraph (B), a State may
expend funds apportioned to the State under this
section to carry out a program to purchase, operate, or
maintain an automated traffic enforcement system in a
work zone or school zone.</DELETED>
<DELETED> ``(D) Automated traffic enforcement system
guidelines.--An automated traffic enforcement system
installed pursuant to subparagraph (C) shall comply
with such guidelines applicable to speed enforcement
camera systems and red light camera systems as are
established by the Secretary.'';</DELETED>
<DELETED> (6) in subsection (k)--</DELETED>
<DELETED> (A) by striking the subsection designation
and heading and all that follows through ``thereafter''
in paragraph (1) and inserting the following:</DELETED>
<DELETED> ``(k) Triennial Highway Safety Plan.--</DELETED>
<DELETED> ``(1) In general.--For fiscal year 2022, and not
less frequently than once every 3 fiscal years
thereafter'';</DELETED>
<DELETED> (B) in paragraph (1), by striking ``for
that fiscal year, to develop and submit to the
Secretary for approval a highway safety plan'' and
inserting ``for the 3 fiscal years covered by the plan,
to develop and submit to the Secretary for approval a
triennial highway safety plan'';</DELETED>
<DELETED> (C) by striking paragraph (2) and
inserting the following:</DELETED>
<DELETED> ``(2) Timing.--Each State shall submit to the
Secretary a triennial highway safety plan by not later than
July 1 of the fiscal year preceding the first fiscal year
covered by the plan.'';</DELETED>
<DELETED> (D) in paragraph (3), by inserting
``triennial'' before ``highway'';</DELETED>
<DELETED> (E) in paragraph (4)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A)--</DELETED>
<DELETED> (I) by striking ``State
highway safety plans'' and inserting
``Each State triennial highway safety
plan''; and</DELETED>
<DELETED> (II) by inserting ``, with
respect to the 3 fiscal years covered
by the plan, based on the information
available on the date of submission
under paragraph (2)'' after
``include'';</DELETED>
<DELETED> (ii) in subparagraph (A)(ii), by
striking ``annual performance targets'' and
inserting ``performance targets that
demonstrate constant or improved
performance'';</DELETED>
<DELETED> (iii) by striking subparagraph (B)
and inserting the following:</DELETED>
<DELETED> ``(B) a countermeasure strategy for
programming funds under this section for projects that
will allow the State to meet the performance targets
described in subparagraph (A), including a
description--</DELETED>
<DELETED> ``(i) that demonstrates the link
between the effectiveness of each proposed
countermeasure strategy and those performance
targets; and</DELETED>
<DELETED> ``(ii) of the manner in which each
countermeasure strategy is informed by uniform
guidelines issued by the Secretary;'';
and</DELETED>
<DELETED> (iv) in subparagraph (D), by
striking ``, State, local, or
private'';</DELETED>
<DELETED> (F) by striking paragraph (5) and
inserting the following:</DELETED>
<DELETED> ``(5) Performance measures.--The Secretary shall
develop minimum performance measures under paragraph (4)(A) in
consultation with the Governors Highway Safety Association.'';
and</DELETED>
<DELETED> (G) in paragraph (6)--</DELETED>
<DELETED> (i) in the paragraph heading, by
inserting ``triennial'' before
``highway'';</DELETED>
<DELETED> (ii) by redesignating
subparagraphs (B) through (E) as subparagraphs
(C) through (F), respectively;</DELETED>
<DELETED> (iii) in each of subparagraphs (C)
through (F) (as so redesignated), by inserting
``triennial'' before ``highway'' each place it
appears; and</DELETED>
<DELETED> (iv) by striking subparagraph (A)
and inserting the following:</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall review and
approve or disapprove a triennial highway safety plan
of a State by not later than 60 days after the date on
which the plan is received by the Secretary.</DELETED>
<DELETED> ``(B) Additional information.--</DELETED>
<DELETED> ``(i) In general.--The Secretary
may request a State to submit to the Secretary
such additional information as the Secretary
determines to be necessary for review of the
triennial highway safety plan of the
State.</DELETED>
<DELETED> ``(ii) Extension of deadline.--On
providing to a State a request for additional
information under clause (i), the Secretary may
extend the deadline to approve or disapprove
the triennial highway safety plan of the State
under subparagraph (A) for not more than an
additional 90 days, as the Secretary determines
to be necessary to accommodate that request,
subject to clause (iii).</DELETED>
<DELETED> ``(iii) Timing.--Any additional
information requested under clause (i) shall be
submitted to the Secretary by not later than 7
business days after the date of receipt by the
State of the request.'';</DELETED>
<DELETED> (7) by inserting after subsection (k) the
following:</DELETED>
<DELETED> ``(l) Annual Grant Application and Reporting
Requirements.--</DELETED>
<DELETED> ``(1) Annual grant application.--</DELETED>
<DELETED> ``(A) In general.--To be eligible to
receive grant funds under this chapter for a fiscal
year, each State shall submit to the Secretary an
annual grant application that, as determined by the
Secretary--</DELETED>
<DELETED> ``(i) demonstrates alignment with
the approved triennial highway safety plan of
the State; and</DELETED>
<DELETED> ``(ii) complies with the
requirements under this subsection.</DELETED>
<DELETED> ``(B) Timing.--The deadline for submission
of annual grant applications under this paragraph shall
be determined by the Secretary in accordance with
section 406(d)(2).</DELETED>
<DELETED> ``(C) Contents.--An annual grant
application under this paragraph shall include, at a
minimum--</DELETED>
<DELETED> ``(i) such updates as the State
determines to be necessary to any analysis
included in the triennial highway safety plan
of the State;</DELETED>
<DELETED> ``(ii) an identification of each
project and subrecipient to be funded by the
State using the grants during the upcoming
grant year, subject to the condition that the
State shall separately submit, on a date other
than the date of submission of the annual grant
application, a description of any projects or
subrecipients to be funded, as that information
becomes available;</DELETED>
<DELETED> ``(iii) a description of the means
by which the strategy of the State to use grant
funds was adjusted and informed by the previous
report of the State under paragraph (2);
and</DELETED>
<DELETED> ``(iv) an application for any
additional grants available to the State under
this chapter.</DELETED>
<DELETED> ``(D) Review.--The Secretary shall review
and approve or disapprove an annual grant application
under this paragraph by not later than 60 days after
the date of submission of the application.</DELETED>
<DELETED> ``(2) Reporting requirements.--Not later than 120
days after the end of each fiscal year for which a grant is
provided to a State under this chapter, the State shall submit
to the Secretary an annual report that includes--</DELETED>
<DELETED> ``(A) an assessment of the progress made
by the State in achieving the performance targets
identified in the triennial highway safety plan of the
State, based on the most currently available Fatality
Analysis Reporting System data; and</DELETED>
<DELETED> ``(B)(i) a description of the extent to
which progress made in achieving those performance
targets is aligned with the triennial highway safety
plan of the State; and</DELETED>
<DELETED> ``(ii) if applicable, any plans of the
State to adjust a strategy for programming funds to
achieve the performance targets.'';</DELETED>
<DELETED> (8) in subsection (m)(1), by striking ``a State's
highway safety plan'' and inserting ``the applicable triennial
highway safety plan of the State''; and</DELETED>
<DELETED> (9) by striking subsection (n) and inserting the
following:</DELETED>
<DELETED> ``(n) Public Transparency.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall publicly
release on a Department of Transportation website, by not later
than 45 calendar days after the applicable date of
availability--</DELETED>
<DELETED> ``(A) each triennial highway safety plan
approved by the Secretary under subsection
(k);</DELETED>
<DELETED> ``(B) each State performance target under
subsection (k); and</DELETED>
<DELETED> ``(C) an evaluation of State achievement
of applicable performance targets under subsection
(k).</DELETED>
<DELETED> ``(2) State highway safety plan website.--
</DELETED>
<DELETED> ``(A) In general.--In carrying out
paragraph (1), the Secretary shall establish a public
website that is easily accessible, navigable, and
searchable for the information required under that
paragraph, in order to foster greater transparency in
approved State highway safety programs.</DELETED>
<DELETED> ``(B) Contents.--The website established
under subparagraph (A) shall--</DELETED>
<DELETED> ``(i) include the applicable
triennial highway safety plan, and the annual
report, of each State submitted to, and
approved by, the Secretary under subsection
(k); and</DELETED>
<DELETED> ``(ii) provide a means for the
public to search the website for State highway
safety program content required under
subsection (k), including--</DELETED>
<DELETED> ``(I) performance measures
required by the Secretary;</DELETED>
<DELETED> ``(II) progress made
toward meeting the applicable
performance targets during the
preceding program year;</DELETED>
<DELETED> ``(III) program areas and
expenditures; and</DELETED>
<DELETED> ``(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
triennial highway safety plan of the
State.''.</DELETED>
<DELETED> (b) Effective Date.--The amendments made by subsection (a)
shall take effect with respect to any grant application or State
highway safety plan submitted under chapter 4 of title 23, United
States Code, for fiscal year 2024 or thereafter.</DELETED>
<DELETED>SEC. 4103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.</DELETED>
<DELETED> Section 403 of title 23, United States Code, is amended--
</DELETED>
<DELETED> (1) by striking ``accident'' each place it appears
and inserting ``crash'';</DELETED>
<DELETED> (2) in subsection (b)(1), in the matter preceding
subparagraph (A), by inserting ``, training, education,'' after
``demonstration projects'';</DELETED>
<DELETED> (3) in subsection (f)(1)--</DELETED>
<DELETED> (A) by striking ``$2,500,000'' and
inserting ``$3,500,000'';</DELETED>
<DELETED> (B) by striking ``subsection 402(c) in
each fiscal year ending before October 1, 2015'' and
inserting ``section 402(c)(2) in each fiscal year
ending before October 1, 2021''; and</DELETED>
<DELETED> (C) by striking ``section 402(c) in the
period beginning on October 1, 2015, and ending on
December 4, 2015'' and inserting ``section 402(c)(2)
beginning on October 1, 2021, and ending on December 4,
2021'';</DELETED>
<DELETED> (4) in subsection (h)--</DELETED>
<DELETED> (A) by redesignating paragraphs (1), (2),
(3), (4), and (5) as paragraphs (2), (3), (4), (5), and
(1), respectively, and moving the paragraphs so as to
appear in numerical order;</DELETED>
<DELETED> (B) in subparagraph (A) of paragraph (1)
(as so redesignated), by striking ``section
30102(a)(6)'' and inserting ``section 30102(a)'';
and</DELETED>
<DELETED> (C) in paragraph (3) (as so redesignated),
by striking ``paragraph (1)'' and inserting ``paragraph
(2)''; and</DELETED>
<DELETED> (5) by adding at the end the following:</DELETED>
<DELETED> ``(k) Child Safety Campaign.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall carry out
an education campaign to reduce the incidence of vehicular
heatstroke of children left in passenger motor vehicles (as
defined in section 30102(a) of title 49).</DELETED>
<DELETED> ``(2) Advertising.--The Secretary may use, or
authorize the use of, funds made available to carry out this
section to pay for the development, production, and use of
broadcast and print media advertising and Internet-based
outreach for the education campaign under paragraph
(1).</DELETED>
<DELETED> ``(3) Coordination.--In carrying out the education
campaign under paragraph (1), the Secretary shall coordinate
with--</DELETED>
<DELETED> ``(A) interested State and local
governments;</DELETED>
<DELETED> ``(B) private industry; and</DELETED>
<DELETED> ``(C) other parties, as determined by the
Secretary.</DELETED>
<DELETED> ``(l) Development of State Processes for Informing
Consumers of Recalls.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Motor vehicle.--The term `motor
vehicle' has the meaning given the term in section
30102(a) of title 49.</DELETED>
<DELETED> ``(B) Open recall.--The term `open recall'
means a motor vehicle recall--</DELETED>
<DELETED> ``(i) for which a notification by
a manufacturer has been provided under section
30119 of title 49; and</DELETED>
<DELETED> ``(ii) that has not been remedied
under section 30120 of that title.</DELETED>
<DELETED> ``(C) Program.--The term `program' means
the program established under paragraph
(2)(A).</DELETED>
<DELETED> ``(D) Registration.--The term
`registration' means the process for registering a
motor vehicle in a State (including registration
renewal).</DELETED>
<DELETED> ``(E) State.--The term `State' has the
meaning given the term in section 101(a).</DELETED>
<DELETED> ``(2) Grants.--</DELETED>
<DELETED> ``(A) Establishment of program.--Not later
than 2 years after the date of enactment of this
subsection, the Secretary shall establish a program
under which the Secretary shall provide grants to
States for use in developing and implementing State
processes for informing each applicable owner and
lessee of a motor vehicle of any open recall on the
motor vehicle at the time of registration of the motor
vehicle in the State, in accordance with this
paragraph.</DELETED>
<DELETED> ``(B) Eligibility.--To be eligible to
receive a grant under the program, a State shall--
</DELETED>
<DELETED> ``(i) submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
may require; and</DELETED>
<DELETED> ``(ii) agree--</DELETED>
<DELETED> ``(I) to notify each owner
or lessee of a motor vehicle presented
for registration in the State of any
open recall on that motor vehicle;
and</DELETED>
<DELETED> ``(II) to provide to each
owner or lessee of a motor vehicle
presented for registration, at no
cost--</DELETED>
<DELETED> ``(aa) the open
recall information for the
motor vehicle; and</DELETED>
<DELETED> ``(bb) such other
information as the Secretary
may require.</DELETED>
<DELETED> ``(C) Factors for consideration.--In
selecting grant recipients under the program, the
Secretary shall take into consideration the methodology
of a State for--</DELETED>
<DELETED> ``(i) identifying open recalls on
a motor vehicle;</DELETED>
<DELETED> ``(ii) informing each owner and
lessee of a motor vehicle of an open recall;
and</DELETED>
<DELETED> ``(iii) measuring performance in--
</DELETED>
<DELETED> ``(I) informing owners and
lessees of open recalls; and</DELETED>
<DELETED> ``(II) remedying open
recalls.</DELETED>
<DELETED> ``(D) Performance period.--A grant
provided under the program shall require a performance
period of 2 years.</DELETED>
<DELETED> ``(E) Report.--Not later than 90 days
after the date of completion of the performance period
under subparagraph (D), each State that receives a
grant under the program shall submit to the Secretary a
report that contains such information as the Secretary
considers to be necessary to evaluate the extent to
which open recalls have been remedied in the
State.</DELETED>
<DELETED> ``(F) No regulations required.--
Notwithstanding any other provision of law, the
Secretary shall not be required to issue any
regulations to carry out the program.</DELETED>
<DELETED> ``(3) Paperwork reduction act.--Chapter 35 of
title 44 (commonly known as the `Paperwork Reduction Act')
shall not apply to information collected under the
program.</DELETED>
<DELETED> ``(4) Funding.--For each of fiscal years 2022
through 2026, the Secretary shall obligate from funds made
available to carry out this section $1,500,000 to carry out the
program.</DELETED>
<DELETED> ``(m) Innovative Highway Safety Countermeasures.--
</DELETED>
<DELETED> ``(1) In general.--In conducting research under
this section, the Secretary shall evaluate the effectiveness of
innovative behavioral traffic safety countermeasures, other
than traffic enforcement, that are considered promising or
likely to be effective for the purpose of enriching revisions
to the document entitled `Countermeasures That Work: A Highway
Safety Countermeasure Guide for State Highway Safety Offices,
Ninth Edition' and numbered DOT HS 812 478 (or any successor
document).</DELETED>
<DELETED> ``(2) Treatment.--The research described in
paragraph (1) shall be in addition to any other research
carried out under this section.''.</DELETED>
<DELETED>SEC. 4104. HIGH-VISIBILITY ENFORCEMENT PROGRAMS.</DELETED>
<DELETED> Section 404(a) of title 23, United States Code, is amended
by striking ``each of fiscal years 2016 through 2020'' and inserting
``each fiscal year''.</DELETED>
<DELETED>SEC. 4105. NATIONAL PRIORITY SAFETY PROGRAMS.</DELETED>
<DELETED> (a) In General.--Section 405 of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking paragraphs (6) and
(9);</DELETED>
<DELETED> (B) by redesignating paragraphs (1)
through (5) as paragraphs (2) through (6),
respectively;</DELETED>
<DELETED> (C) by striking the subsection designation
and heading and all that follows through ``the
following:'' in the matter preceding paragraph (2) (as
so redesignated) and inserting the following:</DELETED>
<DELETED> ``(a) Program Authority.--</DELETED>
<DELETED> ``(1) In general.--Subject to the requirements of
this section, the Secretary shall--</DELETED>
<DELETED> ``(A) manage programs to address national
priorities for reducing highway deaths and injuries;
and</DELETED>
<DELETED> ``(B) allocate funds for the purpose
described in subparagraph (A) in accordance with this
subsection.'';</DELETED>
<DELETED> (D) in paragraph (4) (as so redesignated),
by striking ``52.5 percent'' and inserting ``53
percent'';</DELETED>
<DELETED> (E) in paragraph (7)--</DELETED>
<DELETED> (i) by striking ``5 percent'' and
inserting ``7 percent''; and</DELETED>
<DELETED> (ii) by striking ``subsection
(h)'' and inserting ``subsection
(g)'';</DELETED>
<DELETED> (F) by redesignating paragraphs (8) and
(10) as paragraphs (10) and (11),
respectively;</DELETED>
<DELETED> (G) by inserting after paragraph (7) the
following:</DELETED>
<DELETED> ``(8) Preventing roadside deaths.--In each fiscal
year, 1 percent of the funds provided under this section shall
be allocated among States that meet requirements with respect
to preventing roadside deaths under subsection (h).</DELETED>
<DELETED> ``(9) Driver officer safety education.--In each
fiscal year, 1 percent of the funds provided under this section
shall be allocated among States that meet requirements with
respect to driver and officer safety education under subsection
(i).''; and</DELETED>
<DELETED> (H) in paragraph (10) (as so
redesignated)--</DELETED>
<DELETED> (i) by striking ``(1) through
(7)'' and inserting ``(2) through (9)'';
and</DELETED>
<DELETED> (ii) by striking ``(b) through
(h)'' and inserting ``(b) through
(i)'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``of
Transportation'';</DELETED>
<DELETED> (B) in paragraph (3)(B)(ii)(VI)(aa), by
striking ``3-year'' and inserting ``5-year'';
and</DELETED>
<DELETED> (C) in paragraph (4)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking clause (v) and inserting the
following:</DELETED>
<DELETED> ``(v) implement programs--
</DELETED>
<DELETED> ``(I) to recruit and train
nationally certified child passenger
safety technicians among police
officers, fire and other first
responders, emergency medical
personnel, and other individuals or
organizations serving low-income and
underserved populations;</DELETED>
<DELETED> ``(II) to educate parents
and caregivers in low-income and
underserved populations regarding the
importance of proper use and correct
installation of child restraints on
every trip in a motor vehicle;
and</DELETED>
<DELETED> ``(III) to purchase and
distribute child restraints to low-
income and underserved populations;
and''; and</DELETED>
<DELETED> (ii) by striking subparagraph (B)
and inserting the following:</DELETED>
<DELETED> ``(B) Requirements.--Each State that is
eligible to receive funds--</DELETED>
<DELETED> ``(i) under paragraph (3)(A) shall
use--</DELETED>
<DELETED> ``(I) not more than 90
percent of those funds to carry out a
project or activity eligible for
funding under section 402;
and</DELETED>
<DELETED> ``(II) any remaining funds
to carry out subparagraph (A)(v);
and</DELETED>
<DELETED> ``(ii) under paragraph (3)(B)
shall use not less than 10 percent of those
funds to carry out the activities described in
subparagraph (A)(v).'';</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by striking ``of
Transportation''; and</DELETED>
<DELETED> (ii) in subparagraph (D), by
striking ``States; and'' and inserting
``States, including the National EMS
Information System;'';</DELETED>
<DELETED> (B) in paragraph (3)--</DELETED>
<DELETED> (i) by striking the paragraph
designation and heading and all that follows
through ``has a functioning'' in subparagraph
(A) and inserting the following:</DELETED>
<DELETED> ``(3) Eligibility.--A State shall not be eligible
to receive a grant under this subsection for a fiscal year
unless the State--</DELETED>
<DELETED> ``(A) has certified to the Secretary that
the State--</DELETED>
<DELETED> ``(i) has a
functioning'';</DELETED>
<DELETED> (ii) in subparagraph (B)--
</DELETED>
<DELETED> (I) by adding ``and''
after the semicolon at the end;
and</DELETED>
<DELETED> (II) by redesignating the
subparagraph as clause (ii) of
subparagraph (A) and indenting the
clause appropriately;</DELETED>
<DELETED> (iii) in subparagraph (C)--
</DELETED>
<DELETED> (I) by adding ``and''
after the semicolon at the end;
and</DELETED>
<DELETED> (II) by redesignating the
subparagraph as clause (iii) of
subparagraph (A) and indenting the
clause appropriately;</DELETED>
<DELETED> (iv) by redesignating subparagraph
(D) as subparagraph (B);</DELETED>
<DELETED> (v) in clause (vi) of subparagraph
(B) (as so redesignated), by striking ``; and''
and inserting a period; and</DELETED>
<DELETED> (vi) by striking subparagraph
(E);</DELETED>
<DELETED> (C) by striking paragraph (4) and
inserting the following:</DELETED>
<DELETED> ``(4) Use of grant amounts.--A State may use a
grant received under this subsection to make data program
improvements to core highway safety databases relating to
quantifiable, measurable progress in any significant data
program attribute described in paragraph (3)(B), including
through--</DELETED>
<DELETED> ``(A) software or applications to
identify, collect, and report data to State and local
government agencies, and enter data into State core
highway safety databases, including crash, citation or
adjudication, driver, emergency medical services or
injury surveillance system, roadway, and vehicle
data;</DELETED>
<DELETED> ``(B) purchasing equipment to improve a
process by which data are identified, collated, and
reported to State and local government agencies,
including technology for use by law enforcement for
near-real time, electronic reporting of crash
data;</DELETED>
<DELETED> ``(C) improving the compatibility and
interoperability of the core highway safety databases
of the State with national data systems and data
systems of other States, including the National EMS
Information System;</DELETED>
<DELETED> ``(D) enhancing the ability of a State and
the Secretary to observe and analyze local, State, and
national trends in crash occurrences, rates, outcomes,
and circumstances;</DELETED>
<DELETED> ``(E) supporting traffic records
improvement training and expenditures for law
enforcement, emergency medical, judicial,
prosecutorial, and traffic records
professionals;</DELETED>
<DELETED> ``(F) hiring traffic records professionals
for the purpose of improving traffic information
systems (including a State Fatal Accident Reporting
System (FARS) liaison);</DELETED>
<DELETED> ``(G) adoption of the Model Minimum
Uniform Crash Criteria, or providing to the public
information regarding why any of those criteria will
not be used, if applicable;</DELETED>
<DELETED> ``(H) supporting reporting criteria
relating to emerging topics, including--</DELETED>
<DELETED> ``(i) impaired driving as a result
of drug, alcohol, or polysubstance consumption;
and</DELETED>
<DELETED> ``(ii) advanced technologies
present on motor vehicles; and</DELETED>
<DELETED> ``(I) conducting research relating to
State traffic safety information systems, including
developing programs to improve core highway safety
databases and processes by which data are identified,
collected, reported to State and local government
agencies, and entered into State core safety
databases.''; and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(6) Technical assistance.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
provide technical assistance to States, regardless of
whether a State receives a grant under this subsection,
with respect to improving the timeliness, accuracy,
completeness, uniformity, integration, and public
accessibility of State safety data that are needed to
identify priorities for Federal, State, and local
highway and traffic safety programs, including on
adoption by a State of the Model Minimum Uniform Crash
Criteria.</DELETED>
<DELETED> ``(B) Funds.--The Secretary may use not
more than 3 percent of the amounts available under this
subsection to carry out subparagraph (A).'';</DELETED>
<DELETED> (4) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (4)--</DELETED>
<DELETED> (i) in subparagraph (B)--
</DELETED>
<DELETED> (I) by striking clause
(iii) and inserting the
following:</DELETED>
<DELETED> ``(iii) court support of impaired
driving prevention efforts, including--
</DELETED>
<DELETED> ``(I) hiring criminal
justice professionals, including law
enforcement officers, prosecutors,
traffic safety resource prosecutors,
judges, judicial outreach liaisons, and
probation officers;</DELETED>
<DELETED> ``(II) training and
education of those professionals to
assist the professionals in preventing
impaired driving and handling impaired
driving cases, including by providing
compensation to a law enforcement
officer to carry out safety grant
activities to replace a law enforcement
officer who is receiving drug
recognition expert training or
participating as an instructor in that
drug recognition expert training;
and</DELETED>
<DELETED> ``(III) establishing
driving while intoxicated
courts;'';</DELETED>
<DELETED> (II) by striking clause
(v) and inserting the
following:</DELETED>
<DELETED> ``(v) improving blood alcohol and
drug concentration screening and testing,
detection of potentially impairing drugs
(including through the use of oral fluid as a
specimen), and reporting relating to testing
and detection;'';</DELETED>
<DELETED> (III) in clause (vi), by
striking ``conducting standardized
field sobriety training, advanced
roadside impaired driving evaluation
training, and'' and inserting
``conducting initial and continuing
standardized field sobriety training,
advanced roadside impaired driving
evaluation training, law enforcement
phlebotomy training, and'';</DELETED>
<DELETED> (IV) in clause (ix), by
striking ``and'' at the end;</DELETED>
<DELETED> (V) in clause (x), by
striking the period at the end and
inserting ``; and''; and</DELETED>
<DELETED> (VI) by adding at the end
the following:</DELETED>
<DELETED> ``(xi) testing and implementing
programs, and purchasing technologies, to
better identify, monitor, or treat impaired
drivers, including--</DELETED>
<DELETED> ``(I) oral fluid-screening
technologies;</DELETED>
<DELETED> ``(II) electronic warrant
programs;</DELETED>
<DELETED> ``(III) equipment to
increase the scope, quantity, quality,
and timeliness of forensic toxicology
chemical testing;</DELETED>
<DELETED> ``(IV) case management
software to support the management of
impaired driving offenders;
and</DELETED>
<DELETED> ``(V) technology to
monitor impaired-driving offenders, and
equipment and related expenditures used
in connection with impaired-driving
enforcement in accordance with criteria
established by the National Highway
Traffic Safety Administration.'';
and</DELETED>
<DELETED> (ii) in subparagraph (C)--
</DELETED>
<DELETED> (I) in the second
sentence, by striking ``Medium-range''
and inserting the following:</DELETED>
<DELETED> ``(ii) Medium-range and high-range
states.--Subject to clause (iii), medium-
range'';</DELETED>
<DELETED> (II) in the first
sentence, by striking ``Low-range'' and
inserting the following:</DELETED>
<DELETED> ``(i) Low-range states.--Subject
to clause (iii), low-range''; and</DELETED>
<DELETED> (III) by adding at the end
the following:</DELETED>
<DELETED> ``(iii) Reporting and impaired
driving measures.--A State may use grant funds
for any expenditure relating to--</DELETED>
<DELETED> ``(I) increasing the
timely and accurate reporting to
Federal, State, and local databases
of--</DELETED>
<DELETED> ``(aa) crash
information, including
electronic crash reporting
systems that allow accurate
real- or near-real-time
uploading of crash information;
and</DELETED>
<DELETED> ``(bb) impaired
driving criminal justice
information; or</DELETED>
<DELETED> ``(II) researching or
evaluating impaired driving
countermeasures.'';</DELETED>
<DELETED> (B) in paragraph (6)--</DELETED>
<DELETED> (i) by striking subparagraph (A)
and inserting the following:</DELETED>
<DELETED> ``(A) Grants to states with alcohol-
ignition interlock laws.--The Secretary shall make a
separate grant under this subsection to each State
that--</DELETED>
<DELETED> ``(i) adopts, and is enforcing, a
mandatory alcohol-ignition interlock law for
all individuals convicted of driving under the
influence of alcohol or of driving while
intoxicated;</DELETED>
<DELETED> ``(ii) does not allow an
individual convicted of driving under the
influence of alcohol or of driving while
intoxicated to receive any driving privilege or
driver's license unless the individual installs
on each motor vehicle registered, owned, or
leased for operation by the individual an
ignition interlock for a period of not less
than 180 days; or</DELETED>
<DELETED> ``(iii) has in effect, and is
enforcing--</DELETED>
<DELETED> ``(I) a State law
requiring for any individual who is
convicted of, or the driving privilege
of whom is revoked or denied for,
refusing to submit to a chemical or
other appropriate test for the purpose
of determining the presence or
concentration of any intoxicating
substance, a State law requiring a
period of not less than 180 days of
ignition interlock installation on each
motor vehicle to be operated by the
individual; and</DELETED>
<DELETED> ``(II) a compliance-based
removal program, under which an
individual convicted of driving under
the influence of alcohol or of driving
while intoxicated shall--</DELETED>
<DELETED> ``(aa) satisfy a
period of not less than 180
days of ignition interlock
installation on each motor
vehicle to be operated by the
individual; and</DELETED>
<DELETED> ``(bb) have
completed a minimum consecutive
period of not less than 40
percent of the required period
of ignition interlock
installation immediately
preceding the date of release
of the individual, without a
confirmed violation.'';
and</DELETED>
<DELETED> (ii) in subparagraph (D), by
striking ``2009'' and inserting ``2022'';
and</DELETED>
<DELETED> (C) in paragraph (7)(A), in the matter
preceding clause (i), by inserting ``or local'' after
``authorizes a State'';</DELETED>
<DELETED> (5) in subsection (e)--</DELETED>
<DELETED> (A) by striking paragraphs (6) and
(8);</DELETED>
<DELETED> (B) by redesignating paragraphs (1), (2),
(3), (4), (5), (7), and (9) as paragraphs (2), (4),
(6), (7), (8), (9), and (1), respectively, and moving
the paragraphs so as to appear in numerical
order;</DELETED>
<DELETED> (C) in paragraph (1) (as so
redesignated)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by striking ``, the following
definitions apply'';</DELETED>
<DELETED> (ii) by striking subparagraph (B)
and inserting the following:</DELETED>
<DELETED> ``(B) Personal wireless communications
device.--</DELETED>
<DELETED> ``(i) In general.--The term
`personal wireless communications device'
means--</DELETED>
<DELETED> ``(I) a device through
which personal wireless services (as
defined in section 332(c)(7)(C) of the
Communications Act of 1934 (47 U.S.C.
332(c)(7)(C))) are transmitted;
and</DELETED>
<DELETED> ``(II) a mobile telephone
or other portable electronic
communication device with which a user
engages in a call or writes, sends, or
reads a text message using at least 1
hand.</DELETED>
<DELETED> ``(ii) Exclusion.--The term
`personal wireless communications device' does
not include a global navigation satellite
system receiver used for positioning, emergency
notification, or navigation purposes.'';
and</DELETED>
<DELETED> (iii) by striking subparagraph (E)
and inserting the following:</DELETED>
<DELETED> ``(E) Text.--The term `text' means--
</DELETED>
<DELETED> ``(i) to read from, or manually to
enter data into, a personal wireless
communications device, including for the
purpose of SMS texting, emailing, instant
messaging, or any other form of electronic data
retrieval or electronic data communication;
and</DELETED>
<DELETED> ``(ii) manually to enter, send, or
retrieve a text message to communicate with
another individual or device.</DELETED>
<DELETED> ``(F) Text message.--</DELETED>
<DELETED> ``(i) In general.--The term `text
message' means--</DELETED>
<DELETED> ``(I) a text-based
message;</DELETED>
<DELETED> ``(II) an instant
message;</DELETED>
<DELETED> ``(III) an electronic
message; and</DELETED>
<DELETED> ``(IV) email.</DELETED>
<DELETED> ``(ii) Exclusions.--The term `text
message' does not include--</DELETED>
<DELETED> ``(I) an emergency,
traffic, or weather alert; or</DELETED>
<DELETED> ``(II) a message relating
to the operation or navigation of a
motor vehicle.'';</DELETED>
<DELETED> (D) by striking paragraph (2) (as so
redesignated) and inserting the following:</DELETED>
<DELETED> ``(2) Grant program.--The Secretary shall provide
a grant under this subsection to any State that includes
distracted driving awareness as part of the driver's license
examination of the State.</DELETED>
<DELETED> ``(3) Allocation.--</DELETED>
<DELETED> ``(A) In general.--For each fiscal year,
not less than 50 percent of the amounts made available
to carry out this subsection shall be allocated to
States, based on the proportion that--</DELETED>
<DELETED> ``(i) the apportionment of the
State under section 402 for fiscal year 2009;
bears to</DELETED>
<DELETED> ``(ii) the apportionment of all
States under section 402 for that fiscal
year.</DELETED>
<DELETED> ``(B) Grants for states with distracted
driving laws.--</DELETED>
<DELETED> ``(i) In general.--In addition to
the allocations under subparagraph (A), for
each fiscal year, not more than 50 percent of
the amounts made available to carry out this
subsection shall be allocated to States that
enact and enforce a law that meets the
requirements of paragraph (4), (5), or (6)--
</DELETED>
<DELETED> ``(I) based on the
proportion that--</DELETED>
<DELETED> ``(aa) the
apportionment of the State
under section 402 for fiscal
year 2009; bears to</DELETED>
<DELETED> ``(bb) the
apportionment of all States
under section 402 for that
fiscal year; and</DELETED>
<DELETED> ``(II) subject to clauses
(ii), (iii), and (iv), as
applicable.</DELETED>
<DELETED> ``(ii) Primary laws.--Subject to
clause (iv), in the case of a State that enacts
and enforces a law that meets the requirements
of paragraph (4), (5), or (6) as a primary
offense, the allocation to the State under this
subparagraph shall be 100 percent of the amount
calculated to be allocated to the State under
clause (i)(I).</DELETED>
<DELETED> ``(iii) Secondary laws.--Subject
to clause (iv), in the case of a State that
enacts and enforces a law that meets the
requirements of paragraph (4), (5), or (6) as a
secondary enforcement action, the allocation to
the State under this subparagraph shall be an
amount equal to 50 percent of the amount
calculated to be allocated to the State under
clause (i)(I).</DELETED>
<DELETED> ``(iv) Texting while driving.--
Notwithstanding clauses (ii) and (iii), the
allocation under this subparagraph to a State
that enacts and enforces a law that prohibits a
driver from viewing a personal wireless
communications device (except for purposes of
navigation) shall be 25 percent of the amount
calculated to be allocated to the State under
clause (i)(I).'';</DELETED>
<DELETED> (E) in paragraph (4) (as so
redesignated)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by striking ``set forth in
this'' and inserting ``of this'';</DELETED>
<DELETED> (ii) by striking subparagraph
(B);</DELETED>
<DELETED> (iii) by redesignating
subparagraphs (C) and (D) as subparagraphs (B)
and (C), respectively;</DELETED>
<DELETED> (iv) in subparagraph (B) (as so
redesignated), by striking ``minimum'';
and</DELETED>
<DELETED> (v) in subparagraph (C) (as so
redesignated), by striking ``text through a
personal wireless communication device'' and
inserting ``use a personal wireless
communications device for texting'';</DELETED>
<DELETED> (F) by inserting after paragraph (4) (as
so redesignated) the following:</DELETED>
<DELETED> ``(5) Prohibition on handheld phone use while
driving.--A State law meets the requirements of this paragraph
if the law--</DELETED>
<DELETED> ``(A) prohibits a driver from holding a
personal wireless communications device while
driving;</DELETED>
<DELETED> ``(B) establishes a fine for a violation
of that law; and</DELETED>
<DELETED> ``(C) does not provide for an exemption
that specifically allows a driver to use a personal
wireless communications device for texting while
stopped in traffic.'';</DELETED>
<DELETED> (G) in paragraph (6) (as so
redesignated)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by striking ``set forth in
this'' and inserting ``of this'';</DELETED>
<DELETED> (ii) in subparagraph (A)(ii), by
striking ``set forth in subsection
(g)(2)(B)'';</DELETED>
<DELETED> (iii) by striking subparagraphs
(B) and (D);</DELETED>
<DELETED> (iv) by redesignating subparagraph
(C) as subparagraph (B);</DELETED>
<DELETED> (v) in subparagraph (B) (as so
redesignated), by striking ``minimum'';
and</DELETED>
<DELETED> (vi) by adding at the end the
following:</DELETED>
<DELETED> ``(C) does not provide for--</DELETED>
<DELETED> ``(i) an exemption that
specifically allows a driver to use a personal
wireless communications device for texting
while stopped in traffic; or</DELETED>
<DELETED> ``(ii) an exemption described in
paragraph (7)(E).''; and</DELETED>
<DELETED> (H) in paragraph (7) (as so
redesignated)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by striking ``set forth in
paragraph (2) or (3)'' and inserting ``of
paragraph (4), (5), or (6)'';</DELETED>
<DELETED> (ii) by striking subparagraph (A)
and inserting the following:</DELETED>
<DELETED> ``(A) a driver who uses a personal
wireless communications device during an emergency to
contact emergency services to prevent injury to persons
or property;'';</DELETED>
<DELETED> (iii) in subparagraph (C), by
striking ``and'' at the end;</DELETED>
<DELETED> (iv) by redesignating subparagraph
(D) as subparagraph (F); and</DELETED>
<DELETED> (v) by inserting after
subparagraph (C) the following:</DELETED>
<DELETED> ``(D) a driver who uses a personal
wireless communications device for
navigation;</DELETED>
<DELETED> ``(E) except for a law described in
paragraph (6), the use of a personal wireless
communications device--</DELETED>
<DELETED> ``(i) in a hands-free
manner;</DELETED>
<DELETED> ``(ii) with a hands-free
accessory; or</DELETED>
<DELETED> ``(iii) with the activation or
deactivation of a feature or function of the
personal wireless communications device with
the motion of a single swipe or tap of the
finger of the driver; and'';</DELETED>
<DELETED> (6) in subsection (f)(3)--</DELETED>
<DELETED> (A) in subparagraph (A)(i), by striking
``accident'' and inserting ``crash'';</DELETED>
<DELETED> (B) by redesignating subparagraphs (C)
through (F) as subparagraphs (D) through (G),
respectively;</DELETED>
<DELETED> (C) by inserting after subparagraph (B)
the following:</DELETED>
<DELETED> ``(C) Helmet law.--A State law requiring
the use of a helmet for each motorcycle rider under the
age of 18.''; and</DELETED>
<DELETED> (D) in subparagraph (F) (as so
redesignated), in the subparagraph heading, by striking
``accidents'' and inserting ``crashes'';</DELETED>
<DELETED> (7) by striking subsection (g);</DELETED>
<DELETED> (8) by redesignating subsection (h) as subsection
(g);</DELETED>
<DELETED> (9) in subsection (g) (as so redesignated)--
</DELETED>
<DELETED> (A) by redesignating paragraphs (1)
through (5) as paragraphs (2) through (6),
respectively;</DELETED>
<DELETED> (B) by inserting before paragraph (2) (as
so redesignated) the following:</DELETED>
<DELETED> ``(1) Definition of nonmotorized road user.--In
this subsection, the term `nonmotorized road user' means--
</DELETED>
<DELETED> ``(A) a pedestrian;</DELETED>
<DELETED> ``(B) an individual using a nonmotorized
mode of transportation, including a bicycle, a scooter,
or a personal conveyance; and</DELETED>
<DELETED> ``(C) an individual using a low-speed or
low-horsepower motorized vehicle, including an electric
bicycle, electric scooter, personal mobility assistance
device, personal transporter, or all-terrain
vehicle.'';</DELETED>
<DELETED> (C) in paragraph (2) (as so redesignated),
by striking ``pedestrian and bicycle fatalities and
injuries that result from crashes involving a motor
vehicle'' and inserting ``nonmotorized road user
fatalities involving a motor vehicle in transit on a
trafficway'';</DELETED>
<DELETED> (D) in paragraph (4) (as so redesignated),
by striking ``pedestrian and bicycle'' and inserting
``nonmotorized road user''; and</DELETED>
<DELETED> (E) by striking paragraph (5) (as so
redesignated) and inserting the following:</DELETED>
<DELETED> ``(5) Use of grant amounts.--Grant funds received
by a State under this subsection may be used for the safety of
nonmotorized road users, including--</DELETED>
<DELETED> ``(A) training of law enforcement
officials relating to nonmotorized road user safety,
State laws applicable to nonmotorized road user safety,
and infrastructure designed to improve nonmotorized
road user safety;</DELETED>
<DELETED> ``(B) carrying out a program to support
enforcement mobilizations and campaigns designed to
enforce State traffic laws applicable to nonmotorized
road user safety;</DELETED>
<DELETED> ``(C) public education and awareness
programs designed to inform motorists and nonmotorized
road users regarding--</DELETED>
<DELETED> ``(i) nonmotorized road user
safety, including information relating to
nonmotorized mobility and the importance of
speed management to the safety of nonmotorized
road users;</DELETED>
<DELETED> ``(ii) the value of the use of
nonmotorized road user safety equipment,
including lighting, conspicuity equipment,
mirrors, helmets, and other protective
equipment, and compliance with any State or
local laws requiring the use of that
equipment;</DELETED>
<DELETED> ``(iii) State traffic laws
applicable to nonmotorized road user safety,
including the responsibilities of motorists
with respect to nonmotorized road users;
and</DELETED>
<DELETED> ``(iv) infrastructure designed to
improve nonmotorized road user safety;
and</DELETED>
<DELETED> ``(D) the collection of data, and the
establishment and maintenance of data systems, relating
to nonmotorized road user traffic fatalities.'';
and</DELETED>
<DELETED> (10) by adding at the end the following:</DELETED>
<DELETED> ``(h) Preventing Roadside Deaths.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall provide
grants to States to prevent death and injury from crashes
involving motor vehicles striking other vehicles and
individuals stopped at the roadside.</DELETED>
<DELETED> ``(2) Federal share.--The Federal share of the
cost of carrying out an activity funded through a grant under
this subsection may not exceed 80 percent.</DELETED>
<DELETED> ``(3) Eligibility.--A State shall receive a grant
under this subsection in a fiscal year if the State submits to
the Secretary a plan that describes the method by which the
State will use grant funds in accordance with paragraph
(4).</DELETED>
<DELETED> ``(4) Use of funds.--Amounts received by a State
under this subsection shall be used by the State--</DELETED>
<DELETED> ``(A) to purchase and deploy digital alert
technology that--</DELETED>
<DELETED> ``(i) is capable of receiving
alerts regarding nearby first responders;
and</DELETED>
<DELETED> ``(ii) in the case of a motor
vehicle that is used for emergency response
activities, is capable of sending alerts to
civilian drivers to protect first responders on
the scene and en route;</DELETED>
<DELETED> ``(B) to educate the public regarding the
safety of vehicles and individuals stopped at the
roadside in the State through public information
campaigns for the purpose of reducing roadside deaths
and injury;</DELETED>
<DELETED> ``(C) for law enforcement costs relating
to enforcing State laws to protect the safety of
vehicles and individuals stopped at the roadside;
and</DELETED>
<DELETED> ``(D) for programs to identify, collect,
and report to State and local government agencies data
relating to crashes involving vehicles and individuals
stopped at the roadside.</DELETED>
<DELETED> ``(5) Grant amount.--The allocation of grant funds
to a State under this subsection for a fiscal year shall be in
proportion to the apportionment of that State under section 402
for fiscal year 2022.</DELETED>
<DELETED> ``(i) Driver and Officer Safety Education.--</DELETED>
<DELETED> ``(1) Definition of peace officer.--In this
subsection, the term `peace officer' includes any individual--
</DELETED>
<DELETED> ``(A) who is an elected, appointed, or
employed agent of a government entity;</DELETED>
<DELETED> ``(B) who has the authority--</DELETED>
<DELETED> ``(i) to carry firearms;
and</DELETED>
<DELETED> ``(ii) to make warrantless
arrests; and</DELETED>
<DELETED> ``(C) whose duties involve the enforcement
of criminal laws of the United States.</DELETED>
<DELETED> ``(2) Grants.--Subject to the requirements of this
subsection, the Secretary shall provide grants to--</DELETED>
<DELETED> ``(A) States that enact or adopt a law or
program described in paragraph (4); and</DELETED>
<DELETED> ``(B) qualifying States under paragraph
(7).</DELETED>
<DELETED> ``(3) Federal share.--The Federal share of the
cost of carrying out an activity funded through a grant under
this subsection may not exceed 80 percent.</DELETED>
<DELETED> ``(4) Description of law or program.--A law or
program referred to in paragraph (2)(A) is a law or program
that requires 1 or more of the following:</DELETED>
<DELETED> ``(A) Driver education and driving safety
courses.--The inclusion, in driver education and driver
safety courses provided to individuals by educational
and motor vehicle agencies of the State, of instruction
and testing relating to law enforcement practices
during traffic stops, including information relating
to--</DELETED>
<DELETED> ``(i) the role of law enforcement
and the duties and responsibilities of peace
officers;</DELETED>
<DELETED> ``(ii) the legal rights of
individuals concerning interactions with peace
officers;</DELETED>
<DELETED> ``(iii) best practices for
civilians and peace officers during those
interactions;</DELETED>
<DELETED> ``(iv) the consequences for
failure of an individual or officer to comply
with the law or program; and</DELETED>
<DELETED> ``(v) how and where to file a
complaint against, or a compliment relating to,
a peace officer.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Use of funds.--A State may use a grant
provided under this subsection for--</DELETED>
<DELETED> ``(A) the production of educational
materials and training of staff for driver education
and driving safety courses and peace officer training
described in paragraph (4); and</DELETED>
<DELETED> ``(B) the implementation of a law or
program described in paragraph (4).</DELETED>
<DELETED> ``(6) Grant amount.--The allocation of grant funds
to a State under this subsection for a fiscal year shall be in
proportion to the apportionment of that State under section 402
for fiscal year 2022.</DELETED>
<DELETED> ``(7) Special rule for certain states.--</DELETED>
<DELETED> ``(A) Definition of qualifying state.--In
this paragraph, the term `qualifying State' means a
State that--</DELETED>
<DELETED> ``(i) has received a grant under
this subsection for a period of not more than 5
years; and</DELETED>
<DELETED> ``(ii) as determined by the
Secretary--</DELETED>
<DELETED> ``(I) has not fully
enacted or adopted a law or program
described in paragraph (4);
but</DELETED>
<DELETED> ``(II)(aa) has taken
meaningful steps toward the full
implementation of such a law or
program; and</DELETED>
<DELETED> ``(bb) has established a
timetable for the implementation of
such a law or program.</DELETED>
<DELETED> ``(B) Withholding.--The Secretary shall--
</DELETED>
<DELETED> ``(i) withhold 50 percent of the
amount that each qualifying State would
otherwise receive under this subsection if the
qualifying State were a State described in
paragraph (2)(A); and</DELETED>
<DELETED> ``(ii) direct any amounts withheld
under clause (i) for distribution among the
States that are enforcing and carrying out a
law or program described in paragraph
(4).''.</DELETED>
<DELETED> (b) Technical Amendment.--Section 4010(2) of the FAST Act
(23 U.S.C. 405 note; Public Law 114-94) is amended by inserting ``all''
before ``deficiencies''.</DELETED>
<DELETED>SEC. 4106. MULTIPLE SUBSTANCE-IMPAIRED DRIVING
PREVENTION.</DELETED>
<DELETED> (a) Impaired Driving Countermeasures.--Section 154(c)(1)
of title 23, United States Code, is amended by striking ``alcohol-
impaired'' each place it appears and inserting ``impaired''.</DELETED>
<DELETED> (b) Comptroller General Study of National DUI Reporting.--
</DELETED>
<DELETED> (1) In general.--The Comptroller General of the
United States shall conduct a study of the reporting of
impaired driving arrest and citation data into Federal
databases and the interstate sharing of information relating to
impaired driving-related convictions and license suspensions to
facilitate the widespread identification of repeat impaired
driving offenders.</DELETED>
<DELETED> (2) Inclusions.--The study conducted under
paragraph (1) shall include a detailed assessment of--
</DELETED>
<DELETED> (A) the extent to which State and local
criminal justice agencies are reporting impaired
driving arrest and citation data to Federal
databases;</DELETED>
<DELETED> (B) barriers--</DELETED>
<DELETED> (i) at the Federal, State, and
local levels, to the reporting of impaired
driving arrest and citation data to Federal
databases; and</DELETED>
<DELETED> (ii) to the use of those databases
by criminal justice agencies;</DELETED>
<DELETED> (C) Federal, State, and local resources
available to improve the reporting and sharing of
impaired driving data; and</DELETED>
<DELETED> (D) any options or recommendations for
actions that Federal agencies or Congress could take to
further improve the reporting and sharing of impaired
driving data.</DELETED>
<DELETED> (3) Report.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report describing
the results of the study conducted under this
subsection.</DELETED>
<DELETED>SEC. 4107. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING
WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.</DELETED>
<DELETED> Section 164(b)(1) of title 23, United States Code, is
amended--</DELETED>
<DELETED> (1) in subparagraph (A), by striking ``alcohol-
impaired'' and inserting ``alcohol- or multiple substance-
impaired''; and</DELETED>
<DELETED> (2) in subparagraph (B)--</DELETED>
<DELETED> (A) by striking ``intoxicated or driving''
and inserting ``intoxicated, driving while multiple
substance-impaired, or driving''; and</DELETED>
<DELETED> (B) by striking ``alcohol-impaired'' and
inserting ``alcohol- or multiple substance-
impaired''.</DELETED>
<DELETED>SEC. 4108. CRASH DATA.</DELETED>
<DELETED> (a) In General.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall revise the crash data
collection system to include the collection of crash report data
elements that distinguish individual personal conveyance vehicles, such
as electric scooters and bicycles, from other vehicles involved in a
crash.</DELETED>
<DELETED> (b) Coordination.--In carrying out subsection (a), the
Secretary may coordinate with States to update the Model Minimum
Uniform Crash Criteria to provide guidance to States regarding the
collection of information and data elements for the crash data
collection system.</DELETED>
<DELETED> (c) Vulnerable Road Users.--</DELETED>
<DELETED> (1) Update.--Based on the information contained in
the vulnerable road user safety assessments required by
subsection (f) of section 32302 of title 49, United States Code
(as added by section 4213(b)(2)), the Secretary shall modify
existing crash data collection systems to include the
collection of additional crash report data elements relating to
vulnerable road user safety.</DELETED>
<DELETED> (2) Injury health data.--The Secretary shall
coordinate with the Director of the Centers for Disease Control
and Prevention to develop and implement a plan for States to
combine highway crash data and injury health data to produce a
national database of pedestrian injuries and fatalities,
disaggregated by demographic characteristics.</DELETED>
<DELETED> (d) State Electronic Data Collection.--</DELETED>
<DELETED> (1) Definitions.--In this subsection:</DELETED>
<DELETED> (A) Electronic data transfer.--The term
``electronic data transfer'' means a protocol for
automated electronic transfer of State crash data to
the National Highway Traffic Safety
Administration.</DELETED>
<DELETED> (B) State.--The term ``State'' means--
</DELETED>
<DELETED> (i) each of the 50
States;</DELETED>
<DELETED> (ii) the District of
Columbia;</DELETED>
<DELETED> (iii) the Commonwealth of Puerto
Rico;</DELETED>
<DELETED> (iv) the United States Virgin
Islands;</DELETED>
<DELETED> (v) Guam;</DELETED>
<DELETED> (vi) American Samoa;</DELETED>
<DELETED> (vii) the Commonwealth of the
Northern Mariana Islands; and</DELETED>
<DELETED> (viii) the Secretary of the
Interior, acting on behalf of an Indian
Tribe.</DELETED>
<DELETED> (2) Establishment of program.--The Secretary shall
establish a program under which the Secretary shall--</DELETED>
<DELETED> (A) provide grants for the modernization
of State data collection systems to enable full
electronic data transfer under paragraph (3);
and</DELETED>
<DELETED> (B) upgrade the National Highway Traffic
Safety Administration system to manage and support
State electronic data transfers relating to crashes
under paragraph (4).</DELETED>
<DELETED> (3) State grants.--</DELETED>
<DELETED> (A) In general.--The Secretary shall
provide grants to States to upgrade and standardize
State crash data systems to enable electronic data
collection, intrastate data sharing, and electronic
data transfers to the National Highway Traffic Safety
Administration to increase the accuracy, timeliness,
and accessibility of the data, including data relating
to fatalities involving vulnerable road
users.</DELETED>
<DELETED> (B) Eligibility.--A State shall be
eligible to receive a grant under this paragraph if the
State submits to the Secretary an application, at such
time, in such manner, and containing such information
as the Secretary may require, that includes a plan to
implement full electronic data transfer to the National
Highway Traffic Safety Administration by not later than
5 years after the date on which the grant is
provided.</DELETED>
<DELETED> (C) Use of funds.--A grant provided under
this paragraph may be used for the costs of--</DELETED>
<DELETED> (i) equipment to upgrade a
statewide crash data repository;</DELETED>
<DELETED> (ii) adoption of electronic crash
reporting by law enforcement agencies;
and</DELETED>
<DELETED> (iii) increasing alignment of
State crash data with the latest Model Minimum
Uniform Crash Criteria.</DELETED>
<DELETED> (D) Federal share.--The Federal share of
the cost of a project funded with a grant under this
paragraph may be up to 80 percent.</DELETED>
<DELETED> (4) National highway traffic safety administration
system upgrade.--The Secretary shall manage and support State
electronic data transfers relating to vehicle crashes by--
</DELETED>
<DELETED> (A) increasing the capacity of the
National Highway Traffic Safety Administration system;
and</DELETED>
<DELETED> (B) making State crash data accessible to
the public.</DELETED>
<DELETED> (e) Crash Investigation Sampling System.--The Secretary
may use funds made available to carry out this section to enhance the
collection of crash data by upgrading the Crash Investigation Sampling
System to include--</DELETED>
<DELETED> (1) additional program sites;</DELETED>
<DELETED> (2) an expanded scope that includes all crash
types; and</DELETED>
<DELETED> (3) on-scene investigation protocols.</DELETED>
<DELETED> (f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$150,000,000 for each of fiscal years 2022 through 2026, to remain
available for a period of 3 fiscal years following the fiscal year for
which the amounts are appropriated.</DELETED>
<DELETED>SEC. 4109. REVIEW OF MOVE OVER OR SLOW DOWN LAW PUBLIC
AWARENESS.</DELETED>
<DELETED> (a) Definition of Move Over or Slow Down Law.--In this
section, the term ``Move Over or Slow Down Law'' means any Federal or
State law intended to ensure first responder and motorist safety by
requiring motorists to change lanes or slow down when approaching an
authorized emergency vehicle that is stopped or parked on or next to a
roadway with emergency lights activated.</DELETED>
<DELETED> (b) Study.--</DELETED>
<DELETED> (1) In general.--The Comptroller General of the
United States shall carry out a study of the efficacy of Move
Over or Slow Down Laws and related public awareness
campaigns.</DELETED>
<DELETED> (2) Inclusions.--The study under paragraph (1)
shall include--</DELETED>
<DELETED> (A) a review of each Federal and State
Move Over or Slow Down Law, including--</DELETED>
<DELETED> (i) penalties associated with the
Move Over or Slow Down Laws; and</DELETED>
<DELETED> (ii) the level of enforcement of
Move Over or Slow Down Laws;</DELETED>
<DELETED> (B) an identification and description of
each Federal and State public awareness campaign
relating to Move Over or Slow Down Laws; and</DELETED>
<DELETED> (C) a description of the role of the
Department in supporting State efforts with respect to
Move Over or Slow Down Laws, such as conducting
research, collecting data, or supporting public
awareness or education efforts.</DELETED>
<DELETED> (c) Report.--On completion of the study under subsection
(b), the Comptroller General shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that describes--</DELETED>
<DELETED> (1) the findings of the study; and</DELETED>
<DELETED> (2) any recommendations to improve public
awareness campaigns, research, or education efforts relating to
the issues described in subsection (b)(2).</DELETED>
<DELETED>SEC. 4110. REVIEW OF LAWS, SAFETY MEASURES, AND TECHNOLOGIES
RELATING TO SCHOOL BUSES.</DELETED>
<DELETED> (a) Review of Illegal Passing Laws.--</DELETED>
<DELETED> (1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall prepare a
report that--</DELETED>
<DELETED> (A) identifies and describes all illegal
passing laws in each State relating to school buses,
including--</DELETED>
<DELETED> (i) the level of enforcement of
those laws;</DELETED>
<DELETED> (ii) the penalties associated with
those laws;</DELETED>
<DELETED> (iii) any issues relating to the
enforcement of those laws; and</DELETED>
<DELETED> (iv) the effectiveness of those
laws;</DELETED>
<DELETED> (B) reviews existing State laws that may
inhibit the effectiveness of safety countermeasures in
school bus loading zones, such as--</DELETED>
<DELETED> (i) laws that require the face of
a driver to be visible in an image captured by
a camera if enforcement action is to be taken
based on that image;</DELETED>
<DELETED> (ii) laws that may reduce stop-arm
camera effectiveness;</DELETED>
<DELETED> (iii) the need for a law
enforcement officer to witness an event for
enforcement action to be taken; and</DELETED>
<DELETED> (iv) the lack of primary
enforcement for texting and driving
offenses;</DELETED>
<DELETED> (C) identifies the methods used by each
State to review, document, and report to law
enforcement school bus stop-arm violations;
and</DELETED>
<DELETED> (D) identifies best practices relating to
the most effective approaches to address the illegal
passing of school buses.</DELETED>
<DELETED> (2) Publication.--The report under paragraph (1)
shall be made publicly available on the website of the
Department.</DELETED>
<DELETED> (b) Public Safety Messaging Campaign.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall establish
and implement a public safety messaging campaign that uses
public safety media messages, posters, digital media messages,
and other media messages distributed to States, State
departments of motor vehicles, schools, and other public
outlets--</DELETED>
<DELETED> (A) to highlight the importance of
addressing the illegal passing of school buses;
and</DELETED>
<DELETED> (B) to educate students and the public
regarding the safe loading and unloading of schools
buses.</DELETED>
<DELETED> (2) Consultation.--In carrying out paragraph (1),
the Secretary shall consult with--</DELETED>
<DELETED> (A) representatives of the school bus
industry from the public and private sectors;
and</DELETED>
<DELETED> (B) States.</DELETED>
<DELETED> (3) Updates.--The Secretary shall periodically
update the materials used in the campaign under paragraph
(1).</DELETED>
<DELETED> (c) Review of Technologies.--</DELETED>
<DELETED> (1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall review and
evaluate the effectiveness of various technologies for
enhancing school bus safety, including technologies such as--
</DELETED>
<DELETED> (A) cameras;</DELETED>
<DELETED> (B) audible warning systems; and</DELETED>
<DELETED> (C) enhanced lighting.</DELETED>
<DELETED> (2) Inclusions.--The review under paragraph (1)--
</DELETED>
<DELETED> (A) shall include--</DELETED>
<DELETED> (i) an assessment of--</DELETED>
<DELETED> (I) the costs of acquiring
and operating new equipment;</DELETED>
<DELETED> (II) the potential impact
of that equipment on overall school bus
ridership; and</DELETED>
<DELETED> (III) motion-activated
detection systems capable of--
</DELETED>
<DELETED> (aa) detecting
pedestrians, cyclists, and
other road users located near
the exterior of the school bus;
and</DELETED>
<DELETED> (bb) alerting the
operator of the school bus of
those road users;</DELETED>
<DELETED> (ii) an assessment of the impact
of advanced technologies designed to improve
loading zone safety; and</DELETED>
<DELETED> (iii) an assessment of the
effectiveness of school bus lighting systems at
clearly communicating to surrounding drivers
the appropriate actions those drivers should
take; and</DELETED>
<DELETED> (B) may include--</DELETED>
<DELETED> (i) an evaluation of any
technological solutions that may enhance school
bus safety outside the school bus loading zone;
and</DELETED>
<DELETED> (ii) a pilot program to test any
technologies in school bus service.</DELETED>
<DELETED> (3) Consultation.--In carrying out the review
under paragraph (1), the Secretary shall consult with--
</DELETED>
<DELETED> (A) manufacturers of school
buses;</DELETED>
<DELETED> (B) manufacturers of various technologies
that may enhance school bus safety; and</DELETED>
<DELETED> (C) representatives of the school bus
industry from the public and private sectors.</DELETED>
<DELETED> (4) Publication.--The Secretary shall make the
findings of the review under paragraph (1) publicly available
on the website of the Department.</DELETED>
<DELETED> (d) Review of Driver Education Materials.--</DELETED>
<DELETED> (1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall--</DELETED>
<DELETED> (A) review driver manuals, handbooks, and
other materials in all States to determine whether and
the means by which illegal passing of school buses is
addressed in those driver materials, including in--
</DELETED>
<DELETED> (i) testing for noncommercial
driver's licenses; and</DELETED>
<DELETED> (ii) road tests; and</DELETED>
<DELETED> (B) make recommendations on methods by
which States can improve education regarding the
illegal passing of school buses, particularly for new
drivers.</DELETED>
<DELETED> (2) Consultation.--In carrying out paragraph (1),
the Secretary shall consult with--</DELETED>
<DELETED> (A) representatives of the school bus
industry from the public and private sectors;</DELETED>
<DELETED> (B) States;</DELETED>
<DELETED> (C) State motor vehicle administrators or
senior State executives responsible for driver
licensing; and</DELETED>
<DELETED> (D) other appropriate motor vehicle
experts.</DELETED>
<DELETED> (3) Publication.--The Secretary shall make the
findings of the review under paragraph (1) publicly available
on the website of the Department.</DELETED>
<DELETED> (e) Review of Other Safety Issues.--</DELETED>
<DELETED> (1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall research and
prepare a report describing any relationship between the
illegal passing of school buses and other safety issues,
including issues such as--</DELETED>
<DELETED> (A) distracted driving;</DELETED>
<DELETED> (B) poor visibility, such as morning
darkness;</DELETED>
<DELETED> (C) illumination and reach of vehicle
headlights;</DELETED>
<DELETED> (D) speed limits; and</DELETED>
<DELETED> (E) characteristics associated with school
bus stops, including the characteristics of school bus
stops in rural areas.</DELETED>
<DELETED> (2) Publication.--The Secretary shall make the
report under paragraph (1) publicly available on the website of
the Department.</DELETED>
<DELETED>SEC. 4111. MOTORCYCLIST ADVISORY COUNCIL.</DELETED>
<DELETED> (a) In General.--Subchapter III of chapter 3 of title 49,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 355. Motorcyclist Advisory Council</DELETED>
<DELETED> ``(a) Establishment.--Not later than 90 days after the
date of enactment of this section, the Secretary of Transportation
(referred to in this section as the `Secretary') shall establish a
council, to be known as the `Motorcyclist Advisory Council' (referred
to in this section as the `Council').</DELETED>
<DELETED> ``(b) Membership.--</DELETED>
<DELETED> ``(1) In general.--The Council shall be comprised
of 12 members, to be appointed by the Secretary, of whom--
</DELETED>
<DELETED> ``(A) 5 shall be representatives of units
of State or local government with expertise relating to
highway engineering and safety issues, including--
</DELETED>
<DELETED> ``(i) motorcycle and motorcyclist
safety;</DELETED>
<DELETED> ``(ii) barrier and road design,
construction, and maintenance; or</DELETED>
<DELETED> ``(iii) intelligent transportation
systems;</DELETED>
<DELETED> ``(B) 1 shall be a motorcyclist who serves
as a State or local--</DELETED>
<DELETED> ``(i) traffic and safety
engineer;</DELETED>
<DELETED> ``(ii) design engineer;
or</DELETED>
<DELETED> ``(iii) other transportation
department official;</DELETED>
<DELETED> ``(C) 1 shall be a representative of a
national association of State transportation
officials;</DELETED>
<DELETED> ``(D) 1 shall be a representative of a
national motorcyclist association;</DELETED>
<DELETED> ``(E) 1 shall be a representative of a
national motorcyclist foundation;</DELETED>
<DELETED> ``(F) 1 shall be a representative of a
national motorcycle manufacturing
association;</DELETED>
<DELETED> ``(G) 1 shall be a roadway safety data
expert with expertise relating to crash testing and
analysis; and</DELETED>
<DELETED> ``(H) 1 shall be a member of a national
safety organization that represents the traffic safety
systems industry.</DELETED>
<DELETED> ``(2) Term.--</DELETED>
<DELETED> ``(A) In general.--Subject to
subparagraphs (B) and (C), each member shall serve on
the Council for a single term of 2 years.</DELETED>
<DELETED> ``(B) Additional term.--If a successor is
not appointed for a member of the Council before the
expiration of the term of service of the member, the
member may serve on the Council for a second term of
not longer than 2 years.</DELETED>
<DELETED> ``(C) Appointment of replacements.--If a
member of the Council resigns before the expiration of
the 2-year term of service of the member--</DELETED>
<DELETED> ``(i) the Secretary may appoint a
replacement for the member, who shall serve the
remaining portion of the term; and</DELETED>
<DELETED> ``(ii) the resigning member may
continue to serve after resignation until the
date on which a successor is
appointed.</DELETED>
<DELETED> ``(3) Vacancies.--A vacancy on the Council shall
be filled in the manner in which the original appointment was
made.</DELETED>
<DELETED> ``(4) Compensation.--A member of the Council shall
serve without compensation.</DELETED>
<DELETED> ``(c) Duties.--</DELETED>
<DELETED> ``(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 regarding transportation safety issues
of concern to motorcyclists, including--</DELETED>
<DELETED> ``(A) motorcycle and motorcyclist
safety;</DELETED>
<DELETED> ``(B) barrier and road design,
construction, and maintenance practices; and</DELETED>
<DELETED> ``(C) the architecture and implementation
of intelligent transportation system
technologies.</DELETED>
<DELETED> ``(2) Biennial report.--Not later than October 31
of the calendar year following the calendar year in which the
Council is established, and not less frequently than once every
2 years thereafter, the Council shall submit to the Secretary a
report containing recommendations of the Council regarding the
issues described in paragraph (1).</DELETED>
<DELETED> ``(d) Duties of Secretary.--</DELETED>
<DELETED> ``(1) Council recommendations.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
determine whether to accept or reject a recommendation
contained in a report of the Council under subsection
(c)(2).</DELETED>
<DELETED> ``(B) Inclusion in review.--</DELETED>
<DELETED> ``(i) In general.--The Secretary
shall indicate in each review under paragraph
(2) whether the Secretary accepts or rejects
each recommendation of the Council covered by
the review.</DELETED>
<DELETED> ``(ii) Exception.--The Secretary
may indicate in a review under paragraph (2)
that a recommendation of the Council is under
consideration, subject to the condition that a
recommendation so under consideration shall be
accepted or rejected by the Secretary in the
subsequent review of the Secretary under
paragraph (2).</DELETED>
<DELETED> ``(2) Review.--</DELETED>
<DELETED> ``(A) In general.--Not later than 60 days
after the date on which the Secretary receives a report
from the Council under subsection (c)(2), the Secretary
shall submit a review describing the response of the
Secretary to the recommendations of the Council
contained in the Council report to--</DELETED>
<DELETED> ``(i) the Committee on Commerce,
Science, and Transportation of the
Senate;</DELETED>
<DELETED> ``(ii) the Committee on
Environment and Public Works of the
Senate;</DELETED>
<DELETED> ``(iii) the Subcommittee on
Transportation, Housing and Urban Development,
and Related Agencies of the Committee on
Appropriations of the Senate;</DELETED>
<DELETED> ``(iv) the Committee on
Transportation and Infrastructure of the House
of Representatives; and</DELETED>
<DELETED> ``(v) the Subcommittee on
Transportation, Housing and Urban Development,
and Related Agencies of the Committee on
Appropriations of the House of
Representatives.</DELETED>
<DELETED> ``(B) Contents.--A review of the Secretary
under this paragraph shall include a description of--
</DELETED>
<DELETED> ``(i) each recommendation
contained in the Council report covered by the
review; and</DELETED>
<DELETED> ``(ii)(I) each recommendation of
the Council that was categorized under
paragraph (1)(B)(ii) as being under
consideration by the Secretary in the preceding
review submitted under this paragraph;
and</DELETED>
<DELETED> ``(II) for each such
recommendation, whether the recommendation--
</DELETED>
<DELETED> ``(aa) is accepted or
rejected by the Secretary; or</DELETED>
<DELETED> ``(bb) remains under
consideration by the
Secretary.</DELETED>
<DELETED> ``(3) Administrative and technical support.--The
Secretary shall provide to the Council such administrative
support, staff, and technical assistance as the Secretary
determines to be necessary to carry out the duties of the
Council under this section.</DELETED>
<DELETED> ``(e) Termination.--The Council shall terminate on the
date that is 6 years after the date on which the Council is established
under subsection (a).''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for subchapter III
of chapter 3 of title 49, United States Code, is amended by inserting
after the item relating to section 354 the following:</DELETED>
<DELETED>``355. Motorcyclist Advisory Council.''.
<DELETED> (c) Conforming Amendments.--</DELETED>
<DELETED> (1) Section 1426 of the FAST Act (23 U.S.C. 101
note; Public Law 114-94) is repealed.</DELETED>
<DELETED> (2) The table of contents for the FAST Act (Public
Law 114-94; 129 Stat. 1313) is amended by striking the item
relating to section 1426.</DELETED>
<DELETED>SEC. 4112. SAFE STREETS AND ROADS FOR ALL GRANT
PROGRAM.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Comprehensive safety action plan.--The term
``comprehensive safety action plan'' means a plan aimed at
preventing transportation-related fatalities and serious
injuries in a locality, commonly referred to as a ``Vision
Zero'' or ``Toward Zero Deaths'' plan, that may include--
</DELETED>
<DELETED> (A) a goal and timeline for eliminating
fatalities and serious injuries;</DELETED>
<DELETED> (B) an analysis of the location and
severity of vehicle-involved crashes in a
locality;</DELETED>
<DELETED> (C) an analysis of community input,
gathered through public outreach and
education;</DELETED>
<DELETED> (D) a data-driven approach to identify
projects or strategies to prevent fatalities and
serious injuries in a locality, such as those
involving--</DELETED>
<DELETED> (i) education and community
outreach;</DELETED>
<DELETED> (ii) effective methods to enforce
traffic laws and regulations;</DELETED>
<DELETED> (iii) new vehicle or other
transportation-related technologies;
and</DELETED>
<DELETED> (iv) roadway planning and design;
and</DELETED>
<DELETED> (E) mechanisms for evaluating the outcomes
and effectiveness of the comprehensive safety action
plan, including the means by which that effectiveness
will be reported to residents in a locality.</DELETED>
<DELETED> (2) Eligible entity.--The term ``eligible entity''
means--</DELETED>
<DELETED> (A) a metropolitan planning
organization;</DELETED>
<DELETED> (B) a political subdivision of a
State;</DELETED>
<DELETED> (C) a federally recognized Tribal
government; and</DELETED>
<DELETED> (D) a multijurisdictional group of
entities described in any of subparagraphs (A) through
(C).</DELETED>
<DELETED> (3) Eligible project.--The term ``eligible
project'' means a project--</DELETED>
<DELETED> (A) to develop a comprehensive safety
action plan;</DELETED>
<DELETED> (B) to conduct planning, design, and
development activities for projects and strategies
identified in a comprehensive safety action plan;
or</DELETED>
<DELETED> (C) to carry out projects and strategies
identified in a comprehensive safety action
plan.</DELETED>
<DELETED> (4) Program.--The term ``program'' means the Safe
Streets and Roads for All program established under subsection
(b).</DELETED>
<DELETED> (b) Establishment.--The Secretary shall establish and
carry out a program, to be known as the Safe Streets and Roads for All
program, that supports local initiatives to prevent death and serious
injury on roads and streets, commonly referred to as ``Vision Zero'' or
``Toward Zero Deaths'' initiatives.</DELETED>
<DELETED> (c) Grants.--</DELETED>
<DELETED> (1) In general.--In carrying out the program, the
Secretary may make grants to eligible entities, on a
competitive basis, in accordance with this section.</DELETED>
<DELETED> (2) Limitations.--</DELETED>
<DELETED> (A) In general.--Not more than 15 percent
of the funds made available to carry out the program
for a fiscal year may be awarded to eligible projects
in a single State during that fiscal year.</DELETED>
<DELETED> (B) Planning grants.--Of the total amount
made available to carry out the program for each fiscal
year, not less than 40 percent shall be awarded to
eligible projects described in subsection
(a)(3)(A).</DELETED>
<DELETED> (d) Selection of Eligible Projects.--</DELETED>
<DELETED> (1) Solicitation.--Not later than 180 days after
the date on which amounts are made available to provide grants
under the program for a fiscal year, the Secretary shall
solicit from eligible entities grant applications for eligible
projects in accordance with this section.</DELETED>
<DELETED> (2) Applications.--</DELETED>
<DELETED> (A) In general.--To be eligible to receive
a grant under the program, an eligible entity shall
submit to the Secretary an application in such form and
containing such information as the Secretary considers
to be appropriate.</DELETED>
<DELETED> (B) Requirement.--An application for a
grant under this paragraph shall include mechanisms for
evaluating the success of applicable eligible projects
and strategies.</DELETED>
<DELETED> (3) Considerations.--In awarding a grant under the
program, the Secretary shall take into consideration the extent
to which an eligible entity, and each eligible project proposed
to be carried out by the eligible entity, as applicable--
</DELETED>
<DELETED> (A) is likely to significantly reduce or
eliminate transportation-related fatalities and serious
injuries involving various road users, including
pedestrians, bicyclists, public transportation users,
motorists, and commercial operators, within the
timeframe proposed by the eligible entity;</DELETED>
<DELETED> (B) demonstrates engagement with a variety
of public and private stakeholders;</DELETED>
<DELETED> (C) seeks to adopt innovative technologies
or strategies to promote safety;</DELETED>
<DELETED> (D) employs low-cost, high-impact
strategies that can improve safety over a wider
geographical area;</DELETED>
<DELETED> (E) ensures, or will ensure, equitable
investment in the safety needs of underserved
communities in preventing transportation-related
fatalities and injuries;</DELETED>
<DELETED> (F) includes evidence-based projects or
strategies; and</DELETED>
<DELETED> (G) achieves such other conditions as the
Secretary considers to be necessary.</DELETED>
<DELETED> (4) Transparency.--</DELETED>
<DELETED> (A) In general.--The Secretary shall
evaluate, through a methodology that is discernible and
transparent to the public, the means by, and extent to,
which each application under the program addresses any
applicable merit criteria established by the
Secretary.</DELETED>
<DELETED> (B) Publication.--The methodology under
subparagraph (A) shall be published by the Secretary as
part of the notice of funding opportunity under the
program.</DELETED>
<DELETED> (e) Federal Share.--The Federal share of the cost of an
eligible project carried out using a grant provided under the program
shall not exceed 80 percent.</DELETED>
<DELETED> (f) Funding.--</DELETED>
<DELETED> (1) Authorization of appropriations.--There is
authorized to be appropriated to carry out this section
$200,000,000 for each of fiscal years 2022 through 2026, to
remain available for a period of 3 fiscal years following the
fiscal year for which the amounts are appropriated.</DELETED>
<DELETED> (2) Administrative expenses.--Of the amounts made
available to carry out the program for a fiscal year, the
Secretary may retain not more than 2 percent for the
administrative expenses of the program.</DELETED>
<DELETED> (3) Availability to eligible entities.--Amounts
made available under a grant under the program shall remain
available for use by the applicable eligible entity until the
date that is 5 years after the date on which the grant is
provided.</DELETED>
<DELETED> (g) Data Submission.--</DELETED>
<DELETED> (1) In general.--As a condition of receiving a
grant under this program, an eligible entity shall submit to
the Secretary, on a regular basis as established by the
Secretary, data, information, or analyses collected or
conducted in accordance with subsection (d)(3).</DELETED>
<DELETED> (2) Form.--The data, information, and analyses
under paragraph (1) shall be submitted in such form such manner
as may be prescribed by the Secretary.</DELETED>
<DELETED> (h) Reports.--Not later than 4 years after the date on
which an eligible entity receives a grant under the program, the
eligible entity shall submit to the Secretary a report that describes--
</DELETED>
<DELETED> (1) the costs of each eligible project carried out
using the grant;</DELETED>
<DELETED> (2) the outcomes and benefits that each such
eligible project has generated, as--</DELETED>
<DELETED> (A) identified in the grant application of
the eligible entity; and</DELETED>
<DELETED> (B) measured by data, to the maximum
extent practicable; and</DELETED>
<DELETED> (3) the lessons learned and any recommendations
relating to future projects or strategies to prevent death and
serious injury on roads and streets.</DELETED>
<DELETED> (i) Best Practices.--Based on the information submitted by
eligible entities under subsection (g), the Secretary shall--</DELETED>
<DELETED> (1) periodically post on a publicly available
website best practices and lessons learned for preventing
transportation-related fatalities and serious injuries pursuant
to strategies or interventions implemented under the program;
and</DELETED>
<DELETED> (2) evaluate and incorporate, as appropriate, the
effectiveness of strategies and interventions implemented under
the program for the purpose of enriching revisions to the
document entitled ``Countermeasures That Work: A Highway Safety
Countermeasure Guide for State Highway Safety Offices, Ninth
Edition'' and numbered DOT HS 812 478 (or any successor
document).</DELETED>
<DELETED>SEC. 4113. IMPLEMENTATION OF GAO RECOMMENDATIONS.</DELETED>
<DELETED> (a) Next Generation 911.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall implement
the recommendations of the Comptroller General of the United
States contained in the report entitled ``Next Generation 911:
National 911 Program Could Strengthen Efforts to Assist
States'', numbered GAO-18-252, and dated January 1, 2018, by
requiring that the Administrator of the National Highway
Traffic Safety Administration, in collaboration with the
appropriate Federal agencies, shall determine the roles and
responsibilities of the Federal agencies participating in the
initiative entitled ``National NG911 Roadmap initiative'' to
carry out the national-level tasks with respect which each
agency has jurisdiction.</DELETED>
<DELETED> (2) Implementation plan.--The Administrator of the
National Highway Traffic Safety Administration shall develop an
implementation plan to support the completion of national-level
tasks under the National NG911 Roadmap initiative.</DELETED>
<DELETED> (b) Pedestrian and Cyclists Information and Enhanced
Performance Management.--</DELETED>
<DELETED> (1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall implement
the recommendations of the Comptroller General of the United
States contained in the report entitled ``Pedestrians and
Cyclists: Better Information to States and Enhanced Performance
Management Could Help DOT Improve Safety'', numbered GAO-21-
405, and dated May 20, 2021, by--</DELETED>
<DELETED> (A) carrying out measures to collect
information relating to the range of countermeasures
implemented by States;</DELETED>
<DELETED> (B) analyzing that information to help
advance knowledge regarding the effectiveness of those
countermeasures; and</DELETED>
<DELETED> (C) sharing with States any
results.</DELETED>
<DELETED> (2) Performance management practices.--The
Administrator of the National Highway Traffic Safety
Administration shall use performance management practices to
guide pedestrian and cyclist safety activities by--</DELETED>
<DELETED> (A) developing performance measures for
the Administration and program offices responsible for
implementing pedestrian and cyclist safety activities
to demonstrate the means by which those activities
contribute to safety goals; and</DELETED>
<DELETED> (B) using performance information to make
any necessary changes to advance pedestrian and cyclist
safety efforts.</DELETED>
<DELETED>Subtitle B--Vehicle Safety</DELETED>
<DELETED>SEC. 4201. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated to the Secretary
to carry out chapter 301, and part C of subtitle VI, of title 49,
United States Code--</DELETED>
<DELETED> (1) $200,294,333 for fiscal year 2022;</DELETED>
<DELETED> (2) $204,300,219 for fiscal year 2023;</DELETED>
<DELETED> (3) $208,386,224 for fiscal year 2024;</DELETED>
<DELETED> (4) $212,553,948 for fiscal year 2025;
and</DELETED>
<DELETED> (5) $216,805,027 for fiscal year 2026.</DELETED>
<DELETED>SEC. 4202. RECALL COMPLETION.</DELETED>
<DELETED> (a) Reports on Recall Campaigns.--Section 30118 of title
49, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``(f) Reports on Notification Campaigns.--</DELETED>
<DELETED> ``(1) In general.--Each manufacturer that is
conducting a campaign under subsection (b) or (c) or any other
provision of law (including regulations) to notify
manufacturers, distributors, owners, purchasers, or dealers of
a defect or noncompliance shall submit to the Administrator of
the National Highway Traffic Safety Administration--</DELETED>
<DELETED> ``(A) by the applicable date described in
section 573.7(d) of title 49, Code of Federal
Regulations (or a successor regulation), a quarterly
report describing the campaign for each of 8
consecutive quarters, beginning with the quarter in
which the campaign was initiated; and</DELETED>
<DELETED> ``(B) an annual report for each of the 3
years beginning after the date of completion of the
last quarter for which a quarterly report is submitted
under subparagraph (A).</DELETED>
<DELETED> ``(2) Requirements.--Except as otherwise provided
in this subsection, each report under this subsection shall
comply with the requirements of section 573.7 of title 49, Code
of Federal Regulations (or a successor
regulation).''.</DELETED>
<DELETED> (b) Recall Completion Rates.--Section 30120 of title 49,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``(k) Recall Completion Rates.--</DELETED>
<DELETED> ``(1) In general.--The Administrator of the
National Highway Traffic Safety Administration shall publish an
annual list of recall completion rates for each recall campaign
for which 8 quarterly reports have been submitted under
subsection (f) of section 30118 as of the date of publication
of the list.</DELETED>
<DELETED> ``(2) Requirements.--The annual list under
paragraph (1) shall include--</DELETED>
<DELETED> ``(A) for each applicable campaign--
</DELETED>
<DELETED> ``(i) the total number of vehicles
subject to recall; and</DELETED>
<DELETED> ``(ii) the percentage of vehicles
that have been remedied; and</DELETED>
<DELETED> ``(B) for each manufacturer submitting an
applicable quarterly report under section 30118(f)--
</DELETED>
<DELETED> ``(i) the total number of recalls
issued by the manufacturer during the year
covered by the list;</DELETED>
<DELETED> ``(ii) the estimated number of
vehicles of the manufacturer subject to recall
during the year covered by the list;
and</DELETED>
<DELETED> ``(iii) the percentage of vehicles
that have been remedied.''.</DELETED>
<DELETED>SEC. 4203. RECALL ENGAGEMENT.</DELETED>
<DELETED> (a) Recall Repair.--Not later than 2 years after the date
of enactment of this Act, the Comptroller General of the United States
shall--</DELETED>
<DELETED> (1) conduct a study to determine--</DELETED>
<DELETED> (A) the reasons why vehicle owners do not
have repairs performed for vehicles subject to open
recalls; and</DELETED>
<DELETED> (B) whether engagement by third parties,
including State and local governments, insurance
companies, or other entities, could increase the rate
at which vehicle owners have repairs performed for
vehicles subject to open recalls; and</DELETED>
<DELETED> (2) submit to Congress a report describing the
results of the study under paragraph (1), including any
recommendations for increasing the rate of repair for vehicles
subject to open recalls.</DELETED>
<DELETED> (b) Ridesharing.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General shall--</DELETED>
<DELETED> (1) conduct a study to determine the number of
passenger motor vehicles in each State that--</DELETED>
<DELETED> (A) are used by transportation network
companies for for-hire purposes, such as ridesharing;
and</DELETED>
<DELETED> (B) have 1 or more open recalls;
and</DELETED>
<DELETED> (2) submit to Congress a report describing the
results of the study under paragraph (1).</DELETED>
<DELETED> (c) NHTSA Study and Report.--Not later than 3 years after
the date of enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration shall--</DELETED>
<DELETED> (1) conduct a study to determine the ways in which
vehicle recall notices could--</DELETED>
<DELETED> (A) more effectively reach vehicle
owners;</DELETED>
<DELETED> (B) be made easier for all consumers to
understand; and</DELETED>
<DELETED> (C) incentivize vehicle owners to complete
the repairs described in the recall notices;
and</DELETED>
<DELETED> (2) submit to Congress a report describing the
results of the study under paragraph (1), including any
recommendations for--</DELETED>
<DELETED> (A) increasing the rate of repair for
vehicles subject to open recalls; or</DELETED>
<DELETED> (B) any regulatory or statutory
legislative changes that would facilitate an increased
rate of repair.</DELETED>
<DELETED>SEC. 4204. MOTOR VEHICLE SEAT BACK SAFETY STANDARDS.</DELETED>
<DELETED> (a) In General.--Not later than 2 years after the date of
enactment of this Act, subject to subsection (b), the Secretary shall
issue an advanced notice of proposed rulemaking to update section
571.207 of title 49, Code of Federal Regulations.</DELETED>
<DELETED> (b) Compliance Date.--If the Secretary determines that a
final rule is appropriate consistent with the considerations described
in section 30111(b) of title 49, United States Code, in issuing a final
rule pursuant to subsection (a), the Secretary shall establish a date
for required compliance with the final rule of not later than 2 motor
vehicle model years after the model year during which the effective
date of the final rule occurs.</DELETED>
<DELETED>SEC. 4205. AUTOMATIC SHUTOFF.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Key.--The term ``key'' has the meaning given
the term in section 571.114 of title 49, Code of Federal
Regulations (or a successor regulation).</DELETED>
<DELETED> (2) Manufacturer.--The term ``manufacturer'' has
the meaning given the term in section 30102(a) of title 49,
United States Code.</DELETED>
<DELETED> (3) Motor vehicle.--</DELETED>
<DELETED> (A) In general.--The term ``motor
vehicle'' has the meaning given the term in section
30102(a) of title 49, United States Code.</DELETED>
<DELETED> (B) Exclusions.--The term ``motor
vehicle'' does not include--</DELETED>
<DELETED> (i) a motorcycle or trailer (as
those terms are defined in section 571.3 of
title 49, Code of Federal Regulations (or a
successor regulation));</DELETED>
<DELETED> (ii) any motor vehicle with a
gross vehicle weight rating of more than 10,000
pounds;</DELETED>
<DELETED> (iii) a battery electric vehicle;
or</DELETED>
<DELETED> (iv) a motor vehicle that requires
extended periods with the engine in idle to
operate in service mode or to operate
equipment, such as an emergency vehicle
(including a police vehicle, an ambulance, or a
tow vehicle) and a commercial-use vehicle
(including a refrigeration vehicle).</DELETED>
<DELETED> (b) Automatic Shutoff Systems for Motor Vehicles.--
</DELETED>
<DELETED> (1) Final rule.--</DELETED>
<DELETED> (A) In general.--Not later than 2 years
after the date of enactment of this Act, the Secretary
shall issue a final rule amending section 571.114 of
title 49, Code of Federal Regulations, to require
manufacturers to install in each motor vehicle that is
equipped with a keyless ignition device and an internal
combustion engine a device or system to automatically
shutoff the motor vehicle after the motor vehicle has
idled for the period described in subparagraph
(B).</DELETED>
<DELETED> (B) Description of period.--</DELETED>
<DELETED> (i) In general.--The period
referred to in subparagraph (A) is the period
designated by the Secretary as necessary to
prevent, to the maximum extent practicable,
carbon monoxide poisoning.</DELETED>
<DELETED> (ii) Different periods.--The
Secretary may designate different periods under
clause (i) for different types of motor
vehicles, depending on the rate at which the
motor vehicle emits carbon monoxide, if--
</DELETED>
<DELETED> (I) the Secretary
determines a different period is
necessary for a type of motor vehicle
for purposes of section 30111 of title
49, United States Code; and</DELETED>
<DELETED> (II) requiring a different
period for a type of motor vehicle is
consistent with the prevention of
carbon monoxide poisoning.</DELETED>
<DELETED> (2) Deadline.--Unless the Secretary finds good
cause to phase-in or delay implementation, the rule issued
pursuant to paragraph (1) shall take effect on September 1 of
the first calendar year beginning after the date on which the
Secretary issues the rule.</DELETED>
<DELETED>SEC. 4206. PETITIONS BY INTERESTED PERSONS FOR STANDARDS AND
ENFORCEMENT.</DELETED>
<DELETED> Section 30162 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (b), by striking ``The
petition'' and inserting ``A petition under this
section'';</DELETED>
<DELETED> (2) in subsection (c), by striking ``the
petition'' and inserting ``a petition under this section'';
and</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) in the third sentence, by striking
``If a petition'' and inserting the
following:</DELETED>
<DELETED> ``(3) Denial.--If a petition under this
section'';</DELETED>
<DELETED> (B) in the second sentence, by striking
``If a petition is granted'' and inserting the
following:</DELETED>
<DELETED> ``(2) Approval.--If a petition under this section
is approved''; and</DELETED>
<DELETED> (C) in the first sentence, by striking
``The Secretary shall grant or deny a petition'' and
inserting the following:</DELETED>
<DELETED> ``(1) In general.--The Secretary shall determine
whether to approve or deny a petition under this section
by''.</DELETED>
<DELETED>SEC. 4207. CHILD SAFETY SEAT ACCESSIBILITY STUDY.</DELETED>
<DELETED> (a) In General.--The Secretary, in coordination with other
relevant Federal departments and agencies, including the Secretary of
Agriculture, the Secretary of Education, and the Secretary of Health
and Human Services, shall conduct a study to review the status of motor
vehicle child safety seat accessibility for low-income families and
underserved populations.</DELETED>
<DELETED> (b) Addressing Needs.--In conducting the study under
subsection (a), the Secretary shall--</DELETED>
<DELETED> (1) examine the impact of Federal funding provided
under section 405 of title 23, United States Code;
and</DELETED>
<DELETED> (2) develop a plan for addressing any needs
identified in the study, including by working with social
service providers.</DELETED>
<DELETED>SEC. 4208. CRASH AVOIDANCE TECHNOLOGY.</DELETED>
<DELETED> (a) In General.--Subchapter II of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 30129. Crash avoidance technology</DELETED>
<DELETED> ``(a) In General.--The Secretary of Transportation shall
promulgate a rule--</DELETED>
<DELETED> ``(1) to establish minimum performance standards
with respect to crash avoidance technology; and</DELETED>
<DELETED> ``(2) to require that all motor vehicles
manufactured for sale in the United States on or after the
compliance date described in subsection (b) shall be equipped
with--</DELETED>
<DELETED> ``(A) a forward collision warning and
automatic emergency braking system that--</DELETED>
<DELETED> ``(i) alerts the driver if--
</DELETED>
<DELETED> ``(I) the distance to a
vehicle ahead or an object in the path
of travel ahead is closing too quickly;
and</DELETED>
<DELETED> ``(II) a collision is
imminent; and</DELETED>
<DELETED> ``(ii) automatically applies the
brakes if the driver fails to do so;
and</DELETED>
<DELETED> ``(B) a lane departure warning and lane-
keeping assist system that--</DELETED>
<DELETED> ``(i) warns the driver to maintain
the lane of travel; and</DELETED>
<DELETED> ``(ii) corrects the course of
travel if the driver fails to do so.</DELETED>
<DELETED> ``(b) Compliance Date.--The Secretary of Transportation
shall determine the appropriate effective date, and any phasing-in of
requirements, of the final rule promulgated pursuant to subsection
(a).''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for subchapter II of
chapter 301 of title 49, United States Code, is amended by adding at
the end the following:</DELETED>
<DELETED>``30129. Crash avoidance technology.''.
