Union Calendar No. 350
116th CONGRESS 2d Session |
[Report No. 116–437]
To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.
June 11, 2020
Mr. DeFazio (for himself, Ms. Norton, and Mr. Lipinski) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
June 26, 2020
Additional sponsors: Mr. Pallone, Mr. Neal, Ms. Waters, Mrs. Carolyn B. Maloney of New York, Mr. Scott of Virginia, Mr. Grijalva, Ms. Jackson Lee, Mr. Ryan, Mr. Lowenthal, Mr. Welch, Mr. García of Illinois, Ms. Wilson of Florida, Mr. Lynch, Mr. Brown of Maryland, Mr. Garamendi, Mr. Carbajal, Mr. DeSaulnier, Mr. Malinowski, Mrs. Napolitano, Mr. Cohen, Mr. Carson of Indiana, Ms. Shalala, Mr. Ruppersberger, Ms. Velázquez, Mr. Espaillat, Mrs. Hayes, Mr. Hastings, Ms. Brownley of California, Mr. Swalwell of California, Mr. Huffman, Ms. Adams, Mr. Beyer, Mr. Sires, Ms. Mucarsel-Powell, Mr. Pappas, Mr. Cárdenas, Mr. Cicilline, Mr. Sablan, Ms. Craig, Mr. Higgins of New York, Mr. Trone, Mr. Horsford, Mr. Rouda, Mr. Johnson of Georgia, Mr. Pascrell, Mrs. Trahan, Mrs. Lawrence, Ms. Schakowsky, Mr. Bishop of Georgia, Mr. Tonko, Mr. Larson of Connecticut, Mr. Morelle, Mr. Connolly, Mr. Evans, Ms. Frankel, Ms. Davids of Kansas, Mr. Suozzi, Ms. Wasserman Schultz, Ms. Clarke of New York, Mr. Courtney, Mr. Luján, Ms. Dean, Ms. Roybal-Allard, Mr. Cuellar, Mr. Kildee, Ms. Bonamici, Mrs. Dingell, Ms. Underwood, Mr. Heck, Ms. Barragán, Mr. Price of North Carolina, Mr. Larsen of Washington, Mr. Payne, Mr. Blumenauer, Ms. Matsui, Mr. Michael F. Doyle of Pennsylvania, Mr. David Scott of Georgia, Ms. Plaskett, Ms. Wild, Mr. Takano, Mr. Danny K. Davis of Illinois, Ms. Moore, Mr. Cisneros, Mr. Cleaver, Ms. Sherrill, Mr. Sarbanes, Mr. Mfume, Ms. Johnson of Texas, Mr. Casten of Illinois, Mr. Rush, Mr. Cartwright, Mr. Case, Ms. Blunt Rochester, Mrs. Beatty, Mr. Langevin, Mr. Brendan F. Boyle of Pennsylvania, Mr. Thompson of California, Ms. Porter, Mr. Raskin, Ms. Eshoo, Ms. DeLauro, Ms. DelBene, Mr. Schneider, Ms. Sánchez, Mr. Kim, Mr. Norcross, Ms. Castor of Florida, Mr. Allred, Mr. McNerney, Mr. Krishnamoorthi, Ms. Fudge, Mr. Yarmuth, Mr. Vela, Mrs. Watson Coleman, Mr. Himes, Ms. Garcia of Texas, Mr. Sean Patrick Maloney of New York, Mr. Gottheimer, Mr. Stanton, Mr. Correa, Ms. Haaland, Mr. McEachin, Ms. DeGette, Mr. Meeks, Mr. Perlmutter, Mr. Veasey, and Mr. Lamb
June 26, 2020
Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 11, 2020]
To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “Investing in a New Vision for the Environment and Surface Transportation in America Act” or the “INVEST in America Act”.
(b) Table of Contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Extension of Federal surface transportation programs.
Sec. 102. Federal Highway Administration.
Sec. 103. Federal Transit Administration.
Sec. 104. National Highway Traffic Safety Administration.
Sec. 105. Federal Motor Carrier Safety Administration.
Sec. 106. Definitions.
Sec. 1001. Applicability of division.
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions and declaration of policy.
Sec. 1104. Apportionment.
Sec. 1105. Additional deposits into Highway Trust Fund.
Sec. 1106. Transparency.
Sec. 1107. Complete and context sensitive street design.
Sec. 1108. Innovative project delivery Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
Sec. 1113. Federal-aid highway project requirements.
Sec. 1114. State assumption of responsibility for categorical exclusions.
Sec. 1115. Surface transportation project delivery program written agreements.
Sec. 1116. Corrosion prevention for bridges.
Sec. 1117. Sense of Congress.
Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st century.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural grant program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active transportation connectivity grant program.
Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
Sec. 1405. Fiscal constraint on long-range transportation plans.
Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
Sec. 1506. Office of Tribal Government Affairs.
Sec. 1507. Alternative contracting methods.
Sec. 1508. Divestiture of federally owned bridges.
Sec. 1509. Study on Federal funding available to Indian Tribes.
Sec. 1510. GAO study.
Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Broadband infrastructure deployment.
Sec. 1604. Balance Exchanges for Infrastructure Program.
Sec. 1605. Stormwater best management practices.
Sec. 1606. Pedestrian facilities in the public right-of-way.
Sec. 1607. Highway formula modernization report.
Sec. 1608. Consolidation of programs.
Sec. 1609. Student outreach report to Congress.
Sec. 1610. Task force on developing a 21st century surface transportation workforce.
Sec. 1611. On-the-job training and supportive services.
Sec. 1612. Work zone safety.
Sec. 1613. Transportation education development program.
Sec. 1614. Working group on construction resources.
Sec. 1615. Numbering system of highway interchanges.
Sec. 1616. Toll credits.
Sec. 1617. Transportation construction materials procurement.
Sec. 1618. Construction of certain access and development roads.
Sec. 1619. Nationwide road safety assessment.
Sec. 1620. Wildlife crossings.
Sec. 1621. Climate resilient transportation infrastructure study.
Sec. 1622. Elimination of duplication of environmental reviews and approvals.
Sec. 1623. AMBER Alerts along major transportation routes.
Sec. 1624. Natural gas, electric battery, and zero emission vehicles.
Sec. 1625. Guidance on evacuation routes.
Sec. 1626. Prohibiting use of Federal funds for payments in support of congressional campaigns.
Sec. 1627. High priority corridors on National Highway System.
Sec. 1628. Guidance on inundated and submerged roads.
Sec. 1629. Airport innovative financing techniques.
Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal year 2022 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. General provisions.
Sec. 2112. Certification requirements.
Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive grants.
Sec. 2202. Incentivizing frequency in the urban formula.
Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.
Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Certification requirements.
Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.
Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.
Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards.
Sec. 2604. Safety performance measures and set asides.
Sec. 2605. U.S. Employment Plan.
Sec. 2606. Technical assistance and workforce development.
Sec. 2701. Transit-supportive communities.
Sec. 2702. Property disposition for affordable housing.
Sec. 2703. Affordable housing incentives in capital investment grants.
Sec. 2801. Mobility innovation sandbox program.
Sec. 2802. Transit bus operator compartment redesign program.
Sec. 2803. Federal Transit Administration Every Day Counts initiative.
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit bus development program.
Sec. 2901. Reauthorization for capital and preventive maintenance projects for Washington Metropolitan Area Transit Authority.
Sec. 2902. Other apportionments.
Sec. 2911. Fixed guideway capital investment grants.
Sec. 2912. Rural and small urban apportionment deadline.
Sec. 2913. Disposition of assets beyond useful life.
Sec. 2914. Innovative coordinated access and mobility.
Sec. 2915. Passenger ferry grants.
Sec. 2916. Evaluation of benefits and Federal investment.
Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Traffic safety enforcement grants.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. High-visibility enforcement program.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.
Sec. 3009. National priority safety program grant eligibility.
Sec. 3010. Implicit bias research and training grants.
Sec. 3011. Stop motorcycle checkpoint funding.
Sec. 3012. Electronic driver’s license.
Sec. 3013. Motorcyclist Advisory Council.
Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
Sec. 4103. Immobilization grant program.
Sec. 4104. Dry bulk weight tolerance.
Sec. 4201. Motor carrier safety advisory committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of household goods in interstate commerce.
Sec. 4301. Commercial driver’s license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.
Sec. 4401. Schoolbus safety standards.
Sec. 4402. Illegal passing of schoolbuses.
Sec. 4403. State inspection of passenger-carrying commercial motor vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
Sec. 4407. Additional State authority.
Sec. 4408. Updating the required amount of insurance for commercial motor vehicles.
Sec. 5001. Authorization of appropriations.
Sec. 5101. Highway research and development program.
Sec. 5102. Materials to reduce greenhouse gas emissions program.
Sec. 5103. Transportation research and development 5-year strategic plan.
Sec. 5104. University transportation centers program.
Sec. 5105. Unsolicited research initiative.
Sec. 5106. National cooperative multimodal freight transportation research program.
Sec. 5107. Wildlife-vehicle collision reduction and habitat connectivity improvement.
Sec. 5108. Research activities.
Sec. 5109. Innovative material innovation hubs.
Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement technologies.
Sec. 5203. Federal Highway Administration Every Day Counts initiative.
Sec. 5301. Safe, efficient mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and road users.
Sec. 5305. Nontraditional and Emerging Transportation Technology Council.
Sec. 5306. Hyperloop transportation.
Sec. 5307. Surface transportation workforce retraining grant program.
Sec. 5308. Third-party data integration pilot program.
Sec. 5309. Third-party data planning integration pilot program.
Sec. 5401. State surface transportation system funding pilots.
Sec. 5402. National surface transportation system funding pilot.
Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Transportation workforce outreach program.
Sec. 5504. Certification on ensuring no human rights abuses.
Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance Bureau.
Sec. 6008. Local hire.
Sec. 6009. FTE cap.
Sec. 6010. Identification of COVID–19 testing needs of critical infrastructure employees.
Sec. 7001. Transportation Infrastructure Finance and Innovation Act.
Sec. 8001. Short title.
Sec. 8101. Authorization of appropriations.
Sec. 8201. Repeal of certain requirements related to lithium cells and batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.
Sec. 9001. Short title.
Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Buy America.
Sec. 9106. Rail network climate change vulnerability assessment.
Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Recreational trail access.
Sec. 9217. Investigation of substandard performance.
Sec. 9218. Amtrak cybersecurity enhancement grant program.
Sec. 9219. Amtrak and private cars.
Sec. 9220. Amtrak Office of Community Outreach.
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. High-speed rail funds.
Sec. 9401. Surface Transportation Board mediation of trackage use requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use requests.
Sec. 9403. Chicago Union Station improvement plans.
Sec. 9501. National Academies study on safety impact of trains longer than 7,500 feet.
Sec. 9502. GAO study on changes in freight railroad operating and scheduling practices.
Sec. 9503. FRA safety reporting.
Sec. 9504. Waiver notice requirements.
Sec. 9505. Notice of FRA comprehensive safety assessments.
Sec. 9506. FRA accident and incident investigations.
Sec. 9507. Rail safety improvements.
Sec. 9508. Annual review of speed limit action plans.
Sec. 9509. Freight train crew size safety standards.
Sec. 9510. Safe cross border operations.
Sec. 9511. Yardmasters hours of service.
Sec. 9512. Leaking brakes.
Sec. 9513. Annual report on PTC system failures.
Sec. 9514. Fatigue reduction pilot projects.
Sec. 9515. Assault prevention and response plans.
Sec. 9516. Critical incident stress plans.
Sec. 9517. Study on safety culture assessments.
Sec. 9551. Grade crossing separation grants.
Sec. 9552. Rail safety public awareness grants.
Sec. 9553. Establishment of 10-minute time limit for blocking public grade crossings.
Sec. 9554. National strategy to address blocked crossings.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Counting railroad suicides.
Sec. 10001. National scenic byways program.
(a) Extension of Federal surface transportation programs.—
(1) IN GENERAL.—Except as otherwise provided in this division, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2020, are incorporated by reference and shall continue in effect through September 30, 2021.
(2) AUTHORIZATION OF APPROPRIATIONS.—
(A) HIGHWAY TRUST FUND.—
(i) HIGHWAY ACCOUNT.—
(I) IN GENERAL.—Except as provided in subclause (II), there is authorized to be appropriated from the Highway Account for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2020.
(II) ADMINISTRATIVE EXPENSES.—Notwithstanding any other provision of this division, there is authorized to be appropriated from the Highway Account for fiscal year 2021—
(aa) $502,897,049 for administrative expenses of the Federal Highway Administration, as described in section 104(a) of title 23, United States Code; and
(bb) $30,086,000 for grant administrative expenses of the National Highway Traffic Safety Administration, as described in section 4001(a)(6) of the FAST Act (Public Law 114–94).
(ii) MASS TRANSIT ACCOUNT.—There is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2020.
(B) GENERAL FUND.—
(i) IN GENERAL.—Except as provided in clause (ii), there is authorized to be appropriated for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated for fiscal year 2020 from an account other than the Highway Account or the Mass Transit Account under the titles described in subsection (b)(1), an amount not less than the amount authorized for appropriation with respect to the program under such titles for fiscal year 2020.
(3) USE OF FUNDS.—Except as otherwise provided in this division, amounts authorized to be appropriated for fiscal year 2021 with respect to a program under paragraph (2) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2020 under the covered laws.
(4) OBLIGATION LIMITATION.—
(A) IN GENERAL.—Except as provided in subparagraph (B), a program for which amounts are authorized to be appropriated under paragraph (2)(A) shall be subject to a limitation on obligations for fiscal year 2021 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2020 under the Department of Transportation Appropriations Act, 2020 (Public Law 116–94), as in effect on December 20, 2019.
(B) FEDERAL-AID HIGHWAY AND HIGHWAY SAFETY CONSTRUCTION PROGRAMS.—
(i) IN GENERAL.—Notwithstanding any other provision of this division, section 1102 of the FAST Act (Public Law 114–94), or the Department of Transportation Appropriations Act, 2020 (Public Law 116–94), for fiscal year 2021, the obligations for Federal-aid highway and highway safety construction programs shall not exceed $46,387,191,360.
(ii) LIMITATION ON FEDERAL HIGHWAY ADMINISTRATION ADMINISTRATIVE EXPENSES.—Notwithstanding any other provision of this division, of the amount described in clause (i), for fiscal year 2021 an amount not to exceed $478,897,049, together with advances and reimbursements received by the Federal Highway Administration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Administration.
(b) Definitions.—In this section, the term “covered laws” means the following:
(1) Titles I, III, IV, V, and VI of division A of the FAST Act (Public Law 114–94).
(2) Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 (Public Law 112–141).
(3) Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244).
(4) Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59).
(5) Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century (Public Law 105–178).
(6) Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59).
(a) Additional amounts.—
(1) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this section, $14,742,808,640.
(B) CONTRACT AUTHORITY.—Amounts authorized to be appropriated under subparagraph (A) shall be available for obligation as if apportioned under chapter 1 of title 23, United States Code.
(2) OBLIGATION CEILING.—
(A) IN GENERAL.—Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under paragraph (1) shall not exceed $14,742,808,640.
(B) DISTRIBUTION OF OBLIGATION AUTHORITY.—
(i) IN GENERAL.—Of the obligation authority provided under subparagraph (A), the Secretary shall make available to States, Tribes, Puerto Rico, the territories, and Federal land management agencies, during the period of fiscal year 2021, amounts of obligation authority equal to the amounts described in subparagraphs (A) through (E) of paragraph (3), respectively.
(ii) FURTHER DISTRIBUTION.—Each State, each Tribe, Puerto Rico, each territory, and each Federal land management agency receiving funds under subparagraphs (A) through (E) of paragraph (3), respectively, shall receive an amount of obligation authority equal to the funds that it receives under any of such subparagraphs.
(C) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—
(i) IN GENERAL.—Notwithstanding subparagraph (B), the Secretary shall, after August 1 of fiscal year 2021—
(I) revise a distribution of the obligation authority made available under subparagraph (B) if an amount distributed cannot be obligated during that fiscal year; and
(II) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141)) and 104 of title 23, United States Code.
(3) DISTRIBUTION OF FUNDS.—Amounts authorized to be appropriated for fiscal year 2021 under paragraph (1) shall be distributed as follows:
(4) STATE FUNDS.—
(A) DISTRIBUTION.—
(i) IN GENERAL.—Amounts made available under paragraph (3)(A) shall be distributed among the States in the same ratio as total State apportionments under section 104(c)(1) of title 23, United States Code, in fiscal year 2020.
(ii) SUBALLOCATION.—
(I) IN GENERAL.—Amounts distributed among the States under clause (i) shall be suballocated within the State to an area described in subclause (II) in the proportion that—
(B) TREATMENT.—Except as otherwise provided in this paragraph, amounts made available under paragraph (3)(A) shall be administered as if apportioned under chapter 1 of title 23, United States Code.
(5) TRIBAL FUNDS.—
(6) FUNDS FOR PUERTO RICO AND THE TERRITORIES.—
(A) TREATMENT.—
(B) USE OF FUNDS.—
(i) PUERTO RICO.—Amounts made available to Puerto Rico under paragraph (3)(C) may be obligated for—
(I) activities eligible under chapter 1 of title 23, United States Code; and
(7) FEDERAL LAND MANAGEMENT AGENCY FUNDS.—
(8) DISADVANTAGED BUSINESS ENTERPRISES.—Section 1101(b) of the FAST Act (Public Law 114–94) shall apply to additional amounts made available under paragraph (1).
(b) Special rules for fiscal year 2021.—
(1) SUBALLOCATED AMOUNTS.—
(A) USE OF FUNDS.—Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under section 101(a)(2)(A) that are suballocated pursuant to section 133(d)(1)(A) of title 23, United States Code, may be obligated for—
(B) OBLIGATION AUTHORITY.—
(i) IN GENERAL.—A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals under section 133(d) of title 23, United States Code, funds apportioned to the State under section 104(b)(2) of such title shall make available during the period of fiscal years 2016 through 2021 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying—
(I) the aggregate amount of funds that the State is required to obligate in the area under section 133(d) of title 23, United States Code, during the period; and
(2) FERRY BOAT PROGRAM.—Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under section 101(a)(2)(A) that are made available for the construction of ferry boats and ferry terminal facilities under section 147 of title 23, United States Code, may be obligated—
(3) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.—In fiscal year 2021, the program carried out under section 117 of title 23, United States Code, shall, in addition to any otherwise applicable requirements, be subject to the following provisions:
(A) MULTIMODAL PROJECTS.—Notwithstanding subsection (d)(2)(A) of such section, the limitation for projects described in such subsection shall be $600,000,000 for fiscal years 2016 through 2021.
(B) ADDITIONAL CONSIDERATIONS.—Notwithstanding subsection (h)(2) of such section, the Secretary shall not consider the utilization of non-Federal contributions.
(C) EVALUATION AND RATING.—To evaluate applications for funding under such section, the Secretary shall—
(ii) evaluate, through a methodology that is discernible and transparent to the public, how each application addresses the merit criteria established by the Secretary;
(iii) assign a quality rating for each merit criteria for each application based on the evaluation under clause (ii);
(iv) ensure that applications receive final consideration by the Secretary to receive an award under such section only on the basis of such quality ratings and that the Secretary gives final consideration only to applications that meet the minimally acceptable level for each of the merit criteria; and
(D) PUBLICATION AND METHODOLOGY.—In any published notice of funding opportunity for a grant under such section, the Secretary shall include detailed information on the rating methodology and merit criteria to be used to evaluate applications.
(E) REPEAT APPLICATIONS.—
(i) BRIEFING.—The Secretary shall provide to each applicant that applied for, but did not receive, funding under such section in fiscal year 2019 or 2020, at the request of the applicant, the opportunity to receive a briefing to—
(ii) SUPPLEMENTARY APPLICATION.—
(F) CONGRESSIONAL NOTIFICATION.—A notification submitted pursuant to subsection (m) of such section shall include—
(i) a summary of each application submitted and, at the request of either Committee, a copy of any application submitted;
(c) Federal share.—
(1) IN GENERAL.—Except as provided in paragraph (3) and notwithstanding section 120 of title 23, United States Code, or any other provision of this division, the Federal share associated with funds described in paragraph (2) that are obligated during fiscal year 2021 may be up to 100 percent.
(2) FUNDS DESCRIBED.—The funds described in this paragraph are funds made available for the implementation or execution of Federal-aid highway and highway safety construction programs authorized under title 23 or 49, United States Code, the FAST Act (Public Law 114–94), or this division.
(d) Administrative expenses.—
(1) SELF-CERTIFICATION AND AUDIT.—
(A) IN GENERAL.—Prior to the obligation of funds for administrative expenses pursuant to paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or (6)(B)(ii)(II) of subsection (a) or paragraphs (1)(A)(ii) and (2)(B) of subsection (b), a State, a Tribe, Puerto Rico, or a territory, as applicable, shall certify to the Secretary that such administrative expenses meet the requirements of such paragraphs, as applicable.
(2) PLANNING.—Notwithstanding any other provision of law, administrative expenses described in paragraph (1)(A) shall not be required to be included in a metropolitan transportation plan, a long-range statewide transportation plan, a transportation improvement program, or a statewide transportation improvement program under sections 134 or 135 of title 23, United States Code, or chapter 53 of title 49, United States Code, as applicable.
(e) Definitions.—In this section, the following definitions apply:
(1) STANDARD AUGUST REDISTRIBUTION.—The term “standard August redistribution” means the redistribution of obligation authority that the Secretary is directed to administer under—
(A) section 1102(d) of the FAST Act (Public Law 114–94); or
(a) Additional amounts.—
(1) AUTHORIZATION OF APPROPRIATIONS FROM MASS TRANSIT ACCOUNT.—
(A) IN GENERAL.—In addition to amounts authorized under section 101, there is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for activities under this section, $5,794,851,538.
(B) APPORTIONMENT.—Amounts authorized under subparagraph (A) shall be apportioned in accordance with section 5310, section 5311 (other than subsections (b)(3), (c)(1)(A), and (c)(2) of such section), section 5336 (other than subsection (h)(4) of such section), section 5337, and section 5340 of title 49, United States Code, except that funds apportioned under section 5337 of such title shall be added to funds apportioned under section 5307 of such title for administration under section 5307 of such title.
(2) AUTHORIZATION OF APPROPRIATIONS FROM GENERAL FUND.—In addition to amounts authorized under section 101(a)(1)(B), there is authorized to be appropriated from the general fund of the Treasury—
(3) DISADVANTAGED BUSINESS ENTERPRISES.—Section 1101(b) of the FAST Act (Public Law 114–94) shall apply to additional amounts made available under this subsection.
(b) Special rules for fiscal year 2021.—
(1) USE OF FUNDS.—Notwithstanding 5307(a)(1) of title 49, United States Code, amounts made available under subsection (a)(1)(A) may be obligated for—
(2) CONDITIONS.—Recipients use of funds under paragraph (1) shall—
(3) OVERSIGHT.—
(4) ADMINISTRATION OF GRANTS.—Amounts made available under subsection (a)(1)(A) shall be administered, at the option of the recipient, as grants provided under the CARES Act (Public Law 116–136) are administered.
(c) CIG COVID–19 emergency relief program.—
(1) IN GENERAL.—From amounts made available under subsection (a)(2)(B) and notwithstanding section 5309(k)(2)(C)(ii), section 5309(a)(7)(B), or section 5309(l)(1)(B)(ii) of title 49, United States Code, at the request of a project sponsor, the Secretary shall use such sums as may be necessary to provide an additional 30 percent of total project costs for any project under—
(A) 5309(d) of title 49, United States Code, that has been approved for advancement into the engineering phase;
(B) 5309(e) of title 49, United States Code, that has entered into the project development phase or approved for advancement into the engineering phase;
(C) subsection (d) or (e) of section 5309 of title 49, United States Code, that has a full funding grant agreement entered into under either such subsection after January 1, 2017; and
(D) section 5309(h) of title 49, United States Code, that the Federal Transit Administration has a small starts grant award or agreement entered into after January, 1, 2017, or that has been recommended by the Administration for an allocation of capital investment funds that were appropriated in fiscal year 2018, 2019, or 2020.
(2) PROJECT ELIGIBILITY.—From amounts made available under subsection (a)(2)(B), the Secretary shall use such sums as may be necessary for projects under section 5309 of title 49, United States Code, that—
(3) DEFERRED LOCAL SHARE.—The Secretary shall allow a project sponsor to defer payment of the local share for any project described in paragraphs (1) and (2).
(4) TOTAL PROJECT COST.—In this subsection, the term “total project cost” means the most recent total project cost stipulated in—
(d) Federal share.—
(1) IN GENERAL.—Notwithstanding chapter 53 of title 49, United States Code, or any other provision of this division, the Federal share associated with funds described in paragraph (2) that are obligated during fiscal year 2021 may be up to 100 percent.
(2) FUNDS DESCRIBED.—The funds described in this paragraph are funds made available for the implementation of transit programs authorized by chapter 53 of title 49, United States Code, the FAST Act (Public Law 114–94), or this division, excluding funds made available to projects under section 5309 of title 49, United States Code.
(e) Condition for apportionment.—No funds authorized in this division or any other Act may be used to adjust Mass Transit Account apportionments or withhold funds from Mass Transit Account apportionments pursuant to section 9503(e)(4) of the Internal Revenue Code of 1986 in fiscal year 2021.
(a) Special funding for fiscal year 2021.—
(1) IN GENERAL.—
(A) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this subsection, $244,514,000.
(B) CONTRACT AUTHORITY.—Amounts authorized under subparagraph (A) shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.
(C) OBLIGATION LIMITATION.—Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under this paragraph and obligations for activities authorized under section 101(a)(2)(A)(i)(II)(bb) that exceed amounts authorized under section 4001(a)(6) of the FAST Act (Public Law 114–94) shall not exceed $247,783,000.
(b) Special rules for fiscal year 2021.—
(1) FEDERAL SHARE.—Notwithstanding sections 120, 405(b)(2), 405(c)(2), 405(d)(2) and 405(h)(2) of title 23, United States Code, the Federal share of activities for fiscal year 2021 carried out under chapter 4 of title 23, United States Code and section 1906 of SAFETEA–LU (23 U.S.C. 402 note) shall be 100 percent.
(2) PERIOD OF AVAILABILITY.—Notwithstanding section 118(b) of title 23, United States Code, funds apportioned or allocated to a State in fiscal years 2017 and 2018 under sections 402 and 405 of title 23, United States Code, and section 1906 of SAFETEA–LU (23 U.S.C. 402 note), shall remain available for obligation in that State for a period of 4 years after the last day of the fiscal year for which the funds are authorized. Notwithstanding any other provision of law, this paragraph shall apply as if such paragraph was enacted on September 30, 2020.
(3) MAINTENANCE OF EFFORT.—Notwithstanding section 405(a)(9) of title 23, United States Code, the Secretary may waive the maintenance of effort requirements under such section for fiscal year 2021 for a State, if the Secretary determines appropriate.
(4) IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH.—In carrying out subsection (h) of section 403 of title 23, United States Code, the Secretary may obligate from funds made available to carry out such section for fiscal year 2021 not more than $5,312,000 to conduct the research described in paragraph (1) of such subsection.
(5) COOPERATIVE RESEARCH AND EVALUATION.—Notwithstanding the apportionment formula set forth in section 402(c)(2) of title 23, United States Code, and section 403(f)(1) of title 23, United States Code, $2,500,000 of the total amount available for apportionment to the States for highway safety programs under section 402(c)(2) of title 23, United States Code, for each of fiscal years 2016 through 2021, shall be available for expenditure by the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, for a cooperative research and evaluation program to research and evaluate priority highway safety countermeasures. This paragraph shall apply as if such paragraph was enacted on October 1, 2015.
(a) Special funding for fiscal year 2021.—
(1) AUTHORIZATION OF APPROPRIATIONS.—
(2) DISTRIBUTION OF FUNDS.—Amounts authorized to be appropriated for fiscal year 2021 under paragraph (1) shall be distributed as follows:
(3) TREATMENT OF FUNDS.—Except as provided in subsection (b), amounts made available under this section shall be made available for obligation and administered as if made available under chapter 311 of title 49, United States Code.
(b) Special rules for fiscal year 2021.—
(1) FINANCIAL ASSISTANCE AGREEMENTS FEDERAL SHARE.—Notwithstanding chapter 311 of title 49, United States Code, or any regulations adopted pursuant to such chapter, for the duration of fiscal year 2021 with respect to all financial assistance made available under subsection (a) and section 101, the Secretary of Transportation may—
(2) FINANCIAL ASSISTANCE AGREEMENTS PERIOD OF AVAILABILITY.—Notwithstanding section 31104(f) of title 49, United States Code, the Secretary shall extend the periods of availability described in such section by 1 year.
(3) ADMINISTRATIVE EXPENSES.—The Administrator of the Federal Motor Carrier Safety Administration shall ensure that funds made available under subsection (a)(2)(B) are used, to the maximum extent practicable, to support—
(A) the acceleration of planned investments to modernize the Administration’s information technology and information management systems;
In this division, the following definitions apply:
(1) HIGHWAY ACCOUNT.—The term “Highway Account” means the portion of the Highway Trust Fund that is not the Mass Transit Account.
(2) MASS TRANSIT ACCOUNT.—The term “Mass Transit Account” means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986.
(a) Applicability.—This division, including the amendments made by this division, applies beginning on October 1, 2021.
(a) In general.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the national highway performance program under section 119 of title 23, United States Code, the pre-disaster mitigation program under section 124 of such title, the railway crossings program under section 130 of such title, the surface transportation program under section 133 of such title, the highway safety improvement program under section 148 of such title, the congestion mitigation and air quality improvement program under section 149 of such title, the national highway freight program under section 167 of such title, the carbon pollution reduction program under section 171 of such title, and metropolitan planning under section 134 of such title—
(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM.—For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $300,000,000 for each of fiscal years 2022 through 2025.
(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.—For construction of ferry boats and ferry terminal facilities under section 147 of title 23, United States Code, $120,000,000 for each of fiscal years 2022 through 2025.
(4) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—
(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal transportation program under section 202 of title 23, United States Code, $800,000,000 for each of fiscal years 2022 through 2025.
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—
(i) IN GENERAL.—For the Federal lands transportation program under section 203 of title 23, United States Code, $550,000,000 for each of fiscal years 2022 through 2025.
(ii) ALLOCATION.—Of the amount made available for a fiscal year under clause (i)—
(I) the amount for the National Park Service is $400,000,000 for each of fiscal years 2022 through 2025;
(5) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, $310,000,000 for each of fiscal years 2022 through 2025.
(6) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.—For projects of national and regional significance under section 117 of title 23, United States Code—
(7) COMMUNITY TRANSPORTATION INVESTMENT GRANTS.—To carry out section 173 of title 23, United States Code, $600,000,000 for each of fiscal years 2022 through 2025.
(b) Additional programs.—
(1) IN GENERAL.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(A) GRIDLOCK REDUCTION GRANT PROGRAM.—To carry out section 1306 of this Act, $250,000,000 for fiscal year 2022.
(B) REBUILD RURAL GRANT PROGRAM.—To carry out section 1307 of this Act, $250,000,000 for fiscal year 2022.
(C) PARKING FOR COMMERCIAL MOTOR VEHICLES.—To carry out section 1308 of this Act, $250,000,000 for fiscal year 2023.
(2) TREATMENT OF FUNDS.—Amounts made available under subparagraphs (B) through (D) of paragraph (1) shall be administered as if apportioned under chapter 1 of title 23, United States Code.
(c) Disadvantaged business enterprises.—
(1) FINDINGS.—Congress finds that—
(A) despite the real improvements caused by the disadvantaged business enterprise program, minority- and women-owned businesses across the country continue to confront serious and significant obstacles to success caused by race and gender discrimination in the federally assisted surface transportation market and related markets across the United States;
(B) the continuing race and gender discrimination described in subparagraph (A) merits the continuation of the disadvantaged business enterprise program;
(C) recently, the disparities cause by discrimination against African American, Hispanic American, Asian American, Native American, and women business owners have been further exacerbated by the coronavirus pandemic and its disproportionate effects on minority- and women-owned businesses across the nation;
(D) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and other investigative activities, scientific reports, reports issued by public and private agencies at every level of government, news reports, academic publications, reports of discrimination by organizations and individuals, and discrimination lawsuits, which continue to demonstrate that race- and gender-neutral efforts alone are insufficient to address the problem;
(E) the testimony and documentation described in subparagraph (D) demonstrate that discrimination across the United States poses an injurious and enduring barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has negatively affected firm formation, development and success in many aspects of surface transportation-related business in the public and private markets; and
(F) the testimony and documentation described in subparagraph (D) provide a clear picture of the inequality caused by discrimination that continues to plague our nation and a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business.
(2) DEFINITIONS.—In this subsection, the following definitions apply:
(A) SMALL BUSINESS CONCERN.—
(i) IN GENERAL.—The term “small business concern” means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).
(ii) EXCLUSIONS.—The term “small business concern” does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary of Transportation for inflation.
(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The term “socially and economically disadvantaged individuals” has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to the extent that the Secretary of Transportation determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, II, V, and VII of this division and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.
(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually—
(A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and
(5) UNIFORM CERTIFICATION.—
(A) IN GENERAL.—The Secretary of Transportation shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.
(6) REPORTING.—The Secretary of Transportation shall establish minimum requirements for use by State governments in reporting to the Secretary—
(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, V, and VII of this division and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.
(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUBCONTRACTORS.—It is the sense of Congress that—
(A) the Secretary of Transportation should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts under laws and regulations administered by the Secretary; and
(d) Limitation on financial assistance for state-Owned enterprises.—
(1) IN GENERAL.—Funds provided under this section may not be used in awarding a contract, subcontract, grant, or loan to an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—
(A) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this Act;
(B) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; and
(C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
(a) General limitation.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed—
(b) Exceptions.—The limitations under subsection (a) shall not apply to obligations under or for—
(2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240);
(8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation;
(12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (but, for fiscal years 2016 through 2021, only in an amount equal to $639,000,000 for each of those fiscal years);
(c) Distribution of obligation authority.—Subject to paragraph (1)(B), for each of fiscal years 2022 through 2025, the Secretary of Transportation—
(1) (A) shall not distribute obligation authority provided by subsection (a) for the fiscal year for—
(i) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code;
(iii) amounts authorized for the tribal transportation program under section 202 of title 23, United States Code; and
(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—
(A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years, the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and
(3) shall determine the proportion that—
(A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
(B) the total of—
(4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of such title, by multiplying—
(5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the surface transportation program in section 133(d)(1)(B) of title 23, United States Code, that are exempt from the limitation under subsection (b)(15) and the amounts apportioned under sections 202 and 204 of such title) in the proportion that—
(d) Redistribution of unused obligation authority.—Notwithstanding subsection (c), the Secretary of Transportation shall, after August 1 of each of fiscal years 2022 through 2025—
(e) Special limitation.—
(1) IN GENERAL.—Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for—
(A) transportation research programs carried out under chapter 5 of title 23, United States Code, and title V of this Act; and
(f) Lop-Off.—
(1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2025, the Secretary of Transportation shall distribute to the States any funds that—
Section 101 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), and (34) as paragraphs (2), (3), (4), (6), (8), (10), (11), (12), (13), (14), (16), (17), (18), (19), (20), (21), (23), (24), (25), (26), (28), (29), (32), (33), (34), (35), (36), (37), (38), (40), (41), (42), (43), and (44), respectively;
(D) in paragraph (6)(A), as so redesignated, by inserting “assessing resilience,” after “surveying,”;
(E) by inserting after paragraph (6), as so redesignated, the following:
“(7) CONTEXT SENSITIVE DESIGN PRINCIPLES.—The term ‘context sensitive design principles’ means principles for the design of a public road that—
“(A) provides for the safe and adequate accommodation, in all phases of project planning, design, and development, transportation facilities for users, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles; and
(F) by inserting after paragraph (8), as so redesignated, the following:
(G) by inserting after paragraph (14), as so redesignated, the following:
“(15) GREENHOUSE GAS.—The term ‘greenhouse gas’ has the meaning given the term in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)).”;
(H) by inserting after paragraph (21), as so redesignated, the following:
“(22) NATURAL INFRASTRUCTURE.—
“(A) IN GENERAL.—The term ‘natural infrastructure’ means infrastructure that uses, restores, or emulates natural ecological processes that—
“(i) is created through the action of natural physical, geological, biological, and chemical processes over time;
(I) by inserting after paragraph (26), as so redesignated, the following:
“(27) PROTECTIVE FEATURE.—
“(A) IN GENERAL.—The term ‘protective feature’ means an improvement to a highway or bridge designed to increase resilience or mitigate the risk of recurring damage or the cost of future repairs from climate change effects, extreme events, seismic activity, or any other natural disaster.
(J) by inserting after paragraph (29), as so redesignated, the following:
“(30) REPEATEDLY DAMAGED FACILITY.—The term ‘repeatedly damaged facility’ means a road, highway, or bridge that has required repair and reconstruction activities on 2 or more occasions due to natural disasters or catastrophic failures resulting in emergencies declared by the Governor of the State in which the road, highway, or bridge is located or emergencies or major disasters declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(K) by inserting after paragraph (38), as so redesignated, the following:
(L) by adding at the end the following:
“(45) TRANSPORTATION DEMAND MANAGEMENT; TDM.—The terms ‘transportation demand management’ and ‘TDM’ mean the use of strategies to inform and encourage travelers to maximize the efficiency of a transportation system leading to improved mobility, reduced congestion, and lower vehicle emissions.