<DELETED>SEC. 4209. REDUCTION OF DRIVER DISTRACTION.</DELETED>
<DELETED> (a) In General.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall conduct research regarding
the installation and use on motor vehicles of driver monitoring systems
to minimize or eliminate--</DELETED>
<DELETED> (1) driver distraction;</DELETED>
<DELETED> (2) driver disengagement;</DELETED>
<DELETED> (3) automation complacency by drivers;
and</DELETED>
<DELETED> (4) foreseeable misuse of advanced driver-assist
systems.</DELETED>
<DELETED> (b) Report.--Not later than 180 days after the date of
completion of the research under subsection (a), the Secretary shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a detailed report describing the findings of the
research.</DELETED>
<DELETED> (c) Rulemaking.--</DELETED>
<DELETED> (1) In general.--If, based on the research
completed under subsection (a), the Secretary determines that--
</DELETED>
<DELETED> (A) 1 or more additional rulemakings are
necessary to ensure safety, in accordance with the
section 30111 of title 49, United States Code, the
Secretary shall initiate the rulemakings by not later
than 2 years after the date of submission of the report
under subsection (b); and</DELETED>
<DELETED> (B) an additional rulemaking is not
necessary, or an additional rulemaking cannot meet the
applicable requirements and considerations described in
subsections (a) and (b) of section 30111 of title 49,
United States Code, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of
the House of Representatives a report describing the
reasons for not prescribing additional Federal motor
vehicle safety standards regarding the research
conducted under subsection (a).</DELETED>
<DELETED> (2) Privacy.--A rule issued pursuant to paragraph
(1) shall incorporate appropriate privacy and data security
safeguards, as determined by the Secretary.</DELETED>
<DELETED>SEC. 4210. RULEMAKING REPORT.</DELETED>
<DELETED> (a) Definition of Covered Rulemaking.--In this section,
the term ``covered rulemaking'' means a regulation or rulemaking that--
</DELETED>
<DELETED> (1) has not been finalized by the date on which
the relevant notification is submitted under subsection (b);
and</DELETED>
<DELETED> (2) relates to--</DELETED>
<DELETED> (A) section 30120A of title 49, United
States Code;</DELETED>
<DELETED> (B) section 30166(o) of title 49, United
States Code;</DELETED>
<DELETED> (C) section 30172 of title 49, United
States Code;</DELETED>
<DELETED> (D) section 32302(c) of title 49, United
States Code;</DELETED>
<DELETED> (E) a defect reporting requirement under
section 32302(d) of title 49, United States
Code;</DELETED>
<DELETED> (F) subsections (b) and (c) of section
32304A of title 49, United States Code;</DELETED>
<DELETED> (G) the tire pressure monitoring standards
required under section 24115 of the FAST Act (49 U.S.C.
30123 note; Public Law 114-94);</DELETED>
<DELETED> (H) the amendment made by section 24402 of
the FAST Act (129 Stat. 1720; Public Law 114-94) to
section 30120(g)(1) of title 49, United States
Code;</DELETED>
<DELETED> (I) the records retention rule required
under section 24403 of the FAST Act (49 U.S.C. 30117
note; Public Law 114-94);</DELETED>
<DELETED> (J) the amendments made by section 24405
of the FAST Act (Public Law 114-94; 129 Stat. 1721) to
section 30114 of title 49, United States
Code;</DELETED>
<DELETED> (K) a defect and noncompliance
notification required under--</DELETED>
<DELETED> (i) section 24104 of the FAST Act
(49 U.S.C. 30119 note; Public Law 114-94);
or</DELETED>
<DELETED> (ii) section 31301 of MAP-21 (49
U.S.C. 30166 note; Public Law 112-
141);</DELETED>
<DELETED> (L) a side impact or frontal impact test
procedure for child restraint systems under section
31501 of MAP-21 (49 U.S.C. 30127 note; Public Law 112-
141);</DELETED>
<DELETED> (M) an upgrade to child restraint
anchorage system usability requirements required under
section 31502 of MAP-21 (49 U.S.C. 30127 note; Public
Law 112-141);</DELETED>
<DELETED> (N) the rear seat belt reminder system
required under section 31503 of MAP-21 (49 U.S.C. 30127
note; Public Law 112-141);</DELETED>
<DELETED> (O) a motorcoach rulemaking required under
section 32703 of MAP-21 (49 U.S.C. 31136 note; Public
Law 112-141); or</DELETED>
<DELETED> (P) any rulemaking required under this
Act.</DELETED>
<DELETED> (b) Notification.--Not later than 180 days after the date
of enactment of this Act, and not less frequently than biannually
thereafter until the applicable covered rulemaking is complete, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a written notification that includes,
with respect to each covered rulemaking--</DELETED>
<DELETED> (1) for a covered rulemaking with a statutory
deadline for completion--</DELETED>
<DELETED> (A) an explanation of why the deadline was
not met; and</DELETED>
<DELETED> (B) an expected date of completion of the
covered rulemaking; and</DELETED>
<DELETED> (2) for a covered rulemaking without a statutory
deadline for completion, an expected date of completion of the
covered rulemaking.</DELETED>
<DELETED> (c) Additional Contents.--A notification under subsection
(b) shall include, for each applicable covered rulemaking--</DELETED>
<DELETED> (1) an updated timeline;</DELETED>
<DELETED> (2) a list of factors causing delays in the
completion of the covered rulemaking; and</DELETED>
<DELETED> (3) any other details associated with the status
of the covered rulemaking.</DELETED>
<DELETED>SEC. 4211. GLOBAL HARMONIZATION.</DELETED>
<DELETED> The Secretary shall cooperate, to the maximum extent
practicable, with foreign governments, nongovernmental stakeholder
groups, the motor vehicle industry, and consumer groups with respect to
global harmonization of vehicle regulations as a means for improving
motor vehicle safety.</DELETED>
<DELETED>SEC. 4212. HEADLAMPS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Adaptive driving beam headlamp.--The term
``adaptive driving beam headlamp'' means a headlamp (as defined
in Standard 108) that meets the performance requirements
specified in SAE International Standard J3069, published on
June 30, 2016.</DELETED>
<DELETED> (2) Standard 108.--The term ``Standard 108'' means
Federal Motor Vehicle Safety Standard Number 108, contained in
section 571.108 of title 49, Code of Federal Regulations (as in
effect on the date of enactment of this Act).</DELETED>
<DELETED> (b) Rulemaking.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule amending
Standard 108--</DELETED>
<DELETED> (1) to include performance-based standards for
vehicle headlamp systems--</DELETED>
<DELETED> (A) to ensure that headlights are
correctly aimed on the road; and</DELETED>
<DELETED> (B) requiring those systems to be tested
on-vehicle to account for headlight height and lighting
performance; and</DELETED>
<DELETED> (2) to allow for the use on vehicles of adaptive
driving beam headlamp systems.</DELETED>
<DELETED> (c) Periodic Review.--Nothing in this section precludes
the Secretary from--</DELETED>
<DELETED> (1) reviewing Standard 108, as amended pursuant to
subsection (b); and</DELETED>
<DELETED> (2) revising Standard 108 to reflect an updated
version of SAE International Standard J3069, as the Secretary
determines to be--</DELETED>
<DELETED> (A) appropriate; and</DELETED>
<DELETED> (B) in accordance with section 30111 of
title 49, United States Code.</DELETED>
<DELETED>SEC. 4213. NEW CAR ASSESSMENT PROGRAM.</DELETED>
<DELETED> (a) Updates.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall finalize the proceeding for
which comments were requested in the notice entitled ``New Car
Assessment Program'' (80 Fed. Reg. 78522 (December 16, 2015)) to update
the passenger motor vehicle information required under section 32302(a)
of title 49, United States Code.</DELETED>
<DELETED> (b) Information Program.--Section 32302 of title 49,
United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a), in the matter preceding
paragraph (1), by inserting ``(referred to in this section as
the `Secretary')'' after ``of Transportation''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(e) Advanced Crash-Avoidance Technologies.--</DELETED>
<DELETED> ``(1) Notice.--Not later than 1 year after the
date of enactment of this subsection, the Secretary shall
publish a notice, for purposes of public review and comment, to
establish, distinct from crashworthiness information, a means
for providing to consumers information relating to advanced
crash-avoidance technologies, in accordance with subsection
(a).</DELETED>
<DELETED> ``(2) Inclusions.--The notice under paragraph (1)
shall include--</DELETED>
<DELETED> ``(A) an appropriate methodology for--
</DELETED>
<DELETED> ``(i) determining which advanced
crash-avoidance technologies shall be included
in the information;</DELETED>
<DELETED> ``(ii) developing performance test
criteria for use by manufacturers in evaluating
advanced crash avoidance
technologies;</DELETED>
<DELETED> ``(iii) determining a distinct
rating involving each advanced crash-avoidance
technology to be included; and</DELETED>
<DELETED> ``(iv) updating overall vehicle
ratings to incorporate advanced crash-avoidance
technology ratings; and</DELETED>
<DELETED> ``(B) such other information and analyses
as the Secretary determines to be necessary to
implement the rating of advanced crash-avoidance
technologies.</DELETED>
<DELETED> ``(3) Report.--Not later than 18 months after the
date of enactment of this subsection, the Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that
describes a plan for implementing an advanced crash-avoidance
technology information and rating system, in accordance with
subsection (a).</DELETED>
<DELETED> ``(f) Vulnerable Road User Safety.--</DELETED>
<DELETED> ``(1) Notice.--Not later than 1 year after the
date of enactment of this subsection, the Secretary shall
publish a notice, for purposes of public review and comment, to
establish a means for providing to consumers information
relating to pedestrian, bicyclist, or other vulnerable road
user safety technologies, in accordance with subsection
(a).</DELETED>
<DELETED> ``(2) Inclusions.--The notice under paragraph (1)
shall include--</DELETED>
<DELETED> ``(A) an appropriate methodology for--
</DELETED>
<DELETED> ``(i) determining which
technologies shall be included in the
information;</DELETED>
<DELETED> ``(ii) developing performance test
criteria for use by manufacturers in evaluating
the extent to which automated pedestrian safety
systems in light vehicles attempt to prevent
and mitigate, to the best extent possible,
pedestrian injury;</DELETED>
<DELETED> ``(iii) determining a distinct
rating involving each technology to be
included; and</DELETED>
<DELETED> ``(iv) updating overall vehicle
ratings to incorporate vulnerable road user
safety technology ratings; and</DELETED>
<DELETED> ``(B) such other information and analyses
as the Secretary determines to be necessary to
implement the rating of vulnerable road user safety
technologies.</DELETED>
<DELETED> ``(3) Report.--Not later than 18 months after the
date of enactment of this subsection, the Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that
describes a plan for implementing an information and rating
system for vulnerable road user safety technologies, in
accordance with subsection (a).''.</DELETED>
<DELETED> (c) Roadmap.--</DELETED>
<DELETED> (1) In general.--Chapter 323 of title 49, United
States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 32310. New Car Assessment Program roadmap</DELETED>
<DELETED> ``(a) Establishment.--Not later than 1 year after the date
of enactment of this section, and not less frequently than once every 4
years thereafter, the Secretary of Transportation (referred to in this
section as the `Secretary') shall establish a roadmap for the
implementation of the New Car Assessment Program of the National
Highway Traffic Safety Administration.</DELETED>
<DELETED> ``(b) Requirements.--A roadmap under subsection (a)
shall--</DELETED>
<DELETED> ``(1) cover a term of 10 years, consisting of--
</DELETED>
<DELETED> ``(A) a mid-term component covering the
initial 5 years of the term; and</DELETED>
<DELETED> ``(B) a long-term component covering the
final 5 years of the term; and</DELETED>
<DELETED> ``(2) be in accordance with--</DELETED>
<DELETED> ``(A) section 306 of title 5;</DELETED>
<DELETED> ``(B) section 1115 of title 31;</DELETED>
<DELETED> ``(C) section 24401 of the FAST Act (49
U.S.C. 105 note; Public Law 114-94); and</DELETED>
<DELETED> ``(D) any other relevant plans of the
National Highway Traffic Safety
Administration.</DELETED>
<DELETED> ``(c) Contents.--A roadmap under subsection (a) shall
include--</DELETED>
<DELETED> ``(1) a plan for any changes to the New Car
Assessment Program of the National Highway Traffic Safety
Administration, including--</DELETED>
<DELETED> ``(A) descriptions of actions to be
carried out to update the passenger motor vehicle
information developed under section 32302(a), including
the development of test procedures, test devices, test
fixtures, and safety performance metrics, which shall,
as applicable, incorporate--</DELETED>
<DELETED> ``(i) objective criteria for
evaluating safety technologies; and</DELETED>
<DELETED> ``(ii) reasonable time periods for
compliance with new or updated tests;</DELETED>
<DELETED> ``(B) key milestones, including the
anticipated start of an action, completion of an
action, and effective date of an update; and</DELETED>
<DELETED> ``(C) descriptions of the means by which
an update will improve the passenger motor vehicle
information developed under section 32302(a);</DELETED>
<DELETED> ``(2) an identification and prioritization of
safety opportunities and technologies--</DELETED>
<DELETED> ``(A) with respect to the mid-term
component of the roadmap under subsection (b)(1)(A)--
</DELETED>
<DELETED> ``(i) that are practicable;
and</DELETED>
<DELETED> ``(ii) for which objective rating
tests, evaluation criteria, and other consumer
data exist for a market-based, consumer
information approach; and</DELETED>
<DELETED> ``(B) with respect to the long-term
component of the roadmap under subsection (b)(1)(B),
exist or are in development;</DELETED>
<DELETED> ``(3) an identification of--</DELETED>
<DELETED> ``(A) any safety opportunity or technology
that--</DELETED>
<DELETED> ``(i) is identified through the
activities carried out pursuant to subsection
(d) or (e); and</DELETED>
<DELETED> ``(ii) is not included in the
roadmap under paragraph (2);</DELETED>
<DELETED> ``(B) the reasons why such a safety
opportunity or technology is not included in the
roadmap; and</DELETED>
<DELETED> ``(C) any developments or information that
would be necessary for the Secretary to consider
including such a safety opportunity or technology in a
future roadmap; and</DELETED>
<DELETED> ``(4) consideration of the benefits of consistency
with other rating systems used--</DELETED>
<DELETED> ``(A) within the United States;
and</DELETED>
<DELETED> ``(B) internationally.</DELETED>
<DELETED> ``(d) Considerations.--Before finalizing a roadmap under
this section, the Secretary shall--</DELETED>
<DELETED> ``(1) make the roadmap available for public
comment;</DELETED>
<DELETED> ``(2) review any public comments received under
paragraph (1); and</DELETED>
<DELETED> ``(3) incorporate in the roadmap under this
section those comments, as the Secretary determines to be
appropriate.</DELETED>
<DELETED> ``(e) Stakeholder Engagement.--Not less frequently than
annually, the Secretary shall engage stakeholders that represent a
diversity of technical backgrounds and viewpoints--</DELETED>
<DELETED> ``(1) to identify--</DELETED>
<DELETED> ``(A) safety opportunities or technologies
in development that could be included in future
roadmaps; and</DELETED>
<DELETED> ``(B) opportunities to benefit from
collaboration or harmonization with third-party safety
rating programs;</DELETED>
<DELETED> ``(2) to assist with long-term planning;</DELETED>
<DELETED> ``(3) to provide an interim update of the status
and development of the following roadmap to be established
under subsection (a); and</DELETED>
<DELETED> ``(4) to collect feedback or other information
that the Secretary determines to be relevant to enhancing the
New Car Assessment Program of the National Highway Traffic
Safety Administration.''.</DELETED>
<DELETED> (2) Clerical amendment.--The analysis for chapter
323 of title 49, United States Code, is amended by adding at
the end the following:</DELETED>
<DELETED>``32310. New Car Assessment Program roadmap.''.
<DELETED>SEC. 4214. HOOD AND BUMPER STANDARDS.</DELETED>
<DELETED> (a) Notice.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a notice, for purposes
of public review and comment, regarding potential updates to hood and
bumper standards for motor vehicles (as defined in section 30102(a) of
title 49, United States Code).</DELETED>
<DELETED> (b) Inclusions.--The notice under subsection (a) shall
include information relating to--</DELETED>
<DELETED> (1) the incorporation or consideration of advanced
crash avoidance technology in existing motor vehicle
standards;</DELETED>
<DELETED> (2) the incorporation or consideration of
standards or technologies to reduce the number of injuries and
fatalities suffered by pedestrians, bicyclists, or other
vulnerable road users;</DELETED>
<DELETED> (3) the development of performance test criteria
for use by manufacturers in evaluating advanced crash avoidance
technology, including technology relating to vulnerable road
user safety;</DELETED>
<DELETED> (4) potential harmonization with global standards,
including United Nations Economic Commission for Europe
Regulation Number 42; and</DELETED>
<DELETED> (5) such other information and analyses as the
Secretary determines to be necessary.</DELETED>
<DELETED> (c) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that
describes--</DELETED>
<DELETED> (1) the current status of hood and bumper
standards;</DELETED>
<DELETED> (2) relevant advanced crash avoidance
technology;</DELETED>
<DELETED> (3) actions needed to be carried out to develop
performance test criteria; and</DELETED>
<DELETED> (4) if applicable, a plan for incorporating
advanced crash avoidance technology, including technology
relating to vulnerable road user safety, in existing
standards.</DELETED>
<DELETED>SEC. 4215. EMERGENCY MEDICAL SERVICES AND 9-1-1.</DELETED>
<DELETED> Section 158(a) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942(a)) is
amended by striking paragraph (4).</DELETED>
<DELETED>SEC. 4216. EARLY WARNING REPORTING.</DELETED>
<DELETED> (a) In General.--Section 30166(m)(3) of title 49, United
States Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(D) Settlements.--Notwithstanding any
order entered in a civil action restricting the
disclosure of information, a manufacturer of a motor
vehicle or motor vehicle equipment shall comply with
the requirements of this subsection and any regulations
promulgated pursuant to this subsection.''.</DELETED>
<DELETED> (b) Study and Report.--Not later than 18 months after the
date of enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration shall--</DELETED>
<DELETED> (1) conduct a study--</DELETED>
<DELETED> (A) to evaluate the early warning
reporting data submitted under section 30166(m) of
title 49, United States Code (including regulations);
and</DELETED>
<DELETED> (B) to identify improvements, if any, that
would enhance the use by the National Highway Traffic
Administration of early warning reporting data to
enhance safety; and</DELETED>
<DELETED> (2) submit to the Committee on the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report describing the results of the study
under paragraph (1), including any recommendations for
regulatory or legislative action.</DELETED>
<DELETED>SEC. 4217. IMPROVED VEHICLE SAFETY DATABASES.</DELETED>
<DELETED> Not later than 3 years after the date of enactment of this
Act, after consultation with frequent users of publicly available
databases, the Secretary shall improve public accessibility to
information relating to the publicly accessible vehicle safety
databases of the National Highway Traffic Safety Administration by
revising the publicly accessible vehicle safety databases--</DELETED>
<DELETED> (1) to improve organization and functionality,
including design features such as drop-down menus;</DELETED>
<DELETED> (2) to allow data from applicable publicly
accessible vehicle safety databases to be searched, sorted,
aggregated, and downloaded in a manner that--</DELETED>
<DELETED> (A) is consistent with the public
interest; and</DELETED>
<DELETED> (B) facilitates easy use by
consumers;</DELETED>
<DELETED> (3) to provide greater consistency in presentation
of vehicle safety issues;</DELETED>
<DELETED> (4) to improve searchability regarding specific
vehicles and issues, which may include the standardization of
commonly used search terms; and</DELETED>
<DELETED> (5) to ensure nonconfidential documents and
materials relating to information created or obtained by the
National Highway Traffic Safety Administration are made
publicly available in a manner that is--</DELETED>
<DELETED> (A) timely; and</DELETED>
<DELETED> (B) searchable in databases by any element
that the Secretary determines to be in the public
interest.</DELETED>
<DELETED>SEC. 4218. NATIONAL DRIVER REGISTER ADVISORY COMMITTEE
REPEAL.</DELETED>
<DELETED> (a) In General.--Section 30306 of title 49, United States
Code, is repealed.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 303 of
title 49, United States Code, is amended by striking the item relating
to section 30306.</DELETED>
<DELETED>SEC. 4219. RESEARCH ON CONNECTED VEHICLE TECHNOLOGY.</DELETED>
<DELETED> The Administrator of the National Highway Traffic Safety
Administration, in collaboration with the head of the Intelligent
Transportation Systems Joint Program Office and the Administrator of
the Federal Highway Administration, shall--</DELETED>
<DELETED> (1) not later than 180 days after the date of
enactment of this Act, expand vehicle-to-pedestrian research
efforts to ensure that bicyclists and other vulnerable road
users will be incorporated into the safe deployment of
connected vehicle systems; and</DELETED>
<DELETED> (2) not later than 2 years after the date of
enactment of this Act, submit to Congress and make publicly
available a report describing the findings of the research
efforts described in paragraph (1).</DELETED>
<DELETED>SEC. 4220. ADVANCED IMPAIRED DRIVING TECHNOLOGY.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) alcohol-impaired driving fatalities represent
approximately \1/3\ of all highway fatalities in the United
States each year;</DELETED>
<DELETED> (2) in 2019, there were 10,142 alcohol-impaired
driving fatalities in the United States involving drivers with
a blood alcohol concentration level of .08 or higher, and 68
percent of the crashes that resulted in those fatalities
involved a driver with a blood alcohol concentration level of
.15 or higher;</DELETED>
<DELETED> (3) the estimated economic cost for alcohol-
impaired driving in 2010 was $44,000,000,000;</DELETED>
<DELETED> (4) according to the Insurance Institute for
Highway Safety, advanced drunk and impaired driving prevention
technology can prevent more than 9,400 alcohol-impaired driving
fatalities annually; and</DELETED>
<DELETED> (5) to ensure the prevention of alcohol-impaired
driving fatalities, advanced drunk and impaired driving
prevention technology must be standard equipment in all new
passenger motor vehicles.</DELETED>
<DELETED> (b) Definitions.--In this section:</DELETED>
<DELETED> (1) Advanced drunk and impaired driving prevention
technology.--The term ``advanced drunk and impaired driving
prevention technology'' means a system that--</DELETED>
<DELETED> (A) can--</DELETED>
<DELETED> (i) passively monitor the
performance of a driver of a motor vehicle to
accurately identify whether that driver may be
impaired; and</DELETED>
<DELETED> (ii) prevent or limit motor
vehicle operation if an impairment is
detected;</DELETED>
<DELETED> (B) can--</DELETED>
<DELETED> (i) passively and accurately
detect whether the blood alcohol concentration
of a driver of a motor vehicle is equal to or
greater than the blood alcohol concentration
described in section 163(a) of title 23, United
States Code; and</DELETED>
<DELETED> (ii) prevent or limit motor
vehicle operation if a blood alcohol
concentration above the legal limit is
detected; or</DELETED>
<DELETED> (C) is a combination of systems described
in subparagraphs (A) and (B).</DELETED>
<DELETED> (2) New.--The term ``new'', with respect to a
passenger motor vehicle, means that the passenger motor
vehicle--</DELETED>
<DELETED> (A) is a new vehicle (as defined in
section 37.3 of title 49, Code of Federal Regulations
(or a successor regulation)); and</DELETED>
<DELETED> (B) has not been purchased for purposes
other than resale.</DELETED>
<DELETED> (3) Passenger motor vehicle.--The term ``passenger
motor vehicle'' has the meaning given the term in section 32101
of title 49, United States Code.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of Transportation, acting through the Administrator
of the National Highway Traffic Safety
Administration.</DELETED>
<DELETED> (c) Advanced Drunk and Impaired Driving Prevention
Technology Safety Standard.--Subject to subsection (e) and not later
than 3 years after the date of enactment of this Act, the Secretary
shall issue a final rule prescribing a Federal motor vehicle safety
standard under section 30111 of title 49, United States Code, that
requires passenger motor vehicles manufactured after the effective date
of that standard to be equipped with advanced drunk and impaired
driving prevention technology.</DELETED>
<DELETED> (d) Requirements.--</DELETED>
<DELETED> (1) Lead time.--To allow sufficient time for
manufacturer compliance, the compliance date of the rule issued
under subsection (c) shall be not earlier than 2 years and not
more than 3 years after the date on which that rule is
issued.</DELETED>
<DELETED> (2) Technical capability.--Any advanced drunk and
impaired driving prevention technology required for new
passenger motor vehicles under subsection (c) that measures
blood alcohol concentration shall use the blood alcohol
concentration described in section 163(a) of title 23, United
States Code.</DELETED>
<DELETED> (e) Timing.--If the Secretary determines that the Federal
motor vehicle safety standard required under subsection (c) cannot meet
the requirements and considerations described in subsections (a) and
(b) of section 30111 of title 49, United States Code, by the applicable
date, the Secretary--</DELETED>
<DELETED> (1) may extend the time period to such date as the
Secretary determines to be necessary, but not later than the
date that is 3 years after the date described in subsection
(c); and</DELETED>
<DELETED> (2) shall, not later than the date described in
subsection (c) and not less frequently than annually thereafter
until the date on which the rule under that subsection is
issued, submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing,
as of the date of submission of the report--</DELETED>
<DELETED> (A) the reasons for not prescribing a
Federal motor vehicle safety standard under section
30111 of title 49, United States Code, that requires
advanced drunk and impaired driving prevention
technology in all new passenger motor
vehicles;</DELETED>
<DELETED> (B) the deployment of advanced drunk and
impaired driving prevention technology in
vehicles;</DELETED>
<DELETED> (C) any information relating to the
ability of vehicle manufacturers to include advanced
drunk and impaired driving prevention technology in new
passenger motor vehicles; and</DELETED>
<DELETED> (D) an anticipated timeline for
prescribing the Federal motor vehicle safety standard
described in subsection (c).</DELETED>
<DELETED>TITLE V--RESEARCH AND INNOVATION</DELETED>
<DELETED>SEC. 5001. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM ADVISORY
COMMITTEE.</DELETED>
<DELETED> Section 515(h) of title 23, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (1), by inserting ``(referred to
in this subsection as the `Advisory Committee')'' after ``an
Advisory Committee'';</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) in the matter preceding subparagraph
(A), by striking ``20 members'' and inserting ``25
members'';</DELETED>
<DELETED> (B) in subparagraph (K), by striking ``;
and'' and inserting a semicolon;</DELETED>
<DELETED> (C) in subparagraph (L)--</DELETED>
<DELETED> (i) by striking ``utilities,'';
and</DELETED>
<DELETED> (ii) by striking the period at the
end and inserting a semicolon;</DELETED>
<DELETED> (D) by redesignating subparagraphs (E)
through (L) as subparagraphs (G), (I), (J), (K), (L),
(M), (Q), and (R), respectively;</DELETED>
<DELETED> (E) by inserting after subparagraph (D)
the following:</DELETED>
<DELETED> ``(E) a representative of a national
transit association;</DELETED>
<DELETED> ``(F) a representative of a national,
State, or local transportation agency or
association;'';</DELETED>
<DELETED> (F) by inserting after subparagraph (G)
(as so redesignated) the following:</DELETED>
<DELETED> ``(H) a private sector developer of
intelligent transportation system technologies, which
may include emerging vehicle technologies;'';</DELETED>
<DELETED> (G) by inserting after subparagraph (M)
(as so redesignated) the following:</DELETED>
<DELETED> ``(N) a representative of a labor
organization;</DELETED>
<DELETED> ``(O) a representative of a mobility-
providing entity;</DELETED>
<DELETED> ``(P) an expert in traffic management;'';
and</DELETED>
<DELETED> (H) by adding at the end the
following:</DELETED>
<DELETED> ``(S) an expert in cybersecurity;
and</DELETED>
<DELETED> ``(T) an automobile
manufacturer.'';</DELETED>
<DELETED> (3) in paragraph (3)--</DELETED>
<DELETED> (A) in subparagraph (A), by striking
``section 508'' and inserting ``section 6503 of title
49''; and</DELETED>
<DELETED> (B) in subparagraph (B)--</DELETED>
<DELETED> (i) in the matter preceding clause
(i), by inserting ``programs and'' before
``research''; and</DELETED>
<DELETED> (ii) in clause (iii), by striking
``research and'' and inserting ``programs,
research, and'';</DELETED>
<DELETED> (4) by redesignating paragraphs (3) through (5) as
paragraphs (5) through (7); and</DELETED>
<DELETED> (5) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(3) Term.--</DELETED>
<DELETED> ``(A) In general.--The term of a member of
the Advisory Committee shall be 3 years.</DELETED>
<DELETED> ``(B) Renewal.--On expiration of the term
of a member of the Advisory Committee, the member--
</DELETED>
<DELETED> ``(i) may be reappointed;
or</DELETED>
<DELETED> ``(ii) if the member is not
reappointed under clause (i), may serve until a
new member is appointed.</DELETED>
<DELETED> ``(4) Meetings.--The Advisory Committee--
</DELETED>
<DELETED> ``(A) shall convene not less frequently
than twice each year; and</DELETED>
<DELETED> ``(B) may convene with the use of remote
video conference technology.''.</DELETED>
<DELETED>SEC. 5002. SMART COMMUNITY RESOURCE CENTER.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Resource center.--The term ``resource center''
means the Smart Community Resource Center established under
subsection (b).</DELETED>
<DELETED> (2) Smart community.--The term ``smart community''
means a community that uses innovative technologies, data,
analytics, and other means to improve the community and address
local challenges.</DELETED>
<DELETED> (b) Establishment.--The Secretary shall work with the
modal administrations of the Department and with such other Federal
agencies and departments as the Secretary determines to be appropriate
to make available to the public on an Internet website a resource
center, to be known as the ``Smart Community Resource Center'', that
includes a compilation of resources or links to resources for States
and local communities to use in developing and implementing--</DELETED>
<DELETED> (1) intelligent transportation system programs;
or</DELETED>
<DELETED> (2) smart community transportation
programs.</DELETED>
<DELETED> (c) Inclusions.--The resource center shall include links
to--</DELETED>
<DELETED> (1) existing programs and resources for
intelligent transportation system or smart community
transportation programs, including technical assistance,
education, training, funding, and examples of intelligent
transportation systems or smart community transportation
programs implemented by States and local communities, available
from--</DELETED>
<DELETED> (A) the Department;</DELETED>
<DELETED> (B) other Federal agencies; and</DELETED>
<DELETED> (C) non-Federal sources;</DELETED>
<DELETED> (2) existing reports or databases with the results
of intelligent transportation system or smart community
transportation programs;</DELETED>
<DELETED> (3) any best practices developed or lessons
learned from intelligent transportation system or smart
community transportation programs; and</DELETED>
<DELETED> (4) such other resources as the Secretary
determines to be appropriate.</DELETED>
<DELETED> (d) Deadline.--The Secretary shall establish the resource
center by the date that is 1 year after the date of enactment of this
Act.</DELETED>
<DELETED> (e) Updates.--The Secretary shall ensure that the resource
center is updated on a regular basis.</DELETED>
<DELETED>SEC. 5003. FEDERAL SUPPORT FOR LOCAL DECISIONMAKING.</DELETED>
<DELETED> (a) Local Outreach.--To determine the data analysis tools
needed to assist local communities in making infrastructure decisions,
the Director of the Bureau of Transportation Statistics shall perform
outreach to planning and infrastructure decision-making officials in
units of local government and other units of government, including a
geographically diverse group of individuals from--</DELETED>
<DELETED> (1) States;</DELETED>
<DELETED> (2) political subdivisions of States;</DELETED>
<DELETED> (3) cities;</DELETED>
<DELETED> (4) metropolitan planning organizations;</DELETED>
<DELETED> (5) regional transportation planning
organizations; and</DELETED>
<DELETED> (6) federally recognized Indian Tribes.</DELETED>
<DELETED> (b) Work Plan.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of enactment of this Act, based on the outreach performed
under subsection (a), the Director of the Bureau of
Transportation Statistics shall submit to the Secretary a work
plan for reviewing and updating existing data analysis tools
and developing any additional data analysis tools needed to
assist local communities with making infrastructure investment
decisions.</DELETED>
<DELETED> (2) Contents.--Based on the needs identified
pursuant to the outreach performed under subsection (a), the
work plan submitted under paragraph (1) shall include--
</DELETED>
<DELETED> (A) a description of the data analysis
tools identified that would benefit infrastructure
decision-making by local governments and address the
goals described in subsection (c);</DELETED>
<DELETED> (B) a review of the datasets that local
governments need to effectively use the data analysis
tools described in subparagraph (A);</DELETED>
<DELETED> (C) an identification of existing or
proposed data analysis tools that use publicly
available data;</DELETED>
<DELETED> (D) the estimated cost of obtaining each
dataset described in subparagraph (B);</DELETED>
<DELETED> (E) the estimated cost to develop the data
analysis tools described in subparagraph (A);</DELETED>
<DELETED> (F) a prioritization for the development
of data analysis tools described in subparagraph (A);
and</DELETED>
<DELETED> (G) a determination as to whether it would
be appropriate for the Federal Government to develop
the data analysis tools described in subparagraph
(A).</DELETED>
<DELETED> (c) Goals.--</DELETED>
<DELETED> (1) In general.--A data analysis tool created
pursuant to the work plan submitted under subsection (b)(1)
shall be developed to help inform local communities in making
infrastructure investments.</DELETED>
<DELETED> (2) Specific issues.--A data analysis tool created
pursuant to the work plan submitted under subsection (b)(1)
shall be intended to help units of local government and other
units of government address 1 or more of the
following:</DELETED>
<DELETED> (A) Improving maintenance of existing
assets.</DELETED>
<DELETED> (B) Rebuilding infrastructure to a state
of good repair.</DELETED>
<DELETED> (C) Creating economic development through
infrastructure development.</DELETED>
<DELETED> (D) Establishing freight plans and
infrastructure that connects the community to supply
chains.</DELETED>
<DELETED> (E) Increasing options for communities
that lack access to affordable transportation to
improve access to jobs, affordable housing, schools,
medical services, foods and other essential community
services.</DELETED>
<DELETED> (F) Reducing congestion.</DELETED>
<DELETED> (G) Improving community resilience to
extreme weather events.</DELETED>
<DELETED> (H) Any other subject, as the Director
determines to be necessary.</DELETED>
<DELETED> (d) Implementation.--Subject to the availability of
appropriations, the Secretary shall develop data analysis tools and
purchase datasets as prioritized in the work plan.</DELETED>
<DELETED> (e) Coordination.--The Director of the Bureau of
Transportation Statistics may utilize existing working groups or
advisory committees to perform the local outreach required under
subsection (a).</DELETED>
<DELETED>SEC. 5004. BUREAU OF TRANSPORTATION STATISTICS.</DELETED>
<DELETED> (a) Funding.--In addition to amounts made available from
the Highway Trust Fund, there is authorized to be appropriated to the
Secretary for use by the Bureau of Transportation Statistics for data
collection and analysis activities $10,000,000 for each of fiscal years
2022 through 2026.</DELETED>
<DELETED> (b) Amendment.--Section 6302(b)(3)(B)(vi) of title 49,
United States Code, is amended--</DELETED>
<DELETED> (1) by striking subclause (V);</DELETED>
<DELETED> (2) by redesignating subclauses (VI) through (XI)
as subclauses (VII) through (XII), respectively; and</DELETED>
<DELETED> (3) by adding after subclause (IV) the
following:</DELETED>
<DELETED> ``(V) employment in the
transportation sector;</DELETED>
<DELETED> ``(VI) the effects of the
transportation system, including
advanced technologies and automation,
on global and domestic economic
competitiveness;''.</DELETED>
<DELETED>SEC. 5005. STRENGTHENING MOBILITY AND REVOLUTIONIZING
TRANSPORTATION GRANT PROGRAM.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Eligible entity.--The term ``eligible entity''
means--</DELETED>
<DELETED> (A) a State;</DELETED>
<DELETED> (B) a political subdivision of a
State;</DELETED>
<DELETED> (C) a Tribal government;</DELETED>
<DELETED> (D) a public transit agency or
authority;</DELETED>
<DELETED> (E) a public toll authority;</DELETED>
<DELETED> (F) a metropolitan planning organization;
and</DELETED>
<DELETED> (G) a group of 2 or more eligible entities
described in any of subparagraphs (A) through (F)
applying through a single lead applicant.</DELETED>
<DELETED> (2) Eligible project.--The term ``eligible
project'' means a project described in subsection
(e).</DELETED>
<DELETED> (3) Large community.--The term ``large community''
means a community with a population of not less than 400,000
individuals, as determined under the most recent annual
estimate of the Bureau of the Census.</DELETED>
<DELETED> (4) Midsized community.--The term ``midsized
community'' means any community that is not a large community
or a rural community.</DELETED>
<DELETED> (5) Regional partnership.--The term ``regional
partnership'' means a partnership composed of 2 or more
eligible entities located in jurisdictions with a combined
population that is equal to or greater than the population of
any midsized community.</DELETED>
<DELETED> (6) Rural community.--The term ``rural community''
means a community that is located in an area that is outside of
an urbanized area (as defined in section 5302 of title 49,
United States Code).</DELETED>
<DELETED> (7) SMART grant.--The term ``SMART grant'' means a
grant provided to an eligible entity under the Strengthening
Mobility and Revolutionizing Transportation Grant Program
established under subsection (b).</DELETED>
<DELETED> (b) Establishment of Program.--The Secretary shall
establish a program, to be known as the ``Strengthening Mobility and
Revolutionizing Transportation Grant Program'', under which the
Secretary shall provide grants to eligible entities to conduct
demonstration projects focused on advanced smart city or community
technologies and systems in a variety of communities to improve
transportation efficiency and safety.</DELETED>
<DELETED> (c) Distribution.--In determining the projects for which
to provide a SMART grant, the Secretary shall consider contributions to
geographical diversity among grant recipients, including the need for
balancing the needs of rural communities, midsized communities, and
large communities, consistent with the requirements of subparagraphs
(A) through (C) of subsection (g)(1).</DELETED>
<DELETED> (d) Applications.--</DELETED>
<DELETED> (1) In general.--An eligible entity may submit to
the Secretary an application for a SMART grant at such time, in
such manner, and containing such information as the Secretary
may require.</DELETED>
<DELETED> (2) Transparency.--The Secretary shall include, in
any notice of funding availability relating to SMART grants, a
full description of the method by which applications under
paragraph (1) will be evaluated.</DELETED>
<DELETED> (3) Selection criteria.--</DELETED>
<DELETED> (A) In general.--The Secretary shall
evaluate applications for SMART grants based on--
</DELETED>
<DELETED> (i) the extent to which the
eligible entity or applicable beneficiary
community--</DELETED>
<DELETED> (I) has a public
transportation system or other transit
options capable of integration with
other systems to improve mobility and
efficiency;</DELETED>
<DELETED> (II) has a population
density and transportation needs
conducive to demonstrating proposed
strategies;</DELETED>
<DELETED> (III) has continuity of
committed leadership and the functional
capacity to carry out the proposed
project;</DELETED>
<DELETED> (IV) is committed to open
data sharing with the public;
and</DELETED>
<DELETED> (V) is likely to
successfully implement the proposed
eligible project, including through
technical and financial commitments
from the public and private sectors;
and</DELETED>
<DELETED> (ii) the extent to which a
proposed eligible project will use advanced
data, technology, and applications to provide
significant benefits to a local area, a State,
a region, or the United States, including the
extent to which the proposed eligible project
will--</DELETED>
<DELETED> (I) reduce congestion and
delays for commerce and the traveling
public;</DELETED>
<DELETED> (II) improve the safety
and integration of transportation
facilities and systems for pedestrians,
bicyclists, and the broader traveling
public;</DELETED>
<DELETED> (III) improve access to
jobs, education, and essential
services, including health
care;</DELETED>
<DELETED> (IV) connect or expand
access for underserved or disadvantaged
populations and reduce transportation
costs;</DELETED>
<DELETED> (V) contribute to medium-
and long-term economic
competitiveness;</DELETED>
<DELETED> (VI) improve the
reliability of existing transportation
facilities and systems;</DELETED>
<DELETED> (VII) promote connectivity
between and among connected vehicles,
roadway infrastructure, pedestrians,
bicyclists, the public, and
transportation systems;</DELETED>
<DELETED> (VIII) incentivize private
sector investments or partnerships,
including by working with mobile and
fixed telecommunication service
providers, to the extent
practicable;</DELETED>
<DELETED> (IX) improve energy
efficiency or reduce
pollution;</DELETED>
<DELETED> (X) increase the
resiliency of the transportation
system; and</DELETED>
<DELETED> (XI) improve emergency
response.</DELETED>
<DELETED> (B) Priority.--In providing SMART grants,
the Secretary shall give priority to applications for
eligible projects that would--</DELETED>
<DELETED> (i) demonstrate smart city or
community technologies in repeatable ways that
can rapidly be scaled;</DELETED>
<DELETED> (ii) encourage public and private
sharing of data and best practices;</DELETED>
<DELETED> (iii) encourage private-sector
innovation by promoting industry-driven
technology standards, open platforms,
technology-neutral requirements, and
interoperability;</DELETED>
<DELETED> (iv) promote a skilled workforce
that is inclusive of minority or disadvantaged
groups;</DELETED>
<DELETED> (v) allow for the measurement and
validation of the cost savings and performance
improvements associated with the installation
and use of smart city or community technologies
and practices;</DELETED>
<DELETED> (vi) encourage the adoption of
smart city or community technologies by
communities;</DELETED>
<DELETED> (vii) promote industry practices
regarding cybersecurity; and</DELETED>
<DELETED> (viii) safeguard individual
privacy.</DELETED>
<DELETED> (e) Use of Grant Funds.--</DELETED>
<DELETED> (1) Eligible projects.--</DELETED>
<DELETED> (A) In general.--A SMART grant may be used
to carry out a project that demonstrates at least 1 of
the following:</DELETED>
<DELETED> (i) Coordinated automation.--The
use of automated transportation and autonomous
vehicles, while working to minimize the impact
on the accessibility of any other user group or
mode of travel.</DELETED>
<DELETED> (ii) Connected vehicles.--Vehicles
that send and receive information regarding
vehicle movements in the network and use
vehicle-to-vehicle and vehicle-to-everything
communications to provide advanced and reliable
connectivity.</DELETED>
<DELETED> (iii) Intelligent, sensor-based
infrastructure.--The deployment and use of a
collective intelligent infrastructure that
allows sensors to collect and report real-time
data to inform everyday transportation-related
operations and performance.</DELETED>
<DELETED> (iv) Systems integration.--The
integration of intelligent transportation
systems with other existing systems and other
advanced transportation technologies.</DELETED>
<DELETED> (v) Commerce delivery and
logistics.--Innovative data and technological
solutions supporting efficient goods movement,
such as connected vehicle probe data, road
weather data, or global positioning data to
improve on-time pickup and delivery, improved
travel time reliability, reduced fuel
consumption and emissions, and reduced labor
and vehicle maintenance costs.</DELETED>
<DELETED> (vi) Leveraging use of innovative
aviation technology.--Leveraging the use of
innovative aviation technologies, such as
unmanned aircraft systems, to support
transportation safety and efficiencies,
including traffic monitoring and infrastructure
inspection.</DELETED>
<DELETED> (vii) Smart grid.--Development of
a programmable and efficient energy
transmission and distribution system to support
the adoption or expansion of energy capture,
electric vehicle deployment, or freight or
commercial fleet fuel efficiency.</DELETED>
<DELETED> (2) Eligible project costs.--A SMART grant may be
used for--</DELETED>
<DELETED> (A) development phase activities,
including--</DELETED>
<DELETED> (i) planning;</DELETED>
<DELETED> (ii) feasibility
analyses;</DELETED>
<DELETED> (iii) revenue
forecasting;</DELETED>
<DELETED> (iv) environmental
review;</DELETED>
<DELETED> (v) permitting;</DELETED>
<DELETED> (vi) preliminary engineering and
design work;</DELETED>
<DELETED> (vii) systems development or
information technology work; and</DELETED>
<DELETED> (viii) acquisition of real
property (including land and improvements to
land relating to an eligible project);
and</DELETED>
<DELETED> (B) construction phase activities,
including--</DELETED>
<DELETED> (i) construction;</DELETED>
<DELETED> (ii) reconstruction;</DELETED>
<DELETED> (iii) rehabilitation;</DELETED>
<DELETED> (iv) replacement;</DELETED>
<DELETED> (v) environmental
mitigation;</DELETED>
<DELETED> (vi) construction contingencies;
and</DELETED>
<DELETED> (vii) acquisition of equipment,
including vehicles.</DELETED>
<DELETED> (3) Prohibited uses.--A SMART grant shall not be
used--</DELETED>
<DELETED> (A) to reimburse any preaward costs or
application preparation costs of the SMART grant
application;</DELETED>
<DELETED> (B) for any traffic or parking enforcement
activity; or</DELETED>
<DELETED> (C) to purchase or lease a license plate
reader.</DELETED>
<DELETED> (f) Reports.--</DELETED>
<DELETED> (1) Eligible entities.--Not later than 2 years
after the date on which an eligible entity receives a SMART
grant, and annually thereafter until the date on which the
SMART grant is expended, the eligible entity shall submit to
the Secretary an implementation report that describes--
</DELETED>
<DELETED> (A) the deployment and operational costs
of each eligible project carried out by the eligible
entity, as compared to the benefits and savings from
the eligible project; and</DELETED>
<DELETED> (B) the means by which each eligible
project carried out by the eligible entity has met the
original expectation, as projected in the SMART grant
application, including--</DELETED>
<DELETED> (i) data describing the means by
which the eligible project met the specific
goals for the project, such as--</DELETED>
<DELETED> (I) reducing traffic-
related fatalities and
injuries;</DELETED>
<DELETED> (II) reducing traffic
congestion or improved travel-time
reliability;</DELETED>
<DELETED> (III) providing the public
with access to real-time integrated
traffic, transit, and multimodal
transportation information to make
informed travel decisions; or</DELETED>
<DELETED> (IV) reducing barriers or
improved access to jobs, education, or
various essential services;</DELETED>
<DELETED> (ii) the effectiveness of
providing to the public real-time integrated
traffic, transit, and multimodal transportation
information to make informed travel decisions;
and</DELETED>
<DELETED> (iii) lessons learned and
recommendations for future deployment
strategies to optimize transportation
efficiency and multimodal system
performance.</DELETED>
<DELETED> (2) GAO.--Not later than 4 years after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct, and submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Energy and Commerce of the House of Representatives, and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the results of, a review of
the SMART grant program under this section.</DELETED>
<DELETED> (3) Secretary.--Not later than 2 years after the
date on which the initial SMART grants are provided under this
section, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
</DELETED>
<DELETED> (A) describes each eligible entity that
received a SMART grant;</DELETED>
<DELETED> (B) identifies the amount of each SMART
grant provided;</DELETED>
<DELETED> (C) summarizes the intended uses of each
SMART grant;</DELETED>
<DELETED> (D) describes the effectiveness of
recipient eligible entities in meeting the goals
described in the SMART grant application of the
eligible entity, including an assessment or measurement
of the realized improvements or benefits resulting from
each SMART grant; and</DELETED>
<DELETED> (E) describes lessons learned and
recommendations for future deployment strategies to
optimize transportation efficiency and multimodal
system performance.</DELETED>
<DELETED> (g) Authorization of Appropriations.--</DELETED>
<DELETED> (1) In general.--There is authorized to be
appropriated to the Secretary $100,000,000 for each of the
first 5 fiscal years beginning after the date of enactment of
this Act, of which--</DELETED>
<DELETED> (A) not more than 40 percent shall be used
to provide SMART grants for eligible projects that
primarily benefit large communities;</DELETED>
<DELETED> (B) not more than 30 percent shall be
provided for eligible projects that primarily benefit
midsized communities; and</DELETED>
<DELETED> (C) not more than 30 percent shall be used
to provide SMART grants for eligible projects that
primarily benefit rural communities or regional
partnerships.</DELETED>
<DELETED> (2) Administrative costs.--Of the amounts made
available under paragraph (1) for each fiscal year, not more
than 2 percent shall be used for administrative costs of the
Secretary in carrying out this section.</DELETED>
<DELETED> (3) Limitation.--An eligible entity may not use
more than 3 percent of the amount of a SMART grant for each
fiscal year to achieve compliance with applicable planning and
reporting requirements.</DELETED>
<DELETED> (4) Availability.--The amounts made available for
a fiscal year pursuant to this subsection shall be available
for obligation during the 2-fiscal-year period beginning on the
first day of the fiscal year for which the amounts were
appropriated.</DELETED>
<DELETED>SEC. 5006. ELECTRIC VEHICLE WORKING GROUP.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Secretaries.--The term ``Secretaries'' means--
</DELETED>
<DELETED> (A) the Secretary; and</DELETED>
<DELETED> (B) the Secretary of Energy.</DELETED>
<DELETED> (2) Working group.--The term ``working group''
means the electric vehicle working group established under
subsection (b)(1).</DELETED>
<DELETED> (b) Establishment.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretaries shall jointly
establish an electric vehicle working group to make
recommendations regarding the development, adoption, and
integration of light-, medium-, and heavy-duty electric
vehicles into the transportation and energy systems of the
United States.</DELETED>
<DELETED> (2) Membership.--</DELETED>
<DELETED> (A) In general.--The working group shall
be composed of--</DELETED>
<DELETED> (i) the Secretaries (or
designees), who shall be cochairs of the
working group; and</DELETED>
<DELETED> (ii) not more than 25 members, to
be appointed by the Secretaries, of whom--
</DELETED>
<DELETED> (I) not more than 6 shall
be Federal stakeholders as described in
subparagraph (B); and</DELETED>
<DELETED> (II) not more than 19
shall be non-Federal stakeholders as
described in subparagraph
(C).</DELETED>
<DELETED> (B) Federal stakeholders.--The working
group--</DELETED>
<DELETED> (i) shall include not fewer than 1
representative of each of--</DELETED>
<DELETED> (I) the
Department;</DELETED>
<DELETED> (II) the Department of
Energy;</DELETED>
<DELETED> (III) the Environmental
Protection Agency;</DELETED>
<DELETED> (IV) the Council on
Environmental Quality; and</DELETED>
<DELETED> (V) the General Services
Administration; and</DELETED>
<DELETED> (ii) may include a representative
of any other Federal agency the Secretaries
consider to be appropriate.</DELETED>
<DELETED> (C) Non-federal stakeholders.--</DELETED>
<DELETED> (i) In general.--Subject to clause
(ii), the working group--</DELETED>
<DELETED> (I) shall include not
fewer than 1 representative of each
of--</DELETED>
<DELETED> (aa) a
manufacturer of light-duty
electric vehicles or the
relevant components of light-
duty electric
vehicles;</DELETED>
<DELETED> (bb) a
manufacturer of medium- and
heavy-duty vehicles or the
relevant components of medium-
and heavy-duty electric
vehicles;</DELETED>
<DELETED> (cc) a
manufacturer of electric
vehicle batteries;</DELETED>
<DELETED> (dd) an owner,
operator, or manufacturer of
electric vehicle charging
equipment;</DELETED>
<DELETED> (ee) the public
utility industry;</DELETED>
<DELETED> (ff) a public
utility regulator or
association of public utility
regulators;</DELETED>
<DELETED> (gg) the
transportation fueling
distribution
industry;</DELETED>
<DELETED> (hh) the energy
provider industry;</DELETED>
<DELETED> (ii) the
automotive dealing
industry;</DELETED>
<DELETED> (jj) the for-hire
passenger transportation
industry;</DELETED>
<DELETED> (kk) an
organization representing units
of local government;</DELETED>
<DELETED> (ll) an
organization representing
regional transportation or
planning agencies;</DELETED>
<DELETED> (mm) an
organization representing State
departments of
transportation;</DELETED>
<DELETED> (nn) an
organization representing State
departments of energy or State
energy planners;</DELETED>
<DELETED> (oo) the
intelligent transportation
systems and technologies
industry;</DELETED>
<DELETED> (pp) organized
labor;</DELETED>
<DELETED> (qq) the trucking
industry;</DELETED>
<DELETED> (rr) Tribal
governments; and</DELETED>
<DELETED> (ss) the property
development industry;
and</DELETED>
<DELETED> (II) may include a
representative of any other non-Federal
stakeholder that the Secretaries
consider to be appropriate.</DELETED>
<DELETED> (ii) Requirement.--The
stakeholders selected under clause (i) shall,
in the aggregate--</DELETED>
<DELETED> (I) consist of individuals
with a balance of backgrounds,
experiences, and viewpoints;
and</DELETED>
<DELETED> (II) include individuals
that represent geographically diverse
regions of the United States, including
individuals representing the
perspectives of rural, urban, and
suburban areas.</DELETED>
<DELETED> (3) Meetings.--</DELETED>
<DELETED> (A) In general.--The working group shall
meet not less frequently than once every 120
days.</DELETED>
<DELETED> (B) Remote participation.--A member of the
working group may participate in a meeting of the
working group via teleconference or similar
means.</DELETED>
<DELETED> (4) Coordination.--In carrying out the duties of
the working group, the working group shall coordinate and
consult with any existing Federal interagency working groups on
fleet conversion or other similar matters relating to electric
vehicles.</DELETED>
<DELETED> (c) Reports and Strategy on Electric Vehicle Adoption.--
</DELETED>
<DELETED> (1) Working group reports.--The working group
shall complete by each of the deadlines described in paragraph
(2) a report describing the status of electric vehicle adoption
including--</DELETED>
<DELETED> (A) a description of the barriers and
opportunities to scaling up electric vehicle adoption
throughout the United States, including recommendations
for issues relating to--</DELETED>
<DELETED> (i) consumer behavior;</DELETED>
<DELETED> (ii) charging infrastructure
needs, including standardization and
cybersecurity;</DELETED>
<DELETED> (iii) manufacturing and battery
costs, including the raw material shortages for
batteries and electric motor magnets;</DELETED>
<DELETED> (iv) the adoption of electric
vehicles for low- and moderate-income
individuals and underserved communities,
including charging infrastructure access and
vehicle purchase financing;</DELETED>
<DELETED> (v) business models for charging
personal electric vehicles outside the home,
including wired and wireless
charging;</DELETED>
<DELETED> (vi) charging infrastructure
permitting and regulatory issues;</DELETED>
<DELETED> (vii) the connections between
housing and transportation costs and
emissions;</DELETED>
<DELETED> (viii) freight transportation,
including local, port and drayage, regional,
and long-haul trucking;</DELETED>
<DELETED> (ix) intercity passenger
travel;</DELETED>
<DELETED> (x) the process by which
governments collect a user fee for the
contribution of electric vehicles to funding
roadway improvements;</DELETED>
<DELETED> (xi) State- and local-level
policies, incentives, and zoning
efforts;</DELETED>
<DELETED> (xii) the installation of highway
corridor signage;</DELETED>
<DELETED> (xiii) secondary markets and
recycling for batteries;</DELETED>
<DELETED> (xiv) grid capacity and
integration;</DELETED>
<DELETED> (xv) energy storage; and</DELETED>
<DELETED> (xvi) specific regional or local
issues that may not appear to apply throughout
the United States, but may hamper nationwide
adoption or coordination of electric
vehicles;</DELETED>
<DELETED> (B) examples of successful public and
private models and demonstration projects that
encourage electric vehicle adoption;</DELETED>
<DELETED> (C) an analysis of current efforts to
overcome the barriers described in subparagraph
(A);</DELETED>
<DELETED> (D) an analysis of the estimated costs and
benefits of any recommendations of the working group;
and</DELETED>
<DELETED> (E) any other topics, as determined by the
working group.</DELETED>
<DELETED> (2) Deadlines.--A report under paragraph (1) shall
be submitted to the Secretaries, the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate
and the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives--</DELETED>
<DELETED> (A) in the case of the first report, by
not later than 18 months after the date on which the
working group is established under subsection
(b)(1);</DELETED>
<DELETED> (B) in the case of the second report, by
not later than 2 years after the date on which the
first report is required to be submitted under
subparagraph (A); and</DELETED>
<DELETED> (C) in the case of the third report, by
not later than 2 years after the date on which the
second report is required to be submitted under
subparagraph (B).</DELETED>
<DELETED> (3) Strategy.--</DELETED>
<DELETED> (A) In general.--Based on the reports
submitted by the working group under paragraph (1), the
Secretaries shall jointly develop, maintain, and update
a strategy that describes the means by which the
Federal Government, States, units of local government,
and industry can--</DELETED>
<DELETED> (i) establish quantitative targets
for transportation electrification;</DELETED>
<DELETED> (ii) overcome the barriers
described in paragraph (1)(A);</DELETED>
<DELETED> (iii) identify areas of
opportunity in research and development to
improve battery manufacturing, mineral mining,
recycling costs, material recovery, fire risks,
and battery performance for electric
vehicles;</DELETED>
<DELETED> (iv) enhance Federal interagency
coordination to promote electric vehicle
adoption;</DELETED>
<DELETED> (v) prepare the workforce for the
adoption of electric vehicles, including
through collaboration with labor unions,
educational institutions, and relevant
manufacturers;</DELETED>
<DELETED> (vi) expand electric vehicle and
charging infrastructure;</DELETED>
<DELETED> (vii) expand knowledge of the
benefits of electric vehicles among the general
public;</DELETED>
<DELETED> (viii) maintain the global
competitiveness of the United States in the
electric vehicle and charging infrastructure
markets;</DELETED>
<DELETED> (ix) provide clarity in
regulations to improve national uniformity with
respect to electric vehicles; and</DELETED>
<DELETED> (x) ensure the sustainable
integration of electric vehicles into the
national electric grid.</DELETED>
<DELETED> (B) Notice and comment.--In carrying out
subparagraph (A), the Secretaries shall provide public
notice and opportunity for comment on the strategy
described in that subparagraph.</DELETED>
<DELETED> (4) Information.--</DELETED>
<DELETED> (A) In general.--The Secretaries may enter
into an agreement with the Transportation Research
Board of the National Academies of Sciences,
Engineering, and Medicine to provide, track, or report
data, information, or research to assist the working
group in carrying out paragraph (1).</DELETED>
<DELETED> (B) Use of existing information.--In
developing a report under paragraph (1) or a strategy
under paragraph (3), the Secretaries and the working
group shall take into consideration existing Federal,
State, local, private sector, and academic data and
information relating to electric vehicles and, to the
maximum extent practicable, coordinate with the
entities that publish that information--</DELETED>
<DELETED> (i) to prevent duplication of
efforts by the Federal Government;
and</DELETED>
<DELETED> (ii) to leverage existing
information and complementary
efforts.</DELETED>
<DELETED> (d) Coordination.--To the maximum extent practicable, the
Secretaries and the working group shall carry out this section using
all available existing resources, websites, and databases of Federal
agencies, such as--</DELETED>
<DELETED> (1) the Alternative Fuels Data Center;</DELETED>
<DELETED> (2) the Energy Efficient Mobility Systems program;
and</DELETED>
<DELETED> (3) the Clean Cities Coalition Network.</DELETED>
<DELETED>SEC. 5007. RISK AND SYSTEM RESILIENCE.</DELETED>
<DELETED> (a) In General.--The Secretary, in consultation with
appropriate Federal, State, and local agencies, shall develop a process
for quantifying annual risk in order to increase system resilience with
respect to the surface transportation system of the United States by
measuring--</DELETED>
<DELETED> (1) resilience to threat probabilities by type of
hazard and geographical location;</DELETED>
<DELETED> (2) resilience to asset vulnerabilities with
respect to each applicable threat; and</DELETED>
<DELETED> (3) anticipated consequences from each applicable
threat to each asset.</DELETED>
<DELETED> (b) Use by State, Regional, Tribal, and Local Entities.--
</DELETED>
<DELETED> (1) In general.--The Secretary shall provide the
process developed under subsection (a) to State departments of
transportation, metropolitan planning organizations, Indian
Tribes, local governments, and other relevant
entities.</DELETED>
<DELETED> (2) Guidance and technical assistance.--The
Secretary shall provide to the entities described in paragraph
(1) guidance and technical assistance on the use of the process
referred to in that paragraph.</DELETED>
<DELETED> (c) Research.--</DELETED>
<DELETED> (1) In general.--The Secretary shall--</DELETED>
<DELETED> (A) identify and support fundamental
research to develop a framework and quantitative models
to support compilation of information for risk-based
analysis of transportation assets by standardizing the
basis for quantifying annual risk and increasing system
resilience; and</DELETED>
<DELETED> (B) build on existing resilience research,
including studies conducted by--</DELETED>
<DELETED> (i) the Transportation Research
Board of the National Academies of Sciences,
Engineering, and Medicine; and</DELETED>
<DELETED> (ii) the National Institute of
Standards and Technology.</DELETED>
<DELETED> (2) Use of existing facilities.--In carrying out
paragraph (1), the Secretary shall use existing research
facilities available to the Secretary, including the Turner-
Fairbank Highway Research Center and University Transportation
Centers established under section 5505 of title 49, United
States Code.</DELETED>
<DELETED>SEC. 5008. COORDINATION ON EMERGING TRANSPORTATION
TECHNOLOGY.</DELETED>
<DELETED> (a) In General.--Subchapter I of chapter 3 of title 49,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 313. Nontraditional and Emerging Transportation
Technology Council</DELETED>
<DELETED> ``(a) Establishment.--Not later than 180 days after the
date of enactment of this section, the Secretary of Transportation
(referred to in this section as the `Secretary') shall establish a
council, to be known as the `Nontraditional and Emerging Transportation
Technology Council' (referred to in this section as the `Council'), to
address coordination on emerging technology issues across all modes of
transportation.</DELETED>
<DELETED> ``(b) Membership.--</DELETED>
<DELETED> ``(1) In general.--The Council shall be composed
of--</DELETED>
<DELETED> ``(A) the Secretary, who shall serve as an
ex officio member of the Council;</DELETED>
<DELETED> ``(B) the Deputy Secretary of
Transportation;</DELETED>
<DELETED> ``(C) the Under Secretary of
Transportation for Policy;</DELETED>
<DELETED> ``(D) the Assistant Secretary for Research
and Technology of the Department of
Transportation;</DELETED>
<DELETED> ``(E) the Assistant Secretary for Budget
and Programs of the Department of
Transportation;</DELETED>
<DELETED> ``(F) the General Counsel of the
Department of Transportation;</DELETED>
<DELETED> ``(G) the Chief Information Officer of the
Department of Transportation;</DELETED>
<DELETED> ``(H) the Administrator of the Federal
Aviation Administration;</DELETED>
<DELETED> ``(I) the Administrator of the Federal
Highway Administration;</DELETED>
<DELETED> ``(J) the Administrator of the Federal
Motor Carrier Safety Administration;</DELETED>
<DELETED> ``(K) the Administrator of the Federal
Railroad Administration;</DELETED>
<DELETED> ``(L) the Administrator of the Federal
Transit Administration;</DELETED>
<DELETED> ``(M) the Administrator of the Maritime
Administration;</DELETED>
<DELETED> ``(N) the Administrator of the National
Highway Traffic Safety Administration;</DELETED>
<DELETED> ``(O) the Administrator of the Pipeline
and Hazardous Materials Safety Administration;
and</DELETED>
<DELETED> ``(P) any other official of the Department
of Transportation, as determined by the
Secretary.</DELETED>
<DELETED> ``(2) Chair and vice chair.--</DELETED>
<DELETED> ``(A) Chair.--The Deputy Secretary of
Transportation (or a designee) shall serve as Chair of
the Council.</DELETED>
<DELETED> ``(B) Vice chair.--The Under Secretary of
Transportation for Policy (or a designee) shall serve
as Vice Chair of the Council.</DELETED>
<DELETED> ``(c) Duties.--The Council shall--</DELETED>
<DELETED> ``(1) identify and resolve jurisdictional and
regulatory gaps or inconsistencies associated with
nontraditional and emerging transportation technologies, modes,
or projects pending or brought before the Department of
Transportation to reduce, to the maximum extent practicable,
impediments to the prompt and safe deployment of new and
innovative transportation technology, including with respect
to--</DELETED>
<DELETED> ``(A) safety oversight;</DELETED>
<DELETED> ``(B) environmental review; and</DELETED>
<DELETED> ``(C) funding and financing
issues;</DELETED>
<DELETED> ``(2) coordinate the response of the Department of
Transportation to nontraditional and emerging transportation
technology projects;</DELETED>
<DELETED> ``(3) engage with stakeholders in nontraditional
and emerging transportation technology projects; and</DELETED>
<DELETED> ``(4) develop and establish Department of
Transportation-wide processes, solutions, and best practices
for identifying and managing nontraditional and emerging
transportation technology projects.</DELETED>
<DELETED> ``(d) Best Practices.--Not later than 1 year after the
date of enactment of this section, the Council shall--</DELETED>
<DELETED> ``(1) publish initial guidelines to achieve the
purposes described in subsection (c)(4); and</DELETED>
<DELETED> ``(2) promote each modal administration within the
Department of Transportation to further test and support the
advancement of nontraditional and emerging transportation
technologies not specifically considered by the
Council.</DELETED>
<DELETED> ``(e) Support.--The Office of the Secretary shall provide
support for the Council.</DELETED>
<DELETED> ``(f) Meetings.--The Council shall meet not less
frequently than 4 times per year, at the call of the Chair.</DELETED>
<DELETED> ``(g) Lead Modal Administration.--For each nontraditional
or emerging transportation technology, mode, or project associated with
a jurisdictional or regulatory gap or inconsistency identified under
subsection (c)(1), the Chair of the Council shall--</DELETED>
<DELETED> ``(1) designate a lead modal administration of the
Department of Transportation for review of the technology,
mode, or project; and</DELETED>
<DELETED> ``(2) arrange for the detailing of staff between
modal administrations or offices of the Department of
Transportation as needed to maximize the sharing of experience
and expertise.</DELETED>
<DELETED> ``(h) Transparency.--Not later than 1 year after the date
of establishment of the Council, and not less frequently than annually
thereafter until December 31, 2026, the Council shall post on a
publicly accessible website a report describing the activities of the
Council during the preceding calendar year.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for subchapter I of
chapter 3 of title 49, United States Code, is amended by adding at the
end the following:</DELETED>
<DELETED>``313. Nontraditional and Emerging Transportation Technology
Council.''.
<DELETED>SEC. 5009. INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT
CENTER.</DELETED>
<DELETED> (a) In General.--Section 102 of title 49, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (a), by inserting ``(referred to
in this section as the `Department')'' after
``Transportation'';</DELETED>
<DELETED> (2) in subsection (b), in the first sentence, by
inserting ``(referred to in this section as the `Secretary')''
after ``Transportation'';</DELETED>
<DELETED> (3) in subsection (f)(1), by striking ``of
Transportation'' each place it appears;</DELETED>
<DELETED> (4) by redesignating subsection (h) as subsection
(i); and</DELETED>
<DELETED> (5) by inserting after subsection (g) the
following:</DELETED>
<DELETED> ``(h) Interagency Infrastructure Permitting Improvement
Center.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Center.--The term `Center' means the
Interagency Infrastructure Permitting Improvement
Center established by paragraph (2).</DELETED>
<DELETED> ``(B) Project.--The term `project' means a
project authorized or funded under--</DELETED>
<DELETED> ``(i) this title; or</DELETED>
<DELETED> ``(ii) title 14, 23, 46, or
51.</DELETED>
<DELETED> ``(2) Establishment.--There is established within
the Office of the Secretary a center, to be known as the
`Interagency Infrastructure Permitting Improvement
Center'.</DELETED>
<DELETED> ``(3) Purposes.--The purposes of the Center shall
be--</DELETED>
<DELETED> ``(A) to implement reforms to improve
interagency coordination and expedite projects relating
to the permitting and environmental review of major
transportation infrastructure projects, including--
</DELETED>
<DELETED> ``(i) developing and deploying
information technology tools to track project
schedules and metrics; and</DELETED>
<DELETED> ``(ii) improving the transparency
and accountability of the permitting
process;</DELETED>
<DELETED> ``(B)(i) to identify appropriate methods
to assess environmental impacts; and</DELETED>
<DELETED> ``(ii) to develop innovative methods for
reasonable mitigation;</DELETED>
<DELETED> ``(C) to reduce uncertainty and delays
with respect to environmental reviews and permitting;
and</DELETED>
<DELETED> ``(D) to reduce costs and risks to
taxpayers in project delivery.</DELETED>
<DELETED> ``(4) Executive director.--The Center shall be
headed by an Executive Director, who shall--</DELETED>
<DELETED> ``(A) report to the Under Secretary of
Transportation for Policy;</DELETED>
<DELETED> ``(B) be responsible for the management
and oversight of the daily activities, decisions,
operations, and personnel of the Center; and</DELETED>
<DELETED> ``(C) carry out such additional duties as
the Secretary may prescribe.</DELETED>
<DELETED> ``(5) Duties.--The Center shall carry out the
following duties:</DELETED>
<DELETED> ``(A) Coordinate and support
implementation of priority reform actions for Federal
agency permitting and reviews.</DELETED>
<DELETED> ``(B) Support modernization efforts at the
operating administrations within the Department and
interagency pilot programs relating to innovative
approaches to the permitting and review of
transportation infrastructure projects.</DELETED>
<DELETED> ``(C) Provide technical assistance and
training to Department staff on policy changes,
innovative approaches to project delivery, and other
topics, as appropriate.</DELETED>
<DELETED> ``(D) Identify, develop, and track metrics
for timeliness of permit reviews, permit decisions, and
project outcomes.</DELETED>
<DELETED> ``(E) Administer and expand the use of
online transparency tools providing for--</DELETED>
<DELETED> ``(i) tracking and reporting of
metrics;</DELETED>
<DELETED> ``(ii) development and posting of
schedules for permit reviews and permit
decisions;</DELETED>
<DELETED> ``(iii) the sharing of best
practices relating to efficient project
permitting and reviews; and</DELETED>
<DELETED> ``(iv) the visual display of
relevant geospatial data to support the
permitting process.</DELETED>
<DELETED> ``(F) Submit to the Secretary reports
describing progress made toward achieving--</DELETED>
<DELETED> ``(i) greater efficiency in
permitting decisions and review of
infrastructure projects; and</DELETED>
<DELETED> ``(ii) better outcomes for
communities and the environment.</DELETED>
<DELETED> ``(6) Innovative best practices.--</DELETED>
<DELETED> ``(A) In general.--The Center shall work
with the operating administrations within the
Department, eligible entities, and other public and
private interests to develop and promote best practices
for innovative project delivery.</DELETED>
<DELETED> ``(B) Activities.--The Center shall
support the Department and operating administrations in
conducting environmental reviews and permitting,
together with project sponsor technical assistance
activities, by--</DELETED>
<DELETED> ``(i) carrying out activities that
are appropriate and consistent with the goals
and policies of the Department to improve the
delivery timelines for projects;</DELETED>
<DELETED> ``(ii) serving as the Department
liaison to--</DELETED>
<DELETED> ``(I) the Council on
Environmental Quality; and</DELETED>
<DELETED> ``(II) the Federal
Permitting Improvement Steering Council
established by section 41002(a) of the
Fixing America's Surface Transportation
Act (42 U.S.C. 4370m-1(a));</DELETED>
<DELETED> ``(iii) supporting the National
Surface Transportation and Innovative Finance
Bureau (referred to in this paragraph as the
`Bureau') in implementing activities to improve
delivery timelines, as described in section
116(f), for projects carried out under the
programs described in section 116(d)(1) for
which the Bureau administers the application
process;</DELETED>
<DELETED> ``(iv) leading activities to
improve delivery timelines for projects carried
out under programs not administered by the
Bureau by--</DELETED>
<DELETED> ``(I) coordinating efforts
to improve the efficiency and
effectiveness of the environmental
review and permitting
process;</DELETED>
<DELETED> ``(II) providing technical
assistance and training to field and
headquarters staff of Federal agencies
with respect to policy changes and
innovative approaches to the delivery
of projects; and</DELETED>
<DELETED> ``(III) identifying,
developing, and tracking metrics for
permit reviews and decisions by Federal
agencies for projects under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et
seq.).</DELETED>
<DELETED> ``(C) NEPA compliance assistance.--
</DELETED>
<DELETED> ``(i) In general.--Subject to
clause (ii), at the request of an entity that
is carrying out a project, the Center, in
coordination with the appropriate operating
administrations within the Department, shall
provide technical assistance relating to
compliance with the applicable requirements of
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and applicable Federal
authorizations.</DELETED>
<DELETED> ``(ii) Assistance from the
bureau.--For projects carried out under the
programs described in section 116(d)(1) for
which the Bureau administers the application
process, the Bureau, on request of the entity
carrying out the project, shall provide the
technical assistance described in clause
(i).''.</DELETED>
<DELETED> (b) Conforming Amendment.--Section 116(f)(2) of title 49,
United States Code, is amended--</DELETED>
<DELETED> (1) by striking subparagraph (A); and</DELETED>
<DELETED> (2) by redesignating subparagraphs (B) through (D)
and subparagraphs (A) through (C), respectively.</DELETED>
<DELETED>SEC. 5010. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR
ECONOMIC SUCCESS INITIATIVE.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Build america bureau.--The term ``Build
America Bureau'' means the National Surface Transportation and
Innovative Finance Bureau established under section 116 of
title 49, United States Code.</DELETED>
<DELETED> (2) ROUTES council.--The term ``ROUTES Council''
means the Rural Opportunities to Use Transportation for
Economic Success Council established by subsection
(c)(1).</DELETED>
<DELETED> (3) ROUTES office.--The term ``ROUTES Office''
means the Rural Opportunities to Use Transportation for
Economic Success Office established by subsection
(b)(1).</DELETED>
<DELETED> (b) Routes Office.--</DELETED>
<DELETED> (1) In general.--The Secretary shall establish
within the Department the Rural Opportunities to Use
Transportation for Economic Success Office--</DELETED>
<DELETED> (A) to improve analysis of projects from
rural areas, federally recognized Indian Tribes, and
historically disadvantaged communities in rural or
Tribal areas applying for Department discretionary
grants, including ensuring that project costs, local
resources, and the larger benefits to the people and
the economy of the United States are appropriately
considered; and</DELETED>
<DELETED> (B) to provide rural communities,
federally recognized Indian Tribes, and historically
disadvantaged communities in rural or Tribal areas with
technical assistance for meeting the transportation
infrastructure investment needs of the United States in
a financially sustainable manner.</DELETED>
<DELETED> (2) Objectives.--The ROUTES Office shall--
</DELETED>
<DELETED> (A) collect input from knowledgeable
entities and the public on--</DELETED>
<DELETED> (i) the benefits of rural and
Tribal transportation projects;</DELETED>
<DELETED> (ii) the technical and financial
assistance required for constructing and
operating rural and Tribal transportation
infrastructure and services;</DELETED>
<DELETED> (iii) barriers and opportunities
to funding rural and Tribal transportation
projects;</DELETED>
<DELETED> (iv) unique transportation
barriers and challenges facing historically
disadvantaged communities in rural and Tribal
areas; and</DELETED>
<DELETED> (v) unique environmental
transportation issues for rural and Tribal
communities;</DELETED>
<DELETED> (B) evaluate data on rural and Tribal
transportation challenges and determining methods to
align the discretionary funding and financing
opportunities of the Department with the needs of those
communities for meeting national transportation goals;
and</DELETED>
<DELETED> (C) educate rural communities and Tribal
communities about applicable Department discretionary
grants, develop effective methods to evaluate projects
in those communities in discretionary grant programs,
and communicate those methods through program
guidance.</DELETED>
<DELETED> (c) Routes Council.--</DELETED>
<DELETED> (1) In general.--The Secretary shall establish a
Rural Opportunities to Use Transportation for Economic Success
Council--</DELETED>
<DELETED> (A) to organize, guide, and lead the
ROUTES Office; and</DELETED>
<DELETED> (B) to coordinate rural-related and
Tribal-related funding programs and assistance among
the modal administrations.</DELETED>
<DELETED> (2) Membership.--</DELETED>
<DELETED> (A) In general.--The ROUTES Council shall
be composed of the following officers of the
Department, or their designees:</DELETED>
<DELETED> (i) The Under Secretary of
Transportation for Policy.</DELETED>
<DELETED> (ii) The General
Counsel.</DELETED>
<DELETED> (iii) The Chief Financial Officer
and Assistant Secretary for Budget and
Programs.</DELETED>
<DELETED> (iv) The Assistant Secretary for
Research and Technology.</DELETED>
<DELETED> (v) The Assistant Secretary for
Multimodal Freight.</DELETED>
<DELETED> (vi) The Administrators of--
</DELETED>
<DELETED> (I) the Federal Aviation
Administration;</DELETED>
<DELETED> (II) the Federal Highway
Administration;</DELETED>
<DELETED> (III) the Federal Railroad
Administration; and</DELETED>
<DELETED> (IV) the Federal Transit
Administration.</DELETED>
<DELETED> (vii) The Executive Director of
the Build America Bureau.</DELETED>
<DELETED> (viii) The Assistant Secretary of
Government Affairs.</DELETED>
<DELETED> (B) Chair.--The Under Secretary of
Transportation for Policy shall be the Chair of the
ROUTES Council.</DELETED>
<DELETED> (C) Additional members.--The Secretary or
the Chair of the ROUTES Council may designate
additional members to serve on the ROUTES
Council.</DELETED>
<DELETED> (3) Additional modal input.--To address issues
related to safety and transport of rural and Tribal
commodities, the ROUTES Council shall consult with the
Administrators (or their designees) of--</DELETED>
<DELETED> (A) the Maritime Administration;</DELETED>
<DELETED> (B) the Great Lakes St. Lawrence Seaway
Development Corporation; and</DELETED>
<DELETED> (C) the National Highway Traffic Safety
Administration.</DELETED>
<DELETED> (4) Duties.--Members of the ROUTES Council shall--
</DELETED>
<DELETED> (A) participate in all meetings and
relevant ROUTES Council activities and be prepared to
share information relevant to rural and Tribal
transportation infrastructure projects and
issues;</DELETED>
<DELETED> (B) provide guidance and leadership on
rural and Tribal transportation infrastructure issues
and represent the work of the ROUTES Council and the
Department on those issues to external stakeholders;
and</DELETED>
<DELETED> (C) recommend initiatives to the Chair of
the ROUTES Council to consider, establish, and staff
any resulting activities or working groups.</DELETED>
<DELETED> (5) Meetings.--The ROUTES Council shall meet
bimonthly.</DELETED>
<DELETED> (6) Work products and deliverables.--The ROUTES
Council may develop work products or deliverables to meet the
goals of the ROUTES Council, including--</DELETED>
<DELETED> (A) an annual report to Congress
describing ROUTES Council activities for the past year
and expected activities for the coming year;</DELETED>
<DELETED> (B) any recommendations to enhance the
effectiveness of Department discretionary grant
programs regarding rural and Tribal infrastructure
issues; and</DELETED>
<DELETED> (C) other guides and reports for relevant
groups and the public.</DELETED>
<DELETED>SEC. 5011. ADVANCED TRANSPORTATION TECHNOLOGIES DEPLOYMENT
PROGRAM.</DELETED>
<DELETED> Section 503 of title 23, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (a)(2), by striking ``under
section 508'' and inserting ``under section 6503 of title 49'';
and</DELETED>
<DELETED> (2) in subsection (c)(4)--</DELETED>
<DELETED> (A) in subparagraph (A), by striking ``and
congestion management'';</DELETED>
<DELETED> (B) in subparagraph (B)--</DELETED>
<DELETED> (i) by redesignating clauses (i)
through (viii) as clauses (vii) through (xiv),
respectively;</DELETED>
<DELETED> (ii) by inserting before clause
(vii) (as so redesignated) the
following:</DELETED>
<DELETED> ``(i) improve the mobility of
people and goods;</DELETED>
<DELETED> ``(ii) reduce
congestion;</DELETED>
<DELETED> ``(iii) promote safety;</DELETED>
<DELETED> ``(iv) improve the durability and
extend the life of transportation
infrastructure;</DELETED>
<DELETED> ``(v) preserve the
environment;</DELETED>
<DELETED> ``(vi) preserve the existing
transportation system;''; and</DELETED>
<DELETED> (iii) in clause (xiv) (as so
redesignated), by inserting ``vehicle-to-
pedestrian,'' after ``vehicle-to-
infrastructure,'';</DELETED>
<DELETED> (C) in subparagraph (C)(ii)--</DELETED>
<DELETED> (i) in subclause (I), by striking
``and congestion management'';</DELETED>
<DELETED> (ii) by striking subclause
(II);</DELETED>
<DELETED> (iii) by redesignating subclauses
(III) through (V) as subclauses (II) through
(IV), respectively; and</DELETED>
<DELETED> (iv) in subclause (II) (as so
redesignated), by striking ``efficiency and
reduce traffic congestion'';</DELETED>
<DELETED> (D) in subparagraph (E)--</DELETED>
<DELETED> (i) in the matter preceding clause
(i), by striking ``and congestion
management'';</DELETED>
<DELETED> (ii) in clause (viii), by striking
``or'' at the end;</DELETED>
<DELETED> (iii) in clause (ix), by striking
the period at the end and inserting ``; or'';
and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(x) advanced transportation
technologies, in accordance with the research
areas described in section 6503 of title
49.'';</DELETED>
<DELETED> (E) in subparagraph (I)(i), by striking
``2016 through 2020'' and inserting ``2022 through
2026''; and</DELETED>
<DELETED> (F) in subparagraph (N)--</DELETED>
<DELETED> (i) in the matter preceding clause
(i), by striking ``, the following definitions
apply'';</DELETED>
<DELETED> (ii) by striking clause (ii) and
inserting the following:</DELETED>
<DELETED> ``(ii) Advanced transportation
technology.--The term `advanced transportation
technology' means any technology that improves
the efficiency, durability, sustainability,
safety, or state of good repair of a surface
transportation system.''; and</DELETED>
<DELETED> (iii) in clause (iii), in the
matter preceding subclause (I), by striking ``a
any'' and inserting ``any''.</DELETED>
<DELETED>SEC. 5012. SAFETY DATA INITIATIVE.</DELETED>
<DELETED> (a) Definition of Eligible Entity.--In this section, the
term ``eligible entity'' means--</DELETED>
<DELETED> (1) a State;</DELETED>
<DELETED> (2) a unit of local government;</DELETED>
<DELETED> (3) a transit agency or authority;</DELETED>
<DELETED> (4) a metropolitan planning
organization;</DELETED>
<DELETED> (5) any other subdivision of a State or local
government;</DELETED>
<DELETED> (6) an institution of higher education;
and</DELETED>
<DELETED> (7) a multi-State or multijurisdictional
group.</DELETED>
<DELETED> (b) Safety Data Initiative.--</DELETED>
<DELETED> (1) Establishment.--The Secretary shall establish
an initiative, to be known as the ``Safety Data Initiative'',
to promote the use of data integration, data visualization, and
advanced analytics for surface transportation safety through
the development of innovative practices and products for use by
Federal, State, and local entities.</DELETED>
<DELETED> (2) Activities.--</DELETED>
<DELETED> (A) Applied research.--</DELETED>
<DELETED> (i) In general.--The Secretary
shall support and carry out applied research to
develop practices and products that will
encourage the integration and use of
traditional and new sources of safety data and
safety information to improve policy and
decisionmaking at the Federal, State, and local
government levels.</DELETED>
<DELETED> (ii) Methodology.--In carrying out
clause (i), the Secretary may--</DELETED>
<DELETED> (I) carry out
demonstration programs;</DELETED>
<DELETED> (II) award grants and
provide incentives to eligible
entities;</DELETED>
<DELETED> (III) enter into
partnerships with--</DELETED>
<DELETED> (aa) eligible
entities;</DELETED>
<DELETED> (bb) private
sector entities; and</DELETED>
<DELETED> (cc) National
Laboratories; and</DELETED>
<DELETED> (IV) use any other tools,
strategies, or methods that will result
in the effective use of data and
information for safety
purposes.</DELETED>
<DELETED> (B) Tools and practices.--In carrying out
subparagraph (A), the Secretary, to the maximum extent
practicable, shall--</DELETED>
<DELETED> (i) develop safety analysis tools
for State and local governments, with a
particular focus on State and local governments
with limited capacity to perform safety
analysis;</DELETED>
<DELETED> (ii)(I) identify innovative State
and local government practices;</DELETED>
<DELETED> (II) incubate those practices for
further development; and</DELETED>
<DELETED> (III) replicate those practices
nationwide; and</DELETED>
<DELETED> (iii) transfer to State and local
governments the results of the applied research
carried out under that subparagraph.</DELETED>
<DELETED> (C) Data sharing.--</DELETED>
<DELETED> (i) In general.--To inform the
creation of information useful for safety
policy and decisionmaking, the Secretary
shall--</DELETED>
<DELETED> (I) encourage the sharing
of data between and among Federal,
State, and local transportation
agencies; and</DELETED>
<DELETED> (II) leverage data from
private sector entities.</DELETED>
<DELETED> (ii) Goals.--The goals of the
data-sharing activities under clause (i) shall
include--</DELETED>
<DELETED> (I) the creation of data
ecosystems to reduce barriers to the
efficient integration and analysis of
relevant datasets for use by safety
professionals; and</DELETED>
<DELETED> (II) the establishment of
procedures adequate to ensure
sufficient security, privacy, and
confidentiality as needed to promote
the sharing of sensitive or proprietary
data.</DELETED>
<DELETED> (iii) Management of data
ecosystems.--A data ecosystem described in
clause (ii)(I) may be managed by--</DELETED>
<DELETED> (I) the Director of the
Bureau of Transportation
Statistics;</DELETED>
<DELETED> (II) 1 or more trusted
third parties, as determined by the
Secretary; or</DELETED>
<DELETED> (III) 1 or more other
entities or partnerships capable of
securing, managing, and analyzing
sensitive or proprietary
data.</DELETED>
<DELETED> (3) Plan.--</DELETED>
<DELETED> (A) In general.--The Safety Data
Initiative shall be carried out pursuant to a plan to
be jointly established by--</DELETED>
<DELETED> (i) the Under Secretary of
Transportation for Policy;</DELETED>
<DELETED> (ii) the Chief Information Officer
of the Department;</DELETED>
<DELETED> (iii) the Administrator of the
National Highway Traffic Safety
Administration;</DELETED>
<DELETED> (iv) the Administrator of the
Federal Highway Administration;</DELETED>
<DELETED> (v) the Administrator of the
Federal Motor Carrier Safety
Administration;</DELETED>
<DELETED> (vi) the Administrator of the
Federal Transit Administration; and</DELETED>
<DELETED> (vii) the Administrator of the
Federal Railroad Administration.</DELETED>
<DELETED> (B) Requirement.--The plan established
under subparagraph (A) shall include details regarding
the means by which tools and innovations developed by
projects carried out under the Safety Data Initiative
will be transferred to the appropriate program of the
Department for further implementation.</DELETED>
<DELETED> (C) Deadline.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall
direct the officials described in clauses (i) through
(vii) of subparagraph (A) to establish, by a date
determined by the Secretary, the plan referred to in
that subparagraph.</DELETED>
<DELETED>SEC. 5013. ADVANCED TRANSPORTATION RESEARCH.</DELETED>
<DELETED> (a) In General.--Chapter 1 of title 49, United States Code
(as amended by section 1101(a)), is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 119. Advanced Research Projects Agency-
Infrastructure</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) ARPA-I.-- The term `ARPA-I' means the
Advanced Research Projects Agency-Infrastructure established by
subsection (b).</DELETED>
<DELETED> ``(2) Department.--The term `Department' means the
Department of Transportation.</DELETED>
<DELETED> ``(3) Director.--The term `Director' means the
Director of ARPA-I appointed under subsection (d).</DELETED>
<DELETED> ``(4) Eligible entity.--The term `eligible entity'
means--</DELETED>
<DELETED> ``(A) a unit of State or local
government;</DELETED>
<DELETED> ``(B) an institution of higher
education;</DELETED>
<DELETED> ``(C) a commercial entity;</DELETED>
<DELETED> ``(D) a research foundation;</DELETED>
<DELETED> ``(E) a trade or industry research
collaborative;</DELETED>
<DELETED> ``(F) a federally funded research and
development center;</DELETED>
<DELETED> ``(G) a research facility owned or funded
by the Department;</DELETED>
<DELETED> ``(H) a collaborative that includes
relevant international entities; and</DELETED>
<DELETED> ``(I) a consortia of 2 or more entities
described in any of subparagraphs (A) through
(H).</DELETED>
<DELETED> ``(5) Infrastructure.--</DELETED>
<DELETED> ``(A) In general.--The term
`infrastructure' means any transportation method or
facility that facilitates the transit of goods or
people within the United States (including
territories).</DELETED>
<DELETED> ``(B) Inclusions.--The term
`infrastructure' includes--</DELETED>
<DELETED> ``(i) roads;</DELETED>
<DELETED> ``(ii) highways;</DELETED>
<DELETED> ``(iii) bridges;</DELETED>
<DELETED> ``(iv) airports;</DELETED>
<DELETED> ``(v) rail lines;</DELETED>
<DELETED> ``(vi) harbors; and</DELETED>
<DELETED> ``(vii) pipelines.</DELETED>
<DELETED> ``(6) Secretary.--The term `Secretary' means the
Secretary of Transportation.</DELETED>
<DELETED> ``(b) Establishment.--There is established within the
Department an agency, to be known as the `Advanced Research Projects
Agency-Infrastructure', to support the development of science and
technology solutions--</DELETED>
<DELETED> ``(1) to overcome long-term challenges;
and</DELETED>
<DELETED> ``(2) to advance the state of the art for United
States transportation infrastructure.</DELETED>
<DELETED> ``(c) Goals.--</DELETED>
<DELETED> ``(1) In general.--The goals of ARPA-I shall be--
</DELETED>
<DELETED> ``(A) to advance the transportation
infrastructure of the United States by developing
innovative science and technology solutions that--
</DELETED>
<DELETED> ``(i) lower the long-term costs of
infrastructure development, including costs of
planning, construction, and
maintenance;</DELETED>
<DELETED> ``(ii) reduce the lifecycle
impacts of transportation infrastructure on the
environment, including through the reduction of
greenhouse gas emissions;</DELETED>
<DELETED> ``(iii) contribute significantly
to improving the safe, secure, and efficient
movement of goods and people; and</DELETED>
<DELETED> ``(iv) promote the resilience of
infrastructure from physical and cyber threats;
and</DELETED>
<DELETED> ``(B) to ensure that the United States is
a global leader in developing and deploying advanced
transportation infrastructure technologies and
materials.</DELETED>
<DELETED> ``(2) Research projects.--ARPA-I shall achieve the
goals described in paragraph (1) providing assistance under
this section for infrastructure research projects that--
</DELETED>
<DELETED> ``(A) advance novel, early-stage research
with practicable application to transportation
infrastructure;</DELETED>
<DELETED> ``(B) translate techniques, processes, and
technologies, from the conceptual phase to prototype,
testing, or demonstration;</DELETED>
<DELETED> ``(C) develop advanced manufacturing
processes and technologies for the domestic
manufacturing of novel transportation-related
technologies; and</DELETED>
<DELETED> ``(D) accelerate transformational
technological advances in areas in which industry
entities are unlikely to carry out projects due to
technical and financial uncertainty.</DELETED>
<DELETED> ``(d) Director.--</DELETED>
<DELETED> ``(1) Appointment.--ARPA-I shall be headed by a
Director, who shall be appointed by the President, by and with
the advice and consent of the Senate.</DELETED>
<DELETED> ``(2) Qualifications.--The Director shall be an
individual who, by reason of professional background and
experience, is especially qualified to advise the Secretary
regarding, and manage research programs addressing, matters
relating to the development of science and technology solutions
to advance United States transportation
infrastructure.</DELETED>
<DELETED> ``(3) Relationship to secretary.--The Director
shall--</DELETED>
<DELETED> ``(A) be located within the Office of the
Assistant Secretary for Research and Technology;
and</DELETED>
<DELETED> ``(B) report to the Secretary.</DELETED>
<DELETED> ``(4) Relationship to other programs.--No other
program within the Department shall report to the
Director.</DELETED>
<DELETED> ``(5) Responsibilities.--The responsibilities of
the Director shall include--</DELETED>
<DELETED> ``(A) approving new programs within ARPA-
I;</DELETED>
<DELETED> ``(B) developing funding criteria, and
assessing the success of programs, to achieve the goals
described in subsection (c)(1) through the
establishment of technical milestones;</DELETED>
<DELETED> ``(C) administering available funding by
providing to eligible entities assistance to achieve
the goals described in subsection (c)(1);</DELETED>
<DELETED> ``(D) terminating programs carried out
under this section that are not achieving the goals of
the programs; and</DELETED>
<DELETED> ``(E) establishing a process through which
eligible entities can submit to ARPA-I unsolicited
research proposals for assistance under this section in
accordance with subsection (f).</DELETED>
<DELETED> ``(e) Personnel.--</DELETED>
<DELETED> ``(1) In general.--The Director shall establish
and maintain within ARPA-I a staff with sufficient
qualifications and expertise to enable ARPA-I to carry out the
responsibilities under this section, in conjunction with other
operations of the Department.</DELETED>
<DELETED> ``(2) Program directors.--</DELETED>
<DELETED> ``(A) In general.--The Director shall
designate employees to serve as program directors for
ARPA-I.</DELETED>
<DELETED> ``(B) Responsibilities.--Each program
director shall be responsible for--</DELETED>
<DELETED> ``(i) establishing research and
development goals for the applicable program,
including by convening workshops and conferring
with outside experts;</DELETED>
<DELETED> ``(ii) publicizing the goals of
the applicable program;</DELETED>
<DELETED> ``(iii) soliciting applications
for specific areas of particular promise,
especially in areas that the private sector or
the Federal Government are not likely to carry
out absent assistance from ARPA-I;</DELETED>
<DELETED> ``(iv) establishing research
collaborations for carrying out the applicable
program;</DELETED>
<DELETED> ``(v) selecting on the basis of
merit each project to be supported under the
applicable program, taking into consideration--
</DELETED>
<DELETED> ``(I) the novelty and
scientific and technical merit of
proposed projects;</DELETED>
<DELETED> ``(II) the demonstrated
capabilities of eligible entities to
successfully carry out proposed
projects;</DELETED>
<DELETED> ``(III) the extent to
which an eligible entity took into
consideration future commercial
applications of a proposed project,
including the feasibility of partnering
with 1 or more commercial entities;
and</DELETED>
<DELETED> ``(IV) such other criteria
as the Director may
establish;</DELETED>
<DELETED> ``(vi) identifying innovative
cost-sharing arrangements for projects carried
out or funded by ARPA-I;</DELETED>
<DELETED> ``(vii) monitoring the progress of
projects supported under the applicable
program;</DELETED>
<DELETED> ``(viii) identifying mechanisms
for commercial application of successful
technology development projects, including
through establishment of partnerships between
eligible entities and commercial entities;
and</DELETED>
<DELETED> ``(ix) as applicable,
recommending--</DELETED>
<DELETED> ``(I) program
restructuring; or</DELETED>
<DELETED> ``(II) termination of
applicable research partnerships or
projects.</DELETED>
<DELETED> ``(C) Term of service.--A program
director--</DELETED>
<DELETED> ``(i) shall serve for a term of 3
years; and</DELETED>
<DELETED> ``(ii) may be reappointed for any
subsequent term of service.</DELETED>
<DELETED> ``(3) Hiring and management.--</DELETED>
<DELETED> ``(A) In general.--The Director may--
</DELETED>
<DELETED> ``(i) make appointments of
scientific, engineering, and professional
personnel, without regard to the civil service
laws;</DELETED>
<DELETED> ``(ii) fix the basic pay of such
personnel at such rate as the Director may
determine, but not to exceed level II of the
Executive Schedule, without regard to the civil
service laws; and</DELETED>
<DELETED> ``(iii) pay an employee appointed
under this subparagraph payments in addition to
basic pay, subject to the condition that the
total amount of those additional payments for
any 12-month period shall not exceed the least
of--</DELETED>
<DELETED> ``(I) $25,000;</DELETED>
<DELETED> ``(II) an amount equal to
25 percent of the annual rate of basic
pay of the employee; and</DELETED>
<DELETED> ``(III) the amount of the
applicable limitation for a calendar
year under section 5307(a)(1) of title
5.</DELETED>
<DELETED> ``(B) Private recruiting firms.--The
Director may enter into a contract with a private
recruiting firm for the hiring of qualified technical
staff to carry out this section.</DELETED>
<DELETED> ``(C) Additional staff.--The Director may
use all authorities available to the Secretary to hire
administrative, financial, and clerical staff, as the
Director determines to be necessary to carry out this
section.</DELETED>
<DELETED> ``(f) Research Proposals.--</DELETED>
<DELETED> ``(1) In general.--To be eligible to receive
assistance from ARPA-I, an eligible entity may submit to the
Director an unsolicited research proposal at such time, in such
manner, and containing such information as the Director may
require, including a description of--</DELETED>
<DELETED> ``(A) the extent of current and prior
efforts with respect to the project proposed to be
carried out using the assistance, if applicable;
and</DELETED>
<DELETED> ``(B) any current or prior investments in
the technology area for which funding is requested,
including as described in subsection
(c)(2)(D).</DELETED>
<DELETED> ``(2) Review.--The Director--</DELETED>
<DELETED> ``(A) shall review each unsolicited
research proposal submitted under paragraph (1), taking
into consideration--</DELETED>
<DELETED> ``(i) the novelty and scientific
and technical merit of the research
proposal;</DELETED>
<DELETED> ``(ii) the demonstrated
capabilities of the applicant to successfully
carry out the research proposal;</DELETED>
<DELETED> ``(iii) the extent to which the
applicant took into consideration future
commercial applications of the proposed
research project, including the feasibility of
partnering with 1 or more commercial entities;
and</DELETED>
<DELETED> ``(iv) such other criteria as the
Director may establish;</DELETED>
<DELETED> ``(B) may approve a research proposal if
the Director determines that the research is in
accordance with--</DELETED>
<DELETED> ``(i) the goals described in
subsection (c)(1); or</DELETED>
<DELETED> ``(ii) an applicable
transportation research and development
strategic plan developed under section 6503;
and</DELETED>
<DELETED> ``(C)(i) if funding is denied for the
research proposal, shall provide to the eligible entity
that submitted the proposal a written notice of the
denial that, as applicable--</DELETED>
<DELETED> ``(I) explains why the research
proposal was not selected, including whether
the research proposal fails to cover an area of
need; and</DELETED>
<DELETED> ``(II) recommends that the
research proposal be submitted to another
research program; or</DELETED>
<DELETED> ``(ii) if the research proposal is
approved for funding, shall provide to the eligible
entity that submitted the proposal--</DELETED>
<DELETED> ``(I) a written notice of the
approval; and</DELETED>
<DELETED> ``(II) assistance in accordance
with subsection (g) for the proposed
research.</DELETED>
<DELETED> ``(g) Forms of Assistance.--On approval of a research
proposal of an eligible entity under subsection (f)(2)(B), the Director
may provide to the eligible entity assistance in the form of--
</DELETED>
<DELETED> ``(1) a grant;</DELETED>
<DELETED> ``(2) a contract;</DELETED>
<DELETED> ``(3) a cooperative agreement;</DELETED>
<DELETED> ``(4) a cash prize; or</DELETED>
<DELETED> ``(5) another, similar form of funding.</DELETED>
<DELETED> ``(h) Reports and Roadmaps.--</DELETED>
<DELETED> ``(1) Annual reports.--For each fiscal year, the
Director shall provide to the Secretary, for inclusion in the
budget request submitted by the Secretary to the President
under section 1108 of title 31 for the fiscal year, a report
that, with respect to the preceding fiscal year, describes--
</DELETED>
<DELETED> ``(A) the projects that received
assistance from ARPA-I, including--</DELETED>
<DELETED> ``(i) each such project that was
funded as a result of an unsolicited research
proposal; and</DELETED>
<DELETED> ``(ii) each such project that
examines topics or technologies closely related
to other activities funded by the Department,
including an analysis of whether the Director
achieved compliance with subsection (i)(1) in
supporting the project; and</DELETED>
<DELETED> ``(B) the instances of, and reasons for,
the provision of assistance under this section for any
projects being carried out by industry
entities.</DELETED>
<DELETED> ``(2) Strategic vision roadmap.--Not later than
October 1, 2022, and not less frequently than once every 4
years thereafter, the Director shall submit to the relevant
authorizing and appropriations committees of Congress a roadmap
describing the strategic vision that ARPA-I will use to guide
the selection of future projects for technology investment
during the 4-fiscal-year period beginning on the date of
submission of the report.</DELETED>
<DELETED> ``(i) Coordination and Nonduplication.--To the maximum
extent practicable, the Director shall ensure that--</DELETED>
<DELETED> ``(1) the activities of ARPA-I are coordinated
with, and do not duplicate the efforts of, programs and
laboratories within--</DELETED>
<DELETED> ``(A) the Department; and</DELETED>
<DELETED> ``(B) other relevant research agencies;
and</DELETED>
<DELETED> ``(2) no funding is provided by ARPA-I for a
project, unless the eligible entity proposing the project--
</DELETED>
<DELETED> ``(A) demonstrates sufficient attempts to
secure private financing; or</DELETED>
<DELETED> ``(B) indicates that the project is not
independently commercially viable.</DELETED>
<DELETED> ``(j) Federal Demonstration of Technologies.--The Director
shall seek opportunities to partner with purchasing and procurement
programs of Federal agencies to demonstrate technologies resulting from
activities funded through ARPA-I.</DELETED>
<DELETED> ``(k) Partnerships.--The Director shall seek opportunities
to enter into contracts or partnerships with minority-serving
institutions (as described in any of paragraphs (1) through (7) of
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)))--</DELETED>
<DELETED> ``(1) to accomplish the goals of ARPA-I;</DELETED>
<DELETED> ``(2) to develop institutional capacity in
advanced transportation infrastructure technologies and
materials;</DELETED>
<DELETED> ``(3) to engage underserved populations in
developing, demonstrating, and deploying those technologies and
materials; and</DELETED>
<DELETED> ``(4) to otherwise address the needs of ARPA-
I.</DELETED>
<DELETED> ``(l) University Transportation Centers.--The Director
may--</DELETED>
<DELETED> ``(1) partner with university transportation
centers under section 5505 to accomplish the goals, and address
the needs, of ARPA-I; and</DELETED>
<DELETED> ``(2) sponsor and select for funding, in
accordance with section 5505, competitively selected university
transportation center grants, in addition to the assistance
provided under section 5505, to address targeted technology and
material goals of ARPA-I.</DELETED>
<DELETED> ``(m) Advice.--</DELETED>
<DELETED> ``(1) Advisory committees.--The Director may seek
advice regarding any aspect of ARPA-I from--</DELETED>
<DELETED> ``(A) an existing advisory committee,
office, or other group within the Department;
and</DELETED>
<DELETED> ``(B) a new advisory committee organized
to support the programs of ARPA-I by providing advice
and assistance regarding--</DELETED>
<DELETED> ``(i) specific program tasks;
or</DELETED>
<DELETED> ``(ii) the overall direction of
ARPA-I.</DELETED>
<DELETED> ``(2) Additional sources.--In carrying out this
section, the Director may seek advice and review from--
</DELETED>
<DELETED> ``(A) the President's Council of Advisors
on Science and Technology;</DELETED>
<DELETED> ``(B) the Advanced Research Projects
Agency-Energy; and</DELETED>
<DELETED> ``(C) any professional or scientific
organization with expertise relating to specific
processes or technologies under development by ARPA-
I.</DELETED>
<DELETED> ``(n) Evaluation.--</DELETED>
<DELETED> ``(1) In general.--Not later than December 27,
2024, the Secretary may enter into an arrangement with the
National Academy of Sciences under which the National Academy
shall conduct an evaluation of the achievement by ARPA-I of the
goals described in subsection (c)(1).</DELETED>
<DELETED> ``(2) Inclusions.--The evaluation under paragraph
(1) may include--</DELETED>
<DELETED> ``(A) a recommendation regarding whether
ARPA-I should be continued;</DELETED>
<DELETED> ``(B) a recommendation regarding whether
ARPA-I, or the Department generally, should continue to
allow entities to submit unsolicited research
proposals; and</DELETED>
<DELETED> ``(C) a description of--</DELETED>
<DELETED> ``(i) the lessons learned from the
operation of ARPA-I; and</DELETED>
<DELETED> ``(ii) the manner in which those
lessons may apply to the operation of other
programs of the Department.</DELETED>
<DELETED> ``(3) Availability.--On completion of the
evaluation under paragraph (1), the evaluation shall be made
available to--</DELETED>
<DELETED> ``(A) Congress; and</DELETED>
<DELETED> ``(B) the public.</DELETED>
<DELETED> ``(o) Protection of Information.--</DELETED>
<DELETED> ``(1) In general.--Each type of information
described in paragraph (2) that is collected by ARPA-I from
eligible entities shall be considered to be--</DELETED>
<DELETED> ``(A) commercial and financial information
obtained from a person;</DELETED>
<DELETED> ``(B) privileged or confidential;
and</DELETED>
<DELETED> ``(C) not subject to disclosure under
section 552(b)(4) of title 5.</DELETED>
<DELETED> ``(2) Description of types of information.--The
types of information referred to in paragraph (1) are--
</DELETED>
<DELETED> ``(A) information relating to plans for
commercialization of technologies developed using
assistance provided under this section, including
business plans, technology-to-market plans, market
studies, and cost and performance models;</DELETED>
<DELETED> ``(B) information relating to investments
provided to an eligible entity from a third party (such
as a venture capital firm, a hedge fund, and a private
equity firm), including any percentage of ownership of
an eligible entity provided in return for such an
investment;</DELETED>
<DELETED> ``(C) information relating to additional
financial support that the eligible entity--</DELETED>
<DELETED> ``(i) plans to invest, or has
invested, in the technology developed using
assistance provided under this section;
or</DELETED>
<DELETED> ``(ii) is seeking from a third
party; and</DELETED>
<DELETED> ``(D) information relating to revenue from
the licensing or sale of a new product or service
resulting from research conducted using assistance
provided under this section.</DELETED>
<DELETED> ``(p) Effect on Existing Authorities.--The authority
provided by this section--</DELETED>
<DELETED> ``(1) shall be in addition to any existing
authority provided to the Secretary; and</DELETED>
<DELETED> ``(2) shall not supersede or modify any other
existing authority.</DELETED>
<DELETED> ``(q) Funding.--</DELETED>
<DELETED> ``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as are
necessary to carry out this section.</DELETED>
<DELETED> ``(2) Separate budget and appropriation.--
</DELETED>
<DELETED> ``(A) Budget request.--The budget request
for ARPA-I shall be separate from the budget request of
the remainder of the Department.</DELETED>
<DELETED> ``(B) Appropriations.--The funding
appropriated for ARPA-I shall be separate and distinct
from the funding appropriated for the remainder of the
Department.</DELETED>
<DELETED> ``(3) Allocation.--Of the amounts made available
for a fiscal year under paragraph (1)--</DELETED>
<DELETED> ``(A) not less than 5 percent shall be
used for technology transfer and outreach activities--
</DELETED>
<DELETED> ``(i) in accordance with the goal
described in subsection (c)(2)(D);
and</DELETED>
<DELETED> ``(ii) within the responsibilities
of the program directors described in
subsection (e)(2)(B)(viii); and</DELETED>
<DELETED> ``(B) none may be used for the
construction of any new building or facility during the
5-year period beginning on the date of enactment of the
Surface Transportation Investment Act of
2021.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 1 of
title 49, United States Code (as amended by section 1101(b)), is
amended by adding at the end the following:</DELETED>
<DELETED>``119. Advanced Research Projects Agency-Infrastructure.''.
<DELETED>SEC. 5014. OPEN RESEARCH INITIATIVE.</DELETED>
<DELETED> (a) In General.--Subchapter I of chapter 55 of title 49,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 5506. Advanced transportation research
initiative</DELETED>
<DELETED> ``(a) Definition of Eligible Entity.--In this section, the
term `eligible entity' means--</DELETED>
<DELETED> ``(1) a State agency;</DELETED>
<DELETED> ``(2) a local government agency;</DELETED>
<DELETED> ``(3) an institution of higher education (as
defined in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)), including a university transportation center
established under section 5505;</DELETED>
<DELETED> ``(4) a nonprofit organization, including a
nonprofit research organization; and</DELETED>
<DELETED> ``(5) a private sector organization working in
collaboration with an entity described in any of paragraphs (1)
through (4).</DELETED>
<DELETED> ``(b) Pilot Program.--The Secretary of Transportation
(referred to in this section as the `Secretary') shall establish an
advanced transportation research pilot program under which the
Secretary--</DELETED>
<DELETED> ``(1) shall establish a process for eligible
entities to submit to the Secretary unsolicited research
proposals; and</DELETED>
<DELETED> ``(2) may enter into arrangements with 1 or more
eligible entities to fund research proposed under paragraph
(1), in accordance with this section.</DELETED>
<DELETED> ``(c) Eligible Research.--The Secretary may enter into an
arrangement with an eligible entity under this section to fund research
that addresses--</DELETED>
<DELETED> ``(1) a research need identified by--</DELETED>
<DELETED> ``(A) the Secretary; or</DELETED>
<DELETED> ``(B) the Administrator of a modal
administration of the Department of Transportation;
or</DELETED>
<DELETED> ``(2) an issue that the Secretary determines to be
important.</DELETED>
<DELETED> ``(d) Project Review.--The Secretary shall--</DELETED>
<DELETED> ``(1) review each research proposal submitted
under the pilot program established under subsection (b);
and</DELETED>
<DELETED> ``(2)(A) if funding is denied for the research
proposal--</DELETED>
<DELETED> ``(i) provide to the eligible entity that
submitted the proposal a written notice of the denial
that, as applicable--</DELETED>
<DELETED> ``(I) explains why the research
proposal was not selected, including whether
the research proposal fails to cover an area of
need; and</DELETED>
<DELETED> ``(II) recommends that the
research proposal be submitted to another
research program; and</DELETED>
<DELETED> ``(ii) if the Secretary recommends that
the research proposal be submitted to another research
program under clause (i)(II), provide guidance and
direction to--</DELETED>
<DELETED> ``(I) the eligible entity;
and</DELETED>
<DELETED> ``(II) the proposed research
program office; or</DELETED>
<DELETED> ``(B) if the research proposal is selected for
funding--</DELETED>
<DELETED> ``(i) provide to the eligible entity that
submitted the proposal a written notice of the
selection; and</DELETED>
<DELETED> ``(ii) seek to enter into an arrangement
with the eligible entity to provide funding for the
proposed research.</DELETED>
<DELETED> ``(e) Coordination.--</DELETED>
<DELETED> ``(1) In general.--To the maximum extent
practicable, the Secretary shall ensure that the activities
carried out under subsection (c) are coordinated with, and do
not duplicate the efforts of, programs of the Department of
Transportation and other Federal agencies.</DELETED>
<DELETED> ``(2) Intraagency coordination.--The Secretary
shall coordinate the research carried out under this section
with--</DELETED>
<DELETED> ``(A) the research, education, and
technology transfer activities carried out by grant
recipients under section 5505; and</DELETED>
<DELETED> ``(B) the research, development,
demonstration, and commercial application activities of
other relevant programs of the Department of
Transportation, including all modal administrations of
the Department.</DELETED>
<DELETED> ``(3) Interagency collaboration.--The Secretary
shall coordinate, as appropriate, regarding fundamental
research with the potential for application in the
transportation sector with--</DELETED>
<DELETED> ``(A) the Director of the Office of
Science and Technology Policy;</DELETED>
<DELETED> ``(B) the Director of the National Science
Foundation;</DELETED>
<DELETED> ``(C) the Secretary of Energy;</DELETED>
<DELETED> ``(D) the Director of the National
Institute of Standards and Technology;</DELETED>
<DELETED> ``(E) the Secretary of Homeland
Security;</DELETED>
<DELETED> ``(F) the Administrator of the National
Oceanic and Atmospheric Administration;</DELETED>
<DELETED> ``(G) the Secretary of Defense;
and</DELETED>
<DELETED> ``(H) the heads of other appropriate
Federal agencies, as determined by the
Secretary.</DELETED>
<DELETED> ``(f) Review, Evaluation, and Report.--Not less frequently
than biennially, in accordance with the plan developed under section
6503, the Secretary shall--</DELETED>
<DELETED> ``(1) review and evaluate the pilot program
established under subsection (b), including the research
carried out under that pilot program; and</DELETED>
<DELETED> ``(2) make public on a website of the Department
of Transportation a report describing the review and evaluation
under paragraph (1).</DELETED>
<DELETED> ``(g) Federal Share.--</DELETED>
<DELETED> ``(1) In general.--The Federal share of the cost
of an activity carried out under this section shall not exceed
80 percent.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(h) Limitation on Certain Expenses.--Of any amounts made
available to carry out this section for a fiscal year, the Secretary
may use not more than 1.5 percent for coordination, evaluation, and
oversight activities under this section.</DELETED>
<DELETED> ``(i) Authorization of Appropriations.--Of the funds made
available to carry out the university transportation centers program
under section 5505, $50,000,000 shall be available to carry out this
section for each of fiscal years 2022 through 2026.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for subchapter I of
chapter 55 of title 49, United States Code, is amended by adding at the
end the following:</DELETED>
<DELETED>``5506. Advanced transportation research initiative.''.
<DELETED>SEC. 5015. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR
STRATEGIC PLAN.</DELETED>
<DELETED> Section 6503 of title 49, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (a), by striking ``The
Secretary'' and inserting ``Not later than 180 days after the
date of publication of the Department of Transportation
Strategic Plan and not less frequently than once every 5 years
thereafter, the Secretary'';</DELETED>
<DELETED> (2) in subsection (b), in the matter preceding
paragraph (1), by striking ``The strategic'' and inserting
``Each strategic'';</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``The strategic'' and inserting ``Each
strategic''; and</DELETED>
<DELETED> (B) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (E), by
striking ``and'' at the end;</DELETED>
<DELETED> (ii) in subparagraph (F), by
adding ``and'' after the semicolon at the end;
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(G) reducing transportation
cybersecurity risks;'';</DELETED>
<DELETED> (4) in subsection (d)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``the strategic'' and inserting ``each
strategic''; and</DELETED>
<DELETED> (B) in paragraph (4), by striking ``2016''
and inserting ``2021, and not less frequently than once
every 5 years thereafter''; and</DELETED>
<DELETED> (5) by striking subsection (e).</DELETED>
<DELETED>SEC. 5016. RESEARCH PLANNING MODIFICATIONS.</DELETED>
<DELETED> (a) Annual Modal Research Plans.--Section 6501 of title
49, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking paragraph (1) and
inserting the following:</DELETED>
<DELETED> ``(1) In general.--Not later than June 1 of each
year, the head of each modal administration and joint program
office of the Department of Transportation shall prepare and
submit to the Assistant Secretary for Research and Technology
of the Department of Transportation (referred to in this
chapter as the `Assistant Secretary')--</DELETED>
<DELETED> ``(A) a comprehensive annual modal
research plan for the following fiscal year;
and</DELETED>
<DELETED> ``(B) a detailed outlook for the fiscal
year thereafter.'';</DELETED>
<DELETED> (B) in paragraph (2), by inserting
``prepared or'' before ``submitted'';</DELETED>
<DELETED> (C) by redesignating paragraph (2) as
paragraph (3); and</DELETED>
<DELETED> (D) by inserting after paragraph (1) the
following:</DELETED>
<DELETED> ``(2) Requirements.--Each plan under paragraph (1)
shall include--</DELETED>
<DELETED> ``(A) a general description of the
strategic goals of the Department that are addressed by
the research programs being carried out by the
Assistant Secretary or modal administration, as
applicable;</DELETED>
<DELETED> ``(B) a description of each proposed
research program, as described in the budget request
submitted by the Secretary of Transportation to the
President under section 1108 of title 31 for the
following fiscal year, including--</DELETED>
<DELETED> ``(i) the major objectives of the
program; and</DELETED>
<DELETED> ``(ii) the requested amount of
funding for each program and area;</DELETED>
<DELETED> ``(C) a list of activities the Assistant
Secretary or modal administration plans to carry out
under the research programs described in subparagraph
(B);</DELETED>
<DELETED> ``(D) an assessment of the potential
impact of the research programs described in
subparagraph (B), including--</DELETED>
<DELETED> ``(i) potential outputs, outcomes,
and impacts on technologies and practices used
by entities subject to the jurisdiction of the
modal administration;</DELETED>
<DELETED> ``(ii) potential effects on
applicable regulations of the modal
administration, including the modification or
modernization of those regulations;</DELETED>
<DELETED> ``(iii) potential economic or
societal impacts; and</DELETED>
<DELETED> ``(iv) progress made toward
achieving strategic goals of--</DELETED>
<DELETED> ``(I) the applicable modal
administration; or</DELETED>
<DELETED> ``(II) the Department of
Transportation;</DELETED>
<DELETED> ``(E) a description of potential
partnerships to be established to conduct the research
program, including partnerships with--</DELETED>
<DELETED> ``(i) institutions of higher
education; and</DELETED>
<DELETED> ``(ii) private sector entities;
and</DELETED>
<DELETED> ``(F) such other requirements as the
Assistant Secretary considers to be
necessary.'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by inserting ``by the head of
a modal administration or joint program
office'' after ``submitted''; and</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking clause (ii) and inserting the
following:</DELETED>
<DELETED> ``(ii) request that the plan and
outlook be--</DELETED>
<DELETED> ``(I) revised in
accordance with such suggestions as the
Assistant Secretary shall include to
ensure conformity with the criteria
described in paragraph (2);
and</DELETED>
<DELETED> ``(II) resubmitted to the
Assistant Secretary for
approval.'';</DELETED>
<DELETED> (B) by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively;</DELETED>
<DELETED> (C) by inserting after paragraph (1) the
following:</DELETED>
<DELETED> ``(2) Criteria.--In conducting a review under
paragraph (1)(A), the Assistant Secretary shall, with respect
to the modal research plan that is the subject of the review--
</DELETED>
<DELETED> ``(A) take into consideration whether--
</DELETED>
<DELETED> ``(i) the plan contains research
objectives that are consistent with the
strategic research and policy objectives of the
Department of Transportation included in the
strategic plan required under section 6503;
and</DELETED>
<DELETED> ``(ii) the research programs
described in the plan have the potential to
benefit the safety, mobility, and efficiency of
the United States transportation
system;</DELETED>
<DELETED> ``(B) identify and evaluate any potential
opportunities for collaboration between or among modal
administrations with respect to particular research
programs described in the plan;</DELETED>
<DELETED> ``(C) identify and evaluate whether other
modal administrations may be better suited to carry out
the research programs described in the plan;</DELETED>
<DELETED> ``(D) assess whether any projects
described in the plan are--</DELETED>
<DELETED> ``(i) duplicative across modal
administrations; or</DELETED>
<DELETED> ``(ii) unnecessary; and</DELETED>
<DELETED> ``(E) take into consideration such other
criteria as the Assistant Secretary determines to be
necessary.''; and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(5) Savings clause.--Nothing in this subsection
limits the ability of the head of a modal administration to
comply with applicable law.''; and</DELETED>
<DELETED> (3) in subsection (c), in the matter preceding
paragraph (1), by striking ``subsection (b)(3)'' and inserting
``subsection (b)(4).</DELETED>
<DELETED> (b) Consolidated Research Database.--Section 6502(a) of
title 49, United States Code, is amended by striking the subsection
designation and heading and all that follows through subparagraph (B)
of paragraph (2) and inserting the following:</DELETED>
<DELETED> ``(a) Research Abstract Database.--</DELETED>
<DELETED> ``(1) Submission.--Not later than September 1 of
each year, the head of each modal administration and joint
program office of the Department of Transportation shall submit
to the Assistant Secretary, for review and public posting, a
description of each proposed research project to be carried out
during the following fiscal year, including--</DELETED>
<DELETED> ``(A) proposed funding for any new
projects; and</DELETED>
<DELETED> ``(B) proposed additional funding for any
existing projects.</DELETED>
<DELETED> ``(2) Publication.--Not less frequently than
annually, after receiving the descriptions under paragraph (1),
the Assistant Secretary shall publish on a public website a
comprehensive database including a description of all research
projects conducted by the Department of Transportation,
including research funded through university transportation
centers under section 5505.</DELETED>
<DELETED> ``(3) Contents.--The database published under
paragraph (2) shall--</DELETED>
<DELETED> ``(A) be delimited by research project;
and</DELETED>
<DELETED> ``(B) include a description of, with
respect to each research project--</DELETED>
<DELETED> ``(i) research
objectives;</DELETED>
<DELETED> ``(ii) the progress made with
respect to the project, including whether the
project is ongoing or complete;</DELETED>
<DELETED> ``(iii) any outcomes of the
project, including potential implications for
policy, regulations, or guidance issued by a
modal administration or the Department of
Transportation;</DELETED>
<DELETED> ``(iv) any findings of the
project;</DELETED>
<DELETED> ``(v) the amount of funds
allocated for the project; and</DELETED>
<DELETED> ``(vi) such other information as
the Assistant Secretary determines to be
necessary to address Departmental priorities
and statutory mandates;''.</DELETED>
<DELETED>SEC. 5017. INCORPORATION OF DEPARTMENT OF TRANSPORTATION
RESEARCH.</DELETED>
<DELETED> (a) In General.--Chapter 65 of title 49, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 6504. Incorporation of Department of Transportation
research</DELETED>
<DELETED> ``(a) Review.--Not later than December 31, 2021, and not
less frequently than once every 5 years thereafter, in concurrence with
the applicable strategic plan under section 6503, the Secretary of
Transportation shall--</DELETED>
<DELETED> ``(1) conduct a review of research conducted by
the Department of Transportation; and</DELETED>
<DELETED> ``(2) to the maximum extent practicable and
appropriate, identify modifications to laws, regulations,
guidance, and other policy documents to incorporate any
innovations resulting from the research described in paragraph
(1) that have the potential to improve the safety or efficiency
of the United States transportation system.</DELETED>
<DELETED> ``(b) Requirements.--In conducting a review under
subsection (a), the Secretary of Transportation shall--</DELETED>
<DELETED> ``(1) identify any innovative practices,
materials, or technologies that have demonstrable benefits to
the transportation system;</DELETED>
<DELETED> ``(2) determine whether the practices, materials,
or technologies described in paragraph (1) require any
statutory or regulatory modifications for adoption;
and</DELETED>
<DELETED> ``(3)(A) if modifications are determined to be
required under paragraph (2), develop--</DELETED>
<DELETED> ``(i) a proposal for those modifications;
and</DELETED>
<DELETED> ``(ii) a description of the manner in
which any such regulatory modifications would be--
</DELETED>
<DELETED> ``(I) incorporated into the
Unified Regulatory Agenda; or</DELETED>
<DELETED> ``(II) adopted into existing
regulations as soon as practicable;
or</DELETED>
<DELETED> ``(B) if modifications are determined not to be
required under paragraph (2), develop a description of the
means by which the practices, materials, or technologies
described in paragraph (1) will otherwise be incorporated into
Department of Transportation or modal administration policy or
guidance, including as part of the Technology Transfer Program
of the Office of the Assistant Secretary for Research and
Technology.</DELETED>
<DELETED> ``(c) Report.--On completion of each review under
subsection (a), the Secretary of Transportation shall submit to the
appropriate committees of Congress a report describing, with respect to
the period covered by the report--</DELETED>
<DELETED> ``(1) each new practice, material, or technology
identified under subsection (b)(1); and</DELETED>
<DELETED> ``(2) any statutory or regulatory modification for
the adoption of such a practice, material, or technology that--
</DELETED>
<DELETED> ``(A) is determined to be required under
subsection (b)(2); or</DELETED>
<DELETED> ``(B) was otherwise made during that
period.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 65 of
title 49, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``6504. Incorporation of Department of Transportation
research.''.
<DELETED>SEC. 5018. UNIVERSITY TRANSPORTATION CENTERS
PROGRAM.</DELETED>
<DELETED> Section 5505 of title 49, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting ``of
Transportation, acting through the Assistant Secretary
for Research and Technology (referred to in this
section as the `Secretary'),'' after ``The Secretary'';
and</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (B), by
inserting ``multimodal'' after ``critical'';
and</DELETED>
<DELETED> (ii) in subparagraph (C), by
inserting ``with respect to the matters
described in subparagraphs (A) through (G) of
section 6503(c)(1)'' after ``transportation
leaders'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (2)(A), by striking ``for
each of the transportation centers described under
paragraphs (2), (3), and (4) of subsection (c)'' and
inserting ``as a lead institution under this section,
except as provided in subparagraph (B)'';</DELETED>
<DELETED> (B) in paragraph (4)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``identified in chapter 65'' and
inserting ``described in subparagraphs (A)
through (G) of section 6503(c)(1)'';
and</DELETED>
<DELETED> (ii) in subparagraph (B), in the
matter preceding clause (i), by striking ``the
Assistant Secretary'' and all that follows
through ``modal administrations'' and inserting
``the heads of the modal administrations of the
Department of Transportation,''; and</DELETED>
<DELETED> (C) in paragraph (5)(B), in the matter
preceding clause (i), by striking ``submit'' and all
that follows through ``of the Senate'' and inserting
``make available to the public on a website of the
Department of Transportation'';</DELETED>
<DELETED> (3) in subsection (c)(3)(E)--</DELETED>
<DELETED> (A) by inserting ``, including the
cybersecurity implications of technologies relating to
connected vehicles, connected infrastructure, and
autonomous vehicles'' after ``autonomous vehicles'';
and</DELETED>
<DELETED> (B) by striking ``The Secretary'' and
inserting the following:</DELETED>
<DELETED> ``(i) In general.--A regional
university transportation center receiving a
grant under this paragraph shall carry out
research focusing on 1 or more of the matters
described in subparagraphs (A) through (G) of
section 6503(c)(1).</DELETED>
<DELETED> ``(ii) Focused objectives.--The
Secretary''; and</DELETED>
<DELETED> (4) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) in the paragraph heading, by
striking ``Annual review'' and inserting
``Review'';</DELETED>
<DELETED> (ii) in the matter preceding
subparagraph (A), by striking ``annually'' and
inserting ``biennially''; and</DELETED>
<DELETED> (iii) in subparagraph (B), by
striking ``submit'' and all that follows
through ``of the Senate'' and inserting ``make
available to the public on a website of the
Department of Transportation''; and</DELETED>
<DELETED> (B) in paragraph (3), by striking ``2016
through 2020'' and inserting ``2022 through
2026''.</DELETED>
<DELETED>SEC. 5019. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE
STRATEGIC PLAN.</DELETED>
<DELETED> Section 1431(e) of the FAST Act (49 U.S.C. 301 note;
Public Law 114-94) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) though (G), respectively, and indenting
appropriately;</DELETED>
<DELETED> (2) in the matter preceding subparagraph (A) (as
so redesignated)--</DELETED>
<DELETED> (A) by striking ``Not later than 3 years
after the date of enactment of this Act'' and inserting
``Not later than 180 days after the date of enactment
of the Surface Transportation Investment Act of 2021'';
and</DELETED>
<DELETED> (B) by striking ``plan that includes'' and
inserting the following: ``plan--</DELETED>
<DELETED> ``(1) to develop an immediate-term and long-term
strategy, including policy recommendations across all modes of
transportation, for the Department and other agencies to use
infrastructure investments to revive the travel and tourism
industry and the overall travel and tourism economy in the wake
of the Coronavirus Disease 2019 (COVID-19) pandemic;
and</DELETED>
<DELETED> ``(2) that includes''; and</DELETED>
<DELETED> (3) in paragraph (2) (as so redesignated)--
</DELETED>
<DELETED> (A) in subparagraph (A) (as so
redesignated), by inserting ``, including consideration
of the impacts of the COVID-19 pandemic'' after
``network'';</DELETED>
<DELETED> (B) in subparagraph (D) (as so
redesignated), by inserting ``of regional
significance'' after ``corridors'';</DELETED>
<DELETED> (C) in subparagraph (F) (as so
redesignated), by striking ``and'' at the
end;</DELETED>
<DELETED> (D) in subparagraph (G) (as so
redesignated), by striking the period at the end and
inserting ``; and''; and</DELETED>
<DELETED> (E) by adding at the end the
following:</DELETED>
<DELETED> ``(H) an identification of possible
infrastructure investments that create recovery
opportunities for small, underserved, minority, and
rural businesses in the travel and tourism industry,
including efforts to preserve and protect the scenic,
but often less-traveled, roads that promote tourism and
economic development throughout the United
States.''.</DELETED>
<DELETED>SEC. 5020. LOCAL HIRING PREFERENCE FOR CONSTRUCTION
JOBS.</DELETED>
<DELETED> (a) Authorization.--</DELETED>
<DELETED> (1) In general.--A recipient or subrecipient of a
grant provided by the Secretary under title 23 or 49, United
States Code, may implement a local or other geographical or
economic hiring preference relating to the use of labor for
construction of a project funded by the grant, including
prehire agreements, subject to any applicable State and local
laws, policies, and procedures.</DELETED>
<DELETED> (2) Treatment.--The use of a local or other
geographical or economic hiring preference pursuant to
paragraph (1) in any bid for a contract for the construction of
a project funded by a grant described in paragraph (1) shall
not be considered to unduly limit competition.</DELETED>
<DELETED> (b) Workforce Diversity Report.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall submit to
Congress a report describing methods--</DELETED>
<DELETED> (1) to ensure preapprenticeship programs are
established and implemented to meet the needs of employers in
transportation and transportation infrastructure construction
industries, including with respect to the formal connection of
the preapprenticeship programs to registered apprenticeship
programs;</DELETED>
<DELETED> (2) to address barriers to employment (within the
meaning of the Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.)) in transportation and transportation
infrastructure construction industries for--</DELETED>
<DELETED> (A) individuals who are former offenders
(as defined in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102));</DELETED>
<DELETED> (B) individuals with a disability (as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102)); and</DELETED>
<DELETED> (C) individuals that represent populations
that are traditionally underrepresented in the
workforce; and</DELETED>
<DELETED> (3) to encourage a recipient or subrecipient
implementing a local or other geographical or economic hiring
preference pursuant to subsection (a)(1) to establish, in
coordination with nonprofit organizations that represent
employees, outreach and support programs that increase
diversity within the workforce, including expanded
participation from individuals described in subparagraphs (A)
through (C) of paragraph (2).</DELETED>
<DELETED> (c) Model Plan.--Not later than 1 year after the date of
submission of the report under subsection (b), the Secretary shall
establish, and publish on the website of the Department, a model plan
for use by States, units of local government, and private sector
entities to address the issues described in that subsection.</DELETED>
<DELETED>SEC. 5021. TRANSPORTATION WORKFORCE DEVELOPMENT.</DELETED>
<DELETED> (a) Assessment.--The Secretary shall enter into an
arrangement with the National Academy of Sciences under which the
National Academy shall develop and submit to the Secretary a workforce
needs assessment that--</DELETED>
<DELETED> (1) addresses--</DELETED>
<DELETED> (A) the education and recruitment of
technical workers for the intelligent transportation
technologies and systems industry;</DELETED>
<DELETED> (B) the development of a workforce skilled
in various types of intelligent transportation
technologies, components, infrastructure, and
equipment, including with respect to--</DELETED>
<DELETED> (i) installation;</DELETED>
<DELETED> (ii) maintenance;</DELETED>
<DELETED> (iii) manufacturing;</DELETED>
<DELETED> (iv) operations, including data
analysis and review; and</DELETED>
<DELETED> (v) cybersecurity; and</DELETED>
<DELETED> (C) barriers to employment in the
intelligent transportation technologies and systems
industry for--</DELETED>
<DELETED> (i) individuals who are former
offenders (as defined in section 3 of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3102));</DELETED>
<DELETED> (ii) individuals with a disability
(as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102));
and</DELETED>
<DELETED> (iii) individuals that represent
populations that are traditionally
underrepresented in the workforce;
and</DELETED>
<DELETED> (2) includes recommendations relating to the
issues described in paragraph (1).</DELETED>
<DELETED> (b) Working Group.--</DELETED>
<DELETED> (1) Establishment.--The Secretary shall establish
a working group, to be composed of--</DELETED>
<DELETED> (A) the Secretary of Energy;</DELETED>
<DELETED> (B) the Secretary of Labor; and</DELETED>
<DELETED> (C) the heads of such other Federal
agencies as the Secretary determines to be
necessary.</DELETED>
<DELETED> (2) Implementation plan.--</DELETED>
<DELETED> (A) In general.--The working group
established under paragraph (1) shall develop an
intelligent transportation technologies and systems
industry workforce development implantation
plan.</DELETED>
<DELETED> (B) Requirements.--The implementation plan
under subparagraph (A) shall address any issues and
recommendations included in the needs assessment under
subsection (a), taking into consideration a whole-of-
government approach with respect to--</DELETED>
<DELETED> (i) using registered
apprenticeship and preapprenticeship programs;
and</DELETED>
<DELETED> (ii) re-skilling workers who may
be interested in working within the intelligent
transportation technologies and systems
industry.</DELETED>
<DELETED> (3) Submission to congress.--Not later than 1 year
after the date of receipt of the needs assessment under
subsection (a), the Secretary shall submit to Congress the
implementation plan developed under paragraph (2).</DELETED>
<DELETED> (c) Transportation Workforce Outreach Program.--</DELETED>
<DELETED> (1) In general.--Subchapter I of chapter 55 of
title 49, United States Code (as amended by section 5014(a)),
is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 5507. Transportation workforce outreach
program</DELETED>
<DELETED> ``(a) In General.--The Secretary of Transportation
(referred to in this section as the `Secretary') shall establish and
administer a transportation workforce outreach program, under which the
Secretary shall carry out a series of public service announcement
campaigns during each of fiscal years 2022 through 2026.</DELETED>
<DELETED> ``(b) Purposes.--The purpose of the campaigns carried out
under the program under this section shall be--</DELETED>
<DELETED> ``(1) to increase awareness of career
opportunities in the transportation sector, including aviation
pilots, safety inspectors, mechanics and technicians, air
traffic controllers, flight attendants, truck and bus drivers,
engineers, transit workers, railroad workers, and other
transportation professionals; and</DELETED>
<DELETED> ``(2) to target awareness of professional
opportunities in the transportation sector to diverse segments
of the population, including with respect to race, sex,
ethnicity, ability (including physical and mental ability), and
socioeconomic status.</DELETED>
<DELETED> ``(c) Advertising.--The Secretary may use, or authorize
the use of, amounts made available to carry out the program under this
section for the development, production, and use of broadcast, digital,
and print media advertising and outreach in carrying out a campaign
under this section.</DELETED>
<DELETED> ``(d) Funding.--The Secretary may use to carry out this
section any amounts otherwise made available to the Secretary, not to
exceed $5,000,000, for each of fiscal years 2022 through
2026.''.</DELETED>
<DELETED> (2) Clerical amendment.--The analysis for
subchapter I of chapter 55 of title 49, United States Code (as
amended by section 5014(b)), is amended by adding at the end
the following:</DELETED>
<DELETED>``5507. Transportation workforce outreach program.''.
<DELETED>SEC. 5022. INTERMODAL TRANSPORTATION ADVISORY BOARD
REPEAL.</DELETED>
<DELETED> (a) In General.--Section 5502 of title 49, United States
Code, is repealed.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for subchapter I of
chapter 55 of title 49, United States Code, is amended by striking the
item relating to section 5502.</DELETED>
<DELETED>SEC. 5023. GAO CYBERSECURITY RECOMMENDATIONS.</DELETED>
<DELETED> (a) Cybersecurity Risk Management.--Not later than 3 years
after the date of enactment of this Act, the Secretary shall implement
the recommendation for the Department made by the Comptroller General
of the United States in the report entitled ``Cybersecurity: Agencies
Need to Fully Establish Risk Management Programs and Address
Challenges'', numbered GAO-19-384, and dated July 2019--</DELETED>
<DELETED> (1) by developing a cybersecurity risk management
strategy for the systems and information of the
Department;</DELETED>
<DELETED> (2) by updating policies to address an
organization-wide risk assessment; and</DELETED>
<DELETED> (3) by updating the processes for coordination
between cybersecurity risk management functions and enterprise
risk management functions.</DELETED>
<DELETED> (b) Work Roles.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall implement the recommendation
of the Comptroller General of the United States in the report entitled
``Cybersecurity Workforce: Agencies Need to Accurately Categorize
Positions to Effectively Identify Critical Staffing Needs'', numbered
GAO-19-144, and dated March 2019, by--</DELETED>
<DELETED> (1) reviewing positions in the Department;
and</DELETED>
<DELETED> (2) assigning appropriate work roles in accordance
with the National Initiative for Cybersecurity Education
Cybersecurity Workforce Framework.</DELETED>
<DELETED> (c) GAO Review.--</DELETED>
<DELETED> (1) Report.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that examines the approach of the
Department to managing cybersecurity for the systems and
information of the Department.</DELETED>
<DELETED> (2) Contents.--The report under paragraph (1)
shall include an evaluation of--</DELETED>
<DELETED> (A) the roles, responsibilities, and
reporting relationships of the senior officials of the
Department with respect to cybersecurity at the
components of the Department;</DELETED>
<DELETED> (B) the extent to which officials of the
Department--</DELETED>
<DELETED> (i) establish requirements for,
share information with, provide resources to,
and monitor the performance of managers with
respect to cybersecurity within the components
of the Department; and</DELETED>
<DELETED> (ii) hold managers accountable for
cybersecurity within the components of the
Department; and</DELETED>
<DELETED> (C) other aspects of cybersecurity, as the
Comptroller General of the United States determines to
be appropriate.</DELETED>
<DELETED>SEC. 5024. VOLPE OVERSIGHT.</DELETED>
<DELETED> (a) Financial Management.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall implement the
recommendations of the Inspector General of the Department included in
the report entitled ``DOT Needs to Strengthen Its Oversight of IAAs
With Volpe'' and dated September 30, 2019, to improve planning,
financial management, and the sharing of performance information with
respect to intraagency agreements with the John A. Volpe National
Transportation Systems Center (referred to in this section as the
``Volpe Center'').</DELETED>
<DELETED> (b) GAO Review.--</DELETED>
<DELETED> (1) 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 Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that examines the surface
transportation activities at the Volpe Center.</DELETED>
<DELETED> (2) Contents.--The report under paragraph (1)
shall include an evaluation of--</DELETED>
<DELETED> (A) the amount of Department funding
provided to the Volpe Center, as compared to other
Federal and non-Federal research partners;</DELETED>
<DELETED> (B) the process used by the Department to
determine whether to work with the Volpe Center, as
compared to any other Federal or non-Federal research
partner; and</DELETED>
<DELETED> (C) the extent to which the Department is
collaborating with the Volpe Center to address research
needs relating to emerging issues. </DELETED>
<DELETED>TITLE VI--HAZARDOUS MATERIALS</DELETED>
<DELETED>SEC. 6001. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 5128 of title 49, United States Code, is amended
to read as follows:</DELETED>
<DELETED>``Sec. 5128. Authorization of appropriations</DELETED>
<DELETED> ``(a) In General.--There are authorized to be appropriated
to the Secretary to carry out this chapter (except section 5107(e),
5108(g)(2), 5113, 5115, 5116, and 5119)--</DELETED>
<DELETED> ``(1) $67,000,000 for fiscal year 2022;</DELETED>
<DELETED> ``(2) $68,000,000 for fiscal year 2023;</DELETED>
<DELETED> ``(3) $69,000,000 for fiscal year 2024;</DELETED>
<DELETED> ``(4) $70,000,000 for fiscal year 2025;
and</DELETED>
<DELETED> ``(5) $71,000,000 for fiscal year 2026.</DELETED>
<DELETED> ``(b) Hazardous Materials Emergency Preparedness Fund.--
From the Hazardous Materials Preparedness Fund established under
section 5116(h), the Secretary may expend, for each of fiscal years
2022 through 2026--</DELETED>
<DELETED> ``(1) $39,050,000 to carry out section
5116(a);</DELETED>
<DELETED> ``(2) $150,000 to carry out section
5116(e);</DELETED>
<DELETED> ``(3) $625,000 to publish and distribute the
Emergency Response Guidebook under section 5116(h)(3);
and</DELETED>
<DELETED> ``(4) $1,000,000 to carry out section
5116(i).</DELETED>
<DELETED> ``(c) Hazardous Materials Training Grants.--From the
Hazardous Materials Emergency Preparedness Fund established pursuant to
section 5116(h), the Secretary may expend $5,000,000 for each of fiscal
years 2022 through 2026 to carry out section 5107(e).</DELETED>
<DELETED> ``(d) Community Safety Grants.--Of the amounts made
available under subsection (a) to carry out this chapter, the Secretary
shall withhold $4,000,000 for each of fiscal years 2022 through 2026 to
carry out section 5107(i).</DELETED>
<DELETED> ``(e) Credits to Appropriations.--</DELETED>
<DELETED> ``(1) Expenses.--In addition to amounts otherwise
made available to carry out this chapter, the Secretary may
credit amounts received from a State, Indian tribe, or other
public authority or private entity for expenses the Secretary
incurs in providing training to the State, Indian tribe,
authority or entity.</DELETED>
<DELETED> ``(2) Availability of amounts.--Amounts made
available under this section shall remain available until
expended.''.</DELETED>
<DELETED>SEC. 6002. ASSISTANCE FOR LOCAL EMERGENCY RESPONSE TRAINING
GRANT PROGRAM.</DELETED>
<DELETED> Section 5116 of title 49, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (j), in the second sentence of
the matter preceding paragraph (1), by striking ``subsection
(i)'' and inserting ``subsections (i) and (j)'';</DELETED>
<DELETED> (2) by redesignating subsection (j) as subsection
(k); and</DELETED>
<DELETED> (3) by inserting after subsection (i) the
following:</DELETED>
<DELETED> ``(j) Alert Grant Program.--</DELETED>
<DELETED> ``(1) Assistance for local emergency response
training.--The Secretary shall establish a grant program to
make grants to eligible entities described in paragraph (2)--
</DELETED>
<DELETED> ``(A) to develop a hazardous materials
response training curriculum for emergency responders,
including response activities for the transportation of
crude oil, ethanol, and other flammable liquids by
rail, consistent with the standards of the National
Fire Protection Association; and</DELETED>
<DELETED> ``(B) to make the training described in
subparagraph (A) available in an electronic
format.</DELETED>
<DELETED> ``(2) Eligible entities.--An eligible entity
referred to in paragraph (1) is a nonprofit organization that--
</DELETED>
<DELETED> ``(A) represents first responders or
public official responsible for coordinating disaster
response; and</DELETED>
<DELETED> ``(B) is able to provide direct or web-
based training to individuals responsible for
responding to accidents and incidents involving
hazardous materials.</DELETED>
<DELETED> ``(3) Funding.--</DELETED>
<DELETED> ``(A) In general.--To carry out the grant
program under paragraph (1), the Secretary may use, for
each fiscal year, any amounts recovered during such
fiscal year from grants awarded under this section
during a prior fiscal year.</DELETED>
<DELETED> ``(B) Other hazardous material training
activities.--For each fiscal year, after providing
grants under paragraph (1), if funds remain available,
the Secretary may use the amounts described in
subparagraph (A)--</DELETED>
<DELETED> ``(i) to make grants under--
</DELETED>
<DELETED> ``(I) subsection
(a)(1)(C);</DELETED>
<DELETED> ``(II) subsection (i);
and</DELETED>
<DELETED> ``(III) section
5107(e);</DELETED>
<DELETED> ``(ii) to conduct monitoring and
provide technical assistance under subsection
(e);</DELETED>
<DELETED> ``(iii) to publish and distribute
the emergency response guide referred to in
subsection (h)(3); and</DELETED>
<DELETED> ``(iv) to pay administrative costs
in accordance with subsection (h)(4).</DELETED>
<DELETED> ``(C) Obligation limitation.--
Notwithstanding any other provision of law, for each
fiscal year, amounts described in subparagraph (A)
shall not be included in the obligation limitation for
the Hazardous Materials Emergency Preparedness grant
program for that fiscal year.''.</DELETED>
<DELETED>SEC. 6003. REAL-TIME EMERGENCY RESPONSE INFORMATION.</DELETED>
<DELETED> Section 7302 of the FAST Act (49 U.S.C. 20103 note; Public
Law 114-94) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``1 year after the date of enactment of
this Act'' and inserting ``December 5,
2022'';</DELETED>
<DELETED> (B) in paragraph (1), by amending
subparagraph (B) to read as follows:</DELETED>
<DELETED> ``(B) to provide the electronic train
consist information described in subparagraph (A) to
authorized State and local first responders, emergency
response officials, and law enforcement personnel that
are involved in the response to, or investigation of,
an accident, incident, or public health or safety
emergency involving the rail transportation of
hazardous materials;'';</DELETED>
<DELETED> (C) by striking paragraph (2);</DELETED>
<DELETED> (D) by redesignating paragraphs (3), (4),
(5), (6), and (7) as paragraphs (2), (3), (4), (5), and
(6), respectively; and</DELETED>
<DELETED> (E) in paragraph (3), as redesignated, by
striking ``paragraph (3)'' and inserting ``paragraph
(2)'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by striking paragraphs (1) and (4);
and</DELETED>
<DELETED> (B) by redesignating paragraphs (2), (3),
(5), (6), and (7) as paragraphs (1), (2), (3), (4), and
(5), respectively; and</DELETED>
<DELETED> (3) in subsection (c), by striking ``, as
described in subsection (a)(1)(B),''.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Surface
Transportation Investment Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A--Multimodal Freight Policy
Sec. 1101. Office of Multimodal Freight Infrastructure and Policy.
Sec. 1102. Updates to National Freight Plan.
Sec. 1103. State collaboration with National Multimodal Freight
Network.
Sec. 1104. Improving State freight plans.
Sec. 1105. Implementation of National Multimodal Freight Network.
Sec. 1106. Multi-State freight corridor planning.
Subtitle B--Multimodal Investment
Sec. 1201. National infrastructure project assistance.
Sec. 1202. Local and regional project assistance.
Sec. 1203. National culvert removal, replacement, and restoration grant
program.
Sec. 1204. Nationally significant multimodal freight projects.
Sec. 1205. National multimodal cooperative freight research program.
Sec. 1206. Rural and Tribal infrastructure advancement.
Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms
Sec. 1301. RRIF codification and reforms.
Sec. 1302. Substantive criteria and standards.
Sec. 1303. Semiannual report on transit-oriented development
eligibility.
TITLE II--RAIL
Sec. 2001. Short title.
Subtitle A--Authorization of Appropriations
Sec. 2101. Grants to Amtrak.
Sec. 2102. Federal Railroad Administration.
Sec. 2103. Consolidated rail infrastructure and safety improvements
grants.
Sec. 2104. Railroad crossing elimination program.
Sec. 2105. Restoration and enhancement grants.
Sec. 2106. Federal-State partnership for intercity passenger rail
grants.
Sec. 2107. Amtrak Office of Inspector General.
Subtitle B--Amtrak Reforms
Sec. 2201. Amtrak findings, mission, and goals.
Sec. 2202. Composition of Amtrak's Board of Directors.
Sec. 2203. Station agents.
Sec. 2204. Increasing oversight of changes to Amtrak long-distance
routes and other intercity services.
Sec. 2205. Improved oversight of Amtrak accounting.
Sec. 2206. Improved oversight of Amtrak spending.
Sec. 2207. Increasing service line and asset line plan transparency.
Sec. 2208. Passenger experience enhancement.
Sec. 2209. Amtrak smoking policy.
Sec. 2210. Protecting Amtrak routes through rural communities.
Sec. 2211. State-Supported Route Committee.
Sec. 2212. Enhancing cross border service.
Sec. 2213. Creating quality jobs.
Sec. 2214. Amtrak daily long-distance service study.
Subtitle C--Intercity Passenger Rail Policy
Sec. 2301. Northeast Corridor planning.
Sec. 2302. Northeast Corridor Commission.
Sec. 2303. Consolidated rail infrastructure and safety improvements.
Sec. 2304. Restoration and enhancement grants.
Sec. 2305. Railroad crossing elimination program.
Sec. 2306. Interstate rail compacts.
Sec. 2307. Federal-State partnership for intercity passenger rail
grants.
Sec. 2308. Corridor identification and development program.
Sec. 2309. Surface Transportation Board passenger rail program.
Sec. 2310. Railroad rights-of-way.
Subtitle D--Rail Safety
Sec. 2401. Railway-highway crossings program evaluation.
Sec. 2402. Grade crossing accident prediction model.
Sec. 2403. Periodic updates to highway-rail crossing reports and plans.
Sec. 2404. Blocked crossing portal.
Sec. 2405. Data accessibility.
Sec. 2406. Emergency lighting.
Sec. 2407. Comprehensive rail safety review of Amtrak.
Sec. 2408. Completion of hours of service and fatigue studies.
Sec. 2409. Positive train control study.
Sec. 2410. Operating crew member training, qualification, and
certification.
Sec. 2411. Transparency and safety.
Sec. 2412. Research and development.
Sec. 2413. Rail research and development center of excellence.
Sec. 2414. Quarterly report on positive train control system
performance.
Sec. 2415. Speed limit action plans.
Sec. 2416. New passenger service pre-revenue safety validation plan.
Sec. 2417. Federal Railroad Administration accident and incident
investigations.
Sec. 2418. Civil penalty enforcement authority.
Sec. 2419. Advancing safety and innovative technology.
Sec. 2420. Passenger rail vehicle occupant protection systems.
Sec. 2421. Federal Railroad Administration reporting requirements.
Sec. 2422. National Academies study on trains longer than 7,500 feet.
Sec. 2423. High-speed train noise emissions.
Sec. 2424. Critical incident stress plans.
Sec. 2425. Requirements for railroad freight cars placed into service
in the United States.
Sec. 2426. Railroad point of contact for public safety issues.
Sec. 2427. Controlled substances testing for mechanical employees.
TITLE III--MOTOR CARRIER SAFETY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Motor carrier safety advisory committee.
Sec. 3003. Combating human trafficking.
Sec. 3004. Immobilization grant program.
Sec. 3005. Commercial motor vehicle enforcement training and support.
Sec. 3006. Study of commercial motor vehicle crash causation.
Sec. 3007. Promoting women in the trucking workforce.
Sec. 3008. State inspection of passenger-carrying commercial motor
vehicles.
Sec. 3009. Truck Leasing Task Force.
Sec. 3010. Automatic emergency braking.
Sec. 3011. Underride protection.
Sec. 3012. Providers of recreational activities.
Sec. 3013. Amendments to regulations relating to transportation of
household goods in interstate commerce.
Sec. 3014. Improving Federal-State motor carrier safety enforcement
coordination.
Sec. 3015. Limousine research.
Sec. 3016. National Consumer Complaint Database.
Sec. 3017. Electronic logging device oversight.
Sec. 3018. Transportation of agricultural commodities and farm
supplies.
Sec. 3019. Modification of restrictions on certain commercial driver's
licenses.
Sec. 3020. Report on human trafficking violations involving commercial
motor vehicles.
Sec. 3021. Broker guidance relating to Federal motor carrier safety
regulations.
Sec. 3022. Apprenticeship pilot program.
TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
Sec. 4101. Authorization of appropriations.
Sec. 4102. Highway safety programs.
Sec. 4103. Highway safety research and development.
Sec. 4104. High-visibility enforcement programs.
Sec. 4105. National priority safety programs.
Sec. 4106. Multiple substance-impaired driving prevention.
Sec. 4107. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 4108. Crash data.
Sec. 4109. Review of Move Over or Slow Down Law public awareness.
Sec. 4110. Review of laws, safety measures, and technologies relating
to school buses.
Sec. 4111. Motorcyclist Advisory Council.
Sec. 4112. Safe Streets and Roads for All grant program.
Sec. 4113. Implementation of GAO recommendations.
Subtitle B--Vehicle Safety
Sec. 4201. Authorization of appropriations.
Sec. 4202. Recall completion.
Sec. 4203. Recall engagement.
Sec. 4204. Motor vehicle seat back safety standards.
Sec. 4205. Automatic shutoff.
Sec. 4206. Petitions by interested persons for standards and
enforcement.
Sec. 4207. Child safety seat accessibility study.
Sec. 4208. Crash avoidance technology.
Sec. 4209. Reduction of driver distraction.
Sec. 4210. Rulemaking report.
Sec. 4211. Global harmonization.
Sec. 4212. Headlamps.
Sec. 4213. New Car Assessment Program.
Sec. 4214. Hood and bumper standards.
Sec. 4215. Emergency medical services and 9-1-1.
Sec. 4216. Early warning reporting.
Sec. 4217. Improved vehicle safety databases.
Sec. 4218. National Driver Register Advisory Committee repeal.
Sec. 4219. Research on connected vehicle technology.
Sec. 4220. Advanced impaired driving technology.
Sec. 4221. GAO report on crash dummies.
Sec. 4222. Child safety.
TITLE V--RESEARCH AND INNOVATION
Sec. 5001. Intelligent Transportation Systems Program Advisory
Committee.
Sec. 5002. Smart Community Resource Center.
Sec. 5003. Federal support for local decisionmaking.
Sec. 5004. Bureau of Transportation Statistics.
Sec. 5005. Strengthening mobility and revolutionizing transportation
grant program.
Sec. 5006. Electric vehicle working group.
Sec. 5007. Risk and system resilience.
Sec. 5008. Coordination on emerging transportation technology.
Sec. 5009. Interagency Infrastructure Permitting Improvement Center.
Sec. 5010. Rural opportunities to use transportation for economic
success initiative.
Sec. 5011. Advanced transportation technologies deployment program.
Sec. 5012. Safety data initiative.
Sec. 5013. Advanced transportation research.
Sec. 5014. Open research initiative.
Sec. 5015. Transportation research and development 5-year strategic
plan.
Sec. 5016. Research planning modifications.
Sec. 5017. Incorporation of Department of Transportation research.
Sec. 5018. University transportation centers program.
Sec. 5019. National travel and tourism infrastructure strategic plan.
Sec. 5020. Local hiring preference for construction jobs.
Sec. 5021. Transportation workforce development.
Sec. 5022. Intermodal Transportation Advisory Board repeal.
Sec. 5023. GAO cybersecurity recommendations.
Sec. 5024. Volpe oversight.
Sec. 5025. Modifications to grant program.
Sec. 5026. Drug-impaired driving data collection.
Sec. 5027. Report on marijuana research.
Sec. 5028. GAO study on improving the efficiency of traffic systems.
TITLE VI--HAZARDOUS MATERIALS
Sec. 6001. Authorization of appropriations.
Sec. 6002. Assistance for local emergency response training grant
program.
Sec. 6003. Real-time emergency response information.
TITLE VII--GENERAL PROVISIONS
Sec. 7001. Performance measurement, transparency, and accountability.
Sec. 7002. Coordination regarding forced labor.
Sec. 7003. Department of Transportation spectrum audit.
Sec. 7004. Study and reports on the travel and tourism activities of
the Department.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A--Multimodal Freight Policy
SEC. 1101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND POLICY.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 118. Office of Multimodal Freight Infrastructure and Policy
``(a) Definitions.--In this section:
``(1) Department.--The term `Department' means the
Department of Transportation.
``(2) Freight office.--The term `Freight Office' means the
Office of Multimodal Freight Infrastructure and Policy
established under subsection (b).
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) Establishment.--The Secretary shall establish within the
Department an Office of Multimodal Freight Infrastructure and Policy.
``(c) Purposes.--The purposes of the Freight Office shall be--
``(1) to carry out the national multimodal freight policy
described in section 70101;
``(2) to administer and oversee certain multimodal freight
grant programs within the Department in accordance with
subsection (d);
``(3) to promote and facilitate the sharing of information
between the private and public sectors with respect to freight
issues;
``(4) to conduct research on improving multimodal freight
mobility, and to oversee the freight research activities of the
various agencies within the Department;
``(5) to assist cities and States in developing freight
mobility and supply chain expertise;
``(6) to liaise and coordinate with other Federal
departments and agencies; and
``(7) to carry out other duties, as prescribed by the
Secretary.
``(d) Administration of Policies and Programs.--The Freight Office
shall--
``(1) develop and manage--
``(A) the national freight strategic plan described
in section 70102; and
``(B) the National Multimodal Freight Network
established under section 70103;
``(2)(A) oversee the development and updating of the State
freight plans described in section 70202; and
``(B) provide guidance or best practices relating to the
development and updating of State freight plans under that
section;
``(3)(A) administer multimodal freight grant programs,
including multimodal freight grants established under section
117 of title 23; and
``(B) establish procedures for analyzing and evaluating
applications for grants under those programs;
``(4) assist States in the establishment of--
``(A) State freight advisory committees under
section 70201; and
``(B) multi-State freight mobility compacts under
section 70204; and
``(5) provide to the Bureau of Transportation Statistics
input regarding freight data and planning tools.
``(e) Assistant Secretary.--
``(1) In general.--The Freight Office shall be headed by an
Assistant Secretary for Multimodal Freight, who shall--
``(A) be appointed by the President, by and with
the advice and consent of the Senate; and
``(B) have professional standing and demonstrated
knowledge in the field of freight transportation.
``(2) Duties.--The Assistant Secretary shall--
``(A) report to the Under Secretary of
Transportation for Policy;
``(B) be responsible for the management and
oversight of the activities, decisions, operations, and
personnel of the Freight Office;
``(C) work with the modal administrations of the
Department to encourage multimodal collaboration; and
``(D) carry out such additional duties as the
Secretary may prescribe.
``(f) Consolidation and Elimination of Duplicative Offices.--
``(1) Consolidation of offices and office functions.--The
Secretary may consolidate into the Freight Office any office or
office function within the Department that the Secretary
determines has duties, responsibilities, resources, or
expertise that support the purposes of the Freight Office.
``(2) Elimination of offices.--The Secretary may eliminate
any office within the Department if the Secretary determines
that--
``(A) the purposes of the office are duplicative of
the purposes of the Freight Office;
``(B) the office or the functions of the office
have been substantially consolidated with the Freight
Office pursuant to paragraph (1);
``(C) the elimination of the office will not
adversely affect the requirements of the Secretary
under any Federal law; and
``(D) the elimination of the office will improve
the efficiency and effectiveness of the programs and
functions conducted by the office.
``(g) Staffing and Budgetary Resources.--
``(1) In general.--The Secretary shall ensure that the
Freight Office is adequately staffed and funded.
``(2) Staffing.--
``(A) Transfer of positions to freight office.--
Subject to subparagraph (B), the Secretary may transfer
to the Freight Office any position within any other
office of the Department if the Secretary determines
that the position is necessary to carry out the
purposes of the Freight Office.
``(B) Requirement.--If the Secretary transfers a
position to the Freight Office pursuant to subparagraph
(A), the Secretary, in coordination with the
appropriate modal administration of the Department,
shall ensure that the transfer of the position does not
adversely affect the requirements of the modal
administration under any Federal law.
``(3) Budgetary resources.--
``(A) Transfer of funds from consolidated or
eliminated offices.--
``(i) In general.--To carry out the
purposes of the Freight Office, the Secretary
may transfer to the Freight Office from any
office or office function that is consolidated
or eliminated under subsection (f) any funds
allocated for the consolidated or eliminated
office or office function.
``(ii) Retransfer.--Any portion of any
funds or limitations of obligations transferred
to the Freight Office pursuant to clause (i)
may be transferred back to, and merged with,
the original account.
``(B) Transfer of funds allocated for
administrative costs.--
``(i) In general.--The Secretary may
transfer to the Freight Office any funds
allocated for the administrative costs of the
programs referred to in subsection (d)(3).
``(ii) Retransfer.--Any portion of any
funds or limitations of obligations transferred
to the Freight Office pursuant to clause (i)
may be transferred back to, and merged with,
the original account.
``(h) Website.--
``(1) Description of freight office.--The Secretary shall
make publicly available on the website of the Department a
description of the Freight Office, including a description of--
``(A) the programs managed or made available by the
Freight Office; and
``(B) the eligibility requirements for those
programs.
``(2) Clearinghouse.--The Secretary may establish a
clearinghouse for tools, templates, guidance, and best
practices on a page of the website of the Department that
supports the purposes of this section.
``(i) Notification to Congress.--Not later than 1 year after the
date of enactment of this section, and not less frequently than once
every 180 days thereafter until the date on which the Secretary
determines that the requirements of this section have been met, the
Secretary 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 notification that--
``(1) describes--
``(A) the programs and activities administered or
overseen by the Freight Office; and
``(B) the status of those programs and activities;
``(2) identifies--
``(A) the number of employees working in the
Freight Office as of the date of the notification;
``(B) the total number of employees expected to
join the Freight Office to support the programs and
activities described in paragraph (1); and
``(C) the total number of positions that, as a
result of the consolidation of offices under this
section, were--
``(i) eliminated; or
``(ii) transferred, assigned, or joined to
the Freight Office;
``(3)(A) indicates whether the Secretary has consolidated
into the Freight Office any office or office function pursuant
to subsection (f)(1); and
``(B) if the Secretary has consolidated such an office or
function, describes the rationale for the consolidation;
``(4)(A) indicates whether the Secretary has eliminated any
office pursuant to subsection (f)(2); and
``(B) if the Secretary has eliminated such an office,
describes the rationale for the elimination;
``(5) describes any other actions carried out by the
Secretary to implement this section; and
``(6) describes any recommendations of the Secretary for
legislation that may be needed to further implement this
section.
``(j) GAO Review.--The Comptroller General of the United States
shall--
``(1) conduct a review of the activities carried out by the
Secretary pursuant to this section; and
``(2) develop recommendations regarding additional
activities--
``(A) to improve the consolidation of duplicative
functions within the Department; and
``(B) to promote increased staff efficiency for
program management within the Department.
``(k) Savings Provisions.--
``(1) Effect on other law.--Except as otherwise provided in
this section, nothing in this section alters or affects any law
(including regulations) with respect to a program referred to
in subsection (d).
``(2) Effect on responsibilities of other agencies.--Except
as otherwise provided in this section, nothing in this section
abrogates the responsibilities of any agency, operating
administration, or office within the Department that is
otherwise charged by law (including regulations) with any
aspect of program administration, oversight, or project
approval or implementation with respect to a program or project
subject to the responsibilities of the Freight Office under
this section.
``(3) Effect on pending applications.--Nothing in this
section affects any pending application under a program
referred to in subsection (d) that was received by the
Secretary on or before the date of enactment of the Surface
Transportation Investment Act of 2021.
``(l) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary such sums as are necessary to carry out this
section.
``(2) Certain activities.--Authorizations under subsections
(f) and (g) are subject to appropriations.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code, is amended by inserting after the item relating to
section 117 the following:
``118. Office of Multimodal Freight Infrastructure and Policy.''.
(c) Conforming Amendments.--
(1) Section 70101(c) of title 49, United States Code, is
amended, in the matter preceding paragraph (1), by striking
``Under Secretary of Transportation for Policy'' and inserting
``Assistant Secretary for Multimodal Freight''.
(2) Section 70102 of title 49, United States Code, is
amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``Not later'' and all that
follows through ``the Under Secretary of Transportation
for Policy'' and inserting ``The Assistant Secretary
for Multimodal Freight (referred to in this section as
the `Assistant Secretary')'';
(B) in subsection (b)(4), in the matter preceding
subparagraph (A), by striking ``Under Secretary'' and
inserting ``Assistant Secretary'';
(C) in subsection (c), by striking ``Under
Secretary'' and inserting ``Assistant Secretary''; and
(D) in subsection (d), in the matter preceding
paragraph (1), by striking ``Under Secretary'' and
inserting ``Assistant Secretary''.
(3) Section 70103 of title 49, United States Code, is
amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``Under Secretary of
Transportation for Policy'' and inserting ``Assistant
Secretary for Multimodal Freight (referred to in this
section as the `Assistant Secretary')'';
(B) by striking subsection (b);
(C) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively;
(D) in subsection (b) (as so redesignated)--
(i) in the subsection heading, by striking
``Final Network'' and inserting ``Designation
of National Multimodal Freight Network'';
(ii) in paragraph (1), in the matter
preceding subparagraph (A), by striking ``Not
later'' and all that follows through ``Under
Secretary'' and inserting ``The Assistant
Secretary'';
(iii) in paragraph (2), in the matter
preceding subparagraph (A), by striking ``Under
Secretary'' and inserting ``Assistant
Secretary''; and
(iv) in paragraph (3), in the matter
preceding subparagraph (A), by striking ``Under
Secretary'' and inserting ``Assistant
Secretary''; and
(E) in subsection (c) (as so redesignated)--
(i) by striking ``subsection (c)'' each
place it appears and inserting ``subsection
(b)''; and
(ii) by striking ``Under Secretary'' and
inserting ``Assistant Secretary''.
(4) Section 116(d)(1) of title 49, United States Code, is
amended by striking subparagraph (D).
SEC. 1102. UPDATES TO NATIONAL FREIGHT PLAN.
Section 70102(b) of title 49, United States Code, is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(12) best practices for reducing environmental impacts of
freight movement (including stormwater runoff) and improving
resiliency of the national multimodal freight system;
``(13) consideration of any potential unique impacts of the
national freight system on rural and other underserved and
historically disadvantaged communities;
``(14) strategies for decarbonizing freight movement, as
appropriate; and
``(15) consideration of the impacts of e-commerce on the
national multimodal freight system.''.
SEC. 1103. STATE COLLABORATION WITH NATIONAL MULTIMODAL FREIGHT
NETWORK.
Subsection (b) of section 70103 of title 49, United States Code (as
redesignated by section 1101(c)(3)(C)), is amended--
(1) in paragraph (3), by striking subparagraph (C) and
inserting the following:
``(C) provide to the States an opportunity to
submit proposed designations from the States in
accordance with paragraph (4).''; and
(2) in paragraph (4)--
(A) in subparagraph (C)(i), by striking ``20
percent'' and inserting ``30 percent''; and
(B) by adding at the end the following:
``(E) Condition for acceptance.--The Secretary
shall accept from a State a designation under
subparagraph (D) only if the Secretary determines that
the designation meets the applicable requirements of
subparagraph (A).''.
SEC. 1104. IMPROVING STATE FREIGHT PLANS.
(a) In General.--Section 70202 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (9), by striking ``and'' at the
end;
(B) by redesignating paragraph (10) as paragraph
(16); and
(C) by inserting after paragraph (9) the following:
``(10) the most recent commercial motor vehicle parking
facilities assessment conducted by the State under subsection
(f);
``(11) the most recent supply chain cargo flows in the
State, expressed by mode of transportation;
``(12) an inventory of commercial ports in the State;
``(13) if applicable, consideration of the findings or
recommendations made by any multi-State freight compact to
which the State is a party under section 70204;
``(14) the impacts of e-commerce on freight infrastructure
in the State;
``(15) considerations of military freight; and''; and
(2) by adding at the end the following:
``(f) Commercial Motor Vehicle Parking Facilities Assessments.--As
part of the development or updating, as applicable, of a State freight
plan under this section, each State that receives funding under section
167 of title 23, in consultation with relevant State motor carrier
safety personnel, shall conduct an assessment of--
``(1) the capability of the State, together with the
private sector in the State, to provide adequate parking
facilities and rest facilities for commercial motor vehicles
engaged in interstate transportation;
``(2) the volume of commercial motor vehicle traffic in the
State; and
``(3) whether there exist any areas within the State with a
shortage of adequate commercial motor vehicle parking
facilities, including an analysis (economic or otherwise, as
the State determines to be appropriate) of the underlying
causes of such a shortage.''.
(b) Alignment of Transportation Planning.--Section 70202 of title
49, United States Code, is amended--
(1) in subsection (d), by striking ``5-year'' and inserting
``8-year''; and
(2) in subsection (e)(1), by striking ``5 years'' and
inserting ``4 years''.
SEC. 1105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT NETWORK.
Not later than 30 days after the date of enactment of this Act, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) describes the status of the designation of the final
National Multimodal Freight Network required under section
70103 of title 49, United States Code;
(2) explains the reasons why the designation of the network
referred to in paragraph (1) has not been finalized, if
applicable; and
(3) estimates the date by which that network will be
designated.
SEC. 1106. MULTI-STATE FREIGHT CORRIDOR PLANNING.
(a) In General.--Chapter 702 of title 49, United States Code, is
amended--
(1) by redesignating section 70204 as section 70206; and
(2) by inserting after section 70203 the following:
``Sec. 70204. Multi-State freight corridor planning
``(a) Consent to Multi-State Freight Mobility Compacts.--Congress
recognizes the right of States, cities, regional planning
organizations, federally recognized Indian Tribes, and local public
authorities (including public port authorities) that are regionally
linked with an interest in a specific nationally or regionally
significant multi-State freight corridor to enter into multi-State
compacts to promote the improved mobility of goods, including--
``(1) identifying projects along the corridor that benefit
multiple States;
``(2) assembling rights-of-way; and
``(3) performing capital improvements.
``(b) Financing.--A multi-State freight compact established by
entities under subsection (a) may provide that, in order to carry out
the compact, the relevant States or other entities may--
``(1) accept contributions from a unit of State or local
government;
``(2) use any Federal or State funds made available for
freight mobility infrastructure planning or construction,
including applying for grants;
``(3) subject to such terms and conditions as the States
consider to be advisable--
``(A) borrow money on a short-term basis; and
``(B) issue--
``(i) notes for borrowing under
subparagraph (A); and
``(ii) bonds; and
``(4) obtain financing by other means permitted under
applicable Federal or State law.
``(c) Advisory Committees.--
``(1) In general.--A multi-State freight compact under this
section may establish a multi-State freight corridor advisory
committee, which shall include representatives of State
departments of transportation and other public and private
sector entities with an interest in freight mobility, such as--
``(A) ports;
``(B) freight railroads;
``(C) shippers;
``(D) carriers;
``(E) freight-related associations;
``(F) third-party logistics providers;
``(G) the freight industry workforce;
``(H) environmental organizations;
``(I) community organizations; and
``(J) units of local government.
``(2) Activities.--An advisory committee established under
paragraph (1) may--
``(A) advise the parties to the applicable multi-
State freight compact with respect to freight-related
priorities, issues, projects, and funding needs that
impact multi-State--
``(i) freight mobility; and
``(ii) supply chains;
``(B) serve as a forum for States, Indian Tribes,
and other public entities to discuss decisions
affecting freight mobility;
``(C) communicate and coordinate multi-State
freight priorities with other organizations;
``(D) promote the sharing of information between
the private and public sectors with respect to freight
issues; and
``(E) provide information for consideration in the
development of State freight plans under section 70202.
``(d) Grants.--
``(1) Establishment.--The Secretary of Transportation
(referred to in this section as the `Secretary') shall
establish a program under which the Secretary shall provide
grants to multi-State freight compacts that seek to improve a
route or corridor that is a part of the National Multimodal
Freight Network established under section 70103.
``(2) New compacts.--
``(A) In general.--To incentivize the establishment
of multi-State freight compacts, the Secretary may
award a grant to multi-State freight compacts
established under subsection (a) during the 2-year
period beginning on the date of establishment for
operations costs in an amount of not more than
$2,000,000.
``(B) Eligibility.--A multi-State freight compact
shall be eligible for a grant under this paragraph only
during the initial 2 years of operation of the compact.