“(46) TRANSPORTATION DEMAND MANAGEMENT STRATEGIES.—The term ‘transportation demand management strategies’ means the use of planning, programs, policy, marketing, communications, incentives, pricing, and technology to shift travel mode, routes used, departure times, number of trips, and location and design work space or public attractions.”; and
(2) in subsection (b)—
(B) in paragraph (3)—
(iv) by adding at the end the following:
“(I) safety is the highest priority of the Department of Transportation, and the Secretary and States should take all actions necessary to meet the transportation needs of the 21st century for all road users;
(a) In general.—Section 104 of title 23, United States Code, is amended—
(2) by striking subsections (b) and (c) and inserting the following:
“(b) Division among programs of State’s share of apportionment.—The Secretary shall distribute the amount apportioned to a State for a fiscal year under subsection (c) among the covered programs as follows:
“(1) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—For the national highway performance program, 55.09 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).
“(2) SURFACE TRANSPORTATION PROGRAM.—For the surface transportation program, 28.43 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).
“(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—For the highway safety improvement program, 6.19 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).
“(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—
“(A) IN GENERAL.—For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C).
“(B) TOTAL AMOUNT.—The total amount for the congestion mitigation and air quality improvement program for all States shall be—
“(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that—
“(5) NATIONAL HIGHWAY FREIGHT PROGRAM.—For the national highway freight program, 3.38 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).
“(6) METROPOLITAN PLANNING.—
“(A) IN GENERAL.—For metropolitan planning, an amount determined for the State under subparagraphs (B) and (C).
“(7) RAILWAY CROSSINGS.—
“(A) IN GENERAL.—For the railway crossings program, an amount determined for the State under subparagraphs (B) and (C).
“(B) TOTAL AMOUNT.—The total amount for the railway crossings program for all States shall be $245,000,000 for each of fiscal years 2022 through 2025.
“(C) STATE SHARE.—
“(i) IN GENERAL.—For each fiscal year, the Secretary shall distribute among the States the amount for the railway crossings program under subparagraph (B) as follows:
“(c) Calculation of amounts.—
“(1) STATE SHARE.—For each of fiscal years 2022 through 2025, the amount for each State shall be determined as follows:
“(A) INITIAL AMOUNTS.—The initial amounts for each State shall be determined by multiplying—
“(B) ADJUSTMENTS TO AMOUNTS.—The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available.
(3) in subsection (d)(1)(A)—
(c) Metropolitan transportation planning; title 23.—Section 134(p) of title 23, United States Code, is amended by striking “paragraphs (5)(D) and (6) of section 104(b)” and inserting “section 104(b)(6)”.
Section 105 of title 23, United States Code, is amended—
(2) in subsection (c)—
(B) by adding at the end the following:
“(4) SPECIAL RULE.—
“(A) ADJUSTMENT.—In making an adjustment under paragraph (1) for an allocation, reservation, or set-aside from an amount authorized from the Highway Account or Mass Transit Account described in subparagraph (B), the Secretary shall—
“(i) determine the ratio that—
“(B) ALLOCATIONS, RESERVATIONS, AND SET-ASIDES.—The allocations, reservations, and set-asides described in this subparagraph are—
(a) Apportionment.—Section 104 of title 23, United States Code, is amended by striking subsection (g) and inserting the following:
“(g) Highway Trust Fund transparency and accountability reports.—
“(1) REQUIREMENT.—
“(2) PROJECT DATA.—
“(A) IN GENERAL.—Not later than 120 days after the end of each fiscal year, the Secretary shall make available on the website of the Department of Transportation a report that describes—
“(i) the location of each active project within each State during such fiscal year, including in which congressional district or districts such project is located;
“(vi) whether such project is located in an area of persistent poverty, as defined in section 172(l);
“(B) INTERACTIVE MAP.—In addition to the data made available under subparagraph (A), the Secretary shall make available on the website of the Department of Transportation an interactive map that displays, for each active project, the information described in clauses (i) through (v) of subparagraph (A).
“(3) STATE DATA.—
“(A) APPORTIONED AND ALLOCATED PROGRAMS.—The website described in paragraph (2)(A) shall be updated annually to display the Federal-aid highway funds apportioned and allocated to each State under this title, including—
“(i) the amount of funding available for obligation by the State, including prior unobligated balances, at the start of the fiscal year;
“(B) PROGRAMMATIC DATA.—The data described in subparagraph (A) shall include—
“(i) the amount of funding by each apportioned and allocated program for which the State received funding under this title;
“(4) DEFINITIONS.—In this subsection:
“(A) ACTIVE PROJECT.—
(b) Project approval and oversight.—Section 106 of title 23, United States Code, is amended—
(1) in subsection (g)—
(A) in paragraph (4) by striking subparagraph (B) and inserting the following:
(B) by adding at the end the following:
“(6) FEDERAL FUNDING EXCHANGE PROGRAMS.—A State may implement a program under which a subrecipient has the option to exchange Federal funds allocated to such subrecipient in accordance with the requirements of this title for State or local funds if the State certifies to the Secretary that the State has prevailing wage and domestic content requirements that are comparable to the requirements under sections 113 and 313 and that such requirements shall apply to projects carried out using such funds if such projects would have been subject to the requirements of sections 113 and 313 if such projects were carried out using Federal funds.”;
(3) by adding at the end the following:
“(k) Megaprojects.—
“(1) COMPREHENSIVE RISK MANAGEMENT PLAN.—To be authorized for the construction of a megaproject, the recipient of Federal financial assistance under this title for such megaproject shall submit to the Secretary a comprehensive risk management plan that contains—
“(A) a description of the process by which the recipient will identify, quantify, and monitor the risks, including natural hazards, that might result in cost overruns, project delays, reduced construction quality, or reductions in benefits with respect to the megaproject;
“(2) PEER REVIEW GROUP.—
“(A) IN GENERAL.—Not later than 90 days after the date on which a megaproject is authorized for construction, the recipient of Federal financial assistance under this title for such megaproject shall establish a peer review group for such megaproject that consists of at least 5 individuals (including at least 1 individual with project management experience) to give expert advice on the scientific, technical, and project management aspects of the megaproject.
“(B) MEMBERSHIP.—
“(C) TASKS.—A peer review group established under subparagraph (A) by a recipient of Federal financial assistance for a megaproject shall—
“(ii) not later than 90 days after the date of the establishment of the peer review group and not later than 90 days after the date of any significant change, as determined by the Secretary, to the scope, schedule, or budget of the megaproject, review the scope, schedule, and budget of the megaproject, including planning, engineering, financing, and any other elements determined appropriate by the Secretary; and
“(l) Special experimental projects.—
“(1) PUBLIC AVAILABILITY.—The Secretary shall publish on the website of the Department of Transportation a copy of all letters of interest, proposals, workplans, and reports related to the special experimental project authority pursuant to section 502(b). The Secretary shall redact confidential business information, as necessary, from any such information published.
“(2) NOTIFICATION AND OPPORTUNITY FOR COMMENT.—Not later than 30 days before making a determination to proceed with an experiment under a letter of interest described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the letter of interest and the Secretary’s proposed response.
“(3) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of the INVEST in America Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes—
“(m) Competitive grant program oversight and accountability.—
“(1) IN GENERAL.—To ensure the accountability and oversight of the discretionary grant selection process administered by the Secretary, a covered program shall be subject to the requirements of this section, in addition to the requirements applicable to each covered program.
“(2) APPLICATION PROCESS.—The Secretary shall—
“(3) NOTIFICATION OF CONGRESS.—Not less than 15 days before making a grant for a covered program, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on the Environment and Public Works of the Senate of—
“(4) NOTIFICATION OF APPLICANTS.—Not later than 30 days after making a grant for a project under a covered program, the Secretary shall send to all applicants under such covered program, and publish on the website of the Department of Transportation—
“(5) BRIEFING.—The Secretary shall provide, at the request of a grant applicant of a covered program, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.
“(6) TEMPLATE.—The Secretary shall, to the extent practicable, develop a template as described in paragraph (2)(A) for any discretionary program administered by the Secretary that is not a covered program.
(a) Standards.—Section 109 of title 23, United States Code, is amended—
(1) in subsection (a)—
(2) in subsection (b)—
(A) by striking “The geometric” and inserting “Design criteria for the Interstate system.—The geometric”; and
(B) by striking “the types and volumes of traffic anticipated for such project for the twenty-year period commencing on the date of approval by the Secretary, under section 106 of this title, of the plans, specifications, and estimates for actual construction of such project” and inserting “the existing and future operational performance of the facility”;
(4) by striking subsection (o) and inserting the following:
“(o) Compliance with State laws for non-NHS projects.—
“(1) IN GENERAL.—Projects (other than highway projects on the National Highway System) shall—
“(2) DESIGN FLEXIBILITY.—
“(A) IN GENERAL.—A local jurisdiction may deviate from the roadway design publication used by the State in which the local jurisdiction is located for the design of a project on a roadway (other than a highway on the National Highway System) if—
(5) by adding at the end the following:
“(s) Context sensitive design.—
“(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.—The Secretary shall collaborate with the American Association of State Highway Transportation Officials to ensure that any roadway design publications approved by the Secretary under this section provide adequate flexibility for a project sponsor to select the appropriate design of a roadway, consistent with context sensitive design principles.
“(2) POLICIES OR PROCEDURES.—
“(A) IN GENERAL.—Not later than 1 year after the Secretary publishes the final guidance described in paragraph (3), each State shall adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design, consistent with context sensitive design principles.
“(3) GUIDANCE.—
“(A) IN GENERAL.—
“(i) NOTICE.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish guidance on the official website of the Department of Transportation on context sensitive design.
“(B) REQUIREMENTS.—The guidance described in this paragraph shall—
“(i) provide best practices for States, metropolitan planning organizations, regional transportation planning organizations, local governments, or other project sponsors to carry out context sensitive design principles;
“(ii) identify opportunities to modify planning, scoping, design, and development procedures to more effectively combine modes of transportation into integrated facilities that meet the needs of each of such modes of transportation in an appropriate balance;
“(iii) identify metrics to assess the context of the facility, including surrounding land use or roadside characteristics;
“(C) TOPICS OF EMPHASIS.—In publishing the guidance described in this paragraph, the Secretary shall emphasize—
“(i) procedures for identifying the needs of users of all ages and abilities of a particular roadway;
“(ii) procedures for identifying the types and designs of facilities needed to serve various modes of transportation;
“(v) procedures for overcoming the most common barriers to carrying out context sensitive design principles;
“(vi) procedures for identifying the costs associated with carrying out context sensitive design principles;
“(4) FUNDING.—Amounts made available under sections 104(b)(6) and 505 of this title may be used for States, local governments, metropolitan planning organizations, or regional transportation planning organizations to adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design, consistent with context sensitive design principles.”.
(b) Conforming amendment.—Section 1404(b) of the FAST Act (23 U.S.C. 109 note) is repealed.
(a) In general.—Section 120(c)(3)(B) of title 23, United States Code, is amended—
(1) by striking clauses (i) and (ii) and inserting the following:
Section 126(b) of title 23, United States Code, is amended—
(2) in paragraph (1) by striking “and 133(d)(1)(A)” and inserting “, 130, 133(d)(1)(A), 133(h), 149, and 171”; and
(3) by striking paragraph (2) and inserting the following:
“(2) ENVIRONMENTAL PROGRAMS.—With respect to an apportionment under either paragraph (4) or paragraph (9) of section 104(b), and notwithstanding paragraph (1), a State may only transfer not more than 50 percent from the amount of the apportionment of either such paragraph to the apportionment under the other such paragraph in a fiscal year.”.
(a) Toll roads, bridges, tunnels, and ferries.—Section 129 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) by striking paragraph (1) and inserting the following:
“(1) IN GENERAL.—
“(A) AUTHORIZATION.—Subject to the provisions of this section, Federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the—
“(i) initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;
“(ii) initial construction of 1 or more lanes or other improvements that increase capacity of a highway, bridge, or tunnel (other than a highway on the Interstate System) and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free lanes, excluding auxiliary lanes, after the construction is not less than the number of toll-free lanes, excluding auxiliary lanes, before the construction;
“(iii) initial construction of 1 or more lanes or other improvements that increase the capacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after such construction is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before such construction;
“(iv) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;
“(v) reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility;
“(vi) reconstruction of a toll-free Federal-aid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility;
“(vii) reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after reconstruction, restoration, or rehabilitation is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before reconstruction, restoration, or rehabilitation;
“(B) AGREEMENT TO TOLL.—
“(i) IN GENERAL.—Before the Secretary may authorize tolling under this subsection, the public authority with jurisdiction over a highway, bridge, or tunnel shall enter into an agreement with the Secretary to ensure compliance with the requirements of this subsection.
“(iii) MAJOR FEDERAL ACTION.—Approval by the Secretary of an agreement to toll under this paragraph shall be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(C) AGREEMENT CONDITIONS.—Prior to entering into an agreement to toll under subparagraph (B), the public authority shall certify to the Secretary that—
“(i) the public authority has established procedures to ensure the toll meets the purposes and requirements of this subsection;
“(D) CONSIDERATION OF IMPACTS.—
“(i) IN GENERAL.—Prior to entering into an agreement to toll under subparagraph (B), the Secretary shall ensure the public authority has adequately considered, including by providing an opportunity for public comment, the following factors within the corridor:
“(I) Congestion impacts on both the toll facility and in the corridor or cordon (including adjacent toll-free facilities).
“(E) CONGESTION PRICING.—
“(i) IN GENERAL.—The Secretary may authorize conversion of a non-tolled lane on the National Highway System to a toll facility to utilize pricing to manage the demand to use the facility by varying the toll amount that is charged.
“(ii) REQUIREMENT.—Prior to entering into an agreement to convert a non-tolled lane on the National Highway System to a toll facility, the Secretary shall ensure (in addition to the requirements under subparagraphs (B), (C), and (D)) that such toll facility and the planned investments to improve public transportation or other non-tolled alternatives in the corridor are reasonably expected to improve the operation of the cordon or corridor, as described in clauses (iii) and (iv).
“(iii) PERFORMANCE MONITORING.—A public authority that enters into an agreement to convert a non-tolled lane to a toll facility under this subparagraph shall—
“(iv) DETERMINATION.—
“(I) DEGRADED OPERATION.—For purposes of clause (iii)(III), the operation of a toll facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent of the time over a consecutive 180-day period during peak hour periods.
“(II) DEGRADED CORRIDOR OR CORDON.—For the purposes of clause (iii)(III), a corridor or cordon shall be considered to be degraded if congestion pricing or investments to improve public transportation or other non-tolled alternatives have not resulted in—
“(v) MAINTENANCE OF OPERATING PERFORMANCE.—
“(I) IN GENERAL.—Not later than 180 days after the date on which a facility or a corridor or cordon becomes degraded under clause (iv), the public authority with jurisdiction over the facility shall submit to the Secretary for approval a plan that details the actions the public authority will take to make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph.
“(II) NOTICE OF APPROVAL OR DISAPPROVAL.—Not later than 60 days after the date of receipt of a plan under subclause (I), the Secretary shall provide to the public authority a written notice indicating whether the Secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph.
“(III) UPDATE.—Until the date on which the Secretary determines that the public authority has brought the facility or corridor or cordon into compliance with this subparagraph, the public authority shall submit annual updates that describe—
“(IV) COMPLIANCE.—If a public authority fails to bring a facility into compliance under this subparagraph, the Secretary may subject the public authority to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded.
(B) in paragraph (3)—
(i) in subparagraph (A)—
(II) by striking clause (v) and inserting the following:
“(v) any project eligible under this title or chapter 53 of title 49 that improves the operation of the corridor or cordon by increasing person or freight throughput and reducing person hours of delay;
“(vi) toll discounts or rebates for users of the toll facility that have no reasonable alternative transportation method to the toll facility; and
“(vii) if the public authority certifies annually that the tolled facility is being adequately maintained and the cordon or corridor is not degraded under paragraph (1)(E), any revenues remaining after funding the activities described in clauses (i) through (vi) shall be considered surplus revenue and may be used for any other purpose for which Federal funds may be obligated by a State under this title or chapter 53 of title 49.”;
(ii) by striking subparagraph (B) and inserting the following:
“(B) TRANSPARENCY.—
“(i) ANNUAL AUDIT.—
(C) in paragraph (8) by striking “as of the date of enactment of the MAP–21, before commencing any activity authorized” and inserting “, before commencing any activity authorized”;
(E) by striking paragraph (10) and inserting the following:
“(10) INTEROPERABILITY OF ELECTRONIC TOLL COLLECTION.—All toll facilities on Federal-aid highways shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices.
“(11) NONCOMPLIANCE.—If the Secretary concludes that a public authority has not complied with the requirements of this subsection, the Secretary may require the public authority to discontinue collecting tolls until the public authority and the Secretary enter into an agreement for the public authority to achieve compliance with such requirements.
“(12) DEFINITIONS.—In this subsection, the following definitions apply:
“(A) FEDERAL PARTICIPATION.—The term ‘Federal participation’ means the use of funds made available under this title.
“(B) HIGH OCCUPANCY VEHICLE; HOV.—The term ‘high occupancy vehicle’ or ‘HOV’ means a vehicle with not fewer than 2 occupants.
“(C) INITIAL CONSTRUCTION.—
“(D) OVER-THE-ROAD BUS.—The term ‘over-the-road bus’ has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).
“(E) PUBLIC AUTHORITY.—The term ‘public authority’ means a State, interstate compact of States, or public entity designated by a State.
(b) Repeal of Interstate System reconstruction and rehabilitation pilot program.—Section 1216 of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note), and the item related to such section in the table of contents in section 1(b) of such Act, are repealed.
(c) Value pricing pilot program.—Section 1012(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note) is amended by adding at the end the following:
(d) Savings clause.—
(e) Report.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the implementation of the interoperability of toll collection as required under section 1512(b) of MAP–21, including an assessment of the progress in, and barriers on, such implementation.
Section 166 of title 23, United States Code, is amended—
(1) in subsection (b)—
(2) in subsection (d)(2)(A)(i) by striking “45 miles per hour, in the case of a toll facility with a speed of 50 miles per hour or greater” and inserting “35 miles per hour, in the case of a toll facility with a speed limit of 45 miles per hour or greater”;
(3) in subsection (d)(2)(B) by striking “morning or evening weekday peak hour periods (or both)” and inserting “peak hour periods”;
(4) in subsection (e)—
(5) in subsection (f)—
(B) in paragraph (6)(B)(i) by striking “public entity” and inserting “public transportation service that is a recipient or subrecipient of funds under chapter 53 of title 49”.
(a) In general.—Section 313 of title 23, United States Code, is amended—
(5) by adding at the end the following:
“(h) Waiver procedure.—
“(1) IN GENERAL.—Not later than 120 days after the submission of a request for a waiver, the Secretary shall make a determination under paragraph (1) or (2) of subsection (b) as to whether subsection (a) shall apply.
“(2) PUBLIC NOTIFICATION AND COMMENT.—
“(A) IN GENERAL.—Not later than 30 days before making a determination regarding a waiver described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the request for such waiver.
“(i) Review of nationwide waivers.—
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, and at least every 5 years thereafter, the Secretary shall review any standing nationwide waiver issued by the Secretary under this section to ensure such waiver remains justified.
“(j) Report.—Not later than 120 days after the last day of each fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Appropriations of the Senate a report on the waivers provided under subsection (h) during the previous fiscal year and the justifications for such waivers.”.
(b) SAFETEA–LU Technical Corrections Act of 2008.—Section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (23 U.S.C. 313 note) is repealed.
(a) In general.—Except as otherwise provided in subsection (b), notwithstanding any other provision of law, the Secretary shall require recipients of assistance under title 23, United States Code, and title I of division B this Act and the amendments made by this Act to comply with subsection (a) of section 113 of title 23, United States Code, with respect to all construction work, in the same manner that recipients of assistance under chapter 1 of such title are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.
Section 326(c)(3) of title 23, United States Code, is amended—
Section 327 of title 23, United States Code, is amended—
(a) Definitions.—In this section:
(1) APPLICABLE BRIDGE PROJECTS.—The term “applicable bridge projects” means a project for construction, alteration, or maintenance work, other than de minimus maintenance or repair work as determined by the applicable State department of transportation, on a bridge or overpass structure funded under title 23, United States Code.
(2) CERTIFIED CONTRACTOR.—The term “certified contractor” means a contracting or subcontracting firm that has been certified by a third party organization that evaluates the capability of the contractor or subcontractor to properly perform one or more specified aspects of applicable bridge projects as defined in subsection (b)(2).
(3) QUALIFIED TRAINING PROGRAM.—The term “qualified training program” means a training program in corrosion control, mitigation and prevention, that is either offered or accredited by an organization that sets industry corrosion standards or is recognized in corrosion management transportation structures by the Department of Transportation, for the purposes of controlling, mitigating and preventing corrosion, or a program registered under the Act of August 16, 1937 (29 U.S.C. 50 et seq.) (commonly known as the “National Apprenticeship Act”) that meets the requirements of parts 29 and 30 of title 29, Code of Federal Regulations, as in effect on January 1, 2020.
(b) Applicable bridge projects.—
(1) QUALITY CONTROL.—A certified contractor shall carry out aspects of an applicable bridge project described in paragraph (2).
(2) ASPECTS OF APPLICABLE BRIDGE PROJECTS.—Aspects of an applicable bridge project referred to in paragraph (1) include—
(B) removal of a lead-based or other hazardous coating from steel of an existing applicable bridge project;
(3) CORROSION MANAGEMENT SYSTEM.—A State transportation department shall—
(A) implement a corrosion management system that utilizes industry-recognized standards and corrosion mitigation and prevention methods to address—
(c) Training program.—As a condition of entering into a contract for an applicable bridge project, each certified contractor shall provide training, through a qualified training program, for each applicable craft or trade classification of employees that the certified contractor intends to employ to carry out aspects of applicable bridge projects as described in subsection (b)(2).
It is the sense of Congress that—
(1) States should utilize life-cycle cost analysis to evaluate the total economic cost of a transportation project over its expected lifetime; and
(2) data indicating that future repair costs associated with a transportation project frequently total more than half of the initial cost of the project, and that conducting life-cycle cost analysis prior to construction will help States identify the most cost-effective option, improve their economic performance, and lower the total cost of building and maintaining the project.
Section 119 of title 23, United States Code, is amended—
(1) by striking subsection (b) and inserting the following:
“(b) Purposes.—The purposes of the national highway performance program shall be—
“(1) to provide support for the condition and performance of the National Highway System, consistent with the asset management plans of States;
(2) in subsection (d)—
(A) in paragraph (1)(A) by striking “or freight movement on the National Highway System” and inserting “freight movement, environmental sustainability, transportation system access, or combating climate change”;
(C) in paragraph (2)—
(ii) in subparagraph (I) by inserting “, including the installation of safety barriers and nets on bridges on the National Highway System” after “National Highway System”; and
(iii) by adding at the end the following:
“(Q) Projects on or off the National Highway System to reduce greenhouse gas emissions that are eligible under section 171, including the installation of electric vehicle charging infrastructure.
“(R) Projects on or off the National Highway System to enhance resilience of a transportation facility, including protective features.
“(S) Projects and strategies to reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance under this section.
(D) by adding at the end the following:
“(3) a project that is otherwise eligible under this subsection to construct new capacity for single occupancy passenger vehicles only if the State—
“(A) has demonstrated progress in achieving a state of good repair, as defined in the State’s asset management plan, on the National Highway System;
“(B) demonstrates that the project—
“(i) supports the achievement of performance targets of the State established under section 150; and
“(ii) is more cost effective, as determined by benefit-cost analysis, than—
“(II) the construction of a transit project eligible for assistance under chapter 53 of title 49; or
(3) in subsection (e)—
(4) by adding at the end the following:
“(k) Benefit-cost analysis.—In carrying out subsection (d)(3)(B)(ii), the Secretary shall establish a process for analyzing the cost and benefits of projects under such subsection, ensuring that—
“(1) the benefit-cost analysis includes a calculation of all the benefits addressed in the performance measures established under section 150;
(a) Predisaster mitigation program.—
(1) IN GENERAL.—Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following:
Ҥ 124. Predisaster mitigation program
“(a) Establishment.—The Secretary shall establish and implement a predisaster mitigation program to enhance the resilience of the transportation system of the United States, mitigate the impacts of covered events, and ensure the efficient use of Federal resources.
“(b) Eligible activities.—
“(1) IN GENERAL.—Subject to paragraph (2), funds apportioned to the State under section 104(b)(8) may be obligated for construction activities, including construction of natural infrastructure or protective features and the development of such projects and programs that help agencies, to—
“(A) increase the resilience of a surface transportation infrastructure asset to withstand a covered event;
“(C) for an evacuation route identified in the vulnerability assessment required under section 134(i)(2)(I)(iii) or section 135(f)(10)(C)—
“(2) INFRASTRUCTURE RESILIENCE AND ADAPTATION.—No funds shall be obligated to a project under this section unless the project meets each of the following criteria:
“(A) The project is designed to ensure resilience over the anticipated service life of the surface transportation infrastructure asset.
“(B) The project is identified in the metropolitan or statewide transportation improvement program as a project to address resilience vulnerabilities, consistent with section 134(j)(3)(E) or 135(g)(5)(B)(iii).
“(C) For a project in a flood-prone area, the project sponsor considers hydrologic and hydraulic data and methods that integrate current and projected changes in flooding based on climate science over the anticipated service life of the surface transportation infrastructure asset and future forecasted land use changes.
“(3) PRIORITIZATION OF PROJECTS.—A State shall develop a process to prioritize projects under this section based on the degree to which the proposed project would—
“(c) Guidance.—The Secretary shall provide guidance to States to assist with the implementation of paragraphs (2) and (3) of subsection (b).
“(d) Definitions.—In this section:
“(1) COVERED EVENT.—The term ‘covered event’ means a climate change effect (including sea level rise), an extreme event, seismic activity, or any other natural disaster (including a wildfire or landslide).
“(2) SURFACE TRANSPORTATION INFRASTRUCTURE ASSET.—The term ‘surface transportation infrastructure asset’ means a facility eligible for assistance under this title or chapter 53 of title 49.”.
(2) CONFORMING AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following:
“124. Predisaster mitigation program.”.
(b) Metropolitan transportation planning.—
(1) AMENDMENTS TO TITLE 23.—
(A) CLIMATE CHANGE AND RESILIENCE.—Section 134(i)(2) of title 23, United States Code, is amended by adding at the end the following:
“(I) CLIMATE CHANGE AND RESILIENCE.—
“(i) IN GENERAL.—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.
“(ii) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transportation plan shall—
“(I) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;
“(iii) VULNERABILITY ASSESSMENT.—A long-range transportation plan shall incorporate a vulnerability assessment that—
“(I) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124);
“(II) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;
“(III) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;
“(IV) describes the metropolitan planning organization’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; and
“(V) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).
(2) AMENDMENTS TO TITLE 49.—
(A) CLIMATE CHANGE AND RESILIENCE.—Section 5303(i)(2) of title 49, United States Code, is amended by adding at the end the following:
“(I) CLIMATE CHANGE AND RESILIENCE.—
“(i) IN GENERAL.—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.
“(ii) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transportation plan shall—
“(I) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;
“(iii) VULNERABILITY ASSESSMENT.—A long-range transportation plan shall incorporate a vulnerability assessment that—
“(I) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124 of title 23);
“(II) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119 of title 23, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;
“(III) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;
“(IV) describes the metropolitan planning organization’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; and
“(V) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).
(c) Statewide and nonmetropolitan planning.—
(1) AMENDMENTS TO TITLE 23.—
(A) CLIMATE CHANGE AND RESILIENCE.—Section 135(f) of title 23, United States Code, is amended by adding at the end the following:
“(10) CLIMATE CHANGE AND RESILIENCE.—
“(A) IN GENERAL.—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.
“(B) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transportation plan shall—
“(i) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;
“(C) VULNERABILITY ASSESSMENT.—A long-range transportation plan shall incorporate a vulnerability assessment that—
“(i) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124);
“(ii) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;
“(iii) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;
“(iv) describes the States’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the State; and
“(v) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).
(2) AMENDMENTS TO TITLE 49.—
(A) CLIMATE CHANGE AND RESILIENCE.—Section 5304(f) of title 49, United States Code, is amended by adding at the end the following:
“(10) CLIMATE CHANGE AND RESILIENCE.—
“(A) IN GENERAL.—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.
“(B) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transportation plan shall—
“(i) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;
“(C) VULNERABILITY ASSESSMENT.—A long-range transportation plan shall incorporate a vulnerability assessment that—
“(i) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124 of title 23);
“(ii) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119 of title 23, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;
“(iii) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;
“(iv) describes the State’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the State; and
“(v) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).
(a) In general.—Section 125 of title 23, United States Code, is amended—
(3) in subsection (c)(2)(A) by striking “in any 1 fiscal year commencing after September 30, 1980,” and inserting “in any fiscal year”;
(4) in subsection (d)—
(C) by striking paragraphs (1) and (2) and inserting the following:
“(1) IN GENERAL.—The Secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accordance with this chapter.
“(2) RESTRICTIONS.—
“(A) IN GENERAL.—No funds shall be expended from the emergency fund authorized by this section unless—
“(i) an emergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and
“(B) COST LIMITATION.—The total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility unless the Secretary determines that the project incorporates economically justified betterments, including protective features to increase the resilience of the facility.
“(3) SPECIAL RULE FOR BRIDGE PROJECTS.—In no case shall funds be used under this section for the repair or reconstruction of a bridge—
(6) by redesignating subsections (c) through (g), as amended, as subsections (b) through (f), respectively; and
(7) by adding at the end the following:
“(g) Imposition of deadline.—
“(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may not require any project funded under this section to advance to the construction obligation stage before the date that is the last day of the sixth fiscal year after the later of—
“(2) EXTENSION OF DEADLINE.—If the Secretary imposes a deadline for advancement to the construction obligation stage pursuant to paragraph (1), the Secretary may, upon the request of the Governor of the State, issue an extension of not more than 1 year to complete such advancement, and may issue additional extensions after the expiration of any extension, if the Secretary determines the Governor of the State has provided suitable justification to warrant such an extension.
“(h) Predisaster hazard mitigation pilot program.—
“(1) IN GENERAL.—The Secretary shall establish a predisaster mitigation program for the purpose of mitigating future hazards posed to Federal-aid highways.
“(2) DISTRIBUTION OF FUNDS.—Every 6 months, the Secretary shall total the amount of funds made available to each State, territory, Tribal or other eligible entity under the emergency relief program under this section during the preceding 6 months and remit an additional 5 percent from the Highway Trust Fund to such entities for eligible activities described in paragraph (3).
“(3) ELIGIBLE ACTIVITIES.—Funds made available under paragraph (2) shall be used for mitigation projects and activities that the Secretary determines are cost effective and which substantially reduce the risk of, or increase resilience to, future damage as a result of natural disasters, including by flood, hurricane, tidal wave, earthquake, severe storm, or landslide, by upgrading existing assets to meet or exceed design standards adopted by the Federal Highway Administration by—
“(C) installing mitigation measures to prevent the impairment of transportation assets as a result of the intrusion of floodwaters;
“(4) REPORT.—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report detailing—
“(i) Improving the emergency relief program.—Not later than 90 days after the date of enactment of the INVEST in America Act, the Secretary shall—
“(1) revise the emergency relief manual of the Federal Highway Administration—
“(j) Definitions.—In this section:
“(1) COMPARABLE FACILITY.—The term ‘comparable facility’ means a facility that meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life.
“(2) CONSTRUCTION PHASE.—The term ‘construction phase’ means the phase of physical construction of a highway or bridge facility that is separate from any other identified phases, such as planning, design, or right-of-way phases, in the State transportation improvement program.
(b) Sunset.—On the date that is 5 years after the date of enactment of this Act, the authority provided under section 125(h) of title 23, United States Code, shall terminate.
(a) In general.—Section 130 of title 23, United States Code, is amended—
(1) in the section heading by striking “Railway-highway crossings” and inserting “Railway crossings”;
(2) in subsection (a)—
(3) by amending subsection (b) to read as follows:
“(b) Classification.—
“(1) IN GENERAL.—The construction of projects for the elimination of hazards at railway crossings represents a benefit to the railroad. The Secretary shall classify the various types of projects involved in the elimination of hazards of railway-highway crossings, and shall set for each such classification a percentage of the total project cost that represent the benefit to the railroad or railroads for the purpose of determining the railroad's share of the total project cost. The Secretary shall determine the appropriate classification of each project.
(5) by striking subsection (e) and inserting the following:
“(e) Railway crossings.—
“(1) ELIGIBLE ACTIVITIES.—Funds apportioned to a State under section 104(b)(7) may be obligated for the following:
“(A) The elimination of hazards at railway-highway crossings, including technology or protective upgrades.
“(B) Construction (including installation and replacement) of protective devices at railway-highway crossings.
“(C) Infrastructure and noninfrastructure projects and strategies to prevent or reduce suicide or trespasser fatalities and injuries along railroad rights-of-way and at or near railway-highway crossings.
“(D) Projects to mitigate any degradation in the level of access from a highway-grade crossing closure.
“(E) Bicycle and pedestrian railway grade crossing improvements, including underpasses and overpasses.
(7) by striking subsection (g) and inserting the following:
“(g) Report.—
“(1) STATE REPORT.—
“(A) IN GENERAL.—Not later than 2 years after the date of enactment of the INVEST in America Act, and at least biennially thereafter, each State shall submit to the Secretary a report on the progress being made to implement the railway crossings program authorized by this section and the effectiveness of such improvements.
“(2) DEPARTMENTAL REPORT.—
“(A) IN GENERAL.—Not later than 180 days after the deadline for the submission of a report under paragraph (1)(A), the Secretary shall publish on the website of the Department of Transportation a report on the progress being made by the State in implementing projects to improve railway-highway crossings.
“(B) CONTENTS.—The report under subparagraph (A) shall include—
“(ii) distribution of such projects by cost range, road system, nature of treatment, and subsequent accident experience at improved locations;
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by amending the item relating to section 130 to read as follows:
“130. Railway crossings.”.
(c) GAO study.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway crossing program under section 130 of title 23, United States Code.
(d) Sense of Congress relating to trespasser deaths along railroad rights-of-way.—It is the sense of Congress that the Department of Transportation should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings.
(a) In general.—Section 133 of title 23, United States Code, is amended—
(3) in subsection (b)—
(B) in paragraph (4) by striking “railway-highway grade crossings” and inserting “projects eligible under section 130 and installation of safety barriers and nets on bridges”;
(C) in paragraph (6)—
(i) by striking “Recreational” and inserting “Transportation alternatives projects eligible under subsection (h), recreational”; and
(ii) by striking “1404 of SAFETEA–LU (23 U.S.C. 402 note)” and inserting “211”; and
(D) by adding at the end the following:
“(16) Protective features (including natural infrastructure and vegetation control and clearance) to enhance the resilience of a transportation facility otherwise eligible for assistance under this section.
“(17) Projects to reduce greenhouse gas emissions eligible under section 171, including the installation of electric vehicle charging infrastructure.
“(18) Projects and strategies to reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance under this section.
“(19) A surface transportation project carried out in accordance with the national travel and tourism infrastructure strategic plan under section 1431(e) of the FAST Act (49 U.S.C. 301 note).”;
(5) in subsection (d)—
(A) in paragraph (1)—
(iii) in subparagraph (A)—
(I) by striking “the percentage specified in paragraph (6) for a fiscal year” and inserting “57 percent for fiscal year 2022, 58 percent for fiscal year 2023, 59 percent for fiscal year 2024, and 60 percent for fiscal year 2025”;
(B) by striking paragraph (3) and inserting the following:
“(3) LOCAL COORDINATION AND CONSULTATION.—
“(A) COORDINATION WITH METROPOLITAN PLANNING ORGANIZATIONS.—For purposes of paragraph (1)(A)(ii), a State shall—
“(B) JOINT RESPONSIBILITY.—Each State and the Secretary shall jointly ensure compliance with subparagraph (A).
“(C) CONSULTATION WITH REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS.—For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.”;
(C) in the heading for paragraph (4) by striking “over 200,000” and inserting “greater than 200,000”;
(D) by striking paragraph (6) and inserting the following:
“(6) TECHNICAL ASSISTANCE.—
“(A) IN GENERAL.—The State and all metropolitan planning organizations in the State that represent an urbanized area with a population of greater than 200,000 shall jointly establish a program to improve the ability of applicants to deliver projects under this subsection in an efficient and expeditious manner and reduce the period of time between the selection of the project and the obligation of funds for the project by providing—
(7) by striking subsection (f) and inserting the following:
“(f) Bridges not on Federal-Aid highways.—
“(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In this subsection, the term ‘off-system bridge’ means a bridge located on a public road, other than a bridge on a Federal-aid highway.
“(2) SPECIAL RULE.—
“(A) SET ASIDE.—Of the amounts apportioned to a State for each fiscal year under this section other than the amounts described in subparagraph (C), the State shall obligate for activities described in subsection (b)(2) (as in effect on the day before the date of enactment of the FAST Act) for off-system bridges an amount that is not less than 20 percent of the amounts available to such State under this section in fiscal year 2020, not including the amounts described in subparagraph (C).
“(B) REDUCTION OF EXPENDITURES.—The Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure.
“(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—Notwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge—
“(A) any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 133 and inserting the following:
“133. Surface transportation program.”.
(c) Conforming amendments.—
(1) ADVANCE ACQUISITION OF REAL PROPERTY.—Section 108(c) of title 23, United States Code, is amended—
(2) NONDISCRIMINATION.—Section 140(b) of title 23, United States Code, is amended by striking “block grant”.
(3) PUBLIC TRANSPORTATION.—Section 142(e)(2) of title 23, United States Code, is amended by striking “block grant”.
(4) HIGHWAY USE TAX EVASION PROJECTS.—Section 143(b)(8) of title 23, United States Code, is amended in the heading by striking “block grant”.
(5) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—Section 149(d) of title 23, United States Code, is amended—
(6) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—Section 165 of title 23, United States Code, is amended—
Section 133(h) of title 23, United States Code, is amended to read as follows:
“(h) Transportation alternatives program set-Aside.—
“(1) SET ASIDE.—For each fiscal year, of the total funds apportioned to all States under section 104(b)(2) for a fiscal year, the Secretary shall set aside an amount such that—
“(A) the Secretary sets aside a total amount under this subsection for a fiscal year equal to 10 percent of such total funds; and
“(B) the State’s share of the amount set aside under subparagraph (A) is determined by multiplying the amount set aside under subparagraph (A) by the ratio that—
“(2) ALLOCATION WITHIN A STATE.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsections (d) and (e), except that, for purposes of this paragraph (after funds are made available under paragraph (5))—
“(B) LOCAL CONTROL.—
“(i) IN GENERAL.—A State may make available up to 100 percent of the funds set aside under paragraph (1) to the entities described in subclause (I) if the State submits to the Secretary, and the Secretary approves, a plan that describes—
“(I) how such funds shall be made available to metropolitan planning organizations, regional transportation planning organizations, counties, or other regional transportation authorities;
“(3) ELIGIBLE PROJECTS.—Funds set aside under this subsection may be obligated for any of the following projects or activities:
“(A) Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
“(B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for nondrivers, including children, older adults, and individuals with disabilities to access daily needs.
“(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.
“(E) Community improvement activities, including—
“(F) Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 328(a) and 329.
“(G) Projects and strategies to reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance under this subsection.
“(K) Any other projects or activities described in section 101(a)(29) or section 213, as such sections were in effect on the day before the date of enactment of the FAST Act (Public Law 114–94).
“(4) ACCESS TO FUNDS.—
“(A) IN GENERAL.—A State, metropolitan planning organization required to obligate funds in accordance with paragraph (2)(A), or an entity required to obligate funds in accordance with paragraph (2)(B) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under such process in consultation with the relevant State.
“(B) ELIGIBLE ENTITY DEFINED.—In this paragraph, the term ‘eligible entity’ means—
“(vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer;
“(ix) any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization that serves an urbanized area with a population of over 200,000 or a State agency) that the State determines to be eligible, consistent with the goals of this subsection; and
“(5) CONTINUATION OF CERTAIN RECREATIONAL TRAILS PROJECTS.—
“(A) IN GENERAL.—For each fiscal year, a State shall—
“(i) obligate an amount of funds set aside under this subsection equal to 175 percent of the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2), as in effect on the day before the date of enactment of MAP–21, for projects relating to recreational trails under section 206;
“(6) IMPROVING ACCESSIBILITY AND EFFICIENCY.—
“(A) IN GENERAL.—A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing—
“(7) FEDERAL SHARE.—
“(A) FLEXIBLE MATCH.—
“(i) IN GENERAL.—Notwithstanding section 120—
“(8) FLEXIBILITY.—
“(A) STATE AUTHORITY.—
“(i) IN GENERAL.—A State may use not more than 50 percent of the funds set aside under this subsection that are available for obligation in any area of the State (suballocated consistent with the requirements of subsection (d)(1)(B)) for any purpose eligible under subsection (b).
“(ii) RESTRICTION.—Funds may be used as described in clause (i) only if the State demonstrates to the Secretary—
“(I) that the State held a competition in compliance with the requirements of this subsection in such form as the Secretary determines appropriate;
“(B) MPO AUTHORITY.—
“(i) IN GENERAL.—A metropolitan planning organization that represents an urbanized area with a population of greater than 200,000 may use not more than 50 percent of the funds set aside under this subsection for an urbanized area described in subsection (d)(1)(A)(i) for any purpose eligible under subsection (b).
(a) In general.—Section 144 of title 23, United States Code, is amended—
(1) in the section heading by striking “National bridge and tunnel inventory and inspection standards” and inserting “Bridges and tunnels”;
(3) in subsection (b)(5) by striking “structurally deficient bridge” and inserting “bridge classified as in poor condition”;
(4) in subsection (d)—
(6) by adding at the end the following:
“(l) Highway bridge replacement and rehabilitation.—
“(1) GOALS.—The goals of this subsection shall be to—
“(B) improve the safety, efficiency, and reliability of the movement of people and freight over bridges; and
“(2) BRIDGES ON PUBLIC ROADS.—
“(A) MINIMUM BRIDGE INVESTMENT.—Excluding the amounts described in subparagraph (C), of the total funds apportioned to a State under paragraphs (1) and (2) of section 104(b) for fiscal years 2022 to 2025, a State shall obligate not less than 20 percent for projects described in subparagraph (E).
“(B) PROGRAM FLEXIBILITY.—A State required to obligate funds under subparagraph (A) may use any combination of funds apportioned to a State under paragraphs (1) and (2) of section 104(b).
“(C) LIMITATION.—Amounts described below may not be used for the purposes of calculating or meeting the minimum bridge investment requirement under subparagraph (A)—
“(D) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to prohibit the expenditure of funds described in subparagraph (C) for bridge projects eligible under such section.
“(E) ELIGIBLE PROJECTS.—Funds required to be obligated in accordance with paragraph (2)(A) may be obligated for projects or activities that—
“(ii) support the achievement of performance targets of the State established under section 150 or provide support for the condition and performance of bridges on public roads within the State; and
“(iii) remove a bridge classified as in poor condition in order to improve community connectivity, or replace, reconstruct, rehabilitate, preserve, or protect a bridge included on the national bridge inventory authorized by subsection (b), including through—
“(IV) the use of innovative materials that extend the service life of the bridge and reduce preservation costs, as compared to conventionally designed and constructed bridges;
“(VII) application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions;
“(F) BUNDLES OF PROJECTS.—A State may use a bundle of projects as described in subsection (j) to satisfy the requirements of subparagraph (A), if each project in the bundle is otherwise eligible under subparagraph (E).
“(G) FLEXIBILITY.—The Secretary may, at the request of a State, reduce the required obligation under subparagraph (A) if—
“(i) the reduction is consistent with a State’s asset management plan for the National Highway System;
“(H) BRIDGE INVESTMENT REPORT.—The Secretary shall annually publish on the website of the Department of Transportation a bridge investment report that includes—
“(i) the total Federal funding obligated for bridge projects in the most recent fiscal year, on a State-by-State basis and broken out by Federal program;
“(ii) the total Federal funding obligated, on a State-by-State basis and broken out by Federal program, for bridge projects carried out pursuant to the minimum bridge investment requirements under subparagraph (A);
“(iii) the progress made by each State toward meeting the minimum bridge investment requirement under subparagraph (A) for such State, both cumulatively and for the most recent fiscal year;
“(iv) a summary of—
“(I) OFF-SYSTEM BRIDGES.—A State may apply amounts obligated under this subsection or section 133(f)(2)(A) to the obligation requirements of both this subsection and section 133(f).
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 144 and inserting the following:
“144. Bridges and tunnels. ”.
Section 147 of title 23, United States Code, is amended—
(a) In general.—Section 148 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (4)(B)—
(ii) in clause (xiii) by inserting “, including the development of a vulnerable road user safety assessment or a vision zero plan under section 1601 of the INVEST in America Act” after “safety planning”;
(B) in paragraph (11)—
(C) by redesignating paragraphs (10), (11), and (12) as paragraphs (12), (13), and (14), respectively;
(D) by inserting after paragraph (9) the following:
“(10) SAFE SYSTEM APPROACH.—The term ‘safe system approach’ means a roadway design that emphasizes minimizing the risk of injury or fatality to road users and that—
“(11) SPECIFIED SAFETY PROJECT.—
“(A) IN GENERAL.—The term ‘specified safety project’ means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan.
“(B) INCLUSION.—The term ‘specified safety project’ includes a project that—
“(i) promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users);
(E) by adding at the end the following:
“(15) VULNERABLE ROAD USER.—The term ‘vulnerable road user’ means a nonmotorist—
“(16) VULNERABLE ROAD USER SAFETY ASSESSMENT.—The term ‘vulnerable road user safety assessment’ means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l).”;
(2) in subsection (c)—
(3) in subsection (d)—
(4) in subsection (e)—
(A) in paragraph (1)(C) by striking “, without regard to whether the project is included in an applicable State strategic highway safety plan”; and
(B) by adding at the end the following:
“(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY PROJECTS.—
“(A) IN GENERAL.—To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects.
“(B) RULE OF STATUTORY CONSTRUCTION.—Nothing in this paragraph shall be construed to require a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph.
(5) in subsection (g)—
(A) by amending paragraph (1) to read as follows:
“(1) HIGH-RISK RURAL ROAD SAFETY.—
“(A) IN GENERAL.—If a State determines that the fatality rate on rural roads in such State for the most recent 2-year period for which data are available exceeds the median fatality rate for rural roads among all States, that State shall be required to—
“(B) SOURCE OF FUNDS.—Any amounts obligated under subparagraph (A) shall be from amounts described under section 133(d)(1)(B).
(C) by adding at the end the following:
“(3) VULNERABLE ROAD USER SAFETY.—
“(A) IN GENERAL.—Beginning on the date of enactment of the INVEST in America Act, if a State determines that the number of vulnerable road user fatalities and serious injuries per capita in such State over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries per capita among all States, that State shall be required to obligate over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 50 percent of the amount set aside in such State under section 133(h)(1) for fiscal year 2020, less any amounts obligated by a metropolitan planning organization in the State as required by subparagraph (D), for—
“(B) SOURCE OF FUNDS.—Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B).
“(C) ANNUAL DETERMINATION.—The determination described under subparagraph (A) shall be made on an annual basis.
“(D) METROPOLITAN PLANNING AREA WITH EXCESSIVE FATALITIES AND SERIOUS INJURIES PER CAPITA.—
“(i) ANNUAL DETERMINATION.—Beginning on the date of enactment of the INVEST in America Act, a metropolitan planning organization representing an urbanized area with a population greater than 200,000 shall annually determine the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period.
“(ii) REQUIREMENT TO OBLIGATE FUNDS.—If such a metropolitan planning area organization determines that the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries among all urbanized areas with a population of over 200,000, then there shall be obligated over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 50 percent of the amount set aside for that urbanized area under section 133(h)(2) for fiscal year 2020 for projects identified in the program of projects described in subsection (l)(7)(C).
“(E) SOURCE OF FUNDS.—
“(i) METROPOLITAN PLANNING ORGANIZATION IN STATE REQUIRED TO OBLIGATE FUNDS.—For a metropolitan planning organization in a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from such amounts required to be obligated for vulnerable road user safety under subparagraph (B) for projects described in subsection (l)(7).
“(ii) OTHER METROPOLITAN PLANNING ORGANIZATIONS.—For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7).”;
(6) in subsection (h)(1)(A) by inserting “, including any efforts to reduce vehicle speed” after “under this section”; and
(7) by adding at the end the following:
“(l) Vulnerable road user safety assessment.—
“(1) IN GENERAL.—Not later than 1 year after date of enactment of the INVEST in America Act, each State shall create a vulnerable road user safety assessment.
“(2) CONTENTS.—A vulnerable road user safety assessment required under paragraph (1) shall include—
“(A) a description of the location within the State of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location;
“(B) a description of any corridors identified by a State, in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors; and
“(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B), in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under subparagraph (B).
“(3) ANALYSIS.—In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data.
“(4) REQUIREMENTS.—In creating a vulnerable road user safety assessment under this subsection, a State shall—
(c) High-risk rural roads.—
(1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall update the study described in paragraph (1) of section 1112(b) of MAP–21 (23 U.S.C. 148 note).
(2) PUBLICATION OF REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an updated report of the report described in paragraph (2) of section 1112(b) of MAP–21 (23 U.S.C. 148 note).
(3) BEST PRACTICES MANUAL.—Not later than 180 days after the date of submission of the report described in paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP–21 (23 U.S.C. 148 note).
Section 149 of title 23, United States Code, is amended—
(1) in subsection (b)—
(3) by striking subsection (m) and inserting the following:
“(m) Operating assistance.—
“(1) PROJECTS.—A State may obligate funds apportioned under section 104(b)(4) in an area of such State that is otherwise eligible for obligations of such funds for operating costs under chapter 53 of title 49 or on a system for which CMAQ funding was made available, obligated, or expended in fiscal year 2012, or, notwithstanding subsection (b), on a State-supported Amtrak route with a cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 or alternative cost allocation under section 24712(g)(3) of title 49.
(a) Electric vehicle charging stations.—Chapter 1 of title 23, United States Code, is amended by inserting after section 154 the following new section:
Ҥ 155. Electric vehicle charging stations
“(a) In general.—Any electric vehicle charging infrastructure funded under this title shall be subject to the requirements of this section.
“(b) Interoperability.—
“(c) Open access to payment.—Electric vehicle charging stations shall provide payment methods available to all members of the public to ensure secure, convenient, and equal access and shall not be limited by membership to a particular payment provider.
“(d) Treatment of projects.—Notwithstanding any other provision of law, any project to install electric vehicle charging infrastructure shall be treated as if the project is located on a Federal-aid highway.
“(e) Certification.—The Secretary of Commerce shall certify that no electric vehicle charging stations installed under this section use minerals sourced or processed with child labor, as such term is defined in Article 3 of the International Labor Organization Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor (December 2, 2000), or in violation of human rights.”.
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 154 the following new item:
“155. Electric vehicle charging stations.”.
(c) Electric vehicle charging signage.—The Secretary of Transportation shall update the Manual on Uniform Traffic Control Devices to—
(d) Agreements relating to the use and access of rights-of-way of the interstate system.—Section 111 of title 23, United States Code, is amended by adding at the end the following:
Section 167 of title 23, United States Code, is amended—
(1) in subsection (b)—
(4) in subsection (h) by striking “Not later than” and all that follows through “shall prepare” and inserting “As part of the report required under section 503(b)(8), the Administrator shall biennially prepare”;
(5) in subsection (i)—
(C) in paragraph (5)—
(ii) in subparagraph (C)—
(I) in clause (iii) by inserting “and freight management and operations systems” after “freight transportation systems”; and
(II) by amending clause (xxiii) to read as follows:
“(xxiii) Freight intermodal or freight rail projects, including—
“(I) projects within the boundaries of public or private freight rail or water facilities (including ports);
(a) In general.—Chapter 1 of title 23, United States Code, is amended by adding at the end the following:
Ҥ 171. Carbon pollution reduction
“(a) Establishment.—The Secretary shall establish a carbon pollution reduction program to support the reduction of greenhouse gas emissions from the surface transportation system.
“(b) Eligible projects.—A project is eligible for funding under this section if such project—
“(1) is expected to yield a significant reduction in greenhouse gas emissions from the surface transportation system;
“(2) will help a State meet the greenhouse gas emissions performance targets established under section 150(c)(7); and
“(c) Guidance.—The Secretary shall issue guidance on methods of determining the reduction of single occupant vehicle trips and improvement of mobility on public roads as those factors relate to intercity rail passenger transportation projects under subsection (b)(4).
“(d) Operating expenses.—A State may use not more than 10 percent of the funds provided under section 104(b)(9) for the operating expenses of public transportation and passenger rail transportation projects.
“(e) Single-Occupancy vehicle highway facilities.—None of the funds provided under this section may be used for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility and is consistent with section 166.
“(f) Evaluation.—
“(1) IN GENERAL.—The Secretary shall annually evaluate the progress of each State in carrying out the program under this section by comparing the percent change in carbon dioxide emissions per capita on public roads in the State calculated as—
“(2) MEASURES.—In conducting the evaluation under paragraph (1), the Secretary shall—
“(A) prior to the effective date of the greenhouse gas performance measures under section 150(c)(7), use such data as are available, which may include data on motor fuels usage published by the Federal Highway Administration and information on emissions factors or coefficients published by the Energy Information Administration of the Department of Energy; and
“(g) Progress report.—The Secretary shall annually issue a carbon pollution reduction progress report, to be made publicly available on the website of the Department of Transportation, that includes—
“(h) High-Performing States.—
“(1) DESIGNATION.—For purposes of this section, each State that is 1 of the 15 highest ranked States, as determined under subsection (g)(2), and that achieves a reduction in carbon dioxide emissions per capita on public roads, as determined by the evaluation in subsection (f), shall be designated as a high-performing State for the following fiscal year.
“(2) USE OF FUNDS.—For each State that is designated as a high-performing State under paragraph (1)—
“(3) TRANSFER.—For each State that is 1 of the 15 lowest ranked States, as determined under subsection (g)(2), the Secretary shall transfer 10 percent of the amount apportioned to the State under section 104(b)(2) in the fiscal year following the year in which the State is so ranked, not including amounts set aside under section 133(d)(1)(A) and under section 133(h) or 505(a), to the apportionment of the State under section 104(b)(9).
“(i) Report.—Not later than 2 years after the date of enactment of this section and periodically thereafter, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue a report—
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following new item:
“171. Carbon pollution reduction.”.
(c) Applicability.—Subsection (b)(2) of section 171 of title 23, United States Code, as added by this section, shall apply to a State beginning on the first fiscal year following the fiscal year in which the State sets greenhouse gas performance targets under section 150(d) of title 23, United States Code.
Section 206 of title 23, United States Code, is amended by adding at the end the following:
(a) In general.—Chapter 2 of title 23, United States Code, is amended by inserting after section 210 the following:
Ҥ 211. Safe routes to school program
“(a) Program.—The Secretary shall carry out a safe routes to school program for the benefit of children in primary, middle, and high schools.
“(b) Purposes.—The purposes of the program shall be—
“(1) to enable and encourage children, including those with disabilities, to walk and bicycle to school;
“(c) Use of funds.—Amounts apportioned to a State under paragraphs (2) and (3) of section 104(b) may be used to carry out projects, programs, and other activities under this section.
“(d) Eligible entities.—Projects, programs, and activities funded under this section may be carried out by eligible entities described under section 133(h)(4)(B) that demonstrate an ability to meet the requirements of this section.
“(e) Eligible projects and activities.—
“(1) INFRASTRUCTURE-RELATED PROJECTS.—
“(A) IN GENERAL.—A State may obligate funds under this section for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.
“(2) NONINFRASTRUCTURE-RELATED ACTIVITIES.—In addition to projects described in paragraph (1), a State may obligate funds under this section for noninfrastructure-related activities to encourage walking and bicycling to school, including—
“(f) Federal share.—The Federal share of the cost of a project, program, or activity under this section shall be 100 percent.
“(g) Clearinghouse.—
“(h) Treatment of projects.—Notwithstanding any other provision of law, projects carried out under this section shall be treated as projects on a Federal-aid highway under chapter 1 of this title.
(b) Technical and conforming amendments.—
(1) REPEAL.—Section 1404 of SAFETEA–LU (Public Law 109–59; 119 Stat. 1228–1230), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.
(2) ANALYSIS.—The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 210 the following:
“211. Safe routes to school program.”.
Section 217 of title 23, United States Code, is amended—
(2) in subsection (e) by striking “bicycles” and inserting “pedestrians or bicyclists” each place such term appears; and
(3) in subsection (j) by striking paragraph (2) and inserting the following:
“(2) ELECTRIC BICYCLE.—The term ‘electric bicycle’ means mean a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts that can safely share a bicycle transportation facility with other users of such facility and meets the requirements of one of the following three classes:
“(A) CLASS 1 ELECTRIC BICYCLE.—The term ‘class 1 electric bicycle’ means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(a) In general.—Section 117 of title 23, United States Code, is amended to read as follows:
Ҥ 117. Projects of national and regional significance
“(a) Establishment.—The Secretary shall establish a projects of national and regional significance program under which the Secretary may make grants to, and establish multiyear grant agreements with, eligible entities in accordance with this section.
“(b) Applications.—To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, in such manner, and containing such information as the Secretary may require.
“(c) Grant amounts and project costs.—
“(1) IN GENERAL.—Each grant made under this section—
“(B) shall be for a project that has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—
“(2) LARGE PROJECTS.—For a project that has eligible project costs that are reasonably anticipated to equal or exceed $500,000,000, a grant made under this section—
“(d) Multiyear grant agreements for large projects.—
“(1) IN GENERAL.—A large project that receives a grant under this section may be carried out through a multiyear grant agreement in accordance with this subsection.
“(2) REQUIREMENTS.—A multiyear grant agreement for a large project shall—
“(3) SPECIAL RULES.—
“(B) CONTINGENT COMMITMENT.—A contingent commitment under this subsection is not an obligation of the Federal Government under section 1501 of title 31.
“(C) INTEREST AND OTHER FINANCING COSTS.—
“(i) IN GENERAL.—Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing.
“(e) Eligible projects.—
“(1) IN GENERAL.—The Secretary may make a grant under this section only for a project that is a project eligible for assistance under this title or chapter 53 of title 49 and is—
“(A) a bridge project carried out on the National Highway System, or that is eligible to be carried out under section 165;
“(B) a project to improve person throughput that is—
“(C) a project to improve freight throughput that is—
“(i) a highway freight project carried out on the National Highway Freight Network established under section 167 or on the National Highway System;
“(f) Eligible project costs.—An eligible entity receiving a grant under this section may use such grant for—
“(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
“(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance.
“(g) Project requirements.—The Secretary may select a project described under this section for funding under this section only if the Secretary determines that the project—
“(1) generates significant regional or national economic, mobility, safety, resilience, or environmental benefits;
“(4) has secured or will secure acceptable levels of non-Federal financial commitments, including—
“(h) Merit criteria and considerations.—
“(1) MERIT CRITERIA.—In awarding a grant under this section, the Secretary shall evaluate the following merit criteria:
“(B) The level of benefits the project is expected to generate, including—
“(i) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project;
“(iv) improved person or freight throughput, including congestion reduction and reliability improvements;
“(2) ADDITIONAL CONSIDERATIONS.—In awarding a grant under this section, the Secretary shall also consider the following:
“(A) Whether the project serves low-income residents of low-income communities, including areas of persistent poverty, while not displacing such residents.
“(B) Whether the project uses innovative technologies, innovative design and construction techniques, or pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes and, if so, the degree to which such technologies, techniques, or materials are used.
“(i) Project selection.—
“(1) EVALUATION.—To evaluate applications for funding under this section, the Secretary shall—
“(B) evaluate, through a methodology that is discernible and transparent to the public, how each application addresses the merit criteria pursuant to subsection (h);
“(C) assign a quality rating for each merit criteria for each application based on the evaluation in subparagraph (B);
“(D) ensure that applications receive final consideration by the Secretary to receive an award under this section only on the basis of such quality ratings and that the Secretary gives final consideration only to applications that meet the minimally acceptable level for each of the merit criteria; and
“(2) CONSIDERATIONS FOR LARGE PROJECTS.—In awarding a grant for a large project, the Secretary shall—
“(3) GEOGRAPHIC DISTRIBUTION.—In awarding grants under this section, the Secretary shall ensure geographic diversity and a balance between rural and urban communities among grant recipients over fiscal years 2022 through 2025.
“(4) PUBLICATION OF METHODOLOGY.—
“(A) IN GENERAL.—Prior to the issuance of any notice of funding opportunity for grants under this section, the Secretary shall publish and make publicly available on the Department’s website—
“(B) UPDATES.—The Secretary shall update and make publicly available on the website of the Department of Transportation such information at any time a revision to the information described in subparagraph (A) is made.
“(C) INFORMATION REQUIRED.—The Secretary shall include in the published notice of funding opportunity for a grant under this section detailed information on the rating methodology and merit criteria to be used to evaluate applications, or a reference to the information on the website of the Department of Transportation, as required by subparagraph (A).
“(j) Federal share.—
“(1) IN GENERAL.—The Federal share of the cost of a project carried out with a grant under this section may not exceed 60 percent.
“(2) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.
“(k) Treatment of projects.—
“(1) FEDERAL REQUIREMENTS.—The Secretary shall, with respect to a project funded by a grant under this section, apply—
“(B) the requirements of chapter 53 of title 49 to a public transportation project; and
“(2) MULTIMODAL PROJECTS.—
“(A) IN GENERAL.—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—
“(B) EXCEPTIONS.—
“(3) FEDERAL-AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.
“(l) TIFIA program.—At the request of an eligible entity under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.
“(m) Administration.—Of the amounts made available to carry out this section, the Secretary may use up to $5,000,000 for the costs of administering the program under this section.
“(n) Technical assistance.—Of the amounts made available to carry out this section, the Secretary may reserve up to $5,000,000 to provide technical assistance to eligible entities.
“(o) Congressional Review.—
“(1) NOTIFICATION.—Not less than 60 days before making an award under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate—
“(C) a list of applications that received final consideration by the Secretary to receive an award under this section;
“(p) Transparency.—
“(q) Definitions.—In this section:
“(1) AREAS OF PERSISTENT POVERTY.—The term ‘areas of persistent poverty’ has the meaning given such term in section 172(l).
“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
“(B) a unit of local government, including a metropolitan planning organization, or a group of local governments;
“(D) a special purpose district or public authority with a transportation function, including a port authority;
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 117 and inserting the following:
“117. Projects of national and regional significance.”.
(a) In general.—Chapter 1 of title 23, United States Code, as amended by this title, is further amended by adding at the end the following:
Ҥ 173. Community transportation investment grant program
“(a) Establishment.—The Secretary shall establish a community transportation investment grant program to improve surface transportation safety, state of good repair, accessibility, and environmental quality through infrastructure investments.
“(b) Grant authority.—
“(c) Applications.—To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.
“(d) Eligible project costs.—Grant amounts for an eligible project carried out under this section may be used for—
“(e) Rural and community setasides.—
“(1) IN GENERAL.—The Secretary shall reserve—
“(f) Evaluation.—To evaluate applications under this section, the Secretary shall—
“(1) develop a process to objectively evaluate applications on the benefits of the project proposed in such application—
“(2) develop a rating system to assign a numeric value to each application, based on each of the criteria described in paragraph (1);
“(g) Weighting.—In establishing the evaluation process under subsection (f), the Secretary may assign different weights to the criteria described in subsection (f)(1) based on project type, population served by a project, and other context-sensitive considerations, provided that—
“(h) Transparency.—
“(1) PUBLICLY AVAILABLE INFORMATION.—Prior to the issuance of any notice of funding opportunity under this section, the Secretary shall make publicly available on the website of the Department of Transportation a detailed explanation of the evaluation and rating process developed under subsection (f), including any differences in the weighting of criteria pursuant to subsection (g), if applicable, and update such website for each revision of the evaluation and rating process.
“(2) NOTIFICATIONS TO CONGRESS.—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate the following written notifications:
“(A) A notification when the Secretary publishes or updates the information required under paragraph (1).
“(i) Technical assistance.—Of the amounts made available to carry out this section, the Secretary may reserve up to $3,000,000 to provide technical assistance to eligible entities.
“(j) Administration.—Of the amounts made available to carry out this section, the Secretary may reserve up to $5,000,000 for the administrative costs of carrying out the program under this section.
“(k) Treatment of projects.—
“(1) FEDERAL REQUIREMENTS.—The Secretary shall, with respect to a project funded by a grant under this section, apply—
“(B) the requirements of chapter 53 of title 49 to a public transportation project; and
“(2) MULTIMODAL PROJECTS.—
“(A) IN GENERAL.—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—
“(B) EXCEPTIONS.—
“(3) FEDERAL-AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.
“(l) Transparency.—
“(m) Definitions.—In this section:
“(2) ELIGIBLE PROJECT.—The term ‘eligible project’ means any project eligible under this title or chapter 53 of title 49.”.
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following new item:
“173. Community transportation investment grant program.”.
(a) Purpose.—The purpose of this section is to establish a grant program to strategically deploy electric vehicle charging infrastructure, natural gas fueling, propane fueling, and hydrogen fueling infrastructure along designated alternative fuel corridors that will be accessible to all drivers of electric vehicles, natural gas vehicles, propane vehicles, and hydrogen vehicles.
(b) Grant program.—Section 151 of title 23, United States Code, is amended—
(1) in subsection (a) by striking “Not later than 1 year after the date of enactment of the FAST Act, the Secretary shall” and inserting “The Secretary shall periodically”;
(2) in subsection (b)(2) by inserting “previously designated by the Federal Highway Administration or” after “fueling corridors”;
(3) in subsection (d)—
(4) in subsection (e)—
(B) in paragraph (2)—
(C) by adding at the end the following:
“(3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, and natural gas fueling infrastructure at the State, tribal, and local level to allow for the predictable deployment of such infrastructure; and
“(4) summarizes the progress and implementation of the grant program under subsection (f), including—
“(A) a description of how funds awarded through the grant program under subsection (f) will aid efforts to achieve strategic deployment of electric vehicle charging infrastructure, natural gas fueling, propane fueling, and hydrogen fueling infrastructure in those corridors;
(5) by adding at the end the following:
“(f) Electric vehicle charging, natural gas fueling, propane fueling, and hydrogen fueling infrastructure grants.—
“(1) ESTABLISHMENT.—Not later than 1 year after the date of enactment of the INVEST in America Act, the Secretary shall establish a grant program to award grants to eligible entities for electric vehicle charging, natural gas fueling, propane fueling, and hydrogen fueling infrastructure projects.
“(2) ELIGIBLE ENTITY.—An entity eligible to receive a grant under this subsection is—
“(D) a special purpose district or public authority with a transportation function, including a port authority;
“(3) APPLICATION.—To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including—
“(A) a description of—
“(i) the public accessibility of the charging or fueling infrastructure proposed to be funded with a grant under this subsection, including—
“(ii) collaborative engagement with the entity with jurisdiction over the roadway and any other relevant stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging, natural gas, propane, and hydrogen fuel providers, metropolitan planning organizations, States, Indian Tribes, units of local government, fleet owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction and component parts suppliers, and multistate and regional entities)—
“(I) to foster enhanced, coordinated, public-private or private investment in electric vehicle charging, natural gas fueling, propane fueling, and hydrogen fueling infrastructure;
“(iii) the location of the station or fueling site, including consideration of—
“(I) the availability of onsite amenities for vehicle operators, including restrooms or food facilities;
“(II) access in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
“(iv) infrastructure installation that can be responsive to technology advancements, including accommodating autonomous vehicles and future charging methods;
“(B) an assessment of the estimated greenhouse gas emissions and air pollution from vehicle emissions that will be reduced through the use of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure, which shall be conducted using one standardized methodology or tool as determined by the Secretary.
“(4) CONSIDERATIONS.—In selecting eligible entities to receive a grant under this subsection, the Secretary shall—
“(A) consider the extent to which the application of the eligible entity would—
“(i) reduce estimated greenhouse gas emissions and air pollution from vehicle emissions, weighted by the total Federal investment in the project;
“(iv) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance;
“(v) support a long-term competitive market for electric vehicle charging infrastructure, natural gas fueling, propane fueling, or hydrogen fueling infrastructure that does not significantly impair existing electric vehicle charging or hydrogen fueling infrastructure providers; and
“(vi) reducing greenhouse gas emissions in established goods-movement corridors, locations serving first- and last-mile freight near ports and freight hubs, and locations that optimize infrastructure networks and reduce hazardous air pollutants in communities disproportionately impacted by such pollutants; and
“(5) USE OF FUNDS.—
“(B) LOCATION OF INFRASTRUCTURE.—
“(i) IN GENERAL.—Any electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section or by a State or group of States.
“(ii) EXCEPTION.—Notwithstanding clause (i), the Secretary may make a grant for electric vehicle charging or hydrogen fueling infrastructure not on a designated alternative fuel corridor if the applicant demonstrates that the proposed charging or fueling infrastructure would expand deployment of electric vehicle charging or hydrogen fueling to a greater number of users than investments on such corridor.
“(C) OPERATING ASSISTANCE.—
“(i) IN GENERAL.—Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds for operating assistance for the first 5 years of operations after the installation of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure while the facility transitions to independent system operations.
“(D) SIGNS.—
“(i) IN GENERAL.—Subject to this paragraph and paragraph (6)(B), an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install—
“(E) REVENUE.—An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph (F) may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure.
“(F) PRIVATE ENTITY.—
“(i) IN GENERAL.—An eligible entity receiving a grant under this subsection may use the funds in accordance with this paragraph to contract with a private entity for installation, operation, or maintenance of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure.
“(8) CERTIFICATION.—The Secretary of Commerce shall certify that no projects carried out under this subsection use minerals sourced or processed with child labor, as such term is defined in Article 3 of the International Labor Organization Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor (December 2, 2000), or in violation of human rights.”.
(a) In general.—Chapter 1 of title 23, United States Code, as amended by this title, is further amended by inserting after section 171 the following:
Ҥ 172. Community climate innovation grants
“(a) Establishment.—The Secretary shall establish a community climate innovation grant program (in this section referred to as the ‘Program’) to make grants, on a competitive basis, for locally selected projects that reduce greenhouse gas emissions while improving the mobility, accessibility, and connectivity of the surface transportation system.
“(b) Purpose.—The purpose of the Program shall be to support communities in reducing greenhouse gas emissions from the surface transportation system.
“(c) Eligible applicants.—The Secretary may make grants under the Program to the following entities:
“(d) Applications.—To be eligible for a grant under the Program, an entity specified in subsection (c) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate.
“(e) Eligible projects.—The Secretary may only provide a grant under the Program for a project that is expected to yield a significant reduction in greenhouse gas emissions from the surface transportation system and—
“(1) is a project eligible for assistance under this title or under chapter 53 of title 49 or supports fueling infrastructure for fuels defined under section 9001(5) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(5)); or
“(f) Eligible uses.—Grant amounts received for a project under the Program may be used for—
“(g) Project prioritization.—In making grants for projects under the Program, the Secretary shall give priority to projects that are expected to yield the most significant reductions in greenhouse gas emissions from the surface transportation system.
“(h) Additional considerations.—In making grants for projects under the Program, the Secretary shall consider the extent to which—
“(2) a project reduces dependence on single-occupant vehicle trips or provides additional transportation options;
“(3) a project improves the connectivity and accessibility of the surface transportation system, particularly to low- and zero-emission forms of transportation, including public transportation, walking, and bicycling;
“(4) an applicant has adequately considered or will adequately consider, including through the opportunity for public comment, the environmental justice and equity impacts of the project;
“(5) a project contributes to geographic diversity among grant recipients, including to achieve a balance between urban, suburban, and rural communities;
“(6) a project serves low-income residents of low-income communities, including areas of persistent poverty, while not displacing such residents;
“(7) a project uses pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes;
“(8) a project repurposes neglected or underused infrastructure, including abandoned highways, bridges, railways, trail ways, and adjacent underused spaces, into new hybrid forms of public space that support multiple modes of transportation; and
“(9) a project includes regional multimodal transportation system management and operations elements that will improve the effectiveness of such project and encourage reduction of single occupancy trips by providing the ability of users to plan, use, and pay for multimodal transportation alternatives.
“(j) Treatment of projects.—
“(1) FEDERAL REQUIREMENTS.—The Secretary shall, with respect to a project funded by a grant under this section, apply—
“(B) the requirements of chapter 53 of title 49 to a public transportation project; and
“(2) MULTIMODAL PROJECTS.—
“(A) IN GENERAL.—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—
“(B) EXCEPTIONS.—
“(3) FEDERAL-AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.
“(k) Single-Occupancy vehicle highway facilities.—None of the funds provided under this section may be used for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high-occupancy vehicle facility and is consistent with section 166.
“(l) Definition of areas of persistent poverty.—In this section, the term ‘areas of persistent poverty’ means—
“(1) any county that has had 20 percent or more of the population of such county living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates;
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 171 the following:
“172. Community climate innovation grants.”.
(a) Establishment.—The Secretary of Transportation shall directly allocate funds in accordance with this section to enhance local decision making and control in delivering projects to address local transportation needs.
(b) Designation.—
(1) IN GENERAL.—The Secretary shall designate direct recipients based on the criteria in paragraph (3) to be direct recipients of funds under this section.
(2) RESPONSIBILITIES.—A direct recipient shall be responsible for compliance with any requirements related to the use of Federal funds vested in a State department of transportation under chapter 1 of title 23, United States Code.
(3) CRITERIA.—In designating an applicant under this subsection, the Secretary shall consider—
(B) the level of coordination between the applicant and—
(i) the State department of transportation of the State or States in which the metropolitan planning area represented by the applicant is located;
(C) in the case of an applicant that represents an urbanized area population of greater than 200,000, the effectiveness of project delivery and timely obligation of funds made available under section 133(d)(1)(A)(i) of title 23, United States Code;
(D) if the applicant or a local government within the metropolitan planning area that the applicant represents has been the recipient of a discretionary grant from the Secretary within the preceding 5 years, the administration of such grant;
(E) the extent to which the planning and decision making process of the applicant, including the long-range transportation plan and the approved transportation improvement program under section 134 of such title, support—
(4) REQUIREMENTS.—
(A) CALL FOR NOMINATION.—Not later than February 1, 2022, the Secretary shall publish in the Federal Register a notice soliciting applications for designation under this subsection.
(6) TERMINATION.—
(A) IN GENERAL.—The Secretary shall establish procedures for the termination of a designation under this subsection.
(B) CONSIDERATIONS.—In establishing procedures under subparagraph (A), the Secretary shall consider—
(i) with respect to projects carried out under this section, compliance with the requirements of title 23, United States Code, or chapter 53 of title 49, United States Code; and
(c) Use of funds.—
(d) Responsibilities of direct recipients.—
(1) DIRECT AVAILABILITY OF FUNDS.—Notwithstanding title 23, United States Code, the amounts made available under this section shall be allocated to each direct recipient for obligation.
(2) PROJECT DELIVERY.—
(A) IN GENERAL.—The direct recipient may collaborate with a State, unit of local government, regional entity, or transit agency to carry out a project under this section and ensure compliance with all applicable Federal requirements.
(3) DISTRIBUTION OF AMOUNTS AMONG DIRECT RECIPIENTS.—
(A) IN GENERAL.—Subject to subparagraph (B), on the first day of the fiscal year for which funds are made available under this section, the Secretary shall allocate such funds to each direct recipient as the proportion of the population (as determined by data collected by the Bureau of the Census) of the urbanized area represented by any 1 direct recipient bears to the total population of all of urbanized areas represented by all direct recipients.