``(C) Requirements.--To be eligible to receive a
grant under this paragraph, a multi-State freight
compact shall--
``(i) submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
may require;
``(ii) provide a non-Federal match equal to
not less than 25 percent of the operating costs
of the multi-State freight compact; and
``(iii) commit to establishing a multi-
State freight corridor advisory committee under
subsection (c)(1) during the initial 2-year
period of operation of the compact.
``(3) Existing compacts.--
``(A) In general.--The Secretary may award a grant
to multi-State freight compacts that are not eligible
to receive a grant under paragraph (2) for operations
costs in an amount of not more than $1,000,000.
``(B) Requirements.--To be eligible to receive a
grant under this paragraph, a multi-State freight
compact shall--
``(i) submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
may require;
``(ii) provide a non-Federal match of not
less than 50 percent of the operating costs of
the compact; and
``(iii) demonstrate that the compact has
established a multi-State freight corridor
advisory committee under subsection (c)(1).
``(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $5,000,000 for each fiscal
year to carry out this subsection.''.
(b) Clerical Amendment.--The analysis for chapter 702 of title 49,
United States Code, is amended by striking the item relating to section
70204 and inserting the following:
``70204. Multi-State freight corridor planning.
``70206. Savings provision.''.
Subtitle B--Multimodal Investment
SEC. 1201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.
Subtitle III of title 49, United States Code, is amended by adding
at the end the following:
``CHAPTER 67--NATIONAL INFRASTRUCTURE INVESTMENTS
``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.
``Sec. 6701. National infrastructure project assistance
``(a) Definitions.--In this section:
``(1) Department.--The term `Department' means the
Department of Transportation.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State or a group of States;
``(B) a metropolitan planning organization;
``(C) a unit of local government;
``(D) a political subdivision of a State;
``(E) a special purpose district or public
authority with a transportation function, including a
port authority;
``(F) a Tribal government or a consortium of Tribal
governments;
``(G) a partnership between Amtrak and 1 or more
entities described in subparagraphs (A) through (F);
and
``(H) a group of entities described in any of
subparagraphs (A) through (G).
``(3) Program.--The term `program' means the program
established by subsection (b).
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(5) State.--The term `State' means--
``(A) any of the several States;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico;
``(D) the Commonwealth of the Northern Mariana
Islands;
``(E) the United States Virgin Islands;
``(F) Guam;
``(G) American Samoa; and
``(H) any other territory or possession of the
United States.
``(b) Establishment.--There is established a program under which
the Secretary shall provide to eligible entities grants, on a
competitive basis pursuant to single-year or multiyear grant
agreements, for projects described in subsection (d).
``(c) Applications.--
``(1) In general.--To be eligible for 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 determines to be appropriate.
``(2) Plan for data collection.--An application under
paragraph (1) shall include a plan for data collection and
analysis described in subsection (g).
``(d) Eligible Projects.--The Secretary may provide a grant under
the program only for a project--
``(1) that is--
``(A) a highway or bridge project carried out on--
``(i) the National Multimodal Freight
Network established under section 70103;
``(ii) the National Highway Freight Network
established under section 167 of title 23; or
``(iii) the National Highway System (as
defined in section 101(a) of title 23);
``(B) a freight intermodal (including public ports)
or freight rail project that provides a public benefit;
``(C) a railway-highway grade separation or
elimination project;
``(D) an intercity passenger rail project;
``(E) a public transportation project that is--
``(i) eligible for assistance under chapter
53; and
``(ii) part of a project described in any
of subparagraphs (A) through (D); or
``(F) a grouping, combination, or program of
interrelated, connected, or dependent projects of any
of the projects described in subparagraphs (A) through
(E); and
``(2) the eligible project costs of which are--
``(A) reasonably anticipated to equal or exceed
$500,000,000; or
``(B) for any project funded by the set-aside under
subsection (m)(2)--
``(i) more than $100,000,000; but
``(ii) less than $500,000,000.
``(e) Geographical Distribution.--In providing grants under this
section, the Secretary shall ensure among grant recipients--
``(1) geographical diversity; and
``(2) a balance between rural and urban communities.
``(f) Project Evaluation and Selection.--
``(1) Requirements.--The Secretary may select a project
described in subsection (d) to receive a grant under the
program only if the Secretary determines that--
``(A) the project is likely to generate national or
regional economic, mobility, or safety benefits;
``(B) the project is in need of significant Federal
funding;
``(C) the project will be cost-effective;
``(D) with respect to related non-Federal financial
commitments, 1 or more stable and dependable sources of
funding and financing are available--
``(i) to construct, operate, and maintain
the project; and
``(ii) to cover cost increases; and
``(E) the applicant has, or will have, sufficient
legal, financial, and technical capacity to carry out
the project.
``(2) Evaluation criteria.--In awarding a grant under the
program, the Secretary shall evaluate--
``(A) the extent to which a project supports
achieving a state of good repair for each existing
asset to be improved by the project;
``(B) the level of benefits a 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 applicable asset;
``(iii) safety benefits, including the
reduction of serious injuries and fatalities
and related costs;
``(iv) improved person or freight
throughput, including improved mobility and
reliability; and
``(v) environmental benefits and health
impacts, such as--
``(I) reductions in greenhouse gas
emissions;
``(II) air quality benefits;
``(III) preventing stormwater
runoff that would be a detriment to
aquatic species; and
``(IV) improved infrastructure
resilience;
``(C) the benefits of the project, as compared to
the costs of the project;
``(D) the number of persons or volume of freight,
as applicable, supported by the project; and
``(E) national and regional economic benefits of
the project, including with respect to short- and long-
term job access, growth, or creation.
``(3) Additional considerations.--In selecting projects to
receive grants under the program, the Secretary shall take into
consideration--
``(A) contributions to geographical diversity among
grant recipients, including a balance between the needs
of rural and urban communities;
``(B) whether multiple States would benefit from a
project;
``(C) whether, and the degree to which, a project
uses--
``(i) construction materials or approaches
that have--
``(I) demonstrated reductions in
greenhouse gas emissions; or
``(II) reduced the need for
maintenance of other projects; or
``(ii) technologies that will allow for
future connectivity and automation;
``(D) whether a project would benefit--
``(i) a historically disadvantaged
community or population; or
``(ii) an area of persistent poverty;
``(E) whether a project benefits users of multiple
modes of transportation, including--
``(i) pedestrians;
``(ii) bicyclists; and
``(iii) users of nonvehicular rail and
public transportation, including intercity and
commuter rail; and
``(F) whether a project improves connectivity
between modes of transportation moving persons or goods
nationally or regionally.
``(4) Ratings.--
``(A) In general.--In evaluating applications for a
grant under the program, the Secretary shall assign the
project proposed in the application a rating described
in subparagraph (B), based on the information contained
in the applicable notice published under paragraph (5).
``(B) Ratings.--
``(i) Highly recommended.--The Secretary
shall assign a rating of `highly recommended'
to projects that, in the determination of the
Secretary--
``(I) are exemplary projects of
national or regional significance; and
``(II) would provide significant
public benefit, as determined based on
the applicable criteria described in
this subsection, if funded under the
program.
``(ii) Recommended.--The Secretary shall
assign a rating of `recommended' to projects
that, in the determination of the Secretary--
``(I) are of national or regional
significance; and
``(II) would provide public
benefit, as determined based on the
applicable criteria described in this
subsection, if funded under the
program.
``(iii) Not recommended.--The Secretary
shall assign a rating of `not recommended' to
projects that, in the determination of the
Secretary, should not receive a grant under the
program, based on the applicable criteria
described in this subsection.
``(C) Technical assistance.--
``(i) In general.--On request of an
eligible entity that submitted an application
under subsection (c) for a project that is not
selected to receive a grant under the program,
the Secretary shall provide to the eligible
entity technical assistance and briefings
relating to the project.
``(ii) Treatment.--Technical assistance
provided under this subparagraph shall not be
considered a guarantee of future selection of
the applicable project under the program.
``(5) Publication of project evaluation and selection
criteria.--Not later than 90 days after the date of enactment
of this chapter, the Secretary shall publish and make publicly
available on the website of the Department a notice that
contains a detailed explanation of--
``(A) the method by which the Secretary will
determine whether a project satisfies the applicable
requirements described in paragraph (1);
``(B) any additional ratings the Secretary may
assign to determine the means by which a project
addresses the selection criteria and additional
considerations described in paragraphs (2) and (3); and
``(C) the means by which the project requirements
and ratings referred to in subparagraphs (A) and (B)
will be used to assign an overall rating for the
project under paragraph (4).
``(6) Project selection priority.--In awarding grants under
the program, the Secretary shall give priority to projects to
which the Secretary has assigned a rating of `highly
recommended' under paragraph (4)(B)(i).
``(g) Data Collection and Analysis.--
``(1) Plan.--
``(A) In general.--An eligible entity seeking a
grant under the program shall submit to the Secretary,
together with the grant application, a plan for the
collection and analysis of data to identify in
accordance with the framework established under
paragraph (2)--
``(i) the impacts of the project; and
``(ii) the accuracy of any forecast
prepared during the development phase of the
project and included in the grant application.
``(B) Contents.--A plan under subparagraph (A)
shall include--
``(i) an approach to measuring--
``(I) the criteria described in
subsection (f)(2); and
``(II) if applicable, the
additional requirements described in
subsection (f)(3);
``(ii) an approach for analyzing the
consistency of predicted project
characteristics with actual outcomes; and
``(iii) any other elements that the
Secretary determines to be necessary.
``(2) Framework.--The Secretary may publish a standardized
framework for the contents of the plans under paragraph (1),
which may include, as appropriate--
``(A) standardized forecasting and measurement
approaches;
``(B) data storage system requirements; and
``(C) any other requirements the Secretary
determines to be necessary to carry out this section.
``(3) Multiyear grant agreements.--The Secretary shall
require an eligible entity, as a condition of receiving funding
pursuant to a multiyear grant agreement under the program, to
collect additional data to measure the impacts of the project
and to accurately track improvements made by the project, in
accordance with a plan described in paragraph (1).
``(4) Reports.--
``(A) Project baseline.--Before the date of
completion of a project for which a grant is provided
under the program, the eligible entity carrying out the
project shall submit to the Secretary a report
providing baseline data for the purpose of analyzing
the long-term impact of the project in accordance with
the framework established under paragraph (2).
``(B) Updated report.--Not later than 6 years after
the date of completion of a project for which a grant
is provided under the program, the eligible entity
carrying out the project shall submit to the Secretary
a report that compares the baseline data included in
the report under subparagraph (A) to project data
collected during the period--
``(i) beginning on the date that is 5 years
after the date of completion of the project;
and
``(ii) ending on the date on which the
updated report is submitted.
``(h) Eligible Project Costs.--
``(1) In general.--An eligible entity may use a grant
provided under the program for--
``(A) development-phase activities and costs,
including planning, feasibility analysis, revenue
forecasting, alternatives analysis, data collection and
analysis, environmental review and activities to
support environmental review, preliminary engineering
and design work, and other preconstruction activities,
including the preparation of a data collection and
post-construction analysis plan under subsection (g);
and
``(B) construction, reconstruction, rehabilitation,
acquisition of real property (including land relating
to the project and improvements to that land),
environmental mitigation (including projects to replace
or rehabilitate culverts or reduce stormwater runoff
for the purpose of improving habitat for aquatic
species), construction contingencies, acquisition of
equipment, protection, and operational improvements
directly relating to the project.
``(2) Interest and other financing costs.--The interest and
other financing costs of carrying out any part of a project
under a multiyear grant agreement within a reasonable period of
time shall be considered to be an eligible project cost only if
the applicable eligible entity certifies to the Secretary that
the eligible entity has demonstrated reasonable diligence in
seeking the most favorable financing terms.
``(i) Cost Sharing.--
``(1) In general.--The total amount awarded for a project
under the program may not exceed 60 percent of the total
eligible project costs described in subsection (h).
``(2) Maximum federal involvement.--
``(A) In general.--Subject to subparagraph (B),
Federal assistance other than a grant awarded under the
program may be provided for a project for which a grant
is awarded under the program.
``(B) Limitation.--The total amount of Federal
assistance provided for a project for which a grant is
awarded under the program shall not exceed 80 percent
of the total cost of the project.
``(C) Non-federal share.--Secured loans or
financing provided under section 603 of title 23 or
section 22402 of this title and repaid with local funds
or revenues shall be considered to be part of the local
share of the cost of a project.
``(3) Application to multiyear agreements.--Notwithstanding
any other provision of this title, in any case in which amounts
are provided under the program pursuant to a multiyear
agreement, the disbursed Federal share of the cost of the
project may exceed the limitations described in paragraphs (1)
and (2)(B) for 1 or more years if the total amount of the
Federal share of the cost of the project, once completed, does
not exceed those limitations.
``(j) Grant Agreements.--
``(1) In general.--A project for which an eligible entity
receives a multiyear grant under the program shall be carried
out in accordance with this subsection.
``(2) Terms.--A multiyear grant agreement under this
subsection shall--
``(A) establish the terms of Federal participation
in the applicable project;
``(B) establish the maximum 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;
``(D) describe the period of time for completing
the project, regardless of whether that period extends
beyond the period of an authorization; and
``(E) facilitate timely and efficient management of
the applicable project by the eligible entity carrying
out the project, in accordance with applicable law.
``(3) Special rules.--
``(A) In general.--A multiyear grant agreement
under this subsection--
``(i) shall provide for the obligation of
an amount of available budget authority
specified in law;
``(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;
and
``(iii) shall provide that any funds
disbursed under the program for the project
before the completion of any review required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) may only cover
costs associated with development-phase
activities described in subsection (h)(1)(A).
``(B) Contingent commitment.--A contingent
commitment under this paragraph is not an obligation of
the Federal Government, including for purposes of
section 1501 of title 31.
``(4) Single-year grants.--The Secretary may only provide
to an eligible entity a full grant under the program in a
single year if all reviews required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to the applicable project have been completed before
the receipt of any program funds.
``(k) Congressional Notification.--
``(1) In general.--Not later than 30 days before the date
on which the Secretary publishes the selection of projects to
receive grants under the program, the Secretary 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 written notice that
includes--
``(A) a list of all project applications reviewed
by the Secretary as part of the selection process;
``(B) the rating assigned to each project under
subsection (f)(4);
``(C) an evaluation and justification with respect
to each project for which the Secretary will--
``(i) provide a grant under the program;
and
``(ii) enter into a multiyear grant
agreement under the program;
``(D) a description of the means by which the
Secretary anticipates allocating among selected
projects the amounts made available to the Secretary to
carry out the program; and
``(E) anticipated funding levels required for the 3
fiscal years beginning after the date of submission of
the notice for projects selected for grants under the
program, based on information available to the
Secretary as of that date.
``(2) Congressional disapproval.--The Secretary may not
provide a grant or any other obligation or commitment to fund a
project under the program if a joint resolution is enacted
disapproving funding for the project before the last day of the
30-day period described in paragraph (1).
``(l) Reports.--
``(1) Transparency.--Not later than 60 days after the date
on which the grants are announced under the program, the
Secretary shall publish on the website of the Department a
report that includes--
``(A) a list of all project applications reviewed
by the Secretary as part of the selection process under
the program;
``(B) the rating assigned to each project under
subsection (f)(4); and
``(C) a description of each project for which a
grant has been provided under the program.
``(2) Comptroller general.--
``(A) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
administrative establishment, solicitation, selection,
and justification process with respect to the funding
of grants under the program.
``(B) Report.--Not later than 18 months after the
date on which the initial grants are awarded for
projects under the program, the Comptroller General
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes, as
applicable--
``(i) the adequacy and fairness of the
process by which the projects were selected;
and
``(ii) the justification and criteria used
for the selection of the projects.
``(m) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out the program $2,000,000,000 for
each of fiscal years 2022 through 2026.
``(2) Other projects.--Of the amounts made available under
paragraph (1), 50 percent shall be set aside for projects that
have a project cost of--
``(A) more than $100,000,000; but
``(B) less than $500,000,000.
``(3) Administrative expenses.--Of the amounts made
available to carry out the program for each fiscal year, the
Secretary may reserve not more than 2 percent for the costs
of--
``(A) administering and overseeing the program; and
``(B) hiring personnel for the program, including
personnel dedicated to processing permitting and
environmental review issues.
``(4) Transfer of authority.--The Secretary may transfer
any portion of the amounts reserved under paragraph (3) for a
fiscal year to the Administrator of any of the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration, or the Maritime Administration to
award and oversee grants in accordance with this section.
``(n) Additional Requirements.--Each project that receives a grant
under the program shall achieve compliance with the applicable
requirements of--
``(1) title 23 relating to highway, road, and bridge
projects;
``(2) subchapter IV of chapter 31 of title 40;
``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.);
``(4) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(5) chapter 53 relating to transit projects; and
``(6) section 22905, relating to rail projects.''.
SEC. 1202. LOCAL AND REGIONAL PROJECT ASSISTANCE.
(a) In General.--Chapter 67 of subtitle III of title 49, United
States Code (as added by section 1201), is amended by adding at the end
the following:
``Sec. 6702. Local and regional project assistance
``(a) Definitions.--In this section:
``(1) Area of persistent poverty.--The term `area of
persistent poverty' means--
``(A) any county (or equivalent jurisdiction) in
which, during the 30-year period ending on the date of
enactment of this chapter, 20 percent or more of the
population continually lived in poverty, as measured
by--
``(i) the 1990 decennial census;
``(ii) the 2000 decennial census; and
``(iii) the most recent annual small area
income and poverty estimate of the Bureau of
the Census;
``(B) any census tract with a poverty rate of not
less than 20 percent, as measured by the 5-year data
series available from the American Community Survey of
the Bureau of the Census for the period of 2014 through
2018; and
``(C) any territory or possession of the United
States.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) the District of Columbia;
``(C) any territory or possession of the United
States;
``(D) a unit of local government;
``(E) a public agency or publicly chartered
authority established by 1 or more States;
``(F) a special purpose district or public
authority with a transportation function, including a
port authority;
``(G) a federally recognized Indian Tribe or a
consortium of such Indian Tribes;
``(H) a transit agency; and
``(I) a multi-State or multijurisdictional group of
entities described in any of subparagraphs (A) through
(H).
``(3) Eligible project.--The term `eligible project'
means--
``(A) a highway or bridge project eligible for
assistance under title 23;
``(B) a public transportation project eligible for
assistance under chapter 53;
``(C) a passenger rail or freight rail
transportation project eligible for assistance under
this title;
``(D) a port infrastructure investment, including--
``(i) inland port infrastructure; and
``(ii) a land port-of-entry;
``(E) the surface transportation components of an
airport project eligible for assistance under part B of
subtitle VII;
``(F) a project for investment in a surface
transportation facility located on Tribal land, the
title or maintenance responsibility of which is vested
in the Federal Government;
``(G) a project to replace or rehabilitate a
culvert or prevent stormwater runoff for the purpose of
improving habitat for aquatic species that will advance
the goal of the program described in subsection (b)(2);
and
``(H) any other surface transportation
infrastructure project that the Secretary considers to
be necessary to advance the goal of the program.
``(4) Program.--The term `program' means the Local and
Regional Project Assistance Program established under
subsection (b)(1).
``(5) Rural area.--The term `rural area' means an area that
is located outside of an urbanized area.
``(6) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(7) Urbanized area.--The term `urbanized area' means an
area with a population of more than 200,000 residents, based on
the most recent decennial census.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish and carry
out a program, to be known as the `Local and Regional Project
Assistance Program', to provide for capital investments in
surface transportation infrastructure.
``(2) Goal.--The goal of the program shall be to fund
eligible projects that will have a significant local or
regional impact and improve transportation infrastructure.
``(c) Grants.--
``(1) In general.--In carrying out the program, the
Secretary may make grants to eligible entities, on a
competitive basis, in accordance with this section.
``(2) Amount.--Except as otherwise provided in this
section, each grant made under the program shall be in an
amount equal to--
``(A) not less than $5,000,000 for an urbanized
area;
``(B) not less than $1,000,000 for a rural area;
and
``(C) not more than $25,000,000.
``(3) Limitation.--Not more than 15 percent of the funds
made available to carry out the program for a fiscal year may
be awarded to eligible projects in a single State during that
fiscal year.
``(4) Study.--Not later than 1 year after the date of
enactment of this section, the Comptroller General of the
United States shall conduct, and 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 the results of, a study of
how changes to Federal share matching requirements and
selection criteria, such as using State population data in
Department of Transportation discretionary programs, may impact
the allocations made to States.
``(d) Selection of Eligible Projects.--
``(1) Notice of funding opportunity.--Not later than 60
days after the date on which funds are made available to carry
out the program, the Secretary shall publish a notice of
funding opportunity for the funds.
``(2) Applications.--To be eligible to receive a grant
under the program, an eligible entity shall submit to the
Secretary an application--
``(A) in such form and containing such information
as the Secretary considers to be appropriate; and
``(B) by such date as the Secretary may establish,
subject to the condition that the date shall be not
later than 90 days after the date on which the
Secretary issues the solicitation under paragraph (1).
``(3) Primary selection criteria.--In awarding grants under
the program, the Secretary shall evaluate the extent to which a
project--
``(A) improves safety;
``(B) improves environmental sustainability;
``(C) improves the quality of life of rural areas
or urbanized areas;
``(D) increases economic competitiveness and
opportunity, including increasing tourism
opportunities;
``(E) contributes to a state of good repair; and
``(F) improves mobility and community connectivity.
``(4) Additional selection criteria.--In selecting projects
to receive grants under the program, the Secretary shall take
into consideration the extent to which--
``(A) the project sponsors collaborated with other
public and private entities;
``(B) the project adopts innovative technologies or
techniques, including--
``(i) innovative technology;
``(ii) innovative project delivery
techniques; and
``(iii) innovative project financing;
``(C) the project has demonstrated readiness;
``(D) the project is cost effective; and
``(E) the project supports travel and tourism,
including by achieving the goals of the national travel
and tourism infrastructure strategic plan developed
under section 1431(e) of the FAST Act (49 U.S.C. 301
note; Public Law 114-94).
``(5) Transparency.--
``(A) In general.--The Secretary, shall evaluate,
through a methodology that is discernible and
transparent to the public, the means by which each
application submitted under paragraph (2) addresses the
criteria under paragraphs (3) and (4) or otherwise
established by the Secretary.
``(B) Publication.--The methodology under
subparagraph (A) shall be published by the Secretary as
part of the notice of funding opportunity under the
program.
``(6) Awards.--Not later than 270 days after the date on
which amounts are made available to provide grants under the
program for a fiscal year, the Secretary shall announce the
selection by the Secretary of eligible projects to receive the
grants in accordance with this section.
``(7) Technical assistance.--
``(A) In general.--On request of an eligible entity
that submitted an application under paragraph (2) for a
project that is not selected to receive a grant under
the program, the Secretary shall provide to the
eligible entity technical assistance and briefings
relating to the project.
``(B) Treatment.--Technical assistance provided
under this paragraph shall not be considered a
guarantee of future selection of the applicable project
under the program.
``(e) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of an eligible project carried out
using a grant provided under the program shall not exceed 80
percent.
``(2) Exception.--The Federal share of the cost of an
eligible project carried out in a rural area, a historically
disadvantaged community, or an area of persistent poverty using
a grant under this subsection may exceed 80 percent, at the
discretion of the Secretary.
``(3) Treatment of other federal funds.--Amounts provided
under any of the following programs shall be considered to be a
part of the non-Federal share for purposes of this subsection:
``(A) The tribal transportation program under
section 202 of title 23.
``(B) The Federal lands transportation program
under section 203 of title 23.
``(C) The TIFIA program (as defined in section
601(a) of title 23).
``(D) The Railroad Rehabilitation and Improvement
Financing Program under chapter 224.
``(f) Other Considerations.--
``(1) In general.--Of the total amount made available to
carry out the program for each fiscal year--
``(A) not more than 50 percent shall be allocated
for eligible projects located in rural areas; and
``(B) not more than 50 percent shall be allocated
for eligible projects located in urbanized areas.
``(2) Historically disadvantaged communities and areas of
persistent poverty.--Of the total amount made available to
carry out the program for each fiscal year, not less than 1
percent shall be awarded for projects in historically
disadvantaged communities or areas of persistent poverty.
``(3) Multimodal and geographical considerations.--In
selecting projects to receive grants under the program, the
Secretary shall take into consideration geographical and modal
diversity.
``(g) Project Planning.--Of the amounts made available to carry out
the program for each fiscal year, not less than 5 percent shall be made
available for the planning, preparation, or design of eligible
projects.
``(h) Transfer of Authority.--Of the amounts made available to
carry out the program for each fiscal year, the Secretary may transfer
not more than 2 percent for a fiscal year to the Administrator of any
of the Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration, or the Maritime
Administration to award and oversee grants and credit assistance in
accordance with this section.
``(i) Credit Program Costs.--
``(1) In general.--Subject to paragraph (2), at the request
of an eligible entity, the Secretary may use a grant provided
to the eligible entity under the program to pay the subsidy or
credit risk premium, and the administrative costs, of an
eligible project that is eligible for Federal credit assistance
under--
``(A) chapter 224; or
``(B) chapter 6 of title 23.
``(2) Limitation.--Not more than 20 percent of the funds
made available to carry out the program for a fiscal year may
be used to carry out paragraph (1).
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000,000 for each of
fiscal years 2022 through 2026, to remain available for a period of 3
fiscal years following the fiscal year for which the amounts are
appropriated.
``(k) Reports.--
``(1) Annual report.--The Secretary shall make available on
the website of the Department of Transportation at the end of
each fiscal year an annual report that describes each eligible
project for which a grant was provided under the program during
that fiscal year.
``(2) Comptroller general.--Not later than 1 year after the
date on which the initial grants are awarded for eligible
projects under the program, the Comptroller General of the
United States shall--
``(A) review the administration of the program,
including--
``(i) the solicitation process; and
``(ii) the selection process, including--
``(I) the adequacy and fairness of
the process; and
``(II) the selection criteria; and
``(B) 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 the findings of the
review under subparagraph (A), including
recommendations for improving the administration of the
program, if any.''.
(b) Clerical Amendment.--The analysis for subtitle III of title 49,
United States Code, is amended by adding at the end the following:
``CHAPTER 67--National Infrastructure Investments
``Sec. 6701. National infrastructure project assistance.
``Sec. 6702. Local and regional project assistance.''.
SEC. 1203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION GRANT
PROGRAM.
(a) In General.--Chapter 67 of title 49, United States Code (as
amended by section 1202(a)), is amended by adding at the end the
following:
``Sec. 6703. National culvert removal, replacement, and restoration
grant program
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the United States Fish and Wildlife Service.
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Program.--The term `program' means the annual
competitive grant program established under subsection (b).
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(5) Undersecretary.--The term `Undersecretary' means the
Undersecretary of Commerce for Oceans and Atmosphere.
``(b) Establishment.--The Secretary, in consultation with the
Undersecretary, shall establish an annual competitive grant program to
award grants to eligible entities for projects for the replacement,
removal, and repair of culverts or weirs that--
``(1) would meaningfully improve or restore fish passage
for anadromous fish; and
``(2) with respect to weirs, may include--
``(A) infrastructure to facilitate fish passage
around or over the weir; and
``(B) weir improvements.
``(c) Eligible Entities.--An entity eligible to receive a grant
under the program is--
``(1) a State;
``(2) a unit of local government; or
``(3) an Indian Tribe.
``(d) Grant Selection Process.--The Secretary, in consultation with
the Undersecretary and the Director, shall establish a process for
determining criteria for awarding grants under the program, subject to
subsection (e).
``(e) Prioritization.--The Secretary, in consultation with the
Undersecretary and the Director, shall establish procedures to
prioritize awarding grants under the program to--
``(1) projects that would improve fish passage for--
``(A) anadromous fish stocks listed as an
endangered species or a threatened species under
section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533);
``(B) anadromous fish stocks identified by the
Undersecretary or the Director that could reasonably
become listed as an endangered species or a threatened
species under that section;
``(C) anadromous fish stocks identified by the
Undersecretary or the Director as prey for endangered
species, threatened species, or protected species,
including Southern resident orcas (Orcinus orcas); or
``(D) anadromous fish stocks identified by the
Undersecretary or the Director as climate resilient
stocks; and
``(2) projects that would open up more than 200 meters of
upstream habitat before the end of the natural habitat.
``(f) Federal Share.--The Federal share of the cost of a project
carried out with a grant to a State or a unit of local government under
the program shall be not more than 80 percent.
``(g) Technical Assistance.--The Secretary, in consultation with
the Undersecretary and the Director, shall develop a process to provide
technical assistance to Indian Tribes and underserved communities to
assist in the project design and grant process and procedures.
``(h) Administrative Expenses.--Of the amounts made available for
each fiscal year to carry out the program, the Secretary, the
Undersecretary, and the Director may use not more than 2 percent to pay
the administrative expenses necessary to carry out this section.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program $800,000,000 for each of fiscal
years 2022 through 2026.''.
(b) Clerical Amendment.--The analysis for chapter 67 of title 49,
United States Code (as added by section 1202(b)), is amended by adding
at the end the following:
``6703. National culvert removal, replacement, and restoration grant
program.''.
SEC. 1204. NATIONALLY SIGNIFICANT MULTIMODAL FREIGHT PROJECTS.
(a) In General.--Section 117 of title 23, United States Code, is
amended--
(1) in the section heading, by inserting ``multimodal''
before ``freight'';
(2) in subsection (a)(2)--
(A) in subparagraph (C), by striking ``highway''
and inserting ``freight''; and
(B) in subparagraph (E), by striking ``highway''
and inserting ``freight'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (iii)(II), by striking ``or''
after the semicolon at the end;
(ii) in clause (iv), by striking ``and'' at
the end and inserting ``or''; and
(iii) by adding at the end the following:
``(v) a highway, bridge, or freight project
carried out on the National Multimodal Freight
Network established under section 70103 of
title 49; and''; and
(B) in paragraph (2)(A), in the matter preceding
clause (i), by striking ``$600,000,000'' and inserting
``50 percent'';
(4) in subsection (e)(1), by striking ``10 percent'' and
inserting ``not less than 15 percent'';
(5) in subsection (f)(2), by inserting ``(including a
project to replace or rehabilitate a culvert, or to reduce
stormwater runoff for the purpose of improving habitat for
aquatic species)'' after ``environmental mitigation'';
(6) in subsection (m), by striking paragraph (1) and
inserting the following:
``(1) In general.--Not later than 60 days before the date
on which a grant is provided for a project under this section,
the Secretary shall submit to the Committees on Commerce,
Science, and Transportation and Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing the proposed grant, including--
``(A) an evaluation and justification for the
applicable project; and
``(B) a description of the amount of the proposed
grant award.''; and
(7) by adding at the end the following:
``(o) Additional Authorization of Appropriations.--In addition to
amounts made available from the Highway Trust Fund, there are
authorized to be appropriated to carry out this section, to remain
available for a period of 3 fiscal years following the fiscal year for
which the amounts are appropriated--
``(1) $1,000,000,000 for fiscal year 2022;
``(2) $1,100,000,000 for fiscal year 2023;
``(3) $1,200,000,000 for fiscal year 2024;
``(4) $1,300,000,000 for fiscal year 2025; and
``(5) $1,400,000,000 for fiscal year 2026.''.
(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. Nationally significant multimodal freight and highway
projects.''.
SEC. 1205. NATIONAL MULTIMODAL COOPERATIVE FREIGHT RESEARCH PROGRAM.
(a) In General.--Chapter 702 of title 49, United States Code (as
amended by section 1106(a)), is amended by inserting after section
70204 the following:
``Sec. 70205. National multimodal cooperative freight research program
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary of Transportation (referred to
in this section as the `Secretary') shall establish and support a
national cooperative freight transportation research program.
``(b) Administration by National Academy of Sciences.--
``(1) In general.--The Secretary shall enter into an
agreement with the National Academy of Sciences to support and
carry out administrative and management activities under the
program established under subsection (a).
``(2) Advisory committee.--To assist the National Academy
of Sciences in carrying out this subsection, the National
Academy shall establish an advisory committee, the members of
which represent a cross-section of multimodal freight
stakeholders, including--
``(A) the Department of Transportation and other
relevant Federal departments and agencies;
``(B) State (including the District of Columbia)
departments of transportation;
``(C) units of local government, including public
port authorities;
``(D) nonprofit entities;
``(E) institutions of higher education;
``(F) labor organizations representing employees in
freight industries; and
``(G) private sector entities representing various
transportation modes.
``(c) Activities.--
``(1) National research agenda.--
``(A) In general.--The advisory committee
established under subsection (b)(2), in consultation
with interested parties, shall recommend a national
research agenda for the program in accordance with
subsection (d), which shall include a multiyear
strategic plan.
``(B) Action by interested parties.--For purposes
of subparagraph (A), an interested party may--
``(i) submit to the advisory committee
research proposals;
``(ii) participate in merit reviews of
research proposals and peer reviews of research
products; and
``(iii) receive research results.
``(2) Research contracts and grants.--
``(A) In general.--The National Academy of Sciences
may award research contracts and grants under the
program established under subsection (a) through--
``(i) open competition; and
``(ii) merit review, conducted on a regular
basis.
``(B) Evaluation.--
``(i) Peer review.--A contract or grant for
research under subparagraph (A) may allow peer
review of the research results.
``(ii) Programmatic evaluations.--The
National Academy of Sciences may conduct
periodic programmatic evaluations on a regular
basis of a contract or grant for research under
subparagraph (A).
``(C) Dissemination of findings.--The National
Academy of Sciences shall disseminate the findings of
any research conducted under this paragraph to relevant
researchers, practitioners, and decisionmakers
through--
``(i) conferences and seminars;
``(ii) field demonstrations;
``(iii) workshops;
``(iv) training programs;
``(v) presentations;
``(vi) testimony to government officials;
``(vii) publicly accessible websites;
``(viii) publications for the general
public; and
``(ix) other appropriate means.
``(3) Report.--Not later than 1 year after the date of
establishment of the program under subsection (a), and annually
thereafter, the Secretary shall make available on a public
website a report that describes the ongoing research and
findings under the program.
``(d) Areas for Research.--The national research agenda under
subsection (c)(1) shall consider research in the following areas:
``(1) Improving the efficiency and resiliency of freight
movement, including--
``(A) improving the connections between rural areas
and domestic and foreign markets;
``(B) maximizing infrastructure utility, including
improving urban curb-use efficiency;
``(C) quantifying the national impact of blocked
railroad crossings;
``(D) improved techniques for estimating and
quantifying public benefits derived from freight
transportation projects; and
``(E) low-cost methods to reduce congestion at
bottlenecks.
``(2) Adapting to future trends in freight, including--
``(A) considering the impacts of e-commerce;
``(B) automation; and
``(C) zero-emissions transportation.
``(3) Workforce considerations in freight, including--
``(A) diversifying the freight transportation
industry workforce; and
``(B) creating and transitioning a workforce
capable of designing, deploying, and operating emerging
technologies.
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section shall be up to 100
percent.
``(2) Use of non-federal funds.--In addition to using funds
made available to carry out this section, the National Academy
of Sciences may seek and accept additional funding from public
and private entities capable of accepting funding from the
Department of Transportation, States, units of local
government, nonprofit entities, and the private sector.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $3,750,000 for each fiscal year to carry
out the program established under subsection (a), to remain available
until expended.
``(g) Sunset.--The program established under subsection (a) shall
terminate 5 years after the date of enactment of this section.''.
(b) Clerical Amendment.--The analysis for chapter 702 of title 49,
United States Code (as amended by section 1106(b)), is amended by
inserting after the item relating to section 70204 the following:
``70205. National multimodal cooperative freight research program.''.
SEC. 1206. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT.
(a) Definitions.--In this section:
(1) Build america bureau.--The term ``Build America
Bureau'' means the National Surface Transportation and
Innovative Finance Bureau established under section 116 of
title 49, United States Code.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of local government or political
subdivision that is located outside of an urbanized
area with a population of more than 150,000 residents,
as determined by the Bureau of the Census;
(B) a State seeking to advance a project located in
an area described in subparagraph (A);
(C) a federally recognized Indian Tribe; and
(D) the Department of Hawaiian Home Lands.
(3) Eligible program.--The term ``eligible program'' means
any program described in--
(A) subparagraph (A) or (B) of section 116(d)(1) of
title 49, United States Code;
(B) section 118(d)(3)(A) of that title (as added by
section 1101(a)); or
(C) chapter 67 of that title (as added by section
1201).
(4) Pilot program.--The term ``pilot program'' means the
Rural and Tribal Assistance Pilot Program established under
subsection (b)(1).
(b) Establishment.--
(1) In general.--The Secretary shall establish within the
Build America Bureau a pilot program, to be known as the
``Rural and Tribal Assistance Pilot Program'', to provide to
eligible entities the assistance and information described in
paragraph (2).
(2) Assistance and information.--In carrying out the pilot
program, the Secretary may provide to an eligible entity the
following:
(A) Financial, technical, and legal assistance to
evaluate potential projects reasonably expected to be
eligible to receive funding or financing assistance
under an eligible program.
(B) Assistance with development-phase activities,
including--
(i) project planning;
(ii) feasibility studies;
(iii) revenue forecasting and funding and
financing options analyses;
(iv) environmental review;
(v) preliminary engineering and design
work;
(vi) economic assessments and cost-benefit
analyses;
(vii) public benefit studies;
(viii) statutory and regulatory framework
analyses;
(ix) value for money studies;
(x) evaluations of costs to sustain the
project;
(xi) evaluating opportunities for private
financing and project bundling; and
(xii) any other activity determined to be
appropriate by the Secretary.
(C) Information regarding innovative financing best
practices and case studies, if the eligible entity is
interested in using innovative financing methods.
(c) Assistance From Expert Firms.--The Secretary may retain the
services of expert firms, including counsel, in the field of municipal
and project finance to assist in providing financial, technical, and
legal assistance to eligible entities under the pilot program.
(d) Website.--
(1) Description of pilot program.--
(A) In general.--The Secretary shall make publicly
available on the website of the Department a
description of the pilot program, including--
(i) the resources available to eligible
entities under the pilot program; and
(ii) the application process established
under paragraph (2)(A).
(B) Clearinghouse.--The Secretary may establish a
clearinghouse for tools, templates, and best practices
on the page of the website of the Department that
contains the information described in subparagraph (A).
(2) Applications.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
establish a process by which an eligible entity may
submit to the Secretary an application under the pilot
program, in such form and containing such information
as the Secretary may require.
(B) Online portal.--The Secretary shall develop and
make available to the public an online portal through
which the Secretary may receive applications under
subparagraph (A), on a rolling basis.
(C) Approval.--
(i) In general.--Not later than 60 days
after the date on which the Secretary receives
a complete application under subparagraph (A),
the Secretary shall provide to each eligible
entity that submitted the application a notice
describing whether the application is approved
or disapproved.
(ii) Additional written notification.--
(I) In general.--Not later than 30
days after the date on which the
Secretary provides to an eligible
entity a notification under clause (i),
the Secretary shall provide to the
eligible entity an additional written
notification of the approval or
disapproval of the application.
(II) Disapproved applications.--If
the application of an eligible entity
is disapproved under this subparagraph,
the additional written notification
provided to the eligible entity under
subclause (I) shall include an offer
for a written or telephonic debrief by
the Secretary that will provide an
explanation of, and guidance regarding,
the reasons why the application was
disapproved.
(iii) Insufficient applications.--The
Secretary shall not approve an application
under this subparagraph if the application
fails to meet the applicable criteria
established under this section.
(3) Dashboard.--The Secretary shall publish on the website
of the Department a monthly report that includes, for each
application received under the pilot program--
(A) the type of eligible entity that submitted the
application;
(B) the location of each potential project
described in the application;
(C) a brief description of the assistance
requested;
(D) the date on which the Secretary received the
application; and
(E) the date on which the Secretary provided the
notice of approval or disapproval under paragraph
(2)(C)(i).
(e) Experts.--An eligible entity that receives assistance under the
pilot program may retain the services of an expert for any phase of a
project carried out using the assistance, including project
development, regardless of whether the expert is retained by the
Secretary under subsection (c).
(f) Funding.--
(1) In general.--For each of fiscal years 2022 through
2026, the Secretary may use to carry out the pilot program,
including to retain the services of expert firms under
subsection (c), any amount made available to the Secretary to
provide credit assistance under an eligible program that is not
otherwise obligated, subject to paragraph (2).
(2) Limitation.--The amount used under paragraph (1) to
carry out the pilot program shall be not more than--
(A) $1,600,000 for fiscal year 2022;
(B) $1,800,000 for fiscal year 2023;
(C) $2,000,000 for fiscal year 2024;
(D) $2,200,000 for fiscal year 2025; and
(E) $2,400,000 for fiscal year 2026.
(3) Geographical distribution.--Not more than 20 percent of
the funds made available to carry out the pilot program for a
fiscal year may be used for projects in a single State during
that fiscal year.
(g) Sunset.--The pilot program shall terminate on the date that is
5 years after the date of enactment of this Act.
(h) Nonapplicability.--Nothing in this section limits the ability
of the Build America Bureau or the Secretary to establish or carry out
any other assistance program under title 23 or title 49, United States
Code.
(i) Administration by Build America Bureau.--Section 116(d)(1) of
title 49, United States Code (as amended by section 1101(c)(4)), is
amended by adding at the end the following:
``(D) The Rural and Tribal Assistance Pilot Program
established under section 1206(b)(1) of the Surface
Transportation Investment Act of 2021.''.
Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms
SEC. 1301. RRIF CODIFICATION AND REFORMS.
(a) Codification of Title V of the Railroad Revitalization and
Regulatory Reform Act of 1976.--Part B of subtitle V of title 49,
United States Code, is amended--
(1) by inserting after chapter 223 the following chapter
analysis:
``Chapter 224--Railroad Rehabilitation and Improvement Financing
``Sec.
``22401. Definitions.
``22402. Direct loans and loan guarantees.
``22403. Administration of direct loans and loan guarantees.
``22404. Employee protection.
``22405. Authorization of appropriations.'';
(2) by inserting after the chapter analysis the following
section headings:
``Sec. 22401. Definitions
``Sec. 22402. Direct loans and loan guarantees
``Sec. 22403. Administration of direct loans and loan guarantees
``Sec. 22404. Employee protection'';
(3) by inserting after the section heading for section
22401, as added by paragraph (2), the text of section 501 of
the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 821);
(4) by inserting after the section heading for section
22402, as added by paragraph (2), the text of section 502 of
the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 822);
(5) by inserting after the section heading for section
22403, as added by paragraph (2), the text of section 503 of
the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 823); and
(6) by inserting after the section heading for section
22404, as added by paragraph (2), the text of section 504 of
the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 836).
(b) Conforming Repeals.--
(1) In general.--Sections 501, 502, 503, and 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821, 822, 823, and 836) are repealed.
(2) Savings provision.--The section repeals under paragraph
(1) shall not affect the rights and duties that matured under
such sections, the penalties that were incurred under such
sections, or any proceeding authorized under any such section
that commenced before the date of enactment of this Act.
(c) Definitions.--Section 22401 of title 49, United States Code, as
added by subsection (a)(2), and amended by subsection (a)(3), is
further amended--
(1) in the matter preceding paragraph (1), by striking
``For purposes of this title:'' and inserting ``In this
chapter:'';
(2) by amending paragraph (12) to read as follows:
``(12) The term `railroad' includes--
``(A) any `railroad' or `railroad carrier' (as such
terms are defined in section 20102); and
``(B) any `rail carrier' (as defined in section
24102).'';
(3) by redesignating paragraph (14) as paragraph (15); and
(4) by inserting after paragraph (13) the following:
``(14) The term `Secretary' means the Secretary of
Transportation.''.
(d) Direct Loans and Loan Guarantees.--Section 22402 of title 49,
United States Code, as added by subsection (a)(2), and amended by
subsection (a)(4), is further amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``entities
implementing'' before ``interstate compacts'';
(B) in paragraph (5)--
(i) by inserting ``entities participating
in'' before ``joint ventures''; and
(ii) by striking ``and'' at the end; and
(C) by striking paragraph (6) and inserting the
following:
``(6) limited option freight shippers that own or operate a
plant or other facility, solely for the purpose of constructing
a rail connection between a plant or facility and a railroad;
and
``(7) private entities with controlling ownership in 1 or
more freight railroads other than Class I carriers.'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Direct loans and loan guarantees
authorized under this section shall be used--
``(A) to acquire, improve, or rehabilitate
intermodal or rail equipment or facilities, including
track, components of track, cuts and fills, stations,
tunnels, bridges, yards, buildings, and shops, and
costs related to these activities, including pre-
construction costs;
``(B) to develop or establish new intermodal or
railroad facilities;
``(C) to develop landside port infrastructure for
seaports serviced by rail;
``(D) to refinance outstanding debt incurred for
the purposes described in subparagraph (A) , (B), or
(C);
``(E) to reimburse planning, permitting, and design
expenses relating to activities described in
subparagraph (A), (B), or (C); or
``(F) to finance economic development, including
commercial and residential development, and related
infrastructure and activities, that--
``(i) incorporates private investment of
greater than 20 percent of total project costs;
``(ii) is physically connected to, or is
within \1/2\ mile of, a fixed guideway transit
station, an intercity bus station, a passenger
rail station, or a multimodal station, provided
that the location includes service by a
railroad;
``(iii) demonstrates the ability of the
applicant to commence the contracting process
for construction not later than 90 days after
the date on which the direct loan or loan
guarantee is obligated for the project under
this chapter; and
``(iv) demonstrates the ability to generate
new revenue for the relevant passenger rail
station or service by increasing ridership,
increasing tenant lease payments, or carrying
out other activities that generate revenue
exceeding costs.''; and
(B) by striking paragraph (3);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``of title 49,
United States Code''; and
(B) in paragraph (5), by striking ``title 49,
United States Code,'' and inserting ``this title''
(4) in subsection (e), by amending paragraph (1) to read as
follows:
``(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 secured loan on the date of execution of the
loan agreement.'';
(5) in subsection (f)--
(A) in paragraph (3)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``An applicant may
propose and'' and inserting ``Upon
receipt of a proposal from an applicant
under this section,''; and
(II) by striking ``tangible asset''
and inserting ``collateral described in
paragraph (6)'';
(ii) in subparagraph (B)(ii), by inserting
``, including operating or tenant charges,
facility rents, or other fees paid by
transportation service providers or operators
for access to, or the use of, infrastructure,
including rail lines, bridges, tunnels, yards,
or stations'' after ``user fees'';
(iii) in subparagraph (C), by striking
``$75,000,000'' and inserting ``$150,000,000'';
and
(iv) by adding at the end the following:
``(D) Revenue from projected freight or passenger
demand for the project based on regionally developed
economic forecasts, including projections of any modal
diversion resulting from the project.''; and
(B) by adding at the end the following:
``(5) Cohorts of loans.--For any direct loan issued before
the date of enactment of the Fixing America's Surface
Transportation Act (Public Law 114-94) pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), the Secretary shall
repay the credit risk premiums of such loan, with interest
accrued thereon, not later than--
``(A) 60 days after the date of enactment of the
Surface Transportation Investment Act of 2021 if the
borrower has satisfied all obligations attached to such
loan; or
``(B) if the borrower has not yet satisfied all
obligations attached to such loan, 60 days after the
date on which all obligations attached to such loan
have been satisfied.
``(6) Collateral.--
``(A) Types of collateral.--An applicant or
infrastructure partner may propose tangible and
intangible assets as collateral, exclusive of goodwill.
The Secretary, after evaluating each such asset--
``(i) shall accept a net liquidation value
of collateral; and
``(ii) shall consider and may accept--
``(I) the market value of
collateral; or
``(II) in the case of a blanket
pledge or assignment of an entire
operating asset or basket of assets as
collateral, the market value of assets,
or, the market value of the going
concern, considering--
``(aa) inclusion in the
pledge of all the assets
necessary for independent
operational utility of the
collateral, including tangible
assets such as real property,
track and structure, motive
power, equipment and rolling
stock, stations, systems and
maintenance facilities and
intangible assets such as long-
term shipping agreements,
easements, leases and access
rights such as for trackage and
haulage;
``(bb) interchange
commitments; and
``(cc) the value of the
asset as determined through the
cost or market approaches, or
the market value of the going
concern, with the latter
considering discounted cash
flows for a period not to
exceed the term of the direct
loan or loan guarantee.
``(B) Appraisal standards.--In evaluating
appraisals of collateral under subparagraph (A), the
Secretary shall consider--
``(i) adherence to the substance and
principles of the Uniform Standards of
Professional Appraisal Practice, as developed
by the Appraisal Standards Board of the
Appraisal Foundation; and
``(ii) the qualifications of the appraisers
to value the type of collateral offered.
``(7) Repayment of credit risk premiums.--The Secretary
shall return credit risk premiums paid, and interest accrued on
such premiums, 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 Surface
Transportation Investment Act of 2021.'';
(6) in subsection (g), by amending paragraph (1) the read
as follows:
``(1) repayment of the obligation is required to be made
within a term that is not longer than the shorter of--
``(A) 75 years after the date of substantial
completion of the project;
``(B) the estimated useful life of the rail
equipment or facilities to be acquired, rehabilitated,
improved, developed, or established, subject to an
adequate determination of long-term risk; or
``(C) for projects determined to have an estimated
useful life that is longer than 35 years, the period
that is equal to the sum of--
``(i) 35 years; and
``(ii) the product of--
``(I) the difference between the
estimated useful life and 35 years;
multiplied by
``(II) 75 percent.'';
(7) in subsection (h)--
(A) in paragraph (3)(B), by striking ``section 836
of this title'' and inserting ``section 22404''; and
(B) in paragraph (4), by striking ``(b)(1)(E)'' and
inserting ``(b)(1)(F)'';
(8) in subsection (i)--
(A) by amending paragraph (4) to read as follows:
``(4) Streamlined application review process.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Surface Transportation
Investment Act of 2021, the Secretary shall implement
procedures and measures to economize and make available
an streamlined application process or processes at the
request of applicants seeking loans or loan guarantees.
``(B) Criteria.--Applicants seeking loans and loan
guarantees under this section shall--
``(i) seek a total loan or loan guarantee
value not exceeding $150,000,000;
``(ii) meet eligible project purposes
described in subparagraphs (A) and (B) of
subsection (b)(1); and
``(iii) meet other criteria considered
appropriate by the Secretary, in consultation
with the Council on Credit and Finance of the
Department of Transportation.
``(C) Expedited credit review.--The total period
between the submission of an application and the
approval or disapproval of an application for a direct
loan or loan guarantee under this paragraph may not
exceed 90 days. If an application review conducted
under this paragraph exceeds 90 days, the Secretary
shall--
``(i) provide written notice to the
applicant, including a justification for the
delay and updated estimate of the time needed
for approval or disapproval; and
``(ii) publish the notice on the dashboard
described in paragraph (5).'';
(B) in paragraph (5)--
(i) in subparagraph (E), by striking
``and'' at the end;
(ii) in subparagraph (F), by adding ``;
and'' at the end; and
(iii) by adding at the end the following:
``(G) whether the project utilized the streamlined
application process under paragraph (4).''; and
(C) by adding at the end the following:
``(6) Creditworthiness review status.--
``(A) In general.--The Secretary shall maintain
status information related to each application for a
loan or loan guarantee, which shall be provided to the
applicant upon request, including--
``(i) the total value of the proposed loan
or loan guarantee;
``(ii) the name of the applicant or
applicants submitting the application;
``(iii) the proposed capital structure of
the project to which the loan or loan guarantee
would be applied, including the proposed
Federal and non-Federal shares of the total
project cost;
``(iv) the type of activity to receive
credit assistance, including whether the
project is new construction, the rehabilitation
of existing rail equipment or facilities, or
the refinancing an existing loan or loan
guarantee;
``(v) if a deferred payment is proposed,
the length of such deferment;
``(vi) the credit rating or ratings
provided for the applicant;
``(vii) if other credit instruments are
involved, the proposed subordination
relationship and a description of such other
credit instruments;
``(viii) a schedule for the readiness of
proposed investments for financing;
``(ix) a description of any Federal permits
required, including under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and any waivers under section
5323(j) (commonly known as the `Buy America
Act');
``(x) other characteristics of the proposed
activity to be financed, borrower, key
agreements, or the nature of the credit that
the Secretary considers to be fundamental to
the creditworthiness review;
``(xi) the status of the application in the
pre-application review and selection process;
``(xii) the cumulative amounts paid by the
Secretary to outside advisors related to the
application, including financial and legal
advisors;
``(xiii) a description of the key rating
factors used by the Secretary to determine
credit risk, including--
``(I) the factors used to determine
risk for the proposed application;
``(II) an adjectival risk rating
for each identified factor, ranked as
either low, moderate, or high;
``(xiv) a nonbinding estimate of the credit
risk premium, which may be in the form of--
``(I) a range, based on the
assessment of risk factors described in
clause (xiii); or
``(II) a justification for why the
estimate of the credit risk premium
cannot be determined based on available
information; and
``(xv) a description of the key information
the Secretary needs from the applicant to
complete the credit review process and make a
final determination of the credit risk premium.
``(B) Report upon request.--The Secretary shall
provide the information described in subparagraph (A)
not later than 30 days after a request from the
applicant.
``(C) Exception.--Applications processed using the
streamlined application review process under paragraph
(4) are not subject to the requirements under this
paragraph.''; and
(9) 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 for
any grant program administered by the Secretary if such loan is
repayable from non-Federal funds.''.
(e) Administration of Direct Loans and Loan Guarantees.--Section
22403 of title 49, United States Code, as added by subsection (a)(2),
and amended by subsection (a)(5), is further amended--
(1) in subsection (a)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(1) In general.--The Secretary shall''; and
(B) by adding at the end the following:
``(2) Documentation.--An applicant meeting the size
standard for small business concerns established under section
3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) may
provide unaudited financial statements as documentation of
historical financial information if such statements are
accompanied by the applicant's Federal tax returns and Internal
Revenue Service tax verifications for the corresponding
years.''; and
(2) in subsection (m), by striking ``section 822 of this
title'' and inserting ``section 22402''.
(f) Authorization of Appropriations.--Chapter 224 of title 49,
United States Code, as added by subsection (a), and amended by
subsections (b) through (e), is further amended by adding at the end
the following:
``Sec. 22405. Authorization of appropriations.
``(a) Authorization.--
``(1) In general.--There is authorized to be appropriated
for credit assistance under this chapter, which shall be
provided at the discretion of the Secretary, $50,000,000 for
each of fiscal years 2022 through 2026.
``(2) Refund of premium.--There is authorized to be
appropriated to the Secretary $70,000,000 to repay the credit
risk premium in accordance with section 22402(f)(5).
``(3) Availability.--Amounts appropriated pursuant to this
subsection shall remain available until expended.
``(b) Use of Funds.--
``(1) In general.--Credit assistance provided under
subsection (a) may not exceed $20,000,000 for any loan or loan
guarantee.
``(2) Administrative costs.--Not less than 3 percent of the
amounts appropriated pursuant to subsection (a) in each fiscal
year shall be made available to the Secretary for use in place
of charges collected under section 22403(l)(1) for passenger
railroads and freight railroads other than Class I carriers.
``(3) Short line set-aside.--Not less than 50 percent of
the amounts appropriated pursuant to subsection (a)(1) for each
fiscal year shall be set aside for freight railroads other than
Class I carriers.''.
(g) Clerical Amendment.--The analysis for title 49, United States
Code, is amended by inserting after the item relating to chapter 223
the following:
``224 . Railroad rehabilitation and improvement financing... 22401''.
(h) Technical and Conforming Amendments.--
(1) National trails system act.--Section 8(d) of the
National Trails System Act (16 U.S.C. 1247(d)) is amended by
inserting ``(45 U.S.C. 801 et seq.) and chapter 224 of title
49, United States Code'' after ``1976''.
(2) Passenger rail reform and investment act.--Section
11315(c) of the Passenger Rail Reform and Investment Act of
2015 (23 U.S.C. 322 note; Public Law 114-94) is amended by
striking ``sections 502 and 503 of the Railroad Revitalization
and Regulatory Reform Act of 1976'' and inserting ``sections
22402 and 22403 of title 49, United States Code''.
(3) Provisions classified in title 45, united states
code.--
(A) Railroad revitalization and regulatory reform
act of 1976.--Section 101 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 801) is amended--
(i) in subsection (a), in the matter
preceding paragraph (1), by striking ``It is
the purpose of the Congress in this Act to''
and inserting ``The purpose of this Act and
chapter 224 of title 49, United States Code, is
to''; and
(ii) in subsection (b), in the matter
preceding paragraph (1), by striking ``It is
declared to be the policy of the Congress in
this Act'' and inserting ``The policy of this
Act and chapter 224 of title 49, United States
Code, is''.
(B) Railroad infrastructure financing improvement
act.--The Railroad Infrastructure Financing Improvement
Act (subtitle F of title XI of Public Law 114-94)--
(i) in section 11607(b) (45 U.S.C. 821
note), by striking ``All provisions under
sections 502 through 504 of the Railroad
Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 801 et seq.)'' and inserting
``All provisions under section 22402 through
22404 of title 49, United States Code,''; and
(ii) in section 11610(b) (45 U.S.C. 821
note), by striking ``section 502(f) of the
Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 822(f)), as amended by
section 11607 of this Act'' and inserting
``section 22402(f) of title 49, United States
Code''.
(C) Transportation equity act for the 21st
century.--Section 7203(b)(2) of the Transportation
Equity Act for the 21st Century (Public Law 105-178; 45
U.S.C. 821 note) is amended by striking ``title V of
the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 821 et seq.)'' and inserting
``chapter 224 of title 49, United States Code,''.
(D) Hamm alert maritime safety act of 2018.--
Section 212(d)(1) of Hamm Alert Maritime Safety Act of
2018 (title II of Public Law 115-265; 45 U.S.C. 822
note) is amended, in the matter preceding subparagraph
(A), by striking ``for purposes of section 502(f)(4) of
the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 822(f)(4))'' and inserting ``for
purposes of section 22402 of title 49, United States
Code''.
(E) Milwaukee railroad restructuring act.--Section
15(f) of the Milwaukee Railroad Restructuring Act (45
U.S.C. 914(f)) is amended by striking ``Section 516 of
the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 836)'' and inserting ``Section 22404
of title 49, United States Code,''.
(F) Rock island railroad transition and employee
assistance act.--Section 104(b) of the Rock Island
Railroad Transition and Employee Assistance Act (45
U.S.C. 1003(b)) is amended--
(i) in paragraph (1)--
(I) by striking ``title V of the
Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821 et
seq.)'' and inserting ``chapter 224 of
title 49, United States Code,''; and
(II) by striking ``and section
18(b) of the Milwaukee Railroad
Restructuring Act''; and
(ii) in paragraph (2), by striking ``title
V of the Railroad Revitalization and Regulatory
Reform Act of 1976, and section 516 of such Act
(45 U.S.C. 836)'' and inserting ``chapter 224
of title 49, United States Code, including
section 22404 of such title,''.
(G) Passenger rail investment and improvement act
of 2008.--Section 205(g) of the Passenger Rail
Investment and Improvement Act of 2008 (division B of
Public Law 110-432; 49 U.S.C. 24101 note) is amended by
striking ``title V of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)''
and inserting ``chapter 224 of title 49, United States
Code''.
(H) Passenger rail reform and investment act of
2015.--Section 11311(d) of the Passenger Rail Reform
and Investment Act of 2015 (Public Law 114-94; 49
U.S.C. 20101 note) is amended by striking ``, and
section 502 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822)''.
(4) Title 49.--
(A) National surface transportation and innovative
finance bureau.--Section 116(d)(1)(B) of title 49,
United States Code, is amended by striking ``sections
501 through 503 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 821-823)'' and
inserting ``sections 22401 through 22403''.
(B) Prohibited discrimination.--Section 306(b) of
title 49, United States Code, is amended--
(i) by striking ``chapter 221 or 249 of
this title,'' and inserting ``chapter 221, 224,
or 249 of this title, or''; and
(ii) by striking ``, or title V of the
Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 821 et seq.)''.
(C) Grant conditions.--Section 22905(c)(2)(B) of
title 49, United States Code, is amended by striking
``section 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 836)'' and
inserting ``section 22404''.
(D) Amtrak authority.--Section 24903 of title 49,
United States Code, is amended--
(i) in subsection (a)(6), by striking ``and
the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 801 et seq.)''
and inserting ``, the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C.
801 et seq.), and chapter 224 of this title'';
and
(ii) in subsection (c)(2), by striking
``and the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 801 et
seq.)'' and inserting ``, the Railroad
Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 801 et seq.), and chapter 224
of this title''.
SEC. 1302. SUBSTANTIVE CRITERIA AND STANDARDS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall update the publicly available credit program guide
in accordance with the provisions of chapter 224 of title 49, United
States Code, as added by section 1301.
SEC. 1303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED DEVELOPMENT
ELIGIBILITY.
Not later than 6 months after the date of enactment of this Act,
and every 6 months thereafter, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that identifies--
(1) the number of applications submitted to the Department
for a direct loan or loan guarantee under section
22402(b)(1)(E) of title 49, United States Code, as amended by
section 1301;
(2) the number of such loans or loan guarantees that were
provided to the applicants; and
(3) for each such application, the reasons for providing or
declining to provide the requested loan or loan guarantee.
TITLE II--RAIL
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Passenger Rail Expansion and Rail
Safety Act of 2021''.
Subtitle A--Authorization of Appropriations
SEC. 2101. GRANTS TO AMTRAK.
(a) Northeast Corridor.--There are authorized to be appropriated to
the Secretary for grants to Amtrak for activities associated with the
Northeast Corridor the following amounts:
(1) For fiscal year 2022, $1,570,000,000.
(2) For fiscal year 2023, $1,100,000,000.
(3) For fiscal year 2024, $1,200,000,000.
(4) For fiscal year 2025, $1,300,000,000.
(5) For fiscal year 2026, $1,400,000,000.
(b) National Network.--There are authorized to be appropriated to
the Secretary for grants to Amtrak for activities associated with the
National Network the following amounts:
(1) For fiscal year 2022, $2,300,000,000.
(2) For fiscal year 2023, $2,200,000,000.
(3) For fiscal year 2024, $2,450,000,000.
(4) For fiscal year 2025, $2,700,000,000.
(5) For fiscal year 2026, $3,000,000,000.
(c) Oversight.--The Secretary may withhold up to 0.5 percent from
the amount appropriated for each fiscal year pursuant to subsections
(a) and (b) for the costs of oversight of Amtrak.
(d) State-Supported Route Committee.--The Secretary may withhold up
to $3,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (b) for use by the State-Supported Route
Committee established under section 24712(a) of title 49, United States
Code.
(e) Northeast Corridor Commission.--The Secretary may withhold up
to $6,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (a) for use by the Northeast Corridor Commission
established under section 24905(a) of title 49, United States Code.
(f) Interstate Rail Compacts.--The Secretary may withhold up to
$3,000,000 from the amount appropriated for each fiscal year pursuant
to subsection (b) for grants authorized under section 22910 of title
49, United States Code.
(g) Accessibility Upgrades.--
(1) In general.--The Secretary shall withhold $50,000,000
from the amount appropriated for each fiscal year pursuant to
subsections (a) and (b) for grants to assist Amtrak in
financing capital projects to upgrade the accessibility of the
national rail passenger transportation system by increasing the
number of existing facilities that are compliant with the
requirements under the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) until the Secretary determines
Amtrak's existing facilities are in compliance with such
requirements.
(2) Savings provision.--Nothing in paragraph (1) may be
construed to prevent Amtrak from using additional funds
appropriated pursuant to this section to carry out the
activities authorized under such paragraph.
(h) Corridor Development.--In addition to the activities authorized
under subsection (b), Amtrak may use up to 10 percent of the amounts
appropriated under subsection (b) in each fiscal year to support
Amtrak-operated corridors selected under section 2306 for--
(1) planning and capital costs; and
(2) operating assistance consistent with the Federal
funding limitations under section 22908 of title 49, United
States Code.
SEC. 2102. FEDERAL RAILROAD ADMINISTRATION.
(a) Safety and Operations.--There are authorized to be appropriated
to the Secretary for the operations of the Federal Railroad
Administration and to carry out railroad safety activities the
following amounts:
(1) For fiscal year 2022, $248,000,000.
(2) For fiscal year 2023, $254,000,000.
(3) For fiscal year 2024, $263,000,000.
(4) For fiscal year 2025, $271,000,000.
(5) For fiscal year 2026, $279,000,000.
(b) Railroad Research and Development.--There are authorized to be
appropriated to the Secretary for the use of the Federal Railroad
Administration for activities associated with railroad research and
development the following amounts:
(1) For fiscal year 2022, $43,000,000.
(2) For fiscal year 2023, $44,000,000.
(3) For fiscal year 2024, $45,000,000.
(4) For fiscal year 2025, $46,000,000.
(5) For fiscal year 2026, $47,000,000.
(c) Transportation Technology Center.--The Secretary may withhold
up to $3,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (b) for activities authorized under section
20108(d) of title 49, United States Code.
(d) Rail Research and Development Center of Excellence.--The
Secretary may withhold up to 10 percent of the amount appropriated for
each fiscal year under subsection (b) for grants authorized under
section 20108(j) of title 49, United States Code.
SEC. 2103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 22907 of title 49, United States
Code, $1,000,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 2 percent from the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 2104. RAILROAD CROSSING ELIMINATION PROGRAM.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 22909 of title 49, United States
Code, as added by section 2305, $500,000,000 for each of fiscal years
2022 through 2026.
(b) Planning Projects.--Not less than 3 percent of the amount
appropriated in each fiscal year pursuant to subsection (a) year shall
be used for planning projects described in section 22909(d)(6) of title
49, United States Code.
(c) Highway-rail Grade Crossing Safety Information and Education
Program.--Of the amount appropriated under subsection (a) in each
fiscal year, 0.25 percent shall be used for contracts or grants to
carry out a highway-rail grade crossing safety information and
education program--
(1) to help prevent and reduce pedestrian, motor vehicle,
and other accidents, incidents, injuries, and fatalities; and
(2) to improve awareness along railroad rights-of-way and
at highway-rail grade crossings.
(d) Oversight.--The Secretary may withhold up to 2 percent from the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 2105. RESTORATION AND ENHANCEMENT GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 22908 of title 49, United States
Code, $50,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 1 percent of the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 2106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 24911 of title 49, United States
Code, $1,500,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 2 percent of the
amount appropriated under subsection (a) for the costs of project
management oversight of grants authorized under title 49, United States
Code.
SEC. 2107. 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.
Subtitle B--Amtrak Reforms
SEC. 2201. AMTRAK FINDINGS, MISSION, AND GOALS.
(a) Findings.--Section 24101(a) of title 49, United States Code, is
amended--
(1) in paragraph (1), by striking ``between crowded urban
areas and in other areas of'' and inserting ``throughout'';
(2) in paragraph (4), 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'';
(3) in paragraph (5)--
(A) by inserting ``intercity passenger and'' before
``commuter''; and
(B) by inserting ``and rural'' after ``major
urban;'' and
(4) by adding at the end the following:
``(9) Long-distance routes are valuable resources of the United
States that are used by rural and urban communities.''.
(b) Goals.--Section 24101(c) of title 49, United States Code, is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) use its best business judgment in acting to maximize
the benefits of Federal investments, including--
``(A) offering competitive fares;
``(B) increasing revenue from the transportation of
mail and express;
``(C) offering food service that meets the needs of
its customers;
``(D) improving its contracts with rail carriers
over whose tracks Amtrak operates;
``(E) controlling or reducing management and
operating costs; and
``(F) providing economic benefits to the
communities it serves;'';
(2) in paragraph (11), by striking ``and'' at the end;
(3) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(13) support and maintain established long-distance
routes to provide value to the Nation by serving customers
throughout the United States and connecting urban and rural
communities.''.
(c) Increasing Revenues.--Section 24101(d) of title 49, United
States Code, is amended to read as follows:
``(d) Increasing Revenues.--Amtrak is encouraged to make agreements
with private sector entities and to undertake initiatives that are
consistent with good business judgment and designed to generate
additional revenues to advance the goals described in subsection
(c).''.
SEC. 2202. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.
(a) Selection; Composition; Chair.--Section 24302(a) of title 49,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``President''
and inserting ``Chief Executive Officer''; and
(B) in subparagraph (C), by inserting ``, at least
1 of whom shall be an individual with a disability (as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102)) who has a demonstrated
history of, or experience with, accessibility,
mobility, and inclusive transportation in passenger
rail or commuter rail'' before the period at the end;
(2) in paragraph (2), by striking ``and try to provide
adequate and balanced representation of the major geographic
regions of the United States served by Amtrak'';
(3) by redesignating paragraph (5) as paragraph (7); and
(4) by striking paragraph (4) and inserting the following:
``(4) Of the individuals appointed pursuant to paragraph
(1)(C)--
``(A) 2 individuals shall reside in or near a
location served by a regularly scheduled Amtrak service
along the Northeast Corridor;
``(B) 4 individuals shall reside in or near regions
of the United States that are geographically
distributed outside of the Northeast Corridor, of
whom--
``(i) 2 individuals shall reside in States
served by a long-distance route operated by
Amtrak;
``(ii) 2 individuals shall reside in States
served by a State-supported route operated by
Amtrak; and
``(iii) an individual who resides in a
State that is served by a State-supported route
and a long-distance route may be appointed to
serve either position referred to in clauses
(i) and (ii);
``(C) 2 individuals shall reside either--
``(i) in or near a location served by a
regularly scheduled Amtrak service on the
Northeast Corridor; or
``(ii) in a State served by long-distance
or a State-supported route; and
``(D) each individual appointed to the Board
pursuant to this paragraph may only fill 1 of the
allocations set forth in subparagraphs (A) through (C).
``(5) The Board shall elect a chairperson and vice
chairperson, other than the Chief Executive Officer of Amtrak,
from among its membership. The vice chairperson shall act as
chairperson in the absence of the chairperson.
``(6) The Board shall meet at least annually with--
``(A) representatives of Amtrak employees;
``(B) representatives of persons with disabilities;
and
``(C) the general public, in an open meeting with a
virtual attendance option, to discuss financial
performance and service results.''.
(b) Rule of Construction.--None of the amendments made by
subsection (a) may be construed as affecting the term of any director
serving on the Amtrak Board of Directors under section 24302(a)(1)(C)
of title 49, United States Code, as of the date of enactment of this
Act.
SEC. 2203. STATION AGENTS.
Section 24312 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Availability of Station Agents.--
``(1) In general.--Except as provided in paragraph (2),
beginning on the date that is 1 year after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act
of 2021, Amtrak shall ensure that at least 1 Amtrak ticket
agent is employed at each station building--
``(A) that Amtrak owns, or operates service
through, as part of a long-distance or Northeast
Corridor passenger service route;
``(B) where at least 1 Amtrak ticket agent was
employed on or after October 1, 2017; and
``(C) for which an average of 40 passengers boarded
or deboarded an Amtrak train per day during all of the
days in fiscal year 2017 when the station was serviced
by Amtrak, regardless of the number of Amtrak trains
servicing the station per day.
``(2) Exception.--Paragraph (1) shall not apply to any
station building in which a commuter rail ticket agent has the
authority to sell Amtrak tickets.''.
SEC. 2204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONG-DISTANCE
ROUTES AND OTHER INTERCITY SERVICES.
(a) Amtrak Annual Operations Report.--Section 24315(a)(1) of title
49, United States Code, is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(I) any change made to a route's or service's
frequency or station stops;''.
(b) 5-year Business Line Plans.--Section 24320(b)(2) of title 49,
United States Code, is amended--
(1) by redesignating subparagraphs (B) through (L) as
subparagraphs (C) through (M), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) a detailed description of any plans to
permanently change a route's or service's frequency or
station stops for the service line;''.
SEC. 2205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING.
Section 24317 of title 49, United States Code, is amended--
(1) in subsection (a)(2), by striking ``and costs among
Amtrak business lines'' and inserting ``, including Federal
grant funds, and costs among Amtrak service lines'';
(2) by amending subsection (b) to read as follows:
``(b) Account Structure.--
``(1) In general.--The Secretary of Transportation, in
consultation with Amtrak, shall define, maintain, and
periodically update an account structure and improvements to
accounting methodologies, as necessary, to support the
Northeast Corridor and the National Network.
``(2) Notification of substantive changes.--The Secretary
shall notify the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Appropriations
of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
regarding any substantive changes made to the account
structure, including changes to--
``(A) the service lines described in section
24320(b)(1); and
``(B) the asset lines described in section
24320(c)(1).'';
(3) in subsection (c), in the matter preceding paragraph
(1), by inserting ``, maintaining, and updating'' after
``defining'';
(4) in subsection (d), in the matter preceding paragraph
(1), by inserting ``, maintaining, and updating'' after
``defining'';
(5) by amending subsection (e) to read as follows:
``(e) Implementation and Reporting.--
``(1) In general.--Amtrak, in consultation with the
Secretary of Transportation, shall maintain and implement any
account structures and improvements defined under subsection
(b) to enable Amtrak to produce sources and uses statements for
each of the service lines described in section 24320(b)(1) and,
as appropriate, each of the asset lines described in section
24320(c)(1), that identify sources and uses of revenues,
appropriations, and transfers between accounts.
``(2) Updated sources and uses statements.--Not later than
30 days after the implementation of subsection (b), and monthly
thereafter, Amtrak shall submit to the Secretary of
Transportation updated sources and uses statements for each of
the service lines and asset lines referred to in paragraph (1).
The Secretary and Amtrak may agree to a different frequency of
reporting.'';
(6) by striking subsection (h); and
(7) by redesignating subsection (i) as subsection (h).
SEC. 2206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.
(a) Allocation of Costs and Revenues.--Section 24318(a) of title
49, United States Code, is amended by striking ``Not later than 180
days after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015,''.
(b) Grant Process and Reporting.--Section 24319 of title 49, United
States Code, is amended--
(1) in the section heading, by inserting ``and reporting''
after ``process'';
(2) by amending subsection (a) to read as follows:
``(a) Procedures for Grant Requests.--The Secretary of
Transportation shall--
``(1) establish and maintain substantive and procedural
requirements, including schedules, for grant requests under
this section; and
``(2) report any changes to such procedures to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Appropriations of the
Senate;
``(C) the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(D) the Committee on Appropriations of the House
of Representatives.'';
(3) in subsection (b), by striking ``grant requests'' and
inserting ``a grant request annually, or as additionally
required,'';
(4) by amending subsection (c) to read as follows:
``(c) Contents.--
``(1) In general.--Each grant request under subsection (b)
shall, as applicable--
``(A) categorize and identify, by source, the
Federal funds and program income that will be used for
the upcoming fiscal year for each of the Northeast
Corridor and National Network in 1 of the categories or
subcategories set forth in paragraph (2);
``(B) describe the operations, services, programs,
projects, and other activities to be funded within each
of the categories set forth in paragraph (2),
including--
``(i) the estimated scope, schedule, and
budget necessary to complete each project and
program; and
``(ii) the performance measures used to
quantify expected and actual project outcomes
and benefits, aggregated by fiscal year,
project milestone, and any other appropriate
grouping; and
``(C) describe the status of efforts to improve
Amtrak's safety culture.
``(2) Grant categories.--
``(A) Operating expenses.--Each grant request to
use Federal funds for operating expenses shall--
``(i) include estimated net operating costs
not covered by other Amtrak revenue sources;
``(ii) specify Federal funding requested
for each service line described in section
24320(b)(1); and
``(iii) be itemized by route.
``(B) Debt service.--A grant request to use Federal
funds for expenses related to debt, including payment
of principle and interest, as allowed under section 205
of the Passenger Rail Investment and Improvement Act of
2008 (Public Law 110-432; 49 U.S.C. 24101 note).
``(C) Capital.--A grant request to use Federal
funds and program income for capital expenses shall
include capital projects and programs primarily
associated with--
``(i) normalized capital replacement
programs, including regularly recurring work
programs implemented on a systematic basis on
classes of physical railroad assets, such as
track, structures, electric traction and power
systems, rolling stock, and communications and
signal systems, to maintain and sustain the
condition and performance of such assets to
support continued railroad operations;
``(ii) improvement projects to support
service and safety enhancements, including
discrete projects implemented in accordance
with a fixed scope, schedule, and budget that
result in enhanced or new infrastructure,
equipment, or facilities;
``(iii) backlog capital replacement
projects, including discrete projects
implemented in accordance with a fixed scope,
schedule, and budget that primarily replace or
rehabilitate major infrastructure assets,
including tunnels, bridges, stations, and
similar assets, to reduce the state of good
repair backlog on the Amtrak network;
``(iv) strategic initiative projects,
including discrete projects implemented in
accordance with a fixed scope, schedule, and
budget that primarily improve overall
operational performance, lower costs, or
otherwise improve Amtrak's corporate
efficiency; and
``(v) statutory, regulatory, or other
legally mandated projects, including discrete
projects implemented in accordance with a fixed
scope, schedule, and budget that enable Amtrak
to fulfill specific legal or regulatory
mandates.
``(D) Contingency.--A grant request to use Federal
funds for operating and capital expense contingency
shall include--
``(i) contingency levels for specified
activities and operations; and
``(ii) a process for the utilization of
such contingency.
``(3) Modification of categories.--The Secretary of
Transportation and Amtrak may jointly agree to modify the
categories set forth in paragraph (2) if such modifications are
necessary to improve the transparency, oversight, or delivery
of projects funded through grant requests under this
section.'';
(5) in subsection (d)(1)(A)--
(A) by inserting ``complete'' after ``submits a'';
(B) by striking ``shall complete'' and inserting
``shall finish''; and
(C) in clause (ii), by striking ``incomplete or'';
(6) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``and other activities to
be funded by the grant'' and inserting
``programs, projects, and other activities to
be funded by the grant, consistent with the
categories required for Amtrak in a grant
request under subsection (c)(1)(A)''; and
(ii) by striking ``or activities'' and
inserting ``programs, projects, and other
activities''; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively;
and
(ii) by inserting before subparagraph (B),
as redesignated, the following:
``(A) using an otherwise allowable approach to the
method prescribed for a specific project or category of
projects under paragraph (2) if the Secretary and
Amtrak agree that a different payment method is
necessary to more successfully implement and report on
an operation, service, program, project, or other
activity;'';
(7) by redesignating subsection (h) as subsection (j); and
(8) by inserting after subsection (g) the following:
``(h) Applicable Laws and Regulations.--
``(1) Single audit act of 1984.--Notwithstanding section
24301(a)(3) of this title and section 7501(a)(13) of title 31,
Amtrak shall be deemed a `non-Federal entity' for purposes of
chapter 75 of title 31.
``(2) Regulations and guidance.--The Secretary of
Transportation may apply some or all of the requirements set
forth in the regulations and guidance promulgated by the
Secretary relating to the management, administration, cost
principles, and audit requirements for Federal awards.
``(i) Amtrak Grant Reporting.--The Secretary of Transportation
shall determine the varying levels of detail and information that will
be included in reports for operations, services, program, projects,
program income, cash on hand, and other activities within each of the
grant categories described in subsection (c)(2).''.
(c) Conforming Amendments.--
(1) Reports and audits.--Section 24315(b)(1) of title 49,
United States Code, is amended--
(A) in subparagraph (A), by striking ``the goal of
section 24902(b) of this title; and'' and inserting
``the goal described in section 24902(a);'';
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) shall incorporate the category described in
section 24319(c)(2)(C).''.
(2) Clerical amendment.--The analysis for chapter 243 of
title 49, United States Code, is amended by striking the item
relating to section 24319 and inserting the following:
``24319. Grant process and reporting.''.
SEC. 2207. INCREASING SERVICE LINE AND ASSET LINE PLAN TRANSPARENCY.
(a) In General.--Section 24320 of title 49, United States Code, is
amended--
(1) in the section heading, by striking ``business line and
asset plans'' and inserting ``service line and asset line
plans'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``of each year'' and
inserting ``, 2020, and biennially
thereafter'';
(ii) by striking ``5-year business line
plans and 5-year asset plans'' and inserting
``5-year service line plans and 5-year asset
line plans''; and
(iii) by adding at the end the following:
``During each year in which Amtrak is not
required to submit a plan under this paragraph,
Amtrak shall submit to Congress updated
financial sources and uses statements and
forecasts with the annual report required under
section 24315(b).''; and
(B) in paragraph (2), by striking ``asset plan
required in'' and inserting ``asset line plan required
under'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Business'' and inserting ``Service'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``business'' and inserting ``service'';
(ii) by striking ``business'' each place
such term appears and inserting ``service'';
(iii) by amending subparagraph (B) to read
as follows:
``(B) Amtrak State-supported train services.'';
(iv) in subparagraph (C), by striking
``routes'' and inserting ``train services'';
and
(v) by adding at the end the following:
``(E) Infrastructure access services for use of
Amtrak-owned or Amtrak-controlled infrastructure and
facilities.'';
(C) in paragraph (2)--
(i) in the paragraph heading, by striking
``business'' and inserting ``service'';
(ii) by striking ``business'' each place
such term appears and inserting ``service'';
(iii) in subparagraph (A), by striking
``Strategic Plan and 5-year asset plans'' and
inserting ``5-year asset line plans'';
(iv) in subparagraph (F) (as redesignated
by section 2204(b)(1)), by striking ``profit
and loss'' and inserting ``sources and uses'';
(v) by striking subparagraph (G) (as
redesignated by section 2204(b)(1));
(vi) by redesignating subparagraphs (H)
through (M) (as redesignated by section
2204(b)(1)) as subparagraphs (G) through (L),
respectively; and
(vii) by amending subparagraph (I) (as so
redesignated) to read as follows:
``(I) financial performance for each route, if
deemed applicable by the Secretary, within each service
line, including descriptions of the cash operating loss
or contribution;'';
(D) in paragraph (3)--
(i) in the paragraph heading, by striking
``business'' and inserting ``service'';
(ii) by striking ``business'' each place
such term appears and inserting ``service'';
(iii) by redesignating subparagraphs (A),
(B), (C), and (D) as clauses (i), (ii), (iii),
and (iv), respectively, and moving such clauses
2 ems to the right;
(iv) by inserting before clause (i), as
redesignated, the following:
``(A) not later than 180 days after the date of
enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021, submit to the Secretary, for
approval, a consultation process for the development of
each service line plan that requires Amtrak to--'';
(v) in subparagraph (A), as amended by
clause (iv)--
(I) in clause (iii), as
redesignated, by inserting ``and submit
the final service line plan required
under subsection (a)(1) to the State-
Supported Route Committee'' before the
semicolon at the end;
(II) in clause (iv), as
redesignated, by inserting ``and''
after the semicolon at the end; and
(III) by adding at the end the
following:
``(v) for the infrastructure access service
line plan, consult with the Northeast Corridor
Commission and other entities, as appropriate,
and submit the final asset line plan under
subsection (a)(1) to the Northeast Corridor
Commission;''; and
(vi) by redesignating subparagraphs (E) and
(F) as subparagraphs (B) and (C), respectively;
(E) by redesignating paragraph (4) as paragraph
(5); and
(F) by inserting after paragraph (3)(C), as
redesignated, the following:
``(4) 5-year service line plans updates.--Amtrak may modify
the content to be included in the service line plans described
in paragraph (1), upon the approval of the Secretary, if the
Secretary determines that such modifications are necessary to
improve the transparency, oversight, and delivery of Amtrak
services and the use of Federal funds by Amtrak.''; and
(4) in subsection (c)--
(A) in the subsection heading, by inserting
``Line'' after ``Asset'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``categories'' and inserting ``lines'';
(ii) in the matter preceding subparagraph
(A), by striking ``asset plan for each of the
following asset categories'' and inserting
``asset line plan for each of the following
asset lines'';
(iii) by redesignating subparagraphs (A),
(B), (C), and (D) as subparagraphs (B), (C),
(D), and (E), respectively;
(iv) by inserting before subparagraph (B),
as redesignated, the following:
``(A) Transportation, including activities and
resources associated with the operation and movement of
Amtrak trains, onboard services, and amenities.'';
(v) in subparagraph (B), as redesignated,
by inserting ``and maintenance-of-way
equipment'' after ``facilities''; and
(vi) in subparagraph (C), as redesignated,
by striking ``Passenger rail equipment'' and
inserting ``Equipment'';
(C) in paragraph (2)--
(i) in the paragraph heading, by inserting
``line'' after ``asset'';
(ii) in the matter preceding subparagraph
(A), by inserting ``line'' after ``asset'';
(iii) in subparagraph (A), by striking
``category'' and inserting ``line'';
(iv) in subparagraph (C)(iii)(III), by
striking ``and'' at the end;
(v) by amending subparagraph (D) to read as
follows:
``(D) annual sources and uses statements and
forecasts for each asset line; and''; and
(vi) by adding at the end the following:
``(E) other elements that Amtrak elects to
include.'';
(D) in paragraph (3)--
(i) in the paragraph heading, by inserting
``line'' after ``asset'';
(ii) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii) and moving such
clauses 2 ems to the right;
(iii) by inserting before clause (i), as
redesignated, the following:
``(A) not later than 180 days after the date of
enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021, submit to the Secretary, for
approval, a consultation process for the development of
each asset line plan that requires Amtrak to--'';
(iv) in subparagraph (A), as added by
clause (iii)--
(I) in clause (i), as
redesignated--
(aa) by striking
``business'' each place such
term appears and inserting
``service'';
(bb) by inserting ``line''
after ``asset'' each place such
term appears; and
(cc) by adding ``and'' at
the end; and
(II) in clause (ii), as
redesignated--
(aa) by inserting ``consult
with the Secretary of
Transportation in the
development of asset line plans
and,'' before ``as
applicable''; and
(bb) by inserting ``line''
after ``5-year asset'';
(v) by redesignating subparagraph (C) as
subparagraph (B); and
(vi) in subparagraph (B), as redesignated,
by striking ``category'' and inserting
``line'';
(E) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (5), (6), (7), and (8), respectively;
(F) by inserting after paragraph (3) the following:
``(4) 5-year asset line plan updates.--Amtrak may modify
the content to be included in the asset line plans described in
paragraph (1), on approval of the Secretary, if the Secretary
determines that such modifications are necessary to improve the
transparency, oversight, and delivery of Amtrak services and
the use of Federal funds by Amtrak.'';
(G) in paragraph (5)(A), as redesignated, by
inserting ``, but shall not include corporate services
(as defined pursuant to section 24317(b))'' after
``national assets''; and
(H) in paragraph (7), as redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (5)''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is amended by striking the item relating to section
24320 and inserting the following:
``24320. Amtrak 5-year service line and asset line plans.''.
(c) Effective Dates.--Section 11203(b) of the Passenger Rail Reform
and Investment Act of 2015 (49 U.S.C. 24320 note) is amended--
(1) by striking ``business'' each place such term appears
and inserting ``service''; and
(2) by inserting ``line'' after ``asset'' each place such
term appears.
SEC. 2208. PASSENGER EXPERIENCE ENHANCEMENT.
(a) In General.--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''.
(b) Food and Beverage Service Working Group.--
(1) In general.--Section 24321 of title 49, United States
Code, is amended to read as follows:
``Sec. 24321. Food and beverage service
``(a) Working Group.--
``(1) Establishment.--Not later than 180 days after
enactment of the Passenger Rail Expansion and Rail Safety Act
of 2021, Amtrak shall establish a working group to provide
recommendations to improve Amtrak's onboard food and beverage
service.