(B) MINIMUM AND MAXIMUM AMOUNTS.—Of funds allocated to direct recipients under subparagraph (A), each direct recipient shall receive not less than $10,000,000 and not more than $50,000,000 each fiscal year.
(C) MINIMUM GUARANTEED AMOUNT.—In making a determination whether to designate a metropolitan planning organization as a direct recipient under subsection (b), the Secretary shall ensure that each direct recipient receives the minimum required allocation under subparagraph (B).
(D) ADDITIONAL AMOUNTS.—If any amounts remain undistributed after the distribution described in this subsection, such remaining amounts and an associated amount of obligation limitation shall be made available as if suballocated under clauses (i) and (ii) of section 133(d)(1)(A) of title 23, United States Code, and distributed among the States in the proportion that the relative shares of the population (as determined by data collected by the Bureau of the Census) of the urbanized areas of each State bears to the total populations of all urbanized areas across all States.
(4) ASSUMPTION OF RESPONSIBILITY OF THE SECRETARY.—
(A) IN GENERAL.—For projects carried out with funds provided under this section, the direct recipient may assume the responsibilities of the Secretary under section 106 of title 23, United States Code, for design, plans, specifications, estimates, contract awards, and inspections with respect to the projects unless the Secretary determines that the assumption is not appropriate.
(e) Expenditure of funds.—
(1) CONSISTENCY WITH METROPOLITAN PLANNING.—Except as otherwise provided in this section, programming and expenditure of funds for projects under this section shall be consistent with the requirements of section 134 of title 23, United States Code, and section 5303 of title 49, United States Code.
(2) SELECTION OF PROJECTS.—
(A) IN GENERAL.—Notwithstanding subsections (j)(5) and (k)(4) of section 134 of title 23, United States Code, or subsections (j)(5) and (k)(4) of section 5303 of title 49, United States Code, a direct recipient shall select, from the approved transportation improvement program under such sections, all projects to be funded under this section, including projects on the National Highway System.
(B) ELIGIBLE PROJECTS.—The project selection process described in this subsection shall apply to all federally funded projects within the boundaries of a metropolitan planning area served by a direct recipient that are carried out under this section.
(3) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to limit the ability of a direct recipient to partner with a State department of transportation or other recipient of Federal funds under title 23, United States Code, or chapter 53 of title 49, United States Code, to carry out a project.
(f) Treatment of funds.—
(1) IN GENERAL.—Except as provided in this section, funds made available to carry out this section shall be administered as if apportioned under chapter 1 of title 23, United States Code.
(g) Report.—
(1) DIRECT RECIPIENT REPORT.—Not later than 60 days after the end of each fiscal year, each direct recipient shall submit to the Secretary a report that includes—
(2) REPORT TO CONGRESS.—Not later than October 1, 2024, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
(B) describes the efforts undertaken by both direct recipients and the Secretary to ensure compliance with the requirements of title 23 and chapter 53 of title 49, United States Code;
(C) analyzes the capacity of direct recipients to receive direct allocations of funds under chapter 1 of title 23, United States Code; and
(h) Definitions.—
(1) DIRECT RECIPIENT.—In this section, the term “direct recipient” means a metropolitan planning organization designated by the Secretary as high-performing under subsection (b) and that was directly allocated funds as described in subsection (d).
(2) METROPOLITAN PLANNING AREA.—The term “metropolitan planning area” has the meaning given such term in section 134 of title 23, United States Code.
(3) METROPOLITAN PLANNING ORGANIZATION.—The term “metropolitan planning organization” has the meaning given such term in section 134 of title 23, United States Code.
(4) NATIONAL HIGHWAY SYSTEM.—The term “National Highway System” has the meaning given such term in section 101 of title 23, United States Code.
(a) Establishment.—The Secretary of Transportation shall establish a gridlock reduction program to make grants, on a competitive basis, for projects to reduce, and mitigate the adverse impacts of, traffic congestion.
(b) Applications.—To be eligible for a grant under this section, an applicant shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate.
(c) Eligible Applicants.—The Secretary may make grants under this section to an applicant that is serving an urbanized area, as designated by the Bureau of the Census, with a population of not less than 1,000,000 and that is—
(d) Eligible Projects.—The Secretary may award grants under this section to applicants that submit a comprehensive program of surface transportation-related projects to reduce traffic congestion and related adverse impacts, including a project for 1 or more of the following:
(8) Transportation demand management, including employer-based commuting programs such as carpool, vanpool, transit benefit, parking cashout, shuttle, or telework programs.
(9) A project to provide transportation options to reduce traffic congestion, including—
(A) a project under chapter 53 of title 49, United States Code;
(B) a bicycle or pedestrian project, including a project to provide safe and connected active transportation networks; and
(C) a surface transportation project carried out in accordance with the national travel and tourism infrastructure strategic plan under section 1431(e) of the FAST Act (49 U.S.C. 301 note).
(e) Award Prioritization.—
(1) IN GENERAL.—In selecting grants under this section, the Secretary shall prioritize applicants serving urbanized areas, as described in subsection (c), that are experiencing a high degree of recurrent transportation congestion, as determined by the Secretary.
(f) Federal share.—
(1) IN GENERAL.—The Federal share of the cost of a project carried out under this section may not exceed 60 percent.
(2) MAXIMUM FEDERAL SHARE.—Federal assistance other than a grant for a project under this section may be used to satisfy the non-Federal share of the cost of such project, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.
(g) Use of funds.—Funds made available for a project under this section may be used for—
(h) Funding.—
(i) Freight project set-Aside.—
(1) IN GENERAL.—The Secretary shall set aside not less than 50 percent of the funds made available to carry out this section for grants for freight projects under this subsection.
(2) ELIGIBLE USES.—The Secretary shall provide funds set aside under this subsection to applicants that submit a comprehensive program of surface transportation-related projects to reduce freight-related traffic congestion and related adverse impacts, including—
(3) AWARD PRIORITIZATION.—
(A) IN GENERAL.—In providing funds set aside under this section, the Secretary shall prioritize applicants serving urbanized areas, as described in subsection (c), that are experiencing a high degree of recurrent congestion due to freight transportation, as determined by the Secretary.
(B) ADDITIONAL CONSIDERATIONS.—In providing funds set aside under this subsection, the Secretary shall consider the extent to which the proposed project—
(i) reduces freight-related traffic congestion and improves the reliability of the freight transportation system;
(ii) mitigates the adverse impacts of freight-related traffic congestion on the surface transportation system, including safety and environmental impacts;
(j) Report.—
(1) RECIPIENT REPORT.—The Secretary shall ensure that not later than 2 years after the Secretary awards grants under this section, the recipient of each such grant submits to the Secretary a report that contains—
(2) REPORT TO CONGRESS.—Not later than 9 months after the date specified in paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate, and make publicly available on a website, a report detailing—
(B) recommendations and best practices to—
(i) reduce traffic congestion, including freight-related traffic congestion, and improve the reliability of the surface transportation system;
(k) Notification.—Not later than 3 business days before awarding a grant under this section, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate of the intention to award such a grant.
(l) Treatment of projects.—
(1) FEDERAL REQUIREMENTS.—The Secretary shall, with respect to a project funded by a grant under this section, apply—
(B) the requirements of chapter 53 of title 49, United States Code, to a public transportation project; and
(2) MULTIMODAL PROJECTS.—
(A) IN GENERAL.—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—
(B) EXCEPTIONS.—
(3) FEDERAL-AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 of title 23, United States Code, with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.
(m) Treatment of funds.—Except as provided in subsection (l), funds authorized for the purposes described in this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
(a) Establishment.—The Secretary of Transportation shall establish a rebuild rural grant program to improve the safety, state of good repair, and connectivity of transportation infrastructure in rural communities.
(b) Grant authority.—
(d) Applications.—To be eligible for a grant under this section, an entity specified under subsection (c) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate.
(e) Eligible projects.—The Secretary shall provide grants under this section to projects eligible under title 23, United States Code, including projects on and off the Federal-aid highway system, that improve safety, state of good repair, or connectivity in a rural community, including projects to—
(1) improve transportation safety, including projects on high-risk rural roads and on Federal lands;
(2) improve state of good repair, including projects to repair and rehabilitate bridges on and off the Federal-aid highway system;
(f) Eligible project costs.—Grant amounts for a project under this section may be used for—
(g) Federal share.—
(h) Priority.—In making grants under this section, the Secretary shall prioritize projects that address—
(i) Notification.—Not later than 3 business days before awarding a grant under this section, the Secretary of Transportation shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the intention to award such a grant.
(a) Establishment.—The Secretary of Transportation shall establish a program under which the Secretary shall make grants, on a competitive basis, to eligible entities to address the shortage of parking for commercial motor vehicles to improve the safety of commercial motor vehicle operators.
(b) Applications.—To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.
(c) Eligible projects.—Projects eligible under this section are projects that—
(2) construct commercial motor vehicle parking facilities—
(3) open existing weigh stations, safety rest areas, and park-and-ride facilities to commercial motor vehicle parking;
(4) facilitate access to publicly and privately provided commercial motor vehicle parking, such as through the use of intelligent transportation systems;
(6) make capital improvements to public commercial motor vehicle parking facilities that are closed on a seasonal basis to allow the facilities to remain open year-round;
(7) open existing commercial motor vehicle chain-up areas that are closed on a seasonal basis to allow the facilities to remain open year-round for commercial motor vehicle parking;
(d) Use of funds.—
(1) IN GENERAL.—An eligible entity may use a grant under this section for—
(e) Selection criteria.—In making grants under this section, the Secretary shall consider—
(1) in the case of construction of new commercial motor vehicle parking capacity, the shortage of public and private commercial motor vehicle parking near the project; and
(f) Notification of Congress.—Not later than 3 business days before announcing a project selected to receive a grant under this section, the Secretary of Transportation shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the intention to award such a grant.
(g) Treatment of funds.—
(1) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, any project funded by a grant under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code.
(h) Prohibition on charging fees.—To be eligible for a grant under this section, an eligible entity shall certify that no fees will be charged for the use of a project assisted with such grant.
(i) Amendment to MAP–21.—Section 1401(c)(1) of MAP–21 (23 U.S.C. 137 note) is amended—
(j) Survey; comparative assessment; report.—
(1) UPDATE.—Not later than 2 years after the date of enactment of this Act, the Secretary shall update the survey of each State required under section 1401(c)(1) of the MAP–21 (23 U.S.C. 137 note).
(2) REPORT.—Not later than 1 year after the deadline under paragraph (1), the Secretary shall publish on the website of the Department of Transportation a report that—
(A) evaluates the availability of adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation;
(k) Definitions.—In this section:
(1) COMMERCIAL MOTOR VEHICLE.—The term “commercial motor vehicle” has the meaning given such term in section 31132 of title 49, United States Code.
(a) Establishment.—The Secretary of Transportation shall establish an active transportation connectivity grant program to provide for safe and connected active transportation facilities.
(b) Grant authority.—In carrying out the program established in subsection (a), the Secretary shall make grants, on a competitive basis, in accordance with this section.
(c) Eligible applicants.—The Secretary may make a grant under this section to—
(d) Applications.—To be eligible for a grant under this section, an entity specified under subsection (c) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate.
(e) Eligible projects.—The Secretary shall provide grants under this section to projects that improve the connectivity and the use of active transportation facilities—
(f) Planning grants.—Of the amounts made available to carry out this section, the Secretary may use not more than 10 percent to provide planning grants to eligible applicants for activities under subsection (e)(1)(C).
(g) Considerations.—In making grants under this section, the Secretary shall consider the extent to which—
(1) a project is likely to provide substantial additional opportunities for walking and bicycling, including through the creation of—
(2) an applicant has adequately considered or will consider, including through the opportunity for public comment, the environmental justice and equity impacts of the project;
(h) Limitation.—
(i) Eligible project costs.—Amounts made available for a project under this section may be used for—
(j) Notification.—Not later than 3 business days before awarding a grant under this section, the Secretary of Transportation shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the intention to award such a grant.
(k) Treatment of projects.—Notwithstanding any other provision of law, a project carried out under this section shall be treated in the manner described under section 133(i) of title 23, United States Code.
(l) Definitions.—In this section:
(1) ACTIVE TRANSPORTATION.—The term “active transportation” means mobility options powered primarily by human energy, including bicycling and walking.
(2) ACTIVE TRANSPORTATION NETWORK.—The term “active transportation network” means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect destinations within a community, a metropolitan area, or on Federal lands.
(3) ACTIVE TRANSPORTATION SPINE.—The term “active transportation spine” means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect communities, metropolitan areas, Federal lands, or States.
Section 134 of title 23, United States Code, is amended—
(1) in subsection (a) by striking “resiliency needs while minimizing transportation-related fuel consumption and air pollution” and inserting “resilience and climate change adaptation needs while reducing transportation-related fuel consumption, air pollution, and greenhouse gas emissions”;
(3) in subsection (c)—
(4) in subsection (d)—
(A) in paragraph (2) by striking “Not later than 2 years after the date of enactment of MAP–21, each” and inserting “Each”;
(B) in paragraph (3) by adding at the end the following:
“(D) CONSIDERATIONS.—
“(i) EQUITABLE AND PROPORTIONAL REPRESENTATION.—In designating officials or representatives under paragraph (2), the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area.
(5) in subsection (g)—
(C) in paragraph (3)(A) by inserting “emergency response and evacuation, climate change adaptation and resilience,” after “disaster risk reduction,”; and
(D) by adding at the end the following:
“(4) COORDINATION BETWEEN MPOS.—
“(A) IN GENERAL.—If more than 1 metropolitan planning organization is designated within an urbanized area under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting transportation demand.
(6) in subsection (h)(1)—
(A) by striking subparagraph (E) and inserting the following:
“(E) protect and enhance the environment, promote energy conservation, reduce greenhouse gas emissions, improve the quality of life and public health, and promote consistency between transportation improvements and State and local planned growth and economic development patterns, including housing and land use patterns;”;
(D) by inserting after subparagraph (I) the following:
“(L) support inclusive zoning policies and land use planning practices that incentivize affordable, elastic, and diverse housing supply, facilitate long-term economic growth by improving the accessibility of housing to jobs, and prevent high housing costs from displacing economically disadvantaged households; and”;
(7) in subsection (h)(2) by striking subparagraph (A) and inserting the following:
“(A) IN GENERAL.—Through the use of a performance-based approach, transportation investment decisions made as a part of the metropolitan transportation planning process shall support the national goals described in section 150(b), the achievement of metropolitan and statewide targets established under section 150(d), the improvement of transportation system access (consistent with section 150(f)), and the general purposes described in section 5301 of title 49.”;
(8) in subsection (i)—
(A) in paragraph (2)(D)(i) by inserting “reduce greenhouse gas emissions and” before “restore and maintain”;
(B) in paragraph (2)(G) by inserting “and climate change” after “infrastructure to natural disasters”;
(D) in paragraph (5)—
(i) in subparagraph (A) by inserting “air quality, public health, housing, transportation, resilience, hazard mitigation, emergency management,” after “conservation,”; and
(E) by amending paragraph (6)(C) to read as follows:
“(C) METHODS.—
“(i) IN GENERAL.—In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—
“(ii) ADDITIONAL METHODS.—In addition to the methods described in clause (i), in carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—
Section 135 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1) by striking “statewide transportation improvement program” and inserting “STIP”;
(2) in subsection (d)—
(A) in paragraph (1)—
(ii) in subparagraph (I)—
(iv) by inserting after subparagraph (I) the following:
“(L) support inclusive zoning policies and land use planning practices that incentivize affordable, elastic, and diverse housing supply, facilitate long-term economic growth by improving the accessibility of housing to jobs, and prevent high housing costs from displacing economically disadvantaged households; and”;
(4) in subsection (f)—
(A) in paragraph (2)(D)—
(i) in clause (i) by inserting “air quality, public health, housing, transportation, resilience, hazard mitigation, emergency management,” after “conservation,”; and
(B) in paragraph (3)(B)—
(iii) by adding at the end the following:
“(ii) ADDITIONAL METHODS.—In addition to the methods described in clause (i), in carrying out subparagraph (A), the State shall, to the maximum extent practicable—
(5) in subsection (g)—
(A) in paragraph (1)(A) by striking “statewide transportation improvement program” and inserting “STIP”;
(C) in paragraph (4) by striking “statewide transportation improvement program” and inserting “STIP” each place it appears;
(D) in paragraph (5)—
(ii) in subparagraph (B)(ii) by striking “metropolitan transportation improvement program” and inserting “TIP”;
(iii) in subparagraph (C) by striking “transportation improvement program” and inserting “STIP” each place it appears;
(v) in subparagraph (F)(i) by striking “transportation improvement program” and inserting “STIP” each place it appears;
(6) in subsection (h)(2)(A) by striking “Not later than 5 years after the date of enactment of the MAP–21,” and inserting “Not less frequently than once every 4 years,”;
(a) In general.—Section 150 of title 23, United States Code, is amended—
(2) in subsection (c)—
(A) in paragraph (1) by striking “Not later than 18 months after the date of enactment of the MAP–21, the Secretary” and inserting “The Secretary”; and
(3) in subsection (d)—
(A) in paragraph (1)—
(4) in subsection (e)—
(5) by adding at the end the following:
“(f) Transportation system access.—
“(1) IN GENERAL.—The Secretary shall establish measures for States and metropolitan planning organizations to use to assess the level of safe, reliable, and convenient transportation system access to—
“(2) CONSIDERATIONS.—The measures established pursuant to paragraph (1) shall include the ability for States and metropolitan planning organizations to assess—
“(A) the change in the level of transportation system access for various modes of travel, including connection to other modes of transportation, that would result from new transportation investments;
(b) Metropolitan transportation planning.—Section 134 of title 23, United States Code, is further amended—
(1) in subsection (j)(2)(D)—
(C) by adding at the end the following:
“(ii) TRANSPORTATION MANAGEMENT AREAS.—For metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection (k), the TIP shall include—
(2) in subsection (k)—
(A) in paragraph (3)(A)—
(iii) by adding at the end the following:
“(ii) the overall level of transportation system access for various modes of travel within the metropolitan planning area, including the level of access for economically disadvantaged communities, consistent with section 150(f), that is based on a cooperatively developed and implemented metropolitan-wide strategy, assessing both new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49.”; and
(3) in subsection (l)(2)—
(A) by striking “5 years after the date of enactment of the MAP–21” and inserting “2 years after the date of enactment of the INVEST in America Act, and every 2 years thereafter”;
(B) in subparagraph (C) by striking “and whether metropolitan planning organizations are developing meaningful performance targets; and” and inserting a semicolon; and
(C) by striking subparagraph (D) and inserting the following:
(c) Statewide and nonmetropolitan transportation planning.—Section 135(g)(4) of title 23, United States Code, is further amended—
(d) Effective date.—The amendment made by subsection (a)(3)(B) shall take effect 1 year before the subsequent State target and reporting deadlines established pursuant to section 150 of title 23, United States Code.
(e) Development of greenhouse gas measure.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to carry out paragraph (7) of section 150(c) of title 23, United States Code, as added by this Act.
(f) Development of transportation system access measure.—
(1) ESTABLISHMENT.—Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish a working group to assess the provisions of paragraphs (1) and (2) of section 150(f) and make recommendations regarding the establishment of measures for States and metropolitan planning organizations to use to assess the level of transportation system access for various modes of travel, consistent with section 150(f) of title 23, United States Code.
(2) MEMBERS.—The working group established pursuant to paragraph (1) shall include representatives from—
(B) State departments of transportation, including representatives that specialize in pedestrian and bicycle safety;
(3) REPORT.—
(A) SUBMISSION.—Not later than 1 year after the establishment of the working group pursuant to paragraph (1), the working group shall submit to the Secretary a report of recommendations regarding the establishment of measures for States and metropolitan planning organizations to use to assess the level of transportation system access, consistent with section 150(f) of title 23, United States Code.
(g) Transportation system access data.—
(1) IN GENERAL.—Not later than 90 days after the date on which the Secretary of Transportation establishes the measure required under section 150(f) of title 23, United States Code, the Secretary shall develop or procure eligible transportation system access data sets and analytical tools and make such data sets and analytical tools available to State departments of transportation and metropolitan planning areas that represent transportation management areas.
(2) REQUIREMENTS.—An eligible transportation system access data set and analytical tool shall have the following characteristics:
(A) The ability to quantify the level of safe, reliable, and convenient transportation system access to—
(a) Study.—
(1) IN GENERAL.—The Secretary of Transportation shall conduct a study on transportation demand data and modeling, including transportation demand forecasting.
(2) CONTENTS.—In carrying out the study under this section, the Secretary shall—
(A) collect observed transportation demand data and transportation demand forecasts from States and metropolitan planning organizations, including data and forecasts on—
(B) compare the transportation demand forecasts with the observed transportation demand data gathered under subparagraph (A); and
(C) use the information described in subparagraphs (A) and (B) to—
(i) develop best practices and guidance for States and metropolitan planning organizations to use in forecasting transportation demand for future investments in transportation improvements;
(ii) evaluate the impact of transportation investments, including new roadway capacity, on transportation behavior and transportation demand, including public transportation ridership, induced highway transportation, and congestion;
(iii) support more accurate transportation demand forecasting by States and metropolitan planning organizations;
(3) COVERED ENTITIES.—In carrying out the study under this section, the Secretary shall ensure that data and forecasts described in paragraph (2)(A) are collected from—
(4) WORKING WITH THE PRIVATE SECTOR.—In carrying out this section, the Secretary may, and is encouraged to, procure additional data as necessary from university transportation centers, private sector providers, and other entities as is needed and may use funds authorized under section 503(b) of title 23, United States Code, for carrying out this paragraph.
(b) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings of the study conducted under subsection (a).
(c) Secretarial support.—The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan planning organizations to improve the quality of transportation plans, models, and demand forecasts.
Not later than 1 year after the date of enactment of this Act, the Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of Federal Regulations, to ensure that the outer years of a metropolitan transportation plan are defined as “beyond the first 4 years”.
Section 165 of title 23, United States Code, is amended—
(2) in subsection (c)(6)(A)(iii) by striking “in accordance with subsections (b) and (c) of section 129” and inserting “including such boats, facilities, and approaches that are privately or majority-privately owned, provided that such boats, facilities, and approaches provide a substantial public benefit”; and
(3) by adding at the end the following:
“(d) Participation of territories in discretionary programs.—For any program in which the Secretary may allocate funds out of the Highway Trust Fund (other than the Mass Transit Account) to a State at the discretion of the Secretary, the Secretary may allocate funds to one or more territory for any project or activity that otherwise would be eligible under such program if such project or activity was being carried out in a State.”.
Section 202 of title 23, United States Code, is amended—
(1) in subsection (d)—
(A) in paragraph (1) by striking “improving deficient” and inserting “the construction and reconstruction of”;
(a) Tribal transportation program.—Section 202 of title 23, United States Code, is amended—
(2) by inserting after subsection (e) the following:
“(f) Tribal High Priority Projects program.—Before making any distribution under subsection (b), the Secretary shall set aside $50,000,000 from the funds made available under the tribal transportation program for each fiscal year to carry out the Tribal High Priority Projects program under section 1123 of MAP–21 (23 U.S.C. 202 note).”.
(b) Tribal High Priority Projects program.—Section 1123 of MAP–21 (23 U.S.C. 202 note) is amended—
(1) in subsection (a)(1)(C) by striking “required by that section” and inserting “required under such program”;
(a) In general.—Section 203(a) of title 23, United States Code, is amended by adding at the end the following:
“(6) TRANSFER FOR HIGH-COMMUTER CORRIDORS.—
“(A) REQUEST.—If the head of a covered agency determines that a high-commuter corridor requires additional investment, based on the criteria described in subparagraph (D), the head of a covered agency, with respect to such corridor, shall submit to the State—
“(ii) an estimate of the amounts needed to bring such corridor into a state of good repair, taking into consideration any planned future investments; and
“(iii) at the discretion of the head of a covered agency, a request that the State transfer to the covered agency, under the authority of section 132 or section 204, or to the Federal Highway Administration, under the authority of section 104, a portion of such amounts necessary to address the condition of the corridor.
“(B) STATE RESPONSE.—Not later than 45 days after the date of receipt of the request described in subparagraph (A)(iii), the State shall—
“(C) NOTIFICATION TO THE SECRETARY.—The head of a covered agency shall provide to the Secretary a copy of any request described under subparagraph (A)(iii) and response described under subparagraph (B).
“(D) CRITERIA.—In making a determination under subparagraph (A), the head of a covered agency, with respect to the corridor, shall consider—
(b) GAO study regarding NPS maintenance.—
(1) STUDY.—The Comptroller General of the United States shall study the National Park Service maintenance prioritization of Federal lands transportation facilities.
(2) CONTENTS.—At minimum, the study under paragraph (1) shall examine—
(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report summarizing the study and the results of such study, including recommendations for addressing the maintenance needs and prioritization of high-commuter corridors.
(a) In general.—Chapter 2 of title 23, United States Code, is amended by inserting after section 207 the following:
Ҥ 208. Federal lands and Tribal major projects program
“(a) Establishment.—The Secretary shall establish a Federal lands and Tribal major projects program (referred to in this section as the ‘program’) to provide funding to construct, reconstruct, or rehabilitate critical Federal lands and Tribal transportation infrastructure.
“(b) Eligible applicants.—
“(c) Eligible projects.—An eligible project under the program shall be on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility, except that such facility is not required to be included in an inventory described in section 202 or 203, and for which—
“(1) the project—
“(A) has completed the activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) which has been demonstrated through—
“(d) Eligible activities.—Grant amounts received for a project under this section may be used for—
“(e) Applications.—Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require.
“(f) Project requirements.—The Secretary may select a project to receive funds under the program only if the Secretary determines that the project—
“(g) Merit criteria.—In making a grant under this section, the Secretary shall consider whether the project—
“(1) will generate state of good repair, resilience, economic competitiveness, quality of life, mobility, or safety benefits;
“(h) Evaluation and rating.—To evaluate applications, the Secretary shall—
“(i) Cost share.—
“(j) Use of funds.—For each fiscal year, of the amounts made available to carry out this section, not more than 50 percent shall be used for eligible projects on Federal lands transportation facilities or Federal lands access transportation facilities and Tribal transportation facilities, respectively.”.
(b) Clerical amendment.—The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 207 the following new item:
“208. Federal lands and Tribal major projects program.”.
(c) Repeal.—Section 1123 of the FAST Act (23 U.S.C. 201 note), and the item related to such section in the table of contents under section 1(b) of such Act, are repealed.
Section 102 of title 49, United States Code, is amended—
(2) in subsection (f)—
(A) in the heading by striking “Deputy Assistant Secretary for Tribal Government Affairs” and inserting “Office of Tribal Government Affairs”; and
(B) by striking paragraph (1) and inserting the following:
“(1) ESTABLISHMENT.—There is established in the Department an Office of Tribal Government Affairs, under the Assistant Secretary for Tribal Government Affairs, to—
“(B) plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations;
(a) Land management agencies and tribal governments.—Section 201 of title 23, United States Code, is amended by adding at the end the following:
“(f) Alternative contracting methods.—
“(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may use a contracting method available to a State under this title on behalf of—
“(A) a Federal land management agency, with respect to any funds available pursuant to section 203 or 204;
(b) Use of alternative contracting method.—In carrying out the amendments made by this section, the Secretary shall—
(1) in consultation with the applicable Federal land management agencies, establish procedures that are—
(a) In general.—The Commissioner of the Bureau of Reclamation may transfer ownership of a bridge that is owned by the Bureau of Reclamation if—
(3) the transfer of ownership complies with all applicable Federal requirements, including—
(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
Not later than January 31 of each year, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—
(1) identifies the number of Indian Tribes that were direct recipients of funds under any discretionary Federal highway, transit, or highway safety program in the prior fiscal year;
(a) In general.—The Comptroller General of the United States shall conduct a study on the deferred maintenance of United States forest roads, including—
(b) Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the results of the study conducted under subsection (a).
(a) In general.—A local government, metropolitan planning organization, or regional transportation planning organization may develop and implement a vision zero plan to significantly reduce or eliminate transportation-related fatalities and serious injuries within a specified timeframe, not to exceed 20 years.
(b) Use of funds.—Amounts apportioned to a State under paragraph (2) or (3) of section 104(b) of title 23, United States Code, may be used to carry out a vision zero plan under this section.
(c) Contents of plan.—A vision zero plan under this section shall include—
(1) a description of programs, strategies, or policies intended to significantly reduce or eliminate transportation-related fatalities and serious injuries within a specified timeframe, not to exceed 20 years, that is consistent with a State strategic highway safety plan and uses existing transportation data and consideration of risk factors;
(2) plans for implementation of, education of the public about, and enforcement of such programs, strategies, or policies;
(3) a description of how such programs, strategies, or policies, and the enforcement of such programs, strategies, or policies will—
(C) protect the rights of members of such communities with respect to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and
(d) Inclusions.—A vision zero plan may include a complete streets prioritization plan that identifies a specific list of projects to—
(1) create a connected network of active transportation facilities, including sidewalks, bikeways, or pedestrian and bicycle trails, to connect communities and provide safe, reliable, affordable, and convenient access to employment, housing, and services, consistent with the goals described in section 150(b) of title 23, United States Code;
(a) Speed limits.—The Secretary of Transportation shall revise the Manual on Uniform Traffic Control Devices to provide for a safe system approach to setting speed limits, consistent with the safety recommendations issued by the National Transportation Safety Board on August 15, 2017, numbered H–17–27 and H–17–028.
(c) Report on Speed Management Program Plan.—Not later than 1 year after the date of enactment of this Act, the Secretary shall update and report on the implementation progress of the Speed Management Program Plan of the Department of Transportation, as described in the safety recommendation issued by the National Transportation Safety Board on August 15, 2017, numbered H–17–018.
(a) Definitions.—In this section:
(1) APPROPRIATE STATE AGENCY.—The term “appropriate State agency” means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and facilitate the installation and operation of broadband infrastructure within the State.
(2) BROADBAND.—The term “broadband” has the meaning given the term “advanced telecommunications capability” in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).
(3) BROADBAND CONDUIT.—The term “broadband conduit” means a conduit or innerduct for fiber optic cables (or successor technology of greater quality and speed) that supports the provision of broadband.
(4) BROADBAND INFRASTRUCTURE.—The term “broadband infrastructure” means any buried or underground facility and any wireless or wireline connection that enables the provision of broadband.
(5) BROADBAND PROVIDER.—The term “broadband provider” means an entity that provides broadband to any person or facilitates provision of broadband to any person, including, with respect to such entity—
(6) COVERED HIGHWAY CONSTRUCTION PROJECT.—
(A) IN GENERAL.—The term “covered highway construction project” means, without regard to ownership of a highway, a project to construct a new highway or an additional lane for an existing highway, to reconstruct an existing highway, or new construction, including for a paved shoulder.
(7) DIG ONCE REQUIREMENT.—The term “dig once requirement” means a requirement designed to reduce the cost and accelerate the deployment to broadband by minimizing the number and scale of repeated excavations for the installation and maintenance of broadband conduit or broadband infrastructure in rights-of-way.
(8) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given such term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(9) NTIA ADMINISTRATOR.—The term “NTIA Administrator” means the Assistant Secretary of Commerce for Communications and Information.
(10) PROJECT.—The term “project” has the meaning given such term in section 101 of title 23, United States Code.
(12) STATE.—The term “State” has the meaning given such term in section 401 of title 23, United States Code.
(13) STATE OR LOCAL BROADBAND PROVIDER.—The term “State or local broadband provider” means a State or political subdivision thereof, or any agency, authority, or instrumentality of a State or political subdivision thereof, that provides broadband to any person or facilitates the provision of broadband to any person in that State.
(b) Dig once requirement.—To facilitate the installation of broadband infrastructure, the Secretary shall, not later than 9 months after the date of enactment of this Act, promulgate regulations to ensure that each State that receives funds under chapter 1 of title 23, United States Code, meets the following requirements:
(1) BROADBAND PLANNING.—The State department of transportation, in consultation with appropriate State agencies, shall—
(A) identify a broadband coordinator, who may have additional responsibilities in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State; and
(B) review existing State broadband plans, including existing dig once requirements of the State, municipal governments incorporated under State law, and Tribal governments within the State, to determine opportunities to coordinate projects occurring within or across highway rights-of-way with planned broadband infrastructure projects.
(2) NOTICE OF PLANNED CONSTRUCTION FOR BROADBAND PROVIDERS.—
(A) NOTICE.—The State department of transportation, in consultation with appropriate State agencies, shall establish a process—
(i) for the registration of broadband providers that seek to be included in the advance notification of, and opportunity to participate in, broadband infrastructure right-of-way facilitation efforts within the State; and
(3) REQUIRED INSTALLATION OF CONDUIT.—
(A) IN GENERAL.—The State department of transportation shall install broadband conduit, in accordance with this paragraph, except as described in subparagraph (F), as part of any covered highway construction project, unless a broadband provider has committed to install broadband conduit or broadband infrastructure as part of such project in a process described under paragraph (2)(C).
(B) INSTALLATION REQUIREMENTS.—The State department of transportation shall ensure that—
(i) an appropriate number of broadband conduits, as determined in consultation with the appropriate State agencies, are installed along the highway of a covered highway construction project to accommodate multiple broadband providers, with consideration given to the availability of existing conduits;
(ii) the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand, as determined in consultation with the appropriate State agencies;
(iii) hand holes and manholes necessary for fiber access and pulling with respect to such conduit are placed at intervals consistent with standards determined in consultation with the appropriate State agencies (which may differ by type of road, topologies, and rurality) and consistent with safety requirements;
(C) GUIDANCE FOR THE INSTALLATION OF BROADBAND CONDUIT.—The Secretary, in consultation with the NTIA Administrator, shall issue guidance for best practices related to the installation of broadband conduit as described in this paragraph and of conduit and similar infrastructure for intelligent transportation systems (as such term is defined in section 501 of title 23, United States Code) that may utilize broadband conduit installed pursuant to this paragraph.
(D) ACCESS.—
(i) IN GENERAL.—The State department of transportation shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this paragraph, on a competitively neutral and nondiscriminatory basis, and in accordance with State permitting, licensing, leasing, or other similar laws and regulations.
(ii) FEE SCHEDULE.—The State department of transportation, in consultation with appropriate State agencies, shall publish a fee schedule for a broadband provider to access conduit installed pursuant to this paragraph. Fees in such schedule—
(I) shall be consistent with the fees established pursuant to section 224 of the Communications Act of 1934 (47 U.S.C. 224);
(iii) IN-KIND COMPENSATION.—The State department of transportation may negotiate in-kind compensation with any broadband provider requesting access to broadband conduit installed under the provisions of this paragraph as a replacement for part or all of, but not to exceed, the relevant fee in the fee schedule described in clause (ii).
(iv) SAFETY CONSIDERATIONS.—The State department of transportation shall require of broadband providers a process for safe access to the highway right-of-way during installation and on-going maintenance of the broadband fiber optic cables including a traffic control safety plan.
(v) COMMUNICATION.—A broadband provider with access to the conduit installed pursuant to this subsection shall notify and receive permission from the relevant agencies of State responsible for the installation of such broadband conduit prior to accessing any highway or highway right-of-way, in accordance with applicable Federal requirements.
(E) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, broadband conduit and broadband infrastructure installation projects under this paragraph shall comply with section 113(a) of title 23, United States Code.
(F) WAIVER AUTHORITY.—
(i) IN GENERAL.—A State department of transportation may waive the required installation of broadband conduit for part or all of any covered highway construction project under this paragraph if, in the determination of the State—
(I) broadband infrastructure, terrestrial broadband infrastructure, aerial broadband fiber cables, or broadband conduit is present near a majority of the length of the covered highway construction project;
(II) the installation of conduit increases overall costs of a covered highway construction project by 1.5 percent or greater;
(III) the installation of broadband conduit associated with covered highway construction project will not be utilized or connected to future broadband infrastructure in the next 20 years, in the determination of the State department of transportation, in consultation with appropriate State agencies and potentially affected local governments and Tribal governments;
(4) PRIORITY.—If a State provides for the installation of broadband infrastructure or broadband conduit in the right-of-way of an applicable project under this subsection, the State department of transportation, along with appropriate State agencies, shall carry out appropriate measures to ensure that any existing broadband providers are afforded equal opportunity access, as compared to other broadband providers, with respect to the program under this subsection.
(5) CONSULTATION.—
(A) IN GENERAL.—In promulgating regulations required by this subsection or to implement any part of this section, the Secretary shall consult—
(6) PROHIBITION ON UNFUNDED MANDATE.—
(7) RULES OF CONSTRUCTION.—
(A) STATE LAW.—Nothing in this subsection shall be construed to require a State to install or allow the installation of broadband conduit or broadband infrastructure—
(B) NO REQUIREMENT FOR INSTALLATION OF MOBILE SERVICES EQUIPMENT.—Nothing in this section shall be construed to require a State, a municipal government incorporated under State law, or an Indian Tribe to install or allow for the installation of equipment essential for the provision of commercial mobile services (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))) or commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)), other than broadband conduit and associated equipment described in paragraph (3)(B).
(c) Relation to state dig once requirements.—Nothing in subsection (b) or any regulations promulgated under subsection (b) shall be construed to alter or supersede any provision of a State law or regulation that provides for a dig once requirement that includes similar or more stringent requirements to the provisions of subsection (b) and any regulations promulgated under subsection (b).
(d) Dig once funding task force.—
(1) ESTABLISHMENT.—There is established an independent task force on funding the nationwide dig once requirement described in this section to be known as the “Dig Once Funding Task Force” (hereinafter referred to as the “Task Force”).
(2) DUTIES.—The duties of the Task Force shall be to—
(A) estimate the annual cost for implementing and administering a nationwide dig once requirement; and
(3) REPORTS.—
(4) MEMBERS.—
(A) APPOINTMENTS.—The Task Force shall consist of 14 members, consisting of—
(ii) 6 members jointly appointed by the Speaker and minority leader of the House of Representatives, in consultation with the respective Chairs and Ranking Members of the—
(B) CO-CHAIRS.—The Task Force shall be co-chaired by the Secretary and the NTIA Administrator, or their designees.
(D) APPOINTMENT DEADLINE.—Members shall be appointed to the Task Force not later than 60 days after the date of enactment of this Act.
(E) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT DATE.—If 1 or more appointments required under subparagraph (A) is not made by the appointment date specified in subparagraph (D), the authority to make such appointment or appointments shall expire and the number of members of the Task Force shall be reduced by the number equal to the number of appointments so expired.
(5) CONSULTATIONS.—In carrying out the duties required under this subsection, the Task Force shall consult, at a minimum—
(6) ADDITIONAL PROVISIONS.—
(A) EXPENSES FOR NON-FEDERAL MEMBERS.—Non-Federal members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force.
(B) STAFF.—Staff of the Task Force shall comprise detailees with relevant expertise from the Department of Transportation and the National Telecommunications and Information Administration, or another Federal agency the co-chairpersons consider appropriate, with the consent of the head of the Federal agency, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
(a) In general.—Chapter 1 of title 23, United States Code, is further amended by adding at the end the following:
Ҥ 174. Balance Exchanges for Infrastructure Program
“(a) Definitions.—In this section:
“(1) ADMINISTRATIVELY ALLOCATED.—The term ‘administratively allocated’ means the allocation by the Secretary of budget authority for a project under the TIFIA program that occurs when—
“(2) APPALACHIAN STATE.—The term ‘Appalachian State’ means a State that contains 1 or more counties in the Appalachian region (as defined in section 14102(a) of title 40).
“(3) PROGRAM.—The term ‘program’ means the Balance Exchanges for Infrastructure Program established under subsection (b).
“(b) Establishment.—The Secretary shall establish a program, to be known as the ‘Balance Exchanges for Infrastructure Program’, in accordance with this section to provide flexibility for the Secretary and States to improve highway infrastructure.
“(c) Offer To fund projects or exchange funds.—
“(1) SOLICITATION.—For each fiscal year for which an amount is reserved under subsection (f)(1), the Secretary shall—
“(B) require that, not later than 60 days after the date of the solicitations under subparagraph (A), each Appalachian State that elects to participate in the program shall submit to the Secretary either—
“(d) Exchange agreements.—
“(1) IN GENERAL.—The Secretary shall enter into an agreement with each Appalachian State that submits a request under subsection (c)(1)(A)(i) under which—
“(A) the Appalachian State shall return to the Secretary all, or at the discretion of the Appalachian State, a portion of, the unobligated amounts from the Highway Trust Fund (including the applicable amount of contract authority and an equal amount of special no-year obligation limitation associated with that contract authority) apportioned to the Appalachian State for the Appalachian development highway system under section 14501 of title 40 (but not including any amounts made available by an appropriations Act without an initial authorization); and
“(B) the Secretary shall transfer to the Appalachian State, from amounts transferred to the program under subsection (f)(2) for that fiscal year, an amount (including the applicable amount of contract authority and an equal amount of annual obligation limitation) equal to the amount that the Appalachian State returned under subparagraph (A) that shall be used to carry out projects described in paragraph (3).
“(2) STATE LIMITATION.—The amount of contract authority returned by an Appalachian State under paragraph (1)(A) may not exceed the amount of the special no-year obligation limitation available to the Appalachian State prior to the return of the special no-year obligation limitation under that paragraph.
“(3) ELIGIBLE PROJECTS.—
“(A) IN GENERAL.—A project eligible to be carried out using funds transferred to an Appalachian State under paragraph (1)(B) is a project described in subsections (b) and (c) of section 133.
“(4) TOTAL LIMITATION.—For each fiscal year, the total amount exchanged under paragraph (1) shall not exceed the amount available to be transferred to the program under subsection (f).
“(e) Appalachian development highway system corridor grants.—
“(1) IN GENERAL.—Using amounts returned to the Secretary under subsection (d)(1)(A), the Secretary shall provide grants of contract authority, to remain available until expended, and subject to special no-year obligation limitation, on a competitive basis to Appalachian States for eligible projects described in paragraph (2).
“(2) ELIGIBLE PROJECT.—A project eligible to be carried out with a grant under this subsection is a project that is—
“(3) APPLICATION.—To be eligible to receive a grant under this subsection, an Appalachian State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(f) Transfer from TIFIA program.—
“(1) IN GENERAL.—On October 1 of each fiscal year, the Secretary shall reserve, for the purpose of funding transfers under paragraph (2) until the transfers are completed, the amount of TIFIA carryover balance that exceeds the amount available to carry out the TIFIA program for that fiscal year.
“(2) TRANSFERS.—For each fiscal year, not later than 60 days after the date on which the Secretary receives the responses to the solicitations under subsection (c)(1), the Secretary shall transfer from the TIFIA program to the program an amount of contract authority and equal amount of obligation limitation that is equal to the lesser of—
“(A) the total amount requested by all Appalachian States for the fiscal year under subsection (c)(1)(B)(i);
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following:
“174. Balance Exchanges for Infrastructure Program.”.
(a) Study.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation and the Administrator shall seek to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to under which the Transportation Research Board shall conduct a study—
(A) to estimate pollutant loads from stormwater runoff from highways and pedestrian facilities eligible for assistance under title 23, United States Code, to inform the development of appropriate total maximum daily load requirements;
(B) to provide recommendations (including recommended revisions to existing laws and regulations) regarding the evaluation and selection by State departments of transportation of potential stormwater management and total maximum daily load compliance strategies within a watershed, including environmental restoration and pollution abatement carried out under section 328 of title 23, United States Code;
(C) to examine the potential for the Secretary to assist State departments of transportation in carrying out and communicating stormwater management practices for highways and pedestrian facilities that are eligible for assistance under title 23, United States Code, through information-sharing agreements, database assistance, or an administrative platform to provide the information described in subparagraphs (A) and (B) to entities issued permits under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
(D) to examine the benefit of concentrating stormwater retrofits in impaired watersheds and selecting such retrofits according to a process that depends on a watershed management plan developed in accordance with section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1329).
(2) REQUIREMENTS.—In conducting the study under the agreement entered into pursuant to paragraph (1), the Transportation Research Board shall—
(A) review and supplement, as appropriate, the methodologies examined and recommended in the 2019 report of the National Academies of Sciences, Engineering, and Medicine titled “Approaches for Determining and Complying with TMDL Requirements Related to Roadway Stormwater Runoff”;
(3) REPORT.—In carrying out the agreement entered into pursuant to paragraph (1), not later than 18 months after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary of Transportation, the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report describing the results of the study.
(b) Stormwater best management practices reports.—
(1) REISSUANCE.—Not later than 180 days after the date of enactment of this Act, the Administrator shall update and reissue the best management practices reports to reflect new information and advancements in stormwater management.
(2) UPDATES.—Not less frequently than once every 5 years after the date on which the Secretary reissues the best management practices reports under paragraph (1), the Secretary shall update and reissue the best management practices reports, unless the contents of the best management practices reports have been incorporated (including by reference) into applicable regulations of the Secretary.
(c) Definitions.—In this section:
(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) BEST MANAGEMENT PRACTICES REPORTS.—The term “best management practices reports” means—
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792), in consultation with the Secretary of Transportation, shall establish accessibility guidelines setting forth minimum standards for pedestrian facilities in the public right-of-way.
(b) Content of guidance.—The guidelines described in subsection (a) shall be substantially similar to, and carried out under the same statutory authority as—
(a) Highway formula modernization study.—
(1) IN GENERAL.—The Secretary of Transportation, in consultation with the State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall conduct a highway formula modernization study to assess the method and data used to apportion Federal-aid highway funds under subsections (b) and (c) of section 104 of title 23, United States Code, and issue recommendations on such method and data.
(2) ASSESSMENT.—The highway formula modernization study required under paragraph (1) shall include an assessment of, based on the latest available data, whether the apportionment method under such section results in—
(3) CONSIDERATIONS.—In carrying out the assessment under paragraph (2), the Secretary shall consider the following:
(A) The factors described in sections 104(b), 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, United States Code, as in effect on the date of enactment of SAFETEA–LU (Public Law 109–59).
(B) The availability and accuracy of data necessary to calculate formula apportionments under the factors described in subparagraph (A).
(b) CMAQ formula modernization study.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall conduct an CMAQ formula modernization study to assess whether the apportionment method under section 104(b)(4) of title 23, United States Code, results in a distribution of funds that best achieves the air quality goals of section 149 of such title.
(2) CONSIDERATIONS.—In providing consultation under this subsection, the Administrator of the Environmental Protection Agency shall provide to the Secretary an analysis of—
(3) RECOMMENDATIONS.—If, in conducting the study under this subsection, the Secretary finds that modifying the apportionment method under section 104(b)(4) of title 23, United States Code, would best achieve the air quality goals of section 149 of title 23, United States Code, the Secretary shall, in consultation with the Administrator, include in such study recommendations for a new apportionment method, including—
(c) Report.—No later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the results of the highway formula modernization study and the CMAQ formula modification study.
Section 1519 of MAP–21 (Public Law 112–141) is amended—
(a) Report.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the efforts of the Department of Transportation to encourage elementary, secondary, and post-secondary students to pursue careers in the surface transportation sector.
(b) Contents.—The report required under subsection (a) shall include—
(1) a description of efforts to increase awareness of careers related to surface transportation among elementary, secondary, and post-secondary students;
(2) a description of efforts to prepare and inspire such students for surface transportation careers;
(a) In general.—Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish a task force on developing a 21st century surface transportation workforce (in this section referred to as the “Task Force”).
(b) Duties.—Not later than 12 months after the establishment of the Task Force under subsection (a), the Task Force shall develop and submit to the Secretary recommendations and strategies for the Department of Transportation to—
(1) evaluate the current and future state of the surface transportation workforce, including projected job needs in the surface transportation sector;
(2) identify factors influencing individuals pursuing careers in surface transportation, including barriers to attracting individuals into the workforce;
(4) identify and address potential impacts of emerging technologies on the surface transportation workforce;
(5) increase access for vulnerable or underrepresented populations, especially women and minorities, to high-skill, in-demand surface transportation careers;
(c) Considerations.—In developing recommendations and strategies under subsection (b), the Task Force shall—
(1) identify factors that influence whether young people pursue careers in surface transportation, especially traditionally underrepresented populations, including women and minorities;
(2) consider how the Department, businesses, industry, labor, educators, and other stakeholders can coordinate efforts to support qualified individuals in pursuing careers in the surface transportation sector;
(d) Consultation.—In developing the recommendations and strategies required under subsection (b), the Task Force may consult with—
(e) Report.—Not later than 60 days after the submission of the recommendations and strategies under subsection (b), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing such recommendations and strategies.
(f) Composition of task force.—The Secretary shall appoint members to the Task Force whose diverse background and expertise allow such members to contribute balanced points of view and ideas in carrying out this section, comprised of equal representation from each of the following:
(g) Period of appointment.—Members shall be appointed to the Task Force for the duration of the existence of the Task Force.
(i) Sunset.—The Task Force shall terminate upon the submission of the report required under subsection (e).
(j) Definitions.—In this section:
(1) PRE-APPRENTICESHIP.—The term “pre-apprenticeship” means a training model or program that prepares individuals for acceptance into a registered apprenticeship and has a demonstrated partnership with 1 or more registered apprenticeships.
(2) REGISTERED APPRENTICESHIP.—The term “registered apprenticeship” means an apprenticeship program registered under the Act of August 16, 1937 (29 U.S.C. 50 et seq.; commonly known as the “National Apprenticeship Act”), that satisfies the requirements of parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on January 1, 2020).
Section 140(b) of title 23, United States Code, is amended to read as follows:
“(b) Workforce training and development.—
“(1) IN GENERAL.—The Secretary, in cooperation with the Secretary of Labor and any other department or agency of the Government, State agency, authority, association, institution, Indian Tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes.
“(2) STATE RESPONSIBILITIES.—A State department of transportation participating in the program under this subsection shall—
“(A) develop an annual workforce plan that identifies immediate and anticipated workforce gaps and underrepresentation of women and minorities and a detailed plan to fill such gaps and address such underrepresentation;
“(B) establish an annual workforce development compact with the State workforce development board and appropriate agencies to provide a coordinated approach to workforce training, job placement, and identification of training and skill development program needs, which shall be coordinated to the extent practical with an institution or agency, such as a State workforce development board under section 101 of the Workforce Innovation and Opportunities Act (29 U.S.C. 3111), that has established skills training, recruitment, and placement resources; and
“(C) demonstrate program outcomes, including—
“(iii) number and percentage of participants obtaining certifications or credentials required for specific types of employment;
“(iv) employment outcome, including job placement and job retention rates and earnings, using performance metrics established in consultation with the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and
“(3) FUNDING.—From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 in each fiscal year, for the administration of this subsection. Such sums shall remain available until expended.
“(4) NONAPPLICABILITY OF TITLE 41.—Subsections (b) through (d) of section 6101 of title 41 shall not apply to contracts and agreements made under the authority granted to the Secretary under this subsection.
“(5) USE OF SURFACE TRANSPORTATION PROGRAM AND NATIONAL HIGHWAY PERFORMANCE PROGRAM FUNDS.—Notwithstanding any other provision of law, not to exceed ½ of 1 percent of funds apportioned to a State under paragraph (1) or (2) of section 104(b) may be available to carry out this subsection upon request of the State transportation department to the Secretary.”.
Section 504(e)(1) of title 23, United States Code, is amended—
Section 504 of title 23, United States Code, is amended—
(2) in subsection (f) by adding at the end the following:
“(4) REPORTS.—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual report that includes—
“(B) an explanation of why each recipient was chosen in accordance with the criteria under paragraph (2);
“(C) a summary of each recipient’s objective to carry out the purpose described in paragraph (1) and an analysis of progress made toward achieving each such objective;
(a) Establishment.—Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish a working group (in this section referred to as the “Working Group”) to conduct a study on access to covered resources for infrastructure projects.
(b) Membership.—
(1) APPOINTMENT.—The Secretary shall appoint to the Working Group individuals with knowledge and expertise in the production and transportation of covered resources.
(c) Duties.—In carrying out the study required under subsection (a), the Working Group shall analyze—
(2) how the proximity of covered resources to such projects affects the cost and environmental impact of such projects;
(d) Consultation.—In carrying out the study required under subsection (a), the Working Group shall consult with, as appropriate—
(e) Reports.—
(1) WORKING GROUP REPORT.—Not later than 2 years after the date on which the Working Group is established, the Working Group shall submit to the Secretary a report that includes—
(2) DEPARTMENTAL REPORT.—Not later than 3 months after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a summary of the findings under such report and any recommendations, as appropriate.
(a) In general.—Notwithstanding section 315 of title 23, United States Code, and section 1.36 of title 23, Code of Federal Regulations, the Secretary of Transportation may not impose a penalty on a State that does not comply with section 2E.31 of the Manual on Uniform Traffic Control Devices (or a successor section) with respect to the numbering of highway interchanges.
(b) Solicitation.—To carry out the requirements of this section, the Secretary shall solicit information from States eligible to use a credit under section 120(i) of title 23, United States Code, including—
(1) the amount of unused toll credits, including—
(B) toll revenue used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce; and
(C) an accounting of any Federal funds used by the public, quasi-public, or private agency to build, improve, or maintain the toll facility, to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds;
(c) Website.—The Secretary shall make available a publicly accessible website on which a State eligible to use a credit under section 120(i) of title 23, United States Code shall publish the information described under subsection (b)(1).
(d) Evaluation and recommendations to congress.—Not later than 2 years after the date of enactment of this Act, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available on the website of the Department of Transportation—
(a) Establishment.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall initiate a review of the procurement processes used by State departments of transportation to select construction materials on projects utilizing Federal-aid highway funds.
(b) Contents.—The review under subsection (a) shall include—
(1) a review of competitive practices in the bidding process for transportation construction materials;
(2) a list of States that currently issue bids that include flexibility in the type of construction materials used to meet the project specifications;
(3) any information provided by States on considerations that influence the decision to include competition by type of material in transportation construction projects;
(4) any data on whether issuing bids that include flexibility in the type of construction materials used to meet the project specifications will affect project costs over the lifecycle of an asset;
(c) Report.—Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report on the review initiated by the Secretary pursuant to this section.
Section 118(d) of title 23, United States Code, is amended by striking “and the Commonwealth of Puerto Rico” and inserting “, the Commonwealth of Puerto Rico, and any other territory of the United States”.
(a) In general.—The Secretary of Transportation shall, every 2 years, conduct nationwide, on-the-ground road safety assessments focused on pedestrian and bicycle safety in each State.
(b) Requirements.—The assessments required under subsection (a) shall be conducted—
(c) Purposes.—The purpose of the assessments under this section is to—
(1) identify and examine specific locations with documented or perceived problems with pedestrian and bicycle safety and access;
(d) Report on State assessments.—Upon completion of the assessment of a State, the Secretary shall issue, and make available to the public, a report containing the assessment that includes—
(e) Report on nationwide program.—Upon completion of the biannual assessment nationwide required under this section, the Secretary shall issue, and make available to the public, that covers assessments for all jurisdictions and also present it to the congressional transportation committees.
(f) National pedestrian and bicycle safety database.—The Secretary, in order to enhance pedestrian and bicycle safety and improve information sharing on pedestrian and bicycle safety challenges between the Federal Government and State and local governments, shall maintain a national pedestrian and bicycle safety database that includes—
(a) In general.—
(1) OBLIGATION REQUIREMENT.—For each of fiscal years 2022 through 2025, of the amounts apportioned to a State under paragraph (1) of section 104(b) of title 23, United States Code, each State shall obligate amounts distributed to such State under subsection (b) for projects and strategies that reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance under section 119 of title 23, United States Code.
(b) Distribution.—Each State’s share of the amount described under subsection (a)(2) shall be determined by multiplying the amount described under such subsection by the ratio that—
(c) State flexibility.—
(a) Climate resilient transportation infrastructure study.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall enter into an agreement with the Transportation Research Board of the National Academies to conduct a study of the actions needed to ensure that Federal agencies are taking into account current and future climate conditions in planning, designing, building, operating, maintaining, investing in, and upgrading any federally funded transportation infrastructure investments.
(b) Methodologies.—In conducting the study, the Transportation Research Board shall build on the methodologies examined and recommended in—
(c) Contents of study.—The study shall include specific recommendations regarding the following:
(1) Integrating scientific knowledge of projected climate change impacts, and other relevant data and information, into Federal infrastructure planning, design, engineering, construction, operation and maintenance.
(4) A platform or process to facilitate communication between climate scientists and other experts with infrastructure planners, engineers and other relevant experts.
(d) Considerations.—In carrying out the study, the Transportation Research Board shall determine the need for information related to climate resilient transportation infrastructure by considering—
(1) the current informational and institutional barriers to integrating projected infrastructure risks posed by climate change into federal infrastructure planning, design, engineering, construction, operation and maintenance;
(2) the critical information needed by engineers, planners and those charged with infrastructure upgrades and maintenance to better incorporate climate change risks and impacts over the lifetime of projects;
(3) how to select an appropriate, adaptive engineering design for a range of future climate scenarios as related to infrastructure planning and investment;
(4) how to incentivize and incorporate systems thinking into engineering design to maximize the benefits of multiple natural functions and emissions reduction, as well as regional planning;
(5) how to take account of the risks of cascading infrastructure failures and develop more holistic approaches to evaluating and mitigating climate risks;
(6) how to ensure that investments in infrastructure resilience benefit all communities, including communities of color, low-income communities and tribal communities that face a disproportionate risk from climate change and in many cases have experienced long-standing unmet needs and underinvestment in critical infrastructure;
(e) Consultation.—In carrying out the study, the Transportation Research Board—
(1) shall convene and consult with a panel of national experts, including operators and users of Federal transportation infrastructure and private sector stakeholders; and
(2) is encouraged to consult with—
(A) representatives from the thirteen federal agencies that comprise the United States Global Change Research Program;
(f) Report.—Not later than 3 years after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report on the results of the study conducted under this section.
The Secretary of Transportation shall issue a final rule implementing the program under section 330 of title 23, United States Code.
(a) In general.—Section 303 of the PROTECT Act (34 U.S.C. 20503) is amended—
(2) in subsection (a)—
(3) in subsection (b)—
(A) in paragraph (1)—
(B) in paragraph (2)—
(i) in subparagraph (A), by striking “other motorist information systems to notify motorists” and inserting “other information systems to notify motorists, aircraft passengers, ship passengers, and travelers”;
(ii) in subparagraph (D), by inserting “, aircraft passengers, ship passengers, and travelers” after “support the notification of motorists”;
(iii) in subparagraph (E), by inserting “, aircraft passengers, ship passengers, and travelers” after “motorists”, each place it appears;
(4) in subsection (c), by striking “other motorist information systems to notify motorists”, each place it appears, and inserting “other information systems to notify motorists, aircraft passengers, ship passengers, and travelers”;
(b) Technical and conforming amendment.—The table of contents in section 1(b) of the PROTECT Act (Public Law 108–21) is amended by striking the item relating to section 303 and inserting the following:
“Sec. 303. Grant program for notification and communications systems along highways and major transportation routes for recovery of abducted children.”.
Subsection (s) of section 127 of title 23, United States Code is amended to read as follows:
“(s) Natural gas, electric battery, and zero emission vehicles.—A vehicle, if operated by an engine fueled primarily by natural gas powered primarily by means of electric battery power or fueled primarily by means of other zero emission fuel technologies, may exceed the weight limit on the power unit by up to 2,000 pounds (up to a maximum gross vehicle weight of 82,000 pounds) under this section.”.
(a) In general.—
(1) GUIDANCE.—The Administrator of the Federal Highway Administration, in coordination with the Administrator of the Federal Emergency Management Agency, and consistent with guidance issued by the Federal Emergency Management Agency pursuant to section 1209 of the Disaster Recovery Reform Act of 2018 (Public Law 115–254), shall revise existing guidance or issue new guidance as appropriate for State, local, and Indian Tribal governments regarding the design, construction, maintenance, and repair of evacuation routes.
(2) CONSIDERATIONS.—In revising or issuing guidance under subsection (a)(1), the Administrator of the Federal Highway Administration shall consider—
(A) methods that assist evacuation routes to—
(3) REPORT.—In the case in which the Administrator of the Federal Highway Administration, in consultation with the Administrator of the Federal Emergency Management Agency, concludes existing guidance addresses the considerations in paragraph (2), The Administrator of the Federal Highway Administration shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a detailed report describing how existing guidance addresses such considerations.
(b) Study.—The Administrator of the Federal Highway Administration, in coordination with the Administrator of the Federal Emergency Management Agency and State, local, territorial, and Indian Tribal governments, shall—
No amounts may be assessed on funds collected pursuant to section 9553 of this Act for purposes of making payments in support of a campaign for election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, Congress.
Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by adding at the end the following:
“(92) The Louisiana Capital Region High Priority Corridor, which shall generally follow—
“(B) Louisiana Highway 415, between its intersections with Interstate 10 and United States route 190;
Upon issuance of guidance issued pursuant to section 1228 of the Disaster Recovery Reform Act of 2018 (Public Law 115–254), the Administrator of the Federal Highway Administration, in consultation with the Administrator of the Federal Emergency Management Agency, shall review such guidance and issue guidance regarding repair, restoration, and replacement of inundated and submerged roads damaged or destroyed by a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) with respect to roads eligible for assistance under Federal Highway Administration programs.
(a) In general.—Section 47135 of title 49, United States Code, is amended to read as follows:
Ҥ 47135. Innovative financing techniques
“(a) In general.—The Secretary of Transportation may approve an application by an airport sponsor to use grants received under this subchapter for innovative financing techniques related to an airport development project. Such projects shall be located at airports that are not large hub airports. The Secretary may not approve more than 30 applications under this section in a fiscal year.
“(b) Purposes.—The purpose of grants made under this section shall be—
“(c) Limitations.—
“(1) NO GUARANTEES.—In no case shall the implementation of an innovative financing technique under this section be used in a manner giving rise to a direct or indirect guarantee of any airport debt instrument by the United States Government.
“(2) TYPES OF TECHNIQUES.—In this section, innovative financing techniques are limited to—
“(B) commercial bond insurance and other credit enhancement associated with airport bonds for eligible airport development;
(a) In general.—Section 5338 of title 49, United States Code, is amended to read as follows:
“(a) Grants.—
“(1) IN GENERAL.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335, 5337, 5339, and 5340—
“(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)—
“(A) $189,879,151 for fiscal year 2022, $192,841,266 for fiscal year 2023, $195,926,726 for fiscal year 2024, and $199,002,776 for fiscal year 2025, shall be available to carry out section 5305;
“(B) $7,505,830,848 for fiscal year 2022, $7,622,921,809 for fiscal year 2023, $7,744,888,558 for fiscal year 2024, and $7,866,483,309 for fiscal year 2025 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;
“(C) $101,510,000 for fiscal year 2022, $103,093,556 for fiscal year 2023, $104,743,053 for fiscal year 2024, and $106,387,519 for fiscal year 2025 shall be available for grants under section 5308;
“(D) $434,830,298 for fiscal year 2022, $441,613,651 for fiscal year 2023, $448,679,469 for fiscal year 2024, and $455,723,737 for fiscal year 2025 shall be available to carry out section 5310, of which not less than—
“(E) $1,025,199,724 for fiscal year 2022, $1,041,192,839 for fiscal year 2023, $1,057,851,925 for fiscal year 2024, and $1,074,460,200 for fiscal year 2025 shall be available to carry out section 5311, of which not less than—
“(F) $33,498,300 for fiscal year 2022, $34,020,873 for fiscal year 2023, $34,565,207 for fiscal year 2024, and $35,107,881 for fiscal year 2025 shall be available to carry out section 5312, of which not less than—
“(i) $5,075,500 for fiscal year 2022, $5,154,678 for fiscal year 2023, $5,237,153 for fiscal year 2024, and $5,319,376 for fiscal year 2025 shall be available to carry out each of sections 5312(d)(3), 5312(d)(4) and 5312(j);
“(G) $23,347,300 for fiscal year 2022, $23,711,518 for fiscal year 2023, $24,090,902 for fiscal year 2024, and $24,469,129 for fiscal year 2025 shall be available to carry out section 5314, of which not less than—
“(i) $4,060,400 for fiscal year 2022, $4,123,742 for fiscal year 2023, $4,189,722 for fiscal year 2024, and $4,255,501 for fiscal year 2025 shall be available to carry out section of 5314(a);
“(H) $5,075,500 for fiscal year 2022, $5,154,678 for fiscal year 2023, $5,237,153 for fiscal year 2024, and $5,319,376 for fiscal year 2025 shall be available to carry out section 5318;
“(I) $30,453,000 for fiscal year 2022, $30,928,067 for fiscal year 2023, $31,422,916 for fiscal year 2024, and $31,916,256 for fiscal year 2025 shall be available to carry out section 5328, of which not less than—
“(J) $4,060,400 for fiscal year 2022, $4,123,742 for fiscal year 2023, $4,189,722 for fiscal year 2024, and $4,255,501 for fiscal year 2025 shall be available to carry out section 5335;
“(K) $4,192,573,361 for fiscal year 2022, $4,266,448,314 for fiscal year 2023, $4,344,093,870 for fiscal year 2024, and $4,422,314,724 for fiscal year 2025 shall be available to carry out section 5337;
“(L) to carry out the bus formula program under section 5339(a)—
“(M) $437,080,000 for fiscal year 2022, $424,748,448 for fiscal year 2023, $387,944,423 for fiscal year 2024, and $351,100,151 for fiscal year 2025 shall be available to carry out section 5339(b);
“(N) $375,000,000 for fiscal year 2022, $400,000,000 for fiscal year 2023, $450,000,000 for fiscal year 2024, and $500,000,000 for fiscal year 2025 shall be available to carry out section 5339(c); and
“(O) $587,133,905 for each of fiscal years 2022 through 2025 shall be available to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311, of which—
“(b) Capital investment grants.—There are authorized to be appropriated to carry out section 5309 $3,500,000,000 for fiscal year 2022, $4,250,000,000 for fiscal year 2023, $5,000,000,000 for fiscal year 2024, and 5,500,000,000 for fiscal year 2025.
“(c) Administration.—
“(1) IN GENERAL.—There are authorized to be appropriated to carry out section 5334, $142,060,785 for fiscal year 2022, $144,191,696 for fiscal year 2023, $146,412,248 for fiscal year 2024, and 148,652,356 for fiscal year 2025.
“(d) Oversight.—
“(1) IN GENERAL.—Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2):
“(D) 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968).
“(G) 1 percent of amounts made available to carry out section 5337, of which not less than 25 percent of such amounts shall be available to carry out section 5329 and of which not less than 10 percent of such amounts shall be made available to carry out section 5320.
“(2) ACTIVITIES.—The activities described in this paragraph are as follows:
“(e) Grants as contractual obligations.—
“(1) GRANTS FINANCED FROM HIGHWAY TRUST FUND.—A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project.
“(2) GRANTS FINANCED FROM GENERAL FUND.—A grant or contract that is approved by the Secretary and financed with amounts appropriated in advance from the general fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.
(b) Conforming amendments.—
(1) Section 5311 of title 49, United States Code, is amended by striking “5338(a)(2)(F)” and inserting “5338(a)(2)(E)”.
(2) Section 5312(i)(1) of title 49, United States Code, is amended by striking “5338(a)(2)(G)(ii)” and inserting “5338(a)(2)(F)(iii)”.
(3) Section 5333(b) of title 49, United States Code, is amended by striking “5328, 5337, and 5338(b)” each place it appears and inserting “and 5337”.
Section 5302 of title 49, United States Code, is amended—
(2) in paragraph (3)—
(A) in subparagraph (G) by striking clause (iii) and inserting the following:
“(iii) provides a fair share of revenue established by the Secretary that will be used for public transportation, except for a joint development that is a community service (as defined by the Federal Transit Administration), publicly operated facility, or offers a minimum of 50 percent of units as affordable housing, meaning legally binding affordability restricted housing units available to tenants with incomes below 60 percent of the area median income or owners with incomes below the area median;”; and
(3) by adding at the end the following:
“(25) RESILIENCE.—
“(26) ASSAULT ON A TRANSIT WORKER.—The term ‘assault on a transit worker’ means any circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any transit worker while the transit worker is performing his or her duties.”.
Section 5323 of title 49, United States Code, is amended—
(1) in subsection (d)—
(B) by adding at the end the following:
“(3) EXCEPTIONS.—This subsection shall not apply to financial assistance under this chapter—
“(A) in which the non-Federal share of project costs are provided from amounts received under a service agreement with a State or local social service agency or private social service organization pursuant to section 5307(d)(3)(E) or section 5311(g)(3)(C);
“(B) provided to a recipient or subrecipient whose sole receipt of such assistance derives from section 5310; or
“(4) GUIDELINES.—The Secretary shall publish guidelines for grant recipients and private bus operators that clarify when and how a transit agency may step back and provide the service in the event a registered charter provider does not contact the customer, provide a quote, or provide the service.”;
(3) by striking subsection (j) and inserting the following:
“(j) Reporting accessibility complaints.—
“(1) IN GENERAL.—The Secretary shall ensure that an individual who believes that he or she, or a specific class in which the individual belongs, has been subjected to discrimination on the basis of disability by a State or local governmental entity, private nonprofit organization, or Tribe that operates a public transportation service and is a recipient or subrecipient of funds under this chapter, may, by the individual or by an authorized representative, file a complaint with the Department of Transportation.
“(2) PROCEDURES.—Not later than 1 year after the date of enactment of the INVEST in America Act, the Secretary shall implement procedures that allow an individual to submit a complaint described in paragraph (1) by phone, mail-in form, and online through the website of the Office of Civil Rights of the Federal Transit Administration.
“(3) NOTICE TO INDIVIDUALS WITH DISABILITIES.—Not later than 12 months after the date of enactment of the INVEST in America Act, the Secretary shall require that each public transit provider and contractor providing paratransit services shall include on a publicly available website of the service provider, any related mobile device application, and online service—
“(A) notice that an individual can file a disability-related complaint with the local transit agency and the process and any timelines for filing such a complaint;
“(B) the telephone number, or a comparable electronic means of communication, for the disability assistance hotline of the Office of Civil Rights of the Federal Transit Administration;
“(4) INVESTIGATION OF COMPLAINTS.—Not later than 60 days after the last day of each fiscal year, the Secretary shall publish a report that lists the disposition of complaints described in paragraph (1), including—
“(5) REPORT.—The Secretary shall, upon implementation of this section and annually thereafter, submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and make publicly available a report containing the information collected under this section.”;
(4) by striking subsection (m) and inserting the following:
“(m) Preaward and postdelivery review of rolling stock purchases.—The Secretary shall prescribe regulations requiring a preaward and postdelivery review of a grant under this chapter to buy rolling stock to ensure compliance with bid specifications requirements of grant recipients under this chapter. Under this subsection, grantee inspections and review are required, and a manufacturer certification is not sufficient.”; and
(a) State of good repair grants.—Section 5337(e) of title 49, United States Code, is amended by adding at the end the following:
“(3) ACCESSIBILITY COSTS.—Notwithstanding paragraph (1), the Federal share of the net project cost of a project to provide accessibility in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) shall be 90 percent.”.
(b) Apportionments based on growing States and high density States formula factors.—Section 5340(a) of title 49, United States Code, is amended by inserting “and the District of Columbia” after “United States”.
(c) Technical assistance and workforce development.—Section 5314 of title 49, United States Code, is amended—
(d) National transit database.—Section 5335 of title 49, United States Code, is amended—
(e) Urbanized area formula grants.—Section 5307 of title 49, United States Code, is amended—
(1) in subsection (a)(2)(A)—
(B) by adding at the end the following:
“(iii) operate a minimum of 101 buses and a maximum of 125 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 25 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or”;
(2) in subsection (a)(2)(B)—
(C) by adding at the end the following:
“(iii) operate a minimum of 101 buses and a maximum of 125 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 25 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient's final program of projects prepared under subsection (b).”; and
(f) Technical correction.—Section 5307(a)(2)(B)(ii) of title 49, United States Code, is amended by striking “service during peak” and inserting “service, during peak”.
(g) Imposition of deadline.—Section 5324 of title 49, United States Code, is amended by adding at the end the following:
“(f) Imposition of deadline.—
“(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may not require any project funded under this section to advance to the construction obligation stage before the date that is the last day of the sixth fiscal year after the later of—
“(2) EXTENSION OF DEADLINE.—If the Secretary imposes a deadline for advancement to the construction obligation stage pursuant to paragraph (1), the Secretary may, upon the request of the Governor of the State, issue an extension of not more than 1 year to complete such advancement, and may issue additional extensions after the expiration of any extension, if the Secretary determines the Governor of the State has provided suitable justification to warrant such an extension.”.
(h) Transportation development credits as local match.—
(2) SECTION 5309.—Section 5309 of title 49, United States Code, is amended—
Section 5301(b) of title 49, United States Code, is amended—
For fiscal year 2022, the Secretary shall apportion and distribute formula funds provided for under chapter 53 of title 49, United States Code, using data submitted to the 2019 National Transit Database.
Section 5303 of title 49, United States Code, is amended—
(1) by amending subsection (a)(1) to read as follows:
“(1) to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight, foster economic growth and development within and between States and urbanized areas, and take into consideration resiliency and climate change adaptation needs while reducing transportation-related fuel consumption, air pollution, and greenhouse gas emissions through metropolitan and statewide transportation planning processes identified in this chapter; and”.
(3) in subsection (c)—
(4) in subsection (d)—
(A) in paragraph (2) by striking “Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2012, each” and inserting “Each”;
(B) in paragraph (3) by adding at the end the following:
“(D) CONSIDERATIONS.—
“(i) EQUITABLE AND PROPORTIONAL REPRESENTATION.—In designating officials or representatives under paragraph (2), the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area.
(5) in subsection (g)—
(C) in paragraph (3)(A) by inserting “emergency response and evacuation, climate change adaptation and resilience,” after “disaster risk reduction,”; and
(D) by adding at the end the following:
“(4) COORDINATION BETWEEN MPOS.—
“(A) IN GENERAL.—If more than 1 metropolitan planning organization is designated within an urbanized area under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting travel demand.