``(2) Membership.--The working group shall consist of
individuals representing--
``(A) Amtrak;
``(B) the labor organizations representing Amtrak
employees who prepare or provide on-board food and
beverage service;
``(C) nonprofit organizations representing Amtrak
passengers; and
``(D) States that are providing funding for State-
supported routes.
``(b) Report.--Not later than 1 year after the establishment of the
working group pursuant to subsection (a), the working group shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives containing
recommendations for improving Amtrak's food and beverage service,
including--
``(1) ways to improve the financial performance of Amtrak;
``(2) ways to increase and retain ridership;
``(3) the differing needs of passengers traveling on long-
distance routes, State supported routes, and the Northeast
Corridor;
``(4) Amtrak passenger survey data about the food and
beverages offered on Amtrak trains;
``(5) ways to incorporate local food and beverage items on
State-supported routes; and
``(6) any other issue that the working group determines to
be appropriate.
``(c) Implementation.--Not later than 180 days after the submission
of the report pursuant to subsection (b), Amtrak shall submit a plan
for implementing the recommendations of the working group, and an
explanation for any of the working group's recommendations it does not
agree with and does not plan on implementing to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives.
``(d) Savings Clause.--Amtrak shall ensure that no Amtrak employee
who held a position on a long distance or Northeast Corridor route as
of the date of enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021, is involuntarily separated because of the
development and implementation of the plan required under this
section.''.
(2) Clerical amendment.--The analysis for chapter 243 of
title 49, United States Code, is amended by striking the item
relating to section 24321 and inserting the following:
``24321. Food and beverage service.''.
SEC. 2209. AMTRAK SMOKING POLICY.
(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 this
section, Amtrak shall prohibit smoking, including the use of electronic
cigarettes, onboard all Amtrak trains.
``(b) 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. 2210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMUNITIES.
Section 24706 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b) of this
section, at least 180 days'' and inserting ``subsection (c),
not later than 180 days'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Discontinuance or Substantial Alteration of Long-distance
Routes.--Except as provided in subsection (c), in an emergency, or
during maintenance or construction outages impacting Amtrak routes,
Amtrak may not discontinue, reduce the frequency of, suspend, or
substantially alter the route of rail service on any segment of any
long-distance route in any fiscal year in which Amtrak receives
adequate Federal funding for such route on the National Network.''; and
(4) by inserting after subsection (c), as redesignated, the
following:
``(d) Congressional Notification of Discontinuance.--Except as
provided in subsection (c), not later than 210 days before
discontinuing service over a route, Amtrak shall give written notice of
such discontinuance to all of the members of Congress representing any
State or district in which the discontinuance would occur.''.
SEC. 2211. STATE-SUPPORTED ROUTE COMMITTEE.
(a) State-Supported Route Committee.--Section 24712(a) of title 49,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``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'' and inserting ``There is
established''; and
(B) by inserting ``current and future'' before
``rail operations'';
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Ability to conduct certain business.--If all of the
members of 1 voting bloc described in paragraph (3) abstain
from a Committee decision, agreement between the other 2 voting
blocs consistent with the procedures set forth in such
paragraph shall be deemed sufficient for purpose of achieving
unanimous consent.'';
(4) in paragraph (5), as redesignated, in the matter
preceding subparagraph (A)--
(A) by striking ``convene a meeting and shall
define and implement'' and inserting ``define and
periodically update''; and
(B) by striking ``not later than 180 days after the
date of establishment of the Committee by the
Secretary''; and
(5) in paragraph (7), as redesignated--
(A) in the paragraph heading, by striking
``allocation methodology'' and inserting ``methodology
policy'';
(B) in subparagraph (A), by striking ``allocation
methodology'' and inserting ``methodology policy'';
(C) by amending subparagraph (B) to read as
follows:
``(B) Revisions to cost methodology policy.--
``(i) Requirement to revise and update.--
Subject to rules and procedures established
pursuant to clause (iii), not later than March
31, 2022, the Committee shall revise and 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. 20901 note). The Committee
shall implement a revised cost methodology
policy during fiscal year 2023. Not later than
30 days after the adoption of the revised cost
methodology policy, the Committee shall submit
a report documenting and explaining any changes
to the cost methodology policy and plans for
implementation of such policy, including a
description of the improvements to the
accounting information provided by Amtrak to
the States, to the Committee on Commerce,
Science, and Transportation of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives.
The revised cost methodology policy shall
ensure that States will be responsible for
costs attributable to the provision of service
for their routes.
``(ii) Implementation impacts on federal
funding.--To the extent that a revision
developed pursuant to clause (i) assigns to
Amtrak costs that were previously allocated to
States, Amtrak shall request with specificity
such additional funding in the general and
legislative annual report required under
section 24315 or in any appropriate subsequent
Federal funding request for the fiscal year in
which the revised cost methodology policy will
be implemented.
``(iii) Procedures for changing
methodology.--Notwithstanding section 209(b) of
the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 20901 note), the rules
and procedures implemented pursuant to
paragraph (5) shall include--
``(I) procedures for changing the
cost methodology policy in accordance
with clause (i); and
``(II) procedures or broad
guidelines for conducting financial
planning, including operating and
capital forecasting, reporting, data
sharing, and governance.'';
(D) in subparagraph (C)--
(i) in the matter preceding clause (i), by
striking ``allocation methodology'' and
inserting ``methodology policy'';
(ii) in clause (i), by striking ``and'' at
the end;
(iii) in clause (ii)--
(I) by striking ``allocate'' and
inserting ``assign''; and
(II) by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(iii) promote increased efficiency in
Amtrak's operating and capital activities.'';
and
(E) by adding at the end the following:
``(D) Independent evaluation.--Not later than March
31 of each year, the Committee shall ensure that an
independent entity selected by the Committee has
completed an evaluation to determine whether State
payments for the most recently concluded fiscal year
are accurate and comply with the applicable cost
allocation methodology.''.
(b) Invoices and Reports.--Section 24712(b) of title 49, United
States Code, is amended to read as follows:
``(b) Invoices and Reports.--
``(1) Invoices.--Amtrak shall provide monthly invoices to
the Committee and to each State that sponsors a State-supported
route that identify the operating costs for such route,
including fixed costs and third-party costs.
``(2) Reports.--
``(A) In general.--The Committee shall determine
the frequency and contents of--
``(i) the financial and performance reports
that Amtrak is required to provide to the
Committee and the States; and
``(ii) the planning and demand reports that
the States are required to provide to the
Committee and Amtrak.
``(B) Monthly statistical report.--
``(i) Development.--Consistent with the
revisions to the policy required under
subsection (a)(7)(B), the Committee shall
develop a report that contains the general
ledger data and operating statistics from
Amtrak's accounting systems used to calculate
payments to States.
``(ii) Provision of necessary data.--Not
later than 30 days after the last day of each
month, Amtrak shall provide to the States and
to the Committee the necessary data to complete
the report developed pursuant to clause (i) for
such month.''.
(c) Dispute Resolution.--Section 24712(c) of title 49, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``(a)(4)'' and inserting
``(a)(5)''; and
(B) by striking ``(a)(6)'' and inserting
``(a)(7)''; and
(2) in paragraph (4), by inserting ``related to a State-
supported route that a State sponsors that is'' after
``amount''.
(d) Performance Metrics.--Section 24712(e) of title 49, United
States Code, is amended by inserting ``, including incentives to
increase revenue, reduce costs, finalize contracts by the beginning of
the fiscal year, and require States to promptly make payments for
services delivered'' before the period at the end.
(e) Statement of Goals and Objectives.--Section 24712(f) of title
49, United States Code, is amended--
(1) in paragraph (1), by inserting ``, and review and
update, as necessary,'' after ``shall develop'';
(2) in paragraph (2), by striking ``Not later than 2 years
after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015, the Committee shall transmit the
statement'' and inserting ``As applicable, based on updates,
the Committee shall submit an updated statement''; and
(3) by adding at the end the following:
``(3) Sense of congress.--It is the sense of Congress
that--
``(A) the Committee shall be the forum where Amtrak
and the States collaborate on the planning,
improvement, and development of corridor routes across
the National Network; and
``(B) such collaboration should include regular
consultation with interstate rail compact parties and
other regional planning organizations that address
passenger rail.''.
(f) Other Reforms Related to State-supported Routes.--Section 24712
of title 49, United States Code, as amended by subsections (a) through
(e), is further amended--
(1) by redesignating subsections (g) and (h) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (f) the following:
``(g) New State-supported Routes.--
``(1) Consultation.--In developing a new State-supported
route, Amtrak shall consult with--
``(A) the State or States and local municipalities
through which such new service would operate;
``(B) commuter authorities and regional
transportation authorities in the areas that would be
served by the planned route;
``(C) host railroads;
``(D) the Administrator of the Federal Railroad
Administration; and
``(E) other stakeholders, as appropriate.
``(2) State commitments.--Notwithstanding any other
provision of law, before beginning construction necessary for,
or beginning operation of, a State-supported route that is
initiated on or after the date of enactment of the Passenger
Rail Expansion and Rail Safety Act of 2021, Amtrak shall enter
into a memorandum of understanding, or otherwise secure an
agreement, with each State in which such route will operate for
sharing--
``(A) ongoing operating costs and capital costs in
accordance with the cost methodology policy referred to
in subsection (a)(7) then in effect; or
``(B) ongoing operating costs and capital costs in
accordance with the maximum funding limitations
described in section 22908(e).
``(3) Application of terms.--In this subsection, the terms
`capital costs' and `operating costs' shall apply in the same
manner as such terms apply under the cost methodology policy
developed pursuant to subsection (a)(7).
``(h) Cost Methodology Policy Update Implementation Report.--Not
later than 18 months after the updated cost methodology policy required
under subsection (a)(7)(B) is implemented, the Committee shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that assesses the implementation of the
updated policy.
``(i) Identification of State-supported Route Changes.--Amtrak
shall--
``(1) not later than 120 days before the submission of the
general and legislative annual report required under section
24315(b), consult with the Committee and any additional States
through which a State-supported route may operate regarding any
proposed changes to such route; and
``(2) include in such report an update of any planned or
proposed changes to State-supported routes, including the
introduction of new State-supported routes, including--
``(A) the timeframe in which such changes would
take effect; and
``(B) whether Amtrak has entered into commitments
with the affected States pursuant subsection (g)(2).
``(j) Economic Analysis.--Not later than 3 years after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
the Committee shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
that--
``(1) describes the role of the State-supported routes in
economic development; and
``(2) examines the impacts of the State-supported routes on
local station areas, job creation, transportation efficiency,
State economies, and the national economy.''.
SEC. 2212. ENHANCING CROSS BORDER SERVICE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, Amtrak, after consultation with the Secretary, the
Secretary of Homeland Security, relevant State departments of
transportation, Canadian governmental agencies and entities, and owners
of the relevant rail infrastructure and facilities, shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives regarding enhancing Amtrak passenger rail
service between the United States and Canada that--
(1) identifies challenges to Amtrak operations in Canada,
including delays associated with custom and immigration
inspections in both the United States and Canada; and
(2) includes recommendations to improve such cross border
service, including the feasibility of and costs associated with
a preclearance facility or facilities.
(b) Assistance and Support.--The Secretary, the Secretary of State,
and the Secretary of Homeland Security may provide assistance and
support requested by Amtrak that is necessary to carry out this
section, as determined appropriate by the respective Secretary.
SEC. 2213. CREATING QUALITY JOBS.
Section 121 of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24312 note) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
``(d) Furloughed Work.--Amtrak may not contract out work within the
classification 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 such employee has been laid off and has not been recalled to
perform such work.
``(e) Agreement Prohibitions on Contracting Out.--This section does
not--
``(1) supersede a prohibition or limitation on contracting
out work covered by 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).''.
SEC. 2214. AMTRAK DAILY LONG-DISTANCE SERVICE STUDY.
(a) In General.--The Secretary shall conduct a study to evaluate
the restoration of daily intercity rail passenger service along--
(1) any Amtrak long-distance routes that, as of the date of
enactment of this Act, were discontinued; and
(2) any Amtrak long-distance routes that, as of the date of
enactment of this Act, occur on a nondaily basis.
(b) Inclusions.--The study under subsection (a) shall--
(1) evaluate all options for restoring or enhancing to
daily-basis intercity rail passenger service along each Amtrak
route described in that subsection;
(2) select a preferred option for restoring or enhancing
the service described in paragraph (1);
(3) develop a prioritized inventory of capital projects and
other actions that are required to restore or enhance the
service described in paragraph (1), including cost estimates
for those projects and actions;
(4) develop recommendations for methods by which Amtrak
could work with local communities and organizations to develop
activities and programs to continuously improve public use of
intercity passenger rail service along each route; and
(5) identify Federal and non-Federal funding sources
required to restore or enhance the service described in
paragraph (1), including--
(A) increased Federal funding for Amtrak based on
applicable reductions or discontinuations in service;
and
(B) options for entering into public-private
partnerships to restore that service.
(c) Other Factors When Considering Expansions.--In evaluating
intercity passenger rail routes under this section, the Secretary may
evaluate potential new Amtrak long-distance routes, including with
specific attention provided to routes in service as of April 1971 but
not continued by Amtrak, taking into consideration whether those new
routes would--
(1) link and serve large and small communities as part of a
regional rail network;
(2) advance the economic and social well-being of rural
areas of the United States;
(3) provide enhanced connectivity for the national long-
distance passenger rail system; and
(4) reflect public engagement and local and regional
support for restored passenger rail service.
(d) Consultation.--In conducting the study under this section, the
Secretary shall consult, through working groups or other forums as the
Secretary determines to be appropriate, with--
(1) Amtrak;
(2) each State along a relevant route;
(3) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along those relevant routes, to be selected by the
Secretary;
(4) host railroad carriers the tracks of which may be used
for a service described in subsection (a);
(5) organizations representing onboard Amtrak employees;
(6) nonprofit organizations representing Amtrak passengers;
(7) relevant regional passenger rail authorities and
federally recognized Indian Tribes; and
(8) such other entities as the Secretary may select.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) the preferred options selected under subsection (b)(2),
including the reasons for selecting each option;
(2) the information described in subsection (b)(3);
(3) the funding sources identified pursuant to subsection
(b)(5);
(4) the estimated costs and public benefits of restoring or
enhancing intercity rail passenger transportation in the region
impacted for each relevant Amtrak route; and
(5) any other information the Secretary determines to be
appropriate.
(f) Funding.--There are authorized to be appropriated to the
Secretary to conduct the study under this section and to carry out the
consultations required by subsection (d)--
(1) $7,500,000 for fiscal year 2022; and
(2) $7,500,000 for fiscal year 2023.
Subtitle C--Intercity Passenger Rail Policy
SEC. 2301. NORTHEAST CORRIDOR PLANNING.
Section 24904 of title 49, United States Code, is amended--
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting before subsection (c), as redesignated,
the following:
``(a) Northeast Corridor Service Development Plan.--
``(1) In general.--Not later than March 31, 2022, the
Northeast Corridor Commission established under section 24905
(referred to in this section as the `Commission') shall submit
a service development plan to Congress.
``(2) Contents.--The plan required under paragraph (1)
shall--
``(A) identify key state-of-good-repair, capacity
expansion, and capital improvement projects planned for
the Northeast Corridor;
``(B) provide a coordinated and consensus-based
plan covering a 15-year period;
``(C) identify service objectives and the capital
investments required to meet such objectives;
``(D) provide a delivery-constrained strategy that
identifies--
``(i) capital investment phasing;
``(ii) an evaluation of workforce needs;
and
``(iii) strategies for managing resources
and mitigating construction impacts on
operations; and
``(E) include a financial strategy that identifies
funding needs and potential funding sources.
``(3) Updates.--The Commission shall update the service
development plan not less frequently than once every 5 years.
``(b) Northeast Corridor Capital Investment Plan.--
``(1) In general.--Not later than November 1 of each year,
the Commission shall--
``(A) develop an annual capital investment plan for
the Northeast Corridor; and
``(B) submit the capital investment plan to--
``(i) the Secretary of Transportation;
``(ii) the Committee on Commerce, Science,
and Transportation of the Senate; and
``(iii) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(2) Contents.--The plan required under paragraph (1)
shall--
``(A) reflect coordination across the entire
Northeast Corridor;
``(B) integrate the individual capital plans
developed by Amtrak, States, and commuter authorities
in accordance with the cost allocation policy developed
and approved under section 24905(c);
``(C) cover a period of 5 fiscal years, beginning
with the fiscal year during which the plan is
submitted;
``(D) notwithstanding section 24902(b), document
the projects and programs being undertaken to advance
the service objectives and capital investments
identified in the Northeast Corridor service
development plan developed under subsection (a), and
the asset condition needs identified in the Northeast
Corridor asset management plans, after considering--
``(i) the benefits and costs of capital
investments in the plan;
``(ii) project and program readiness;
``(iii) the operational impacts; and
``(iv) Federal and non-Federal funding
availability;
``(E) categorize capital projects and programs as
primarily associated with 1 of the categories listed
under section 24319(c)(2)(C);
``(F) identify capital projects and programs that
are associated with more than 1 category described in
subparagraph (E); and
``(G) include a financial plan that identifies--
``(i) funding sources and financing
methods;
``(ii) the status of cost sharing
agreements pursuant to the cost allocation
policy developed under section 24905(c);
``(iii) the projects and programs that the
Commission expects will receive Federal
financial assistance; and
``(iv) the eligible entity or entities that
the Commission expects--
``(I) to receive the Federal
financial assistance referred to in
clause (iii); and
``(II) to implement each capital
project.
``(3) Review and coordination.--The Commission shall
require that the information described in paragraph (2) be
submitted in a timely manner to allow for a reasonable period
of review by, and coordination with, affected agencies before
the Commission submits the capital investment plan pursuant to
paragraph (1).'';
(4) in subsection (c), as redesignated, by striking ``spent
only on--'' and all that follows and inserting ``spent only on
capital projects and programs contained in the Commission's
capital investment plan for the prior fiscal year.''; and
(5) by amending subsection (d), as redesignated, to read as
follows:
``(d) Northeast Corridor Capital Asset Management System.--
``(1) In general.--Amtrak and other infrastructure owners
that provide or support intercity rail passenger transportation
along 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).
``(2) Features.--The system required under paragraph (1)
shall develop submissions that--
``(A) are consistent with the transit asset
management system (as defined in section 5326(a)(3));
and
``(B) include--
``(i) an inventory of all capital assets
owned by the developer of the plan;
``(ii) an assessment of condition of such
capital assets;
``(iii) a description of the resources and
processes that will be necessary to bring or to
maintain such capital assets in a state of good
repair; and
``(iv) a description of changes in the
condition of such capital assets since the
submission of the prior version of the plan.''.
SEC. 2302. NORTHEAST CORRIDOR COMMISSION.
Section 24905 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(D), by inserting ``authorities''
after ``carriers'';
(2) in subsection (b)(3)(B)--
(A) in clause (i)--
(i) by inserting ``, including ridership
trends,'' after ``transportation''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii)--
(i) by inserting ``first year of the''
after ``the delivery of the''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) progress in assessing and
eliminating the state-of-good-repair
backlog.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``Development of policy'' and inserting
``Policy'';
(ii) in subparagraph (A), by striking
``develop a standardized policy'' and inserting
``develop and maintain the standardized policy
first approved on September 17, 2015, and
update, as appropriate,'';
(iii) by amending subparagraph (B) to read
as follows:
``(B) develop timetables for implementing and
maintaining the policy;'';
(iv) in subparagraph (C), by striking ``the
policy and the timetable'' and inserting
``updates to the policy and timetables''; and
(v) by amending subparagraph (D) to read as
follows:
``(D) support the efforts of the members of the
Commission to implement the policy in accordance with
the timetables developed pursuant to subparagraph
(B);'';
(B) by amending paragraph (2) to read as follows:
``(2) Implementation.--
``(A) In general.--In accordance with the
timetables developed pursuant to paragraph (1)(B),
Amtrak and commuter authorities on the Northeast
Corridor shall implement the policy developed under
paragraph (1) in their agreements for usage of
facilities or services.
``(B) Effect of failure to implement or comply with
policy.--If the entities referred to in subparagraph
(A) fail to implement the policy in accordance with
paragraph (1)(D) or fail to comply with the policy
thereafter, the Surface Transportation Board shall--
``(i) determine the appropriate
compensation in accordance with the procedures
and procedural schedule applicable to a
proceeding under section 24903(c), after taking
into consideration the policy developed under
paragraph (1); and
``(ii) enforce its determination on the
party or parties involved.''; and
(C) in paragraph (4), by striking ``public
authorities providing commuter rail passenger
transportation'' and inserting ``commuter
authorities''; and
(4) in subsection (d)--
(A) by striking ``2016 through 2020'' and inserting
``2022 through 2026''; and
(B) by striking ``section 11101(g) of the Passenger
Rail Reform and Investment Act of 2015'' and inserting
``section 101(e) of the Passenger Rail Expansion and
Rail Safety Act of 2021''.
SEC. 2303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.
(a) In General.--Section 22907 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``(including the
District of Columbia)'' after ``State'';
(B) in paragraph (6), by inserting ``rail carrier
and intercity rail passenger transportation are''
before ``defined'';
(C) by redesignating paragraphs (8) through (11) as
paragraphs (10) through (13), respectively; and
(D) by inserting after paragraph (7) the following:
``(8) An association representing 1 or more railroads
described in paragraph (7).'';
``(9) A federally recognized Indian Tribe.'';
(2) in subsection (c)--
(A) in paragraph (3), by adding ``or safety'' after
``congestion'';
(B) in paragraph (6), by striking ``and'' and
inserting ``or'';
(C) by redesignating paragraphs (11) and (12) as
paragraphs (12) and (13), respectively;
(D) by inserting after paragraph (10) the
following:
``(11) The development and implementation of measures to
prevent trespassing and reduce associated injuries and
fatalities.''; and
(E) by inserting after paragraph (13), as
redesignated, the following:
``(14) Research, development, and testing to advance and
facilitate innovative rail projects, including projects using
electromagnetic guideways in an enclosure in a very low-
pressure environment.
``(15) The preparation of emergency plans for communities
through which hazardous materials are transported by rail.
``(16) Rehabilitating, remanufacturing, procuring, or
overhauling locomotives, provided that such activities result
in a significant reduction of emissions.''; and
(3) in subsection (h), by adding at the end the following:
``(4) Grade crossing and trespassing projects.--Applicants
may use costs incurred previously for preliminary engineering
associated with highway-rail grade crossing improvement
projects under subsection (c)(5) and trespassing prevention
projects under subsection (c)(11) to satisfy the non-Federal
share requirements.''.
(b) Rule of Construction.--The amendments made by subsection (a)
may not be construed to affect any grant, including any application for
a grant, made under section 22907 of title 49, United States Code,
before the date of enactment of this Act.
(c) Technical Correction.--
(1) In general.--Section 22907(l)(1)(A) of title 49, United
States Code, is amended by inserting ``, including highway
construction over rail facilities as an alternative to
construction or improvement of a highway-rail grade crossing,''
after ``under chapter 227''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to amounts remaining under section 22907(l) of
title 49, United States Code, from appropriations for prior
fiscal years.
SEC. 2304. RESTORATION AND ENHANCEMENT GRANTS.
Section 22908 of title 49, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) Applicant.--Notwithstanding section 22901(1), the
term `applicant' means--
``(A) a State, including the District of Columbia;
``(B) a group of States;
``(C) an entity implementing 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) a federally recognized Indian Tribe;
``(G) Amtrak or another rail carrier that provides
intercity rail passenger transportation;
``(H) any rail carrier in partnership with at least
1 of the entities described in subparagraphs (A)
through (F); and
``(I) any combination of the entities described in
subparagraphs (A) through (F).
``(2) Operating assistance.--The term `operating
assistance', with respect to any route subject to section 209
of the Passenger Rail Investment and Improvement Act of 2008
(Public Law 110-432), means any cost allocated, or that may be
allocated, to a route pursuant to the cost methodology
established under such section or under section 24712.'';
(2) in subsection (c)(3), by striking ``3 years'' each
place such term appears and inserting ``6 years'';
(3) in subsection (d)--
(A) in paragraph (8), by striking ``and'';
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(10) for routes selected under the Corridor
Identification and Development Program and operated by
Amtrak.''; and
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``assistance''; and
(ii) by striking ``3 years'' and inserting
``6 years (including for any such routes
selected for funding before the date of
enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021)''; and
(B) in paragraph (3), by striking subparagraphs
(A), (B), and (C) and inserting the following:
``(A) 90 percent of the projected net operating
costs for the first year of service;
``(B) 80 percent of the projected net operating
costs for the second year of service;
``(C) 70 percent of the projected net operating
costs for the third year of service;
``(D) 60 percent of the projected net operating
costs for the fourth year of service;
``(E) 50 percent of the projected net operating
costs for the fifth year of service; and
``(F) 30 percent of the projected net operating
costs for the sixth year of service.''.
SEC. 2305. RAILROAD CROSSING ELIMINATION PROGRAM.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 22909. Railroad Crossing Elimination Program
``(a) In General.--The Secretary of Transportation, in cooperation
with the Administrator of the Federal Railroad Administration, shall
establish a competitive grant program (referred to in this section as
the `Program') under which the Secretary shall award grants to eligible
recipients described in subsection (c) for highway-rail or pathway-rail
grade crossing improvement projects that focus on improving the safety
and mobility of people and goods.
``(b) Goals.--The goals of the Program are--
``(1) to eliminate highway-rail grade crossings that are
frequently blocked by trains;
``(2) to improve the health and safety of communities;
``(3) to reduce the impacts that freight movement and
railroad operations may have on underserved communities; and
``(4) to improve the mobility of people and goods.
``(c) Eligible Recipients.--The following entities are eligible to
receive a grant under this section:
``(1) A State, including the District of Columbia, Puerto
Rico, and other United States territories and possessions.
``(2) A political subdivision of a State.
``(3) A federally recognized Indian Tribe.
``(4) A unit of local government or a group of local
governments.
``(5) A public port authority.
``(6) A metropolitan planning organization.
``(7) A group of entities described in any of paragraphs
(1) through (6).
``(d) Eligible Projects.--The Secretary may award a grant under the
Program for a highway-rail or pathway-rail grade crossing improvement
project (including acquiring real property interests) involving--
``(1) grade separation or closure, including through the
use of a bridge, embankment, tunnel, or combination thereof;
``(2) track relocation;
``(3) the improvement or installation of protective
devices, signals, signs, or other measures to improve safety,
provided that such activities are related to a separation or
relocation project described in paragraph (1) or (2);
``(4) other means to improve the safety and mobility of
people and goods at highway-rail grade crossings (including
technological solutions);
``(5) a group of related projects described in paragraphs
(1) through (4) that would collectively improve the mobility of
people and goods; or
``(6) the planning, environmental review, and design of an
eligible project described in paragraphs (1) through (5).
``(e) Application Process.--
``(1) In general.--An eligible entity seeking a grant under
the Program shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may require.
``(2) Railroad approvals.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall require
applicants to obtain the necessary approvals from any
impacted rail carriers or real property owners before
proceeding with the construction of a project funded by
a grant under the Program.
``(B) Exception.--The requirement under
subparagraph (A) shall not apply to planning projects
described in subsection (d)(6) if the applicant agrees
to work collaboratively with rail carriers and right-
of-way owners.
``(f) Project Selection Criteria.--
``(1) In general.--In awarding grants under the Program,
the Secretary shall evaluate the extent to which proposed
projects would--
``(A) improve safety at highway-rail or pathway-
rail grade crossings;
``(B) grade separate, eliminate, or close highway-
rail or pathway-rail grade crossings;
``(C) improve the mobility of people and goods;
``(D) reduce emissions, protect the environment,
and provide community benefits, including noise
reduction;
``(E) improve access to emergency services;
``(F) provide economic benefits; and
``(G) improve access to communities separated by
rail crossings.
``(2) Additional considerations.--In awarding grants under
the Program, the Secretary shall consider--
``(A) the degree to which the proposed project will
use--
``(i) innovative technologies;
``(ii) innovative design and construction
techniques; or
``(iii) construction materials that reduce
greenhouse gas emissions;
``(B) the applicant's planned use of contracting
incentives to employ local labor, to the extent
permissible under Federal law;
``(C) whether the proposed project will improve the
mobility of--
``(i) multiple modes of transportation,
including ingress and egress from freight
facilities; or
``(ii) users of nonvehicular modes of
transportation, such as pedestrians,
bicyclists, and public transportation;
``(D) whether the proposed project is identified
in--
``(i) the freight investment plan component
of a State freight plan, as required under
section 70202(b)(9);
``(ii) a State rail plan prepared in
accordance with chapter 227; or
``(iii) a State highway-rail grade crossing
action plan, as required under section 11401(b)
of the Passenger Rail Reform and Investment Act
of 2015 (title XI of Public Law 114-94); and
``(E) the level of financial support provided by
impacted rail carriers.
``(3) Award distribution.--In selecting grants for Program
funds in any fiscal year, the Secretary shall comply with the
following limitations:
``(A) Grant funds.--Not less than 20 percent of the
grant funds available for the Program in any fiscal
year shall be reserved for projects located in rural
areas or on Tribal lands. The requirement under section
22907(l), which applies to this section, shall not
apply to grant funds reserved specifically under this
subparagraph. Not less than 5 percent of the grant
funds reserved under this subparagraph shall be
reserved for projects in counties with 20 or fewer
residents per square mile, according to the most recent
decennial census, provided that sufficient eligible
applications have been submitted.
``(B) Planning grants.--Not less than 25 percent of
the grant funds set aside for planning projects in any
fiscal year pursuant to section 2104(b) of the
Passenger Rail Expansion and Rail Safety Act of 2021
shall be awarded for projects located in rural areas or
on tribal lands.
``(C) State limitation.--Not more than 20 percent
of the grant funds available for the Program in any
fiscal year may be selected for projects in any single
State.
``(D) Minimum size.--No grant awarded under this
section shall be for less than $1,000,000, except for a
planning grant described in subsection (d)(6).
``(g) Cost Share.--Except as provided in paragraph (2), the Federal
share of the cost of a project carried out using a grant under the
Program may not exceed 80 percent of the total cost of the project.
Applicants may count costs incurred for preliminary engineering
associated with highway-rail and pathway-rail grade crossing
improvement projects as part of the total project costs.
``(h) Congressional Notification.--Not later than 3 days before
awarding a grant for a project under the Program, the Secretary shall
submit written notification of the proposed grant to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives,
which shall include--
``(1) a summary of the project; and
``(2) the amount of the proposed grant award.
``(i) Annual Report.--Not later than 60 days after each round of
award notifications, the Secretary shall post, on the public website of
the Department of Transportation--
``(1) a list of all eligible applicants that submitted an
application for funding under the Program during the current
fiscal year;
``(2) a list of the grant recipients and projects that
received grant funding under the Program during such fiscal
year; and
``(3) a list of the proposed projects and applicants that
were determined to be ineligible.
``(j) Commuter Rail Eligibility and Grant Conditions.--
``(1) In general.--Section 22905(f) shall not apply to
grants awarded under this section for commuter rail passenger
transportation projects.
``(2) Administration of funds.--The Secretary of
Transportation shall transfer amounts awarded under this
section for commuter rail passenger transportation projects to
the Federal Transit Administration, which shall administer such
funds in accordance with chapter 53.
``(3) Protective arrangements.--
``(A) In general.--Notwithstanding paragraph (2)
and section 22905(e)(1), as a condition of receiving a
grant under this section, 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 required to be established
under section 22905(c)(2)(B).
``(B) Implementation.--A grant recipient under this
section, and the successors, assigns, and contractors
of such grant recipient--
``(i) shall be bound by the employee
protective arrangements required under
subparagraph (A); and
``(ii) shall be responsible for the
implementation of such arrangements and for the
obligations under such arrangements, but may
arrange for another entity to take initial
responsibility for compliance with the
conditions of such arrangement.
``(k) Defined Term.--In this section, the term `rural area' means
any area that is not within an area designated as an urbanized area by
the Bureau of the Census.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is amended by adding at the end the following:
``22909. Railroad Crossing Elimination Program.''.
SEC. 2306. INTERSTATE RAIL COMPACTS.
(a) In General.--Chapter 229 of title 49, United States Code (as
amended by section 2305(a)), is further amended by adding at the end
the following:
``Sec. 22910. Interstate Rail Compacts Grant Program
``(a) Grants Authorized.--The Secretary of Transportation shall
establish a competitive grant program to provide financial assistance
to entities implementing interstate rail compacts pursuant to section
410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C.
24101 note) for--
``(1) costs of administration;
``(2) systems planning, including studying the impacts on
freight rail operations and ridership;
``(3) promotion of intercity passenger rail operation;
``(4) preparation of applications for competitive Federal
grant programs; and
``(5) operations coordination.
``(b) Maximum Amount.--The Secretary may not award a grant under
this section in an amount exceeding $1,000,000 per year.
``(c) Selection Criteria.--In selecting a recipient of a grant for
an eligible project under this section, the Secretary shall consider--
``(1) the amount of funding received (including funding
from a rail carrier (as defined in section 24102) or other
participation by State, local, and regional governments and the
private sector;
``(2) the applicant's work to foster economic development
through rail service, particularly in rural communities;
``(3) 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);
``(4) 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;
``(5) whether the applicant is enhancing connectivity and
geographic coverage of the existing national network of
intercity passenger rail service;
``(6) whether the applicant has prepared regional rail or
corridor service development plans and corresponding
environmental analysis; and
``(7) whether the applicant has engaged with appropriate
government entities and transportation providers to identify
projects necessary to enhance multimodal connections or
facilitate service integration between rail service and other
modes, including between intercity passenger rail service and
intercity bus service or commercial air service.
``(d) Numerical Limitation.--The Secretary may not award grants
under this section for more than 10 interstate rail compacts in any
fiscal year.
``(e) Operator Limitation.--The Secretary may only award grants
under this section to applicants with eligible expenses related to
intercity passenger rail service to be operated by Amtrak.
``(f) Non-Federal Match.--The Secretary shall require each
recipient of a grant under this section to provide a non-Federal match
of not less than 50 percent of the eligible expenses of carrying out
the interstate rail compact under this section.
``(g) Report.--Not later than 3 years after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021, the
Secretary, after consultation with grant recipients under this section,
shall submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that describes--
``(1) the implementation of this section;
``(2) the status of the planning efforts and coordination
funded by grants awarded under this section;
``(3) the plans of grant recipients for continued
implementation of the interstate rail compacts;
``(4) the status of, and data regarding, any new, restored,
or enhanced rail services initiated under the interstate rail
compacts; and
``(5) any legislative recommendations.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code (as amended by section 2305(b)), is amended by
adding at the end the following:
``22910. Interstate Rail Compacts Grant Program.''.
(c) 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) Notification Requirement.--Any State that enters into an
interstate compact pursuant to subsection (a) shall notify the
Secretary of Transportation of such compact not later than 60 days
after it is formed. The failure of any State to notify the Secretary
under this subsection shall not affect the status of the interstate
compact.
``(d) Interstate Rail Compacts Program.--The Secretary of
Transportation shall--
``(1) make available on a publicly accessible website a
list of interstate rail compacts established under subsection
(a) before the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021 and interstate rail
compacts established after such date; and
``(2) make information regarding interstate rail compacts
available to the public, including how States may establish
interstate rail compacts under subsection (a), and update such
information, as necessary.''.
SEC. 2307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
GRANTS.
(a) In General.--Section 24911 of title 49, United States Code, is
amended--
(1) in the section heading, by striking ``for state of good
repair'' and inserting ``for intercity passenger rail'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (F), by striking ``or''
at the end;
(ii) by redesignating subsection (G) as
subsection (H);
(iii) by inserting after subparagraph (F),
the following:
``(G) A federally recognized Indian Tribe; or'';
and
(iv) in subsection (H), as redesignated, by
striking ``(F)'' and inserting ``(G)'';
(B) by striking paragraphs (2) and (5); and
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively;
(3) in subsection (b), by striking ``with respect to
qualified railroad assets'' and inserting ``, improve
performance, or expand or establish new intercity passenger
rail service, including privately operated intercity passenger
rail service if an eligible applicant is involved;'';
(4) by striking subsections (c) through (e) and inserting
the following:
``(c) Eligible Projects.--The following capital projects, including
acquisition of real property interests, are eligible to receive grants
under this section:
``(1) A project to replace, rehabilitate, or repair
infrastructure, equipment, or a facility used for providing
intercity passenger rail service to bring such assets into a
state of good repair.
``(2) A project to improve intercity passenger rail service
performance, including reduced trip times, increased train
frequencies, higher operating speeds, improved reliability,
expanded capacity, reduced congestion, electrification, and
other improvements, as determined by the Secretary.
``(3) A project to expand or establish new intercity
passenger rail service.
``(4) A group of related projects described in paragraphs
(1) through (3).
``(5) The planning, environmental studies, and final design
for a project or group of projects described in paragraphs (1)
through (4).
``(d) Project Selection Criteria.--In selecting a project for
funding under this section--
``(1) for projects located on the Northeast Corridor, the
Secretary shall--
``(A) make selections consistent with the Northeast
Corridor Project Inventory published pursuant to
subsection (e)(1), unless when necessary to address
materially changed infrastructure or service
conditions, changes in project sponsor capabilities or
commitments, or other significant changes since the
completion of the most recently issued Northeast
Corridor Project Inventory; and
``(B) for projects that benefit intercity and
commuter rail services, only make such selections when
Amtrak and the public authorities providing commuter
rail passenger transportation at the eligible project
location--
``(i) are in compliance with section
24905(c)(2); and
``(ii) identify funding for the intercity
passenger rail share, the commuter rail share,
and the local share of the eligible project
before the commencement of the project;
``(2) for projects not located on the Northeast Corridor,
the Secretary shall--
``(A) give preference to eligible projects--
``(i) for which Amtrak is not the sole
applicant;
``(ii) that improve the financial
performance, reliability, service frequency, or
address the state of good repair of an Amtrak
route; and
``(iii) that are identified in, and
consistent with, a corridor inventory prepared
under the Corridor Identification and
Development Program pursuant to section 25101;
and
``(B) take into account--
``(i) the cost-benefit analysis of the
proposed project, including anticipated private
and public benefits relative to the costs of
the proposed project, including--
``(I) effects on system and service
performance, including as measured by
applicable metrics set forth in part
273 of title 49, Code of Federal
Regulations (or successor regulations);
``(II) effects on safety,
competitiveness, reliability, trip or
transit time, greenhouse gas emissions,
and resilience;
``(III) anticipated positive
economic and employment impacts,
including development in areas near
passenger stations, historic districts,
or other opportunity zones;
``(IV) efficiencies from improved
connections with other modes; and
``(V) ability to meet existing or
anticipated demand;
``(ii) the degree to which the proposed
project's business plan considers potential
private sector participation in the financing,
construction, or operation of the proposed
project;
``(iii) the applicant's past performance in
developing and delivering similar projects, and
previous financial contributions;
``(iv) whether the applicant has, or will
have--
``(I) the legal, financial, and
technical capacity to carry out the
project;
``(II) satisfactory continuing
access to the equipment or facilities;
and
``(III) the capability and
willingness to maintain the equipment
or facilities;
``(v) if applicable, the consistency of the
project with planning guidance and documents
set forth by the Secretary or otherwise
required by law;
``(vi) whether the proposed project serves
historically unconnected or underconnected
communities; and
``(vii) any other relevant factors, as
determined by the Secretary; and
``(3) the Secretary shall reserve--
``(A) not less than 45 percent of the amounts
appropriated for grants under this section for projects
not located along the Northeast Corridor, of which not
less than 20 percent shall be for projects that benefit
(in whole or in part) a long-distance route; and
``(B) not less than 45 percent of the amounts
appropriated for grants under this section for projects
listed on the Northeast Corridor project inventory
published pursuant to subsection (e)(1).
``(e) Long-term Planning.--Not later than 1 year after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
and every 2 years thereafter, the Secretary shall create a predictable
project pipeline that will assist Amtrak, States, and the public with
long-term capital planning by publishing a Northeast Corridor project
inventory that--
``(1) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels under
this section;
``(2) specifies the order in which the Secretary will
provide grant funding to projects that have identified sponsors
and are located along the Northeast Corridor, including a
method and plan for apportioning funds to project sponsors for
the 2-year period, which may be altered by the Secretary, as
necessary, if recipients are not carrying out projects in
accordance with the anticipated schedule;
``(3) takes into consideration the appropriate sequence and
phasing of projects described in the Northeast Corridor capital
investment plan developed pursuant to section 24904(a);
``(4) is consistent with the most recent Northeast Corridor
service development plan update described in section 24904(d);
``(5) takes into consideration the existing commitments and
anticipated Federal, project applicant, sponsor, and other
relevant funding levels for the next 5 fiscal years based on
information currently available to the Secretary; and
``(6) is developed in consultation with the Northeast
Corridor Commission and the owners of Northeast Corridor
infrastructure and facilities.'';
(5) in subsection (f)(2), by inserting ``, except as
specified under paragraph (4)'' after ``80 percent'';
(6) in subsection (g)--
(A) in the subsection heading, by inserting ``;
Phased Funding Agreements'' after ``Intent'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``In general'' and inserting ``Letters of
intent''; and
(ii) by striking ``shall, to the maximum
extent practicable,'' and inserting ``may'';
(C) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(D) by inserting after paragraph (1) the following:
``(2) Phased funding agreements.--
``(A) In general.--The Secretary may enter into a
phased funding agreement with an applicant if--
``(i) the project is highly rated, based on
the evaluations and ratings conducted pursuant
to this section and the applicable notice of
funding opportunity; and
``(ii) the Federal assistance to be
provided for the project under this section is
more than $80,000,000.
``(B) Terms.--A phased funding agreement shall--
``(i) establish the terms of participation
by the Federal Government in the project;
``(ii) establish the maximum amount of
Federal financial assistance for the project;
``(iii) include the period of time for
completing the project, even if such period
extends beyond the period for which Federal
financial assistance is authorized;
``(iv) make timely and efficient management
of the project easier in accordance with
Federal law; and
``(v) if applicable, specify when the
process for complying with the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and related environmental laws
will be completed for the project.
``(C) Special financial rules.--
``(i) In general.--A phased funding
agreement under this paragraph obligates an
amount of available budget authority specified
in law and may include a commitment, contingent
on amounts to be specified in law in advance
for commitments under this paragraph, to
obligate an additional amount from future
available budget authority specified in law.
``(ii) Statement of contingent
commitment.--The agreement shall state that the
contingent commitment is not an obligation of
the Government.
``(iii) Interest and other financing
costs.--Interest and other financing costs of
efficiently carrying out a part of the project
within a reasonable time are a cost of carrying
out the project under a phased funding
agreement, except that eligible costs may not
be more than the cost of the most favorable
financing terms reasonably available for the
project at the time of borrowing. The applicant
shall certify, to the satisfaction of the
Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financing terms.
``(iv) Failure to carry out project.--If an
applicant does not carry out the project for
reasons within the control of the applicant,
the applicant shall repay all Federal grant
funds awarded for the project from all Federal
funding sources, for all project activities,
facilities, and equipment, plus reasonable
interest and penalty charges allowable by law
or established by the Secretary in the phased
funding agreement. For purposes of this clause,
a process for complying with the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) that results in the selection of
the no build alternative is not within the
applicant's control.
``(v) Crediting of funds received.--Any
funds received by the Government under this
paragraph, except for interest and penalty
charges, shall be credited to the appropriation
account from which the funds were originally
derived.'';
(E) in paragraph (3), as redesignated--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ``a phased
funding agreement under paragraph (2) or''
after ``issuing''; and
(ii) in subparagraph (B)(i), by inserting
``the phased funding agreement or'' after ``a
copy of''; and
(F) in paragraph (4), as redesignated--
(i) by striking ``An obligation'' and
inserting the following:
``(B) Appropriations required.--An obligation'';
and
(ii) by inserting before subparagraph (B),
as added by clause (i), the following:
``(A) In general.--The Secretary may enter into
phased funding agreements under this subsection that
contain contingent commitments to incur obligations in
such amounts as the Secretary determines are
appropriate.''; and
(7) by adding at the end the following:
``(j) Annual Report on Phased Funding Agreements and Letters of
Intent.--Not later than the first Monday in February of each year, the
Secretary shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Appropriations of
the Senate, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Appropriations of the
House of Representatives that includes--
``(1) a proposal for the allocation of amounts to be
available to finance grants for projects under this section
among applicants for such amounts;
``(2) evaluations and ratings, as applicable, for each
project that has received a phased funding agreement or a
letter of intent; and
``(3) recommendations for each project that has received a
phased funding agreement or a letter of intent for funding
based on the evaluations and ratings, as applicable, and on
existing commitments and anticipated funding levels for the
next 3 fiscal years based on information currently available to
the Secretary.
``(k) Regional Planning Guidance Corridor Planning.--The Secretary
may withhold up to 5 percent of the total amount made available for
this section to carry out planning and development activities related
to section 25101, including--
``(1) providing funding to public entities for the
development of service development plans selected under the
Corridor Identification and Development Program;
``(2) facilitating and providing guidance for intercity
passenger rail systems planning; and
``(3) providing funding for the development and refinement
of intercity passenger rail systems planning analytical tools
and models.''.
(b) Clerical Amendment.--The analysis for chapter 249 of title 49,
United States Code, is amended by striking the item relating to section
24911 and inserting the following:
``24911. Federal-State partnership for intercity passenger rail.''.
SEC. 2308. CORRIDOR IDENTIFICATION AND DEVELOPMENT PROGRAM.
(a) In General.--Part C of subtitle V of title 49, United States
Code, is amended by adding at the end the following:
``CHAPTER 251--PASSENGER RAIL PLANNING
``Sec.
``25101. Corridor Identification and Development Program.
``Sec. 25101. Corridor Identification and Development Program
``(a) In General.--Not later than 180 days after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
the Secretary of Transportation shall establish a program to facilitate
the development of intercity passenger rail corridors. The program
shall include--
``(1) a process for eligible entities described in
subsection (b) to submit proposals for the development of
intercity passenger rail corridors;
``(2) a process for the Secretary to review and select
proposals in accordance with subsection (c);
``(3) criteria for determining the level of readiness for
Federal financial assistance of an intercity passenger rail
corridor, which shall include--
``(A) identification of a service operator which
may include Amtrak or private rail carriers;
``(B) identification of a service sponsor or
sponsors;
``(C) identification capital project sponsors;
``(D) engagement with the host railroads; and
``(E) other criteria as determined appropriate by
the Secretary;
``(4) a process for preparing service development plans in
accordance with subsection (d), including the identification of
planning funds, such as funds made available under section
24911(k) and interstate rail compact grants established under
section 22210;
``(5) the creation of a pipeline of intercity passenger
rail corridor projects under subsection (g);
``(6) planning guidance to achieve the purposes of this
section, including guidance for intercity passenger rail
corridors not selected under this section; and
``(7) such other features as the Secretary considers
relevant to the successful development of intercity passenger
rail corridors.
``(b) Eligible Entities.--The Secretary may receive proposals under
this section from Amtrak, States, groups of States, entities
implementing interstate compacts, regional passenger rail authorities,
regional planning organizations, political subdivisions of a State,
federally recognized Indian Tribes, and other public entities, as
determined by the Secretary.
``(c) Corridor Selection.--In selecting intercity passenger rail
corridors pursuant to subsection (a), the Secretary shall consider--
``(1) whether the route was identified as part of a
regional or interregional intercity passenger rail systems
planning study;
``(2) projected ridership, revenues, capital investment,
and operating funding requirements;
``(3) anticipated environmental, congestion mitigation, and
other public benefits;
``(4) projected trip times and their competitiveness with
other transportation modes;
``(5) anticipated positive economic and employment impacts,
including development in the areas near passenger stations,
historic districts, or other opportunity zones;
``(6) committed or anticipated State, regional
transportation authority, or other non-Federal funding for
operating and capital costs;
``(7) benefits to rural communities;
``(8) whether the corridor is included in a State's
approved State rail plan developed pursuant to chapter 227;
``(9) whether the corridor serves historically unserved or
underserved and low-income communities or areas of persistent
poverty;
``(10) whether the corridor would benefit or improve
connectivity with existing or planned transportation services
of other modes;
``(11) whether the corridor connects at least 2 of the 100
most populated metropolitan areas;
``(12) whether the corridor would enhance the regional
equity and geographic diversity of intercity passenger rail
service;
``(13) whether the corridor is or would be integrated into
the national rail passenger transportation system and whether
the corridor would create benefits for other passenger rail
routes and services; and
``(14) whether a passenger rail operator, including a
private rail carrier, has expressed support for the corridor.
``(d) Service Development Plans.--For each corridor proposal
selected for development under this section, the Secretary shall
partner with the entity that submitted the proposal, relevant States,
and Amtrak, as appropriate, to prepare a service development plan (or
to update an existing service development plan), which shall include--
``(1) a detailed description of the proposed intercity
passenger rail service, including train frequencies, peak and
average operating speeds, and trip times;
``(2) a corridor project inventory that--
``(A) identifies the capital projects necessary to
achieve the proposed intercity passenger rail service,
including--
``(i) the capital projects for which
Federal investment will be sought;
``(ii) the likely project applicants; and
``(iii) the proposed Federal funding
levels;
``(B) specifies the order in which Federal funding
will be sought for the capital projects identified
under subparagraph (A), after considering the
appropriate sequence and phasing of projects based on
the anticipated availability of funds; and
``(C) is developed in consultation with the
entities listed in subsection (e);
``(3) a schedule and any associated phasing of projects and
related service initiation or changes;
``(4) project sponsors and other entities expected to
participate in carrying out the plan;
``(5) a description of how the corridor would comply with
Federal rail safety and security laws, orders, and regulations;
``(6) the locations of existing and proposed stations;
``(7) the needs for rolling stock and other equipment;
``(8) a financial plan identifying projected--
``(A) annual revenues;
``(B) annual ridership;
``(C) capital investments before service could be
initiated;
``(D) capital investments required to maintain
service;
``(E) annual operating and costs; and
``(F) sources of capital investment and operating
financial support;
``(9) a description of how the corridor would contribute to
the development of a multi-State regional network of intercity
passenger rail;
``(10) an intermodal plan describing how the new or
improved corridor facilitates travel connections with other
passenger transportation services;
``(11) a description of the anticipated environmental
benefits of the corridor; and
``(12) a description of the corridor's impacts on highway
and aviation congestion, energy consumption, land use, and
economic development in the service area.
``(e) Consultation.--In partnering on the preparation of a service
development plan under subsection (d), the Secretary shall consult
with--
``(1) Amtrak;
``(2) appropriate State and regional transportation
authorities and local officials;
``(3) representatives of employee labor organizations
representing railroad and other appropriate employees;
``(4) host railroads for the proposed corridor; and
``(5) other stakeholders, as determined by the Secretary.
``(f) Updates.--Every 5 years, after the initial development of the
service development plan under subsection (d), if at least 40 percent
of the work to implement a service development plan prepared under
subsection (d) has not yet been completed, the plan's sponsor, in
consultation with the Secretary, shall determine whether such plan
should be updated.
``(g) Project Pipeline.--Not later than 1 year after the
establishment of the program under this section, and by February 1st of
each year thereafter, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
Appropriations of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Appropriations of the House of Representatives a project pipeline, in
accordance with this section, that--
``(1) identifies intercity passenger rail corridors
selected for development under this section;
``(2) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels, as
applicable, consistent with the corridor project inventory;
``(3) specifies the order in which the Secretary would
provide Federal financial assistance, subject to the
availability of funds, to projects that have identified
sponsors, including a method and plan for apportioning funds to
project sponsors for a 5-year period, which may be altered by
the Secretary, as necessary, if recipients are not carrying out
projects on the anticipated schedule;
``(4) takes into consideration the appropriate sequence and
phasing of projects described in the corridor project
inventory;
``(5) takes into consideration the existing commitments and
anticipated Federal, project applicant, sponsor, and other
relevant funding levels for the next 5 fiscal years based on
information currently available to the Secretary;
``(6) is prioritized based on the level of readiness of the
corridor; and
``(7) reflects consultation with Amtrak.
``(h) Definition.--In this section, the term `intercity passenger
rail corridor' means--
``(1) a new intercity passenger rail route of less than 750
miles;
``(2) the enhancement of an existing intercity passenger
rail route of less than 750 miles;
``(3) the restoration of service over all or portions of an
intercity passenger rail route formerly operated by Amtrak; or
``(4) the increase of service frequency of a long-distance
intercity passenger rail route.''.
(b) Clerical Amendment.--The table of chapters for subtitle V of
title 49, United States Code, is amended by inserting after the item
relating to chapter 249 the following:
``Chapter 251. Passenger rail planning..................... 25101''.
SEC. 2309. SURFACE TRANSPORTATION BOARD PASSENGER RAIL PROGRAM.
The Surface Transportation Board shall--
(1) establish a passenger rail program with primary
responsibility for carrying out the Board's passenger rail
responsibilities; and
(2) hire up to 10 additional full-time employees to assist
in carrying out the responsibilities referred to in paragraph
(1).
SEC. 2310. RAILROAD RIGHTS-OF-WAY.
(a) Review.--The Comptroller General of the United States shall--
(1) conduct a review of the exemption for railroad rights-
of-way under section 306108 of title 54, United States Code, to
determine whether and to what extent the exemption streamlines
compliance with such section; and
(2) quantify the efficiencies achieved by such exemption
and the remaining inefficiencies.
(b) Consultation.--In conducting the review pursuant to subsection
(a), the Comptroller General shall consult with the Secretary, the
Advisory Council on Historic Preservation, the National Conference of
State Historic Preservation Officers, the National Association of
Tribal Historic Preservation Officers, the Department of the Interior,
and representatives of the railroad industry.
(c) Recommendations.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that--
(1) describes the results of the review conducted pursuant
to subsection (a); and
(2) includes recommendations for any regulatory or
legislative amendments that may further streamline compliance
with the requirements under section 306108 of title 54, United
States Code, in a manner that is consistent with railroad
safety and the policies and purposes of such section, including
recommendations regarding--
(A) the property based exemption; and
(B) ways to improve the process, while ensuring
that historical properties remain protected under such
section.
(d) Report to Congress.--Not later than 180 days after date of
enactment of this Act, the Secretary and the Advisory Council on
Historic Preservation shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that--
(1) addresses the recommendations received from the
Comptroller General pursuant to subsection (c)(2); and
(2) the actions that the Secretary will take to implement
such recommendations.
Subtitle D--Rail Safety
SEC. 2401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVALUATION.
(a) In General.--The Secretary shall evaluate the requirements of
the railway-highway crossings program authorized under section 130 of
title 23, United States Code, to determine whether--
(1) the requirements of the program provide States
sufficient flexibility to adequately address current and
emerging highway-rail grade crossing safety issues;
(2) the structure of the program provides sufficient
incentives and resources to States and local agencies to make
changes at highway-rail grade crossings that are most effective
at reducing deaths and injuries;
(3) there are appropriate tools and resources to support
States in using data driven programs to determine the most
cost-effective use of program funds; and
(4) any statutory changes are recommended to improve the
effectiveness of the program.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
Environment and Public Works of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives that
summarizes and describes the results of the evaluation conducted
pursuant to subsection (a), including any recommended statutory
changes.
SEC. 2402. GRADE CROSSING ACCIDENT PREDICTION MODEL.
Not later than 2 years after the date of enactment of this Act, the
Administrator of the Federal Railroad Administration shall--
(1) update the grade crossing accident prediction and
severity model used by the Federal Railroad Administration to
analyze accident risk at highway-rail grade crossings; and
(2) provide training on the use of the updated grade
crossing accident prediction and severity model.
SEC. 2403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS AND PLANS.
(a) Highway-rail Grade Crossing Safety.--Section 11401 of the
Fixing America's Surface Transportation Act (Public Law 114-94; 49
U.S.C. 22907 note) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) Reports on Highway-rail Grade Crossing Safety.--
(1) In general.--Chapter 201 of title 49, United States
Code, is amended by inserting after section 20166 the
following:
``Sec. 20167. Reports on highway-rail grade crossing safety
``(a) Report.--Not later than 4 years after the date by which
States are required to submit State highway-rail grade crossing action
plans under section 11401(b) of the Fixing America's Surface
Transportation Act (49 U.S.C. 22907 note), the Administrator of the
Federal Railroad Administration, in consultation with the Administrator
of the Federal Highway Administration, shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that summarizes the State highway-rail grade crossing
action plans, including--
``(1) an analysis and evaluation of each State railway-
highway crossings program under section 130 of title 23,
including--
``(A) compliance with section 11401 of the Fixing
America's Surface Transportation Act and section 130(g)
of title 23; and
``(B) the specific strategies identified by each
State to improve safety at highway-rail grade
crossings, including crossings with multiple accidents
or incidents;
``(2) the progress of each State in implementing its State
highway-rail grade crossings action plan;
``(3) the number of highway-rail grade crossing projects
undertaken pursuant to section 130 of title 23, including the
distribution of such projects by cost range, road system,
nature of treatment, and subsequent accident experience at
improved locations;
``(4) which States are not in compliance with their
schedule of projects under section 130(d) of title 23; and
``(5) any recommendations for future implementation of the
railway-highway crossings program under section 130 of title
23.
``(b) Updates.--Not later than 5 years after the submission of the
report required under subsection (a), the Administrator of the Federal
Railroad Administration, in consultation with the Administrator of the
Federal Highway Administration, shall--
``(1) update the report based on the State annual reports
submitted pursuant to section 130(g) of title 23 and any other
information obtained by or available to the Administrator of
the Federal Railroad Administration; and
``(2) submit the updated report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
``(c) Definitions.--In this section:
``(1) Highway-rail grade crossing.--The term `highway-rail
grade crossing' means a location within a State, other than a
location at which 1 or more railroad tracks cross 1 or more
railroad tracks at grade, at which--
``(A) a public highway, road, or street, or a
private roadway, including associated sidewalks and
pathways, crosses 1 or more railroad tracks, either at
grade or grade-separated; or
``(B) a pathway explicitly authorized by a public
authority or a railroad carrier that--
``(i) is dedicated for the use of
nonvehicular traffic, including pedestrians,
bicyclists, and others;
``(ii) is not associated with a public
highway, road, or street, or a private roadway;
and
``(iii) crosses 1 or more railroad tracks,
either at grade or grade-separated.
``(2) State.--The term `State' means a State of the United
States or the District of Columbia.''.
(2) Clerical amendment.--The analysis for chapter 201 of
title 49, United States Code, is amended by inserting after the
item relating to section 20166 the following:
``20167. Reports on highway-rail grade crossing safety.''.
(c) Annual Report.--Section 130(g) of title 23, United States Code,
is amended to read as follows:
``(g) Annual Report.--
``(1) In general.--Not later than August 31 of each year,
each State shall submit a report to the Administrator of the
Federal Highway Administration that describes--
``(A) the progress being made to implement the
railway-highway crossings program authorized under this
section; and
``(B) the effectiveness of the improvements made as
a result of such implementation.
``(2) Contents.--Each report submitted pursuant to
paragraph (1) shall contain an assessment of--
``(A) the costs of the various treatments employed
by the State to implement the railway-highway crossings
program; and
``(B) the effectiveness of such treatments, as
measured by the accident experience at the locations
that received such treatments.
``(3) Coordination.--Not later than 30 days after the
Federal Highway Administration's acceptance of each report
submitted pursuant to paragraph (1), the Administrator of the
Federal Highway Administration shall make such report available
to the Administrator of the Federal Railroad Administration.''.
SEC. 2404. BLOCKED CROSSING PORTAL.
(a) In General.--The Administrator of the Federal Railroad
Administration shall establish a 3-year blocked crossing portal, which
shall include the maintenance of the portal and corresponding database
to receive, store, and retrieve information regarding blocked highway-
rail grade crossings.
(b) Blocked Crossing Portal.--The Administrator of the Federal
Railroad Administration shall establish a blocked crossing portal
that--
(1) collects information from the public, including first
responders, regarding blocked highway-rail grade crossing
events;
(2) solicits the apparent cause of the blocked crossing and
provides examples of common causes of blocked crossings, such
as idling trains or instances when lights or gates are
activated when no train is present;
(3) provides each complainant with the contact information
for reporting a blocked crossing to the relevant railroad; and
(4) encourages each complainant to report the blocked
crossing to the relevant railroad.
(c) Complaints.--The blocked crossing portal shall be programmed to
receive complaints from the general public about blocked highway-rail
grade crossings. Any complaint reported through the portal shall
indicate whether the complainant also reported the blocked crossing to
the relevant railroad.
(d) Information Received.--In reviewing complaints received
pursuant to subsection (c), the Federal Railroad Administration shall
review, to the extent practicable, the information received from the
complainant to account for duplicative or erroneous reporting.
(e) Use of Information.--The information received and maintained in
the blocked crossing portal database shall be used by the Federal
Railroad Administration--
(1) to identify frequent and long-duration blocked highway-
rail grade crossings;
(2) as a basis for conducting outreach to communities,
emergency responders, and railroads;
(3) to support collaboration in the prevention of incidents
at highway-rail grade crossings; and
(4) to assess the impacts of blocked crossings.
(f) Sharing Information Received.--
(1) In general.--The Administrator of the Federal Railroad
Administration shall implement and make publicly available
procedures for sharing any nonaggregated information received
through the blocked crossing portal with the public.
(2) Rule of construction.--Nothing in this section may be
construed to authorize the Federal Railroad Administration to
make publically available sensitive security information.
(g) Additional Information.--If the information submitted to the
blocked crossing portal is insufficient to determine the locations and
potential impacts of blocked highway-rail grade crossings, the Federal
Railroad Administration may collect, from the general public, State and
local law enforcement personnel, and others as appropriate, and on a
voluntary basis, such additional information as may be necessary to
make such determinations.
(h) Limitations.--Complaints, data, and other information received
through the blocked crossing portal may not be used--
(1) to infer or extrapolate the rate or instances of
crossings beyond the data received through the portal; or
(2) for any regulatory or enforcement purposes except those
specifically described in this section.
(i) Reports.--
(1) Annual public report.--The Administrator of the Federal
Railroad Administration shall publish an annual report on a
public website regarding the blocked crossing program,
including the underlying causes of blocked crossings, program
challenges, and other findings.
(2) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator of the Federal
Railroad Administration shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that describes--
(A) based on the information received through the
blocked crossing portal, frequent and long-duration
blocked highway-rail grade crossings, including the
locations, dates, durations, and impacts resulting from
such occurrences;
(B) the Federal Railroad Administration's process
for verifying the accuracy of the complaints submitted
to the blocked crossing portal, including whether the
portal continues to be effective in collecting such
information and identifying blocked crossings;
(C) the Federal Railroad Administration's use of
the data compiled by the blocked crossing portal to
assess the underlying cause and overall impacts of
blocked crossings;
(D) the engagement of the Federal Railroad
Administration with affected parties to identify and
facilitate solutions to frequent and long-duration
blocked highway-rail grade crossings identified by the
blocked crossing portal; and
(E) whether the blocked crossing portal continues
to be an effective method to collect blocked crossing
information and what changes could improve its
effectiveness.
(j) Sunset.--This section (other than subsection (k)) shall have no
force or effect beginning on the date that is 3 years after the date of
enactment of this Act.
(k) Rule of Construction.--Nothing in this section may be construed
to invalidate any authority of the Secretary with respect to blocked
highway-rail grade crossings. The Secretary may continue to use any
such authority after the sunset date set forth in subsection (j).
SEC. 2405. DATA ACCESSIBILITY.
(a) Review.--Not later than 180 days after the date of enactment of
this Act, the Chief Information Officer of the Department shall--
(1) conduct a review of the website of the Office of Safety
Analysis of the Federal Railroad Administration; and
(2) provide recommendations to the Secretary for improving
the public's usability and accessibility of the website
referred to in paragraph (1).
(b) Updates.--Not later than 1 year after receiving recommendations
from the Chief Information Officer pursuant to subsection (a)(2), the
Secretary, after considering such recommendations, shall update the
website of the Office of Safety Analysis of the Federal Railroad
Administration to improve the usability and accessibility of the
website.
SEC. 2406. EMERGENCY LIGHTING.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall initiate a rulemaking to require that all rail carriers
providing intercity passenger rail transportation or commuter rail
passenger transportation (as such terms are defined in section 24102 of
title 49, United States Code), develop and implement periodic
inspection plans to ensure that passenger equipment offered for revenue
service complies with the requirements under part 238 of title 49, Code
of Federal Regulations, including ensuring that, in the event of a loss
of power, there is adequate emergency lighting available to allow
passengers, crew members, and first responders--
(1) to see and orient themselves;
(2) to identify obstacles;
(3) to safely move throughout the rail car; and
(4) to evacuate safely.
SEC. 2407. COMPREHENSIVE RAIL SAFETY REVIEW OF AMTRAK.
(a) Comprehensive Safety Assessment.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall--
(1) conduct a focused review of Amtrak's safety-related
processes and procedures, compliance with safety regulations
and requirements, and overall safety culture; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that includes the findings and recommendations
resulting from such assessment.
(b) Plan.--
(1) Initial plan.--Not later than 6 months after the
completion of the comprehensive safety assessment under
subsection (a)(1), Amtrak shall submit a plan to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives for addressing the findings and recommendations
raised in the comprehensive safety assessment.
(2) Annual updates.--Amtrak shall submit annual updates of
its progress toward implementing the plan submitted pursuant to
paragraph (1) to the committees listed in such paragraph.
SEC. 2408. COMPLETION OF HOURS OF SERVICE AND FATIGUE STUDIES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Railroad Administration
shall commence the pilot programs required under subparagraphs (A) and
(B) of section 21109(e)(1) of title 49, United States Code.
(b) Consultation.--The Federal Railroad Administration shall
consult with the class or craft of employees impacted by the pilot
projects, including railroad carriers, and representatives of labor
organizations representing the impacted employees when designing and
conducting the pilot programs referred to in subsection (a).
(c) Report.--If the pilot programs required under section
21109(e)(1) of title 49, United States Code, have not commenced on the
date that is 1 year and 120 days after the date of enactment of this
Act, the Secretary, not later than 30 days after such date, submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that describes--
(1) the status of such pilot programs;
(2) actions that the Federal Railroad Administration has
taken to commence the pilot programs, including efforts to
recruit participant railroads;
(3) any challenges impacting the commencement of the pilot
programs; and
(4) any other details associated with the development of
the pilot programs that affect progress toward meeting the
mandate under such section 21109(e)(1).
SEC. 2409. POSITIVE TRAIN CONTROL STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study to determine the annual positive train control system
operation and maintenance costs for public commuter railroads.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that summarizes the study conducted pursuant
to subsection (a), including the estimated annual positive train
control system operation and maintenance costs for public commuter
railroads.
SEC. 2410. OPERATING CREW MEMBER TRAINING, QUALIFICATION, AND
CERTIFICATION.
(a) Audits.--Not later than 60 days after the date of enactment of
this Act, the Secretary shall initiate audits of the training,
qualification, and certification programs of locomotive engineers and
conductors of railroad carriers, subject to the requirements of parts
240 and 242 of title 49, Code of Federal Regulations, which audits
shall--
(1) be conducted in accordance with subsection (b);
(2) consider whether such programs are in compliance with
such parts 240 and 242;
(3) assess the type and content of training that such
programs provide locomotive engineers and conductors, relevant
to their respective roles, including training related to
installed technology;
(4) determine whether such programs provide locomotive
engineers and conductors the knowledge, skill, and ability to
safely operate a locomotive or train, consistent with such
parts 240 and 242;
(5) determine whether such programs reflect the current
operating practices of the railroad carrier;
(6) assess the current practice by which railroads utilize
simulator training, or any other technologies used to train and
qualify locomotive engineers and conductors by examining how
such technologies are used;
(7) consider international experience and practice using
similar technology, as appropriate, particularly before
qualifying locomotive engineers on new or unfamiliar equipment,
new train control, diagnostics, or other on-board technology;
(8) assess the current practice for familiarizing
locomotive engineers and conductors with new territory and
using recurrency training to expose such personnel to normal
and abnormal conditions; and
(9) ensure that locomotive engineers and conductor training
programs are considered separately, as appropriate, based on
the unique requirements and regulations.
(b) Audit Scheduling.--The Secretary shall--
(1) schedule the audits required under subsection (a) to
ensure that--
(A) each Class I railroad, including the National
Railroad Passenger Corporation and other intercity
passenger rail providers, is audited not less
frequently than once every 5 years; and
(B) a select number, as determined appropriate by
the Secretary, of Class II and Class III railroads,
along with other railroads providing passenger rail
service that are not included in subparagraph (A), are
audited annually; and
(2) conduct the audits described in paragraph (1)(B) in
accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) and appendix C of part
209 of title 49, Code of Federal Regulations.
(c) Updates to Qualification and Certification Program.--If the
Secretary, while conducting the audits required under this section,
identifies a deficiency in a railroad's training, qualification, and
certification program for locomotive engineers or conductors, the
railroad shall update the program to eliminate such deficiency.
(d) Consultation and Cooperation.--
(1) Consultation.--In conducting any audit required under
this section, the Secretary shall consult with the railroad and
its employees, including any nonprofit employee labor
organization representing the engineers or conductors of the
railroad.
(2) Cooperation.--The railroad and its employees, including
any nonprofit employee labor organization representing
engineers or conductors of the railroad, shall fully cooperate
with any such audit, including by--
(A) providing any relevant documents requested; and
(B) making available any employees for interview
without undue delay or obstruction.
(3) Failure to cooperate.--If the Secretary determines that
a railroad or any of its employees, including any nonprofit
employee labor organization representing engineers or
conductors of the railroad is not fully cooperating with an
audit, the Secretary shall electronically notify the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(e) Review of Regulations.--The Secretary shall triennially
determine whether any update to part 240 or 242 of title 49, Code of
Federal Regulations, is necessary to better prepare locomotive
engineers and conductors to safely operate trains by evaluating whether
such regulations establish appropriate Federal standards requiring
railroads--
(1) to provide locomotive engineers or conductors the
knowledge and skills to safely operate trains under conditions
that reflect industry practices;
(2) to adequately address locomotive engineer or conductor
route situational awareness, including ensuring locomotive
engineers and conductors to demonstrate knowledge on the
physical characteristics of a territory under various
conditions and using various resources;
(3) to provide relevant and adequate hands-on training
before a locomotive engineer or conductor is certified;
(4) to adequately prepare locomotive engineers or
conductors to understand relevant locomotive operating
characteristics, to include instructions on functions they are
required to operate on any installed technology; and
(5) to address any other safety issue that the Secretary
determines to be appropriate for better preparing locomotive
engineers or conductors.
(f) Annual Report.--The Secretary shall publish an annual report on
the public website of the Federal Railroad Administration that--
(1) summarizes the findings of the prior year's audits;
(2) summarizes any updates made pursuant to subsection (c);
and
(3) excludes and confidential business information or
sensitive security information.
SEC. 2411. TRANSPARENCY AND SAFETY.
Section 20103(d) of title 49, United States Code, is amended to
read as follows:
``(d) Nonemergency Waivers.--
``(1) In general.--The Secretary of Transportation may
waive, or suspend the requirement to comply with, any part of a
regulation prescribed or an order issued under this chapter if
such 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 under this subsection or for a suspension
under subpart E of part 211 of title 49, Code of
Federal Regulations, or successor regulations;
``(B) make available the application for such
waiver or suspension and any nonconfidential underlying
data 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) publish on a publicly accessible website the
reasons for granting each such waiver or suspension.
``(3) Information protection.--Nothing in this subsection
may be construed to require the release of information
protected by law from public disclosure.
``(4) Rulemaking.--
``(A) In general.--Not later than 1 year after the
first day on which a waiver under this subsection or a
suspension under subpart E of part 211 of title 49,
Code of Federal Regulations, or successor regulations,
has been in continuous effect for a 6-year period, the
Secretary shall complete a review and analysis of such
waiver or suspension to determine whether issuing a
rule that is consistent with the waiver is--
``(i) in the public interest; and
``(ii) consistent with railroad safety.
``(B) Factors.--In conducting the review and
analysis under subparagraph (A), the Secretary shall
consider--
``(i) the relevant safety record under the
waiver or suspension;
``(ii) the likelihood that other entities
would have similar safety outcomes;
``(iii) the materials submitted in the
applications, including any comments regarding
such materials; and
``(iv) related rulemaking activity.
``(C) Notice and comment.--
``(i) In general.--The Secretary shall
publish the review and analysis required under
this paragraph in the Federal Register, which
shall include a summary of the data collected
and all relevant underlying data, if the
Secretary decides not to initiate a regulatory
update under subparagraph (D).
``(ii) Notice of proposed rulemaking.--The
review and analysis under this paragraph shall
be included as part of the notice of proposed
rulemaking if the Secretary initiates a
regulatory update under subparagraph (D).
``(D) Regulatory update.--The Secretary may
initiate a rulemaking to incorporate relevant aspects
of a waiver under this subsection or a suspension under
subpart E of part 211 of title 49, Code of Federal
Regulations, or successor regulations, into the
relevant regulation, to the extent the Secretary
considers appropriate.
``(5) Rule of construction.--Nothing in this subsection may
be construed to delay any waiver granted pursuant to this
subsection that is in the public interest and consistent with
railroad safety.''.
SEC. 2412. RESEARCH AND DEVELOPMENT.
Section 20108 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Facilities.--The Secretary may erect, alter, and repair
buildings and make other public improvements to carry out necessary
railroad research, safety, and training activities at the
Transportation Technology Center in Pueblo, Colorado.
``(e) Offsetting Collections.--The Secretary may collect fees or
rents from facility users to offset appropriated amounts for the cost
of providing facilities or research, development, testing, training, or
other services, including long-term sustainment of the on-site physical
plant.
``(f) Revolving Fund.--Amounts appropriated to carry out subsection
(d) and all fees and rents collected pursuant to subsection (e) shall
be credited to a revolving fund and remain available until expended.
The Secretary may use such fees and rents for operation, maintenance,
repair, or improvement of the Transportation Technology Center.
``(g) Leases and Contracts.--Notwithstanding section 1302 of title
40, the Secretary may lease to others or enter into contracts for terms
of up to 20 years, for such consideration and subject to such terms and
conditions as the Secretary determines to be in the best interests of
the Government of the United States, for the operation, maintenance,
repair, and improvement of the Transportation Technology Center.
``(h) Property and Casualty Loss Insurance.--The Secretary may
allow its lessees and contractors to purchase property and casualty
loss insurance for its assets and activities at the Transportation
Technology Center to mitigate the lessee's or contractor's risk
associated with operating a facility.
``(i) Energy Projects.--Notwithstanding section 1341 of title 31,
the Secretary may enter into contracts or agreements, or commit to
obligations in connection with third-party contracts or agreements,
including contingent liability for the purchase of electric power in
connection with such contracts or agreements, for terms not to exceed
20 years, to enable the use of the land at the Transportation
Technology Center for projects to produce energy from renewable
sources.''.
SEC. 2413. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
Section 20108 of title 49, United States Code, as amended by
section 2412, is further amended by adding at the end the following:
``(j) Rail Research and Development Center of Excellence.--
``(1) Center of excellence.--The Secretary shall award
grants to establish and maintain a center of excellence to
advance research and development that improves the safety,
efficiency, and reliability of passenger and freight rail
transportation.
``(2) Eligibility.--An institution of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)) or a consortium of nonprofit institutions of
higher education shall be eligible to receive a grant from the
center established pursuant to paragraph (1).
``(3) Selection criteria.--In awarding a grant under this
subsection, the Secretary shall--
``(A) give preference to applicants with strong
past performance related to rail research, education,
and workforce development activities;
``(B) consider the extent to which the applicant
would involve public and private sector passenger and
freight railroad operators; and
``(C) consider the regional and national impacts of
the applicant's proposal.
``(4) Use of funds.--Grant funds awarded pursuant to this
subsection shall be used for basic and applied research,
evaluation, education, workforce development, and training
efforts related to safety, efficiency, reliability, resiliency,
and sustainability of urban commuter, intercity high-speed, and
freight rail transportation, to include advances in rolling
stock, advanced positive train control, human factors, rail
infrastructure, shared corridors, grade crossing safety,
inspection technology, remote sensing, rail systems
maintenance, network resiliency, operational reliability,
energy efficiency, and other advanced technologies.
``(5) Federal share.--The Federal share of a grant awarded
under this subsection shall be 50 percent of the cost of
establishing and operating the center of excellence and related
research activities carried out by the grant recipient.''.
SEC. 2414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL SYSTEM
PERFORMANCE.
Section 20157 of title 49, United States Code, is amended by adding
at the end the following:
``(m) Reports on Positive Train Control System Performance.--
``(1) In general.--Each host railroad subject to this
section or subpart I of part 236 of title 49, Code of Federal
Regulations, shall electronically submit to the Secretary of
Transportation a Report of PTC System Performance on Form FRA F
6180.152, which shall be submitted on or before the applicable
due date set forth in paragraph (3) and contain the information
described in paragraph (2), which shall be separated by the
host railroad, each applicable tenant railroad, and each
positive train control-governed track segment, consistent with
the railroad's positive train control Implementation Plan
described in subsection (a)(1).
``(2) Required information.--Each report submitted pursuant
to paragraph (1) shall include, for the applicable reporting
period--
``(A) the number of positive train control system
initialization failures, disaggregated by the number of
initialization failures for which the source or cause
was the onboard subsystem, the wayside subsystem, the
communications subsystem, the back office subsystem, or
a non-positive train control component;
``(B) the number of positive train control system
cut outs, disaggregated by each component listed in
subparagraph (A) that was the source or cause of such
cut outs;
``(C) the number of positive train control system
malfunctions, disaggregated by each component listed in
subparagraph (A) that was the source or cause of such
malfunctions;
``(D) the number of enforcements by the positive
train control system;
``(E) the number of enforcements by the positive
train control system in which it is reasonable to
assume an accident or incident was prevented;
``(F) the number of scheduled attempts at
initialization of the positive train control system;
``(G) the number of train miles governed by the
positive train control system; and
``(H) a summary of any actions the host railroad
and its tenant railroads are taking to reduce the
frequency and rate of initialization failures, cut
outs, and malfunctions, such as any actions to correct
or eliminate systemic issues and specific problems.
``(3) Due dates.--
``(A) In general.--Except as provided in
subparagraph (B), each host railroad shall
electronically submit the report required under
paragraph (1) not later than--
``(i) April 30, for the period from January
1 through March 31;
``(ii) July 31, for the period from April 1
through June 30;
``(iii) October 31, for the period from
July 1 through September 30; and
``(iv) January 31, for the period from
October 1 through December 31 of the prior
calendar year.
``(B) Frequency reduction.--Beginning on the date
that is 3 years after the date of enactment of the
Passenger Rail Expansion and Rail Safety Act of 2021,
the Secretary shall reduce the frequency with which
host railroads are required to submit the report
described in paragraph (1) to not less frequently than
twice per year, unless the Secretary--
``(i) determines that quarterly reporting
is in the public interest; and
``(ii) publishes a justification for such
determination in the Federal Register.
``(4) Tenant railroads.--Each tenant railroad that operates
on a host railroad's positive train control-governed main line
and is not currently subject to an exception under section
236.1006(b) of title 49, Code of Federal Regulations, shall
submit the information described in paragraph (2) to each
applicable host railroad on a continuous basis.
``(5) Enforcements.--Any railroad operating a positive
train control system classified under Federal Railroad
Administration Type Approval number FRA-TA-2010-001 or FRA-TA-
2013-003 shall begin submitting the metric required under
paragraph (2)(D) not later than January 31, 2023.''.
SEC. 2415. SPEED LIMIT ACTION PLANS.
(a) Codification of, and Amendment to, Section 11406 of the FAST
Act.--Subchapter II of chapter 201 of subtitle V of title 49, United
States Code, is amended by inserting after section 20168 the following:
``Sec. 20169. Speed limit action plans
``(a) In General.--Not later than March 3, 2016, each railroad
carrier providing intercity rail passenger transportation or commuter
rail passenger transportation, in consultation with any applicable host
railroad carrier, shall survey its entire system and identify each main
track location where there is a reduction of more than 20 miles per
hour from the approach speed to a curve, bridge, or tunnel and the
maximum authorized operating speed for passenger trains at that curve,
bridge, or tunnel.
``(b) Action Plans.--Not later than 120 days after the date that
the survey under subsection (a) is complete, a railroad carrier
described in subsection (a) shall submit to the Secretary of
Transportation an action plan that--
``(1) identifies each main track location where there is a
reduction of more than 20 miles per hour from the approach
speed to a curve, bridge, or tunnel and the maximum authorized
operating speed for passenger trains at that curve, bridge, or
tunnel;
``(2) describes appropriate actions to enable warning and
enforcement of the maximum authorized speed for passenger
trains at each location identified under paragraph (1),
including--
``(A) modification to automatic train control
systems, if applicable, or other signal systems;
``(B) increased crew size;
``(C) installation of signage alerting train crews
of the maximum authorized speed for passenger trains in
each location identified under paragraph (1);
``(D) installation of alerters;
``(E) increased crew communication; and
``(F) other practices;
``(3) contains milestones and target dates for implementing
each appropriate action described under paragraph (2); and
``(4) ensures compliance with the maximum authorized speed
at each location identified under paragraph (1).
``(c) Approval.--Not later than 90 days after the date on which an
action plan is submitted under subsection (b) or (d)(2), the Secretary
shall approve, approve with conditions, or disapprove the action plan.
``(d) Periodic Reviews and Updates.--Each railroad carrier that
submits an action plan to the Secretary pursuant to subsection (b)
shall--
``(1) not later than 1 year after the date of enactment of
the Passenger Rail Expansion and Rail Safety Act of 2021, and
annually thereafter, review such plan to ensure the
effectiveness of actions taken to enable warning and
enforcement of the maximum authorized speed for passenger
trains at each location identified pursuant to subsection
(b)(1); and
``(2) not later than 90 days before implementing any
significant operational or territorial operating change,
including initiating a new service or route, submit to the
Secretary a revised action plan, after consultation with any
applicable host railroad, that addresses such operational or
territorial operating change.
``(e) New Service.--If a railroad carrier providing intercity rail
passenger transportation or commuter rail passenger transportation did
not exist on the date of enactment of the FAST Act (Public Law 114-94;
129 Stat. 1312), such railroad carrier, in consultation with any
applicable host railroad carrier, shall--
``(1) survey its routes pursuant to subsection (a) not
later than 90 days after the date of enactment of the Passenger
Rail Expansion and Rail Safety Act of 2021; and
``(2) develop an action plan pursuant to subsection (b) not
later than 120 days after the date on which such survey is
complete.
``(f) Alternative Safety Measures.--The Secretary may exempt from
the requirements under this section each segment of track for which
operations are governed by a positive train control system certified
under section 20157, or any other safety technology or practice that
would achieve an equivalent or greater level of safety in reducing
derailment risk.
``(g) Prohibition.--No new intercity or commuter rail passenger
service may begin operation unless the railroad carrier providing such
service is in compliance with the requirements under this section.
``(h) Savings Clause.--Nothing in this section may be construed to
prohibit the Secretary from applying the requirements under this
section to other segments of track at high risk of overspeed
derailment.''.
(b) Clerical Amendment.--The analysis for chapter 201 of subtitle V
of title 49, United States Code, is amended by adding at the end the
following:
``20169. Speed limit action plans.''.
SEC. 2416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.
(a) In General.--Subchapter II of chapter 201 of subtitle V of
title 49, United States Code, as amended by section 2415, is further
amended by adding at the end the following:
``Sec. 20170. Pre-revenue service safety validation plan
``(a) Plan Submission.--Any railroad providing new, regularly
scheduled, intercity or commuter rail passenger transportation, an
extension of existing service, or a renewal of service that has been
discontinued for more than 180 days shall develop and submit for review
a comprehensive pre-revenue service safety validation plan to the
Secretary of Transportation not later than 60 days before initiating
such revenue service. Such plan shall include pertinent safety
milestones and a minimum period of simulated revenue service to ensure
operational readiness and that all safety sensitive personnel are
properly trained and qualified.
``(b) Compliance.--After submitting a plan pursuant to subsection
(a), the railroad shall adopt and comply with such plan and may not
amend the plan without first notifying the Secretary of the proposed
amendment. Revenue service may not begin until the railroad has
completed the requirements of its plan, including the minimum simulated
service period required by the plan.
``(c) Rulemaking.--The Secretary shall promulgate regulations to
carry out this section, including--
``(1) requiring that any identified safety deficiencies be
addressed and corrected before the initiation of revenue
service; and
``(2) establishing appropriate deadlines to enable the
Secretary to review and approve the pre-revenue service safety
validation plan to ensure that service is not unduly
delayed.''.
(b) Clerical Amendment.--The analysis for chapter 201 of title 49,
United States Code, as amended by section 2415(b), is further amended
by adding at the end the following:
``20170. Pre-revenue service safety validation plan.''.
SEC. 2417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND INCIDENT
INVESTIGATIONS.
Section 20902 of title 49, United States Code, is amended--
(1) in subsection (b) by striking ``subpena'' and inserting
``subpoena''; and
(2) by adding at the end the following:
``(d) Gathering Information and Technical Expertise.--
``(1) In general.--The Secretary shall create a standard
process for investigators to use during accident and incident
investigations conducted under this section for determining
when it is appropriate and the appropriate method for--
``(A) gathering information about an accident or
incident under investigation from railroad carriers,
contractors or employees of railroad carriers or
representatives of employees of railroad carriers, and
others, as determined relevant by the Secretary; and
``(B) consulting with railroad carriers,
contractors or employees of railroad carriers or
representatives of employees of railroad carriers, and
others, as determined relevant by the Secretary, for
technical expertise on the facts of the accident or
incident under investigation.
``(2) Confidentiality.--In developing the process required
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) Applicability.--This subsection shall not apply to
any investigation carried out by the National Transportation
Safety Board.''.
SEC. 2418. CIVIL PENALTY ENFORCEMENT AUTHORITY.
Section 21301(a) of title 49, United States Code, is amended by
striking paragraph (3) and inserting the following:
``(3) The Secretary may find that a person has violated this
chapter or a regulation prescribed or order, special permit, or
approval issued under this chapter only after notice and an opportunity
for a hearing. The Secretary shall impose a penalty under this section
by giving the person written notice of the amount of the penalty. The
Secretary may compromise the amount of a civil penalty by settlement
agreement without issuance of an order. In determining the amount of a
compromise, the Secretary shall consider--
``(A) the nature, circumstances, extent, and gravity of the
violation;
``(B) with respect to the violator, the degree of
culpability, any history of violations, the ability to pay, and
any effect on the ability to continue to do business; and
``(C) other matters that justice requires.
``(4) The Attorney General may bring a civil action in an
appropriate district court of the United States to collect a civil
penalty imposed or compromise under this section and any accrued
interest on the civil penalty. In the civil action, the amount and
appropriateness of the civil penalty shall not be subject to review.''.
SEC. 2419. ADVANCING SAFETY AND INNOVATIVE TECHNOLOGY.
(a) In General.--Section 26103 of title 49, United States Code, is
amended to read as follows:
``Sec. 26103. Safety regulations and evaluation
``The Secretary--
``(1) shall promulgate such safety regulations as may be
necessary for high-speed rail services;
``(2) shall, before promulgating such regulations, consult
with developers of new high-speed rail technologies to develop
a method for evaluating safety performance; and
``(3) may solicit feedback from relevant safety experts or
representatives of rail employees who perform work on similar
technology or who may be expected to perform work on new
technology, as appropriate.''.
(b) Clerical Amendment.--The analysis for chapter 261 of title 49,
United States Code, is amended by striking the item relating to section
26103 and inserting the following:
``26103. Safety regulations and evaluation.''.