(6) in subsection (h)(1)—
(A) by striking subparagraph (E) and inserting the following:
“(E) protect and enhance the environment, promote energy conservation, reduce greenhouse gas emissions, improve the quality of life and public health, and promote consistency between transportation improvements and State and local planned growth and economic development patterns, including housing and land use patterns;”;
(C) in subparagraph (I) by striking the period at the end and inserting “and reduce or mitigate stormwater, sea level rise, extreme weather, and climate change impacts of surface transportation;”; and
(D) by inserting after subparagraph (I) the following:
“(L) support inclusive zoning policies and land use planning practices that incentivize affordable, elastic, and diverse housing supply, facilitate long-term economic growth by improving the accessibility of housing to jobs, and prevent high housing costs from displacing economically disadvantaged households.”;
(7) in subsection (h)(2) by striking subparagraph (A) and inserting the following:
“(A) IN GENERAL.—Through the use of a performance-based approach, transportation investment decisions made as a part of the metropolitan transportation planning process shall support the national goals described in section 150(b), the achievement of metropolitan and statewide targets established under section 150(d), the improvement of transportation system access (consistent with section 150(f)), and the general purposes described in section 5301 of title 49.”;
(8) in subsection (i)—
(A) in paragraph (1) by striking “(i) In general” and all that follows through “every 5 years” and inserting “The metropolitan planning organization shall prepare and update such plan every 4 years”;
(B) in paragraph (2)(D)(i) by inserting “reduce greenhouse gas emissions and” before “restore and maintain”;
(C) in paragraph (2)(G) by inserting “and climate change” after “infrastructure to natural disasters”;
(E) in paragraph (5)—
(i) in subparagraph (A) by inserting “air quality, public health, housing, transportation, resilience, hazard mitigation, emergency management,” after “conservation,”; and
(F) by amending paragraph (6)(C) to read as follows:
“(C) METHODS.—
“(i) IN GENERAL.—In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—
“(ii) ADDITIONAL METHODS.—In addition to the methods described in clause (i), in carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—
(9) in subsection (j)—
(B) in paragraph (2)(D)—
(iii) by adding at the end the following:
“(ii) TRANSPORTATION MANAGEMENT AREAS.—For metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection (k), the TIP shall include—
(10) in subsection (k)—
(A) in paragraph (3)(A)—
(iii) by adding at the end the following:
“(ii) the overall level of transportation system access for various modes of travel within the metropolitan planning area, including the level of access for economically disadvantaged communities, consistent with section 150(f) of title 23, that is based on a cooperatively developed and implemented metropolitan-wide strategy, assessing both new and existing transportation facilities eligible for funding under this chapter and title 23.”; and
(11) in subsection (l)(2)—
(A) by striking “5 years after the date of enactment of the Federal Public Transportation Act of 2012” and inserting “2 years after the date of enactment of the INVEST in America Act, and every 2 years thereafter,”;
(B) in subparagraph (C) by striking “and whether metropolitan planning organizations are developing meaningful performance targets; and” and inserting a semicolon; and
(C) by striking subparagraph (D) and inserting the following:
Section 5304 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1) by striking “statewide transportation improvement program” and inserting “STIP”;
(2) in subsection (d)—
(A) in paragraph (1)—
(iii) in subparagraph (I) by striking the period at the end and inserting “and reduce or mitigate stormwater, sea level rise, extreme weather, and climate change impacts of surface transportation;”; and
(iv) by adding at the end the following:
“(L) support inclusive zoning policies and land use planning practices that incentivize affordable, elastic, and diverse housing supply, facilitate long-term economic growth by improving the accessibility of housing to jobs, and prevent high housing costs from displacing economically disadvantaged households.”;
(4) in subsection (f)—
(A) in paragraph (2)(D)—
(i) in clause (i) by inserting “air quality, public health, housing, transportation, resilience, hazard mitigation, emergency management,” after “conservation,”; and
(B) in paragraph (3)(B)—
(iii) by adding at the end the following:
“(ii) ADDITIONAL METHODS.—In addition to the methods described in clause (i), in carrying out subparagraph (A), the State shall, to the maximum extent practicable—
(C) in paragraph (4)(A) by inserting “reduce greenhouse gas emissions and” after “potential to”; and
(D) in paragraph (8) by inserting “including consideration of the role that intercity buses may play in reducing congestion, pollution, greenhouse gas emissions, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated” after “transportation system”;
(5) in subsection (g)—
(A) in paragraph (1)(A) by striking “statewide transportation improvement program” and inserting “STIP”;
(B) in paragraph (4)—
(ii) by striking “shall include, to the maximum extent practicable, a discussion” and inserting the following: shall include
(C) in paragraph (5)—
(ii) in subparagraph (B)(ii) by striking “metropolitan transportation improvement program” and inserting “TIP”;
(iii) in subparagraph (C) by striking “transportation improvement program” and inserting “STIP” each place it appears;
(v) in subparagraph (F)(i) by striking “transportation improvement program” and inserting “STIP” each place it appears;
(6) in subsection (h)(2)(A) by striking “Not later than 5 years after the date of enactment of the Federal Public Transportation Act of 2012,” and inserting “Not less frequently than once every 4 years,”;
Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Mass Transit Account of the Highway Trust Fund by subsection (a) of section 5338 of title 49, United States Code, shall not exceed—
Section 5324 of title 49, United States Code, is further amended by adding at the end the following:
“(g) Imposition of deadline.—
“(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may not require any project funded pursuant to this section to advance to the construction obligation stage before the date that is the last day of the sixth fiscal year after the later of—
“(2) EXTENSION OF DEADLINE.—If the Secretary imposes a deadline for advancement to the construction obligation stage pursuant to paragraph (1), the Secretary may, upon the request of the Governor of the State, issue an extension of not more than 1 year to complete such advancement, and may issue additional extensions after the expiration of any extension, if the Secretary determines the Governor of the State has provided suitable justification to warrant an extension.”.
(a) Reasonable access to public transportation facilities.—Section 5323(r) of title 49, United States Code, is amended to read as follows:
“(r) Reasonable access to public transportation facilities.—
“(1) IN GENERAL.—A recipient of assistance under this chapter may not deny reasonable access for a private or charter transportation operator to federally funded public transportation facilities, including intermodal facilities, park and ride lots, and bus-only highway lanes. In determining reasonable access, capacity requirements of the recipient of assistance and the extent to which access would be detrimental or beneficial to existing public transportation services must be considered. A recipient shall respond to any request for reasonable access within 90 days of the receipt of the request.
(b) Waivers and deferrals; administrative option.—Section 5323 of title 49, United States Code, is amended by striking subsection (t) and inserting the following:
“(t) Waivers and deferrals; administrative option.—
“(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary shall have the authority to waive, exempt, defer, or establish a simplified level of compliance for recipients of assistance under this chapter that operate 10 or fewer vehicles in service, or that receive financial assistance under both sections 5307 and 5311 of this chapter.
“(2) GUIDANCE REQUIRED.—Not later than 180 days of enactment of the INVEST in America Act, the Secretary shall publish guidance for recipients of assistance under this chapter that operate 10 or fewer buses in service or that receive financial assistance under both of sections 5307 and 5311 concerning—
“(A) which specific requirements may be considered for waivers, exemptions, deferrals, or simplified levels of compliance by recipients of assistance described in paragraph (1);
“(B) the process by which recipients of assistance described in paragraph (1) may request such waivers, exemptions, deferrals, or simplified levels of compliance;
“(D) the terms and conditions the Secretary shall attach to any waiver, exemption, deferral or simplified level of compliance that is awarded under paragraph (1);
“(3) MAINTAIN SAFETY.—The Secretary shall not to take any action under this subsection that would degrade safety to lives or property.
“(4) REPORT.—The Secretary shall submit to the Committee of Banking, Housing, and Urban Affairs of the Senate and the Committee of Transportation and Infrastructure of the House of Representatives an annual report detailing the requests and actions that have been taken under this subsection in the preceding 12 months.”.
(c) Threshold for the sale of transit vehicles after service life.—Section 5323 of title 49, United States Code, is amended by adding at the end the following:
“(w) Threshold for the sale of transit vehicles after service life.—Notwithstanding any other provision of law or regulation, for programs under this chapter the threshold amount for transit vehicles after the service life is reached shall be 20 percent of the original acquisition cost of the purchased equipment. For transit vehicles sold for an amount above such amount, the threshold amount shall be retained by the transit agency upon sale of the asset for use by the transit agency for the purpose or operating or capital expenditures, and the remainder shall be remitted to the Secretary and shall be deposited into the Mass Transit Account of the Highway Trust Fund. If such a vehicle is sold for an amount below or equal to the threshold amount, the transit agency shall retain all funds from the sale.”.
The certification requirements described in section 661.12 of title 49, Code of Federal Regulations, shall, after the date of enactment of this Act, include a certification that buses or other rolling stock (including train control, communication and traction power equipment) being procured do not contain or use any covered telecommunications equipment or services, as such term is defined by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232);
(a) In general.—Chapter 53 of title 49, United States Code, is amended by inserting after section 5307 the following new section:
Ҥ 5308. Multi-jurisdictional bus frequency and ridership competitive grants
“(a) In general.—The Secretary shall make grants under this section, on a competitive basis, to eligible recipients to increase the frequency and ridership of public transit buses.
“(b) Applications.—To be eligible for a grant under this section, an eligible recipient shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(c) Application timing.—Not later than 90 days after amounts are made available to carry out this section, the Secretary shall solicit grant applications from eligible recipients for projects described in subsection (d).
“(d) Uses of funds.—An eligible recipient of a grant under this section shall use such grant for capital projects that—
“(e) Grant criteria.—In making grants under this section, the Secretary shall consider the following:
“(f) Grant timing.—The Secretary shall award grants under this section not later than 120 days after the date on which the Secretary completes the solicitation described in subsection (c).
“(g) Requirements of the Secretary.—In carrying out the program under this section, the Secretary shall—
“(h) Federal share.—
“(i) Requirements of section 5307.—Except as otherwise provided in this section, a grant under this section shall be subject to the requirements of section 5307.
(b) Clerical amendment.—The analysis for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5307 the following new item:
“5308. Multi-jurisdictional bus frequency and ridership competitive grants.”.
Section 5336 of title 49, United States Code, is amended—
(1) in subsection (b)—
(2) in subsection (c)—
(B) in paragraph (2)—
(3) by adding at the end the following:
“(k) Peak revenue service defined.—In this section, the term ‘peak revenue service’ means the time period between the time in the morning that an agency first exceeds the number of midday vehicles in revenue service and the time in the evening that an agency falls below the number of midday vehicles in revenue service.”.
(a) In general.—Chapter 53 of title 49, United States Code, is amended by inserting after section 5315 the following new section:
“(a) In general.—Amounts made available to a covered recipient to carry out sections 5307, 5310, and 5311 may be used by such covered recipient under this section to assist in the financing of—
“(b) Federal share.—
“(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), the Federal share of the net cost of a project carried out under this section shall not exceed 80 percent.
“(c) Eligible uses.—
“(1) IN GENERAL.—The Secretary shall publish guidance describing eligible activities that are demonstrated to—
“(C) demonstrate substantial improvements in—
“(i) environmental metrics, including standards established pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and greenhouse gas performance targets established pursuant to section 150(d) of title 23;
“(iii) compliance with the requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
“(iv) low-income service to increase access to employment, healthcare, and other essential services;
“(v) service outside of transit agency operating hours, provided that the transit agency operating hours are not reduced;
“(D) FARE COLLECTION MODERNIZATION.—In developing guidance referred to in this section, the Secretary shall ensure that—
“(d) Federal requirements.—A project carried out under this section shall be treated as if such project were carried out under the section from which the funds were provided to carry out such project, including the application of any additional requirements provided for by law that apply to section 5307, 5310, or 5311, as applicable.
“(e) Waiver.—
“(1) INDIVIDUAL WAIVER.—Except as provided in paragraph (2), the Secretary may waive any requirement applied to a project carried out under this section pursuant to subsection (d) if the Secretary determines that the project would—
“(2) WAIVER UNDER OTHER SECTIONS.—The Secretary may not waive any requirement under paragraph (1) for which a waiver is otherwise available.
“(3) PROHIBITION OF WAIVER.—Notwithstanding paragraph (1), the Secretary may not waive any requirement of—
“(f) Open data standards.—
“(1) IN GENERAL.—Not later than 90 days after the date of enactment of this section, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to develop an open data standard and an application programming interface necessary to carry out this section.
“(2) REGULATIONS.—The regulations required under paragraph (1) shall require public transportation agencies, mobility on demand providers, mobility as a service technology providers, other non-government actors, and local governments the efficient means to transfer data to—
“(3) PROHIBITION ON FOR PROFIT ACTIVITY.—Any data received by an entity under this subsection may not be sold, leased, or otherwise used to generate profit, except for the direct provision of the related mobility on demand services and mobility as a service.
“(4) COMMITTEE.—A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this subsection shall have a maximum of 17 members limited to representatives of the Department of Transportation, State and local governments, metropolitan planning organizations, urban and rural covered recipients, associations that represent public transit agencies, representatives from at least 3 different organizations engaged in collective bargaining on behalf of transit workers in not fewer than 3 States, mobility on demand providers, and mobility as a service technology providers.
“(5) PUBLICATION OF PROPOSED REGULATIONS.—Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 18 months after such date of enactment.
“(6) EXTENSION OF DEADLINES.—A deadline set forth in paragraph (4) may be extended up to 180 days if the negotiated rulemaking committee referred to in paragraph (5) concludes that the committee cannot meet the deadline and the Secretary so notifies the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
“(g) Application of recipient revenue vehicle miles.—With respect to revenue vehicle miles with one passenger of a covered recipient using amounts under this section, such miles—
“(h) Savings clause.—Subsection (c)(2) and subsection (g) shall not apply to any eligible activities under this section if such activities are being carried out in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
“(i) Definitions.—In this section:
“(1) DEADHEAD VEHICLE MILES.—The term ‘deadhead vehicle miles’ means the miles that a vehicle travels when out of revenue service, including leaving or returning to the garage or yard facility, changing routes, when there is no expectation of carrying revenue passengers, and any miles traveled by a private operator without a passenger.
“(2) MOBILITY AS A SERVICE.—The term ‘mobility as a service’ means services that constitute the integration of mobility on demand services and public transportation that are available and accessible to all travelers, provide multimodal trip planning, and a unified payment system.
(b) Clerical amendment.—The analysis for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5315 the following new item:
“5316. Mobility innovation.”.
Section 5311 of title 49, United States Code, is amended—
(2) in subsection (c)—
(A) in paragraph (1)—
(B) in paragraph (2)(C) by striking “section 5338(a)(2)(F)” and inserting “section 5338(a)(2)(E)”; and
(C) in paragraph (3)—
(i) in subparagraph (A) by striking “section 5338(a)(2)(F)” and inserting “section 5338(a)(2)(E)”; and
(ii) by striking subparagraphs (B) and (C) and inserting the following:
“(B) LAND AREA.—
“(i) IN GENERAL.—Subject to clause (ii), each State shall receive an amount that is equal to 15 percent of the amount apportioned under this paragraph, multiplied by the ratio of the land area in rural areas in that State and divided by the land area in all rural areas in the United States, as shown by the most recent decennial census of population.
“(C) POPULATION.—Each State shall receive an amount equal to 50 percent of the amount apportioned under this paragraph, multiplied by the ratio of the population of rural areas in that State and divided by the population of all rural areas in the United States, as shown by the most recent decennial census of population.
“(D) VEHICLE REVENUE MILES.—
“(i) IN GENERAL.—Subject to clause (ii), each State shall receive an amount that is equal to 25 percent of the amount apportioned under this paragraph, multiplied by the ratio of vehicle revenue miles in rural areas in that State and divided by the vehicle revenue miles in all rural areas in the United States, as determined by national transit database reporting.
“(E) LOW-INCOME INDIVIDUALS.—Each State shall receive an amount that is equal to 10 percent of the amount apportioned under this paragraph, multiplied by the ratio of low-income individuals in rural areas in that State and divided by the number of low-income individuals in all rural areas in the United States, as shown by the Bureau of the Census.”;
(3) in subsection (f)—
(4) in subsection (g) by adding at the end the following:
“(6) ALLOWANCE FOR VOLUNTEER HOURS.—
“(A) APPLICABLE REGULATIONS.—For any funds provided by a department or agency of the Government under paragraph (3)(D) or by a service agreement under paragraph (3)(C), and such department or agency has regulations in place that provide for the valuation of volunteer hours as allowable in-kind contributions toward the non-Federal share of project costs, such regulations shall be used to determine the allowable valuation of volunteer hours as an in-kind contribution toward the non-Federal remainder of net project costs for a transit project funded under this section.
Section 5310 of title 49, United States Code, is amended by adding at the end the following:
“(j) One-stop paratransit program.—
“(1) IN GENERAL.—Not later than 6 months after the date of enactment of this subsection, the Secretary shall establish a one-stop paratransit competitive grant program to encourage an extra stop in non-fixed route Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) service for a paratransit rider to complete essential tasks.
“(2) PREFERENCE.—The Secretary shall give preference to eligible recipients that—
“(3) APPLICATION CRITERIA.—To be eligible to participate in the grant program, an eligible recipient shall submit to the Secretary an application containing such information as the Secretary may require, including information on—
“(4) SELECTION.—The Secretary shall seek to achieve diversity of participants in the grant program by selecting a range of eligible entities that includes at least—
“(5) DATA-SHARING CRITERIA.—An eligible recipient in this subsection shall provide data as the Secretary requires, including—
(a) Buy America.—
(1) IN GENERAL.—Chapter 53 of title 49, United States Code, is amended by inserting before section 5321 the following:
“(a) In general.—The Secretary may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States.
“(b) Waiver.—The Secretary may waive subsection (a) if the Secretary finds that—
“(2) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
“(3) when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) under this chapter—
“(c) Written waiver determination and annual report.—
“(1) WAIVER PROCEDURE.—Not later than 120 days after the submission of a request for a waiver, the Secretary shall make a determination under subsection (b)(1), (b)(2), or (b)(4) as to whether to waive subsection (a).
“(2) PUBLIC NOTIFICATION AND COMMENT.—
“(A) IN GENERAL.—Not later than 30 days before making a determination regarding a waiver described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the request for such waiver.
“(d) Rolling stock waiver conditions.—
“(1) LABOR COSTS FOR FINAL ASSEMBLY.—In this section, highly skilled labor costs involved in final assembly shall be included as a separate component in the cost of components and subcomponents under subsection (b)(3)(A).
“(2) HIGH DOMESTIC CONTENT COMPONENT BONUS.—In this section, in calculating the domestic content of the rolling stock under subsection (b)(3), the percent, rounded to the nearest whole number, of the domestic content in components of such rolling stock, weighted by cost, shall be used in calculating the domestic content of the rolling stock, except—
“(3) ROLLING STOCK FRAMES OR CAR SHELLS.—
“(A) INCLUSION OF COSTS.—Subject to the substantiation requirement of subparagraph (B), in carrying out, in calculating the cost of the domestic content of the rolling stock under subsection (b)(3), in the case of a rolling stock procurement receiving assistance under this chapter in which the average cost of a rolling stock vehicle in the procurement is more than $300,000, if rolling stock frames or car shells are not produced in the United States, the Secretary shall include in the calculation of the domestic content of the rolling stock the cost of the steel or iron that is produced in the United States and used in the rolling stock frames or car shells.
“(B) SUBSTANTIATION.—If a rolling stock vehicle manufacturer wishes to include in the calculation of the vehicle’s domestic content the cost of steel or iron produced in the United States and used in the rolling stock frames and car shells that are not produced in the United States, the manufacturer shall maintain and provide upon request a mill certification that substantiates the origin of the steel or iron.
“(4) TREATMENT OF WAIVED COMPONENTS AND SUBCOMPONENTS.—In this section, a component or subcomponent waived under subsection (b) shall be excluded from any part of the calculation required under subsection (b)(3)(A).
“(5) ZERO-EMISSION VEHICLE DOMESTIC BATTERY CELL INCENTIVE.—The Secretary shall provide an additional 2.5 percent of domestic content to the total rolling stock domestic content percentage calculated under this section for any zero-emission vehicle that uses only battery cells for propulsion that are manufactured domestically.
“(6) PROHIBITION ON DOUBLE COUNTING.—
“(A) IN GENERAL.—No labor costs included in the cost of a component or subcomponent by the manufacturer of rolling stock may be treated as rolling stock assembly costs for purposes of calculating domestic content.
“(B) VIOLATION.—A violation of this paragraph shall be treated as a false claim under subchapter III of chapter 37 of title 31.
“(7) DEFINITION OF HIGHLY SKILLED LABOR COSTS.—In this subsection, the term ‘highly skilled labor costs’—
“(A) means the apportioned value of direct wage compensation associated with final assembly activities of workers directly employed by a rolling stock original equipment manufacturer and directly associated with the final assembly activities of a rolling stock vehicle that advance the value or improve the condition of the end product;
“(B) does not include any temporary or indirect activities or those hired via a third-party contractor or subcontractor;
“(C) are limited to metalworking, fabrication, welding, electrical, engineering, and other technical activities requiring training;
“(e) Certification of domestic supply and disclosure.—
“(1) CERTIFICATION OF DOMESTIC SUPPLY.—If the Secretary denies an application for a waiver under subsection (b), the Secretary shall provide to the applicant a written certification that—
“(f) Waiver prohibited.—The Secretary may not make a waiver under subsection (b) for goods produced in a foreign country if the Secretary, in consultation with the United States Trade Representative, decides that the government of that foreign country—
“(g) Penalty for mislabeling and misrepresentation.—A person is ineligible under subpart 9.4 of the Federal Acquisition Regulation, or any successor thereto, to receive a contract or subcontract made with amounts authorized under title II of the INVEST in America Act if a court or department, agency, or instrumentality of the Government decides the person intentionally—
“(h) State requirements.—The Secretary may not impose any limitation on assistance provided under this chapter that restricts a State from imposing more stringent requirements than this subsection on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries in projects carried out with that assistance or restricts a recipient of that assistance from complying with those State-imposed requirements.
“(i) Opportunity to correct inadvertent error.—The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification (but not including failure to sign the certification) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier.
“(j) Administrative review.—A party adversely affected by an agency action under this subsection shall have the right to seek review under section 702 of title 5.
“(k) Steel and iron.—For purposes of this section, steel and iron meeting the requirements of section 661.5(b) of title 49, Code of Federal Regulations, may be considered produced in the United States.
“(l) Definition of small purchase.—For purposes of determining whether a purchase qualifies for a general public interest waiver under subsection (b)(1), including under any regulation promulgated under such subsection, the term ‘small purchase’ means a purchase of not more than $150,000.
“(m) Preaward and postdelivery review of rolling stock purchases.—
“(1) IN GENERAL.—The Secretary shall prescribe regulations requiring a preaward and postdelivery certification of a rolling stock vehicle that meets the requirements of this section and Government motor vehicle safety requirements to be eligible for a grant under this chapter. For compliance with this section—
“(2) CERTIFICATION OF PERCENTAGE.—The Secretary may, at the request of a component or subcomponent manufacturer, certify the percentage of domestic content and place of manufacturing for a component or subcomponent.
“(n) Scope.—The requirements of this section apply to all contracts for a public transportation project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of such contracts, if at least one contract for the public transportation project is funded with amounts made available to carry out this chapter.
“(o) Buy America conformity.—The Secretary shall ensure that all Federal funds for new commuter rail projects shall comply with this section and shall not be subject to section 22905(a).
“(p) Audits and reporting of waste, fraud, and abuse.—
“(1) IN GENERAL.—The Inspector General of the Department of Transportation shall conduct an annual audit on certifications under subsection (m) regarding compliance with Buy America.
“(2) REPORT FRAUD, WASTE, AND ABUSE.—The Secretary shall display a ‘Report Fraud, Waste, and Abuse’ button and link to Department of Transportation’s Office of Inspector General Hotline on the Federal Transit Administration’s Buy America landing page.
“(3) CONTRACT REQUIREMENT.—The Secretary shall require all recipients who enter into contracts to purchase rolling stock with funds provided under this chapter to include in such contract information on how to contact the Department of Transportation’s Office of Inspector General Hotline to report suspicions of fraud, waste, and abuse.
“(q) Passenger motor vehicles.—
“(1) IN GENERAL.—Any domestically manufactured passenger motor vehicle shall be considered to be produced in the United States under this section.
“(r) Rolling stock components and subcomponents.—No component or subcomponent of rolling stock shall be treated as produced in the United States for purposes of subsection (b)(3) or determined to be of domestic origin under section 661.11 of title 49, Code of Federal Regulations, if the material inputs of such component or subcomponent were imported into the United States and the operations performed in the United States on the imported articles would not result in a change in the article’s classification to chapter 86 or 87 of the Harmonized Tariff Schedule of the United States from another chapter or a new heading of any chapter from the heading under which the article was classified upon entry.
“(s) Treatment of steel and iron components as produced in the United States.—Notwithstanding any other provision of any law or any rule, regulation, or policy of the Federal Transit Administration, steel and iron components of a system, as defined in section 661.3 of title 49, Code of Federal Regulations, and of manufactured end products referred to in Appendix A of such section, may not be considered to be produced in the United States unless such components meet the requirements of section 661.5(b) of title 49, Code of Federal Regulations.
(2) CLERICAL AMENDMENT.—The analysis for chapter 53 of title 49, United States Code, is amended by inserting before the item relating to section 5321 the following:
“5320. Buy America.”.
(3) CONFORMING AMENDMENTS.—
(A) TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.—Section 5314(a)(2)(G) of title 49, United States Code, is amended by striking “sections 5323(j) and 5323(m)” and inserting “section 5320”.
(B) URBANIZED AREA FORMULA GRANTS.—Section 5307(c)(1)(E) of title 49, United States Code, is amended by inserting “, 5320,” after “5323”.
(C) INNOVATIVE PROCUREMENT.—Section 3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 5325 note) is amended by striking “5232(j)” and inserting “5320”.
(b) Bus rolling stock.—Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to revise Appendix B and Appendix D of section 661.11 of title 49, Code of Federal Regulations, with respect to bus rolling stock to maximize job creation and align such section with modern manufacturing techniques.
(c) Rail rolling stock.—Not later than 30 months after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to revise subsections (t), (u), and (v) of section 661.11 of title 49, Code of Federal Regulations, with respect to rail rolling stock to maximize job creation and align such section with modern manufacturing techniques.
(d) Rule of applicability.—
(1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall apply to any contract entered into on or after the date of enactment of this Act.
(2) DELAYED APPLICABILITY OF CERTAIN PROVISIONS.—Contracts described in paragraph (1) shall be subject to the following delayed applicability requirements:
(A) Section 5320(m)(2) shall apply to contracts entered into on or after the date that is 30 days after the date of enactment of this Act.
(B) Notwithstanding subparagraph (A), section 5320(m) shall apply to contracts for the procurement of bus rolling stock beginning on the earlier of—
(e) Special rule for domestic content.—For the calculation of the percent of domestic content calculated under section 5320(d)(2) for a contract for rolling stock entered into on or after October 1, 2020—
(1) if the delivery of the first production vehicle occurs in fiscal year 2022 or fiscal year 2023, for components that exceed 70 percent domestic content, the Secretary shall add 20 additional percent to the component’s domestic content; and
Section 5323 of title 49, United States Code, as is amended by adding at the end the following:
“(x) Bus procurement streamlining.—
“(1) IN GENERAL.—The Secretary may only obligate amounts for acquisition of buses under this chapter to a recipient that issues a request for proposals for an open market procurement that meets the following criteria:
“(2) SPECIFIC BUS COMPONENT NEGOTIATED RULEMAKING.—
“(A) INITIATION.—Not later than 120 days after the date of enactment of the INVEST in America Act, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and issue such regulations as are necessary to establish as limited a list as is practicable of bus components and subcomponents described in subparagraph (B).
“(B) LIST OF COMPONENTS.—The regulations required under subparagraph (A) shall establish a list of bus components and subcomponents that may be specified in a request for proposals described in paragraph (1) by a recipient. The Secretary shall ensure the list is limited in scope and limited to only components and subcomponents that cannot be selected with performance specifications to ensure interoperability.
“(C) PUBLICATION OF PROPOSED REGULATIONS.—Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 18 months after such date of enactment.
“(D) COMMITTEE.—A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this paragraph shall have a maximum of 11 members limited to representatives of the Department of Transportation, urban and rural recipients (including State government recipients), and transit vehicle manufacturers.
“(E) EXTENSION OF DEADLINES.—A deadline set forth in subparagraph (C) may be extended up to 180 days if the negotiated rulemaking committee referred to in subparagraph (D) concludes that the committee cannot meet the deadline and the Secretary so notifies the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Section 5318 of title 49, United States Code, is amended by adding at the end the following:
“(f) Testing schedule.—The Secretary shall—
“(2) make publicly available the current backlog (in months) to begin testing a new bus at the bus testing facility; and
“(3) designate The Ohio State University as the autonomous and advanced driver-assistance systems test development facility for all bus testing with autonomous or advanced driver-assistance systems technology and The Ohio State University will also serve as the over-flow new model bus testing facility to Altoona.”.
(a) In general.—A transit agency shall repay into the general fund of the Treasury all funds received from the Federal Transit Administration under the heading “Federal Transit Administration, Transit Infrastructure Grants” under the CARES Act (Public Law 116–136) if any portion of the funding was used to award a contract or subcontract to an entity for the procurement of rolling stock for use in public transportation if the manufacturer of the rolling stock—
(2) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—
(A) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection;
(B) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; and
(C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
(b) Certification.—Not later than 60 days after the date of enactment of this section, a transit agency that received funds pursuant to the CARES Act (Public Law 116–136) shall certify that the agency has not and shall not use such funds to purchase rolling stock described in subsection (a). Repayment shall also be required for any such agency that fails to certify in accordance with the preceding sentence.
(a) In general.—Section 5323 of title 49, United States Code, is amended by adding at the end the following:
“(y) Urbanized areas following a major disaster.—
“(1) DEFINED TERM.—In this subsection, the term ‘decennial census date’ has the meaning given the term in section 141(a) of title 13.
“(2) URBANIZED AREA MAJOR DISASTER POPULATION CRITERIA.—Notwithstanding section 5302, for purposes of this chapter, the Secretary shall treat an area as an urbanized area for the period described in paragraph (3) if—
“(A) a major disaster was declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) for the area during the 3-year period preceding the decennial census date for the 2010 decennial census or for any subsequent decennial census;
“(3) COVERED PERIOD.—The Secretary shall treat an area as an urbanized area under paragraph (2) during the period—
“(A) beginning on—
“(i) in the case of a major disaster described in paragraph (2)(A) that occurred during the 3-year period preceding the decennial census date for the 2010 decennial census, October 1 of the first fiscal year that begins after the date of enactment of this subsection; or
“(4) POPULATION CALCULATION.—An area treated as an urbanized area under this subsection shall be assigned the population and square miles of the urbanized area designated by the Secretary of Commerce in the most recent decennial census conducted before the major disaster described in paragraph (2)(A).
Section 5323(u)(5)(A) of title 49, United States Code, (as redesignated by this Act) is amended by striking “made by a public transportation agency with a rail rolling stock manufacturer described in paragraph (1)” and inserting “as of December 20, 2019, including options and other requirements tied to these contracts or subcontracts, made by a public transportation agency with a restricted rail rolling stock manufacturer”.
(a) Limitation of treatment of domestic or U.S. origin.—Notwithstanding any other provision of any law or any rule, regulation, or policy of the Administration, including part 661 of title 49, Code of Federal Regulations, no article, material, or supply, shall be treated as a component of “U.S. origin” for purposes of section 661.5 of title 49, Code of Federal Regulations, or a component or subcomponent of domestic origin for purposes of section 661.11 of title 49, Code of Federal Regulations, if—
(1) it contains any material inputs manufactured or supplied by entities that—
(A) are subject to relief authorized under the fair trade laws of the United States, including subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.) and subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.);
(2) it contains or uses covered telecommunications equipment or services as that term is defined by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232); or
(3) it is of a class or category of products and was produced by a manufacturer or an affiliate of such a manufacturer found to have violated United States intellectual property laws, including trade secret theft under section 1832(a)(5) of title 18, United States Code, found to have committed economic espionage under section 183J(a)(5) of such title, or deemed to have infringed the intellectual property rights of any person in the United States.
(b) Certification.—If buses or other rolling stock are being procured, the Administrator of the Federal Transit Administration shall require as a condition of responsiveness that each bidder certify that no component, subcomponent, article, material, or supply described in subparagraphs (A) through (C) of subsection (a)(1) of this section is incorporated in or used by the rolling stock that is offered by the bidder.
Section 5339(a) of title 49, United States Code, is amended—
(1) in paragraph (1)—
(2) in paragraph (2)(A) by striking “low or no emission vehicles” and inserting “zero emission vehicles”;
(5) in paragraph (7) by adding at the end the following:
“(C) SPECIAL RULE FOR BUSES AND RELATED EQUIPMENT FOR ZERO EMISSION VEHICLES.—Notwithstanding subparagraph (A), a grant for a capital project for buses and related equipment for zero emission vehicles under this subsection shall be for 90 percent of the net capital costs of the project. A recipient of a grant under this subsection may provide additional local matching amounts.”;
Section 5339(b) of title 49, United States Code, is amended—
(1) in the heading by striking “Buses and bus facilities competitive grants” and inserting “Bus facilities and fleet expansion competitive grants”;
(2) in paragraph (1)—
(3) by striking paragraph (2) and inserting the following:
“(2) GRANT CONSIDERATIONS.—In making grants—
“(A) under subparagraph (1)(A), the Secretary shall only consider—
“(i) the age and condition of bus-related facilities of the applicant compared to all applicants and proposed improvements to the resilience (as such term is defined in section 5302) of such facilities;
(a) In general.—Section 5339(c) of title 49, United States Code, is amended—
(2) in paragraph (1)—
(A) in subparagraph (B)—
(iv) in clause (iv) by striking “facilities and related equipment for low or no emission” and inserting “related equipment for zero emission”;
(E) by striking subparagraph (G) and inserting the following:
“(G) the term ‘eligible area’ means an area that is—
“(i) designated as a nonattainment area for ozone or particulate matter under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d));
(3) by striking paragraph (5) and inserting the following:
“(5) GRANT ELIGIBILITY.—In awarding grants under this subsection, the Secretary shall make grants to eligible projects relating to the acquisition or leasing of zero emission buses or bus facility improvements—
“(A) that procure—
(4) by adding at the end the following:
“(8) CERTIFICATION.—The Secretary of Commerce shall certify that no projects carried out under this subsection use minerals sourced or processed with child labor, as such term is defined in Article 3 of the International Labor Organization Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor (December 2, 2000), or in violation of human rights.”.
(b) Metropolitan transportation planning.—Section 5303(b) of title 49, United States Code, is amended by adding at the end the following:
“(8) MAINTENANCE AREA.—The term ‘maintenance area’ has the meaning given the term in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a).”.
Section 5339 of title 49, United States Code, is amended by adding at the end the following:
“(d) Restoration to state of good repair formula subgrant.—
“(1) GENERAL AUTHORITY.—The Secretary may make grants under this subsection to assist eligible recipients and subrecipients described in paragraph (2) in financing capital projects to replace, rehabilitate, and purchase buses and related equipment.
“(2) ELIGIBLE RECIPIENTS AND SUBRECIPIENTS.—Not later than September 1 annually, the Secretary shall make public a list of eligible recipients and subrecipients based on the most recent data available in the National Transit Database to calculate the 20 percent of eligible recipients and subrecipients with the highest percentage of asset vehicle miles for buses beyond the useful life benchmark established by the Federal Transit Administration.
“(3) URBAN APPORTIONMENTS.—Funds allocated under section 5338(a)(2)(L)(ii) shall be—
“(4) RURAL ALLOCATION.—The Secretary shall—
“(A) calculate the percentage of funds under section 5338(a)(2)(L)(ii) to allocate to rural subrecipients by dividing—
“(B) prior to the allocation described in paragraph (3)(B), apportion to each State the amount of the total rural allocation calculated under subparagraph (A) attributable to such State based the proportion that—
“(5) APPLICATION OF OTHER PROVISIONS.—Paragraphs (3), (7), and (8) of subsection (a) shall apply to eligible recipients and subrecipients described in paragraph (2) of a grant under this subsection.
“(6) PROHIBITION.—No eligible recipient or subrecipient outside the top 5 percent of asset vehicle miles for buses beyond the useful life benchmark established by the Federal Transit Administration may receive a grant in both fiscal year 2022 and fiscal year 2023.
Section 5336(j) of title 49, United States Code, is amended
(3) by adding at the end the following:
“(3) 30 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more in the ratio that—
“(4) 7.5 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population less than 200,000 in the ratio that—
Section 5311 of title 49, United States Code, as amended in section 2204, is further amended—
(1) in subsection (a) by adding at the end the following:
(2) in subsection (b)(2)(C)(i) by inserting “and persistent poverty counties” before the semicolon; and
(3) in subsection (c) by striking paragraph (2) and inserting the following:
“(2) PERSISTENT POVERTY PUBLIC TRANSPORTATION ASSISTANCE PROGRAM.—
“(A) IN GENERAL.—The Secretary shall carry out a public transportation assistance program for areas of persistent poverty.
“(B) APPORTIONMENT.—Of amounts made available or appropriated for each fiscal year under section 5338(a)(2)(E)(ii) to carry out this paragraph, the Secretary shall apportion funds to recipients for service in, or directly benefitting, persistent poverty counties for any eligible purpose under this section in the ratio that—
Section 5312 of title 49, United States Code, is amended by adding at the end the following:
“(j) Demonstration grants to support reduced fare transit.—
“(1) IN GENERAL.—Not later than 300 days after the date of enactment of the INVEST in America Act, the Secretary shall award grants (which shall be known as ‘Access to Jobs Grants’) to eligible entities, on a competitive basis, to implement reduced fare transit service.
“(2) NOTICE.—Not later than 180 days after the date of enactment of the INVEST in America Act, the Secretary shall provide notice to eligible entities of the availability of grants under paragraph (1).
“(3) APPLICATION.—To be eligible to receive a grant under this subsection, an eligible recipient shall submit to the Secretary an application containing such information as the Secretary may require, including, at a minimum, the following:
“(A) A description of how the eligible entity plans to implement reduced fare transit access with respect to low-income individuals, including any eligibility requirements for such transit access.
“(B) A description of how the eligible entity will consult with local community stakeholders, labor unions, local education agencies and institutions of higher education, public housing agencies, and workforce development boards in the implementation of reduced fares.
“(5) SELECTION OF ELIGIBLE RECIPIENTS.—In carrying out the program under this subsection, the Secretary shall award not more than 20 percent of grants to eligible entities located in rural areas.
“(6) USES OF FUNDS.—An eligible entity receiving a grant under this subsection shall use such grant to implement a reduced fare transit program and offset lost fare revenue.
“(7) DEFINITIONS.—In this subsection:
“(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a State, local, or Tribal governmental entity that operates a public transportation service and is a recipient or subrecipient of funds under this chapter.
“(B) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ means an individual—
“(i) that has qualified for—
“(I) any program of medical assistance under a State plan or under a waiver of the plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
“(II) supplemental nutrition assistance program (SNAP) under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
“(III) the program of block grants for States for temporary assistance for needy families (TANF) established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
“(IV) the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
“(V) a housing voucher through section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o));
“(VII) special supplemental food program for women, infants and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); or
“(ii) whose family income is at or below a set percent (as determined by the eligible recipient) of the poverty line (as that term is defined in section 673(2) of the Community Service Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved.