SEC. 2420. PASSENGER RAIL VEHICLE OCCUPANT PROTECTION SYSTEMS.
(a) Study.--The Administrator of the Federal Railroad
Administration shall conduct a study of the potential installation and
use in new passenger rail rolling stock of passenger rail vehicle
occupant protection systems that could materially improve passenger
safety.
(b) Considerations.--In conducting the study under subsection (a),
the Administrator shall consider minimizing the risk of secondary
collisions, including estimating the costs and benefits of the new
requirements, through the use of--
(1) occupant restraint systems;
(2) air bags;
(3) emergency window retention systems; and
(4) interior designs, including seats, baggage restraints,
and table configurations and attachments.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall--
(1) submit a report summarizing the findings of the study
conducted pursuant to subsection (a) to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives; and
(2) publish such report on the website of the Federal
Railroad Administration.
(d) Rulemaking.--Following the completion of the study required
under subsection (a), and after considering the costs and benefits of
the proposed protection systems, the Administrator may promulgate a
rule that establishes standards for the use of occupant protection
systems in new passenger rail rolling stock.
SEC. 2421. FEDERAL RAILROAD ADMINISTRATION REPORTING REQUIREMENTS.
(a) Elimination of Duplicative or Unnecessary Reporting or
Paperwork Requirements in the Federal Railroad Administration.--
(1) Review.--The Administrator of the Federal Railroad
Administration (referred to in this subsection as the ``FRA
Administrator''), in consultation with the Administrator of the
Federal Transit Administration, shall conduct a review of
existing reporting and paperwork requirements in the Federal
Railroad Administration to determine if any such requirements
are duplicative or unnecessary.
(2) Elimination of certain requirements.--If the FRA
Administrator determines, as a result of the review conducted
pursuant to paragraph (1), that any reporting or paperwork
requirement that is not statutorily required is duplicative or
unnecessary, the FRA Administrator, after consultation with the
Administrator of the Federal Transit Administration, shall
terminate such requirement.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the FRA Administrator shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that--
(A) identifies all of the reporting or paperwork
requirements that were terminated pursuant to paragraph
(2); and
(B) identifies any statutory reporting or paperwork
requirements that are duplicative or unnecessary and
should be repealed.
(b) Safety Reporting.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for the following 4
years, the Secretary shall update Special Study Block 49 on Form FRA F
6180.54 (Rail Equipment Accident/Incident Report) to collect, with
respect to trains involved in accidents required to be reported to the
Federal Railroad Administration--
(1) the number of cars and length of the involved trains;
and
(2) the number of crew members who were aboard a
controlling locomotive involved in an accident at the time of
such accident.
SEC. 2422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN 7,500 FEET.
(a) Study.--The Secretary shall seek to enter into an agreement
with the National Academies to conduct a study on the operation of
freight trains that are longer than 7,500 feet.
(b) Elements.--The study conducted pursuant to subsection (a)
shall--
(1) examine any potential impacts to safety from the
operation of freight trains that are longer than 7,500 feet and
the mitigation of any identified risks, including--
(A) any potential changes in the risk of loss of
communications between the end of train device and the
locomotive cab, including communications over differing
terrains and conditions;
(B) any potential changes in the risk of loss of
radio communications between crew members when a crew
member alights from the train, including communications
over differing terrains and conditions;
(C) any potential changes in the risk of
derailments, including any risks associated with in-
train compressive forces and slack action or other
safety risks in the operations of such trains in
differing terrains and conditions;
(D) any potential impacts associated with the
deployment of multiple distributed power units in the
consists of such trains; and
(E) any potential impacts on braking and locomotive
performance and track wear and tear;
(2) evaluate any impacts on scheduling and efficiency of
passenger operations and in the shipping of goods by freight as
a result of longer trains;
(3) determine whether additional engineer and conductor
training is required for safely operating such trains;
(4) assess the potential impact on the amount of time and
frequency of occurrence highway-rail grade crossings are
occupied; and
(5) identify any potential environmental impacts, including
greenhouse gas emissions, that have resulted from the operation
of longer trains.
(c) Comparison.--When evaluating the potential impacts of the
operation of trains longer than 7,500 feet under subsection (b), the
impacts of such trains shall be compared to the impacts of trains that
are shorter than 7,500 feet, after taking into account train frequency.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that contains the results of the study conducted by the National
Academies under this section.
(e) Funding.--From the amounts appropriated for fiscal year 2021
pursuant to the authorization under section 20117(a) of title 49,
United States Code, the Secretary shall expend not less than $1,000,000
and not more than $2,000,000 to carry out the study required under this
section.
SEC. 2423. HIGH-SPEED TRAIN NOISE EMISSIONS.
(a) In General.--Section 17 of the Noise Control Act of 1972 (42
U.S.C. 4916) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) High-speed Train Noise Emissions.--
``(1) In general.--The Secretary of Transportation, in
consultation with the Administrator, may prescribe regulations
governing railroad-related noise emission standards for trains
operating on the general railroad system of transportation at
speeds exceeding 160 miles per hour, including noise related to
magnetic levitation systems and other new technologies not
traditionally associated with railroads.
``(2) Factors in rulemaking.--The regulations prescribed
pursuant to paragraph (1) may--
``(A) consider variances in maximum pass-by noise
with respect to the speed of the equipment;
``(B) account for current engineering best
practices; and
``(C) encourage the use of noise mitigation
techniques to the extent reasonable if the benefits
exceed the costs.
``(3) Conventional-speed trains.--Railroad-related noise
regulations prescribed under subsection (a) shall continue to
govern noise emissions from the operation of trains, including
locomotives and rail cars, when operating at speeds not
exceeding 160 miles per hour.''.
(b) Technical Amendment.--The second sentence of section 17(b) of
the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended by
striking ``the Safety Appliance Acts, the Interstate Commerce Act, and
the Department of Transportation Act'' and inserting ``subtitle V of
title 49, United States Code''.
SEC. 2424. CRITICAL INCIDENT STRESS PLANS.
The Secretary shall amend part 272 of title 49, Code of Federal
Regulations, to the extent necessary to ensure that--
(1) the coverage of a critical incident stress plan under
section 272.7 of such part includes employees of commuter
railroads and intercity passenger railroads (as such terms are
defined in section 272.9 of such part), including employees who
directly interact with passengers; and
(2) an assault against an employee requiring medical
attention is included in the definition of critical incident
under section 272.9 of such part.
SEC. 2425. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED INTO SERVICE
IN THE UNITED STATES.
(a) In General.--Subchapter II of chapter 201 of subtitle V of
title 49, United States Code (as amended by section 2416(a)), is
amended by adding at the end the following:
``Sec. 20171. Requirements for railroad freight cars placed into
service in the United States
``(a) Definitions.--In this section:
``(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 Passenger Rail
Expansion and Rail Safety Act of 2021;
``(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 (as defined in subsection (g)(3) of such 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
such 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) a box car;
``(B) a refrigerator car;
``(C) a ventilator car;
``(D) an intermodal well car;
``(E) a gondola car;
``(F) a hopper car;
``(G) an auto rack car;
``(H) a flat car;
``(I) a special car;
``(J) a caboose car;
``(K) a tank car; and
``(L) a 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) global positioning system 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 sub-assemblies.
``(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.--
``(1) Limitation on railroad freight cars.--A railroad
freight car wholly manufactured on or after the date that is 1
year after the date of issuance of the regulations required
under subsection (c)(1) may only operate on the United States
general railroad system of transportation 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 a state-owned enterprise; and
``(C) none of the content of the railroad freight
car, excluding sensitive technology, originates from a
country of concern or is sourced from a state-owned
enterprise that has been determined by a recognized
court or administrative agency of competent
jurisdiction and legal authority to have violated or
infringed valid United States intellectual property
rights of another including such a finding by a Federal
district court under title 35 or the U.S. International
Trade Commission under section 337 of the Tariff Act of
1930 (19 U.S.C. 1337).
``(2) Limitation on railroad freight car content.--
``(A) Percentage limitation.--
``(i) Initial limitation.--Not later than 1
year after the date of issuance of the
regulations required under subsection (c)(1), a
railroad freight car described in paragraph (1)
may operate on the United States general
railroad system of transportation only if 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) Subsequent limitation.--Effective
beginning on the date that is 3 years after the
date of issuance of the regulations required
under subsection (c)(1), a railroad freight car
described in paragraph (1) may operate on the
United States general railroad system of
transportation only if not more than 15 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.
``(B) Conflict.--The percentages specified in
clauses (i) and (ii) of subparagraph (A), as
applicable, shall apply notwithstanding any apparent
conflict with provisions of chapter 4 of the USMCA.
``(c) Regulations and Penalties.--
``(1) Regulations required.--Not later than 2 years after
the date of enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021, the Secretary of Transportation shall issue
such regulations as are necessary to carry out this section,
including for the monitoring 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 general
railroad system of transportation, the manufacturer of such car
shall annually certify to the Secretary of Transportation that
any railroad freight cars to be so provided meet the
requirements under this section.
``(3) Compliance.--
``(A) Valid certification required.--At the time a
railroad freight car begins operation on the United
States general railroad system of transportation, the
manufacturer of such railroad freight car shall have
valid certification described in 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
under this section in the Association of American
Railroad's Umler system.
``(4) Civil penalties.--
``(A) In general.--Pursuant to section 21301, the
Secretary of Transportation may assess a civil penalty
of not less than $100,000, but not more than $250,000,
for each violation of this section for each railroad
freight car.
``(B) Prohibition on operation 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 general
railroad system of transportation until the Secretary
determines--
``(i) such manufacturer is in compliance
with this section; and
``(ii) all civil penalties assessed to such
manufacturer pursuant to subparagraph (A) have
been paid in full.''.
(b) Clerical Amendment.--The analysis for chapter 201 of subtitle V
of title 49, United States Code (as amended by section 2416(b)), is
amended by adding at the end the following:
``20171. Requirements for railroad freight cars placed into service in
the United States.''.
SEC. 2426. RAILROAD POINT OF CONTACT FOR PUBLIC SAFETY ISSUES.
All railroads shall--
(1) provide railroad contact information for public safety
issues, including a telephone number, to the relevant Federal,
State, and local oversight agencies; and
(2) post the information described in paragraph (1) on a
publicly accessible website.
SEC. 2427. CONTROLLED SUBSTANCES TESTING FOR MECHANICAL EMPLOYEES.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall amend the regulations under part 219 of title 49,
Code of Federal Regulations, to require all mechanical employees of
railroads to be subject to all of the breath or body fluid testing set
forth in subpart C, D, and E of such part, including random testing,
reasonable suspicion testing, reasonable cause testing, pre-employment
testing, return-to-duty testing, and follow-up testing.
TITLE III--MOTOR CARRIER SAFETY
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
(a) Administrative Expenses.--Section 31110 of title 49, United
States Code, is amended by striking subsection (a) and inserting the
following:
``(a) Administrative Expenses.--There are 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) $360,000,000 for fiscal year 2022;
``(2) $367,500,000 for fiscal year 2023;
``(3) $375,000,000 for fiscal year 2024;
``(4) $382,500,000 for fiscal year 2025; and
``(5) $390,000,000 for fiscal year 2026.''.
(b) Financial Assistance Programs.--Section 31104 of title 49,
United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Financial Assistance Programs.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account)--
``(1) subject to subsection (c), to carry out the motor
carrier safety assistance program under section 31102 (other
than the high priority program under subsection (l) of that
section)--
``(A) $390,500,000 for fiscal year 2022;
``(B) $398,500,000 for fiscal year 2023;
``(C) $406,500,000 for fiscal year 2024;
``(D) $414,500,000 for fiscal year 2025; and
``(E) $422,500,000 for fiscal year 2026;
``(2) subject to subsection (c), to carry out the high
priority program under section 31102(l) (other than the
commercial motor vehicle enforcement training and support grant
program under paragraph (5) of that section)--
``(A) $57,600,000 for fiscal year 2022;
``(B) $58,800,000 for fiscal year 2023;
``(C) $60,000,000 for fiscal year 2024;
``(D) $61,200,000 for fiscal year 2025; and
``(E) $62,400,000 for fiscal year 2026;
``(3) to carry out the commercial motor vehicle enforcement
training and support grant program under section 31102(l)(5),
$5,000,000 for each of fiscal years 2022 through 2026;
``(4) to carry out the commercial motor vehicle operators
grant program under section 31103--
``(A) $1,100,000 for fiscal year 2022;
``(B) $1,200,000 for fiscal year 2023;
``(C) $1,300,000 for fiscal year 2024;
``(D) $1,400,000 for fiscal year 2025; and
``(E) $1,500,000 for fiscal year 2026; and
``(5) subject to subsection (c), to carry out the financial
assistance program for commercial driver's license
implementation under section 31313--
``(A) $41,800,000 for fiscal year 2022;
``(B) $42,650,000 for fiscal year 2023;
``(C) $43,500,000 for fiscal year 2024;
``(D) $44,350,000 for fiscal year 2025; and
``(E) $45,200,000 for fiscal year 2026.'';
(2) in subsection (b)(2)--
(A) in the third sentence, by striking ``The
Secretary'' and inserting the following:
``(C) In-kind contributions.--The Secretary'';
(B) in the second sentence, by striking ``The
Secretary'' and inserting the following:
``(B) Limitation.--The Secretary'';
(C) in the first sentence--
(i) by inserting ``(except subsection
(l)(5) of that section)'' after ``section
31102''; and
(ii) by striking ``The Secretary'' and
inserting the following:
``(A) Reimbursement percentage.--
``(i) In general.--The Secretary''; and
(D) in subparagraph (A) (as so designated), by
adding at the end the following:
``(ii) Commercial motor vehicle enforcement
training and support grant program.--The
Secretary shall reimburse a recipient, in
accordance with a financial assistance
agreement made under section 31102(l)(5), an
amount that is equal to 100 percent of the
costs incurred by the recipient in a fiscal
year in developing and implementing a training
program under that section.'';
(3) in subsection (c)--
(A) in the subsection heading, by striking
``Partner Training and'';
(B) in the first sentence--
(i) by striking ``(4)'' and inserting
``(5)''; and
(ii) by striking ``partner training and'';
and
(C) by striking the second sentence; and
(4) in subsection (f)--
(A) in paragraph (1), by striking ``for the next
fiscal year'' and inserting ``for the next 2 fiscal
years'';
(B) in paragraph (4), by striking ``for the next
fiscal year'' and inserting ``for the next 2 fiscal
years'';
(C) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(D) by inserting after paragraph (3) the following:
``(4) For grants made for carrying out section 31102(l)(5),
for the fiscal year in which the Secretary approves the
financial assistance agreement and for the next 4 fiscal
years.''; and
(5) in subsection (i)--
(A) by striking ``Amounts not expended'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2),
amounts not expended''; and
(B) by adding at the end the following:
``(2) Motor carrier safety assistance program.--Amounts
made available for the motor carrier safety assistance program
established under section 31102 (other than amounts made
available to carry out section 31102(l)) that are not expended
by a recipient during the period of availability shall be
released back to the Secretary for reallocation under that
program.''.
(c) Enforcement Data Updates.--Section 31102(h)(2)(A) of title 49,
United States Code, is amended by striking ``2004 and 2005'' and
inserting ``2014 and 2015''.
SEC. 3002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144 of the SAFETEA-LU (49 U.S.C. 31100 note; Public Law
109-59) is amended--
(1) in subsection (b)(1), in the second sentence, by
inserting ``, including small business motor carriers'' after
``industry''; and
(2) in subsection (d), by striking ``September 30, 2013''
and inserting ``September 30, 2025''.
SEC. 3003. COMBATING HUMAN TRAFFICKING.
Section 31102(l) of title 49, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (G)(ii), by striking ``and'' at
the end;
(B) by redesignating subparagraph (H) as
subparagraph (J); and
(C) by inserting after subparagraph (G) the
following:
``(H) support, through the use of funds otherwise
available for such purposes--
``(i) the recognition, prevention, and
reporting of human trafficking, including the
trafficking of human beings--
``(I) in a commercial motor
vehicle; or
``(II) by any occupant, including
the operator, of a commercial motor
vehicle;
``(ii) the detection of criminal activity
or any other violation of law relating to human
trafficking; and
``(iii) enforcement of laws relating to
human trafficking;
``(I) otherwise support the recognition,
prevention, and reporting of human trafficking; and'';
and
(2) in paragraph (3)(D)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(iv) for the detection of, and
enforcement actions taken as a result of,
criminal activity (including the trafficking of
human beings)--
``(I) in a commercial motor
vehicle; or
``(II) by any occupant, including
the operator, of a commercial motor
vehicle; and
``(v) in addition to any funds otherwise
made available for the recognition, prevention,
and reporting of human trafficking, to support
the recognition, prevention, and reporting of
human trafficking.''.
SEC. 3004. IMMOBILIZATION GRANT PROGRAM.
Section 31102(l) of title 49, United States Code, is amended by
adding at the end the following:
``(4) Immobilization grant program.--
``(A) Definition of passenger-carrying commercial
motor vehicle.--In this paragraph, the term `passenger-
carrying commercial motor vehicle' has the meaning
given the term `commercial motor vehicle' in section
31301.
``(B) Establishment.--The Secretary shall establish
an immobilization grant program under which the
Secretary shall provide to States discretionary grants
for the immobilization or impoundment of passenger-
carrying commercial motor vehicles that--
``(i) are determined to be unsafe; or
``(ii) fail inspection.
``(C) List of criteria for immobilization.--The
Secretary, in consultation with State commercial motor
vehicle entities, shall develop a list of commercial
motor vehicle safety violations and defects that the
Secretary determines warrant the immediate
immobilization of a passenger-carrying commercial motor
vehicle.
``(D) Eligibility.--A State shall be eligible to
receive a grant under this paragraph only if the State
has the authority to require the immobilization or
impoundment of a passenger-carrying commercial motor
vehicle--
``(i) with respect to which a motor vehicle
safety violation included in the list developed
under subparagraph (C) is determined to exist;
or
``(ii) that is determined to have a defect
included in that list.
``(E) Use of funds.--A grant provided under this
paragraph may be used for--
``(i) the immobilization or impoundment of
passenger-carrying commercial motor vehicles
described in subparagraph (D);
``(ii) safety inspections of those
passenger-carrying commercial motor vehicles;
and
``(iii) any other activity relating to an
activity described in clause (i) or (ii), as
determined by the Secretary.
``(F) Secretary authorization.--The Secretary may
provide to a State amounts for the costs associated
with carrying out an immobilization program using funds
made available under section 31104(a)(2).''.
SEC. 3005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND SUPPORT.
Section 31102(l) of title 49, United States Code (as amended by
section 3004), is amended--
(1) in paragraph (1), by striking ``(2) and (3)'' and
inserting ``(2) through (5)''; and
(2) by adding at the end the following:
``(5) Commercial motor vehicle enforcement training and
support grant program.--
``(A) In general.--The Secretary shall administer a
commercial motor vehicle enforcement training and
support grant program funded under section 31104(a)(3),
under which the Secretary shall make discretionary
grants to eligible entities described in subparagraph
(C) for the purposes described in subparagraph (B).
``(B) Purposes.--The purposes of the grant program
under subparagraph (A) are--
``(i) to train non-Federal employees who
conduct commercial motor vehicle enforcement
activities; and
``(ii) to develop related training
materials.
``(C) Eligible entities.--An entity eligible for a
discretionary grant under the program described in
subparagraph (A) is a nonprofit organization that has--
``(i) expertise in conducting a training
program for non-Federal employees; and
``(ii) the ability to reach and involve in
a training program a target population of
commercial motor vehicle safety enforcement
employees.''.
SEC. 3006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION.
(a) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31132 of
title 49, United States Code.
(2) Study.--The term ``study'' means the study carried out
under subsection (b).
(b) Study.--The Secretary shall carry out a comprehensive study--
(1) to determine the causes of, and contributing factors
to, crashes that involve a commercial motor vehicle; and
(2) to identify data requirements, data collection
procedures, reports, and any other measures that can be used to
improve the ability of States and the Secretary--
(A) to evaluate future crashes involving commercial
motor vehicles;
(B) to monitor crash trends and identify causes and
contributing factors; and
(C) to develop effective safety improvement
policies and programs.
(c) Design.--The study shall be designed to yield information that
can be used to help policy makers, regulators, and law enforcement
identify activities and other measures that are likely to lead to
reductions in--
(1) the frequency of crashes involving a commercial motor
vehicle;
(2) the severity of crashes involving a commercial motor
vehicle; and
(3) fatalities and injuries.
(d) Consultation.--In designing and carrying out the study, the
Secretary may consult with individuals or entities with expertise on--
(1) crash causation and prevention;
(2) commercial motor vehicles, commercial drivers, and
motor carriers, including passenger carriers;
(3) highways and noncommercial motor vehicles and drivers;
(4) Federal and State highway and motor carrier safety
programs;
(5) research methods and statistical analysis; and
(6) other relevant topics, as determined by the Secretary.
(e) Public Comment.--The Secretary shall make available for public
comment information about the objectives, methodology, implementation,
findings, and other aspects of the study.
(f) Reports.--As soon as practicable after the date on which the
study is completed, the Secretary shall submit to Congress a report
describing the results of the study and any legislative recommendations
to facilitate reductions in the matters described in paragraphs (1)
through (3) of subsection (c).
SEC. 3007. PROMOTING WOMEN IN THE TRUCKING WORKFORCE.
(a) 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.
(b) Sense of Congress Regarding Women in Trucking.--It is the sense
of Congress that the trucking industry should explore every opportunity
to encourage and support the pursuit and retention of careers in
trucking by women, including through programs that support recruitment,
driver training, and mentorship.
(c) 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)(1).
(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 more than 100 power units.
(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 not fewer than 11
power units and not more than 100 power units.
(5) Power unit.--The term ``power unit'' means a self-
propelled vehicle under the jurisdiction of the Federal Motor
Carrier Safety Administration.
(6) Small trucking company.--The term ``small trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with not fewer than 1 power unit
and not more than 10 power units.
(d) Women of Trucking Advisory Board.--
(1) 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 review and report on policies that--
(A) provide education, training, mentorship, or
outreach to women in the trucking industry; and
(B) recruit, retain, or advance women in the
trucking industry.
(2) Membership.--
(A) In general.--The Board shall be composed of not
fewer than 8 members whose backgrounds, experience, and
certifications allow those members to contribute
balanced points of view and diverse ideas regarding the
matters described in paragraph (3)(B).
(B) Appointment.--
(i) In general.--Not later than 270 days
after the date of enactment of this Act, the
Administrator shall appoint the members of the
Board, of whom--
(I) not fewer than 1 shall be a
representative of large trucking
companies;
(II) not fewer than 1 shall be a
representative of mid-sized trucking
companies;
(III) not fewer than 1 shall be a
representative of small trucking
companies;
(IV) not fewer than 1 shall be a
representative of nonprofit
organizations in the trucking industry;
(V) not fewer than 1 shall be a
representative of trucking business
associations;
(VI) not fewer than 1 shall be a
representative of independent owner-
operators;
(VII) not fewer than 1 shall be a
woman who is a professional truck
driver; and
(VIII) not fewer than 1 shall be a
representative of an institution of
higher education or trucking trade
school.
(ii) Diversity.--A member of the Board
appointed under any of subclauses (I) through
(VIII) of clause (i) may not be appointed under
any other subclause of that clause.
(C) Terms.--Each member shall be appointed for the
life of the Board.
(D) Compensation.--A member of the Board shall
serve without compensation.
(3) Duties.--
(A) In general.--The Board shall identify--
(i) barriers and industry trends that
directly or indirectly discourage women from
pursuing and retaining careers in trucking,
including--
(I) any particular barriers and
trends that impact women minority
groups;
(II) any particular barriers and
trends that impact women who live in
rural, suburban, or urban areas; and
(III) any safety risks unique to
women in the trucking industry;
(ii) ways in which the functions of
trucking companies, nonprofit organizations,
training and education providers, and trucking
associations may be coordinated to facilitate
support for women pursuing careers in trucking;
(iii) opportunities to expand existing
opportunities for women in the trucking
industry; and
(iv) opportunities to enhance trucking
training, mentorship, education, and
advancement and outreach programs that would
increase the number of women in the trucking
industry.
(B) Report.--Not later than 2 years after the date
of enactment of this Act, the Board shall submit to the
Administrator a report containing the findings and
recommendations of the Board, including recommendations
that companies, associations, institutions, other
organizations, or the Administrator may adopt--
(i) to address any industry trends
identified under subparagraph (A)(i);
(ii) to coordinate the functions of
trucking companies, nonprofit organizations,
and trucking associations in a manner that
facilitates support for women pursuing careers
in trucking;
(iii)(I) to take advantage of any
opportunities identified under subparagraph
(A)(iii); and
(II) to create new opportunities to expand
existing scholarship opportunities for women in
the trucking industry; and
(iv) to enhance trucking training,
mentorship, education, and outreach programs
that are exclusive to women.
(4) Report to congress.--
(A) In general.--Not later than 3 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--
(i) the findings and recommendations of the
Board under paragraph (3)(B); and
(ii) any actions taken by the Administrator
to adopt the recommendations of the Board (or
an explanation of the reasons for not adopting
the recommendations).
(B) Public availability.--The Administrator shall
make the report under subparagraph (A) publicly
available--
(i) on the website of the Federal Motor
Carrier Safety Administration; and
(ii) in appropriate offices of the Federal
Motor Carrier Safety Administration.
(5) Termination.--The Board shall terminate on submission
of the report to Congress under paragraph (4).
SEC. 3008. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR
VEHICLES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall solicit additional comment on the
advance notice of proposed rulemaking entitled ``State Inspection
Programs for Passenger-Carrier Vehicles'' (81 Fed. Reg. 24769 (April
27, 2016)).
(b) Final Rule.--
(1) In general.--After reviewing all comments received in
response to the solicitation under subsection (a), if the
Secretary determines that data and information exist to support
moving forward with a final rulemaking action, the Secretary
shall issue a final rule relating to the advance notice of
proposed rulemaking described in that subsection.
(2) Considerations.--In determining whether to issue a
final rule under paragraph (1), the Secretary shall consider
the impact of continuing to allow self-inspection as a means to
satisfy periodic inspection requirements on the safety of
passenger carrier operations.
SEC. 3009. TRUCK LEASING TASK FORCE.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Labor, shall establish a task force, to be known as the
``Truck Leasing Task Force'' (referred to in this section as the ``Task
Force'').
(b) Membership.--
(1) In general.--The Secretary shall select not more than
10 individuals to serve as members of the Task Force, including
at least 1 representative from each of the following:
(A) Labor organizations.
(B) Motor carriers that provide lease-purchase
agreements to owner-operators.
(C) Consumer protection groups.
(D) Members of the legal profession who specialize
in consumer finance issues, including experience with
lease-purchase agreements.
(E) Owner-operators in the trucking industry with
experience regarding lease-purchase agreements.
(F) Businesses that provide or are subject to
lease-purchase agreements in the trucking industry.
(2) Compensation.--A member of the Task Force shall serve
without compensation.
(c) Duties.--The Task Force shall examine, at a minimum--
(1) common truck leasing arrangements available to
commercial motor vehicle drivers, including lease-purchase
agreements;
(2) the terms of the leasing agreements described in
paragraph (1);
(3)(A) the existence of inequitable leasing agreements and
terms in the motor carrier industry;
(B) whether any such inequitable terms and agreements
affect the frequency of maintenance performed on vehicles
subject to those agreements; and
(C) whether any such inequitable terms and agreements
affect whether a vehicle is kept in a general state of good
repair;
(4) specific agreements available to drayage drivers at
ports relating to the Clean Truck Program or any similar
program to decrease emissions from port operations;
(5) the impact of truck leasing agreements on the net
compensation of commercial motor vehicle drivers, including
port drayage drivers;
(6) whether truck leasing agreements properly incentivize
the safe operation of vehicles, including driver compliance
with the hours of service regulations and laws governing speed
and safety generally;
(7) resources to assist commercial motor vehicle drivers in
assessing the financial impacts of leasing agreements; and
(8)(A) the opportunity that equitable leasing agreements
provide for drivers to start or expand trucking companies; and
(B) the history of motor carriers starting from single
owner-operators.
(d) Report.--On completion of the examination under subsection (c),
the Task Force shall submit to the Secretary, the Secretary of Labor,
and the appropriate committees of Congress a report containing--
(1) the findings of the Task Force with respect to the
matters described in subsection (c);
(2) best practices relating to--
(A) assisting a commercial motor vehicle driver in
assessing the impacts of leasing agreements prior to
entering into such an agreement;
(B) assisting a commercial motor vehicle driver who
has entered into a predatory lease agreement; and
(C) preventing coercion and impacts on safety as
described in section 31136 of title 49, United States
Code; and
(3) recommendations relating to changes to laws (including
regulations), as applicable, at the Federal, State, or local
level to promote fair leasing agreements under which a
commercial motor vehicle driver, including a short haul driver,
who is a party to such an agreement is able to earn a rate
commensurate with other commercial motor vehicle drivers
performing similar duties.
(e) Termination.--Not later than 30 days after the date on which
the report under subsection (d) is submitted, the Task Force shall
terminate.
SEC. 3010. AUTOMATIC EMERGENCY BRAKING.
(a) Definitions.--In this section:
(1) Automatic emergency braking system.--The term
``automatic emergency braking system'' means a system on a
commercial motor vehicle that, based on a predefined distance
and closing rate with respect to an obstacle in the path of the
commercial motor vehicle--
(A) alerts the driver of the obstacle; and
(B) if necessary to avoid or mitigate a collision
with the obstacle, automatically applies the brakes of
the commercial motor vehicle.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31101 of
title 49, United States Code.
(b) Federal Motor Vehicle Safety Standard.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) prescribe a motor vehicle safety standard under
section 30111 of title 49, United States Code, that
requires any commercial motor vehicle subject to
section 571.136 of title 49, Code of Federal
Regulations (relating to Federal Motor Vehicle Safety
Standard Number 136) (or a successor regulation) that
is manufactured after the effective date of the
standard prescribed under this subparagraph to be
equipped with an automatic emergency braking system;
and
(B) as part of the standard under subparagraph (A),
establish performance requirements for automatic
emergency braking systems.
(2) Considerations.--Prior to prescribing the motor vehicle
safety standard 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 respect to
those automatic emergency braking systems in the
rulemaking proceeding to prescribe the standard, if
practicable; and
(B) 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 any
malfunctions or unwarranted activations of those
automatic emergency braking systems.
(c) Federal Motor Carrier Safety Regulation.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall prescribe
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 manufactured after the effective date of the
standard prescribed under subsection (b)(1)(A) that is in operation on
or after that date and is subject to section 571.136 of title 49, Code
of Federal Regulations (relating to Federal Motor Vehicle Safety
Standard Number 136) (or a successor regulation) be used at any time
during which the commercial motor vehicle is in operation.
(d) Report on Automatic Emergency Braking in Other Commercial Motor
Vehicles.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete a study on
equipping a variety of commercial motor vehicles not subject to
section 571.136 of title 49, Code of Federal Regulations
(relating to Federal Motor Vehicle Safety Standard Number 136)
(or a successor regulation) as of that date of enactment with
automatic emergency braking systems to avoid or mitigate a
collision with an obstacle in the path of the commercial motor
vehicle, including an assessment of the feasibility, benefits,
and costs associated with installing automatic emergency
braking systems on a variety of newly manufactured commercial
motor vehicles with a gross vehicle weight rating greater than
10,001 pounds.
(2) Independent research.--If the Secretary enters into a
contract with a third party to perform research relating to the
study required under paragraph (1), the Secretary shall ensure
that the third party does not have any financial or contractual
ties to, or relationships with--
(A) a motor carrier that transports passengers or
property for compensation;
(B) the motor carrier industry; or
(C) an entity producing or supplying automatic
emergency braking systems.
(3) Public comment.--Not later than 90 days after the date
on which the study under paragraph (1) is completed, the
Secretary shall--
(A) issue a notice in the Federal Register
containing the findings of the study; and
(B) provide an opportunity for public comment.
(4) Report to congress.--Not later than 90 days after the
conclusion of the public comment period under paragraph (3)(B),
the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of
the House of Representatives a report that includes--
(A) the results of the study under paragraph (1);
(B) a summary of any comments received under
paragraph (3)(B); 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 that determination.
(5) Rulemaking.--Not later than 2 years after the date on
which the study under paragraph (1) is completed, the Secretary
shall--
(A) determine whether a motor vehicle safety
standard relating to equipping the commercial motor
vehicles described in that paragraph with automatic
emergency braking systems would meet the requirements
and considerations described in subsections (a) and (b)
of section 30111 of title 49, United States Code; and
(B) if the Secretary determines that a motor
vehicle safety standard described in subparagraph (A)
would meet the requirements and considerations
described in that subparagraph, initiate a rulemaking
to prescribe such a motor vehicle safety standard.
SEC. 3011. UNDERRIDE PROTECTION.
(a) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the Advisory
Committee on Underride Protection established under subsection
(d)(1).
(2) Motor carrier.--The term ``motor carrier'' has the
meaning given the term in section 13102 of title 49, United
States Code.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given the term in section 32101 of
title 49, United States Code.
(4) Underride crash.--The term ``underride crash'' means a
crash in which a trailer or semitrailer intrudes into the
passenger compartment of a passenger motor vehicle.
(b) Rear Underride Guards.--
(1) Trailers and semitrailers.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
promulgate such regulations as are necessary to revise
sections 571.223 and 571.224 of title 49, Code of
Federal Regulations (relating to Federal Motor Vehicle
Safety Standard Numbers 223 and 224, respectively), to
require trailers and semitrailers manufactured after
the date on which those regulations are promulgated to
be equipped with rear impact guards that are designed
to prevent passenger compartment intrusion from a
trailer or semitrailer when a passenger motor vehicle
traveling at 35 miles per hour makes--
(i) an impact in which the passenger motor
vehicle impacts the center of the rear of the
trailer or semitrailer;
(ii) an impact in which 50 percent of the
width of the passenger motor vehicle overlaps
the rear of the trailer or semitrailer; and
(iii) an impact in which 30 percent of the
width of the passenger motor vehicle overlaps
the rear of the trailer or semitrailer, if the
Secretary determines that a revision of
sections 571.223 and 571.224 of title 49, Code
of Federal Regulations (relating to Federal
Motor Vehicle Safety Standard Numbers 223 and
224, respectively) to address such an impact
would meet the requirements and considerations
described in subsections (a) and (b) of section
30111 of title 49, United States Code.
(B) Effective date.--The regulations promulgated
under subparagraph (A) shall require full compliance
with each Federal Motor Vehicle Safety Standard revised
pursuant to those regulations not later than 2 years
after the date on which those regulations are
promulgated.
(2) Additional research.--The Secretary shall conduct
additional research on the design and development of rear
impact guards that can--
(A) prevent underride crashes in cases in which the
passenger motor vehicle is traveling at speeds of up to
65 miles per hour; and
(B) protect passengers in passenger motor vehicles
against severe injury in crashes in which the passenger
motor vehicle is traveling at speeds of up to 65 miles
per hour.
(3) Review of standards.--Not later than 5 years after the
date on which the regulations under paragraph (1)(A) are
promulgated, the Secretary shall--
(A) review the Federal Motor Vehicle Safety
Standards revised pursuant to those regulations and any
other requirements of those regulations relating to
rear underride guards on trailers or semitrailers to
evaluate the need for changes in response to
advancements in technology; and
(B) update those Federal Motor Vehicle Safety
Standards and those regulations accordingly.
(4) Inspections.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
promulgate such regulations as are necessary to revise
the regulations relating to minimum periodic inspection
standards under appendix G to subchapter B of chapter
III of title 49, Code of Federal Regulations, and the
regulations relating to driver vehicle inspection
reports under section 396.11 of that title to include
requirements relating to rear impact guards and rear
end protection that are consistent with the
requirements described in section 393.86 of that title.
(B) Considerations.--In revising 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 an, or has a corroded or
compromised, element that affects the structural
integrity and protective feature of the rear impact
guard.
(c) 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 side underride guards;
(B) assess the feasibility, benefits, and costs of,
and any impacts on intermodal equipment, freight
mobility (including port operations), and freight
capacity associated with, installing side underride
guards on newly manufactured trailers and semitrailers
with a gross vehicle weight rating of 10,000 pounds or
more;
(C) consider the unique structural and operational
aspects of--
(i) intermodal chassis (as defined in
section 340.2 of title 46, Code of Federal
Regulations; and
(ii) pole trailers (as defined in section
390.5 of title 49, Code of Federal Regulations;
and
(D) if warranted, develop performance standards for
side underride 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 the
third party does not have any financial or contractual ties to,
or relationships with--
(A) a motor carrier that transports passengers or
property for compensation;
(B) the motor carrier industry; or
(C) an entity producing or supplying underride
guards.
(3) Publication of assessment.--Not later than 90 days
after completion of the assessment required under paragraph
(1)(B), the Secretary shall--
(A) issue a notice in the Federal Register
containing the findings of the assessment; and
(B) provide an opportunity for public comment.
(4) Report to congress.--Not later than 90 days after the
conclusion of the public comment period under paragraph (3)(B),
the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the results of the assessment under paragraph
(1)(B);
(B) a summary of any comments received by the
Secretary under paragraph (3)(B); and
(C) a determination as to whether the Secretary
intends to develop performance requirements for side
underride guards, including any analysis that led to
that determination.
(d) Advisory Committee on Underride Protection.--
(1) Establishment.--The Secretary shall establish an
Advisory Committee on Underride Protection to provide advice
and recommendations to the Secretary on safety regulations to
reduce underride crashes and fatalities relating to underride
crashes.
(2) Membership.--
(A) In general.--The Committee shall be composed of
not more than 20 members, appointed by the Secretary,
who--
(i) are not employees of the Department;
and
(ii) are qualified to serve on the
Committee because of their expertise, training,
or experience.
(B) Representation.--The Committee shall include 2
representatives of each of the following:
(i) Truck and trailer manufacturers.
(ii) Motor carriers, including independent
owner-operators.
(iii) Law enforcement.
(iv) Motor vehicle engineers.
(v) Motor vehicle crash investigators.
(vi) Truck safety organizations.
(vii) The insurance industry.
(viii) Emergency medical service providers.
(ix) Families of underride crash victims.
(x) Labor organizations.
(3) Compensation.--Members of the Committee shall serve
without compensation.
(4) Meetings.--The Committee shall meet not less frequently
than 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 of
the Committee.
(6) Report.--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 a biennial report that--
(A) describes the advice and recommendations made
to the Secretary; and
(B) includes an assessment of progress made by the
Secretary in advancing safety regulations relating to
underride crashes.
(e) Data Collection.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement the
recommendations described in the report of the Government
Accountability Office entitled ``Truck Underride Guards: Improved Data
Collection, Inspections, and Research Needed'', published on March 14,
2019, and numbered GAO-19-264.
SEC. 3012. 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 not fewer than 9, and not more than 15, passengers
(including the driver), whether operated alone or with a
trailer attached for the transport of recreational equipment,
if--
``(A) the motor vehicle is operated by a person
that provides recreational activities;
``(B) the transportation is provided within a 150
air-mile radius of the location at which passengers
initially boarded the motor vehicle at the outset of
the trip; and
``(C) in the case of a motor vehicle transporting
passengers over a route between a place in a State and
a place in another State, the person operating the
motor vehicle is lawfully providing transportation of
passengers over the entire route in accordance with
applicable State law.''.
SEC. 3013. 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 any amendments made pursuant to
the notice of proposed rulemaking issued under
subsection (b)).
(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, as the Secretary determines to be
appropriate, regulations relating to the interstate transportation of
household goods.
(c) Considerations.--In issuing the notice of proposed rulemaking
under subsection (b), the Secretary shall consider amending the
following provisions of title 49, Code of Federal Regulations, in
accordance with the following recommendations:
(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
entitled ``Ready to Move-Tips for a Successful
Interstate Move'' and numbered ESA-03-005 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, together with any written estimate provided to the
shipper, a copy of the publication described in appendix A of
part 375 of that title, entitled ``Your Rights and
Responsibilities When You Move'' and numbered 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 that
publication.
(3) Section 375.213 to repeal subsection (e) of that
section.
(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 the
publication of the Administration entitled ``Ready to
Move-Tips for a Successful Interstate Move'' and
numbered ESA-03-005 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 that 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. 3014. IMPROVING FEDERAL-STATE MOTOR CARRIER SAFETY ENFORCEMENT
COORDINATION.
(a) Definitions.--In this section:
(1) Covered state.--The term ``covered State'' means a
State that receives Federal funds under the motor carrier
safety assistance program established under section 31102 of
title 49, United States Code.
(2) Imminent hazard.--The term ``imminent hazard'' has the
same meaning as in section 521 of title 49, United States Code.
(b) Review and Enforcement of State Out-of-service Orders.--As soon
as practicable after the date of enactment of this Act, the Secretary
shall publish in the Federal Register a process under which the
Secretary shall review each out-of-service order issued by a covered
State in accordance with section 31144(d) of title 49, United States
Code, by not later than 30 days after the date on which the out-of-
service order is submitted to the Secretary by the covered State.
(c) Review and Enforcement of State Imminent Hazard
Determinations.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a process under which the Secretary shall
review imminent hazard determinations made by covered States.
(2) Enforcement.--On reviewing an imminent hazard
determination under paragraph (1), the Secretary shall pursue
enforcement under section 521 of title 49, United States Code,
as the Secretary determines to be appropriate.
SEC. 3015. LIMOUSINE RESEARCH.
(a) Definitions.--In this section:
(1) Limousine.--The term ``limousine'' means a motor
vehicle--
(A) that has a seating capacity of 9 or more
persons (including the driver);
(B) with a gross vehicle weight rating greater than
10,000 pounds but not greater than 26,000 pounds;
(C) that the Secretary has determined by regulation
has physical characteristics resembling--
(i) a passenger car;
(ii) a multipurpose passenger vehicle; or
(iii) a truck with a gross vehicle weight
rating of 10,000 pounds or less; and
(D) that is not a taxi, nonemergency medical, or
paratransit motor vehicle.
(2) Limousine operator.--The term ``limousine operator''
means a person who owns or leases, and uses, a limousine to
transport passengers for compensation.
(3) Motor vehicle safety standard.--The term ``motor
vehicle safety standard'' has the meaning given the term in
section 30102(a) of title 49, United States Code.
(4) State.--The term ``State'' has the meaning given such
term in section 30102(a) of title 49, United States Code.
(b) Crashworthiness.--
(1) Research.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall complete research
into the development of motor vehicle safety standards for side
impact protection, roof crush resistance, and air bag systems
for the protection of occupants in limousines with alternative
seating positions, including perimeter seating arrangements.
(2) Rulemaking or report.--
(A) Crashworthiness standards.--
(i) In general.--Subject to clause (ii),
not later than 2 years after the date on which
the research under paragraph (1) is completed,
the Secretary shall prescribe, for the
protection of occupants in limousines with
alternative seating positions, a final motor
vehicle safety standard for each of the
following:
(I) Side impact protection.
(II) Roof crush resistance.
(III) Air bag systems.
(ii) Requirements and considerations.--The
Secretary may only prescribe a motor vehicle
safety standard described in clause (i) if the
Secretary determines that the standard meets
the requirements and considerations described
in subsections (a) and (b) of section 30111 of
title 49, United States Code.
(B) Report.--If the Secretary determines that a
motor vehicle safety standard described in subparagraph
(A)(i) would not meet the requirements and
considerations described in subsections (a) and (b) of
section 30111 of title 49, United States Code, the
Secretary shall publish in the Federal Register and
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a
report describing the reasons for not prescribing the
standard.
(c) Evacuation.--
(1) Research.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete research
into safety features and standards that aid evacuation in the
event that an exit in the passenger compartment of a limousine
is blocked.
(2) Rulemaking or report.--
(A) Limousine evacuation.--
(i) In general.--Subject to clause (ii),
not later than 2 years after the date on which
the research under paragraph (1) is completed,
the Secretary shall prescribe a final motor
vehicle safety standard based on the results of
that research.
(ii) Requirements and considerations.--The
Secretary may only prescribe a motor vehicle
safety standard described in clause (i) if the
Secretary determines that the standard meets
the requirements and considerations described
in subsections (a) and (b) of section 30111 of
title 49, United States Code.
(B) Report.--If the Secretary determines that a
standard described in subparagraph (A)(i) would not
meet the requirements and considerations described in
subsections (a) and (b) of section 30111 of title 49,
United States Code, the Secretary shall publish in the
Federal Register and submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report describing the reasons for not
prescribing the standard.
(d) Limousine Inspection Disclosure.--
(1) In general.--A limousine operator may not introduce a
limousine into interstate commerce unless the limousine
operator has prominently disclosed in a clear and conspicuous
notice, including on the website of the operator if the
operator has a website, the following:
(A) The date of the most recent inspection of the
limousine required under State or Federal law, if
applicable.
(B) The results of the inspection, if applicable.
(C) Any corrective action taken by the limousine
operator to ensure the limousine passed inspection, if
applicable.
(2) Federal trade commission enforcement.--
(A) In general.--The Federal Trade Commission shall
enforce this subsection in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this
subsection.
(B) Treatment.--Any person who violates this
subsection shall be subject to the penalties and
entitled to the privileges and immunities provided in
the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(3) Savings provision.--Nothing in this subsection limits
the authority of the Federal Trade Commission under any other
provision of law.
(4) Effective date.--This subsection shall take effect on
the date that is 180 days after the date of enactment of this
Act.
SEC. 3016. NATIONAL CONSUMER COMPLAINT DATABASE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the National Consumer
Complaint Database of the Federal Motor Carrier Safety Administration.
(b) Contents.--The report under subsection (a) shall include--
(1) a review of the process and effectiveness of efforts to
review and follow-up on complaints submitted to the National
Consumer Complaint Database;
(2) an identification of the top 5 complaint categories;
(3) an identification of--
(A) the process that the Federal Motor Carrier
Safety Administration uses to determine which entities
to take enforcement actions against; and
(B) the top categories of enforcement actions taken
by the Federal Motor Carrier Safety Administration;
(4) a review of the use of the National Consumer Complaint
Database website over the 5-year period ending on December 31,
2020, including information obtained by conducting interviews
with drivers, customers of movers of household goods, brokers,
motor carriers, including small business motor carriers, and
other users of the website to determine the usability of the
website;
(5) a review of efforts taken by the Federal Motor Carrier
Safety Administration to raise awareness of the National
Consumer Complaint Database; and
(6) recommendations, as appropriate, including with respect
to methods--
(A) for improving the usability of the National
Consumer Complaint Database website;
(B) for improving the review of complaints;
(C) for using data collected through the National
Consumer Complaint Database to identify bad actors;
(D) to improve confidence and transparency in the
complaint process; and
(E) for improving stakeholder awareness of and
participation in the National Consumer Complaint
Database and the complaint system, including improved
communication about the purpose of the National
Consumer Complaint Database.
SEC. 3017. ELECTRONIC LOGGING DEVICE OVERSIGHT.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to Congress a report analyzing the cost and
effectiveness of electronic logging devices and detailing the
processes--
(1) used by the Federal Motor Carrier Safety
Administration--
(A) to review electronic logging device logs; and
(B) to protect proprietary information and
personally identifiable information obtained from
electronic logging device logs; and
(2) through which an operator may challenge or appeal a
violation notice issued by the Federal Motor Carrier Safety
Administration relating to an electronic logging device.
SEC. 3018. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM
SUPPLIES.
Section 229(a)(1) of the Motor Carrier Safety Improvement Act of
1999 (49 U.S.C. 31136 note; Public Law 106-159) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(D) drivers transporting livestock (as defined in
section 602 of the Emergency Livestock Feed Assistance
Act of 1988 (7 U.S.C. 1471) including insects) within a
150 air-mile radius from the final destination of the
livestock.''.
SEC. 3019. MODIFICATION OF RESTRICTIONS ON CERTAIN COMMERCIAL DRIVER'S
LICENSES.
The Administrator of the Federal Motor Carrier Safety
Administration shall revise section 383.3(f)(3)(ii) of title 49, Code
of Federal Regulations (or a successor regulation), to provide that a
restricted commercial driver's license issued to an employee in a farm-
related service industry shall be limited to the applicable seasonal
periods defined by the State issuing the restricted commercial driver's
license, subject to the condition that the total number of days in any
calendar year during which the restricted commercial driver's license
is valid.
SEC. 3020. REPORT ON HUMAN TRAFFICKING VIOLATIONS INVOLVING COMMERCIAL
MOTOR VEHICLES.
Not later than 3 years after the date of enactment of this Act, and
every 3 years thereafter, the Secretary, acting through the Department
of Transportation Advisory Committee on Human Trafficking established
under section 5(a) of the Combating Human Trafficking in Commercial
Vehicles Act (Public Law 115-99; 131 Stat. 2243), shall coordinate with
the Attorney General to prepare and submit to Congress a report
relating to human trafficking violations involving commercial motor
vehicles, which shall include recommendations for countering human
trafficking, including an assessment of previous best practices by
transportation stakeholders.
SEC. 3021. BROKER GUIDANCE RELATING TO FEDERAL MOTOR CARRIER SAFETY
REGULATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue guidance to clarify the
definitions of the terms ``broker'' and ``bona fide agents'' in section
371.2 of of title 49, Code of Federal Regulations.
(b) Considerations.--In issuing guidance under subsection (a), the
Secretary shall take into consideration--
(1) the extent to which technology has changed the nature
of freight brokerage;
(2) the role of bona fide agents; and
(3) other aspects of the freight transportation industry.
(c) Dispatch Services.--In issuing guidance under subsection (a),
the Secretary shall, at a minimum--
(1) examine the role of a dispatch service in the
transportation industry;
(2) examine the extent to which dispatch services could be
considered brokers or bona fide agents; and
(3) clarify the level of financial penalties for
unauthorized brokerage activities under section 14916 of title
49, United States Code, applicable to a dispatch service.
SEC. 3022. APPRENTICESHIP PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means an
individual who--
(A) is under the age of 21; and
(B) holds a commercial driver's license.
(2) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning given the term in section
31301 of title 49, United States Code.
(3) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 390.5 of
title 49, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(4) Driving time.--The term ``driving time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(5) Experienced driver.--The term ``experienced driver''
means an individual who--
(A) is not younger than 26 years of age;
(B) has held a commercial driver's license for the
2-year period ending on the date on which the
individual serves as an experienced driver under
subsection (b)(2)(C)(ii);
(C) during the 2-year period ending on the date on
which the individual serves as an experienced driver
under subsection (b)(2)(C)(ii), has had no--
(i) preventable accidents reportable to the
Department; or
(ii) pointed moving violations; and
(D) has a minimum of 5 years of experience driving
a commercial motor vehicle in interstate commerce.
(6) On-duty time.--The term ``on-duty time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(7) Pointed moving violation.--The term ``pointed moving
violation'' means a violation that results in points being
added to the license of a driver, or a similar comparable
violation, as determined by the Secretary.
(b) Pilot Program.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish, in
accordance with section 31315(c) of title 49, United States
Code, a pilot program allowing employers to establish the
apprenticeship programs described in paragraph (2).
(2) Description of apprenticeship program.--An
apprenticeship program referred to in paragraph (1) is a
program that consists of the following requirements:
(A) 120-hour probationary period.--
(i) In general.--The apprentice shall
complete 120 hours of on-duty time, of which
not less than 80 hours shall be driving time in
a commercial motor vehicle.
(ii) Performance benchmarks.--To complete
the 120-hour probationary period under clause
(i), the employer of an apprentice shall
determine that the apprentice is competent in
each of the following areas:
(I) Interstate, city traffic, rural
2-lane, and evening driving.
(II) Safety awareness.
(III) Speed and space management.
(IV) Lane control.
(V) Mirror scanning.
(VI) Right and left turns.
(VII) Logging and complying with
rules relating to hours of service.
(B) 280-hour probationary period.--
(i) In general.--After completing the 120-
hour probationary period under subparagraph
(A), an apprentice shall complete 280 hours of
on-duty time, of which not less than 160 hours
shall be driving time in a commercial motor
vehicle.
(ii) Performance benchmarks.--To complete
the 280-hour probationary period under clause
(i), the employer of an apprentice shall
determine that the apprentice is competent in
each of the following areas:
(I) Backing and maneuvering in
close quarters.
(II) Pretrip inspections.
(III) Fueling procedures.
(IV) Weighing loads, weight
distribution, and sliding tandems.
(V) Coupling and uncoupling
procedures.
(VI) Trip planning, truck routes,
map reading, navigation, and permits.
(C) Restrictions for probationary periods.--During
the 120-hour probationary period under subparagraph (A)
and the 280-hour probationary period under subparagraph
(B)--
(i) an apprentice may only drive a
commercial motor vehicle that has--
(I) an automatic manual or
automatic transmission;
(II) an active braking collision
mitigation system;
(III) a forward-facing video event
capture system; and
(IV) a governed speed of 65 miles
per hour--
(aa) at the pedal; and
(bb) under adaptive cruise
control; and
(ii) an apprentice shall be accompanied in
the passenger seat of the commercial motor
vehicle by an experienced driver.
(D) Records retention.--The employer of an
apprentice shall maintain records, in a manner required
by the Secretary, relating to the satisfaction of the
performance benchmarks described in subparagraphs
(A)(ii) and (B)(ii) by the apprentice.
(E) Reportable incidents.--If an apprentice is
involved in a preventable accident reportable to the
Department or a pointed moving violation while driving
a commercial motor vehicle as part of an apprenticeship
program described in this paragraph, the apprentice
shall undergo remediation and additional training until
the apprentice can demonstrate, to the satisfaction of
the employer, competence in each of the performance
benchmarks described in subparagraphs (A)(ii) and
(B)(ii).
(F) Completion of program.--An apprentice shall be
considered to have completed an apprenticeship program
on the date on which the apprentice completes the 280-
hour probationary period under subparagraph (B).
(G) Minimum requirements.--
(i) In general.--Nothing in this section
prevents an employer from imposing any
additional requirement on an apprentice
participating in an apprenticeship program
established under this section.
(ii) Technologies.--Nothing in this section
prevents an employer from requiring or
installing in a commercial motor vehicle any
technology in addition to the technologies
described in subparagraph (C)(i).
(3) Apprentices.--An apprentice may--
(A) drive a commercial motor vehicle in interstate
commerce while participating in the 120-hour
probationary period under paragraph (2)(A) or the 280-
hour probationary period under paragraph (2)(B)
pursuant to an apprenticeship program established by an
employer in accordance with this section; and
(B) drive a commercial motor vehicle in interstate
commerce after the apprentice completes an
apprenticeship program described in paragraph (2),
unless the Secretary determines there exists a safety
concern.
(4) Limitation.--The Secretary may not allow more than
3,000 apprentices at any 1 time to participate in the pilot
program established under paragraph (1).
(c) Termination.--Effective beginning on the date that is 3 years
after the date of establishment of the pilot program under subsection
(b)(1)--
(1) the pilot program shall terminate; and
(2) any driver under the age of 21 who has completed an
apprenticeship program described in subsection (b)(2) may drive
a commercial motor vehicle in interstate commerce, unless the
Secretary determines there exists a safety concern.
(d) No Effect on License Requirement.--Nothing in this section
exempts an apprentice from any requirement to hold a commercial
driver's license in order to operate a commercial motor vehicle.
(e) Data Collection.--The Secretary shall collect and analyze--
(1) data relating to any incident in which an apprentice
participating in the pilot program established under subsection
(b)(1) is involved;
(2) data relating to any incident in which a driver under
the age of 21 operating a commercial motor vehicle in
intrastate commerce is involved; and
(3) such other data relating to the safety of apprentices
aged 18 to 20 years operating in interstate commerce as the
Secretary determines to be necessary.
(f) Limitation.--A driver under the age of 21 participating in the
pilot program under this section may not--
(1) transport--
(A) a passenger; or
(B) hazardous cargo; or
(2) operate a commercial motor vehicle--
(A) in special configuration; or
(B) with a gross vehicle weight rating of more than
80,000 pounds.
(g) Report to Congress.--Not later than 120 days after the date of
conclusion of the pilot program under subsection (b), the Secretary
shall submit to Congress a report including--
(1) the findings and conclusions resulting from the pilot
program, including with respect to technologies or training
provided by commercial motor carriers for apprentices as part
of the pilot program to successfully improve safety;
(2) an analysis of the safety record of apprentices
participating in the pilot program, as compared to other
commercial motor vehicle drivers;
(3) the number of drivers that discontinued participation
in the apprenticeship program before completion;
(4) a comparison of the safety records of participating
drivers before, during, and after the probationary periods
under subparagraphs (A) and (B) of subsection (b)(2);
(5) a comparison, for each participating driver, of average
on-duty time, driving time, and time spent away from home
terminal before, during, and after the probationary periods
referred to in paragraph (4); and
(6) a recommendation, based on the data collected,
regarding whether the level of safety achieved by the pilot
program is equivalent to, or greater than, the level of safety
for equivalent commercial motor vehicle drivers aged 21 years
or older.
(h) Rule of Construction.--Nothing in this section affects the
authority of the Secretary under section 31315 of title 49, United
States Code, with respect to the pilot program established under
subsection (b)(1), including the authority to revoke participation in,
and terminate, the pilot program under paragraphs (3) and (4) of
subsection (c) of that section.
(i) Driver Compensation Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the
Administrator of the Federal Motor Carrier Safety
Administration, shall offer to enter into a contract with the
Transportation Research Board under which the Transportation
Research Board shall conduct a study of the impacts of various
methods of driver compensation on safety and driver retention,
including--
(A) hourly pay;
(B) payment for detention time; and
(C) other payment methods used in the industry as
of the date on which the study is conducted.
(2) Consultation.--In conducting the study under paragraph
(1), the Transportation Research Board shall consult with--
(A) labor organizations representing commercial
motor vehicle drivers;
(B) representatives of the motor carrier industry,
including owner-operators; and
(C) such other stakeholders as the Transportation
Research Board determines to be relevant.
TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
SEC. 4101. 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 safety programs.--To carry out section 402 of
title 23, United States Code--
(A) $363,400,000 for fiscal year 2022;
(B) $370,900,000 for fiscal year 2023;
(C) $378,400,000 for fiscal year 2024;
(D) $385,900,000 for fiscal year 2025; and
(E) $393,400,000 for fiscal year 2026.
(2) Highway safety research and development.--To carry out
section 403 of title 23, United States Code--
(A) $186,000,000 for fiscal year 2022;
(B) $190,000,000 for fiscal year 2023;
(C) $194,000,000 for fiscal year 2024;
(D) $198,000,000 for fiscal year 2025; and
(E) $202,000,000 for fiscal year 2026.
(3) High-visibility enforcement program.--To carry out
section 404 of title 23, United States Code--
(A) $36,400,000 for fiscal year 2022;
(B) $38,300,000 for fiscal year 2023;
(C) $40,300,000 for fiscal year 2024;
(D) $42,300,000 for fiscal year 2025; and
(E) $44,300,000 for fiscal year 2026.
(4) National priority safety programs.--To carry out
section 405 of title 23, United States Code--
(A) $336,500,000 for fiscal year 2022;
(B) $346,500,000 for fiscal year 2023;
(C) $353,500,000 for fiscal year 2024;
(D) $360,500,000 for fiscal year 2025; and
(E) $367,500,000 for fiscal year 2026.
(5) 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, and this title--
(A) $38,000,000 for fiscal year 2022;
(B) $39,520,000 for fiscal year 2023;
(C) $41,100,800 for fiscal year 2024;
(D) $42,744,832 for fiscal year 2025; and
(E) $44,454,625 for fiscal year 2026.
(6) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code--
(A) $6,800,000 for fiscal year 2022;
(B) $7,000,000 for fiscal year 2023;
(C) $7,200,000 for fiscal year 2024;
(D) $7,400,000 for fiscal year 2025; and
(E) $7,600,000 for fiscal year 2026.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, and chapter 303 of title 49, United States Code,
the amounts made available under subsection (a) or any other provision
of law from the Highway Trust Fund (other than the Mass Transit
Account) for a program under those chapters--
(1) shall only be used to carry out that program; and
(2) may not be used by a State or local government for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, and chapter 303 of title 49, United States Code,
the amounts made available under subsection (a) for fiscal years 2022
through 2026 shall be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23, United States
Code.
(d) Highway Safety General Requirements.--
(1) In general.--Chapter 4 of title 23, United States Code,
is amended--
(A) by redesignating sections 409 and 412 and
sections 407 and 408, respectively; and
(B) by inserting after section 405 the following:
``Sec. 406. General requirements for Federal assistance
``(a) Definition of Funded Project.--In this section, the term
`funded project' means a project funded, in whole or in part, by a
grant provided under this chapter.
``(b) Regulatory Authority.--Each funded project shall be carried
out in accordance with applicable regulations promulgated by the
Secretary.
``(c) State Matching Requirements.--If a grant provided under this
chapter requires any State to share in the cost of a funded project,
the aggregate of the expenditures made by the State (including any
political subdivision of the State) for highway safety activities
during a fiscal year, exclusive of Federal funds, for carrying out the
funded project (other than expenditures for planning or administration)
shall be credited toward the non-Federal share of the cost of any other
funded project (other than planning and administration) during that
fiscal year, regardless of whether those expenditures were made in
connection with the project.
``(d) Grant Application and Deadline.--
``(1) Applications.--To be eligible to receive a grant
under this chapter, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Deadline.--The Secretary shall establish a single
deadline for the submission of applications under paragraph (1)
to enable the provision of grants under this chapter early in
the first fiscal year beginning after the date of submission.
``(e) Distribution of Funds to States.--Not later than 60 days
after the date of enactment of any appropriations Act making funds
available to carry out this chapter, the Secretary shall distribute to
each State the portion of those funds to which the State is entitled
for the applicable fiscal year.''.
(2) Clerical amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by striking the items
relating to sections 406 through 412 and inserting the
following:
``406. General requirements for Federal assistance.
``407. Discovery and admission as evidence of certain reports and
surveys.
``408. Agency accountability.''.
SEC. 4102. HIGHWAY SAFETY PROGRAMS.
(a) In General.--Section 402 of title 23, United States Code, is
amended--
(1) by striking ``accidents'' each place it appears and
inserting ``crashes'';
(2) by striking ``accident'' each place it appears and
inserting ``crash'';
(3) in subsection (a)--
(A) in paragraph (1), by striking ``shall have''
and all that follows through the period at the end and
inserting the following: ``shall have in effect a
highway safety program that--
``(i) is designed to reduce--
``(I) traffic crashes; and
``(II) deaths, injuries, and
property damage resulting from those
crashes;
``(ii) includes--
``(I) an approved, current,
triennial highway safety plan in
accordance with subsection (k); and
``(II) an approved grant
application under subsection (l) for
the fiscal year;
``(iii) demonstrates compliance with the
applicable administrative requirements of
subsection (b)(1); and
``(iv) is approved by the Secretary.'';
(B) in paragraph (2)(A)--
(i) in clause (ii), by striking ``occupant
protection devices (including the use of safety
belts and child restraint systems)'' and
inserting ``safety belts'';
(ii) in clause (vii), by striking ``and''
at the end;
(iii) by redesignating clauses (iii)
through (viii) as clauses (iv) through (ix),
respectively;
(iv) by inserting after clause (ii) the
following:
``(iii) to encourage more widespread and
proper use of child restraints, with an
emphasis on underserved populations;''; and
(v) by adding at the end the following:
``(x) to reduce crashes caused by driver
misuse or misunderstanding of new vehicle
technology;
``(xi) to increase vehicle recall
awareness;
``(xii) to provide to the public
information relating to the risks of child
heatstroke death when left unattended in a
motor vehicle after the motor is deactivated by
the operator;
``(xiii) to reduce injuries and deaths
resulting from the failure by drivers of motor
vehicles to move to another traffic lane or
reduce the speed of the vehicle when law
enforcement, fire service, emergency medical
services, or other emergency or first responder
vehicles are stopped or parked on or next to a
roadway with emergency lights activated; and
``(xiv) to prevent crashes, injuries, and
deaths caused by unsecured vehicle loads;'';
and
(C) by adding at the end the following:
``(3) Additional considerations.--A State that has
legalized medicinal or recreational marijuana shall take into
consideration implementing programs in addition to the programs
described in paragraph (2)(A)--
``(A) to educate drivers regarding the risks
associated with marijuana-impaired driving; and
``(B) to reduce injuries and deaths resulting from
individuals driving motor vehicles while impaired by
marijuana.'';
(4) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``may'' and inserting ``shall'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) provide for a comprehensive, data-driven
traffic safety program that results from meaningful
public participation and engagement from affected
communities, particularly those most significantly
impacted by traffic crashes resulting in injuries and
fatalities;'';
(C) in subparagraph (C), by striking ``authorized
in accordance with subparagraph (B)'';
(D) in subparagraph (D), by striking ``with
disabilities, including those in wheelchairs'' and
inserting ``, including those with disabilities and
those in wheelchairs'';
(E) by striking subparagraph (E) and inserting the
following:
``(E) as part of a comprehensive program, support--
``(i) data-driven traffic safety
enforcement programs that foster effective
community collaboration to increase public
safety; and
``(ii) data collection and analysis to
ensure transparency, identify disparities in
traffic enforcement, and inform traffic
enforcement policies, procedures, and
activities; and''; and
(F) in subparagraph (F)--
(i) in clause (i), by striking ``national
law enforcement mobilizations and high-
visibility'' and inserting ``national, high-
visibility'';
(ii) in clause (iv), by striking ``and''
after the semicolon at the end;
(iii) in clause (v), by striking the period
at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(vi) unless the State highway safety
program is developed by American Samoa, Guam,
the Commonwealth of the Northern Mariana
Islands, or the United States Virgin Islands,
participation in the Fatality Analysis
Reporting System.'';
(5) in subsection (c)--
(A) in paragraph (1)--
(i) by striking the paragraph designation
and heading and all that follows through
``Funds authorized'' and inserting the
following:
``(1) Use for state activities.--
``(A) In general.--The funds authorized''; and
(ii) by adding at the end the following:
``(B) Neighboring states.--A State, acting in
cooperation with any neighboring State, may use funds
provided under this section for a highway safety
program that may confer a benefit on the neighboring
State.'';
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Apportionment to states.--
``(A) Definition of public road.--In this
paragraph, the term `public road' means any road that
is--
``(i) subject to the jurisdiction of, and
maintained by, a public authority; and
``(ii) held open to public travel.
``(B) Apportionment.--
``(i) In general.--Except for the amounts
identified in section 403(f) and the amounts
subject to subparagraph (C), of the funds made
available under this section--
``(I) 75 percent shall be
apportioned to each State based on the
ratio that, as determined by the most
recent decennial census--
``(aa) the population of
the State; bears to
``(bb) the total population
of all States; and
``(II) 25 percent shall be
apportioned to each State based on the
ratio that, subject to clause (ii)--
``(aa) the public road
mileage in each State; bears to
``(bb) the total public
road mileage in all States.
``(ii) Calculation.--For purposes of clause
(i)(II), public road mileage shall be--
``(I) determined as of the end of
the calendar year preceding the year
during which the funds are apportioned;
``(II) certified by the Governor of
the State; and
``(III) subject to approval by the
Secretary.
``(C) Minimum apportionments.--The annual
apportionment under this section to--
``(i) each State shall be not less than \3/
4\ of 1 percent of the total apportionment;
``(ii) the Secretary of the Interior shall
be not less than 2 percent of the total
apportionment; and
``(iii) the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands shall be not less
than \1/4\ of 1 percent of the total
apportionment.
``(D) Penalty.--
``(i) In general.--The funds apportioned
under this section to a State that does not
have approved or in effect a highway safety
program described in subsection (a)(1) shall be
reduced by an amount equal to not less than 20
percent of the amount that would otherwise be
apportioned to the State under this section,
until the date on which the Secretary, as
applicable--
``(I) approves such a highway
safety program; or
``(II) determines that the State is
implementing such a program.
``(ii) Factor for consideration.--In
determining the amount of the reduction in
funds apportioned to a State under this
subparagraph, the Secretary shall take into
consideration the gravity of the failure by the
State to secure approval, or to implement, a
highway safety program described in subsection
(a)(1).
``(E) Limitations.--
``(i) In general.--A highway safety program
approved by the Secretary shall not include any
requirement that a State shall implement such a
program by adopting or enforcing any law, rule,
or regulation based on a guideline promulgated
by the Secretary under this section requiring
any motorcycle operator aged 18 years or older,
or a motorcycle passenger aged 18 years or
older, to wear a safety helmet when operating
or riding a motorcycle on the streets and
highways of that State.
``(ii) Effect of guidelines.--Nothing in
this section requires a State highway safety
program to require compliance with every
uniform guideline, or with every element of
every uniform guideline, in every State.
``(3) Reapportionment.--
``(A) In general.--The Secretary shall promptly
apportion to a State any funds withheld from the State
under paragraph (2)(D) if the Secretary makes an
approval or determination, as applicable, described in
that paragraph by not later than July 31 of the fiscal
year for which the funds were withheld.
``(B) Continuing state failure.--If the Secretary
determines that a State fails to correct a failure to
have approved or in effect a highway safety program
described in subsection (a)(1) by the date described in
subparagraph (A), the Secretary shall reapportion the
funds withheld from that State under paragraph (2)(D)
for the fiscal year to the other States in accordance
with the formula described in paragraph (2)(B) by not
later than the last day of the fiscal year.''; and
(C) in paragraph (4)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (A), respectively,
and moving the subparagraphs so as to appear in
alphabetical order; and
(iii) by adding at the end the following:
``(C) Special rule for school and work zones.--
Notwithstanding subparagraph (B), a State may expend
funds apportioned to the State under this section to
carry out a program to purchase, operate, or maintain
an automated traffic enforcement system in a work zone
or school zone.
``(D) Automated traffic enforcement system
guidelines.--An automated traffic enforcement system
installed pursuant to subparagraph (C) shall comply
with such guidelines applicable to speed enforcement
camera systems and red light camera systems as are
established by the Secretary.'';
(6) in subsection (k)--
(A) by striking the subsection designation and
heading and all that follows through ``thereafter'' in
paragraph (1) and inserting the following:
``(k) Triennial Highway Safety Plan.--
``(1) In general.--For fiscal year 2022, and not less
frequently than once every 3 fiscal years thereafter'';
(B) in paragraph (1), by striking ``for that fiscal
year, to develop and submit to the Secretary for
approval a highway safety plan'' and inserting ``for
the 3 fiscal years covered by the plan, to develop and
submit to the Secretary for approval a triennial
highway safety plan'';
(C) by striking paragraph (2) and inserting the
following:
``(2) Timing.--Each State shall submit to the Secretary a
triennial highway safety plan by not later than July 1 of the
fiscal year preceding the first fiscal year covered by the
plan.'';
(D) in paragraph (3), by inserting ``triennial''
before ``highway'';
(E) in paragraph (4)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``State highway
safety plans'' and inserting ``Each
State triennial highway safety plan'';
and
(II) by inserting ``, with respect
to the 3 fiscal years covered by the
plan, based on the information
available on the date of submission
under paragraph (2)'' after
``include'';
(ii) in subparagraph (A)(ii), by striking
``annual performance targets'' and inserting
``performance targets that demonstrate constant
or improved performance'';
(iii) by striking subparagraph (B) and
inserting the following:
``(B) a countermeasure strategy for programming
funds under this section for projects that will allow
the State to meet the performance targets described in
subparagraph (A), including a description--
``(i) that demonstrates the link between
the effectiveness of each proposed
countermeasure strategy and those performance
targets; and
``(ii) of the manner in which each
countermeasure strategy is informed by uniform
guidelines issued by the Secretary;''; and
(iv) in subparagraph (D), by striking ``,
State, local, or private'';
(F) by striking paragraph (5) and inserting the
following:
``(5) Performance measures.--The Secretary shall develop
minimum performance measures under paragraph (4)(A) in
consultation with the Governors Highway Safety Association.'';
and
(G) in paragraph (6)--
(i) in the paragraph heading, by inserting
``triennial'' before ``highway'';
(ii) by redesignating subparagraphs (B)
through (E) as subparagraphs (C) through (F),
respectively;
(iii) in each of subparagraphs (C) through
(F) (as so redesignated), by inserting
``triennial'' before ``highway'' each place it
appears; and
(iv) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall review and
approve or disapprove a triennial highway safety plan
of a State by not later than 60 days after the date on
which the plan is received by the Secretary.
``(B) Additional information.--
``(i) In general.--The Secretary may
request a State to submit to the Secretary such
additional information as the Secretary
determines to be necessary for review of the
triennial highway safety plan of the State.
``(ii) Extension of deadline.--On providing
to a State a request for additional information
under clause (i), the Secretary may extend the
deadline to approve or disapprove the triennial
highway safety plan of the State under
subparagraph (A) for not more than an
additional 90 days, as the Secretary determines
to be necessary to accommodate that request,
subject to clause (iii).
``(iii) Timing.--Any additional information
requested under clause (i) shall be submitted
to the Secretary by not later than 7 business
days after the date of receipt by the State of
the request.'';
(7) by inserting after subsection (k) the following:
``(l) Annual Grant Application and Reporting Requirements.--
``(1) Annual grant application.--
``(A) In general.--To be eligible to receive grant
funds under this chapter for a fiscal year, each State
shall submit to the Secretary an annual grant
application that, as determined by the Secretary--
``(i) demonstrates alignment with the
approved triennial highway safety plan of the
State; and
``(ii) complies with the requirements under
this subsection.
``(B) Timing.--The deadline for submission of
annual grant applications under this paragraph shall be
determined by the Secretary in accordance with section
406(d)(2).
``(C) Contents.--An annual grant application under
this paragraph shall include, at a minimum--
``(i) such updates as the State determines
to be necessary to any analysis included in the
triennial highway safety plan of the State;
``(ii) an identification of each project
and subrecipient to be funded by the State
using the grants during the upcoming grant
year, subject to the condition that the State
shall separately submit, on a date other than
the date of submission of the annual grant
application, a description of any projects or
subrecipients to be funded, as that information
becomes available;
``(iii) a description of the means by which
the strategy of the State to use grant funds
was adjusted and informed by the previous
report of the State under paragraph (2); and
``(iv) an application for any additional
grants available to the State under this
chapter.
``(D) Review.--The Secretary shall review and
approve or disapprove an annual grant application under
this paragraph by not later than 60 days after the date
of submission of the application.
``(2) Reporting requirements.--Not later than 120 days
after the end of each fiscal year for which a grant is provided
to a State under this chapter, the State shall submit to the
Secretary an annual report that includes--
``(A) an assessment of the progress made by the
State in achieving the performance targets identified
in the triennial highway safety plan of the State,
based on the most currently available Fatality Analysis
Reporting System data; and
``(B)(i) a description of the extent to which
progress made in achieving those performance targets is
aligned with the triennial highway safety plan of the
State; and
``(ii) if applicable, any plans of the State to
adjust a strategy for programming funds to achieve the
performance targets.'';
(8) in subsection (m)(1), by striking ``a State's highway
safety plan'' and inserting ``the applicable triennial highway
safety plan of the State''; and
(9) by striking subsection (n) and inserting the following:
``(n) Public Transparency.--
``(1) In general.--The Secretary shall publicly release on
a Department of Transportation website, by not later than 45
calendar days after the applicable date of availability--
``(A) each triennial highway safety plan approved
by the Secretary under subsection (k);
``(B) each State performance target under
subsection (k); and
``(C) an evaluation of State achievement of
applicable performance targets under subsection (k).
``(2) State highway safety plan website.--
``(A) In general.--In carrying out paragraph (1),
the Secretary shall establish a public website that is
easily accessible, navigable, and searchable for the
information required under that paragraph, in order to
foster greater transparency in approved State highway
safety programs.
``(B) Contents.--The website established under
subparagraph (A) shall--
``(i) include the applicable triennial
highway safety plan, and the annual report, of
each State submitted to, and approved by, the
Secretary under subsection (k); and
``(ii) provide a means for the public to
search the website for State highway safety
program content required under subsection (k),
including--
``(I) performance measures required
by the Secretary;
``(II) progress made toward meeting
the applicable performance targets
during the preceding program 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
triennial highway safety plan of the
State.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect with respect to any grant application or State highway
safety plan submitted under chapter 4 of title 23, United States Code,
for fiscal year 2024 or thereafter.
SEC. 4103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended--
(1) by striking ``accident'' each place it appears and
inserting ``crash'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by inserting ``, training, education,'' after
``demonstration projects'';
(3) 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) in
each fiscal year'';
(4) in subsection (h)--
(A) in paragraph (2), by striking ``2017 through
2021 not more than $26,560,000' to conduct the research
described in paragraph (1)'' and inserting ``2022
through 2025, not more than $45,000,000 to conduct the
research described in paragraph (2)'';
(B) in paragraph (5)(A), by striking ``section
30102(a)(6)'' and inserting ``section 30102(a)''; and
(C) by redesignating paragraphs (1), (2), (3), (4),
and (5) as paragraphs (2), (3), (4), (5), and (1),
respectively, and moving the paragraphs so as to appear
in numerical order; and
(5) by adding at the end the following:
``(k) Child Safety Campaign.--
``(1) In general.--The Secretary shall carry out an
education campaign to reduce the incidence of vehicular
heatstroke of children left in passenger motor vehicles (as
defined in section 30102(a) of title 49).
``(2) Advertising.--The Secretary may use, or authorize the
use of, funds made available to carry out this section to pay
for the development, production, and use of broadcast and print
media advertising and Internet-based outreach for the education
campaign under paragraph (1).
``(3) Coordination.--In carrying out the education campaign
under paragraph (1), the Secretary shall coordinate with--
``(A) interested State and local governments;
``(B) private industry; and
``(C) other parties, as determined by the
Secretary.
``(l) Development of State Processes for Informing Consumers of
Recalls.--
``(1) Definitions.--In this subsection:
``(A) Motor vehicle.--The term `motor vehicle' has
the meaning given the term in section 30102(a) of title
49.
``(B) Open recall.--The term `open recall' means a
motor vehicle recall--
``(i) for which a notification by a
manufacturer has been provided under section
30119 of title 49; and
``(ii) that has not been remedied under
section 30120 of that title.
``(C) Program.--The term `program' means the
program established under paragraph (2)(A).
``(D) Registration.--The term `registration' means
the process for registering a motor vehicle in a State
(including registration renewal).
``(E) State.--The term `State' has the meaning
given the term in section 101(a).
``(2) Grants.--
``(A) Establishment of program.--Not later than 2
years after the date of enactment of this subsection,
the Secretary shall establish a program under which the
Secretary shall provide grants to States for use in
developing and implementing State processes for
informing each applicable owner and lessee of a motor
vehicle of any open recall on the motor vehicle at the
time of registration of the motor vehicle in the State,
in accordance with this paragraph.
``(B) Eligibility.--To be eligible to receive a
grant under the program, a State shall--
``(i) submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
may require; and
``(ii) agree--
``(I) to notify each owner or
lessee of a motor vehicle presented for
registration in the State of any open
recall on that motor vehicle; and
``(II) to provide to each owner or
lessee of a motor vehicle presented for
registration, at no cost--
``(aa) the open recall
information for the motor
vehicle; and
``(bb) such other
information as the Secretary
may require.
``(C) Factors for consideration.--In selecting
grant recipients under the program, the Secretary shall
take into consideration the methodology of a State
for--
``(i) identifying open recalls on a motor
vehicle;
``(ii) informing each owner and lessee of a
motor vehicle of an open recall; and
``(iii) measuring performance in--
``(I) informing owners and lessees
of open recalls; and
``(II) remedying open recalls.
``(D) Performance period.--A grant provided under
the program shall require a performance period of 2
years.
``(E) Report.--Not later than 90 days after the
date of completion of the performance period under
subparagraph (D), each State that receives a grant
under the program shall submit to the Secretary a
report that contains such information as the Secretary
considers to be necessary to evaluate the extent to
which open recalls have been remedied in the State.
``(F) No regulations required.--Notwithstanding any
other provision of law, the Secretary shall not be
required to issue any regulations to carry out the
program.
``(3) Paperwork reduction act.--Chapter 35 of title 44
(commonly known as the `Paperwork Reduction Act') shall not
apply to information collected under the program.
``(4) Funding.--For each of fiscal years 2022 through 2026,
the Secretary shall obligate from funds made available to carry
out this section $1,500,000 to carry out the program.
``(m) Innovative Highway Safety Countermeasures.--
``(1) In general.--In conducting research under this
section, the Secretary shall evaluate the effectiveness of
innovative behavioral traffic safety countermeasures, other
than traffic enforcement, that are considered promising or
likely to be effective for the purpose of enriching revisions
to the document entitled `Countermeasures That Work: A Highway
Safety Countermeasure Guide for State Highway Safety Offices,
Ninth Edition' and numbered DOT HS 812 478 (or any successor
document).
``(2) Treatment.--The research described in paragraph (1)
shall be in addition to any other research carried out under
this section.''.
SEC. 4104. HIGH-VISIBILITY ENFORCEMENT PROGRAMS.
Section 404(a) of title 23, United States Code, is amended by
striking ``each of fiscal years 2016 through 2020'' and inserting
``each of fiscal years 2022 through 2026''.
SEC. 4105. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) In General.--Section 405 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraphs (6) and (9);
(B) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(C) by striking the subsection designation and
heading and all that follows through ``the following:''
in the matter preceding paragraph (2) (as so
redesignated) and inserting the following:
``(a) Program Authority.--
``(1) In general.--Subject to the requirements of this
section, the Secretary shall--
``(A) manage programs to address national
priorities for reducing highway deaths and injuries;
and
``(B) allocate funds for the purpose described in
subparagraph (A) in accordance with this subsection.'';
(D) in paragraph (4) (as so redesignated), by
striking ``52.5 percent'' and inserting ``53 percent'';
(E) in paragraph (7)--
(i) by striking ``5 percent'' and inserting
``7 percent''; and
(ii) by striking ``subsection (h)'' and
inserting ``subsection (g)'';
(F) by redesignating paragraphs (8) and (10) as
paragraphs (10) and (11), respectively;
(G) by inserting after paragraph (7) the following:
``(8) Preventing roadside deaths.--In each fiscal year, 1
percent of the funds provided under this section shall be
allocated among States that meet requirements with respect to
preventing roadside deaths under subsection (h).
``(9) Driver officer safety education.--In each fiscal
year, 1.5 percent of the funds provided under this section
shall be allocated among States that meet requirements with
respect to driver and officer safety education under subsection
(i).''; and
(H) in paragraph (10) (as so redesignated)--
(i) by striking ``(1) through (7)'' and
inserting ``(2) through (9)''; and
(ii) by striking ``(b) through (h)'' and
inserting ``(b) through (i)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``of
Transportation'';
(B) in paragraph (3)(B)(ii)(VI)(aa), by striking
``3-year'' and inserting ``5-year''; and
(C) in paragraph (4)--
(i) in subparagraph (A), by striking clause
(v) and inserting the following:
``(v) implement programs--
``(I) to recruit and train
nationally certified child passenger
safety technicians among police
officers, fire and other first
responders, emergency medical
personnel, and other individuals or
organizations serving low-income and
underserved populations;
``(II) to educate parents and
caregivers in low-income and
underserved populations regarding the
importance of proper use and correct
installation of child restraints on
every trip in a motor vehicle; and
``(III) to purchase and distribute
child restraints to low-income and
underserved populations; and''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Requirements.--Each State that is eligible to
receive funds--
``(i) under paragraph (3)(A) shall use--
``(I) not more than 90 percent of
those funds to carry out a project or
activity eligible for funding under
section 402; and
``(II) any remaining funds to carry
out subparagraph (A)(v); and
``(ii) under paragraph (3)(B) shall use not
less than 10 percent of those funds to carry
out the activities described in subparagraph
(A)(v).'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``of Transportation''; and
(ii) in subparagraph (D), by striking
``States; and'' and inserting ``States,
including the National EMS Information
System;'';
(B) in paragraph (3)--
(i) by striking the paragraph designation
and heading and all that follows through ``has
a functioning'' in subparagraph (A) and
inserting the following:
``(3) Eligibility.--A State shall not be eligible to
receive a grant under this subsection for a fiscal year unless
the State--
``(A) has certified to the Secretary that the
State--
``(i) has a functioning'';
(ii) in subparagraph (B)--
(I) by adding ``and'' after the
semicolon at the end; and
(II) by redesignating the
subparagraph as clause (ii) of
subparagraph (A) and indenting the
clause appropriately;
(iii) in subparagraph (C)--
(I) by adding ``and'' after the
semicolon at the end; and
(II) by redesignating the
subparagraph as clause (iii) of
subparagraph (A) and indenting the
clause appropriately;
(iv) by redesignating subparagraph (D) as
subparagraph (B);
(v) in clause (vi) of subparagraph (B) (as
so redesignated), by striking ``; and'' and
inserting a period; and
(vi) by striking subparagraph (E);
(C) by striking paragraph (4) and inserting the
following:
``(4) Use of grant amounts.--A State may use a grant
received under this subsection to make data program
improvements to core highway safety databases relating to
quantifiable, measurable progress in any significant data
program attribute described in paragraph (3)(B), including
through--
``(A) software or applications to identify,
collect, and report data to State and local government
agencies, and enter data into State core highway safety
databases, including crash, citation or adjudication,
driver, emergency medical services or injury
surveillance system, roadway, and vehicle data;
``(B) purchasing equipment to improve a process by
which data are identified, collated, and reported to
State and local government agencies, including
technology for use by law enforcement for near-real
time, electronic reporting of crash data;
``(C) improving the compatibility and
interoperability of the core highway safety databases
of the State with national data systems and data
systems of other States, including the National EMS
Information System;
``(D) enhancing the ability of a State and the
Secretary to observe and analyze local, State, and
national trends in crash occurrences, rates, outcomes,
and circumstances;
``(E) supporting traffic records improvement
training and expenditures for law enforcement,
emergency medical, judicial, prosecutorial, and traffic
records professionals;
``(F) hiring traffic records professionals for the
purpose of improving traffic information systems
(including a State Fatal Accident Reporting System
(FARS) liaison);
``(G) adoption of the Model Minimum Uniform Crash
Criteria, or providing to the public information
regarding why any of those criteria will not be used,
if applicable;
``(H) supporting reporting criteria relating to
emerging topics, including--
``(i) impaired driving as a result of drug,
alcohol, or polysubstance consumption; and
``(ii) advanced technologies present on
motor vehicles; and
``(I) conducting research relating to State traffic
safety information systems, including developing
programs to improve core highway safety databases and
processes by which data are identified, collected,
reported to State and local government agencies, and
entered into State core safety databases.''; and
(D) by adding at the end the following:
``(6) Technical assistance.--
``(A) In general.--The Secretary shall provide
technical assistance to States, regardless of whether a
State receives a grant under this subsection, with
respect to improving the timeliness, accuracy,
completeness, uniformity, integration, and public
accessibility of State safety data that are needed to
identify priorities for Federal, State, and local
highway and traffic safety programs, including on
adoption by a State of the Model Minimum Uniform Crash
Criteria.