“(8) REPORT.—The Secretary shall designate a university transportation center under section 5505 to collaborate with the eligible entities receiving a grant under this subsection to collect necessary data to evaluate the effectiveness of meeting the targets described in the application of such recipient, including increased ridership and progress towards significantly closing transit equity gaps.”.
Section 5314(b) of title 49, United States Code, is amended—
(1) by striking paragraph (2) and inserting the following:
“(2) NATIONAL TRANSIT FRONTLINE WORKFORCE TRAINING CENTER.—
“(A) ESTABLISHMENT.—The Secretary shall establish a national transit frontline workforce training center (hereinafter referred to as the ‘Center’) and award grants to a nonprofit organization with a demonstrated capacity to develop and provide transit career ladder programs through labor-management partnerships and apprenticeships on a nationwide basis, in order to carry out the duties under subparagraph (B). The Center shall be dedicated to the needs of the frontline transit workforce in both rural and urban transit systems by providing standards-based training in the maintenance and operations occupations.
“(B) DUTIES.—
“(i) IN GENERAL.—In cooperation with the Administrator of the Federal Transit Administration, public transportation authorities, and national entities, the Center shall develop and conduct training and educational programs for frontline local transportation employees of recipients eligible for funds under this chapter.
“(ii) TRAINING AND EDUCATIONAL PROGRAMS.—The training and educational programs developed under clause (i) may include courses in recent developments, techniques, and procedures related to—
“(I) developing consensus national training standards in partnership with industry stakeholders for key frontline transit occupations with demonstrated skill gaps;
“(II) developing national systems of qualification and apprenticeship for transit maintenance and operations occupations;
“(III) building local, regional, and statewide transit training partnerships to identify and address workforce skill gaps and develop skills needed for delivering quality transit service and supporting employee career advancement;
“(IV) developing programs for training of transit frontline workers, instructors, mentors, and labor-management partnership representatives, in the form of classroom, hands-on, on-the-job, and web-based training, delivered at a national center, regionally, or at individual transit agencies;
“(V) developing training programs for skills related to existing and emerging transit technologies, including zero emission buses;
“(VI) developing improved capacity for safety, security, and emergency preparedness in local transit systems and in the industry as a whole through—
“(VII) developing local transit capacity for career pathways partnerships with schools and other community organizations for recruiting and training under-represented populations as successful transit employees who can develop careers in the transit industry; and
“(VIII) in collaboration with the Administrator of the Federal Transit Administration and organizations representing public transit agencies, conducting and disseminating research to—
“(bb) determine the most cost-effective methods for transit workforce training and development, including return on investment analysis;
“(C) COORDINATION.—The Secretary shall coordinate activities under this section, to the maximum extent practicable, with the National Office of Apprenticeship of the Department of Labor and the Office of Career, Technical, and Adult Education of the Department of Education.
“(D) AVAILABILITY OF AMOUNTS.—
Section 5329 of title 49, United States Code, is amended—
(2) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (A) by inserting “the safety committee established under paragraph (4), and subsequently,” before “the board of directors”;
(ii) in subparagraph (C) by striking “public, personnel, and property” and inserting “public and personnel to injuries, assaults, and fatalities, and strategies to minimize the exposure of property”;
(iii) by striking subparagraph (G) and inserting the following:
“(G) a comprehensive staff training program for the operations and maintenance personnel and personnel directly responsible for safety of the recipient that includes—
“(H) a requirement that the safety committee only approve a safety plan under subparagraph (A) if such plan stays within such recipient’s fiscal budget; and
“(I) a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents, injuries, and assaults on transit workers using data submitted to the National Transit Database, including—
“(i) a reduction of vehicular and pedestrian accidents involving buses that includes measures to reduce visibility impairments for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments; and
“(ii) transit worker assault mitigation, including the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into bus operators’ workstations when a recipient’s risk analysis performed by the safety committee established in paragraph (4) determines that such barriers or other measures would reduce assaults on and injuries to transit workers; and”; and
(B) by adding at the end the following:
“(4) SAFETY COMMITTEE.—For purposes of the approval process of an agency safety plan under paragraph (1), the safety committee shall be convened by a joint labor-management process and consist of an equal number of—
(a) Prohibition on use of funds.—No financial assistance under chapter 53 of title 49, United States Code, may be used for—
(1) an automated vehicle providing public transportation unless—
(b) Workforce development plan.—
(1) IN GENERAL.—A recipient of financial assistance under chapter 53 of title 49, United States Code, proposing to deploy an automated vehicle providing public transportation or mobility on demand service shall submit to the Secretary, prior to implementation of such service, a workforce development plan if such service, combined with any other automated vehicle providing public transportation or mobility on demand service offered by such recipient, would exceed by more than 0.5 percent of the recipient’s total transit passenger miles traveled.
(2) CONTENTS.—The workforce development plan under subsection (a) shall include the following:
(A) A description of services offered by existing modes of public transportation in the area served by the recipient that could be affected by the proposed automated vehicle providing public transportation or mobility on demand service, including jobs and functions of such jobs.
(B) A forecast of the number of jobs provided by existing modes of public transportation that would be eliminated or that would be substantially changed and the number of jobs expected to be created by the proposed automated vehicle providing public transportation or mobility on demand service over a 5-year period from the date of the publication of the workforce development plan.
(C) Identified gaps in skills needed to operate and maintain the proposed automated vehicle providing public transportation or mobility on demand service.
(c) Notice required.—
(1) IN GENERAL.—A recipient of financial assistance under chapter 53 of title 49, United States Code, shall issue a notice to employees who, due to the use of an automated vehicle providing public transportation or mobility on demand service, may be subjected to a loss of employment or a change in responsibilities not later than 60 days before issuing a request for proposals to procure or contract for such a vehicle.
(d) Definitions.—In this section:
(1) AUTOMATED VEHICLE.—The term “automated vehicle” means a motor vehicle that—
(A) is capable of performing the entire task of driving (including steering, accelerating and decelerating, and reacting to external stimulus) without human intervention; and
(B) is designed to be operated exclusively by a Level 4 or Level 5 automated driving system for all trips according to the recommended practice standards published on June 15, 2018, by the Society of Automotive Engineers International (J3016_201806) or equivalent standards adopted by the Secretary with respect to automated motor vehicles.
Section 5329(d)(2) of title 49, United States Code, is amended to read as follows:
“(2) SAFETY COMMITTEE PERFORMANCE MEASURES.—
“(A) IN GENERAL.—The safety committee described in paragraph (4) shall establish performance measures for the risk reduction program in paragraph (1)(I) using a 3-year rolling average of the data submitted by the recipient to the National Transit Database.
“(B) SAFETY SET ASIDE.—With respect to a recipient serving an urbanized area that receives funds under section 5307, such recipient shall allocate not less than 0.75 percent of such funds to projects eligible under 5307.
“(C) FAILURE TO MEET PERFORMANCE MEASURES.—Any recipient that receives funds under section 5307 that does not meet the performance measures established in subparagraph (A) shall allocate the amount made available in subparagraph (B) in the following fiscal year to projects described in subparagraph (D).
(a) In general.—Chapter 53 of title 49, United States Code, is amended by adding at the end the following:
“(a) Definitions.—In this section:
“(1) COMMITMENT TO HIGH-QUALITY CAREER AND BUSINESS OPPORTUNITIES.—The term ‘commitment to high-quality career and business opportunities’ means participation in a registered apprenticeship program.
“(2) COVERED INFRASTRUCTURE PROGRAM.—The term ‘covered infrastructure program’ means any activity under program or project under this chapter for the purchase or acquisition of rolling stock.
“(3) U.S. EMPLOYMENT PLAN.—The term ‘U.S. Employment Plan’ means a plan under which an entity receiving Federal assistance for a project under a covered infrastructure program shall—
“(A) include in a request for proposal an encouragement for bidders to include, with respect to the project—
“(4) REGISTERED APPRENTICESHIP PROGRAM.—The term ‘registered apprenticeship program’ means an apprenticeship program registered with the Department of Labor or a Federally-recognized State Apprenticeship Agency and that complies with the requirements under parts 29 and 30 of title 29, Code of Federal Regulations, as in effect on January 1, 2019.
“(b) Best-value framework.—To the maximum extent practicable, a recipient of assistance under a covered infrastructure program is encouraged—
“(1) to ensure that each dollar invested in infrastructure uses a best-value contracting framework to maximize the local value of federally funded contracts by evaluating bids on price and other technical criteria prioritized in the bid, such as—
“(c) Preference for registered apprenticeship programs.—To the maximum extent practicable, a recipient of assistance under a covered infrastructure program, with respect to the project for which the assistance is received, shall give preference to a bidder that demonstrates a commitment to high-quality job opportunities affiliated with registered apprenticeship programs.
“(d) Use of U.S. employment plan.—Notwithstanding any other provision of law, in carrying out a project under a covered infrastructure program, each entity that receives Federal assistance shall use a U.S. Employment Plan for each contract of $10,000,000 or more for the purchase of manufactured goods or of services, based on an independent cost estimate.
“(e) Priority.—The head of the relevant Federal agency shall ensure that the entity carrying out a project under the covered infrastructure program gives priority to—
“(1) individuals with a barrier to employment (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), including ex-offenders and disabled individuals;
“(f) Report.—Not less frequently than once each fiscal year, the heads of the relevant Federal agencies shall jointly submit to Congress a report describing the implementation of this section.
“(g) Intent of Congress.—
“(1) IN GENERAL.—It is the intent of Congress—
“(A) to encourage recipients of Federal assistance under covered infrastructure programs to use a best-value contracting framework described in subsection (b) for the purchase of goods and services;
“(B) to encourage recipients of Federal assistance under covered infrastructure programs to use preferences for registered apprenticeship programs as described in subsection (c) when evaluating bids for projects using that assistance;
“(2) INCLUSION.—A best-value contracting framework described in subsection (b) is a framework that authorizes a recipient of Federal assistance under a covered infrastructure program, in awarding contracts, to evaluate a range of factors, including price, the quality of products, the quality of services, and commitments to the creation of good jobs for all people in the United States.
“(h) Award basis.—
“(1) PRIORITY FOR TARGETED HIRING OR U.S. EMPLOYMENT PLAN PROJECTS.—In awarding grants under this section, the Secretary shall give priority to eligible entities that—
“(A) ensure that not less than 50 percent of the workers hired to participate in the job training program are hired through local hiring in accordance with subsection (e), including by prioritizing individuals with a barrier to employment (including ex-offenders), disabled individuals (meaning an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)), veterans, and individuals that represent populations that are traditionally underrepresented in the infrastructure workforce; or
(b) Clerical amendment.—The analysis for chapter 53 of title 49, United States Code, is amended by adding at the end the following:
“5341. U.S. Employment Plan.”.
(a) In general.—Chapter 53 of title 49, United States Code, is amended by inserting after section 5327 the following:
Ҥ 5328. Transit-supportive communities
“(a) Establishment.—The Secretary shall establish within the Federal Transit Administration, an Office of Transit-Supportive Communities to make grants, provide technical assistance, and assist in the coordination of transit and housing policies within the Federal Transit Administration, the Department of Transportation, and across the Federal Government.
“(b) Transit Oriented Development Planning Grant Program.—
“(1) DEFINITION.—In this subsection the term ‘eligible project’ means—
“(A) a new fixed guideway capital project or a core capacity improvement project as defined in section 5309;
“(2) GENERAL AUTHORITY.—The Secretary may make grants under this subsection to a State , local governmental authority, or metropolitan planning organization to assist in financing comprehensive planning associated with an eligible project that seeks to—
“(3) ELIGIBILITY.—A State , local governmental authority, or metropolitan planning organization that desires to participate in the program under this subsection shall submit to the Secretary an application that contains at a minimum—
“(C) a description of how the eligible project and the proposed comprehensive plan advance the metropolitan transportation plan of the metropolitan planning organization;
“(D) proposed performance criteria for the development and implementation of the comprehensive plan;
“(c) Technical assistance.—The Secretary shall provide technical assistance to States, local governmental authorities, and metropolitan planning organizations in the planning and development of transit-oriented development projects and transit supportive corridor policies, including—
“(2) the integration of transit-oriented development and transit-supportive corridor policies in the preparation for and development of an application for funding under section 602 of title 23;
“(3) the siting, planning, financing, and integration of transit-oriented development and transit supportive corridor policies associated with projects under section 5309;
“(d) Value capture policy requirements.—
“(1) VALUE CAPTURE POLICY.—Not later than October 1 of the fiscal year that begins 2 years after the date of enactment of this section, the Secretary, in collaboration with State departments of transportation, metropolitan planning organizations, and regional council of governments, shall establish voluntary and consensus-based value capture standards, policies, and best practices for State and local value capture mechanisms that promote greater investments in public transportation and affordable transit-oriented development.
“(2) REPORT.—Not later than 15 months after the date of enactment of this section, the Secretary shall make available to the public a report cataloging examples of State and local laws and policies that provide for value capture and value sharing that promote greater investment in public transportation and affordable transit-oriented development.
“(d) Equity.—In providing technical assistance under subsection (c), the Secretary shall incorporate strategies to promote equity for underrepresented and underserved communities, including—
“(d) Authority to request staffing assistance.—In fulfilling the duties of this section, the Secretary shall, as needed, request staffing and technical assistance from other Federal agencies, programs, administrations, boards, or commissions.
“(e) Review existing policies and programs.—Not later than 24 months after the date of enactment of this section, the Secretary shall review and evaluate all existing policies and programs within the Federal Transit Administration that support or promote transit-oriented development to ensure their coordination and effectiveness relative to the goals of this section.
“(f) Reporting.—Not later than February 1 of each year beginning the year after the date of enactment of this section, the Secretary shall prepare a report detailing the grants and technical assistance provided under this section, the number of affordable housing units constructed or planned as a result of projects funded in this section, and the number of affordable housing units constructed or planned as a result of a property transfer under section 5334(h)(1). The report shall be provided to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(b) Clerical amendment.—The analysis for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5327 the following:
“5328. Transit-supportive communities.”.
(c) Technical and conforming amendment.—Section 20005 of the MAP–21 (Public Law 112–141) is amended—
Section 5334(h)(1) of title 49, United States Code, is amended to read as follows:
“(1) IN GENERAL.—If a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to—
“(A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides—
“(i) the asset will remain in public use for at least 5 years after the date the asset is transferred;
“(ii) there is no purpose eligible for assistance under this chapter for which the asset should be used;
“(B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides—
“(iii) at least 40 percent of the housing units offered in the transit-oriented development , including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and/or owners with incomes at or below 60 percent the area median income;
“(iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and
Section 5309 of title 49, United States Code, is amended—
(1) in subsection (g)—
(A) in paragraph (2)(B)—
(iii) by adding at the end the following:
“(iii) in the case of a new fixed guideway capital project or a core capacity improvement project, allow a weighting five points greater to the economic development subfactor and five points lesser to the lowest scoring subfactor if the applicant demonstrates substantial efforts to preserve or encourage affordable housing near the project by providing documentation of policies that allow by-right multi-family housing, single room occupancy units, or accessory dwelling units, providing local capital sources for transit-oriented development, or demonstrate other methods as determined by the Secretary.”; and
(2) in subsection (l)(4)—
(C) by adding at the end the following:
“(D) from grant proceeds distributed under section 103 of the Housing and Community Development Act of 1974 (42 U.S.C. 5303) or section 201 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141) provided that—
Section 5312(d) of title 49, United States Code, is amended by adding at the end the following:
Section 5312(d) of title 49, United States Code, is further amended by adding at the end the following:
“(4) TRANSIT BUS OPERATOR COMPARTMENT REDESIGN PROGRAM.—
“(A) IN GENERAL.—The Secretary may make funding available under this subsection to carry out research on redesigning transit bus operator compartments to improve safety, operational efficiency, and passenger accessibility.
“(B) OBJECTIVES.—Research objectives under this paragraph shall include—
“(ii) optimizing operator visibility and reducing operator distractions to improve safety of bus passengers, pedestrians, bicyclists, and other roadway users;
“(iii) expanding passenger accessibility for positive interactions between operators and passengers, including assisting passengers in need of special assistance;
“(iv) accommodating compliance for passenger boarding, alighting, and securement with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
“(C) ACTIVITIES.—Eligible activities under this paragraph shall include—
“(i) measures to reduce visibility impairments and distractions for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments and distractions;
“(ii) the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into bus operators’ workstations;
“(iii) technologies to improve passenger accessibility, including boarding, alighting, and securement in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
“(D) ELIGIBLE ENTITIES.—Entities eligible to receive funding under this paragraph shall include consortia consisting of, at a minimum:
“(iii) representatives from organizations engaged in collective bargaining on behalf of transit workers in not fewer than 3 States; and
“(iv) any nonprofit institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”.
Section 5312 of title 49, United States Code, as amended by section 2503, is further amended by adding at the end the following:
“(k) Every Day Counts initiative.—
“(1) IN GENERAL.—It is in the national interest for the Department of Transportation and recipients of Federal public transportation funds—
“(A) to identify, accelerate, and deploy innovation aimed at expediting project delivery, enhancing the safety of transit systems of the United States, and protecting the environment;
“(B) to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner;
“(2) FTA EVERY DAY COUNTS INITIATIVE.—To advance the policies described in paragraph (1), the Administrator of the Federal Transit Administration shall adopt the Every Day Counts initiative to work with recipients to identify and deploy the proven innovation practices and products that—
“(3) CONSIDERATION.—In accordance with the Every Day Counts goals described in paragraphs (1) and (2), the Administrator shall consider research conducted through the university transportation centers program in section 5505.
Section 5312 of title 49, United States Code, as amended in section 2503 and 2803, is further amended—
(1) in subsection (e)—
(a) Establishment.—The Secretary shall establish a national advanced technology transit bus development program to facilitate the development and testing of commercially viable advanced technology transit buses that do not exceed a Level 3 automated driving system and related infrastructure.
(c) Grants.—The Secretary may enter into grants, contracts, and cooperative agreements with no more than 3 geographically diverse nonprofit organizations and recipients under chapter 53 of title 49, United States Code, to facilitate the development and testing of commercially viable advance technology transit buses and related infrastructure.
(d) Considerations.—The Secretary shall consider the applicant’s—
(1) ability to contribute significantly to furthering advanced technologies as it relates to transit bus operations, including advanced driver assistance systems, automatic emergency braking, accessibility, and energy efficiency;
The Secretary shall not consider applicants working on autonomous vehicles.
(e) Competitive grant selection.—The Secretary shall conduct a national solicitation for applications for grants under the program. Grant recipients shall be selected on a competitive basis. The Secretary shall give priority consideration to applicants that have successfully managed advanced transportation technology projects, including projects related to public transportation operations for a period of not less than 5 years.
(f) Consortia.—As a condition of receiving an award in (c), the Secretary shall ensure—
(1) that the selected non-profit recipients subsequently establish a consortia for each proposal submitted, including representatives from a labor union, transit agency, an FTA-designated university bus and component testing center, a Buy America compliant transit bus manufacturer, and others as determined by the Secretary;
Section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432) is amended—
(1) in subsection (b) by striking “The Federal” and inserting “Except as provided in subsection (f)(2), the Federal”;
(2) by striking subsections (d) through (f) and inserting the following:
“(d) Required board approval.—No amounts may be provided to the Transit Authority under this section until the Transit Authority certifies to the Secretary of Transportation that—
“(1) a board resolution has passed on or before July 1, 2021, and is in effect for the period of July 1, 2022 through June 30, 2031, that—
“(A) establishes an independent budget authority for the Office of Inspector General of the Transit Authority;
“(B) establishes an independent procurement authority for the Office of Inspector General of the Transit Authority;
“(C) establishes an independent hiring authority for the Office of Inspector General of the Transit Authority;
“(D) ensures the Inspector General of the Transit Authority can obtain legal advice from a counsel reporting directly to the Inspector General;
“(E) requires the Inspector General of the Transit Authority to submit recommendations for corrective action to the General Manager and the Board of Directors of the Transit Authority;
“(F) requires the Inspector General of the Transit Authority to publish any recommendation described in subparagraph (E) on the website of the Office of Inspector General of the Transit Authority, except that the Inspector General may redact personally identifiable information and information that, in the determination of the Inspector General, would pose a security risk to the systems of the Transit Authority;
“(G) requires the Board of Directors of the Transit Authority to provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not less than 30 days before the Board of Directors removes the Inspector General of the Transit Authority, which shall include the reasons for removal and supporting documentation; and
“(e) Authorizations.—
“(1) IN GENERAL.—There are authorized to be appropriated to the Secretary of Transportation for grants under this section—
“(2) SET ASIDE FOR OFFICE OF INSPECTOR GENERAL OF TRANSIT AUTHORITY.—From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations.”; and
Section 5336 of title 49, United States Code, is amended—
(1) in subsection (h)—
(A) in the matter preceding paragraph (1) by striking “section 5336(a)(2)(C)” and inserting “section 5336(a)(2)(B)”;
(2) in subsection (i) by adding at the end the following:
“(3) CENSUS PHASE-OUT.—Before apportioning funds under subsection (h)(3), for any urbanized area that is no longer an eligible area due to a change in population in the most recent decennial census, the Secretary shall apportion to such urbanized area, for 3 fiscal years, an amount equal to half of the funds apportioned to such urbanized area pursuant to this subsection for the previous fiscal year.”.
Section 5309 of title 49, United States Code, as amended by section 2703 of this Act, is further amended—
(2) in subsection (b)(2) by inserting “expanding station capacity,” after “construction of infill stations,”;
(3) in subsection (d)(1)—
(4) in subsection (e)(1)—
(6) in subsection (f)—
(A) in paragraph (1) by striking “subsection (d)(2)(A)(v)” and inserting “subsection (d)(2)(A)(iv)”;
(C) by adding at the end the following:
“(3) COST-SHARE INCENTIVES.—For a project for which a lower CIG cost share is elected by the applicant under subsection (l)(1)(C), the Secretary shall apply the following requirements and considerations in lieu of paragraphs (1) and (2):
“(A) REQUIREMENTS.—In determining whether a project is supported by local financial commitment and shows evidence of stable and dependable financing sources for purposes of subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall require that—
“(i) the proposed project plan provides for the availability of contingency amounts that the applicant determines to be reasonable to cover unanticipated cost increases or funding shortfalls;
“(ii) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and
“(iii) an applicant certifies that local resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the project.
“(B) CONSIDERATIONS.—In assessing the stability, reliability, and availability of proposed sources of local financing for purposes of subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall consider—
“(i) the reliability of the forecasting methods used to estimate costs and revenues made by the recipient and the contractors to the recipient;
(7) in subsection (g)—
(A) in paragraph (2)(A) by striking “degree of local financial commitment” and inserting “criteria in subsection (f)” each place it appears;
(B) in paragraph (3) by striking “The Secretary shall” and all that follows through the end and inserting the following: The Secretary shall—
“(A) to the maximum extent practicable, develop and use special warrants for making a project justification determination under subsection (d)(2) or (e)(2), as applicable, for a project proposed to be funded using a grant under this section if—
(D) by striking paragraph (6) and inserting the following:
(8) in subsection (h)—
(A) in paragraph (5) by inserting “, except that for a project for which a lower local cost share is elected under subsection (l)(1)(C), the Secretary shall enter into a grant agreement under this subsection for any such project that establishes contingency amounts that the applicant determines to be reasonable to cover unanticipated cost increases or funding shortfalls” before the period at the end; and
(9) by striking subsection (i) and inserting the following:
“(i) Interrelated projects.—
“(1) RATINGS IMPROVEMENT.—The Secretary shall grant a rating increase of 1 level in mobility improvements to any project being rated under subsection (d), (e), or (h), if the Secretary certifies that the project has a qualifying interrelated project that meets the requirements of paragraph (2).
“(2) INTERRELATED PROJECT.—A qualifying interrelated project is a transit project that—
“(B) has received a class of action designation under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(10) in subsection (k)—
(A) in paragraph (2)(D) by adding at the end the following:
“(v) LOCAL FUNDING COMMITMENT.— For a project for which a lower CIG cost share is elected by the applicant under subsection (l)(1)(C), the Secretary shall enter into a full funding grant agreement that has at least 75 percent of local financial commitment committed and the remaining percentage budgeted for the proposed purposes.”; and
(11) in subsection (l)—
(A) in paragraph (1) by striking subparagraph (B) and inserting the following:
“(B) CAP.—Except as provided in subparagraph (C), a grant for a project under this section shall not exceed 80 percent of the net capital project cost, except that a grant for a core capacity improvement project shall not exceed 80 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor.
“(C) APPLICANT ELECTION OF LOWER LOCAL CIG COST SHARE.—An applicant may elect a lower local CIG cost share for a project under this section for purposes of application of the cost-share incentives under subsection (f)(3). Such cost share shall not exceed 60 percent of the net capital project cost, except that for a grant for a core capacity improvement project such cost share shall not exceed 60 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor.”;
(B) by striking paragraph (5) and inserting the following:
“(5) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be construed as authorizing the Secretary to require, incentivize (in any manner not specified in this section), or place additional conditions upon a non-Federal financial commitment for a project that is more than 20 percent of the net capital project cost or, for a core capacity improvement project, 20 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor.”; and
(C) by striking paragraph (8) and inserting the following:
“(8) CONTINGENCY SHARE.—The Secretary shall provide funding for the contingency amount equal to the proportion of the CIG cost share. If the Secretary increases the contingency amount after a project has received a letter of no prejudice or been allocated appropriated funds, the federal share of the additional contingency amount shall be 25 percent higher than the original proportion the CIG cost share and in addition to the grant amount set in subsection (k)(2)(C)(ii).”;
(12) in subsection (o) by adding at the end the following:
“(4) CIG PROGRAM DASHBOARD.—Not later than the fifth day of each month, the Secretary shall make publicly available on a website data on, including the status of, each project under this section that is in the project development phase, in the engineering phase, or has received a grant agreement and remains under construction. Such data shall include, for each project—
“(A) the amount and fiscal year of any funding appropriated, allocated, or obligated for the project;
(14) by adding at the end the following:
“(r) Publication .—
“(1) PUBLICATION.—The Secretary shall publish a record of decision on all projects in the New Starts tranche of the program within 2 years of receiving a project's draft environmental impact statement or update or change to such statement.
“(2) FAILURE TO ISSUE RECORD OF DECISION.—For each calendar month beginning on or after the date that is 12 months after the date of enactment of the INVEST in America Act in which the Secretary has not published a record of decision for the final environmental impact statement on projects in the New Starts tranche for at least 1 year, the Secretary shall reduce the full-time equivalent employees within the immediate office of the Secretary by 1.”.
Section 5336(d) of title 49, United States Code, is amended—
Section 5334 of title 49, United States Code, is further amended by adding at the end the following:
“(l) Disposition of assets beyond useful life.—
“(1) IN GENERAL.—If a recipient, or subrecipient, for assistance under this chapter disposes of an asset with a current market value, or proceed from the sale of such asset, acquired under this chapter at least in part with such assistance, after such asset has reached the useful life of such asset, the Secretary shall allow the recipient, or subrecipient, to use the proceeds attributable to the Federal share of such asset calculated under paragraph (3) for capital projects under section 5307, 5310, or 5311.
“(2) MINIMUM VALUE.—This subsection shall only apply to assets with a current market value, or proceeds from sale, of at least $5,000.
Section 5310 of title 49, United States Code, as amended by section 2205, is further amended by adding at the end the following:
“(k) Innovative coordinated access and mobility.—
“(1) START UP GRANTS.—
“(A) IN GENERAL.—The Secretary may make grants under this paragraph to eligible recipients to assist in financing innovative projects for the transportation disadvantaged that improve the coordination of transportation services and non-emergency medical transportation services.
“(B) APPLICATION.—An eligible recipient shall submit to the Secretary an application that, at a minimum, contains—
“(ii) an identification of all eligible project partners and the specific role of each eligible project partner in the eligible project, including—
“(I) private entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged;
“(C) PERFORMANCE MEASURES.—An eligible recipient shall specify, in an application for a grant under this paragraph, the performance measures the eligible project will use to quantify actual outcomes against expected outcomes, including—
“(D) ELIGIBLE USES.—Eligible recipients receiving a grant under this section may use such funds for—
“(iii) projects that integrate transportation for 3 or more of—
“(II) a State plan approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
“(III) title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.);
“(2) INCENTIVE GRANTS.—
“(A) IN GENERAL.—The Secretary may make grants under this paragraph to eligible recipients to incentivize innovative projects for the transportation disadvantaged that improve the coordination of transportation services and non-emergency medical transportation services.
“(B) SELECTION OF GRANT RECIPIENTS.—The Secretary shall distribute grant funds made available to carry out this paragraph as described in subparagraph (E) to eligible recipients that apply and propose to demonstrate improvement in the metrics described in subparagraph (F).
“(C) ELIGIBILITY.—An eligible recipient shall not be required to have received a grant under paragraph (1) to be eligible to receive a grant under this paragraph.
“(D) APPLICATIONS.—Eligible recipients shall submit to the Secretary an application that includes—
“(E) DISTRIBUTION.—The Secretary shall distribute funds made available to carry out this paragraph based upon the number of grant applications approved by the Secretary, number of individuals served by each grant, and the incentive formulas approved by the Secretary using the following metrics:
“(3) REPORT.—The Secretary shall make publicly available an annual report on the program carried out under this subsection for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of the activities carried out under the program, and an evaluation of the program, including an evaluation of the performance measures used by eligible recipients.
Section 5307(h) of title 49, United States Code, is amended by adding at the end the following paragraph:
“(4) ZERO-EMISSION OR REDUCED-EMISSION GRANTS.—
“(A) DEFINITIONS.—In this paragraph—
“(i) the term ‘eligible project’ means a project or program of projects in an area eligible for a grant under subsection (a) for—
“(III) constructing facilities and related equipment for zero- or reduced-emission passenger ferries;
“(V) constructing new public transportation facilities to accommodate zero- or reduced-emission passenger ferries;
“(ii) the term ‘zero- or reduced-emission passenger ferry’ means a passenger ferry used to provide public transportation that reduces emissions by utilizing onboard energy storage systems for hybrid-electric or 100 percent electric propulsion, related charging infrastructure, and other technologies deployed to reduce emissions or produce zero onboard emissions under normal operation; and
“(B) GENERAL AUTHORITY.—The Secretary may make grants to recipients to finance eligible projects under this paragraph.
“(C) GRANT REQUIREMENTS.—A grant under this paragraph shall be subject to the same terms and conditions as a grant under subsection (a).
“(D) COMPETITIVE PROCESS.—The Secretary shall solicit grant applications and make grants for eligible projects under this paragraph on a competitive basis.
(a) In general.—The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—For carrying out section 403 of title 23, United States Code—
(3) NATIONAL PRIORITY SAFETY PROGRAMS.—For carrying out section 405 of title 23, United States Code—
(4) NATIONAL DRIVER REGISTER.—For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code—
(5) HIGH-VISIBILITY ENFORCEMENT PROGRAM.—For carrying out section 404 of title 23, United States Code—
(6) ADMINISTRATIVE EXPENSES.—For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code—
(b) Prohibition on other uses.—Except as otherwise provided in chapter 4 of title 23, United States Code, and chapter 303 of title 49, United States Code, the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a program under such chapters—
(c) Applicability of title 23.—Except as otherwise provided in chapter 4 of title 23, United States Code, and chapter 303 of title 49, United States Code, amounts made available under subsection (a) for fiscal years 2022 through 2025 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.
(d) Regulatory authority.—Grants awarded under chapter 4 of title 23, United States Code, including any amendments made by this title, shall be carried out in accordance with regulations issued by the Secretary of Transportation.
(e) State matching requirements.—If a grant awarded under chapter 4 of title 23, United States Code, requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during a fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any other project carried out under chapter 4 of title 23, United States Code (other than planning or administration), without regard to whether such expenditures were made in connection with such project.
(f) Grant application and deadline.—To receive a grant under chapter 4 of title 23, United States Code, a State shall submit an application, and the Secretary of Transportation shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year.
Section 402 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (2)(A)—
(i) in clause (ii) by striking “occupant protection devices (including the use of safety belts and child restraint systems)” and inserting “seatbelts”;
(iii) by inserting after clause (viii) the following:
“(ix) to encourage more widespread and proper use of child safety seats (including booster seats) with an emphasis on underserved populations;
“(x) to reduce injuries and deaths resulting from drivers of motor vehicles not moving to another traffic lane or reducing the speed of such driver’s vehicle when law enforcement, fire service, emergency medical services, and other emergency vehicles are stopped or parked on or next to a roadway with emergency lights activated; and
(B) by adding at the end the following:
“(3) ADDITIONAL CONSIDERATIONS.—States which have legalized medicinal or recreational marijuana shall consider programs in addition to the programs described in paragraph (2)(A) to educate drivers on the risks associated with marijuana-impaired driving and to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana.”;
(2) in subsection (c)(4)—
(C) by inserting after subparagraph (A) the following:
(3) in subsection (n)—
(A) by striking “Public transparency” and all that follows through “The Secretary” and inserting the following: Public transparency.—
(B) by adding at the end the following:
“(2) STATE HIGHWAY SAFETY PLAN WEBSITE.—
“(A) IN GENERAL.—In carrying out the requirements of paragraph (1), the Secretary shall establish a public website that is easily accessible, navigable, and searchable for the information required under paragraph (1), in order to foster greater transparency in approved State highway safety programs.
“(B) CONTENTS.—The website established under subparagraph (A) shall—
“(i) include each State highway safety plan and annual report submitted and approved by the Secretary under subsection (k);
Section 402 of title 23, United States Code, as amended by section 3002 of this Act, is further amended by inserting after subsection (k) the following:
“(l) Traffic safety enforcement grants.—
“(1) GENERAL AUTHORITY.—Subject to the requirements under this subsection, the Secretary shall award grants to States for the purpose of carrying out top-rated traffic safety enforcement countermeasures to reduce traffic-related injuries and fatalities.
“(2) EFFECTIVE COUNTERMEASURE DEFINED.—In this subsection, the term ‘effective countermeasure’ means a countermeasure rated 3, 4, or 5 stars in the most recent edition of the National Highway Traffic Safety Administration’s Countermeasures That Work highway safety guide.
“(3) FUNDING.—Notwithstanding the apportionment formula set forth in section 402(c)(2), the Secretary shall set aside $35,000,000 of the funds made available under this section for each fiscal year to be allocated among up to 10 States.
“(4) SELECTION CRITERIA.—The Secretary shall select up to 10 applicants based on the following criteria:
“(5) ELIGIBILITY.—A State may receive a grant under this subsection in a fiscal year if the State demonstrates, to the satisfaction of the Secretary, that the State is able to meet the requirements in paragraph (6).
“(6) REQUIREMENTS.—In order to receive funds, a State must establish an agreement with the Secretary to—
“(B) determine the most effective countermeasures to implement in those areas, with priority given to countermeasures rated above 3 stars; and
“(7) USE OF FUNDS.—
“(8) ALLOCATION.—Grant funds allocated to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under subsection (c)(2) for the fiscal year.
“(9) MAINTENANCE OF EFFORT.—No grant may be made to a State in any fiscal year under this subsection unless the State enters into such an agreement with the Secretary, as the Secretary may require, to ensure that the State will maintain its aggregate expenditures from all State and local sources for activities carried out in accordance with this subsection at or above the average level of expenditures in the 2 fiscal years preceding the date of enactment of this subsection.
“(10) ANNUAL EVALUATION AND REPORT TO CONGRESS.—The Secretary shall conduct an annual evaluation of the effectiveness of grants awarded under this subsection and shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual report on the effectiveness of the grants.”.
Section 403 of title 23, United States Code, is amended—
(2) in subsection (f)(1)—
(B) by striking “subsection 402(c) in each fiscal year ending before October 1, 2015, and $443,989 of the total amount available for apportionment to the States for highway safety programs under section 402(c) in the period beginning on October 1, 2015, and ending on December 4, 2015,” and inserting “section 402(c)(2) in each fiscal year”; and
Section 403 of title 23, United States Code, as amended by section 3004 of this Act, is further amended by adding at the end the following:
“(j) Grant program to prohibit racial profiling.—
“(1) GENERAL AUTHORITY.—Subject to the requirements of this subsection, the Secretary shall make grants to a State that—
“(2) USE OF GRANT FUNDS.—A grant received by a State under paragraph (1) shall be used by the State for the costs of—
“(3) LIMITATIONS.—
“(4) FUNDING.—
“(A) IN GENERAL.—From funds made available under this section, the Secretary shall set aside $7,500,000 for each fiscal year to carry out this subsection.
“(B) OTHER USES.—The Secretary may reallocate, before the last day of any fiscal year, amounts remaining available under subparagraph (A) to increase the amounts made available to carry out any other activities authorized under this section in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year.”.
Section 404 of title 23, United States Code, is amended—
(1) in subsection (a) by striking “3 campaigns will be carried out in each of fiscal years 2016 through 2020” and inserting “6 campaigns will be carried out in each of fiscal years 2022 through 2025”;
(2) in subsection (b)—
(B) in paragraph (2) by striking “Increase use of seatbelts” and inserting “Increase proper use of seatbelts and child restraints”;
(4) by inserting after subsection (d) the following:
“(e) Frequency.—Each campaign administered under this section shall occur not less than once in each of fiscal years 2022 through 2025 with the exception of campaigns to reduce alcohol-impaired operation of motor vehicles which shall occur not less than twice in each of fiscal years 2022 through 2025.