``(B) Funds.--The Secretary may use not more than 3
percent of the amounts available under this subsection
to carry out subparagraph (A).'';
(4) in subsection (d)--
(A) in paragraph (4)--
(i) in subparagraph (B)--
(I) by striking clause (iii) and
inserting the following:
``(iii) court support of impaired driving
prevention efforts, including--
``(I) hiring criminal justice
professionals, including law
enforcement officers, prosecutors,
traffic safety resource prosecutors,
judges, judicial outreach liaisons, and
probation officers;
``(II) training and education of
those professionals to assist the
professionals in preventing impaired
driving and handling impaired driving
cases, including by providing
compensation to a law enforcement
officer to carry out safety grant
activities to replace a law enforcement
officer who is receiving drug
recognition expert training or
participating as an instructor in that
drug recognition expert training; and
``(III) establishing driving while
intoxicated courts;'';
(II) by striking clause (v) and
inserting the following:
``(v) improving blood alcohol and drug
concentration screening and testing, detection
of potentially impairing drugs (including
through the use of oral fluid as a specimen),
and reporting relating to testing and
detection;'';
(III) in clause (vi), by striking
``conducting standardized field
sobriety training, advanced roadside
impaired driving evaluation training,
and'' and inserting ``conducting
initial and continuing standardized
field sobriety training, advanced
roadside impaired driving evaluation
training, law enforcement phlebotomy
training, and'';
(IV) in clause (ix), by striking
``and'' at the end;
(V) in clause (x), by striking the
period at the end and inserting ``;
and''; and
(VI) by adding at the end the
following:
``(xi) testing and implementing programs,
and purchasing technologies, to better
identify, monitor, or treat impaired drivers,
including--
``(I) oral fluid-screening
technologies;
``(II) electronic warrant programs;
``(III) equipment to increase the
scope, quantity, quality, and
timeliness of forensic toxicology
chemical testing;
``(IV) case management software to
support the management of impaired
driving offenders; and
``(V) technology to monitor
impaired-driving offenders, and
equipment and related expenditures used
in connection with impaired-driving
enforcement in accordance with criteria
established by the National Highway
Traffic Safety Administration.''; and
(ii) in subparagraph (C)--
(I) in the second sentence, by
striking ``Medium-range'' and inserting
the following:
``(ii) Medium-range and high-range
states.--Subject to clause (iii), medium-
range'';
(II) in the first sentence, by
striking ``Low-range'' and inserting
the following:
``(i) Low-range states.--Subject to clause
(iii), low-range''; and
(III) by adding at the end the
following:
``(iii) Reporting and impaired driving
measures.--A State may use grant funds for any
expenditure relating to--
``(I) increasing the timely and
accurate reporting to Federal, State,
and local databases of--
``(aa) crash information,
including electronic crash
reporting systems that allow
accurate real- or near-real-
time uploading of crash
information; and
``(bb) impaired driving
criminal justice information;
or
``(II) researching or evaluating
impaired driving countermeasures.'';
(B) in paragraph (6)--
(i) by striking subparagraph (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 convicted of driving under the
influence of alcohol or of driving while
intoxicated;
``(ii) does not allow an individual
convicted of driving under the influence of
alcohol or of driving while intoxicated to
receive any driving privilege or driver's
license unless the individual installs on each
motor vehicle registered, owned, or leased for
operation by the individual an ignition
interlock for a period of not less than 180
days; or
``(iii) has in effect, and is enforcing--
``(I) a State law requiring for any
individual who is convicted of, or the
driving privilege of whom is revoked or
denied for, refusing to submit to a
chemical or other appropriate test for
the purpose of determining the presence
or concentration of any intoxicating
substance, a State law requiring a
period of not less than 180 days of
ignition interlock installation on each
motor vehicle to be operated by the
individual; and
``(II) a compliance-based removal
program, under which an individual
convicted of driving under the
influence of alcohol or of driving
while intoxicated shall--
``(aa) satisfy a period of
not less than 180 days of
ignition interlock installation
on each motor vehicle to be
operated by the individual; and
``(bb) have completed a
minimum consecutive period of
not less than 40 percent of the
required period of ignition
interlock installation
immediately preceding the date
of release of the individual,
without a confirmed
violation.''; and
(ii) in subparagraph (D), by striking
``2009'' and inserting ``2022''; and
(C) in paragraph (7)(A), in the matter preceding
clause (i), by inserting ``or local'' after
``authorizes a State'';
(5) in subsection (e)--
(A) by striking paragraphs (6) and (8);
(B) by redesignating paragraphs (1), (2), (3), (4),
(5), (7), and (9) as paragraphs (2), (4), (6), (7),
(8), (9), and (1), respectively, and moving the
paragraphs so as to appear in numerical order;
(C) in paragraph (1) (as so redesignated)--
(i) in the matter preceding subparagraph
(A), by striking ``, the following definitions
apply'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Personal wireless communications device.--
``(i) In general.--The term `personal
wireless communications device' means--
``(I) a device through which
personal wireless services (as defined
in section 332(c)(7)(C) of the
Communications Act of 1934 (47 U.S.C.
332(c)(7)(C))) are transmitted; and
``(II) a mobile telephone or other
portable electronic communication
device with which a user engages in a
call or writes, sends, or reads a text
message using at least 1 hand.
``(ii) Exclusion.--The term `personal
wireless communications device' does not
include a global navigation satellite system
receiver used for positioning, emergency
notification, or navigation purposes.''; and
(iii) by striking subparagraph (E) and
inserting the following:
``(E) Text.--The term `text' means--
``(i) to read from, or manually to enter
data into, a personal wireless communications
device, including for the purpose of SMS
texting, emailing, instant messaging, or any
other form of electronic data retrieval or
electronic data communication; and
``(ii) manually to enter, send, or retrieve
a text message to communicate with another
individual or device.
``(F) Text message.--
``(i) In general.--The term `text message'
means--
``(I) a text-based message;
``(II) an instant message;
``(III) an electronic message; and
``(IV) email.
``(ii) Exclusions.--The term `text message'
does not include--
``(I) an emergency, traffic, or
weather alert; or
``(II) a message relating to the
operation or navigation of a motor
vehicle.'';
(D) by striking paragraph (2) (as so redesignated)
and inserting the following:
``(2) Grant program.--The Secretary shall provide a grant
under this subsection to any State that includes distracted
driving awareness as part of the driver's license examination
of the State.
``(3) Allocation.--
``(A) In general.--For each fiscal year, not less
than 50 percent of the amounts made available to carry
out this subsection shall be allocated to States, based
on the proportion that--
``(i) the apportionment of the State under
section 402 for fiscal year 2009; bears to
``(ii) the apportionment of all States
under section 402 for that fiscal year.
``(B) Grants for states with distracted driving
laws.--
``(i) In general.--In addition to the
allocations under subparagraph (A), for each
fiscal year, not more than 50 percent of the
amounts made available to carry out this
subsection shall be allocated to States that
enact and enforce a law that meets the
requirements of paragraph (4), (5), or (6)--
``(I) based on the proportion
that--
``(aa) the apportionment of
the State under section 402 for
fiscal year 2009; bears to
``(bb) the apportionment of
all States under section 402
for that fiscal year; and
``(II) subject to clauses (ii),
(iii), and (iv), as applicable.
``(ii) Primary laws.--Subject to clause
(iv), in the case of a State that enacts and
enforces a law that meets the requirements of
paragraph (4), (5), or (6) as a primary
offense, the allocation to the State under this
subparagraph shall be 100 percent of the amount
calculated to be allocated to the State under
clause (i)(I).
``(iii) Secondary laws.--Subject to clause
(iv), in the case of a State that enacts and
enforces a law that meets the requirements of
paragraph (4), (5), or (6) as a secondary
enforcement action, the allocation to the State
under this subparagraph shall be an amount
equal to 50 percent of the amount calculated to
be allocated to the State under clause (i)(I).
``(iv) Texting while driving.--
Notwithstanding clauses (ii) and (iii), the
allocation under this subparagraph to a State
that enacts and enforces a law that prohibits a
driver from viewing a personal wireless
communications device (except for purposes of
navigation) shall be 25 percent of the amount
calculated to be allocated to the State under
clause (i)(I).'';
(E) in paragraph (4) (as so redesignated)--
(i) in the matter preceding subparagraph
(A), by striking ``set forth in this'' and
inserting ``of this'';
(ii) by striking subparagraph (B);
(iii) by redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C),
respectively;
(iv) in subparagraph (B) (as so
redesignated), by striking ``minimum''; and
(v) in subparagraph (C) (as so
redesignated), by striking ``text through a
personal wireless communication device'' and
inserting ``use a personal wireless
communications device for texting'';
(F) by inserting after paragraph (4) (as so
redesignated) the following:
``(5) Prohibition on handheld phone use while driving.--A
State law meets the requirements of this paragraph if the law--
``(A) prohibits a driver from holding a personal
wireless communications device while driving;
``(B) establishes a fine for a violation of that
law; and
``(C) does not provide for an exemption that
specifically allows a driver to use a personal wireless
communications device for texting while stopped in
traffic.'';
(G) in paragraph (6) (as so redesignated)--
(i) in the matter preceding subparagraph
(A), by striking ``set forth in this'' and
inserting ``of this'';
(ii) in subparagraph (A)(ii), by striking
``set forth in subsection (g)(2)(B)'';
(iii) by striking subparagraphs (B) and
(D);
(iv) by redesignating subparagraph (C) as
subparagraph (B);
(v) in subparagraph (B) (as so
redesignated), by striking ``minimum''; and
(vi) by adding at the end the following:
``(C) does not provide for--
``(i) an exemption that specifically allows
a driver to use a personal wireless
communications device for texting while stopped
in traffic; or
``(ii) an exemption described in paragraph
(7)(E).''; and
(H) in paragraph (7) (as so redesignated)--
(i) in the matter preceding subparagraph
(A), by striking ``set forth in paragraph (2)
or (3)'' and inserting ``of paragraph (4), (5),
or (6)'';
(ii) by striking subparagraph (A) and
inserting the following:
``(A) a driver who uses a personal wireless
communications device during an emergency to contact
emergency services to prevent injury to persons or
property;'';
(iii) in subparagraph (C), by striking
``and'' at the end;
(iv) by redesignating subparagraph (D) as
subparagraph (F); and
(v) by inserting after subparagraph (C) the
following:
``(D) a driver who uses a personal wireless
communications device for navigation;
``(E) except for a law described in paragraph (6),
the use of a personal wireless communications device--
``(i) in a hands-free manner;
``(ii) with a hands-free accessory; or
``(iii) with the activation or deactivation
of a feature or function of the personal
wireless communications device with the motion
of a single swipe or tap of the finger of the
driver; and'';
(6) in subsection (f)(3)--
(A) in subparagraph (A)(i), by striking
``accident'' and inserting ``crash'';
(B) by redesignating subparagraphs (C) through (F)
as subparagraphs (D) through (G), respectively;
(C) by inserting after subparagraph (B) the
following:
``(C) Helmet law.--A State law requiring the use of
a helmet for each motorcycle rider under the age of
18.''; and
(D) in subparagraph (F) (as so redesignated), in
the subparagraph heading, by striking ``accidents'' and
inserting ``crashes'';
(7) by striking subsection (g);
(8) by redesignating subsection (h) as subsection (g);
(9) in subsection (g) (as so redesignated)--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Definition of nonmotorized road user.--In this
subsection, the term `nonmotorized road user' means--
``(A) a pedestrian;
``(B) an individual using a nonmotorized mode of
transportation, including a bicycle, a scooter, or a
personal conveyance; and
``(C) an individual using a low-speed or low-
horsepower motorized vehicle, including an electric
bicycle, electric scooter, personal mobility assistance
device, personal transporter, or all-terrain
vehicle.'';
(C) in paragraph (2) (as so redesignated), by
striking ``pedestrian and bicycle fatalities and
injuries that result from crashes involving a motor
vehicle'' and inserting ``nonmotorized road user
fatalities involving a motor vehicle in transit on a
trafficway'';
(D) in paragraph (4) (as so redesignated), by
striking ``pedestrian and bicycle'' and inserting
``nonmotorized road user''; and
(E) by striking paragraph (5) (as so redesignated)
and inserting the following:
``(5) Use of grant amounts.--Grant funds received by a
State under this subsection may be used for the safety of
nonmotorized road users, including--
``(A) training of law enforcement officials
relating to nonmotorized road user safety, State laws
applicable to nonmotorized road user safety, and
infrastructure designed to improve nonmotorized road
user safety;
``(B) carrying out a program to support enforcement
mobilizations and campaigns designed to enforce State
traffic laws applicable to nonmotorized road user
safety;
``(C) public education and awareness programs
designed to inform motorists and nonmotorized road
users regarding--
``(i) nonmotorized road user safety,
including information relating to nonmotorized
mobility and the importance of speed management
to the safety of nonmotorized road users;
``(ii) the value of the use of nonmotorized
road user safety equipment, including lighting,
conspicuity equipment, mirrors, helmets, and
other protective equipment, and compliance with
any State or local laws requiring the use of
that equipment;
``(iii) State traffic laws applicable to
nonmotorized road user safety, including the
responsibilities of motorists with respect to
nonmotorized road users; and
``(iv) infrastructure designed to improve
nonmotorized road user safety; and
``(D) the collection of data, and the establishment
and maintenance of data systems, relating to
nonmotorized road user traffic fatalities.''; and
(10) by adding at the end the following:
``(h) Preventing Roadside Deaths.--
``(1) In general.--The Secretary shall provide grants to
States to prevent death and injury from crashes involving motor
vehicles striking other vehicles and individuals stopped at the
roadside.
``(2) Federal share.--The Federal share of the cost of
carrying out an activity funded through a grant under this
subsection may not exceed 80 percent.
``(3) Eligibility.--A State shall receive a grant under
this subsection in a fiscal year if the State submits to the
Secretary a plan that describes the method by which the State
will use grant funds in accordance with paragraph (4).
``(4) Use of funds.--Amounts received by a State under this
subsection shall be used by the State--
``(A) to purchase and deploy digital alert
technology that--
``(i) is capable of receiving alerts
regarding nearby first responders; and
``(ii) in the case of a motor vehicle that
is used for emergency response activities, is
capable of sending alerts to civilian drivers
to protect first responders on the scene and en
route;
``(B) to educate the public regarding the safety of
vehicles and individuals stopped at the roadside in the
State through public information campaigns for the
purpose of reducing roadside deaths and injury;
``(C) for law enforcement costs relating to
enforcing State laws to protect the safety of vehicles
and individuals stopped at the roadside;
``(D) for programs to identify, collect, and report
to State and local government agencies data relating to
crashes involving vehicles and individuals stopped at
the roadside; and
``(E) to pilot and incentivize measures, including
optical visibility measures, to increase the visibility
of stopped and disabled vehicles.
``(5) Grant amount.--The allocation of grant funds to a
State under this subsection for a fiscal year shall be in
proportion to the apportionment of that State under section 402
for fiscal year 2022.
``(i) Driver and Officer Safety Education.--
``(1) Definition of peace officer.--In this subsection, the
term `peace officer' includes any individual--
``(A) who is an elected, appointed, or employed
agent of a government entity;
``(B) who has the authority--
``(i) to carry firearms; and
``(ii) to make warrantless arrests; and
``(C) whose duties involve the enforcement of
criminal laws of the United States.
``(2) Grants.--Subject to the requirements of this
subsection, the Secretary shall provide grants to--
``(A) States that enact or adopt a law or program
described in paragraph (4); and
``(B) qualifying States under paragraph (7).
``(3) Federal share.--The Federal share of the cost of
carrying out an activity funded through a grant under this
subsection may not exceed 80 percent.
``(4) Description of law or program.--A law or program
referred to in paragraph (2)(A) is a law or program that
requires 1 or more of the following:
``(A) Driver education and driving safety
courses.--The inclusion, in driver education and driver
safety courses provided to individuals by educational
and motor vehicle agencies of the State, of instruction
and testing relating to law enforcement practices
during traffic stops, including information relating
to--
``(i) the role of law enforcement and the
duties and responsibilities of peace officers;
``(ii) the legal rights of individuals
concerning interactions with peace officers;
``(iii) best practices for civilians and
peace officers during those interactions;
``(iv) the consequences for failure of an
individual or officer to comply with the law or
program; and
``(v) how and where to file a complaint
against, or a compliment relating to, 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.
``(5) Use of funds.--A State may use a grant provided under
this subsection for--
``(A) the production of educational materials and
training of staff for driver education and driving
safety courses and peace officer training described in
paragraph (4); and
``(B) the implementation of a law or program
described in paragraph (4).
``(6) Grant amount.--The allocation of grant funds to a
State under this subsection for a fiscal year shall be in
proportion to the apportionment of that State under section 402
for fiscal year 2022.
``(7) Special rule for certain states.--
``(A) Definition of qualifying state.--In this
paragraph, the term `qualifying State' means a State
that--
``(i) has received a grant under this
subsection for a period of not more than 5
years; and
``(ii) as determined by the Secretary--
``(I) has not fully enacted or
adopted a law or program described in
paragraph (4); but
``(II)(aa) has taken meaningful
steps toward the full implementation of
such a law or program; and
``(bb) has established a timetable
for the implementation of such a law or
program.
``(B) Withholding.--The Secretary shall--
``(i) withhold 50 percent of the amount
that each qualifying State would otherwise
receive under this subsection if the qualifying
State were a State described in paragraph
(2)(A); and
``(ii) direct any amounts withheld under
clause (i) for distribution among the States
that are enforcing and carrying out a law or
program described in paragraph (4).''.
(b) Technical Amendment.--Section 4010(2) of the FAST Act (23
U.S.C. 405 note; Public Law 114-94) is amended by inserting ``all''
before ``deficiencies''.
SEC. 4106. MULTIPLE SUBSTANCE-IMPAIRED DRIVING PREVENTION.
(a) Impaired Driving Countermeasures.--Section 154(c)(1) of title
23, United States Code, is amended by striking ``alcohol-impaired''
each place it appears and inserting ``impaired''.
(b) Comptroller General Study of National DUI Reporting.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of the reporting of impaired
driving arrest and citation data into Federal databases and the
interstate sharing of information relating to impaired driving-
related convictions and license suspensions to facilitate the
widespread identification of repeat impaired driving offenders.
(2) Inclusions.--The study conducted under paragraph (1)
shall include a detailed assessment of--
(A) the extent to which State and local criminal
justice agencies are reporting impaired driving arrest
and citation data to Federal databases;
(B) barriers--
(i) at the Federal, State, and local
levels, to the reporting of impaired driving
arrest and citation data to Federal databases;
and
(ii) to the use of those databases by
criminal justice agencies;
(C) Federal, State, and local resources available
to improve the reporting and sharing of impaired
driving data; and
(D) any options or recommendations for actions that
Federal agencies or Congress could take to further
improve the reporting and sharing of impaired driving
data.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the appropriate committees of Congress a report describing the
results of the study conducted under this subsection.
SEC. 4107. 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 multiple substance-impaired''; and
(2) in subparagraph (B)--
(A) by striking ``intoxicated or driving'' and
inserting ``intoxicated, driving while multiple
substance-impaired, or driving''; and
(B) by striking ``alcohol-impaired'' and inserting
``alcohol- or multiple substance-impaired''.
SEC. 4108. CRASH DATA.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall revise the crash data collection
system to include the collection of crash report data elements that
distinguish individual personal conveyance vehicles, such as electric
scooters and bicycles, from other vehicles involved in a crash.
(b) Coordination.--In carrying out subsection (a), the Secretary
may coordinate with States to update the Model Minimum Uniform Crash
Criteria to provide guidance to States regarding the collection of
information and data elements for the crash data collection system.
(c) Vulnerable Road Users.--
(1) Update.--Based on the information contained in the
vulnerable road user safety assessments required by subsection
(f) of section 32302 of title 49, United States Code (as added
by section 4213(b)(2)), the Secretary shall modify existing
crash data collection systems to include the collection of
additional crash report data elements relating to vulnerable
road user safety.
(2) Injury health data.--The Secretary shall coordinate
with the Director of the Centers for Disease Control and
Prevention to develop and implement a plan for States to
combine highway crash data and injury health data to produce a
national database of pedestrian injuries and fatalities,
disaggregated by demographic characteristics.
(d) State Electronic Data Collection.--
(1) Definitions.--In this subsection:
(A) Electronic data transfer.--The term
``electronic data transfer'' means a protocol for
automated electronic transfer of State crash data to
the National Highway Traffic Safety Administration.
(B) State.--The term ``State'' means--
(i) each of the 50 States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) the United States Virgin Islands;
(v) Guam;
(vi) American Samoa;
(vii) the Commonwealth of the Northern
Mariana Islands; and
(viii) the Secretary of the Interior,
acting on behalf of an Indian Tribe.
(2) Establishment of program.--The Secretary shall
establish a program under which the Secretary shall--
(A) provide grants for the modernization of State
data collection systems to enable full electronic data
transfer under paragraph (3); and
(B) upgrade the National Highway Traffic Safety
Administration system to manage and support State
electronic data transfers relating to crashes under
paragraph (4).
(3) State grants.--
(A) In general.--The Secretary shall provide grants
to States to upgrade and standardize State crash data
systems to enable electronic data collection,
intrastate data sharing, and electronic data transfers
to the National Highway Traffic Safety Administration
to increase the accuracy, timeliness, and accessibility
of the data, including data relating to fatalities
involving vulnerable road users.
(B) Eligibility.--A State shall be eligible to
receive a grant under this paragraph if the State
submits to the Secretary an application, at such time,
in such manner, and containing such information as the
Secretary may require, that includes a plan to
implement full electronic data transfer to the National
Highway Traffic Safety Administration by not later than
5 years after the date on which the grant is provided.
(C) Use of funds.--A grant provided under this
paragraph may be used for the costs of--
(i) equipment to upgrade a statewide crash
data repository;
(ii) adoption of electronic crash reporting
by law enforcement agencies; and
(iii) increasing alignment of State crash
data with the latest Model Minimum Uniform
Crash Criteria.
(D) Federal share.--The Federal share of the cost
of a project funded with a grant under this paragraph
may be up to 80 percent.
(4) National highway traffic safety administration system
upgrade.--The Secretary shall manage and support State
electronic data transfers relating to vehicle crashes by--
(A) increasing the capacity of the National Highway
Traffic Safety Administration system; and
(B) making State crash data accessible to the
public.
(e) Crash Investigation Sampling System.--The Secretary may use
funds made available to carry out this section to enhance the
collection of crash data by upgrading the Crash Investigation Sampling
System to include--
(1) additional program sites;
(2) an expanded scope that includes all crash types; and
(3) on-scene investigation protocols.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $150,000,000
for each of fiscal years 2022 through 2026, to remain available for a
period of 3 fiscal years following the fiscal year for which the
amounts are appropriated.
SEC. 4109. REVIEW OF MOVE OVER OR SLOW DOWN LAW PUBLIC AWARENESS.
(a) Definition of Move Over or Slow Down Law.--In this section, the
term ``Move Over or Slow Down Law'' means any Federal or State law
intended to ensure first responder and motorist safety by requiring
motorists to change lanes or slow down when approaching an authorized
emergency vehicle that is stopped or parked on or next to a roadway
with emergency lights activated.
(b) Study.--
(1) In general.--The Comptroller General of the United
States shall carry out a study of the efficacy of Move Over or
Slow Down Laws and related public awareness campaigns.
(2) Inclusions.--The study under paragraph (1) shall
include--
(A) a review of each Federal and State Move Over or
Slow Down Law, including--
(i) penalties associated with the Move Over
or Slow Down Laws;
(ii) the level of enforcement of Move Over
or Slow Down Laws; and
(iii) the applicable class of vehicles that
triggers Move Over or Slow Down Laws.
(B) an identification and description of each
Federal and State public awareness campaign relating to
Move Over or Slow Down Laws; and
(C) a description of the role of the Department in
supporting State efforts with respect to Move Over or
Slow Down Laws, such as conducting research, collecting
data, or supporting public awareness or education
efforts.
(c) Report.--On completion of the study under subsection (b), the
Comptroller General shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that
describes--
(1) the findings of the study; and
(2) any recommendations to improve public awareness
campaigns, research, or education efforts relating to the
issues described in subsection (b)(2).
SEC. 4110. REVIEW OF LAWS, SAFETY MEASURES, AND TECHNOLOGIES RELATING
TO SCHOOL BUSES.
(a) Review of Illegal Passing Laws.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall prepare a report
that--
(A) identifies and describes all illegal passing
laws in each State relating to school buses,
including--
(i) the level of enforcement of those laws;
(ii) the penalties associated with those
laws;
(iii) any issues relating to the
enforcement of those laws; and
(iv) the effectiveness of those laws;
(B) reviews existing State laws that may inhibit
the effectiveness of safety countermeasures in school
bus loading zones, such as--
(i) laws that require the face of a driver
to be visible in an image captured by a camera
if enforcement action is to be taken based on
that image;
(ii) laws that may reduce stop-arm camera
effectiveness;
(iii) the need for a law enforcement
officer to witness an event for enforcement
action to be taken; and
(iv) the lack of primary enforcement for
texting and driving offenses;
(C) identifies the methods used by each State to
review, document, and report to law enforcement school
bus stop-arm violations; and
(D) identifies best practices relating to the most
effective approaches to address the illegal passing of
school buses.
(2) Publication.--The report under paragraph (1) shall be
made publicly available on the website of the Department.
(b) Public Safety Messaging Campaign.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish and
implement a public safety messaging campaign that uses public
safety media messages, posters, digital media messages, and
other media messages distributed to States, State departments
of motor vehicles, schools, and other public outlets--
(A) to highlight the importance of addressing the
illegal passing of school buses; and
(B) to educate students and the public regarding
the safe loading and unloading of schools buses.
(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with--
(A) representatives of the school bus industry from
the public and private sectors; and
(B) States.
(3) Updates.--The Secretary shall periodically update the
materials used in the campaign under paragraph (1).
(c) Review of Technologies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall review and evaluate
the effectiveness of various technologies for enhancing school
bus safety, including technologies such as--
(A) cameras;
(B) audible warning systems; and
(C) enhanced lighting.
(2) Inclusions.--The review under paragraph (1)--
(A) shall include--
(i) an assessment of--
(I) the costs of acquiring and
operating new equipment;
(II) the potential impact of that
equipment on overall school bus
ridership; and
(III) motion-activated detection
systems capable of--
(aa) detecting pedestrians,
cyclists, and other road users
located near the exterior of
the school bus; and
(bb) alerting the operator
of the school bus of those road
users;
(ii) an assessment of the impact of
advanced technologies designed to improve
loading zone safety; and
(iii) an assessment of the effectiveness of
school bus lighting systems at clearly
communicating to surrounding drivers the
appropriate actions those drivers should take;
and
(B) may include an evaluation of any technological
solutions that may enhance school bus safety outside
the school bus loading zone.
(3) Consultation.--In carrying out the review under
paragraph (1), the Secretary shall consult with--
(A) manufacturers of school buses;
(B) manufacturers of various technologies that may
enhance school bus safety; and
(C) representatives of the school bus industry from
the public and private sectors.
(4) Publication.--The Secretary shall make the findings of
the review under paragraph (1) publicly available on the
website of the Department.
(d) Review of Driver Education Materials.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review driver manuals, handbooks, and other
materials in all States to determine whether and the
means by which illegal passing of school buses is
addressed in those driver materials, including in--
(i) testing for noncommercial driver's
licenses; and
(ii) road tests; and
(B) make recommendations on methods by which States
can improve education regarding the illegal passing of
school buses, particularly for new drivers.
(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with--
(A) representatives of the school bus industry from
the public and private sectors;
(B) States;
(C) State motor vehicle administrators or senior
State executives responsible for driver licensing; and
(D) other appropriate motor vehicle experts.
(3) Publication.--The Secretary shall make the findings of
the review under paragraph (1) publicly available on the
website of the Department.
(e) Review of Other Safety Issues.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall research and prepare
a report describing any relationship between the illegal
passing of school buses and other safety issues, including
issues such as--
(A) distracted driving;
(B) poor visibility, such as morning darkness;
(C) illumination and reach of vehicle headlights;
(D) speed limits; and
(E) characteristics associated with school bus
stops, including the characteristics of school bus
stops in rural areas.
(2) Publication.--The Secretary shall make the report under
paragraph (1) publicly available on the website of the
Department.
SEC. 4111. MOTORCYCLIST ADVISORY COUNCIL.
(a) In General.--Subchapter III of chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 355. Motorcyclist Advisory Council
``(a) Establishment.--Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation (referred to
in this section as the `Secretary') shall establish a council, to be
known as the `Motorcyclist Advisory Council' (referred to in this
section as the `Council').
``(b) Membership.--
``(1) In general.--The Council shall be comprised of 13
members, to be appointed by the Secretary, of whom--
``(A) 5 shall be representatives of units of State
or local government with expertise relating to highway
engineering and safety issues, including--
``(i) motorcycle and motorcyclist safety;
``(ii) barrier and road design,
construction, and maintenance; or
``(iii) intelligent transportation systems;
``(B) 1 shall be a motorcyclist who serves as a
State or local--
``(i) traffic and safety engineer;
``(ii) design engineer; or
``(iii) other transportation department
official;
``(C) 1 shall be a representative of a national
association of State transportation officials;
``(D) 1 shall be a representative of a national
motorcyclist association;
``(E) 1 shall be a representative of a national
motorcyclist foundation;
``(F) 1 shall be a representative of a national
motorcycle manufacturing association;
``(G) 1 shall be a representative of a motorcycle
manufacturing company headquartered in the United
States;
``(H) 1 shall be a roadway safety data expert with
expertise relating to crash testing and analysis; and
``(I) 1 shall be a member of a national safety
organization that represents the traffic safety systems
industry.
``(2) Term.--
``(A) In general.--Subject to subparagraphs (B) and
(C), each member shall serve on the Council for a
single term of 2 years.
``(B) Additional term.--If a successor is not
appointed for a member of the Council before the
expiration of the term of service of the member, the
member may serve on the Council for a second term of
not longer than 2 years.
``(C) Appointment of replacements.--If a member of
the Council resigns before the expiration of the 2-year
term of service of the member--
``(i) the Secretary may appoint a
replacement for the member, who shall serve the
remaining portion of the term; and
``(ii) the resigning member may continue to
serve after resignation until the date on which
a successor is appointed.
``(3) Vacancies.--A vacancy on the Council shall be filled
in the manner in which the original appointment was made.
``(4) Compensation.--A member of the Council shall serve
without compensation.
``(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 regarding transportation safety issues of
concern to motorcyclists, including--
``(A) motorcycle and motorcyclist safety;
``(B) barrier and road design, construction, and
maintenance practices; and
``(C) the architecture and implementation of
intelligent transportation system technologies.
``(2) Biennial report.--Not later than October 31 of the
calendar year following the calendar year in which the Council
is established, and not less frequently than once every 2 years
thereafter, the Council shall submit to the Secretary a report
containing recommendations of the Council regarding the issues
described in paragraph (1).
``(d) Duties of Secretary.--
``(1) Council recommendations.--
``(A) In general.--The Secretary shall determine
whether to accept or reject a recommendation contained
in a report of the Council under subsection (c)(2).
``(B) Inclusion in review.--
``(i) In general.--The Secretary shall
indicate in each review under paragraph (2)
whether the Secretary accepts or rejects each
recommendation of the Council covered by the
review.
``(ii) Exception.--The Secretary may
indicate in a review under paragraph (2) that a
recommendation of the Council is under
consideration, subject to the condition that a
recommendation so under consideration shall be
accepted or rejected by the Secretary in the
subsequent review of the Secretary under
paragraph (2).
``(2) Review.--
``(A) In general.--Not later than 60 days after the
date on which the Secretary receives a report from the
Council under subsection (c)(2), the Secretary shall
submit a review describing the response of the
Secretary to the recommendations of the Council
contained in the Council report to--
``(i) the Committee on Commerce, Science,
and Transportation of the Senate;
``(ii) the Committee on Environment and
Public Works of the Senate;
``(iii) the Subcommittee on Transportation,
Housing and Urban Development, and Related
Agencies of the Committee on Appropriations of
the Senate;
``(iv) the Committee on Transportation and
Infrastructure of the House of Representatives;
and
``(v) the Subcommittee on Transportation,
Housing and Urban Development, and Related
Agencies of the Committee on Appropriations of
the House of Representatives.
``(B) Contents.--A review of the Secretary under
this paragraph shall include a description of--
``(i) each recommendation contained in the
Council report covered by the review; and
``(ii)(I) each recommendation of the
Council that was categorized under paragraph
(1)(B)(ii) as being under consideration by the
Secretary in the preceding review submitted
under this paragraph; and
``(II) for each such recommendation,
whether the recommendation--
``(aa) is accepted or rejected by
the Secretary; or
``(bb) remains under consideration
by the Secretary.
``(3) Administrative and technical support.--The Secretary
shall provide to the Council such administrative support,
staff, and technical assistance as the Secretary determines to
be necessary to carry out the duties of the Council under this
section.
``(e) Termination.--The Council shall terminate on the date that is
6 years after the date on which the Council is established under
subsection (a).''.
(b) Clerical Amendment.--The analysis for subchapter III of chapter
3 of title 49, United States Code, is amended by inserting after the
item relating to section 354 the following:
``355. Motorcyclist Advisory Council.''.
(c) Conforming Amendments.--
(1) Section 1426 of the FAST Act (23 U.S.C. 101 note;
Public Law 114-94) is repealed.
(2) The table of contents for the FAST Act (Public Law 114-
94; 129 Stat. 1313) is amended by striking the item relating to
section 1426.
SEC. 4112. SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Comprehensive safety action plan.--The term
``comprehensive safety action plan'' means a plan aimed at
preventing transportation-related fatalities and serious
injuries in a locality, commonly referred to as a ``Vision
Zero'' or ``Toward Zero Deaths'' plan, that may include--
(A) a goal and timeline for eliminating fatalities
and serious injuries;
(B) an analysis of the location and severity of
vehicle-involved crashes in a locality;
(C) an analysis of community input, gathered
through public outreach and education;
(D) a data-driven approach to identify projects or
strategies to prevent fatalities and serious injuries
in a locality, such as those involving--
(i) education and community outreach;
(ii) effective methods to enforce traffic
laws and regulations;
(iii) new vehicle or other transportation-
related technologies; and
(iv) roadway planning and design; and
(E) mechanisms for evaluating the outcomes and
effectiveness of the comprehensive safety action plan,
including the means by which that effectiveness will be
reported to residents in a locality.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a metropolitan planning organization;
(B) a political subdivision of a State;
(C) a federally recognized Tribal government; and
(D) a multijurisdictional group of entities
described in any of subparagraphs (A) through (C).
(3) Eligible project.--The term ``eligible project'' means
a project--
(A) to develop a comprehensive safety action plan;
(B) to conduct planning, design, and development
activities for projects and strategies identified in a
comprehensive safety action plan; or
(C) to carry out projects and strategies identified
in a comprehensive safety action plan.
(4) Program.--The term ``program'' means the Safe Streets
and Roads for All program established under subsection (b).
(b) Establishment.--The Secretary shall establish and carry out a
program, to be known as the Safe Streets and Roads for All program,
that supports local initiatives to prevent death and serious injury on
roads and streets, commonly referred to as ``Vision Zero'' or ``Toward
Zero Deaths'' initiatives.
(c) Grants.--
(1) In general.--In carrying out the program, the Secretary
may make grants to eligible entities, on a competitive basis,
in accordance with this section.
(2) Limitations.--
(A) In general.--Not more than 15 percent of the
funds made available to carry out the program for a
fiscal year may be awarded to eligible projects in a
single State during that fiscal year.
(B) Planning grants.--Of the total amount made
available to carry out the program for each fiscal
year, not less than 40 percent shall be awarded to
eligible projects described in subsection (a)(3)(A).
(d) Selection of Eligible Projects.--
(1) Solicitation.--Not later than 180 days after the date
on which amounts are made available to provide grants under the
program for a fiscal year, the Secretary shall solicit from
eligible entities grant applications for eligible projects in
accordance with this section.
(2) Applications.--
(A) In general.--To be eligible to receive a grant
under the program, an eligible entity shall submit to
the Secretary an application in such form and
containing such information as the Secretary considers
to be appropriate.
(B) Requirement.--An application for a grant under
this paragraph shall include mechanisms for evaluating
the success of applicable eligible projects and
strategies.
(3) Considerations.--In awarding a grant under the program,
the Secretary shall take into consideration the extent to which
an eligible entity, and each eligible project proposed to be
carried out by the eligible entity, as applicable--
(A) is likely to significantly reduce or eliminate
transportation-related fatalities and serious injuries
involving various road users, including pedestrians,
bicyclists, public transportation users, motorists, and
commercial operators, within the timeframe proposed by
the eligible entity;
(B) demonstrates engagement with a variety of
public and private stakeholders;
(C) seeks to adopt innovative technologies or
strategies to promote safety;
(D) employs low-cost, high-impact strategies that
can improve safety over a wider geographical area;
(E) ensures, or will ensure, equitable investment
in the safety needs of underserved communities in
preventing transportation-related fatalities and
injuries;
(F) includes evidence-based projects or strategies;
and
(G) achieves such other conditions as the Secretary
considers to be necessary.
(4) Transparency.--
(A) In general.--The Secretary shall evaluate,
through a methodology that is discernible and
transparent to the public, the means by, and extent to,
which each application under the program addresses any
applicable merit criteria established by the Secretary.
(B) Publication.--The methodology under
subparagraph (A) shall be published by the Secretary as
part of the notice of funding opportunity under the
program.
(e) Federal Share.--The Federal share of the cost of an eligible
project carried out using a grant provided under the program shall not
exceed 80 percent.
(f) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $200,000,000 for
each of fiscal years 2022 through 2026, to remain available for
a period of 3 fiscal years following the fiscal year for which
the amounts are appropriated.
(2) Administrative expenses.--Of the amounts made available
to carry out the program for a fiscal year, the Secretary may
retain not more than 2 percent for the administrative expenses
of the program.
(3) Availability to eligible entities.--Amounts made
available under a grant under the program shall remain
available for use by the applicable eligible entity until the
date that is 5 years after the date on which the grant is
provided.
(g) Data Submission.--
(1) In general.--As a condition of receiving a grant under
this program, an eligible entity shall submit to the Secretary,
on a regular basis as established by the Secretary, data,
information, or analyses collected or conducted in accordance
with subsection (d)(3).
(2) Form.--The data, information, and analyses under
paragraph (1) shall be submitted in such form such manner as
may be prescribed by the Secretary.
(h) Reports.--Not later than 4 years after the date on which an
eligible entity receives a grant under the program, the eligible entity
shall submit to the Secretary a report that describes--
(1) the costs of each eligible project carried out using
the grant;
(2) the outcomes and benefits that each such eligible
project has generated, as--
(A) identified in the grant application of the
eligible entity; and
(B) measured by data, to the maximum extent
practicable; and
(3) the lessons learned and any recommendations relating to
future projects or strategies to prevent death and serious
injury on roads and streets.
(i) Best Practices.--Based on the information submitted by eligible
entities under subsection (g), the Secretary shall--
(1) periodically post on a publicly available website best
practices and lessons learned for preventing transportation-
related fatalities and serious injuries pursuant to strategies
or interventions implemented under the program; and
(2) evaluate and incorporate, as appropriate, the
effectiveness of strategies and interventions implemented under
the program for the purpose of enriching revisions to the
document entitled ``Countermeasures That Work: A Highway Safety
Countermeasure Guide for State Highway Safety Offices, Ninth
Edition'' and numbered DOT HS 812 478 (or any successor
document).
SEC. 4113. IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) Next Generation 911.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement the
recommendations of the Comptroller General of the United States
contained in the report entitled ``Next Generation 911:
National 911 Program Could Strengthen Efforts to Assist
States'', numbered GAO-18-252, and dated January 1, 2018, by
requiring that the Administrator of the National Highway
Traffic Safety Administration, in collaboration with the
appropriate Federal agencies, shall determine the roles and
responsibilities of the Federal agencies participating in the
initiative entitled ``National NG911 Roadmap initiative'' to
carry out the national-level tasks with respect which each
agency has jurisdiction.
(2) Implementation plan.--The Administrator of the National
Highway Traffic Safety Administration shall develop an
implementation plan to support the completion of national-level
tasks under the National NG911 Roadmap initiative.
(b) Pedestrian and Cyclists Information and Enhanced Performance
Management.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall implement the
recommendations of the Comptroller General of the United States
contained in the report entitled ``Pedestrians and Cyclists:
Better Information to States and Enhanced Performance
Management Could Help DOT Improve Safety'', numbered GAO-21-
405, and dated May 20, 2021, by--
(A) carrying out measures to collect information
relating to the range of countermeasures implemented by
States;
(B) analyzing that information to help advance
knowledge regarding the effectiveness of those
countermeasures; and
(C) sharing with States any results.
(2) Performance management practices.--The Administrator of
the National Highway Traffic Safety Administration shall use
performance management practices to guide pedestrian and
cyclist safety activities by--
(A) developing performance measures for the
Administration and program offices responsible for
implementing pedestrian and cyclist safety activities
to demonstrate the means by which those activities
contribute to safety goals; and
(B) using performance information to make any
necessary changes to advance pedestrian and cyclist
safety efforts.
Subtitle B--Vehicle Safety
SEC. 4201. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out chapter 301, and part C of subtitle VI, of title 49, United States
Code--
(1) $200,294,333 for fiscal year 2022;
(2) $204,300,219 for fiscal year 2023;
(3) $208,386,224 for fiscal year 2024;
(4) $212,553,948 for fiscal year 2025; and
(5) $216,805,027 for fiscal year 2026.
SEC. 4202. RECALL COMPLETION.
(a) Reports on Recall Campaigns.--Section 30118 of title 49, United
States Code, is amended by adding at the end the following:
``(f) Reports on Notification Campaigns.--
``(1) In general.--Each manufacturer that is conducting a
campaign under subsection (b) or (c) or any other provision of
law (including regulations) to notify manufacturers,
distributors, owners, purchasers, or dealers of a defect or
noncompliance shall submit to the Administrator of the National
Highway Traffic Safety Administration--
``(A) by the applicable date described in section
573.7(d) of title 49, Code of Federal Regulations (or a
successor regulation), a quarterly report describing
the campaign for each of 8 consecutive quarters,
beginning with the quarter in which the campaign was
initiated; and
``(B) an annual report for each of the 3 years
beginning after the date of completion of the last
quarter for which a quarterly report is submitted under
subparagraph (A).
``(2) Requirements.--Except as otherwise provided in this
subsection, each report under this subsection shall comply with
the requirements of section 573.7 of title 49, Code of Federal
Regulations (or a successor regulation).''.
(b) Recall Completion Rates.--Section 30120 of title 49, United
States Code, is amended by adding at the end the following:
``(k) Recall Completion Rates.--
``(1) In general.--The Administrator of the National
Highway Traffic Safety Administration shall publish an annual
list of recall completion rates for each recall campaign for
which 8 quarterly reports have been submitted under subsection
(f) of section 30118 as of the date of publication of the list.
``(2) Requirements.--The annual list under paragraph (1)
shall include--
``(A) for each applicable campaign--
``(i) the total number of vehicles subject
to recall; and
``(ii) the percentage of vehicles that have
been remedied; and
``(B) for each manufacturer submitting an
applicable quarterly report under section 30118(f)--
``(i) the total number of recalls issued by
the manufacturer during the year covered by the
list;
``(ii) the estimated number of vehicles of
the manufacturer subject to recall during the
year covered by the list; and
``(iii) the percentage of vehicles that
have been remedied.''.
SEC. 4203. RECALL ENGAGEMENT.
(a) Recall Repair.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall--
(1) conduct a study to determine--
(A) the reasons why vehicle owners do not have
repairs performed for vehicles subject to open recalls;
and
(B) whether engagement by third parties, including
State and local governments, insurance companies, or
other entities, could increase the rate at which
vehicle owners have repairs performed for vehicles
subject to open recalls; and
(2) submit to Congress a report describing the results of
the study under paragraph (1), including any recommendations
for increasing the rate of repair for vehicles subject to open
recalls.
(b) Ridesharing.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall--
(1) conduct a study to determine the number of passenger
motor vehicles in each State that--
(A) are used by transportation network companies
for for-hire purposes, such as ridesharing; and
(B) have 1 or more open recalls; and
(2) submit to Congress a report describing the results of
the study under paragraph (1).
(c) NHTSA Study and Report.--Not later than 3 years after the date
of enactment of this Act, the Administrator of the National Highway
Traffic Safety Administration shall--
(1) conduct a study to determine the ways in which vehicle
recall notices could--
(A) more effectively reach vehicle owners;
(B) be made easier for all consumers to understand;
and
(C) incentivize vehicle owners to complete the
repairs described in the recall notices; and
(2) submit to Congress a report describing the results of
the study under paragraph (1), including any recommendations
for--
(A) increasing the rate of repair for vehicles
subject to open recalls; or
(B) any regulatory or statutory legislative changes
that would facilitate an increased rate of repair.
SEC. 4204. MOTOR VEHICLE SEAT BACK SAFETY STANDARDS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, subject to subsection (b), the Secretary shall issue an
advanced notice of proposed rulemaking to update section 571.207 of
title 49, Code of Federal Regulations.
(b) Compliance Date.--If the Secretary determines that a final rule
is appropriate consistent with the considerations described in section
30111(b) of title 49, United States Code, in issuing a final rule
pursuant to subsection (a), the Secretary shall establish a date for
required compliance with the final rule of not later than 2 motor
vehicle model years after the model year during which the effective
date of the final rule occurs.
SEC. 4205. AUTOMATIC SHUTOFF.
(a) Definitions.--In this section:
(1) Key.--The term ``key'' has the meaning given the term
in section 571.114 of title 49, Code of Federal Regulations (or
a successor regulation).
(2) Manufacturer.--The term ``manufacturer'' has the
meaning given the term in section 30102(a) of title 49, United
States Code.
(3) Motor vehicle.--
(A) In general.--The term ``motor vehicle'' has the
meaning given the term in section 30102(a) of title 49,
United States Code.
(B) Exclusions.--The term ``motor vehicle'' does
not include--
(i) a motorcycle or trailer (as those terms
are defined in section 571.3 of title 49, Code
of Federal Regulations (or a successor
regulation));
(ii) any motor vehicle with a gross vehicle
weight rating of more than 10,000 pounds;
(iii) a battery electric vehicle; or
(iv) a motor vehicle that requires extended
periods with the engine in idle to operate in
service mode or to operate equipment, such as
an emergency vehicle (including a police
vehicle, an ambulance, or a tow vehicle) and a
commercial-use vehicle (including a
refrigeration vehicle).
(b) Automatic Shutoff Systems for Motor Vehicles.--
(1) Final rule.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall
issue a final rule amending section 571.114 of title
49, Code of Federal Regulations, to require
manufacturers to install in each motor vehicle that is
equipped with a keyless ignition device and an internal
combustion engine a device or system to automatically
shutoff the motor vehicle after the motor vehicle has
idled for the period described in subparagraph (B).
(B) Description of period.--
(i) In general.--The period referred to in
subparagraph (A) is the period designated by
the Secretary as necessary to prevent, to the
maximum extent practicable, carbon monoxide
poisoning.
(ii) Different periods.--The Secretary may
designate different periods under clause (i)
for different types of motor vehicles,
depending on the rate at which the motor
vehicle emits carbon monoxide, if--
(I) the Secretary determines a
different period is necessary for a
type of motor vehicle for purposes of
section 30111 of title 49, United
States Code; and
(II) requiring a different period
for a type of motor vehicle is
consistent with the prevention of
carbon monoxide poisoning.
(2) Deadline.--Unless the Secretary finds good cause to
phase-in or delay implementation, the rule issued pursuant to
paragraph (1) shall take effect on September 1 of the first
calendar year beginning after the date on which the Secretary
issues the rule.
(c) Preventing Motor Vehicles From Rolling Away.--
(1) Requirement.--The Secretary shall conduct a study of
the regulations contained in part 571 of title 49, Code of
Federal Regulations, to evaluate the potential consequences and
benefits of the installation by manufacturers of technology to
prevent movement of motor vehicles equipped with keyless
ignition devices and automatic transmissions when--
(A) the transmission of the motor vehicle is not in
the park setting;
(B) the motor vehicle does not exceed the speed
determined by the Secretary under paragraph (2);
(C) the seat belt of the operator of the motor
vehicle is unbuckled;
(D) the service brake of the motor vehicle is not
engaged; and
(E) the door for the operator of the motor vehicle
is open.
(2) Review and report.--The Secretary shall--
(A) provide a recommended maximum speed at which a
motor vehicle may be safely locked in place under the
conditions described in subparagraphs (A), (C), (D),
and (E) of paragraph (1) to prevent vehicle rollaways;
and
(B) not later than 1 year after the date of
completion of the study under paragraph (1), 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--
(i) describing the findings of the study;
and
(ii) providing additional recommendations,
if any.
SEC. 4206. PETITIONS BY INTERESTED PERSONS FOR STANDARDS AND
ENFORCEMENT.
Section 30162 of title 49, United States Code, is amended--
(1) in subsection (b), by striking ``The petition'' and
inserting ``A petition under this section'';
(2) in subsection (c), by striking ``the petition'' and
inserting ``a petition under this section''; and
(3) in subsection (d)--
(A) in the third sentence, by striking ``If a
petition'' and inserting the following:
``(3) Denial.--If a petition under this section'';
(B) in the second sentence , by striking ``If a
petition is granted'' and inserting the following:
``(2) Approval.--If a petition under this section is
approved''; and
(C) in the first sentence, by striking ``The
Secretary shall grant or deny a petition'' and
inserting the following:
``(1) In general.--The Secretary shall determine whether to
approve or deny a petition under this section by''.
SEC. 4207. CHILD SAFETY SEAT ACCESSIBILITY STUDY.
(a) In General.--The Secretary, in coordination with other relevant
Federal departments and agencies, including the Secretary of
Agriculture, the Secretary of Education, and the Secretary of Health
and Human Services, shall conduct a study to review the status of motor
vehicle child safety seat accessibility for low-income families and
underserved populations.
(b) Addressing Needs.--In conducting the study under subsection
(a), the Secretary shall--
(1) examine the impact of Federal funding provided under
section 405 of title 23, United States Code; and
(2) develop a plan for addressing any needs identified in
the study, including by working with social service providers.
SEC. 4208. CRASH AVOIDANCE TECHNOLOGY.
(a) In General.--Subchapter II of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30129. Crash avoidance technology
``(a) In General.--The Secretary of Transportation shall promulgate
a rule--
``(1) to establish minimum performance standards with
respect to crash avoidance technology; and
``(2) to require that all passenger motor vehicles
manufactured for sale in the United States on or after the
compliance date described in subsection (b) shall be equipped
with--
``(A) a forward collision warning and automatic
emergency braking system that--
``(i) alerts the driver if--
``(I) the distance to a vehicle
ahead or an object in the path of
travel ahead is closing too quickly;
and
``(II) a collision is imminent; and
``(ii) automatically applies the brakes if
the driver fails to do so; and
``(B) a lane departure warning and lane-keeping
assist system that--
``(i) warns the driver to maintain the lane
of travel; and
``(ii) corrects the course of travel if the
driver fails to do so.
``(b) Compliance Date.--The Secretary of Transportation shall
determine the appropriate effective date, and any phasing-in of
requirements, of the final rule promulgated pursuant to subsection
(a).''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
301 of title 49, United States Code, is amended by adding at the end
the following:
``30129. Crash avoidance technology.''.
SEC. 4209. REDUCTION OF DRIVER DISTRACTION.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall conduct research regarding the
installation and use on motor vehicles of driver monitoring systems to
minimize or eliminate--
(1) driver distraction;
(2) driver disengagement;
(3) automation complacency by drivers; and
(4) foreseeable misuse of advanced driver-assist systems.
(b) Report.--Not later than 180 days after the date of completion
of the research under subsection (a), the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
detailed report describing the findings of the research.
(c) Rulemaking.--
(1) In general.--If, based on the research completed under
subsection (a), the Secretary determines that--
(A) 1 or more rulemakings are necessary to ensure
safety, in accordance with the section 30111 of title
49, United States Code, the Secretary shall initiate
the rulemakings by not later than 2 years after the
date of submission of the report under subsection (b);
and
(B) an additional rulemaking is not necessary, or
an additional rulemaking cannot meet the applicable
requirements and considerations described in
subsections (a) and (b) of section 30111 of title 49,
United States Code, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of
the House of Representatives a report describing the
reasons for not prescribing additional Federal motor
vehicle safety standards regarding the research
conducted under subsection (a).
(2) Privacy.--A rule issued pursuant to paragraph (1) shall
incorporate appropriate privacy and data security safeguards,
as determined by the Secretary.
SEC. 4210. RULEMAKING REPORT.
(a) Definition of Covered Rulemaking.--In this section, the term
``covered rulemaking'' means a regulation or rulemaking that--
(1) has not been finalized by the date on which the
relevant notification is submitted under subsection (b); and
(2) relates to--
(A) section 30120A of title 49, United States Code;
(B) section 30166(o) of title 49, United States
Code;
(C) section 30172 of title 49, United States Code;
(D) section 32302(c) of title 49, United States
Code;
(E) a defect reporting requirement under section
32302(d) of title 49, United States Code;
(F) subsections (b) and (c) of section 32304A of
title 49, United States Code;
(G) the tire pressure monitoring standards required
under section 24115 of the FAST Act (49 U.S.C. 30123
note; Public Law 114-94);
(H) the amendment made by section 24402 of the FAST
Act (129 Stat. 1720; Public Law 114-94) to section
30120(g)(1) of title 49, United States Code;
(I) the records retention rule required under
section 24403 of the FAST Act (49 U.S.C. 30117 note;
Public Law 114-94);
(J) the amendments made by section 24405 of the
FAST Act (Public Law 114-94; 129 Stat. 1721) to section
30114 of title 49, United States Code;
(K) a defect and noncompliance notification
required under--
(i) section 24104 of the FAST Act (49
U.S.C. 30119 note; Public Law 114-94); or
(ii) section 31301 of MAP-21 (49 U.S.C.
30166 note; Public Law 112-141);
(L) a side impact or frontal impact test procedure
for child restraint systems under section 31501 of MAP-
21 (49 U.S.C. 30127 note; Public Law 112-141);
(M) an upgrade to child restraint anchorage system
usability requirements required under section 31502 of
MAP-21 (49 U.S.C. 30127 note; Public Law 112-141);
(N) the rear seat belt reminder system required
under section 31503 of MAP-21 (49 U.S.C. 30127 note;
Public Law 112-141);
(O) a motorcoach rulemaking required under section
32703 of MAP-21 (49 U.S.C. 31136 note; Public Law 112-
141); or
(P) any rulemaking required under this Act.
(b) Notification.--Not later than 180 days after the date of
enactment of this Act, and not less frequently than biannually
thereafter until the applicable covered rulemaking is complete, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a written notification that includes,
with respect to each covered rulemaking--
(1) for a covered rulemaking with a statutory deadline for
completion--
(A) an explanation of why the deadline was not met;
and
(B) an expected date of completion of the covered
rulemaking; and
(2) for a covered rulemaking without a statutory deadline
for completion, an expected date of completion of the covered
rulemaking.
(c) Additional Contents.--A notification under subsection (b) shall
include, for each applicable covered rulemaking--
(1) an updated timeline;
(2) a list of factors causing delays in the completion of
the covered rulemaking; and
(3) any other details associated with the status of the
covered rulemaking.
SEC. 4211. GLOBAL HARMONIZATION.
The Secretary shall cooperate, to the maximum extent practicable,
with foreign governments, nongovernmental stakeholder groups, the motor
vehicle industry, and consumer groups with respect to global
harmonization of vehicle regulations as a means for improving motor
vehicle safety.
SEC. 4212. HEADLAMPS.
(a) Definitions.--In this section:
(1) Adaptive driving beam headlamp.--The term ``adaptive
driving beam headlamp'' means a headlamp (as defined in
Standard 108) that meets the performance requirements specified
in SAE International Standard J3069, published on June 30,
2016.
(2) Standard 108.--The term ``Standard 108'' means Federal
Motor Vehicle Safety Standard Number 108, contained in section
571.108 of title 49, Code of Federal Regulations (as in effect
on the date of enactment of this Act).
(b) Rulemaking.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall issue a final rule amending Standard
108--
(1) to include performance-based standards for vehicle
headlamp systems--
(A) to ensure that headlights are correctly aimed
on the road; and
(B) requiring those systems to be tested on-vehicle
to account for headlight height and lighting
performance; and
(2) to allow for the use on vehicles of adaptive driving
beam headlamp systems.
(c) Periodic Review.--Nothing in this section precludes the
Secretary from--
(1) reviewing Standard 108, as amended pursuant to
subsection (b); and
(2) revising Standard 108 to reflect an updated version of
SAE International Standard J3069, as the Secretary determines
to be--
(A) appropriate; and
(B) in accordance with section 30111 of title 49,
United States Code.
SEC. 4213. NEW CAR ASSESSMENT PROGRAM.
(a) Updates.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall finalize the proceeding for which
comments were requested in the notice entitled ``New Car Assessment
Program'' (80 Fed. Reg. 78522 (December 16, 2015)) to update the
passenger motor vehicle information required under section 32302(a) of
title 49, United States Code.
(b) Information Program.--Section 32302 of title 49, United States
Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``(referred to in this section as the
`Secretary')'' after ``of Transportation''; and
(2) by adding at the end the following:
``(e) Advanced Crash-avoidance Technologies.--
``(1) Notice.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall publish a
notice, for purposes of public review and comment, to
establish, distinct from crashworthiness information, a means
for providing to consumers information relating to advanced
crash-avoidance technologies, in accordance with subsection
(a).
``(2) Inclusions.--The notice under paragraph (1) shall
include--
``(A) an appropriate methodology for--
``(i) determining which advanced crash-
avoidance technologies shall be included in the
information;
``(ii) developing performance test criteria
for use by manufacturers in evaluating advanced
crash-avoidance technologies;
``(iii) determining a distinct rating
involving each advanced crash-avoidance
technology to be included; and
``(iv) updating overall vehicle ratings to
incorporate advanced crash-avoidance technology
ratings; and
``(B) such other information and analyses as the
Secretary determines to be necessary to implement the
rating of advanced crash-avoidance technologies.
``(3) Report.--Not later than 18 months after the date of
enactment of this subsection, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report that describes a plan for implementing
an advanced crash-avoidance technology information and rating
system, in accordance with subsection (a).
``(f) Vulnerable Road User Safety.--
``(1) Notice.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall publish a
notice, for purposes of public review and comment, to establish
a means for providing to consumers information relating to
pedestrian, bicyclist, or other vulnerable road user safety
technologies, in accordance with subsection (a).
``(2) Inclusions.--The notice under paragraph (1) shall
include--
``(A) an appropriate methodology for--
``(i) determining which technologies shall
be included in the information;
``(ii) developing performance test criteria
for use by manufacturers in evaluating the
extent to which automated pedestrian safety
systems in light vehicles attempt to prevent
and mitigate, to the best extent possible,
pedestrian injury;
``(iii) determining a distinct rating
involving each technology to be included; and
``(iv) updating overall vehicle ratings to
incorporate vulnerable road user safety
technology ratings; and
``(B) such other information and analyses as the
Secretary determines to be necessary to implement the
rating of vulnerable road user safety technologies.
``(3) Report.--Not later than 18 months after the date of
enactment of this subsection, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report that describes a plan for implementing
an information and rating system for vulnerable road user
safety technologies, in accordance with subsection (a).''.
(c) Roadmap.--
(1) In general.--Chapter 323 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 32310. New Car Assessment Program roadmap
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, and not less frequently than once every 4
years thereafter, the Secretary of Transportation (referred to in this
section as the `Secretary') shall establish a roadmap for the
implementation of the New Car Assessment Program of the National
Highway Traffic Safety Administration.
``(b) Requirements.--A roadmap under subsection (a) shall--
``(1) cover a term of 10 years, consisting of--
``(A) a mid-term component covering the initial 5
years of the term; and
``(B) a long-term component covering the final 5
years of the term; and
``(2) be in accordance with--
``(A) section 306 of title 5;
``(B) section 1115 of title 31;
``(C) section 24401 of the FAST Act (49 U.S.C. 105
note; Public Law 114-94); and
``(D) any other relevant plans of the National
Highway Traffic Safety Administration.
``(c) Contents.--A roadmap under subsection (a) shall include--
``(1) a plan for any changes to the New Car Assessment
Program of the National Highway Traffic Safety Administration,
including--
``(A) descriptions of actions to be carried out to
update the passenger motor vehicle information
developed under section 32302(a), including the
development of test procedures, test devices, test
fixtures, and safety performance metrics, which shall,
as applicable, incorporate--
``(i) objective criteria for evaluating
safety technologies; and
``(ii) reasonable time periods for
compliance with new or updated tests;
``(B) key milestones, including the anticipated
start of an action, completion of an action, and
effective date of an update; and
``(C) descriptions of the means by which an update
will improve the passenger motor vehicle information
developed under section 32302(a);
``(2) an identification and prioritization of safety
opportunities and technologies--
``(A) with respect to the mid-term component of the
roadmap under subsection (b)(1)(A)--
``(i) that are practicable; and
``(ii) for which objective rating tests,
evaluation criteria, and other consumer data
exist for a market-based, consumer information
approach; and
``(B) with respect to the long-term component of
the roadmap under subsection (b)(1)(B), exist or are in
development;
``(3) an identification of--
``(A) any safety opportunity or technology that--
``(i) is identified through the activities
carried out pursuant to subsection (d) or (e);
and
``(ii) is not included in the roadmap under
paragraph (2);
``(B) the reasons why such a safety opportunity or
technology is not included in the roadmap; and
``(C) any developments or information that would be
necessary for the Secretary to consider including such
a safety opportunity or technology in a future roadmap;
and
``(4) consideration of the benefits of consistency with
other rating systems used--
``(A) within the United States; and
``(B) internationally.
``(d) Considerations.--Before finalizing a roadmap under this
section, the Secretary shall--
``(1) make the roadmap available for public comment;
``(2) review any public comments received under paragraph
(1); and
``(3) incorporate in the roadmap under this section those
comments, as the Secretary determines to be appropriate.
``(e) Stakeholder Engagement.--Not less frequently than annually,
the Secretary shall engage stakeholders that represent a diversity of
technical backgrounds and viewpoints--
``(1) to identify--
``(A) safety opportunities or technologies in
development that could be included in future roadmaps;
and
``(B) opportunities to benefit from collaboration
or harmonization with third-party safety rating
programs;
``(2) to assist with long-term planning;
``(3) to provide an interim update of the status and
development of the following roadmap to be established under
subsection (a); and
``(4) to collect feedback or other information that the
Secretary determines to be relevant to enhancing the New Car
Assessment Program of the National Highway Traffic Safety
Administration.''.
(2) Clerical amendment.--The analysis for chapter 323 of
title 49, United States Code, is amended by adding at the end
the following:
``32310. New Car Assessment Program roadmap.''.
SEC. 4214. HOOD AND BUMPER STANDARDS.
(a) Notice.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall issue a notice, for purposes of public
review and comment, regarding potential updates to hood and bumper
standards for motor vehicles (as defined in section 30102(a) of title
49, United States Code).
(b) Inclusions.--The notice under subsection (a) shall include
information relating to--
(1) the incorporation or consideration of advanced crash-
avoidance technology in existing motor vehicle standards;
(2) the incorporation or consideration of standards or
technologies to reduce the number of injuries and fatalities
suffered by pedestrians, bicyclists, or other vulnerable road
users;
(3) the development of performance test criteria for use by
manufacturers in evaluating advanced crash-avoidance
technology, including technology relating to vulnerable road
user safety;
(4) potential harmonization with global standards,
including United Nations Economic Commission for Europe
Regulation Number 42; and
(5) such other information and analyses as the Secretary
determines to be necessary.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that describes--
(1) the current status of hood and bumper standards;
(2) relevant advanced crash-avoidance technology;
(3) actions needed to be carried out to develop performance
test criteria; and
(4) if applicable, a plan for incorporating advanced crash-
avoidance technology, including technology relating to
vulnerable road user safety, in existing standards.
SEC. 4215. EMERGENCY MEDICAL SERVICES AND 9-1-1.
Section 158(a) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942(a)) is amended by
striking paragraph (4).
SEC. 4216. EARLY WARNING REPORTING.
(a) In General.--Section 30166(m)(3) of title 49, United States
Code, is amended by adding at the end the following:
``(D) Settlements.--Notwithstanding any order
entered in a civil action restricting the disclosure of
information, a manufacturer of a motor vehicle or motor
vehicle equipment shall comply with the requirements of
this subsection and any regulations promulgated
pursuant to this subsection.''.
(b) Study and Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the National Highway
Traffic Safety Administration shall--
(1) conduct a study--
(A) to evaluate the early warning reporting data
submitted under section 30166(m) of title 49, United
States Code (including regulations); and
(B) to identify improvements, if any, that would
enhance the use by the National Highway Traffic
Administration of early warning reporting data to
enhance safety; and
(2) submit to the Committee on the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
describing the results of the study under paragraph (1),
including any recommendations for regulatory or legislative
action.
SEC. 4217. IMPROVED VEHICLE SAFETY DATABASES.
Not later than 3 years after the date of enactment of this Act,
after consultation with frequent users of publicly available databases,
the Secretary shall improve public accessibility to information
relating to the publicly accessible vehicle safety databases of the
National Highway Traffic Safety Administration by revising the publicly
accessible vehicle safety databases--
(1) to improve organization and functionality, including
design features such as drop-down menus;
(2) to allow data from applicable publicly accessible
vehicle safety databases to be searched, sorted, aggregated,
and downloaded in a manner that--
(A) is consistent with the public interest; and
(B) facilitates easy use by consumers;
(3) to provide greater consistency in presentation of
vehicle safety issues;
(4) to improve searchability regarding specific vehicles
and issues, which may include the standardization of commonly
used search terms; and
(5) to ensure nonconfidential documents and materials
relating to information created or obtained by the National
Highway Traffic Safety Administration are made publicly
available in a manner that is--
(A) timely; and
(B) searchable in databases by any element that the
Secretary determines to be in the public interest.
SEC. 4218. NATIONAL DRIVER REGISTER ADVISORY COMMITTEE REPEAL.
(a) In General.--Section 30306 of title 49, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for chapter 303 of title 49,
United States Code, is amended by striking the item relating to section
30306.
SEC. 4219. RESEARCH ON CONNECTED VEHICLE TECHNOLOGY.
The Administrator of the National Highway Traffic Safety
Administration, in collaboration with the head of the Intelligent
Transportation Systems Joint Program Office and the Administrator of
the Federal Highway Administration, shall--
(1) not later than 180 days after the date of enactment of
this Act, expand vehicle-to-pedestrian research efforts focused
on incorporating bicyclists and other vulnerable road users
into the safe deployment of connected vehicle systems; and
(2) not later than 2 years after the date of enactment of
this Act, submit to Congress and make publicly available a
report describing the findings of the research efforts
described in paragraph (1), including an analysis of the extent
to which applications supporting vulnerable road users can be
accommodated within existing spectrum allocations for connected
vehicle systems.
SEC. 4220. ADVANCED IMPAIRED DRIVING TECHNOLOGY.
(a) Findings.--Congress finds that--
(1) alcohol-impaired driving fatalities represent
approximately \1/3\ of all highway fatalities in the United
States each year;
(2) in 2019, there were 10,142 alcohol-impaired driving
fatalities in the United States involving drivers with a blood
alcohol concentration level of .08 or higher, and 68 percent of
the crashes that resulted in those fatalities involved a driver
with a blood alcohol concentration level of .15 or higher;
(3) the estimated economic cost for alcohol-impaired
driving in 2010 was $44,000,000,000;
(4) according to the Insurance Institute for Highway
Safety, advanced drunk and impaired driving prevention
technology can prevent more than 9,400 alcohol-impaired driving
fatalities annually; and
(5) to ensure the prevention of alcohol-impaired driving
fatalities, advanced drunk and impaired driving prevention
technology must be standard equipment in all new passenger
motor vehicles.
(b) Definitions.--In this section:
(1) Advanced drunk and impaired driving prevention
technology.--The term ``advanced drunk and impaired driving
prevention technology'' means a system that--
(A) can--
(i) passively monitor the performance of a
driver of a motor vehicle to accurately
identify whether that driver may be impaired;
and
(ii) prevent or limit motor vehicle
operation if an impairment is detected;
(B) can--
(i) passively and accurately detect whether
the blood alcohol concentration of a driver of
a motor vehicle is equal to or greater than the
blood alcohol concentration described in
section 163(a) of title 23, United States Code;
and
(ii) prevent or limit motor vehicle
operation if a blood alcohol concentration
above the legal limit is detected; or
(C) is a combination of systems described in
subparagraphs (A) and (B).
(2) New.--The term ``new'', with respect to a passenger
motor vehicle, means that the passenger motor vehicle--
(A) is a new vehicle (as defined in section 37.3 of
title 49, Code of Federal Regulations (or a successor
regulation)); and
(B) has not been purchased for purposes other than
resale.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given the term in section 32101 of
title 49, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation, acting through the Administrator of the
National Highway Traffic Safety Administration.
(c) Advanced Drunk and Impaired Driving Prevention Technology
Safety Standard.--Subject to subsection (e) and not later than 3 years
after the date of enactment of this Act, the Secretary shall issue a
final rule prescribing a Federal motor vehicle safety standard under
section 30111 of title 49, United States Code, that requires passenger
motor vehicles manufactured after the effective date of that standard
to be equipped with advanced drunk and impaired driving prevention
technology.
(d) Requirement.--To allow sufficient time for manufacturer
compliance, the compliance date of the rule issued under subsection (c)
shall be not earlier than 2 years and not more than 3 years after the
date on which that rule is issued.
(e) Timing.--If the Secretary determines that the Federal motor
vehicle safety standard required under subsection (c) cannot meet the
requirements and considerations described in subsections (a) and (b) of
section 30111 of title 49, United States Code, by the applicable date,
the Secretary--
(1) may extend the time period to such date as the
Secretary determines to be necessary, but not later than the
date that is 3 years after the date described in subsection
(c);
(2) shall, not later than the date described in subsection
(c) and not less frequently than annually thereafter until the
date on which the rule under that subsection is issued, submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report describing, as of the date of
submission of the report--
(A) the reasons for not prescribing a Federal motor
vehicle safety standard under section 30111 of title
49, United States Code, that requires advanced drunk
and impaired driving prevention technology in all new
passenger motor vehicles;
(B) the deployment of advanced drunk and impaired
driving prevention technology in vehicles;
(C) any information relating to the ability of
vehicle manufacturers to include advanced drunk and
impaired driving prevention technology in new passenger
motor vehicles; and
(D) an anticipated timeline for prescribing the
Federal motor vehicle safety standard described in
subsection (c); and
(3) if the Federal motor vehicle safety standard required
by subsection (c) has not been finalized by the date that is 10
years after the date of enactment of this Act, shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representative a report describing--
(A) the reasons why the Federal motor vehicle
safety standard has not been finalized;
(B) the barriers to finalizing the Federal motor
vehicle safety standard; and
(C) recommendations to Congress to facilitate the
Federal motor vehicle safety standard.
SEC. 4221. GAO REPORT ON CRASH DUMMIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that--
(1) examines--
(A) the processes used by the National Highway
Traffic Safety Administration (referred to in this
section as the ``Administration'') for studying and
deploying crash test dummies;
(B)(i) the types of crash test dummies used by the
Administration as of the date of enactment of this Act;
(ii) the seating positions in which those crash
test dummies are tested; and
(iii) whether the seating position affects
disparities in motor vehicle safety outcomes based on
demographic characteristics, including sex, and, if so,
how the seating position affects those disparities;
(C) the biofidelic crash test dummies that are
available in the global and domestic marketplace that
reflect the physical and demographic characteristics of
the driving public in the United States, including--
(i) females;
(ii) the elderly;
(iii) young adults;
(iv) children; and
(v) individuals of differing body weights;
(D) how the Administration determines whether to
study and deploy new biofidelic crash test dummies,
including the biofidelic crash test dummies examined
under subparagraph (C), and the timelines by which the
Administration conducts the work of making those
determinations and studying and deploying new
biofidelic crash test dummies;
(E) challenges the Administration faces in studying
and deploying new crash test dummies; and
(F) how the practices of the Administration with
respect to crash test dummies compare to other programs
that test vehicles and report results to the public,
including the European New Car Assessment Programme;
(2) evaluates potential improvements to the processes
described in paragraph (1) that could reduce disparities in
motor vehicle safety outcomes based on demographic
characteristics, including sex;
(3) analyzes the potential use of computer simulation
techniques, as a supplement to physical crash tests, to conduct
virtual simulations of vehicle crash tests in order to evaluate
predicted motor vehicle safety outcomes based on the different
physical and demographic characteristics of motor vehicle
occupants; and
(4) includes, as applicable, any assessments or
recommendations relating to crash test dummies that are
relevant to reducing disparities in motor vehicle safety
outcomes based on demographic characteristics, including sex.
(b) Interim Report From the Administration.--Not later than 90 days
after the date of enactment of this Act, the Administrator of the
Administration shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that--
(1) identifies--
(A) the types of crash test dummies used by the
Administration as of the date of enactment of this Act
with respect to--
(i) the New Car Assessment Program of the
Administration; and
(ii) testing relating to Federal Motor
Vehicle Safety Standards;
(B) how each type of crash test dummy identified
under subparagraph (A) is tested with respect to
seating position; and
(C) any crash test dummies that the Administration
is actively evaluating for future use--
(i) in the New Car Assessment Program of
the Administration; or
(ii) for testing relating to Federal Motor
Vehicle Safety Standards;
(2) explains--
(A) the plans of the Administration, including the
expected timelines, for putting any crash test dummies
identified under paragraph (1)(C) to use as described
in that paragraph;
(B) any challenges to putting those crash test
dummies to use; and
(C) the potential use of computer simulation
techniques, as a supplement to physical crash tests, to
conduct virtual simulations of vehicle crash tests in
order to evaluate predicted motor vehicle safety
outcomes based on the different physical and
demographic characteristics of motor vehicle occupants;
and
(3) provides policy recommendations for reducing
disparities in motor vehicle safety testing and outcomes based
on demographic characteristics, including sex.
SEC. 4222. CHILD SAFETY.
(a) Amendment.--
(1) In general.--Chapter 323 of title 49, United States
Code, is amended by adding after section 32304A the following:
``Sec. 32304B. Child safety
``(a) Definitions.--In this section:
``(1) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given that term in section 32101.
``(2) Rear-designated seating position.--The term `rear-
designated seating position' means designated seating positions
that are rearward of the front seat.
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) Rulemaking.--Not later than 2 years after the date of the
enactment of this section, the Secretary shall issue a final rule
requiring all new passenger motor vehicles weighing less than 10,000
pounds gross vehicle weight to be equipped with a system to alert the
operator to check rear-designated seating positions after the vehicle
engine or motor is deactivated by the operator.
``(c) Means.--The alert required under subsection (b)--
``(1) shall include a distinct auditory and visual alert,
which may be combined with a haptic alert; and
``(2) shall be activated when the vehicle motor is
deactivated by the operator.
``(d) Phase-in.--The rule issued pursuant to subsection (b) shall
require full compliance with the rule beginning on September 1st of the
first calendar year that begins 2 years after the date on which the
final rule is issued.''.
(2) Clerical amendment.--The analysis for chapter 323 of
title 49, United States Code, is amended by inserting after the
item relating to section 32304A the following:
``32304B. Child safety.''.
(b) Awareness of Children in Motor Vehicles.--Section 402 of title
23, United States Code (as amended by section 4102(a)(9)), is amended
by adding at the end the following:
``(o) Unattended Passengers.--
``(1) In general.--Each State shall use a portion of the
amounts received by the State under this section to carry out a
program to educate the public regarding the risks of leaving a
child or unattended passenger in a vehicle after the vehicle
motor is deactivated by the operator.
``(2) Program placement.--Nothing in this subsection
requires a State to carry out a program described in paragraph
(1) through the State transportation or highway safety
office.''.
(c) Study and Report.--
(1) Study.--
(A) In general.--The Secretary shall conduct a
study on--
(i) the potential retrofitting of existing
passenger motor vehicles with 1 or more
technologies that may address the problem of
children left in rear-designated seating
positions of motor vehicles after deactivation
of the motor vehicles by an operator; and
(ii) the potential benefits and burdens,
logistical or economic, associated with
widespread use of those technologies.
(B) Elements.--In carrying out the study under
subparagraph (A), the Secretary shall--
(i) survey and evaluate a variety of
methods used by current and emerging
aftermarket technologies or products to reduce
the risk of children being left in rear-
designated seating positions after deactivation
of a motor vehicle; and
(ii) provide recommendations--
(I) for manufacturers of the
technologies and products described in
clause (i) to carry out a functional
safety performance evaluation to ensure
that the technologies and products
perform as designed by the manufacturer
under a variety of real-world
conditions; and
(II) for consumers on methods to
select an appropriate technology or
product described in clause (i) in
order to retrofit existing vehicles.
(2) Report by secretary.--Not later than 180 days after the
date on which the Secretary issues the final rule required by
section 32304B(b) of title 49, United States Code (as added by
subsection (a)(1)), the Secretary shall submit a report
describing the results of the study carried out under paragraph
(1) to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
TITLE V--RESEARCH AND INNOVATION
SEC. 5001. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM ADVISORY
COMMITTEE.
Section 515(h) of title 23, United States Code, is amended--
(1) in paragraph (1), by inserting ``(referred to in this
subsection as the `Advisory Committee')'' after ``an Advisory
Committee'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``20 members'' and inserting ``25 members'';
(B) in subparagraph (K), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (L)--
(i) by striking ``utilities,''; and
(ii) by striking the period at the end and
inserting a semicolon;
(D) by redesignating subparagraphs (E) through (L)
as subparagraphs (G), (I), (J), (K), (L), (M), (Q), and
(R), respectively;
(E) by inserting after subparagraph (D) the
following:
``(E) a representative of a national transit
association;
``(F) a representative of a national, State, or
local transportation agency or association;'';
(F) by inserting after subparagraph (G) (as so
redesignated) the following:
``(H) a private sector developer of intelligent
transportation system technologies, which may include
emerging vehicle technologies;'';
(G) by inserting after subparagraph (M) (as so
redesignated) the following:
``(N) a representative of a labor organization;
``(O) a representative of a mobility-providing
entity;
``(P) an expert in traffic management;''; and
(H) by adding at the end the following:
``(S) an expert in cybersecurity; and
``(T) an automobile manufacturer.'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``section
508'' and inserting ``section 6503 of title 49''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
inserting ``programs and'' before ``research'';
and
(ii) in clause (iii), by striking
``research and'' and inserting ``programs,
research, and'';
(4) by redesignating paragraphs (3) through (5) as
paragraphs (5) through (7); and
(5) by inserting after paragraph (2) the following:
``(3) Term.--
``(A) In general.--The term of a member of the
Advisory Committee shall be 3 years.
``(B) Renewal.--On expiration of the term of a
member of the Advisory Committee, the member--
``(i) may be reappointed; or
``(ii) if the member is not reappointed
under clause (i), may serve until a new member
is appointed.
``(4) Meetings.--The Advisory Committee--
``(A) shall convene not less frequently than twice
each year; and
``(B) may convene with the use of remote video
conference technology.''.
SEC. 5002. SMART COMMUNITY RESOURCE CENTER.
(a) Definitions.--In this section:
(1) Resource center.--The term ``resource center'' means
the Smart Community Resource Center established under
subsection (b).
(2) Smart community.--The term ``smart community'' means a
community that uses innovative technologies, data, analytics,
and other means to improve the community and address local
challenges.
(b) Establishment.--The Secretary shall work with the modal
administrations of the Department and with such other Federal agencies
and departments as the Secretary determines to be appropriate to make
available to the public on an Internet website a resource center, to be
known as the ``Smart Community Resource Center'', that includes a
compilation of resources or links to resources for States and local
communities to use in developing and implementing--
(1) intelligent transportation system programs; or
(2) smart community transportation programs.
(c) Inclusions.--The resource center shall include links to--
(1) existing programs and resources for intelligent
transportation system or smart community transportation
programs, including technical assistance, education, training,
funding, and examples of intelligent transportation systems or
smart community transportation programs implemented by States
and local communities, available from--
(A) the Department;
(B) other Federal agencies; and
(C) non-Federal sources;
(2) existing reports or databases with the results of
intelligent transportation system or smart community
transportation programs;
(3) any best practices developed or lessons learned from
intelligent transportation system or smart community
transportation programs; and
(4) such other resources as the Secretary determines to be
appropriate.
(d) Deadline.--The Secretary shall establish the resource center by
the date that is 1 year after the date of enactment of this Act.
(e) Updates.--The Secretary shall ensure that the resource center
is updated on a regular basis.
SEC. 5003. FEDERAL SUPPORT FOR LOCAL DECISIONMAKING.
(a) Local Outreach.--To determine the data analysis tools needed to
assist local communities in making infrastructure decisions, the
Director of the Bureau of Transportation Statistics shall perform
outreach to planning and infrastructure decision-making officials in
units of local government and other units of government, including a
geographically diverse group of individuals from--
(1) States;
(2) political subdivisions of States;
(3) cities;
(4) metropolitan planning organizations;
(5) regional transportation planning organizations; and
(6) federally recognized Indian Tribes.
(b) Work Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, based on the outreach performed under
subsection (a), the Director of the Bureau of Transportation
Statistics shall submit to the Secretary a work plan for
reviewing and updating existing data analysis tools and
developing any additional data analysis tools needed to assist
local communities with making infrastructure investment
decisions.
(2) Contents.--Based on the needs identified pursuant to
the outreach performed under subsection (a), the work plan
submitted under paragraph (1) shall include--
(A) a description of the data analysis tools
identified that would benefit infrastructure decision-
making by local governments and address the goals
described in subsection (c);
(B) a review of the datasets that local governments
need to effectively use the data analysis tools
described in subparagraph (A);
(C) an identification of existing or proposed data
analysis tools that use publicly available data;
(D) the estimated cost of obtaining each dataset
described in subparagraph (B);
(E) the estimated cost to develop the data analysis
tools described in subparagraph (A);
(F) a prioritization for the development of data
analysis tools described in subparagraph (A); and
(G) a determination as to whether it would be
appropriate for the Federal Government to develop the
data analysis tools described in subparagraph (A).
(c) Goals.--
(1) In general.--A data analysis tool created pursuant to
the work plan submitted under subsection (b)(1) shall be
developed to help inform local communities in making
infrastructure investments.
(2) Specific issues.--A data analysis tool created pursuant
to the work plan submitted under subsection (b)(1) shall be
intended to help units of local government and other units of
government address 1 or more of the following:
(A) Improving maintenance of existing assets.
(B) Rebuilding infrastructure to a state of good
repair.
(C) Creating economic development through
infrastructure development.
(D) Establishing freight plans and infrastructure
that connects the community to supply chains.
(E) Increasing options for communities that lack
access to affordable transportation to improve access
to jobs, affordable housing, schools, medical services,
foods and other essential community services.
(F) Reducing congestion.
(G) Improving community resilience to extreme
weather events.
(H) Any other subject, as the Director determines
to be necessary.
(d) Implementation.--Subject to the availability of appropriations,
the Secretary shall develop data analysis tools and purchase datasets
as prioritized in the work plan.
(e) Coordination.--The Director of the Bureau of Transportation
Statistics may utilize existing working groups or advisory committees
to perform the local outreach required under subsection (a).
SEC. 5004. BUREAU OF TRANSPORTATION STATISTICS.
(a) Funding.--In addition to amounts made available from the
Highway Trust Fund, there is authorized to be appropriated to the
Secretary for use by the Bureau of Transportation Statistics for data
collection and analysis activities $10,000,000 for each of fiscal years
2022 through 2026.
(b) Amendment.--Section 6302(b)(3)(B)(vi) of title 49, United
States Code, is amended--
(1) by striking subclause (V);
(2) by redesignating subclauses (VI) through (XI) as
subclauses (VII) through (XII), respectively; and
(3) by adding after subclause (IV) the following:
``(V) employment in the
transportation sector;
``(VI) the effects of the
transportation system, including
advanced technologies and automation,
on global and domestic economic
competitiveness;''.
SEC. 5005. STRENGTHENING MOBILITY AND REVOLUTIONIZING TRANSPORTATION
GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a political subdivision of a State;
(C) a Tribal government;
(D) a public transit agency or authority;
(E) a public toll authority;
(F) a metropolitan planning organization; and
(G) a group of 2 or more eligible entities
described in any of subparagraphs (A) through (F)
applying through a single lead applicant.
(2) Eligible project.--The term ``eligible project'' means
a project described in subsection (e).
(3) Large community.--The term ``large community'' means a
community with a population of not less than 400,000
individuals, as determined under the most recent annual
estimate of the Bureau of the Census.
(4) Midsized community.--The term ``midsized community''
means any community that is not a large community or a rural
community.
(5) Regional partnership.--The term ``regional
partnership'' means a partnership composed of 2 or more
eligible entities located in jurisdictions with a combined
population that is equal to or greater than the population of
any midsized community.
(6) Rural community.--The term ``rural community'' means a
community that is located in an area that is outside of an
urbanized area (as defined in section 5302 of title 49, United
States Code).
(7) SMART grant.--The term ``SMART grant'' means a grant
provided to an eligible entity under the Strengthening Mobility
and Revolutionizing Transportation Grant Program established
under subsection (b).
(b) Establishment of Program.--The Secretary shall establish a
program, to be known as the ``Strengthening Mobility and
Revolutionizing Transportation Grant Program'', under which the
Secretary shall provide grants to eligible entities to conduct
demonstration projects focused on advanced smart city or community
technologies and systems in a variety of communities to improve
transportation efficiency and safety.
(c) Distribution.--In determining the projects for which to provide
a SMART grant, the Secretary shall consider contributions to
geographical diversity among grant recipients, including the need for
balancing the needs of rural communities, midsized communities, and
large communities, consistent with the requirements of subparagraphs
(A) through (C) of subsection (g)(1).
(d) Applications.--
(1) In general.--An eligible entity may submit to the
Secretary an application for a SMART grant at such time, in
such manner, and containing such information as the Secretary
may require.
(2) Transparency.--The Secretary shall include, in any
notice of funding availability relating to SMART grants, a full
description of the method by which applications under paragraph
(1) will be evaluated.
(3) Selection criteria.--
(A) In general.--The Secretary shall evaluate
applications for SMART grants based on--
(i) the extent to which the eligible entity
or applicable beneficiary community--
(I) has a public transportation
system or other transit options capable
of integration with other systems to
improve mobility and efficiency;
(II) has a population density and
transportation needs conducive to
demonstrating proposed strategies;
(III) has continuity of committed
leadership and the functional capacity
to carry out the proposed project;
(IV) is committed to open data
sharing with the public; and
(V) is likely to successfully
implement the proposed eligible
project, including through technical
and financial commitments from the
public and private sectors; and
(ii) the extent to which a proposed
eligible project will use advanced data,
technology, and applications to provide
significant benefits to a local area, a State,
a region, or the United States, including the
extent to which the proposed eligible project
will--
(I) reduce congestion and delays
for commerce and the traveling public;
(II) improve the safety and
integration of transportation
facilities and systems for pedestrians,
bicyclists, and the broader traveling
public;
(III) improve access to jobs,
education, and essential services,
including health care;
(IV) connect or expand access for
underserved or disadvantaged
populations and reduce transportation
costs;
(V) contribute to medium- and long-
term economic competitiveness;
(VI) improve the reliability of
existing transportation facilities and
systems;
(VII) promote connectivity between
and among connected vehicles, roadway
infrastructure, pedestrians,
bicyclists, the public, and
transportation systems
(VIII) incentivize private sector
investments or partnerships, including
by working with mobile and fixed
telecommunication service providers, to
the extent practicable;
(IX) improve energy efficiency or
reduce pollution;
(X) increase the resiliency of the
transportation system; and
(XI) improve emergency response.
(B) Priority.--In providing SMART grants, the
Secretary shall give priority to applications for
eligible projects that would--
(i) demonstrate smart city or community
technologies in repeatable ways that can
rapidly be scaled;
(ii) encourage public and private sharing
of data and best practices;
(iii) encourage private-sector innovation
by promoting industry-driven technology
standards, open platforms, technology-neutral
requirements, and interoperability;
(iv) promote a skilled workforce that is
inclusive of minority or disadvantaged groups;
(v) allow for the measurement and
validation of the cost savings and performance
improvements associated with the installation
and use of smart city or community technologies
and practices;
(vi) encourage the adoption of smart city
or community technologies by communities;
(vii) promote industry practices regarding
cybersecurity; and
(viii) safeguard individual privacy.
(4) Technical assistance.--On request of an eligible entity
that submitted an application under paragraph (1) with respect
to a project that is not selected for a SMART grant, the
Secretary shall provide to the eligible entity technical
assistance and briefings relating to the project.
(e) Use of Grant Funds.--
(1) Eligible projects.--
(A) In general.--A SMART grant may be used to carry
out a project that demonstrates at least 1 of the
following:
(i) Coordinated automation.--The use of
automated transportation and autonomous
vehicles, while working to minimize the impact
on the accessibility of any other user group or
mode of travel.
(ii) Connected vehicles.--Vehicles that
send and receive information regarding vehicle
movements in the network and use vehicle-to-
vehicle and vehicle-to-everything
communications to provide advanced and reliable
connectivity.
(iii) Intelligent, sensor-based
infrastructure.--The deployment and use of a
collective intelligent infrastructure that
allows sensors to collect and report real-time
data to inform everyday transportation-related
operations and performance.
(iv) Systems integration.--The integration
of intelligent transportation systems with
other existing systems and other advanced
transportation technologies.
(v) Commerce delivery and logistics.--
Innovative data and technological solutions
supporting efficient goods movement, such as
connected vehicle probe data, road weather
data, or global positioning data to improve on-
time pickup and delivery, improved travel time
reliability, reduced fuel consumption and
emissions, and reduced labor and vehicle
maintenance costs.
(vi) Leveraging use of innovative aviation
technology.--Leveraging the use of innovative
aviation technologies, such as unmanned
aircraft systems, to support transportation
safety and efficiencies, including traffic
monitoring and infrastructure inspection.
(vii) Smart grid.--Development of a
programmable and efficient energy transmission
and distribution system to support the adoption
or expansion of energy capture, electric
vehicle deployment, or freight or commercial
fleet fuel efficiency.
(viii) Smart technology traffic signals.--
Improving the active management and functioning
of traffic signals, including through--
(I) the use of automated traffic
signal performance measures;
(II) implementing strategies,
activities, and projects that support
active management of traffic signal
operations, including through
optimization of corridor timing,
improved vehicle, pedestrian, and
bicycle detection at traffic signals,
or the use of connected vehicle
technologies;
(III) replacing outdated traffic
signals; or
(IV) for an eligible entity serving
a population of less than 500,000,
paying the costs of temporary staffing
hours dedicated to updating traffic
signal technology.
(2) Eligible project costs.--A SMART grant may be used
for--
(A) development phase activities, including--
(i) planning;
(ii) feasibility analyses;
(iii) revenue forecasting;
(iv) environmental review;
(v) permitting;
(vi) preliminary engineering and design
work;
(vii) systems development or information
technology work; and
(viii) acquisition of real property
(including land and improvements to land
relating to an eligible project); and
(B) construction phase activities, including--
(i) construction;
(ii) reconstruction;
(iii) rehabilitation;
(iv) replacement;
(v) environmental mitigation;
(vi) construction contingencies; and
(vii) acquisition of equipment, including
vehicles.
(3) Prohibited uses.--A SMART grant shall not be used--
(A) to reimburse any preaward costs or application
preparation costs of the SMART grant application;
(B) for any traffic or parking enforcement
activity; or
(C) to purchase or lease a license plate reader.
(f) Reports.--
(1) Eligible entities.--Not later than 2 years after the
date on which an eligible entity receives a SMART grant, and
annually thereafter until the date on which the SMART grant is
expended, the eligible entity shall submit to the Secretary an
implementation report that describes--
(A) the deployment and operational costs of each
eligible project carried out by the eligible entity, as
compared to the benefits and savings from the eligible
project; and
(B) the means by which each eligible project
carried out by the eligible entity has met the original
expectation, as projected in the SMART grant
application, including--
(i) data describing the means by which the
eligible project met the specific goals for the
project, such as--
(I) reducing traffic-related
fatalities and injuries;
(II) reducing traffic congestion or
improving travel-time reliability;
(III) providing the public with
access to real-time integrated traffic,
transit, and multimodal transportation
information to make informed travel
decisions; or
(IV) reducing barriers or improving
access to jobs, education, or various
essential services;
(ii) the effectiveness of providing to the
public real-time integrated traffic, transit,
and multimodal transportation information to
make informed travel decisions; and
(iii) lessons learned and recommendations
for future deployment strategies to optimize
transportation efficiency and multimodal system
performance.
(2) GAO.--Not later than 4 years after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct, and submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Energy and Commerce of the House of Representatives, and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the results of, a review of
the SMART grant program under this section.
(3) Secretary.--
(A) Report to congress.--Not later than 2 years
after the date on which the initial SMART grants are
provided under this section, the Secretary shall submit
to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy
and Commerce of the House of Representatives, and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that--
(i) describes each eligible entity that
received a SMART grant;
(ii) identifies the amount of each SMART
grant provided;
(iii) summarizes the intended uses of each
SMART grant;
(iv) describes the effectiveness of
eligible entities in meeting the goals
described in the SMART grant application of the
eligible entity, including an assessment or
measurement of the realized improvements or
benefits resulting from each SMART grant; and
(v) describes lessons learned and
recommendations for future deployment
strategies to optimize transportation
efficiency and multimodal system performance.
(B) Best practices.--The Secretary shall--
(i) develop and regularly update best
practices based on, among other information,
the data, lessons learned, and feedback from
eligible entities that received SMART grants;
(ii) publish the best practices under
clause (i) on a publicly available website; and
(iii) update the best practices published
on the website under clause (ii) regularly.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary $100,000,000 for each of the first 5 fiscal years
beginning after the date of enactment of this Act, of which--
(A) not more than 40 percent shall be used to
provide SMART grants for eligible projects that
primarily benefit large communities;
(B) not more than 30 percent shall be provided for
eligible projects that primarily benefit midsized
communities; and
(C) not more than 30 percent shall be used to
provide SMART grants for eligible projects that
primarily benefit rural communities or regional
partnerships.
(2) Administrative costs.--Of the amounts made available
under paragraph (1) for each fiscal year, not more than 2
percent shall be used for administrative costs of the Secretary
in carrying out this section.
(3) Limitation.--An eligible entity may not use more than 3
percent of the amount of a SMART grant for each fiscal year to
achieve compliance with applicable planning and reporting
requirements.
(4) Availability.--The amounts made available for a fiscal
year pursuant to this subsection shall be available for
obligation during the 2-fiscal-year period beginning on the
first day of the fiscal year for which the amounts were
appropriated.
SEC. 5006. ELECTRIC VEHICLE WORKING GROUP.
(a) Definitions.--In this section:
(1) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary; and
(B) the Secretary of Energy.
(2) Working group.--The term ``working group'' means the
electric vehicle working group established under subsection
(b)(1).
(b) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall jointly establish
an electric vehicle working group to make recommendations
regarding the development, adoption, and integration of light-,
medium-, and heavy-duty electric vehicles into the
transportation and energy systems of the United States.
(2) Membership.--
(A) In general.--The working group shall be
composed of--
(i) the Secretaries (or designees), who
shall be cochairs of the working group; and
(ii) not more than 25 members, to be
appointed by the Secretaries, of whom--
(I) not more than 6 shall be
Federal stakeholders as described in
subparagraph (B); and
(II) not more than 19 shall be non-
Federal stakeholders as described in
subparagraph (C).
(B) Federal stakeholders.--The working group--
(i) shall include not fewer than 1
representative of each of--
(I) the Department;
(II) the Department of Energy;
(III) the Environmental Protection
Agency;
(IV) the Council on Environmental
Quality; and
(V) the General Services
Administration; and
(ii) may include a representative of any
other Federal agency the Secretaries consider
to be appropriate.
(C) Non-federal stakeholders.--
(i) In general.--Subject to clause (ii),
the working group--
(I) shall include not fewer than 1
representative of each of--
(aa) a manufacturer of
light-duty electric vehicles or
the relevant components of
light-duty electric vehicles;
(bb) a manufacturer of
medium- and heavy-duty vehicles
or the relevant components of
medium- and heavy-duty electric
vehicles;
(cc) a manufacturer of
electric vehicle batteries;
(dd) an owner, operator, or
manufacturer of electric
vehicle charging equipment;
(ee) the public utility
industry;
(ff) a public utility
regulator or association of
public utility regulators;
(gg) the transportation
fueling distribution industry;
(hh) the energy provider
industry;
(ii) the automotive dealing
industry;
(jj) the for-hire passenger
transportation industry;
(kk) an organization
representing units of local
government;
(ll) an organization
representing regional
transportation or planning
agencies;
(mm) an organization
representing State departments
of transportation;
(nn) an organization
representing State departments
of energy or State energy
planners;
(oo) the intelligent
transportation systems and
technologies industry;
(pp) labor organizations
representing workers in
transportation manufacturing,
construction, or operations;
(qq) the trucking industry;
(rr) Tribal governments;
and
(ss) the property
development industry; and
(II) may include a representative
of any other non-Federal stakeholder
that the Secretaries consider to be
appropriate.
(ii) Requirement.--The stakeholders
selected under clause (i) shall, in the
aggregate--
(I) consist of individuals with a
balance of backgrounds, experiences,
and viewpoints; and
(II) include individuals that
represent geographically diverse
regions of the United States, including
individuals representing the
perspectives of rural, urban, and
suburban areas.
(D) Compensation.--A member of the working group
shall serve without compensation.
(3) Meetings.--
(A) In general.--The working group shall meet not
less frequently than once every 120 days.
(B) Remote participation.--A member of the working
group may participate in a meeting of the working group
via teleconference or similar means.
(4) Coordination.--In carrying out the duties of the
working group, the working group shall coordinate and consult
with any existing Federal interagency working groups on fleet
conversion or other similar matters relating to electric
vehicles.
(c) Reports and Strategy on Electric Vehicle Adoption.--
(1) Working group reports.--The working group shall
complete by each of the deadlines described in paragraph (2) a
report describing the status of electric vehicle adoption
including--
(A) a description of the barriers and opportunities
to scaling up electric vehicle adoption throughout the
United States, including recommendations for issues
relating to--
(i) consumer behavior;
(ii) charging infrastructure needs,
including standardization and cybersecurity;
(iii) manufacturing and battery costs,
including the raw material shortages for
batteries and electric motor magnets;
(iv) the adoption of electric vehicles for
low- and moderate-income individuals and
underserved communities, including charging
infrastructure access and vehicle purchase
financing;
(v) business models for charging personal
electric vehicles outside the home, including
wired and wireless charging;
(vi) charging infrastructure permitting and
regulatory issues;
(vii) the connections between housing and
transportation costs and emissions;
(viii) freight transportation, including
local, port and drayage, regional, and long-
haul trucking;
(ix) intercity passenger travel;
(x) the process by which governments
collect a user fee for the contribution of
electric vehicles to funding roadway
improvements;
(xi) State- and local-level policies,
incentives, and zoning efforts;
(xii) the installation of highway corridor
signage;
(xiii) secondary markets and recycling for
batteries;
(xiv) grid capacity and integration;
(xv) energy storage; and
(xvi) specific regional or local issues
that may not appear to apply throughout the
United States, but may hamper nationwide
adoption or coordination of electric vehicles;
(B) examples of successful public and private
models and demonstration projects that encourage
electric vehicle adoption;
(C) an analysis of current efforts to overcome the
barriers described in subparagraph (A);
(D) an analysis of the estimated costs and benefits
of any recommendations of the working group; and
(E) any other topics, as determined by the working
group.
(2) Deadlines.--A report under paragraph (1) shall be
submitted to the Secretaries, the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate
and the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives--
(A) in the case of the first report, by not later
than 18 months after the date on which the working
group is established under subsection (b)(1);
(B) in the case of the second report, by not later
than 2 years after the date on which the first report
is required to be submitted under subparagraph (A); and
(C) in the case of the third report, by not later
than 2 years after the date on which the second report
is required to be submitted under subparagraph (B).
(3) Strategy.--
(A) In general.--Based on the reports submitted by
the working group under paragraph (1), the Secretaries
shall jointly develop, maintain, and update a strategy
that describes the means by which the Federal
Government, States, units of local government, and
industry can--
(i) establish quantitative targets for
transportation electrification;
(ii) overcome the barriers described in
paragraph (1)(A);
(iii) identify areas of opportunity in
research and development to improve battery
manufacturing, mineral mining, recycling costs,
material recovery, fire risks, and battery
performance for electric vehicles;
(iv) enhance Federal interagency
coordination to promote electric vehicle
adoption;
(v) prepare the workforce for the adoption
of electric vehicles, including through
collaboration with labor unions, educational
institutions, and relevant manufacturers;
(vi) expand electric vehicle and charging
infrastructure;
(vii) expand knowledge of the benefits of
electric vehicles among the general public;
(viii) maintain the global competitiveness
of the United States in the electric vehicle
and charging infrastructure markets;
(ix) provide clarity in regulations to
improve national uniformity with respect to
electric vehicles; and
(x) ensure the sustainable integration of
electric vehicles into the national electric
grid.
(B) Notice and comment.--In carrying out
subparagraph (A), the Secretaries shall provide public
notice and opportunity for comment on the strategy
described in that subparagraph.
(4) Information.--
(A) In general.--The Secretaries may enter into an
agreement with the Transportation Research Board of the
National Academies of Sciences, Engineering, and
Medicine to provide, track, or report data,
information, or research to assist the working group in
carrying out paragraph (1).
(B) Use of existing information.--In developing a
report under paragraph (1) or a strategy under
paragraph (3), the Secretaries and the working group
shall take into consideration existing Federal, State,
local, private sector, and academic data and
information relating to electric vehicles and, to the
maximum extent practicable, coordinate with the
entities that publish that information--
(i) to prevent duplication of efforts by
the Federal Government; and
(ii) to leverage existing information and
complementary efforts.
(d) Coordination.--To the maximum extent practicable, the
Secretaries and the working group shall carry out this section using
all available existing resources, websites, and databases of Federal
agencies, such as--
(1) the Alternative Fuels Data Center;
(2) the Energy Efficient Mobility Systems program; and
(3) the Clean Cities Coalition Network.
(e) Termination.--The working group shall terminate on submission
of the third report required under subsection (c)(2)(C).
SEC. 5007. RISK AND SYSTEM RESILIENCE.
(a) In General.--The Secretary, in consultation with appropriate
Federal, State, and local agencies, shall develop a process for
quantifying annual risk in order to increase system resilience with
respect to the surface transportation system of the United States by
measuring--
(1) resilience to threat probabilities by type of hazard
and geographical location;
(2) resilience to asset vulnerabilities with respect to
each applicable threat; and
(3) anticipated consequences from each applicable threat to
each asset.
(b) Use by State, Regional, Tribal, and Local Entities.--
(1) In general.--The Secretary shall provide the process
developed under subsection (a) to State departments of
transportation, metropolitan planning organizations, Indian
Tribes, local governments, and other relevant entities.
(2) Guidance and technical assistance.--The Secretary shall
provide to the entities described in paragraph (1) guidance and
technical assistance on the use of the process referred to in
that paragraph.
(c) Research.--
(1) In general.--The Secretary shall--
(A) identify and support fundamental research to
develop a framework and quantitative models to support
compilation of information for risk-based analysis of
transportation assets by standardizing the basis for
quantifying annual risk and increasing system
resilience; and
(B) build on existing resilience research,
including studies conducted by--
(i) the Transportation Research Board of
the National Academies of Sciences,
Engineering, and Medicine; and
(ii) the National Institute of Standards
and Technology.
(2) Use of existing facilities.--In carrying out paragraph
(1), the Secretary shall use existing research facilities
available to the Secretary, including the Turner-Fairbank
Highway Research Center and University Transportation Centers
established under section 5505 of title 49, United States Code.
SEC. 5008. COORDINATION ON EMERGING TRANSPORTATION TECHNOLOGY.
(a) In General.--Subchapter I of chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 313. Nontraditional and Emerging Transportation Technology
Council
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Secretary of Transportation (referred to
in this section as the `Secretary') shall establish a council, to be
known as the `Nontraditional and Emerging Transportation Technology
Council' (referred to in this section as the `Council'), to address
coordination on emerging technology issues across all modes of
transportation.
``(b) Membership.--
``(1) In general.--The Council shall be composed of--
``(A) the Secretary, who shall serve as an ex
officio member of the Council;
``(B) the Deputy Secretary of Transportation;
``(C) the Under Secretary of Transportation for
Policy;
``(D) the Assistant Secretary for Research and
Technology of the Department of Transportation;
``(E) the Assistant Secretary for Budget and
Programs of the Department of Transportation;
``(F) the General Counsel of the Department of
Transportation;
``(G) the Chief Information Officer of the
Department of Transportation;
``(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 Maritime
Administration;
``(N) the Administrator of the National Highway
Traffic Safety Administration;
``(O) the Administrator of the Pipeline and
Hazardous Materials Safety Administration; and
``(P) any other official of the Department of
Transportation, as determined by the Secretary.
``(2) Chair and vice chair.--
``(A) Chair.--The Deputy Secretary of
Transportation (or a designee) shall serve as Chair of
the Council.
``(B) Vice chair.--The Under Secretary of
Transportation for Policy (or a designee) shall serve
as Vice Chair of the Council.
``(c) Duties.--The Council shall--
``(1) identify and resolve jurisdictional and regulatory
gaps or inconsistencies associated with nontraditional and
emerging transportation technologies, modes, or projects
pending or brought before the Department of Transportation to
reduce, to the maximum extent practicable, impediments to the
prompt and safe deployment of new and innovative transportation
technology, including with respect to--
``(A) safety oversight;
``(B) environmental review; and
``(C) funding and financing issues;
``(2) coordinate the response of the Department of
Transportation to nontraditional and emerging transportation
technology projects;
``(3) engage with stakeholders in nontraditional and
emerging transportation technology projects; and
``(4) develop and establish Department of Transportation-
wide processes, solutions, and best practices for identifying
and managing nontraditional and emerging transportation
technology projects.
``(d) Best Practices.--Not later than 1 year after the date of
enactment of this section, the Council shall--
``(1) publish initial guidelines to achieve the purposes
described in subsection (c)(4); and
``(2) promote each modal administration within the
Department of Transportation to further test and support the
advancement of nontraditional and emerging transportation
technologies not specifically considered by the Council.
``(e) Support.--The Office of the Secretary shall provide support
for the Council.
``(f) Meetings.--The Council shall meet not less frequently than 4
times per year, at the call of the Chair.
``(g) Lead Modal Administration.--For each nontraditional or
emerging transportation technology, mode, or project associated with a
jurisdictional or regulatory gap or inconsistency identified under
subsection (c)(1), the Chair of the Council shall--
``(1) designate a lead modal administration of the
Department of Transportation for review of the technology,
mode, or project; and
``(2) arrange for the detailing of staff between modal
administrations or offices of the Department of Transportation
as needed to maximize the sharing of experience and expertise.
``(h) Transparency.--Not later than 1 year after the date of
establishment of the Council, and not less frequently than annually
thereafter until December 31, 2026, the Council shall post on a
publicly accessible website a report describing the activities of the
Council during the preceding calendar year.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter 3
of title 49, United States Code, is amended by adding at the end the
following:
``313. Nontraditional and Emerging Transportation Technology
Council.''.
SEC. 5009. INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER.
(a) In General.--Section 102 of title 49, United States Code, is
amended--
(1) in subsection (a), by inserting ``(referred to in this
section as the `Department')'' after ``Transportation'';
(2) in subsection (b), in the first sentence, by inserting
``(referred to in this section as the `Secretary')'' after
``Transportation'';
(3) in subsection (f)(1), by striking ``of Transportation''
each place it appears;
(4) by redesignating subsection (h) as subsection (i); and
(5) by inserting after subsection (g) the following:
``(h) Interagency Infrastructure Permitting Improvement Center.--
``(1) Definitions.--In this subsection:
``(A) Center.--The term `Center' means the
Interagency Infrastructure Permitting Improvement
Center established by paragraph (2).
``(B) Project.--The term `project' means a project
authorized or funded under--
``(i) this title; or
``(ii) title 14, 23, 46, or 51.
``(2) Establishment.--There is established within the
Office of the Secretary a center, to be known as the
`Interagency Infrastructure Permitting Improvement Center'.
``(3) Purposes.--The purposes of the Center shall be--
``(A) to implement reforms to improve interagency
coordination and expedite projects relating to the
permitting and environmental review of major
transportation infrastructure projects, including--
``(i) developing and deploying information
technology tools to track project schedules and
metrics; and
``(ii) improving the transparency and
accountability of the permitting process;
``(B)(i) to identify appropriate methods to assess
environmental impacts; and
``(ii) to develop innovative methods for
reasonable mitigation;
``(C) to reduce uncertainty and delays with respect
to environmental reviews and permitting; and
``(D) to reduce costs and risks to taxpayers in
project delivery.
``(4) Executive director.--The Center shall be headed by an
Executive Director, who shall--
``(A) report to the Under Secretary of
Transportation for Policy;
``(B) be responsible for the management and
oversight of the daily activities, decisions,
operations, and personnel of the Center; and
``(C) carry out such additional duties as the
Secretary may prescribe.
``(5) Duties.--The Center shall carry out the following
duties:
``(A) Coordinate and support implementation of
priority reform actions for Federal agency permitting
and reviews.
``(B) Support modernization efforts at the
operating administrations within the Department and
interagency pilot programs relating to innovative
approaches to the permitting and review of
transportation infrastructure projects.
``(C) Provide technical assistance and training to
Department staff on policy changes, innovative
approaches to project delivery, and other topics, as
appropriate.
``(D) Identify, develop, and track metrics for
timeliness of permit reviews, permit decisions, and
project outcomes.
``(E) Administer and expand the use of online
transparency tools providing for--
``(i) tracking and reporting of metrics;
``(ii) development and posting of schedules
for permit reviews and permit decisions;
``(iii) the sharing of best practices
relating to efficient project permitting and
reviews; and
``(iv) the visual display of relevant
geospatial data to support the permitting
process.
``(F) Submit to the Secretary reports describing
progress made toward achieving--
``(i) greater efficiency in permitting
decisions and review of infrastructure
projects; and
``(ii) better outcomes for communities and
the environment.
``(6) Innovative best practices.--
``(A) In general.--The Center shall work with the
operating administrations within the Department,
eligible entities, and other public and private
interests to develop and promote best practices for
innovative project delivery.
``(B) Activities.--The Center shall support the
Department and operating administrations in conducting
environmental reviews and permitting, together with
project sponsor technical assistance activities, by--
``(i) carrying out activities that are
appropriate and consistent with the goals and
policies of the Department to improve the
delivery timelines for projects;
``(ii) serving as the Department liaison
to--
``(I) the Council on Environmental
Quality; and
``(II) the Federal Permitting
Improvement Steering Council
established by section 41002(a) of the
Fixing America's Surface Transportation
Act (42 U.S.C. 4370m-1(a));
``(iii) supporting the National Surface
Transportation and Innovative Finance Bureau
(referred to in this paragraph as the `Bureau')
in implementing activities to improve delivery
timelines, as described in section 116(f), for
projects carried out under the programs
described in section 116(d)(1) for which the
Bureau administers the application process;
``(iv) leading activities to improve
delivery timelines for projects carried out
under programs not administered by the Bureau
by--
``(I) coordinating efforts to
improve the efficiency and
effectiveness of the environmental
review and permitting process;
``(II) providing technical
assistance and training to field and
headquarters staff of Federal agencies
with respect to policy changes and
innovative approaches to the delivery
of projects; and
``(III) identifying, developing,
and tracking metrics for permit reviews
and decisions by Federal agencies for
projects under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(C) NEPA compliance assistance.--
``(i) In general.--Subject to clause (ii),
at the request of an entity that is carrying
out a project, the Center, in coordination with
the appropriate operating administrations
within the Department, shall provide technical
assistance relating to compliance with the
applicable requirements of the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and applicable Federal
authorizations.
``(ii) Assistance from the bureau.--For
projects carried out under the programs
described in section 116(d)(1) for which the
Bureau administers the application process, the
Bureau, on request of the entity carrying out
the project, shall provide the technical
assistance described in clause (i).''.
(b) Conforming Amendment.--Section 116(f)(2) of title 49, United
States Code, is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (D) and
subparagraphs (A) through (C), respectively.
SEC. 5010. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC
SUCCESS INITIATIVE.
(a) Definitions.--In this section:
(1) Build america bureau.--The term ``Build America
Bureau'' means the National Surface Transportation and
Innovative Finance Bureau established under section 116 of
title 49, United States Code.
(2) ROUTES council.--The term ``ROUTES Council'' means the
Rural Opportunities to Use Transportation for Economic Success
Council established by subsection (c)(1).
(3) ROUTES office.--The term ``ROUTES Office'' means the
Rural Opportunities to Use Transportation for Economic Success
Office established by subsection (b)(1).
(b) Routes Office.--
(1) In general.--The Secretary shall establish within the
Department the Rural Opportunities to Use Transportation for
Economic Success Office--
(A) to improve analysis of projects from rural
areas, federally recognized Indian Tribes, and
historically disadvantaged communities in rural or
Tribal areas applying for Department discretionary
grants, including ensuring that project costs, local
resources, and the larger benefits to the people and
the economy of the United States are appropriately
considered; and
(B) to provide rural communities, federally
recognized Indian Tribes, and historically
disadvantaged communities in rural or Tribal areas with
technical assistance for meeting the transportation
infrastructure investment needs of the United States in
a financially sustainable manner.
(2) Objectives.--The ROUTES Office shall--
(A) collect input from knowledgeable entities and
the public on--
(i) the benefits of rural and Tribal
transportation projects;
(ii) the technical and financial assistance
required for constructing and operating rural
and Tribal transportation infrastructure and
services;
(iii) barriers and opportunities to funding
rural and Tribal transportation projects; and
(iv) unique transportation barriers and
challenges facing historically disadvantaged
communities in rural and Tribal areas;
(B) evaluate data on rural and Tribal
transportation challenges and determining methods to
align the discretionary funding and financing
opportunities of the Department with the needs of those
communities for meeting national transportation goals;
and
(C) educate rural communities and Tribal
communities about applicable Department discretionary
grants, develop effective methods to evaluate projects
in those communities in discretionary grant programs,
and communicate those methods through program guidance.
(c) Routes Council.--
(1) In general.--The Secretary shall establish a Rural
Opportunities to Use Transportation for Economic Success
Council--
(A) to organize, guide, and lead the ROUTES Office;
and
(B) to coordinate rural-related and Tribal-related
funding programs and assistance among the modal
administrations.
(2) Membership.--
(A) In general.--The ROUTES Council shall be
composed of the following officers of the Department,
or their designees:
(i) The Under Secretary of Transportation
for Policy.
(ii) The General Counsel.
(iii) The Chief Financial Officer and
Assistant Secretary for Budget and Programs.
(iv) The Assistant Secretary for Research
and Technology.
(v) The Assistant Secretary for Multimodal
Freight.
(vi) The Administrators of--
(I) the Federal Aviation
Administration;
(II) the Federal Highway
Administration;
(III) the Federal Railroad
Administration; and
(IV) the Federal Transit
Administration.
(vii) The Executive Director of the Build
America Bureau.
(viii) The Assistant Secretary of
Government Affairs.
(B) Chair.--The Under Secretary of Transportation
for Policy shall be the Chair of the ROUTES Council.
(C) Additional members.--The Secretary or the Chair
of the ROUTES Council may designate additional members
to serve on the ROUTES Council.
(3) Additional modal input.--To address issues related to
safety and transport of rural and Tribal commodities, the
ROUTES Council shall consult with the Administrators (or their
designees) of--
(A) the Maritime Administration;
(B) the Great Lakes St. Lawrence Seaway Development
Corporation; and
(C) the National Highway Traffic Safety
Administration.
(4) Duties.--Members of the ROUTES Council shall--
(A) participate in all meetings and relevant ROUTES
Council activities and be prepared to share information
relevant to rural and Tribal transportation
infrastructure projects and issues;
(B) provide guidance and leadership on rural and
Tribal transportation infrastructure issues and
represent the work of the ROUTES Council and the
Department on those issues to external stakeholders;
and
(C) recommend initiatives for the consideration of
the Chair of the ROUTES Council to establish and staff
any resulting activities or working groups.
(5) Meetings.--The ROUTES Council shall meet bimonthly.
(6) Work products and deliverables.--The ROUTES Council may
develop work products or deliverables to meet the goals of the
ROUTES Council, including--
(A) an annual report to Congress describing ROUTES
Council activities for the past year and expected
activities for the coming year;
(B) any recommendations to enhance the
effectiveness of Department discretionary grant
programs regarding rural and Tribal infrastructure
issues; and
(C) other guides and reports for relevant groups
and the public.
SEC. 5011. ADVANCED TRANSPORTATION TECHNOLOGIES DEPLOYMENT PROGRAM.
Section 503 of title 23, United States Code, is amended--
(1) in subsection (a)(2), by striking ``under section 508''
and inserting ``under section 6503 of title 49''; and
(2) in subsection (c)(4)--
(A) in subparagraph (A), by striking ``and
congestion management'';
(B) in subparagraph (B)--
(i) by redesignating clauses (i) through
(viii) as clauses (vii) through (xiv),
respectively;
(ii) by inserting before clause (vii) (as
so redesignated) the following:
``(i) improve the mobility of people and
goods;
``(ii) reduce congestion;
``(iii) promote safety;
``(iv) improve the durability and extend
the life of transportation infrastructure;
``(v) preserve the environment;
``(vi) preserve the existing transportation
system;''; and
(iii) in clause (xiv) (as so redesignated),
by inserting ``vehicle-to-pedestrian,'' after
``vehicle-to-infrastructure,'';
(C) in subparagraph (C)(ii)--
(i) in subclause (I), by striking ``and
congestion management'';
(ii) by striking subclause (II);
(iii) by redesignating subclauses (III)
through (V) as subclauses (II) through (IV),
respectively; and
(iv) in subclause (II) (as so
redesignated), by striking ``efficiency and
reduce traffic congestion'';
(D) in subparagraph (E)--
(i) in the matter preceding clause (i), by
striking ``and congestion management'';
(ii) in clause (viii), by striking ``or''
at the end; and
(iii) by adding at the end the following:
``(x) retrofitting dedicated short-range
communications (DSRC) technology deployed as
part of an existing pilot program to cellular
vehicle-to-everything (C-V2X) technology,
subject to the condition that the retrofitted
technology operates only within the existing
spectrum allocations for connected vehicle
systems; and
``(xi) advanced transportation
technologies, in accordance with the research
areas described in section 6503 of title 49.'';
(E) in subparagraph (I)(i), by striking ``2016
through 2020'' and inserting ``2022 through 2026'';
(F) by striking subparagraph (J) and inserting the
following:
``(J) Federal share.--
``(i) In general.--Except as provided in
clause (ii), the Federal share of the cost of a
project for which a grant is awarded under this
subsection shall not exceed 50 percent.
``(ii) Certain projects.--The Federal share
of the cost of a project for which a grant is
awarded under this subsection for activities
described in subparagraph (E)(x) shall not
exceed 80 percent.''; and
(G) in subparagraph (N)--
(i) in the matter preceding clause (i), by
striking ``, the following definitions apply'';
(ii) by striking clause (ii) and inserting
the following:
``(ii) Advanced transportation
technology.--The term `advanced transportation
technology' means any technology that improves
the efficiency, durability, sustainability,
safety, or state of good repair of a surface
transportation system.''; and
(iii) in clause (iii), in the matter
preceding subclause (I), by striking ``a any''
and inserting ``any''.
SEC. 5012. SAFETY DATA INITIATIVE.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a State;
(2) a unit of local government;
(3) a transit agency or authority;
(4) a metropolitan planning organization;
(5) any other subdivision of a State or local government;
(6) an institution of higher education; and
(7) a multi-State or multijurisdictional group.
(b) Safety Data Initiative.--
(1) Establishment.--The Secretary shall establish an
initiative, to be known as the ``Safety Data Initiative'', to
promote the use of data integration, data visualization, and
advanced analytics for surface transportation safety through
the development of innovative practices and products for use by
Federal, State, and local entities.
(2) Activities.--
(A) Applied research.--
(i) In general.--The Secretary shall
support and carry out applied research to
develop practices and products that will
encourage the integration and use of
traditional and new sources of safety data and
safety information to improve policy and
decisionmaking at the Federal, State, and local
government levels.
(ii) Methodology.--In carrying out clause
(i), the Secretary may--
(I) carry out demonstration
programs;
(II) award grants and provide
incentives to eligible entities;
(III) enter into partnerships
with--
(aa) eligible entities;
(bb) private sector
entities; and
(cc) National Laboratories;
and
(IV) use any other tools,
strategies, or methods that will result
in the effective use of data and
information for safety purposes.
(B) Tools and practices.--In carrying out
subparagraph (A), the Secretary, to the maximum extent
practicable, shall--
(i) develop safety analysis tools for State
and local governments, with a particular focus
on State and local governments with limited
capacity to perform safety analysis;
(ii)(I) identify innovative State and local
government practices;
(II) incubate those practices for further
development; and
(III) replicate those practices nationwide;
and
(iii) transfer to State and local
governments the results of the applied research
carried out under that subparagraph.
(C) Data sharing.--
(i) In general.--To inform the creation of
information useful for safety policy and
decisionmaking, the Secretary shall--
(I) encourage the sharing of data
between and among Federal, State, and
local transportation agencies; and
(II) leverage data from private
sector entities.
(ii) Goals.--The goals of the data-sharing
activities under clause (i) shall include--
(I) the creation of data ecosystems
to reduce barriers to the efficient
integration and analysis of relevant
datasets for use by safety
professionals; and
(II) the establishment of
procedures adequate to ensure
sufficient security, privacy, and
confidentiality as needed to promote
the sharing of sensitive or proprietary
data.
(iii) Management of data ecosystems.--A
data ecosystem described in clause (ii)(I) may
be managed by--
(I) the Director of the Bureau of
Transportation Statistics;
(II) 1 or more trusted third
parties, as determined by the
Secretary; or
(III) 1 or more other entities or
partnerships capable of securing,
managing, and analyzing sensitive or
proprietary data.
(3) Plan.--
(A) In general.--The Safety Data Initiative shall
be carried out pursuant to a plan to be jointly
established by--
(i) the Under Secretary of Transportation
for Policy;
(ii) the Chief Information Officer of the
Department;
(iii) the Administrator of the National
Highway Traffic Safety Administration;
(iv) the Administrator of the Federal
Highway Administration;
(v) the Administrator of the Federal Motor
Carrier Safety Administration;
(vi) the Administrator of the Federal
Transit Administration; and
(vii) the Administrator of the Federal
Railroad Administration.
(B) Requirement.--The plan established under
subparagraph (A) shall include details regarding the
means by which tools and innovations developed by
projects carried out under the Safety Data Initiative
will be transferred to the appropriate program of the
Department for further implementation.
(C) Deadline.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall direct
the officials described in clauses (i) through (vii) of
subparagraph (A) to establish, by a date determined by
the Secretary, the plan referred to in that
subparagraph.
(4) Termination.--The Safety Data Initiative shall
terminate on the later of--
(A) the date that is 1 year after the date of
enactment of this Act; and
(B) the date on which the Secretary makes the
direction to officials described in paragraph (3)(C).
SEC. 5013. ADVANCED TRANSPORTATION RESEARCH.
(a) In General.--Chapter 1 of title 49, United States Code (as
amended by section 1101(a)), is amended by adding at the end the
following:
``Sec. 119. Advanced Research Projects Agency-Infrastructure
``(a) Definitions.--In this section:
``(1) ARPA-I.-- The term `ARPA-I' means the Advanced
Research Projects Agency-Infrastructure established by
subsection (b).
``(2) Department.--The term `Department' means the
Department of Transportation.
``(3) Director.--The term `Director' means the Director of
ARPA-I appointed under subsection (d).
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a unit of State or local government;
``(B) an institution of higher education;
``(C) a commercial entity;
``(D) a research foundation;
``(E) a trade or industry research collaborative;
``(F) a federally funded research and development
center;
``(G) a research facility owned or funded by the
Department;
``(H) a collaborative that includes relevant
international entities; and
``(I) a consortia of 2 or more entities described
in any of subparagraphs (A) through (H).
``(5) Infrastructure.--
``(A) In general.--The term `infrastructure' means
any transportation method or facility that facilitates
the transit of goods or people within the United States
(including territories).
``(B) Inclusions.--The term `infrastructure'
includes--
``(i) roads;
``(ii) highways;
``(iii) bridges;
``(iv) airports;
``(v) rail lines;
``(vi) harbors; and
``(vii) pipelines.
``(6) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) Establishment.--There is established within the Department an
agency, to be known as the `Advanced Research Projects Agency-
Infrastructure', to support the development of science and technology
solutions--
``(1) to overcome long-term challenges; and
``(2) to advance the state of the art for United States
transportation infrastructure.
``(c) Goals.--
``(1) In general.--The goals of ARPA-I shall be--
``(A) to advance the transportation infrastructure
of the United States by developing innovative science
and technology solutions that--
``(i) lower the long-term costs of
infrastructure development, including costs of
planning, construction, and maintenance;
``(ii) reduce the lifecycle impacts of
transportation infrastructure on the
environment, including through the reduction of
greenhouse gas emissions;
``(iii) contribute significantly to
improving the safe, secure, and efficient
movement of goods and people; and
``(iv) promote the resilience of
infrastructure from physical and cyber threats;
and
``(B) to ensure that the United States is a global
leader in developing and deploying advanced
transportation infrastructure technologies and
materials.
``(2) Research projects.--ARPA-I shall achieve the goals
described in paragraph (1) by providing assistance under this
section for infrastructure research projects that--
``(A) advance novel, early-stage research with
practicable application to transportation
infrastructure;
``(B) translate techniques, processes, and
technologies, from the conceptual phase to prototype,
testing, or demonstration;
``(C) develop advanced manufacturing processes and
technologies for the domestic manufacturing of novel
transportation-related technologies; and
``(D) accelerate transformational technological
advances in areas in which industry entities are
unlikely to carry out projects due to technical and
financial uncertainty.
``(d) Director.--
``(1) Appointment.--ARPA-I shall be headed by a Director,
who shall be appointed by the President, by and with the advice
and consent of the Senate.
``(2) Qualifications.--The Director shall be an individual
who, by reason of professional background and experience, is
especially qualified to advise the Secretary regarding, and
manage research programs addressing, matters relating to the
development of science and technology solutions to advance
United States transportation infrastructure.
``(3) Relationship to secretary.--The Director shall--
``(A) be located within the Office of the Assistant
Secretary for Research and Technology; and
``(B) report to the Secretary.
``(4) Relationship to other programs.--No other program
within the Department shall report to the Director.
``(5) Responsibilities.--The responsibilities of the
Director shall include--
``(A) approving new programs within ARPA-I;
``(B) developing funding criteria, and assessing
the success of programs, to achieve the goals described
in subsection (c)(1) through the establishment of
technical milestones;
``(C) administering available funding by providing
to eligible entities assistance to achieve the goals
described in subsection (c)(1);
``(D) terminating programs carried out under this
section that are not achieving the goals of the
programs; and
``(E) establishing a process through which eligible
entities can submit to ARPA-I unsolicited research
proposals for assistance under this section in
accordance with subsection (f).
``(e) Personnel.--
``(1) In general.--The Director shall establish and
maintain within ARPA-I a staff with sufficient qualifications
and expertise to enable ARPA-I to carry out the
responsibilities under this section, in conjunction with other
operations of the Department.
``(2) Program directors.--
``(A) In general.--The Director shall designate
employees to serve as program directors for ARPA-I.
``(B) Responsibilities.--Each program director
shall be responsible for--
``(i) establishing research and development
goals for the applicable program, including by
convening workshops and conferring with outside
experts;
``(ii) publicizing the goals of the
applicable program;
``(iii) soliciting applications for
specific areas of particular promise,
especially in areas that the private sector or
the Federal Government are not likely to carry
out absent assistance from ARPA-I;
``(iv) establishing research collaborations
for carrying out the applicable program;
``(v) selecting on the basis of merit each
project to be supported under the applicable
program, taking into consideration--
``(I) the novelty and scientific
and technical merit of proposed
projects;
``(II) the demonstrated
capabilities of eligible entities to
successfully carry out proposed
projects;
``(III) the extent to which an
eligible entity took into consideration
future commercial applications of a
proposed project, including the
feasibility of partnering with 1 or
more commercial entities; and
``(IV) such other criteria as the
Director may establish;
``(vi) identifying innovative cost-sharing
arrangements for projects carried out or funded
by ARPA-I;
``(vii) monitoring the progress of projects
supported under the applicable program;
``(viii) identifying mechanisms for
commercial application of successful technology
development projects, including through
establishment of partnerships between eligible
entities and commercial entities; and
``(ix) as applicable, recommending--
``(I) program restructuring; or
``(II) termination of applicable
research partnerships or projects.
``(C) Term of service.--A program director--
``(i) shall serve for a term of 3 years;
and
``(ii) may be reappointed for any
subsequent term of service.
``(3) Hiring and management.--
``(A) In general.--The Director may--
``(i) make appointments of scientific,
engineering, and professional personnel,
without regard to the civil service laws;
``(ii) fix the basic pay of such personnel
at such rate as the Director may determine, but
not to exceed level II of the Executive
Schedule, without regard to the civil service
laws; and
``(iii) pay an employee appointed under
this subparagraph payments in addition to basic
pay, subject to the condition that the total
amount of those additional payments for any 12-
month period shall not exceed the least of--
``(I) $25,000;
``(II) an amount equal to 25
percent of the annual rate of basic pay
of the employee; and
``(III) the amount of the
applicable limitation for a calendar
year under section 5307(a)(1) of title
5.
``(B) Private recruiting firms.--The Director may
enter into a contract with a private recruiting firm
for the hiring of qualified technical staff to carry
out this section.
``(C) Additional staff.--The Director may use all
authorities available to the Secretary to hire
administrative, financial, and clerical staff, as the
Director determines to be necessary to carry out this
section.
``(f) Research Proposals.--
``(1) In general.--An eligible entity may submit to the
Director an unsolicited research proposal at such time, in such
manner, and containing such information as the Director may
require, including a description of--
``(A) the extent of current and prior efforts with
respect to the project proposed to be carried out using
the assistance, if applicable; and
``(B) any current or prior investments in the
technology area for which funding is requested,
including as described in subsection (c)(2)(D).
``(2) Review.--The Director--
``(A) shall review each unsolicited research
proposal submitted under paragraph (1), taking into
consideration--
``(i) the novelty and scientific and
technical merit of the research proposal;
``(ii) the demonstrated capabilities of the
applicant to successfully carry out the
research proposal;
``(iii) the extent to which the applicant
took into consideration future commercial
applications of the proposed research project,
including the feasibility of partnering with 1
or more commercial entities; and
``(iv) such other criteria as the Director
may establish;
``(B) may approve a research proposal if the
Director determines that the research--
``(i) is in accordance with--
``(I) the goals described in
subsection (c)(1); or
``(II) an applicable transportation
research and development strategic plan
developed under section 6503; and
``(ii) would not duplicate any other
Federal research being conducted or funded by
another Federal agency; and
``(C)(i) if funding is denied for the research
proposal, shall provide to the eligible entity that
submitted the proposal a written notice of the denial
that, as applicable--
``(I) explains why the research proposal
was not selected, including whether the
research proposal fails to cover an area of
need; and
``(II) recommends that the research
proposal be submitted to another research
program; or
``(ii) if the research proposal is approved for
funding, shall provide to the eligible entity that
submitted the proposal--
``(I) a written notice of the approval; and
``(II) assistance in accordance with
subsection (g) for the proposed research.
``(g) Forms of Assistance.--On approval of a research proposal of
an eligible entity, the Director may provide to the eligible entity
assistance in the form of--
``(1) a grant;
``(2) a contract;
``(3) a cooperative agreement;
``(4) a cash prize; or
``(5) another, similar form of funding.
``(h) Reports and Roadmaps.--
``(1) Annual reports.--For each fiscal year, the Director
shall provide to the Secretary, for inclusion in the budget
request submitted by the Secretary to the President under
section 1108 of title 31 for the fiscal year, a report that,
with respect to the preceding fiscal year, describes--
``(A) the projects that received assistance from
ARPA-I, including--
``(i) each such project that was funded as
a result of an unsolicited research proposal;
and
``(ii) each such project that examines
topics or technologies closely related to other
activities funded by the Department, including
an analysis of whether the Director achieved
compliance with subsection (i)(1) in supporting
the project; and
``(B) the instances of, and reasons for, the
provision of assistance under this section for any
projects being carried out by industry entities.
``(2) Strategic vision roadmap.--Not later than October 1,
2022, and not less frequently than once every 4 years
thereafter, the Director shall submit to the relevant
authorizing and appropriations committees of Congress a roadmap
describing the strategic vision that ARPA-I will use to guide
the selection of future projects for technology investment
during the 4 fiscal-year period beginning on the date of
submission of the report.
``(i) Coordination and Nonduplication.--The Director shall ensure
that--
``(1) the activities of ARPA-I are coordinated with, and do
not duplicate the efforts of, programs and laboratories
within--
``(A) the Department; and
``(B) other relevant research agencies; and
``(2) no funding is provided by ARPA-I for a project,
unless the eligible entity proposing the project--
``(A) demonstrates sufficient attempts to secure
private financing; or
``(B) indicates that the project is not
independently commercially viable.
``(j) Federal Demonstration of Technologies.--The Director shall
seek opportunities to partner with purchasing and procurement programs
of Federal agencies to demonstrate technologies resulting from
activities funded through ARPA-I.
``(k) Partnerships.--The Director shall seek opportunities to enter
into contracts or partnerships with minority-serving institutions (as
described in any of paragraphs (1) through (7) of section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)))--
``(1) to accomplish the goals of ARPA-I;
``(2) to develop institutional capacity in advanced
transportation infrastructure technologies and materials;
``(3) to engage underserved populations in developing,
demonstrating, and deploying those technologies and materials;
and
``(4) to otherwise address the needs of ARPA-I.
``(l) University Transportation Centers.--The Director may--
``(1) partner with university transportation centers under
section 5505 to accomplish the goals, and address the needs, of
ARPA-I; and
``(2) sponsor and select for funding, in accordance with
section 5505, competitively selected university transportation
center grants, in addition to the assistance provided under
section 5505, to address targeted technology and material goals
of ARPA-I.
``(m) Advice.--
``(1) Advisory committees.--The Director may seek advice
regarding any aspect of ARPA-I from--
``(A) an existing advisory committee, office, or
other group within the Department; and
``(B) a new advisory committee organized to support
the programs of ARPA-I by providing advice and
assistance regarding--
``(i) specific program tasks; or
``(ii) the overall direction of ARPA-I.
``(2) Additional sources.--In carrying out this section,
the Director may seek advice and review from--
``(A) the President's Council of Advisors on
Science and Technology;
``(B) the Advanced Research Projects Agency-Energy;
and
``(C) any professional or scientific organization
with expertise relating to specific processes or
technologies under development by ARPA-I.
``(n) Evaluation.--
``(1) In general.--Not later than December 27, 2024, the
Secretary may enter into an arrangement with the National
Academy of Sciences under which the National Academy shall
conduct an evaluation of the achievement by ARPA-I of the goals
described in subsection (c)(1).
``(2) Inclusions.--The evaluation under paragraph (1) may
include--
``(A) a recommendation regarding whether ARPA-I
should be continued;
``(B) a recommendation regarding whether ARPA-I, or
the Department generally, should continue to allow
entities to submit unsolicited research proposals; and
``(C) a description of--
``(i) the lessons learned from the
operation of ARPA-I; and
``(ii) the manner in which those lessons
may apply to the operation of other programs of
the Department.
``(3) Availability.--On completion of the evaluation under
paragraph (1), the evaluation shall be made available to--
``(A) Congress; and
``(B) the public.
``(o) Protection of Information.--
``(1) In general.--Each type of information described in
paragraph (2) that is collected by ARPA-I from eligible
entities shall be considered to be--
``(A) commercial and financial information obtained
from a person;
``(B) privileged or confidential; and
``(C) not subject to disclosure under section
552(b)(4) of title 5.
``(2) Description of types of information.--The types of
information referred to in paragraph (1) are--
``(A) information relating to plans for
commercialization of technologies developed using
assistance provided under this section, including
business plans, technology-to-market plans, market
studies, and cost and performance models;
``(B) information relating to investments provided
to an eligible entity from a third party (such as a
venture capital firm, a hedge fund, and a private
equity firm), including any percentage of ownership of
an eligible entity provided in return for such an
investment;
``(C) information relating to additional financial
support that the eligible entity--
``(i) plans to invest, or has invested, in
the technology developed using assistance
provided under this section; or
``(ii) is seeking from a third party; and
``(D) information relating to revenue from the
licensing or sale of a new product or service resulting
from research conducted using assistance provided under
this section.
``(p) Effect on Existing Authorities.--The authority provided by
this section--
``(1) shall be in addition to any existing authority
provided to the Secretary; and
``(2) shall not supersede or modify any other existing
authority.
``(q) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as are
necessary to carry out this section.
``(2) Separate budget and appropriation.--
``(A) Budget request.--The budget request for ARPA-
I shall be separate from the budget request of the
remainder of the Department.
``(B) Appropriations.--The funding appropriated for
ARPA-I shall be separate and distinct from the funding
appropriated for the remainder of the Department.
``(3) Allocation.--Of the amounts made available for a
fiscal year under paragraph (1)--
``(A) not less than 5 percent shall be used for
technology transfer and outreach activities--
``(i) in accordance with the goal described
in subsection (c)(2)(D); and
``(ii) within the responsibilities of the
program directors described in subsection
(e)(2)(B)(viii); and
``(B) none may be used for the construction of any
new building or facility during the 5-year period
beginning on the date of enactment of the Surface
Transportation Investment Act of 2021.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code (as amended by section 1101(b)), is amended by
adding at the end the following:
``119. Advanced Research Projects Agency-Infrastructure.''.
SEC. 5014. OPEN 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. Advanced transportation research initiative
``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a State agency;
``(2) a local government agency;
``(3) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002)), including a university transportation center
established under section 5505;
``(4) a nonprofit organization, including a nonprofit
research organization; and
``(5) a private sector organization working in
collaboration with an entity described in any of paragraphs (1)
through (4).
``(b) Pilot Program.--The Secretary of Transportation (referred to
in this section as the `Secretary') shall establish an advanced
transportation research pilot program under which the Secretary--
``(1) shall establish a process for eligible entities to
submit to the Secretary unsolicited research proposals; and
``(2) may enter into arrangements with 1 or more eligible
entities to fund research proposed under paragraph (1), in
accordance with this section.
``(c) Eligible Research.--The Secretary may enter into an
arrangement with an eligible entity under this section to fund research
that--
``(1) addresses--
``(A) a research need identified by--
``(i) the Secretary; or
``(ii) the Administrator of a modal
administration of the Department of
Transportation; or
``(B) an issue that the Secretary determines to be
important; and
``(2) is not duplicative of--
``(A) any other Federal research project; or
``(B) any project for which funding is provided by
another Federal agency.
``(d) Project Review.--The Secretary shall--
``(1) review each research proposal submitted under the
pilot program established under subsection (b); and
``(2)(A) if funding is denied for the research proposal--
``(i) provide to the eligible entity that submitted
the proposal a written notice of the denial that, as
applicable--
``(I) explains why the research proposal
was not selected, including whether the
research proposal fails to cover an area of
need; and
``(II) recommends that the research
proposal be submitted to another research
program; and
``(ii) if the Secretary recommends that the
research proposal be submitted to another research
program under clause (i)(II), provide guidance and
direction to--
``(I) the eligible entity; and
``(II) the proposed research program
office; or
``(B) if the research proposal is selected for
funding--
``(i) provide to the eligible entity that
submitted the proposal a written notice of the
selection; and
``(ii) seek to enter into an arrangement
with the eligible entity to provide funding for
the proposed research.
``(e) Coordination.--
``(1) In general.--The Secretary shall ensure that the
activities carried out under subsection (c) are coordinated
with, and do not duplicate the efforts of, programs of the
Department of Transportation and other Federal agencies.
``(2) Intraagency coordination.--The Secretary shall
coordinate the research carried out under this section with--
``(A) the research, education, and technology
transfer activities carried out by grant recipients
under section 5505; and
``(B) the research, development, demonstration, and
commercial application activities of other relevant
programs of the Department of Transportation, including
all modal administrations of the Department.
``(3) Interagency collaboration.--The Secretary shall
coordinate, as appropriate, regarding fundamental research with
the potential for application in the transportation sector
with--
``(A) the Director of the Office of Science and
Technology Policy;
``(B) the Director of the National Science
Foundation;
``(C) the Secretary of Energy;
``(D) the Director of the National Institute of
Standards and Technology;
``(E) the Secretary of Homeland Security;
``(F) the Administrator of the National Oceanic and
Atmospheric Administration;
``(G) the Secretary of Defense; and
``(H) the heads of other appropriate Federal
agencies, as determined by the Secretary.
``(f) Review, Evaluation, and Report.--Not less frequently than
biennially, in accordance with the plan developed under section 6503,
the Secretary shall--
``(1) review and evaluate the pilot program established
under subsection (b), including the research carried out under
that pilot program; and
``(2) make public on a website of the Department of
Transportation a report describing the review and evaluation
under paragraph (1).
``(g) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section shall not exceed 80
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.
``(h) Limitation on Certain Expenses.--Of any amounts made
available to carry out this section for a fiscal year, the Secretary
may use not more than 1.5 percent for coordination, evaluation, and
oversight activities under this section.
``(i) Authorization of Appropriations.--Of the funds made available
to carry out the university transportation centers program under
section 5505, $50,000,000 shall be available to carry out this section
for each of fiscal years 2022 through 2026.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
55 of title 49, United States Code, is amended by adding at the end the
following:
``5506. Advanced transportation research initiative.''.
SEC. 5015. 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 ``Not later than 180 days after the date of
publication of the Department of Transportation Strategic Plan
and not less frequently than once every 5 years thereafter, the
Secretary'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``The strategic'' and inserting ``Each
strategic'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``The strategic'' and inserting ``Each
strategic''; and
(B) in paragraph (1)--
(i) in subparagraph (E), by striking
``and'' at the end;
(ii) in subparagraph (F), by adding ``and''
after the semicolon at the end; and
(iii) by adding at the end the following:
``(G) reducing transportation cybersecurity
risks;'';
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``the strategic'' and inserting ``each
strategic''; and
(B) in paragraph (4), by striking ``2016'' and
inserting ``2021, and not less frequently than once
every 5 years thereafter''; and
(5) by striking subsection (e).
SEC. 5016. RESEARCH PLANNING MODIFICATIONS.
(a) Annual Modal Research Plans.--Section 6501 of title 49, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--Not later than June 1 of each year, the
head of each modal administration and joint program office of
the Department of Transportation shall prepare and submit to
the Assistant Secretary for Research and Technology of the
Department of Transportation (referred to in this chapter as
the `Assistant Secretary')--
``(A) a comprehensive annual modal research plan
for the following fiscal year; and
``(B) a detailed outlook for the fiscal year
thereafter.'';
(B) in paragraph (2), by inserting ``prepared or''
before ``submitted'';
(C) by redesignating paragraph (2) as paragraph
(3); and
(D) by inserting after paragraph (1) the following:
``(2) Requirements.--Each plan under paragraph (1) shall
include--
``(A) a general description of the strategic goals
of the Department that are addressed by the research
programs being carried out by the Assistant Secretary
or modal administration, as applicable;
``(B) a description of each proposed research
program, as described in the budget request submitted
by the Secretary of Transportation to the President
under section 1108 of title 31 for the following fiscal
year, including--
``(i) the major objectives of the program;
and
``(ii) the requested amount of funding for
each program and area;
``(C) a list of activities the Assistant Secretary
or modal administration plans to carry out under the
research programs described in subparagraph (B);
``(D) an assessment of the potential impact of the
research programs described in subparagraph (B),
including--
``(i) potential outputs, outcomes, and
impacts on technologies and practices used by
entities subject to the jurisdiction of the
modal administration;
``(ii) potential effects on applicable
regulations of the modal administration,
including the modification or modernization of
those regulations;
``(iii) potential economic or societal
impacts; and
``(iv) progress made toward achieving
strategic goals of--
``(I) the applicable modal
administration; or
``(II) the Department of
Transportation;
``(E) a description of potential partnerships to be
established to conduct the research program, including
partnerships with--
``(i) institutions of higher education; and
``(ii) private sector entities; and
``(F) such other requirements as the Assistant
Secretary considers to be necessary.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``by the head of a modal
administration or joint program office'' after
``submitted''; and
(ii) in subparagraph (B), by striking
clause (ii) and inserting the following:
``(ii) request that the plan and outlook
be--
``(I) revised in accordance with
such suggestions as the Assistant
Secretary shall include to ensure
conformity with the criteria described
in paragraph (2); and
``(II) resubmitted to the Assistant
Secretary for approval.'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Criteria.--In conducting a review under paragraph
(1)(A), the Assistant Secretary shall, with respect to the
modal research plan that is the subject of the review--
``(A) take into consideration whether--
``(i) the plan contains research objectives
that are consistent with the strategic research
and policy objectives of the Department of
Transportation included in the strategic plan
required under section 6503; and
``(ii) the research programs described in
the plan have the potential to benefit the
safety, mobility, and efficiency of the United
States transportation system;
``(B) identify and evaluate any potential
opportunities for collaboration between or among modal
administrations with respect to particular research
programs described in the plan;
``(C) identify and evaluate whether other modal
administrations may be better suited to carry out the
research programs described in the plan;
``(D) assess whether any projects described in the
plan are--
``(i) duplicative across modal
administrations; or
``(ii) unnecessary; and
``(E) take into consideration such other criteria
as the Assistant Secretary determines to be
necessary.''; and
(D) by adding at the end the following:
``(5) Savings clause.--Nothing in this subsection limits
the ability of the head of a modal administration to comply
with applicable law.''; and
(3) in subsection (c), in the matter preceding paragraph
(1), by striking ``subsection (b)(3)'' and inserting
``subsection (b)(4).
(b) Consolidated Research Database.--Section 6502(a) of title 49,
United States Code, is amended by striking the subsection designation
and heading and all that follows through subparagraph (B) of paragraph
(2) and inserting the following:
``(a) Research Abstract Database.--
``(1) Submission.--Not later than September 1 of each year,
the head of each modal administration and joint program office
of the Department of Transportation shall submit to the
Assistant Secretary, for review and public posting, a
description of each proposed research project to be carried out
during the following fiscal year, including--
``(A) proposed funding for any new projects; and
``(B) proposed additional funding for any existing
projects.
``(2) Publication.--Not less frequently than annually,
after receiving the descriptions under paragraph (1), the
Assistant Secretary shall publish on a public website a
comprehensive database including a description of all research
projects conducted by the Department of Transportation,
including research funded through university transportation
centers under section 5505.
``(3) Contents.--The database published under paragraph (2)
shall--
``(A) be delimited by research project; and
``(B) include a description of, with respect to
each research project--
``(i) research objectives;
``(ii) the progress made with respect to
the project, including whether the project is
ongoing or complete;
``(iii) any outcomes of the project,
including potential implications for policy,
regulations, or guidance issued by a modal
administration or the Department of
Transportation;
``(iv) any findings of the project;
``(v) the amount of funds allocated for the
project; and
``(vi) such other information as the
Assistant Secretary determines to be necessary
to address Departmental priorities and
statutory mandates;''.
SEC. 5017. INCORPORATION OF DEPARTMENT OF TRANSPORTATION RESEARCH.
(a) In General.--Chapter 65 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 6504. Incorporation of Department of Transportation research
``(a) Review.--Not later than December 31, 2021, and not less
frequently than once every 5 years thereafter, in concurrence with the
applicable strategic plan under section 6503, the Secretary of
Transportation shall--
``(1) conduct a review of research conducted by the
Department of Transportation; and
``(2) to the maximum extent practicable and appropriate,
identify modifications to laws, regulations, guidance, and
other policy documents to incorporate any innovations resulting
from the research described in paragraph (1) that have the
potential to improve the safety or efficiency of the United
States transportation system.
``(b) Requirements.--In conducting a review under subsection (a),
the Secretary of Transportation shall--
``(1) identify any innovative practices, materials, or
technologies that have demonstrable benefits to the
transportation system;
``(2) determine whether the practices, materials, or
technologies described in paragraph (1) require any statutory
or regulatory modifications for adoption; and
``(3)(A) if modifications are determined to be required
under paragraph (2), develop--
``(i) a proposal for those modifications; and
``(ii) a description of the manner in which any
such regulatory modifications would be--
``(I) incorporated into the Unified
Regulatory Agenda; or
``(II) adopted into existing regulations as
soon as practicable; or
``(B) if modifications are determined not to be required
under paragraph (2), develop a description of the means by
which the practices, materials, or technologies described in
paragraph (1) will otherwise be incorporated into Department of
Transportation or modal administration policy or guidance,
including as part of the Technology Transfer Program of the
Office of the Assistant Secretary for Research and Technology.
``(c) Report.--On completion of each review under subsection (a),
the Secretary of Transportation shall submit to the appropriate
committees of Congress a report describing, with respect to the period
covered by the report--
``(1) each new practice, material, or technology identified
under subsection (b)(1); and
``(2) any statutory or regulatory modification for the
adoption of such a practice, material, or technology that--
``(A) is determined to be required under subsection
(b)(2); or
``(B) was otherwise made during that period.''.
(b) Clerical Amendment.--The analysis for chapter 65 of title 49,
United States Code, is amended by adding at the end the following:
``6504. Incorporation of Department of Transportation research.''.
SEC. 5018. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
Section 5505 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``of
Transportation, acting through the Assistant Secretary
for Research and Technology (referred to in this
section as the `Secretary'),'' after ``The Secretary'';
and
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting
``multimodal'' after ``critical''; and
(ii) in subparagraph (C), by inserting
``with respect to the matters described in
subparagraphs (A) through (G) of section
6503(c)(1)'' after ``transportation leaders'';
(2) in subsection (b)--
(A) in paragraph (2)(A), by striking ``for each of
the transportation centers described under paragraphs
(2), (3), and (4) of subsection (c)'' and inserting
``as a lead institution under this section, except as
provided in subparagraph (B)'';
(B) in paragraph (4)--
(i) in subparagraph (A), by striking
``identified in chapter 65'' and inserting
``described in subparagraphs (A) through (G) of
section 6503(c)(1)''; and
(ii) in subparagraph (B), in the matter
preceding clause (i), by striking ``the
Assistant Secretary'' and all that follows
through ``modal administrations'' and inserting
``the heads of the modal administrations of the
Department of Transportation,''; and
(C) in paragraph (5)(B), in the matter preceding
clause (i), by striking ``submit'' and all that follows
through ``of the Senate'' and inserting ``make
available to the public on a website of the Department
of Transportation'';
(3) in subsection (c)(3)(E)--
(A) by inserting ``, including the cybersecurity
implications of technologies relating to connected
vehicles, connected infrastructure, and autonomous
vehicles'' after ``autonomous vehicles''; and
(B) by striking ``The Secretary'' and inserting the
following:
``(i) In general.--A regional university
transportation center receiving a grant under
this paragraph shall carry out research
focusing on 1 or more of the matters described
in subparagraphs (A) through (G) of section
6503(c)(1).
``(ii) Focused objectives.--The
Secretary''; and
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in the paragraph heading, by striking
``Annual review'' and inserting ``Review'';
(ii) in the matter preceding subparagraph
(A), by striking ``annually'' and inserting
``biennially''; and
(iii) in subparagraph (B), by striking
``submit'' and all that follows through ``of
the Senate'' and inserting ``make available to
the public on a website of the Department of
Transportation''; and
(B) in paragraph (3), by striking ``2016 through
2020'' and inserting ``2022 through 2026''.
SEC. 5019. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN.
(a) In General.--Section 1431(e) of the FAST Act (49 U.S.C. 301
note; Public Law 114-94) is amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) though (G), respectively, and indenting
appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated)--
(A) by striking ``Not later than 3 years after the
date of enactment of this Act'' and inserting ``Not
later than 180 days after the date of enactment of the
Surface Transportation Investment Act of 2021''; and
(B) by striking ``plan that includes'' and
inserting the following: ``plan--
``(1) to develop an immediate-term and long-term strategy,
including policy recommendations across all modes of
transportation, for the Department and other agencies to use
infrastructure investments to revive the travel and tourism
industry and the overall travel and tourism economy in the wake
of the Coronavirus Disease 2019 (COVID-19) pandemic; and
``(2) that includes''; and
(3) in paragraph (2) (as so redesignated)--
(A) in subparagraph (A) (as so redesignated), by
inserting ``, including consideration of the impacts of
the COVID-19 pandemic'' after ``network'';
(B) in subparagraph (D) (as so redesignated), by
inserting ``of regional significance'' after
``corridors'';
(C) in subparagraph (F) (as so redesignated), by
striking ``and'' at the end;
(D) in subparagraph (G) (as so redesignated), by
striking the period at the end and inserting ``; and'';
and
(E) by adding at the end the following:
``(H) an identification of possible infrastructure
investments that create recovery opportunities for
small, underserved, minority, and rural businesses in
the travel and tourism industry, including efforts to
preserve and protect the scenic, but often less-
traveled, roads that promote tourism and economic
development throughout the United States.''.
(b) Chief Travel and Tourism Officer.--Section 102 of title 49,
United States Code, is amended by striking subsection (h) and inserting
the following:
``(h) Chief Travel and Tourism Officer.--
``(1) Establishment.--There is established in the Office of
the Secretary of Transportation a position, to be known as the
`Chief Travel and Tourism Officer'.
``(2) Duties.--The Chief Travel and Tourism Officer shall
collaborate with the Assistant Secretary for Aviation and
International Affairs to carry out--
``(A) the National Travel and Tourism
Infrastructure Strategic Plan under section 1431(e) of
Public Law 114-94 (49 U.S.C. 301 note); and
``(B) other travel- and tourism-related matters
involving the Department of Transportation.''.
SEC. 5020. LOCAL HIRING PREFERENCE FOR CONSTRUCTION JOBS.
(a) Authorization.--
(1) In general.--A recipient or subrecipient of a grant
provided by the Secretary under title 23 or 49, United States
Code, may implement a local or other geographical or economic
hiring preference relating to the use of labor for construction
of a project funded by the grant, including prehire agreements,
subject to any applicable State and local laws, policies, and
procedures.
(2) Treatment.--The use of a local or other geographical or
economic hiring preference pursuant to paragraph (1) in any bid
for a contract for the construction of a project funded by a
grant described in paragraph (1) shall not be considered to
unduly limit competition.
(b) Workforce Diversity Report.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to Congress a
report describing methods--
(1) to ensure preapprenticeship programs are established
and implemented to meet the needs of employers in
transportation and transportation infrastructure construction
industries, including with respect to the formal connection of
the preapprenticeship programs to registered apprenticeship
programs;
(2) to address barriers to employment (within the meaning
of the Workforce Innovation and Opportunity Act (29 U.S.C. 3101
et seq.)) in transportation and transportation infrastructure
construction industries for--
(A) individuals who are former offenders (as
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102));
(B) individuals with a disability (as defined in
section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102)); and
(C) individuals that represent populations that are
traditionally underrepresented in the workforce; and
(3) to encourage a recipient or subrecipient implementing a
local or other geographical or economic hiring preference
pursuant to subsection (a)(1) to establish, in coordination
with nonprofit organizations that represent employees, outreach
and support programs that increase diversity within the
workforce, including expanded participation from individuals
described in subparagraphs (A) through (C) of paragraph (2).
(c) Model Plan.--Not later than 1 year after the date of submission
of the report under subsection (b), the Secretary shall establish, and
publish on the website of the Department, a model plan for use by
States, units of local government, and private sector entities to
address the issues described in that subsection.
SEC. 5021. TRANSPORTATION WORKFORCE DEVELOPMENT.
(a) Assessment.--The Secretary shall enter into an arrangement with
the National Academy of Sciences under which the National Academy shall
develop and submit to the Secretary a workforce needs assessment that--
(1) addresses--
(A) the education and recruitment of technical
workers for the intelligent transportation technologies
and systems industry;
(B) the development of a workforce skilled in
various types of intelligent transportation
technologies, components, infrastructure, and
equipment, including with respect to--
(i) installation;
(ii) maintenance;
(iii) manufacturing;
(iv) operations, including data analysis
and review; and
(v) cybersecurity; and
(C) barriers to employment in the intelligent
transportation technologies and systems industry for--
(i) individuals who are former offenders
(as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3102));
(ii) individuals with a disability (as
defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102));
and
(iii) individuals that represent
populations that are traditionally
underrepresented in the workforce; and
(2) includes recommendations relating to the issues
described in paragraph (1).
(b) Working Group.--
(1) Establishment.--The Secretary shall establish a working
group, to be composed of--
(A) the Secretary of Energy;
(B) the Secretary of Labor; and
(C) the heads of such other Federal agencies as the
Secretary determines to be necessary.
(2) Implementation plan.--
(A) In general.--The working group established
under paragraph (1) shall develop an intelligent
transportation technologies and systems industry
workforce development implantation plan.
(B) Requirements.--The implementation plan under
subparagraph (A) shall address any issues and
recommendations included in the needs assessment under
subsection (a), taking into consideration a whole-of-
government approach with respect to--
(i) using registered apprenticeship and
preapprenticeship programs; and
(ii) re-skilling workers who may be
interested in working within the intelligent
transportation technologies and systems
industry.
(3) Submission to congress.--Not later than 1 year after
the date of receipt of the needs assessment under subsection
(a), the Secretary shall submit to Congress the implementation
plan developed under paragraph (2).
(4) Termination.--The working group established under
paragraph (1) shall terminate on the date on which the
implementation plan developed under paragraph (2) is submitted
to Congress under paragraph (3).
(c) Transportation Workforce Outreach Program.--
(1) In general.--Subchapter I of chapter 55 of title 49,
United States Code (as amended by section 5014(a)), is amended
by adding at the end the following:
``Sec. 5507. Transportation workforce outreach program
``(a) In General.--The Secretary of Transportation (referred to in
this section as the `Secretary') shall establish and administer a
transportation workforce outreach program, under which the Secretary
shall carry out a series of public service announcement campaigns
during each of fiscal years 2022 through 2026.
``(b) Purposes.--The purpose of the campaigns carried out under the
program under this section shall be--
``(1) to increase awareness of career opportunities in the
transportation sector, including aviation pilots, safety
inspectors, mechanics and technicians, air traffic controllers,
flight attendants, truck and bus drivers, engineers, transit
workers, railroad workers, and other transportation
professionals; and
``(2) to target awareness of professional opportunities in
the transportation sector to diverse segments of the
population, including with respect to race, sex, ethnicity,
ability (including physical and mental ability), veteran
status, and socioeconomic status.
``(c) Advertising.--The Secretary may use, or authorize the use of,
amounts made available to carry out the program under this section for
the development, production, and use of broadcast, digital, and print
media advertising and outreach in carrying out a campaign under this
section.
``(d) Funding.--The Secretary may use to carry out this section any
amounts otherwise made available to the Secretary, not to exceed
$5,000,000, for each of fiscal years 2022 through 2026.''.
(2) Clerical amendment.--The analysis for subchapter I of
chapter 55 of title 49, United States Code (as amended by
section 5014(b)), is amended by adding at the end the
following:
``5507. Transportation workforce outreach program.''.
SEC. 5022. INTERMODAL TRANSPORTATION ADVISORY BOARD REPEAL.
(a) In General.--Section 5502 of title 49, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
55 of title 49, United States Code, is amended by striking the item
relating to section 5502.
SEC. 5023. GAO CYBERSECURITY RECOMMENDATIONS.
(a) Cybersecurity Risk Management.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall implement the
recommendation for the Department made by the Comptroller General of
the United States in the report entitled ``Cybersecurity: Agencies Need
to Fully Establish Risk Management Programs and Address Challenges'',
numbered GAO-19-384, and dated July 2019--
(1) by developing a cybersecurity risk management strategy
for the systems and information of the Department;
(2) by updating policies to address an organization-wide
risk assessment; and
(3) by updating the processes for coordination between
cybersecurity risk management functions and enterprise risk
management functions.
(b) Work Roles.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall implement the recommendation of the
Comptroller General of the United States in the report entitled
``Cybersecurity Workforce: Agencies Need to Accurately Categorize
Positions to Effectively Identify Critical Staffing Needs'', numbered
GAO-19-144, and dated March 2019, by--
(1) reviewing positions in the Department; and
(2) assigning appropriate work roles in accordance with the
National Initiative for Cybersecurity Education Cybersecurity
Workforce Framework.
(c) GAO Review.--
(1) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that examines the approach of the
Department to managing cybersecurity for the systems and
information of the Department.
(2) Contents.--The report under paragraph (1) shall include
an evaluation of--
(A) the roles, responsibilities, and reporting
relationships of the senior officials of the Department
with respect to cybersecurity at the components of the
Department;
(B) the extent to which officials of the
Department--
(i) establish requirements for, share
information with, provide resources to, and
monitor the performance of managers with
respect to cybersecurity within the components
of the Department; and
(ii) hold managers accountable for
cybersecurity within the components of the
Department; and
(C) other aspects of cybersecurity, as the
Comptroller General of the United States determines to
be appropriate.
SEC. 5024. VOLPE OVERSIGHT.
(a) Financial Management.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement the
recommendations of the Inspector General of the Department included in
the report entitled ``DOT Needs to Strengthen Its Oversight of IAAs
With Volpe'' and dated September 30, 2019, to improve planning,
financial management, and the sharing of performance information with
respect to intraagency agreements with the John A. Volpe National
Transportation Systems Center (referred to in this section as the
``Volpe Center'').
(b) GAO Review.--
(1) 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 Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that examines the surface
transportation activities at the Volpe Center.
(2) Contents.--The report under paragraph (1) shall include
an evaluation of--
(A) the amount of Department funding provided to
the Volpe Center, as compared to other Federal and non-
Federal research partners;
(B) the process used by the Department to determine
whether to work with the Volpe Center, as compared to
any other Federal or non-Federal research partner;
(C) the extent to which the Department is
collaborating with the Volpe Center to address research
needs relating to emerging issues; and
(D) whether the operation of the Volpe Center is
duplicative of other public or private sector efforts.
SEC. 5025. MODIFICATIONS TO GRANT PROGRAM.
Section 1906 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-
59) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) developing and implementing programs, public
outreach, and training to reduce the impact of traffic stops
described in subsection (a)(1).'';
(2) by striking subsection (c) and inserting the following:
``(c) Maximum Amount.--The total amount provided to a State under
this section in any fiscal year may not exceed--
``(1) for a State described in subsection (a)(1), 10
percent of the amount made available to carry out this section
in that fiscal year; and
``(2) for a State described in subsection (a)(2), 5 percent
of the amount made available to carry out this section in that
fiscal year.''; and
(3) in subsection (d)--
(A) by striking ``$7,500,000 for each of fiscal
years 2017 through 2020'' and inserting ``$11,500,000
for each fiscal year'';
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following:
``(3) Technical assistance.--The Secretary may allocate not
more than 10 percent of the amount made available to carry out
this section in a fiscal year to provide technical assistance
to States to carry out activities under this section.''.
SEC. 5026. DRUG-IMPAIRED DRIVING DATA COLLECTION.
Not later than 2 years after the date of enactment of this Act, the
Secretary, in consultation with the heads of appropriate Federal
agencies, State highway safety offices, State toxicologists, traffic
safety advocates, and other interested parties, shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report that, in accordance with the document entitled
``Recommendations for Toxicological Investigations of Drug-Impaired
Driving and Motor Vehicle Fatalities--2017 Update'' (and subsequent
updates to that document)--
(1) identifies any barriers that States encounter in
submitting alcohol and drug toxicology results to the Fatality
Analysis Reporting System;
(2) provides recommendations on how to address the barriers
identified pursuant to paragraph (1); and
(3) describes steps that the Secretary, acting through the
Administrator of the National Highway Traffic Safety
Administration, will take to assist States in improving--
(A) toxicology testing in cases of motor vehicle
crashes; and
(B) the reporting of alcohol and drug toxicology
results in cases of motor vehicle crashes.
SEC. 5027. REPORT ON MARIJUANA RESEARCH.
(a) Definition of Marijuana.--In this section, the term
``marijuana'' has the meaning given the term in section 4008(d) of the
FAST Act (Public Law 114-94; 129 Stat. 1511).
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary, in consultation with the Attorney General and
the Secretary of Health and Human Services, shall submit to the
Committees on Commerce, Science, and Transportation and the Judiciary
of the Senate and the Committees on Transportation and Infrastructure
and the Judiciary of the House of Representatives, and make publicly
available on the website of the Department, a report that--
(1) describes methods for, and contains recommendations
with respect to--
(A) increasing and improving, for scientific
researchers studying impairment while driving under the
influence of marijuana, access to samples and strains
of marijuana and products containing marijuana that are
lawfully available to patients or consumers in a State
on a retail basis;
(B) 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; and
(C) facilitating, for scientific researchers
located in States that have not legalized marijuana for
medical or recreational use, access to samples and
strains of marijuana and products containing marijuana
from the clearinghouse described in subparagraph (B)
for purposes of research on marijuana-impaired driving;
and
(2) identifies, and contains recommendations for
addressing, Federal statutory and regulatory barriers to--
(A) the conduct of scientific research on
marijuana-impaired driving; and
(B) the establishment of a national clearinghouse
for purposes of facilitating research on marijuana-
impaired driving.
SEC. 5028. GAO STUDY ON IMPROVING THE EFFICIENCY OF TRAFFIC SYSTEMS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall carry out, and submit to
Congress a report describing the results of, a study on the potential
societal benefits of improving the efficiency of traffic systems.
TITLE VI--HAZARDOUS MATERIALS
SEC. 6001. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 of title 49, United States Code, is amended to read as
follows:
``Sec. 5128. Authorization of appropriations
``(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this chapter (except section 5107(e),
5108(g)(2), 5113, 5115, 5116, and 5119)--
``(1) $67,000,000 for fiscal year 2022;
``(2) $68,000,000 for fiscal year 2023;
``(3) $69,000,000 for fiscal year 2024;
``(4) $70,000,000 for fiscal year 2025; and
``(5) $71,000,000 for fiscal year 2026.
``(b) Hazardous Materials Emergency Preparedness Fund.--From the
Hazardous Materials Preparedness Fund established under section
5116(h), the Secretary may expend, for each of fiscal years 2022
through 2026--
``(1) $39,050,000 to carry out section 5116(a);
``(2) $150,000 to carry out section 5116(e);
``(3) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(h)(3); and
``(4) $2,000,000 to carry out section 5116(i).
``(c) Hazardous Materials Training Grants.--From the Hazardous
Materials Emergency Preparedness Fund established pursuant to section
5116(h), the Secretary may expend $5,000,000 for each of fiscal years
2022 through 2026 to carry out section 5107(e).
``(d) Community Safety Grants.--Of the amounts made available under
subsection (a) to carry out this chapter, the Secretary shall withhold
$4,000,000 for each of fiscal years 2022 through 2026 to carry out
section 5107(i).
``(e) Credits to Appropriations.--
``(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs
in providing training to the State, Indian tribe, authority or
entity.
``(2) Availability of amounts.--Amounts made available
under this section shall remain available until expended.''.
SEC. 6002. ASSISTANCE FOR LOCAL EMERGENCY RESPONSE TRAINING GRANT
PROGRAM.
Section 5116 of title 49, United States Code, is amended--
(1) in subsection (j), in the second sentence of the matter
preceding paragraph (1), by striking ``subsection (i)'' and
inserting ``subsections (i) and (j)'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following:
``(j) Alert Grant Program.--
``(1) Assistance for local emergency response training.--
The Secretary shall establish a grant program to make grants to
eligible entities described in paragraph (2)--
``(A) to develop a hazardous materials response
training curriculum for emergency responders, including
response activities for the transportation of crude
oil, ethanol, and other flammable liquids by rail,
consistent with the standards of the National Fire
Protection Association; and
``(B) to make the training described in
subparagraph (A) available in an electronic format.
``(2) Eligible entities.--An eligible entity referred to in
paragraph (1) is a nonprofit organization that--
``(A) represents first responders or public
officials responsible for coordinating disaster
response; and
``(B) is able to provide direct or web-based
training to individuals responsible for responding to
accidents and incidents involving hazardous materials.
``(3) Funding.--
``(A) In general.--To carry out the grant program
under paragraph (1), the Secretary may use, for each
fiscal year, any amounts recovered during such fiscal
year from grants awarded under this section during a
prior fiscal year.
``(B) Other hazardous material training
activities.--For each fiscal year, after providing
grants under paragraph (1), if funds remain available,
the Secretary may use the amounts described in
subparagraph (A)--
``(i) to make grants under--
``(I) subsection (a)(1)(C);
``(II) subsection (i); and
``(III) section 5107(e);
``(ii) to conduct monitoring and provide
technical assistance under subsection (e);
``(iii) to publish and distribute the
emergency response guide referred to in
subsection (h)(3); and
``(iv) to pay administrative costs in
accordance with subsection (h)(4).
``(C) Obligation limitation.--Notwithstanding any
other provision of law, for each fiscal year, amounts
described in subparagraph (A) shall not be included in
the obligation limitation for the Hazardous Materials
Emergency Preparedness grant program for that fiscal
year.''.
SEC. 6003. REAL-TIME EMERGENCY RESPONSE INFORMATION.
Section 7302 of the FAST Act (49 U.S.C. 20103 note; Public Law 114-
94) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``1 year after the date of enactment of this
Act'' and inserting ``December 5, 2022'';
(B) in paragraph (1), by amending subparagraph (B)
to read as follows:
``(B) to provide the electronic train consist
information described in subparagraph (A) to authorized
State and local first responders, emergency response
officials, and law enforcement personnel that are
involved in the response to, or investigation of, an
accident, incident, or public health or safety
emergency involving the rail transportation of
hazardous materials;'';
(C) by striking paragraph (2);
(D) by redesignating paragraphs (3), (4), (5), (6),
and (7) as paragraphs (2), (3), (4), (5), and (6),
respectively; and
(E) in paragraph (3), as redesignated, by striking
``paragraph (3)'' and inserting ``paragraph (2)'';
(2) in subsection (b)--
(A) by striking paragraphs (1) and (4); and
(B) by redesignating paragraphs (2), (3), (5), (6),
and (7) as paragraphs (1), (2), (3), (4), and (5),
respectively; and
(3) in subsection (c), by striking ``, as described in
subsection (a)(1)(B),''.
TITLE VII--GENERAL PROVISIONS
SEC. 7001. PERFORMANCE MEASUREMENT, TRANSPARENCY, AND ACCOUNTABILITY.
For each grant awarded under this Act, or an amendment made by
this Act, the Secretary may--
(1) develop metrics to assess the effectiveness of the
activities funded by the grant;
(2) establish standards for the performance of the
activities funded by the grant that are based on the metrics
developed under paragraph (1); and
(3) not later than the date that is 4 years after the date
of the initial award of the grant and every 2 years thereafter
until the date on which Federal financial assistance is
discontinued for the applicable activity, conduct an assessment
of the activity funded by the grant to confirm whether the
performance is meeting the standards for performance
established under paragraph (2).
SEC. 7002. COORDINATION REGARDING FORCED LABOR.
The Secretary shall coordinate with the Commissioner of U.S.
Customs and Border Protection to ensure that no illegal products or
materials produced with forced labor are procured with funding made
available under this Act.
SEC. 7003. DEPARTMENT OF TRANSPORTATION SPECTRUM AUDIT.
(a) Audit and Report.--Not later than 18 months after the date of
enactment of this Act, the Assistant Secretary of Commerce for
Communications and Information and the Secretary shall jointly--
(1) conduct an audit of the electromagnetic spectrum that
is assigned or otherwise allocated to the Department as of the
date of the audit; and
(2) submit to Congress, and make available to each Member
of Congress upon request, a report containing the results of
the audit conducted under paragraph (1).
(b) Contents of Report.--The Assistant Secretary of Commerce for
Communications and Information and the Secretary shall include in the
report submitted under subsection (a)(2), with respect to the
electromagnetic spectrum that is assigned or otherwise allocated to the
Department as of the date of the audit--
(1) each particular band of spectrum being used by the
Department;
(2) a description of each purpose for which a particular
band described in paragraph (1) is being used, and how much of
the band is being used for that purpose;
(3) the State or other geographic area in which a
particular band described in paragraph (1) is assigned or
allocated for use;
(4) whether a particular band described in paragraph (1) is
used exclusively by the Department or shared with another
Federal entity or a non-Federal entity; and
(5) any portion of the spectrum that is not being used by
the Department.
(c) Form of Report.--The report required under subsection (a)(2)
shall be submitted in unclassified form but may include a classified
annex.
SEC. 7004. STUDY AND REPORTS ON THE TRAVEL AND TOURISM ACTIVITIES OF
THE DEPARTMENT.
(a) Study.--
(1) In general.--The Secretary shall conduct a study
(referred to in this section as the ``study'') on the travel
and tourism activities within the Department.
(2) Requirement.--The study shall evaluate how the
Department evaluates travel and tourism needs or criteria in
considering applications for grants under the grant programs of
the Department.
(b) Report of the Secretary.--Not later than 1 year after the date
of enactment of this Act, the Secretary 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 on the results of the study, which shall
include--
(1) an identification of how the Department currently
evaluates travel and tourism needs or criteria in considering
applications for grants under the grant programs of the
Department;
(2) a description of any actions that the Department will
take to improve the evaluation of tourism- and travel-related
criteria in considering applications for grants under those
grant programs; and
(3) recommendations as to any statutory or regulatory
changes that may be required to enhance the consideration by
the Department of travel and tourism needs or criteria in
considering applications for grants under those grant programs.
(c) GAO Assessment and Report.--
(1) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the existing resources of
the Department used to conduct travel- and tourism-related
activities, including the consideration of travel and tourism
needs or criteria in considering applications for grants under
the grant programs of the Department, in order to identify--
(A) any resources needed by the Department; and
(B) any barriers to carrying out those activities.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the assessment conducted under
paragraph (1), which shall include--
(A) recommendations for improving the evaluation
and consideration by the Department of travel and
tourism with respect to the discretionary grant
programs of the Department;
(B) an assessment of the resources needed to carry
out the tourism- and travel-related activities of the
Department;
(C) an assessment of any barriers to carrying out
activities relating to travel and tourism; and
(D) recommendations for improving the ability of
the Department to carry out activities relating to
travel and tourism, which may include proposed
statutory or regulatory changes that may be needed to
facilitate those activities.
Calendar No. 227
117th CONGRESS
1st Session
S. 2016
_______________________________________________________________________
A BILL
To authorize elements of the Department of Transportation, and for
other purposes.
_______________________________________________________________________
December 17, 2021
Reported with an amendment