“(f) Coordination of dynamic highway message signs.—During the time a State is carrying out a campaign, the Secretary shall coordinate with States carrying out the campaigns under this section on the use of dynamic highway message signs to support national high-visibility advertising and education efforts associated with the campaigns.”; and
(a) In general.—Section 405 of title 23, United States Code, is amended—
(1) in subsection (a)—
(H) in paragraph (9)(A) by striking “date of enactment of the FAST Act” and inserting “date of enactment of the INVEST in America Act”;
(3) in subsection (b)(4)—
(A) in subparagraph (A) by striking clause (v) and inserting the following:
“(v) implement programs in low-income and underserved populations to—
“(I) recruit and train occupant protection safety professionals, nationally certified child passenger safety technicians, police officers, fire and emergency medical personnel, and educators serving low-income and underserved populations;
(4) by striking subsection (c)(4) and inserting the following:
“(4) USE OF GRANT AMOUNTS.—Grant funds received by a State under this subsection shall be used for—
“(A) making data program improvements to core highway safety databases related to quantifiable, measurable progress in any of the 6 significant data program attributes set forth in paragraph (3)(D);
“(B) developing or acquiring programs to identify, collect, and report data to State and local government agencies, and enter data, including crash, citation and adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle, into the core highway safety databases of a State;
“(C) purchasing equipment to improve processes by which data is identified, collected, and reported to State and local government agencies;
“(D) linking core highway safety databases of a State with such databases of other States or with other data systems within the State, including systems that contain medical, roadway, and economic data;
“(E) improving the compatibility and interoperability of the core highway safety databases of the State with national data systems and data systems of other States;
“(F) enhancing the ability of a State and the Secretary to observe and analyze local, State, and national trends in crash occurrences, rates, outcomes, and circumstances;
“(G) supporting traffic records-related training and related expenditures for law enforcement, emergency medical, judicial, prosecutorial, and traffic records professionals;
“(H) hiring traffic records professionals, including a Fatality Analysis Reporting System liaison for a State; and
“(I) conducting research on State traffic safety information systems, including developing and evaluating programs to improve core highway safety databases of such State and processes by which data is identified, collected, reported to State and local government agencies, and entered into such core safety databases.”;
(5) by striking subsection (d)(6)(A) and inserting the following:
“(A) GRANTS TO STATES WITH ALCOHOL-IGNITION INTERLOCK LAWS.—The Secretary shall make a separate grant under this subsection to each State that—
“(i) adopts and is enforcing a mandatory alcohol-ignition interlock law for all individuals arrested or convicted of driving under the influence of alcohol or of driving while intoxicated;
“(ii) does not allow any individual arrested or convicted of driving under the influence of alcohol or driving while intoxicated to drive a motor vehicle unless such individual installs an ignition interlock for a minimum 6-month interlock period; or
“(iii) has—
“(I) enacted and is enforcing a state law requiring all individuals convicted of, or whose driving privilege is revoked or denied for, refusing to submit to a chemical or other test for the purpose of determining the presence or concentration of any intoxicating substance to install an ignition interlock for a minimum 6-month interlock period; and
“(II) a compliance-based removal program in which an individual arrested or convicted of driving under the influence of alcohol or driving while intoxicated shall install an ignition interlock for a minimum 6-month interlock period and have completed a minimum consecutive period of not less than 40 percent of the required interlock period immediately preceding the date of release, without a confirmed violation of driving under the influence of alcohol or driving while intoxicated.”;
(6) in subsection (e)—
(B) in paragraph (4)—
(C) in paragraph (5)(A)(i) by striking “texting or using a cell phone while” and inserting “distracted”;
(D) in paragraph (7) by striking “Of the amounts” and inserting “In addition to the amounts authorized under section 404 and of the amounts”;
(E) in paragraph (9)—
(i) by striking subparagraph (B) and inserting the following:
“(B) PERSONAL WIRELESS COMMUNICATIONS DEVICE.—The term ‘personal wireless communications device’ means—
“(i) until the date on which the Secretary issues a regulation pursuant to paragraph (8)(A), a device through which personal services (as such term is defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i)) are transmitted, but not including the use of such a device as a global navigation system receiver used for positioning, emergency notification, or navigation purposes; and
(ii) by striking subparagraph (E) and inserting the following:
“(E) TEXTING.—The term ‘texting’ means—
“(i) until the date on which the Secretary issues a regulation pursuant to paragraph (8)(A), reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication; and
(H) by inserting after paragraph (1) the following:
“(2) ALLOCATION.—
“(A) IN GENERAL.—Subject to subparagraphs (B) and (C), the allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.
“(3) PROHIBITION ON HANDHELD PERSONAL WIRELESS COMMUNICATION DEVICE USE WHILE DRIVING.—A State law meets the requirements set forth in this paragraph if the law—
(I) by inserting after paragraph (7) the following:
“(8) RULEMAKING.—Not later than 1 year after the date of enactment of this paragraph, the Secretary shall issue such regulations as are necessary to account for diverse State approaches to combating distracted driving that—
(7) in subsection (g)—
(B) by striking paragraph (2) and inserting the following:
“(2) MINIMUM REQUIREMENTS.—
“(A) TIER 1 STATE.—A State shall be eligible for a grant under this subsection as a Tier 1 State if such State requires novice drivers younger than 18 years of age to comply with a 2-stage graduated driver licensing process before receiving an unrestricted driver’s license that includes—
“(ii) an intermediate stage that—
“(III) for the first 180 days of the intermediate stage, restricts the driver from—
“(aa) driving at night between the hours of 11:00 p.m. and at least 4:00 a.m. except—
“(AA) when a parent, guardian, driving instructor, or licensed driver who is at least 21 years of age is in the motor vehicle; and
“(BB) when driving to and from work, school and school-related activities, religious activities, for emergencies, or as a member of voluntary emergency service; and
“(B) TIER 2 STATE.—A State shall be eligible for a grant under this subsection as a Tier 2 State if such State requires novice drivers younger than 18 years of age to comply with a 2-stage graduated driver licensing process before receiving an unrestricted driver’s license that includes—
“(ii) an intermediate stage that—
“(III) for the first 180 days of the intermediate stage, restricts the driver from—
“(aa) driving at night between the hours of 10:00 p.m. and at least 4:00 a.m. except—
“(AA) when a parent, guardian, driving instructor, or licensed driver who is at least 21 years of age is in the motor vehicle; and
“(BB) when driving to and from work, school and school-related activities, religious activities, for emergencies, or as a member of voluntary emergency service; and
(E) by striking paragraph (5) and inserting the following:
“(5) USE OF FUNDS.—
“(A) TIER 1 STATES.—A Tier 1 State shall use grant funds provided under this subsection for—
“(ii) training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in clause (i);
“(iii) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law;
(8) by adding at the end the following:
“(i) Driver and officer safety education.—
“(1) GENERAL AUTHORITY.—Subject to the requirements under this subsection, the Secretary shall award grants to—
“(2) FEDERAL SHARE.—The Federal share of the costs of activities carried out using amounts from a grant awarded under this subsection may not exceed 80 percent.
“(3) ELIGIBILITY.—To be eligible for a grant under this subsection, a State shall enact a law or adopt a program that requires the following:
“(A) DRIVER EDUCATION AND DRIVING SAFETY COURSES.—Inclusion, in driver education and driver safety courses provided to individuals by educational and motor vehicle agencies of the State, of instruction and testing concerning law enforcement practices during traffic stops, including information on—
“(B) PEACE OFFICER TRAINING PROGRAMS.—Development and implementation of a training program, including instruction and testing materials, for peace officers and reserve law enforcement officers (other than officers who have received training in a civilian course described in subparagraph (A)) with respect to proper interaction with civilians during traffic stops.
“(4) GRANT AMOUNT.—The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.
“(5) SPECIAL RULE FOR CERTAIN STATES.—
“(A) QUALIFYING STATE.—A State qualifies pursuant to this subparagraph if—
“(i) the Secretary determines such State has taken meaningful steps toward the full implementation of a law or program described in paragraph (3);
Section 164(b)(1) of title 23, United States Code, is amended—
Section 4010(2) of the FAST Act (23 U.S.C. 405 note) is amended by striking “deficiencies” and inserting “all deficiencies”.
(a) In general.—The Secretary of Transportation shall make grants to institutions of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) for research and training in the operation or establishment of an implicit bias training program as it relates to racial profiling at traffic stops.
(b) Qualifications.—To be eligible for a grant under this section, an institution of higher education shall—
(c) Report.—No later than 1 year after a grant has been awarded under this section, the institution of higher education awarded the grant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the research on implicit bias as it relates to racial profiling before and during traffic stops, and recommendations on effective interventions and trainings.
Section 4007 of the FAST Act (23 U.S.C. 153 note) is amended—
(a) REAL ID Act.—Section 202(a)(1) of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended by striking “a driver's license or identification card ” and inserting “a physical or electronic driver's license or identification card”.
(a) Short title.—This section may be cited as the “Motorcyclist Advisory Council Reauthorization Act”.
(b) Establishment.—Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish a Motorcyclist Advisory Council (in this section referred to as the “Council”).
(c) Duties.—
(1) ADVISING.—The Council shall advise the Secretary, the Administrator of the National Highway Traffic Safety Administration, and the Administrator of the Federal Highway Administration on transportation issues of concern to motorcyclists, including—
(d) Membership.—
(1) IN GENERAL.—The Council shall be comprised of 12 members appointed by the Secretary as follows:
(2) DURATION.—
(B) ADDITIONAL TERMS.—If a successor is not designated for a member before the expiration of the term the member is serving, the member may serve another term.
(C) APPOINTMENT OF REPLACEMENTS.—If a member resigns before serving a full 2-year term, the Secretary may appoint a replacement for such member to serve the remaining portion such term. A member may continue to serve after resignation until a successor has been appointed. A vacancy in the Council shall be filled in the manner in which the original appointment was made.
(f) Duties of the Secretary.—
(1) ACCEPT OR REJECT RECOMMENDATION.—
(A) SECRETARY DETERMINES.—The Secretary shall determine whether to accept or reject a recommendation contained in a Council report.
(2) REPORT.—
(A) IN GENERAL.—Not later than 60 days after the Secretary receives a Council report, the Secretary shall submit a report to the following committees and subcommittees:
(a) In general.—Section 31104 of title 49, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
“(a) Financial assistance programs.—The following sums are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account):
“(1) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Subject to paragraph (2) and subsection (c), to carry out section 31102 (except subsection (l))—
(2) by striking subsection (c) and inserting the following:
“(c) Partner training and program support.—
“(1) IN GENERAL.—On October 1 of each fiscal year, or as soon after that date as practicable, the Secretary may deduct from amounts made available under paragraphs (1), (2), and (4) of subsection (a) for that fiscal year not more than 1.50 percent of those amounts for partner training and program support in that fiscal year.
“(2) USE OF FUNDS.—The Secretary shall use at least 75 percent of the amounts deducted under paragraph (1) on training and related training materials for non-Federal Government employees.
(3) in subsection (f)—
(A) in paragraph (1) by striking “the next fiscal year” and inserting “the following 2 fiscal years”;
(b) Commercial driver’s license program implementation financial assistance program.—Section 31313(b) of title 49, United States Code, is amended—
(2) by striking “A recipient” and inserting the following: In participating in financial assistance program under this section
(3) by adding at the end the following:
“(2) a State may not receive more than $250,000 in grants under subsection (a)(2) in any fiscal year—
“(A) in which the State prohibits both private commercial driving schools and independent commercial driver’s license testing facilities from offering a commercial driver’s license skills test as a third-party tester; and
“(B) if, during the preceding fiscal year, the State had delays of more than 7 calendar days for the initial commercial driver’s license skills test or retest at 4 or more testing locations within the State, as reported by the Administrator of the Federal Motor Carrier Safety Administration in accordance with section 5506 of the FAST Act (49 U.S.C. 31305 note).”.
(a) In general.—Section 31110 of title 49, United States Code, is amended by striking subsection (a) and inserting the following:
(b) Administrative expenses.—
(1) USE OF FUNDS.—The Administrator of the Federal Motor Carrier Safety Administration shall use funds made available in subsection (a) for—
(2) DEFINITION OF OUTSTANDING MANDATE.—In this subsection, the term “outstanding mandate” means a requirement for the Federal Motor Carrier Safety Administration to issue regulations, undertake a comprehensive review or study, conduct a safety assessment, or collect data—
(B) under MAP–21 (Public Law 112–141), that has not been published in the Federal Register, if required, or otherwise completed as of the date of enactment of this Act;
(C) under the FAST Act (Public Law 114–94), that has not been published in the Federal Register, if required, or otherwise completed as of the date of enactment of this Act; and
Section 31102(l) of title 49, United States Code, is amended—
(2) by adding at the end the following:
“(4) IMMOBILIZATION GRANT PROGRAM.—
“(A) IN GENERAL.—The Secretary shall establish an immobilization grant program to make discretionary grants to States for the immobilization or impoundment of passenger-carrying commercial motor vehicles if such vehicles are found to be unsafe or fail inspection.
“(B) 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.
“(C) ELIGIBILITY.—A State is only eligible to receive a grant under this paragraph if such State has the authority to require the immobilization or impoundment of a passenger-carrying commercial motor vehicle if such vehicle is found to have a violation or defect included in the list developed under subparagraph (B).
“(D) USE OF FUNDS.— Grant funds provided under this paragraph may be used for—
Section 127 of title 23, United States Code, is amended by adding at the end the following:
“(v) Dry bulk weight tolerance.—
“(1) DEFINITION OF DRY BULK GOODS.—In this subsection, the term ‘dry bulk goods’ means any homogeneous unmarked nonliquid cargo being transported in a trailer specifically designed for that purpose.
“(2) WEIGHT TOLERANCE.—Notwithstanding any other provision of this section, except for the maximum gross vehicle weight limitation, a commercial motor vehicle transporting dry bulk goods may not exceed 110 percent of the maximum weight on any axle or axle group described in subsection (a), including any enforcement tolerance.”.
Section 4144 of SAFETEA–LU (49 U.S.C. 31100 note) is amended—
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall implement a revised methodology to be used in the Compliance, Safety, Accountability program of the Federal Motor Carrier Safety Administration to identify and prioritize motor carriers for intervention, using the recommendations of the study required by section 5221(a) of the FAST Act (49 U.S.C. 31100 note).
(b) Data availability.—The Secretary shall, in working toward implementation of the revised methodology described in subsection (a) prioritize revisions necessary to—
(2) make such safety data publicly available that was made publicly available on the day before the date of enactment of the FAST Act, and make publicly available any safety data that was required to be made available by section 5223 of the FAST Act (49 U.S.C. 31100 note).
(c) Implementation.—
(1) PROGRESS REPORTS.—Not later than 30 days after the date of enactment of this Act, and every 90 days thereafter until the date on which the Secretary implements the revised methodology described in subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on a website of the Department of Transportation, a progress report on—
(A) the status of the revision of the methodology and related data modifications under subsection (a), a timeline for completion of such revision, and an estimated date for implementation of such revised methodology;
(2) PUBLICATION AND NOTIFICATION.—Prior to commencing the use of the revised methodology described in subsection (a) to identify and prioritize motor carriers for intervention (other than in a testing capacity), the Secretary shall—
(d) Safety fitness rule.—
(1) RULEMAKING.—Not later than 1 year after the date on which the Secretary notifies Congress under subsection (c)(2), the Secretary shall issue final regulations pursuant to section 31144(b) of title 49, United States Code, to revise the methodology for issuance of motor carrier safety fitness determinations.
(e) Repeal.—Section 5223 of the FAST Act (49 U.S.C. 31100 note), and the item related to such section in the table of contents in section 1(b) of such Act, are repealed.
Section 31315 of title 49, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (4)(A) by inserting “, including data submission requirements,” after “terms and conditions”; and
(B) by striking paragraph (8) and inserting the following:
“(8) TERMS AND CONDITIONS.—
“(A) IN GENERAL.—The Secretary shall establish terms and conditions for each exemption to ensure that the exemption will not likely degrade the level of safety achieved by the person or class of persons granted the exemption, and allow the Secretary to evaluate whether an equivalent level of safety is maintained while the person or class of persons is operating under such exemption, including—
“(ii) requiring immediate notification to the Secretary in the event of a crash that results in a fatality or serious bodily injury;
Section 31144(i) of title 49, United States Code, is amended—
(2) by adding at the end the following:
“(5) MOTOR CARRIER OF PASSENGERS DEFINED.—In this subsection, the term ‘motor carrier of passengers’ includes an offeror of motorcoach services that sells scheduled transportation of passengers for compensation at fares and on schedules and routes determined by such offeror, regardless of ownership or control of the vehicles or drivers used to provide the transportation by motorcoach.”.
Section 13506(b) of title 49, United States Code, is amended—
(3) by adding at the end the following:
“(4) transportation by a motor vehicle designed or used to transport between 9 and 15 passengers (including the driver), whether operated alone or with a trailer attached for the transport of recreational equipment, that is operated by a person that provides recreational activities if—
(a) Definitions.—In this section:
(1) ADMINISTRATION.—The term “Administration” means the Federal Motor Carrier Safety Administration.
(b) Amendments to regulations.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to amend regulations related to the interstate transportation of household goods.
(c) Considerations.—In issuing the notice of proposed rulemaking under subsection (b), the Secretary shall consider the following recommended amendments to provisions of title 49, Code of Federal Regulations:
(1) Section 375.207(b) to require each covered carrier to include on the website of the covered carrier a link—
(2) Subsections (a) and (b)(1) of section 375.213 to require each covered carrier to provide to each individual shipper, with any written estimate provided to the shipper, a copy of the publication described in appendix A of part 375 of such title, entitled “Your Rights and Responsibilities When You Move” (ESA–03–006 (or a successor publication)), in the form of a written copy or a hyperlink on the website of the covered carrier to the location on the website of the Administration containing such publication.
(4) Section 375.401(a), to require each covered carrier—
(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—
(6) Section 375.501(a), to establish that a covered carrier is not required to provide to a shipper an order for service if the covered carrier elects to provide the information described in paragraphs (1) through (15) of such section in a bill of lading that is presented to the shipper before the covered carrier receives the shipment.
Section 31301(4)(B) of title 49, United States Code, is amended to read as follows:
Section 31306(c)(2) of title 49, United States Code, is amended by striking “, for urine testing,”.
Not later than January 1, 2021, and every 90 days thereafter until the compliance date for the final rule published on December 8, 2016, titled “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators” (81 Fed. Reg. 88732), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on—
(1) a schedule, including benchmarks, to complete implementation of the requirements under such final rule;
(a) Data collection.—Not later than 30 days after the date of enactment of this Act, the Secretary shall—
(1) begin to collect data on delays experienced by operators of commercial motor vehicles, as required under section 5501 of the FAST Act (49 U.S.C. 14103 note) and as referenced in the request for information published on June 10, 2019, titled “Request for Information Concerning Commercial Motor Vehicle Driver Detention Times During Loading and Unloading” (84 Fed. Reg. 26932); and
(b) Detention time limits.—
(1) RULEMAKING.—Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a rulemaking to establish limits on the amount of time that an operator of a commercial motor vehicle may be reasonably detained by a shipper or receiver before the loading or unloading of the vehicle, if the operator is not compensated for such time detained.
(2) CONTENTS.—As part of the rulemaking conducted pursuant to subsection (a), the Secretary shall—
(B) examine any correlation between time detained and violations of the hours-of-service rules under part 395 of title 49, Code of Federal Regulations;
(a) Establishment.—Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Labor, shall establish a Truck Leasing Task Force (hereinafter referred to as the “Task Force”).
(b) Membership.—The Secretary of Transportation shall select not more than 15 individuals to serve as members of the Task Force, including equal representation from each of the following:
(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;
(4) specific agreements available to drayage drivers at ports related to the Clean Truck Program or similar programs to decrease emissions from port operations;
(5) the impact of truck leasing agreements on the net compensation of commercial motor vehicle drivers, including port drayage drivers;
(e) Report.—Upon completion of the examination described in subsection (c), the Task Force shall submit to the Secretary of Transportation, Secretary of Labor, and appropriate congressional committees a report containing—
(a) Authority To issue regulations.—Notwithstanding the authority of the Secretary of Transportation to issue regulations under section 31502 of title 49, United States Code, the Secretary shall delay the effective date of the final rule published on June 1, 2020, titled “Hours of Service of Drivers” (85 Fed. Reg. 33396) until 60 days after the date on which the Secretary submits the report required under subsection (d).
(b) Comprehensive review.—
(1) COMPREHENSIVE REVIEW OF HOURS OF SERVICE RULES.—Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate a comprehensive review of hours of service rules and the impacts of waivers, exemptions, and other allowances that limit the applicability of such rules.
(2) LIST OF EXEMPTIONS.—In carrying out the comprehensive review required under paragraph (1), the Secretary shall—
(A) compile a list of waivers, exemptions, and other allowances—
(i) under which a driver may operate in excess of the otherwise applicable limits on on-duty or driving time in absence of such exemption, waiver, or other allowance;
(3) SAFETY IMPACT ANALYSIS.—
(A) IN GENERAL.—In carrying out the comprehensive review under paragraph (1), the Secretary, in consultation with State motor carrier enforcement entities, shall undertake a statistically valid analysis to determine the safety impact, including on enforcement, of the exemptions, waivers, or other allowances compiled under paragraph (2) by—
(i) using available data, or collecting from motor carriers or motor private carriers and drivers operating under an exemption, waiver, or other allowance if the Secretary does not have sufficient data, to determine the incidence of accidents, fatigue-related incidents, and other relevant safety information related to hours of service among motor carriers, private motor carriers, and drivers permitted to operate under each exemption, waiver, or other allowance;
(B) CONSULTATION.—The Secretary shall consult with State motor carrier enforcement entities in carrying out this paragraph.
(C) EXCLUSIONS.—The Secretary shall exclude data related to exemptions, waivers, or other allowances made pursuant to an emergency declaration under section 390.23 of title 49, Code of Federal Regulations, or extended under section 390.25 of title 49, Code of Federal Regulations, from the analysis required under this paragraph.
(4) DRIVER IMPACT ANALYSIS.—In carrying out the comprehensive review under paragraph (1), the Secretary shall further consider—
(A) data on driver detention collected by the Secretary pursuant to section 4304 of this Act and other conditions affecting the movement of goods by commercial motor vehicle, and how such conditions interact with the Secretary’s regulations on hours of service;
(c) Peer review.—Prior to the publication of the review required under subsection (d), the analyses performed by the Secretary shall undergo an independent peer review.
(d) Publication.—Not later than 18 months after the date that the Secretary initiates the comprehensive review under subsection (b)(1), the Secretary shall publish the findings of such review in the Federal Register and provide for a period for public comment.
(e) Report to Congress.—Not later than 30 days after the conclusion of the public comment period under subsection (d), the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available on a website of the Department of Transportation a report containing the information and analyses required under subsection (b).
(f) Replacement of guidance.—Notwithstanding subsection (a), the Secretary shall replace the Department of Transportation guidance published on June 7, 2018, titled “Hours of Service of Drivers of Commercial Motor Vehicles: Regulatory Guidance Concerning the Use of a Commercial Motor Vehicle for Personal Conveyance” (83 Fed. Reg. 26377) with specific mileage or time limits, or both, for the use of personal conveyance established through a rulemaking.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the inspector general of the Department of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report examining the operation of commercial motor vehicles in the United States by drivers admitted to the United States under temporary business visas.
(b) Contents.—The report under paragraph (1) shall include—
(1) an assessment of—
(A) the prevalence of the operation of commercial motor vehicles in the United States by drivers admitted to the United States under temporary business visas;
(B) the characteristics of motor carriers that recruit and use such drivers, including the country of domicile of the motor carrier or subsidiary;
(2) an analysis of whether such drivers are required to comply with—
(A) motor carrier safety regulations under subchapter B of chapter III of title 49, Code of Federal Regulations, including—
(i) the English proficiency requirement under section 391.11(2) of title 49, Code of Federal Regulations;
(3) an evaluation of the safety record of the operations and drivers described in paragraph (1), including—
(c) Definitions.—In this section:
(1) COMMERCIAL MOTOR VEHICLE.—In this section, the term “commercial motor vehicle” has the meaning given such term in section 31101 of title 49, United States Code.
(2) TEMPORARY BUSINESS VISA.—The term “temporary business visa” means any driver who is present in the United States with status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)).
(a) In general.—Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall—
(1) assess the risk posed by untreated obstructive sleep apnea in drivers of commercial motor vehicles and the feasibility, benefits, and costs associated with establishing screening criteria for obstructive sleep apnea in drivers of commercial motor vehicles;
(2) issue a notice in the Federal Register containing the independently peer-reviewed findings of the assessment required under paragraph (1) not later than 30 days after completion of the assessment and provide an opportunity for public comment; and
(3) if the Secretary contracts with an independent third party to conduct the assessment required under paragraph (1), ensure that the independent third party shall not have any financial or contractual ties or relationship with a motor carrier that transports passengers or property for compensation, the motor carrier industry, or driver advocacy organizations.
(b) Screening criteria.—
(b) Findings.—Congress finds that—
(2) women are significantly underrepresented in the trucking industry, holding only 24 percent of all transportation and warehousing jobs and representing only—
(c) Sense of Congress regarding women in trucking.—It is the sense of Congress that the trucking industry should explore every opportunity, including driver training and mentorship programs, to encourage and support the pursuit of careers in trucking by women.
(d) Establishment.—To encourage women to enter the field of trucking, the Administrator shall establish and facilitate an advisory board, to be known as the “Women of Trucking Advisory Board”, to promote organizations and programs that—
(e) Membership.—
(1) IN GENERAL.—The Board shall be composed of not fewer than 7 members whose backgrounds allow those members to contribute balanced points of view and diverse ideas regarding the strategies and objectives described in subsection (f)(2).
(f) Duties.—
(1) IN GENERAL.—The Board shall identify—
(A) industry trends that directly or indirectly discourage women from pursuing careers in trucking, including—
(2) REPORT.—Not later than 18 months after the date of enactment of this Act, the Board shall submit to the Administrator a report describing strategies that the Administrator may adopt—
(B) to coordinate the functions of trucking companies, nonprofit organizations, and trucking associations in a manner that facilitates support for women pursuing careers in trucking;
(g) Report to Congress.—
(h) Termination.—The Board shall terminate on submission of the report to Congress under subsection (g).
(i) Definitions.—In this section:
(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Federal Motor Carrier Safety Administration.
(2) BOARD.—The term “Board” means the Women of Trucking Advisory Board established under subsection (d).
(3) LARGE TRUCKING COMPANY.—The term “large trucking company” means a motor carrier (as defined in section 13102 of title 49, United States Code) with an annual revenue greater than $1,000,000,000.
(a) Schoolbus seatbelts.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to consider requiring large schoolbuses to be equipped with safety belts for all seating positions, if the Secretary determines that such standards meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code.
(2) CONSIDERATIONS.—In issuing a notice of proposed rulemaking under paragraph (1), the Secretary shall consider—
(C) existing experience, including analysis of student injuries and fatalities compared to States without seat belt laws, and seat belt usage rates, from States that require schoolbuses to be equipped with seatbelts, including Type 2 seatbelt assembly; and
(3) REPORT.—If the Secretary determines that a standard described in paragraph (1) does not meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes the reasons for not prescribing such a standard.
(b) Automatic emergency braking.—Not later than 2 years after the date of enactment of this Act, the Secretary shall—
(c) Electronic stability control.—Not later than 2 years after the date of enactment of this Act, the Secretary shall—
(1) prescribe a motor vehicle safety standard under section 30111 of title 49, United States Code, that requires all schoolbuses manufactured after the effective date of such standard to be equipped with an electronic stability control system (as such term is defined in section 571.136 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act)); and
(d) Fire prevention and mitigation.—
(1) RESEARCH AND TESTING.—The Secretary shall conduct research and testing to determine the most prevalent causes of schoolbus fires and the best methods to prevent such fires and to mitigate the effect of such fires, both inside and outside the schoolbus. Such research and testing shall consider—
(2) STANDARDS.—The Secretary may issue fire prevention and mitigation standards for schoolbuses, based on the results of the Secretary's research and testing under paragraph (1), if the Secretary determines that such standards meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code.
(e) Definitions.—In this section:
(1) AUTOMATIC EMERGENCY BRAKING.—The term “automatic emergency braking” means a crash avoidance system installed and operational in a vehicle that consists of—
(a) Review of illegal passing laws.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall—
(A) prepare a compilation of illegal passing laws in all States, including levels of enforcement and penalties and enforcement issues with such laws and the impact of such laws on illegal passing of schoolbuses in each State;
(B) review existing State laws that may inhibit effective schoolbus loading zone countermeasures, which may include laws requiring camera visibility of a driver’s face for enforcement action, laws that may reduce stop-arm camera effectiveness, the need for an officer to witness the event for enforcement, and the lack of primary enforcement for texting and driving;
(b) Public safety messaging campaign.—
(1) IN GENERAL.—Not later than 1 year after the date on which the Secretary makes the compilation and recommendations under subsection (a)(2) publicly available, the Secretary shall create and execute a public safety messaging campaign for distribution to States, divisions of motor vehicles, schools, and other public outlets to highlight the dangers of the illegal passing of schoolbuses, and should include educating students and the public on safe loading and unloading of schoolbuses.
(c) Review of technologies.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall review and evaluate the effectiveness of various technologies to enhance schoolbus safety, including cameras, audible warning systems, enhanced lighting, and other technological solutions.
(2) CONTENT.—The review under paragraph (1)—
(A) shall include an evaluation of the costs of new equipment and the potential impact on overall schoolbus ridership;
(C) shall include an evaluation of motion-activated detection systems that are capable of—
(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—
(e) Review of other safety issues.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall—
(a) In general.—Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall issue a final rule based on the advance notice of proposed rulemaking published on April 27, 2016, titled “State Inspection Programs for Passenger-Carrier Vehicles” (81 Fed. Reg. 24769).
(a) Federal motor vehicle safety standard.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall—
(2) CONSIDERATIONS.—Prior to prescribing the standard required under paragraph (1)(A), the Secretary shall—
(A) conduct a review of automatic emergency braking systems in use in commercial motor vehicles and address any identified deficiencies with such systems in the rulemaking proceeding to prescribe the standard, if practicable;
(b) Federal motor carrier safety regulation.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a regulation under section 31136 of title 49, United States Code, that requires that an automatic emergency braking system installed in a commercial motor vehicle that is in operation on or after the effective date of the standard prescribed under subsection (a) be used at any time during which such commercial motor vehicle is in operation.
(a) Rear underride guards.—
(1) REAR GUARDS ON TRAILERS AND SEMITRAILERS.—
(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to revise motor vehicle safety standards under sections 571.223 and 571.224 of title 49, Code of Federal Regulations, to require trailers and semi-trailers manufactured after the date on which such regulation is issued to be equipped with rear impact guards that are designed to prevent passenger compartment intrusion from a trailer or semitrailer when a passenger vehicle traveling at 35 miles per hour makes—
(i) an impact in which the passenger vehicle impacts the center of the rear of the trailer or semitrailer;
(2) ADDITIONAL RESEARCH.—The Secretary shall conduct additional research on the design and development of rear impact guards that can prevent underride crashes and protect motor vehicle passengers against severe injury at crash speeds of up to 65 miles per hour.
(3) REVIEW OF STANDARDS.—Not later than 5 years after any revisions to standards or requirements related to rear impact guards pursuant to paragraph (1), the Secretary shall review the standards or requirements to evaluate the need for changes in response to advancements in technology and upgrade such standards accordingly.
(4) INSPECTIONS.—
(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to amend the regulations on minimum periodic inspection standards under appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, and driver vehicle inspection reports under section 396.11 of title 49, Code of Federal Regulations, to include rear impact guards and rear end protection (as required by section 393.86 of title 49, Code of Federal Regulations).
(b) Side underride guards.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall—
(A) complete additional research on side underride guards to better understand the overall effectiveness of such guards;
(2) INDEPENDENT RESEARCH.—If the Secretary enters into a contract with a third party to perform the research required under paragraph (1)(A), the Secretary shall ensure that such third party does not have any financial or contractual ties or relationship with a motor carrier that transports passengers or property for compensation, the motor carrier industry, or an entity producing or supplying underride guards.
(3) PUBLICATION OF ASSESSMENT.—Not later than 90 days after completing the assessment required under paragraph (1)(B), the Secretary shall issue a notice in the Federal Register containing the findings of the assessment and provide an opportunity for public comment.
(4) REPORT TO CONGRESS.—After the conclusion of the public comment period under paragraph (3), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides—
(c) Advisory committee on underride protection.—
(1) ESTABLISHMENT.—Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall establish an Advisory Committee on Underride Protection (in this subsection referred to as the “Committee”) to provide advice and recommendations to the Secretary on safety regulations to reduce crashes and fatalities involving truck underrides.
(2) REPRESENTATION.—
(A) IN GENERAL.—The Committee shall be composed of not more than 20 members appointed by the Secretary who are not employees of the Department of Transportation and who are qualified to serve because of their expertise, training, or experience.
(5) SUPPORT.—On request of the Committee, the Secretary shall provide information, administrative services, and supplies necessary for the Committee to carry out the duties described in paragraph (1).
(d) Data collection.—Not later than 1 year after the date of enactment of this Act, the Secretary shall implement recommendations 1 and 2 described in the report by the Government Accountability Office published on March 14, 2019, titled “Truck Underride Guards: Improved Data Collection, Inspections, and Research Needed” (GAO–19–264).
Section 80502 of title 49, United States Code, is amended—
(1) in subsection (c) by striking “This section does not” and inserting “Subsections (a) and (b) shall not”;
(3) by inserting after subsection (c) the following:
“(d) Transportation of horses.—
“(1) PROHIBITION.—No person may transport, or cause to be transported, a horse from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States in a motor vehicle containing 2 or more levels stacked on top of each other.
(4) in subsection (e), as redesignated—
(C) by striking “On learning” and inserting the following:
“(2) TRANSPORTATION OF HORSES IN MULTILEVEL TRAILER.—
“(A) CIVIL PENALTY.—A person that knowingly violates subsection (d) is liable to the United States Government for a civil penalty of at least $100, but not more than $500, for each violation. A separate violation of subsection (d) occurs for each horse that is transported, or caused to be transported, in violation of subsection (d).
(a) Additional authority.—Notwithstanding the limitation in section 127(d) of title 23, United States Code, if a State had in effect on or before June 1, 1991 a statute or regulation which placed a limitation on the overall length of a longer combination vehicle consisting of 3 trailers, such State may allow the operation of a longer combination vehicle to accommodate a longer truck tractor in such longer combination vehicle under such limitation, if the additional tractor length is the only added length to such longer combination vehicle.
Section 31139(b) of title 49, United States Code, is amended—
(a) In general.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(1) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—To carry out section 503(b) of title 23, United States Code, $144,000,000 for each of fiscal years 2022 through 2025.
(2) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.—To carry out section 503(c) of title 23, United States Code, $152,000,000 for each of fiscal years 2022 through 2025.
(3) TRAINING AND EDUCATION.—To carry out section 504 of title 23, United States Code, $26,000,000 for each of fiscal years 2022 through 2025.
(4) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To carry out sections 512 through 518 of title 23, United States Code, $100,000,000 for each of fiscal years 2022 through 2025.
(5) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—To carry out section 5505 of title 49, United States Code, $96,000,000 for each of fiscal years 2022 through 2025.
(6) BUREAU OF TRANSPORTATION STATISTICS.—To carry out chapter 63 of title 49, United States Code, $27,000,000 for each of fiscal years 2022 through 2025.
(b) Additional programs.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(1) SAFE, EFFICIENT MOBILITY THROUGH ADVANCED TECHNOLOGIES.—To carry out section 503(c)(4) of title 23, United States Code, $70,000,000 for each of fiscal years 2022 through 2025 from funds made available to carry out section 503(c) of such title.
(2) MATERIALS TO REDUCE GREENHOUSE GAS EMISSIONS PROGRAM.—To carry out section 503(d) of title 23, United States Code, $10,000,000 for each of fiscal years 2022 through 2025 from funds made available to carry out section 503(c) of such title.
(3) NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION CLEARINGHOUSE.—To carry out section 5507 of title 49, United States Code, $2,000,000 for each of fiscal years 2022 through 2025 from funds made available to carry out sections 512 through 518 of title 23, United States Code.
(4) NATIONAL COOPERATIVE MULTIMODAL FREIGHT TRANSPORTATION RESEARCH PROGRAM.—To carry out section 70205 of title 49, United States Code, $4,000,000 for each of fiscal years 2022 through 2025 from funds made available to carry out section 503(b) of title 23, United States Code.
(5) STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOTS.—To carry out section 6020 of the FAST Act (23 U.S.C. 503 note), $35,000,000 for each of fiscal years 2022 through 2025 from funds made available to carry out section 503(b) of title 23, United States Code.
(c) Administration.—The Federal Highway Administration shall—
(d) Treatment of funds.—Funds authorized to be appropriated by subsections (a) and (b) shall—
(1) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this title (including the amendments by this title) or otherwise determined by the Secretary; and
(a) In general.—Section 503 of title 23, United States Code, is amended—
(2) in subsection (b)—
(D) by adding at the end the following:
“(9) ANALYSIS TOOLS.—The Secretary may develop interactive modeling tools and databases that—
“(10) PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.—
“(A) PERFORMANCE MANAGEMENT DATA SUPPORT.—The Administrator of the Federal Highway Administration shall develop, use, and maintain data sets and data analysis tools to assist metropolitan planning organizations, States, and the Federal Highway Administration in carrying out performance management analyses (including the performance management requirements under section 150).
“(B) INCLUSIONS.—The data analysis activities authorized under subparagraph (A) may include—
“(ii) collecting household travel behavior data to assess local and cross-jurisdictional travel, including to accommodate external and through travel;
“(iii) enhancing existing data collection and analysis tools to accommodate performance measures, targets, and related data, so as to better understand trip origin and destination, trip time, and mode;
“(iv) enhancing existing data analysis tools to improve performance predictions and travel models in reports described in section 150(e);
(b) Repeal.—Section 6028 of the FAST Act (23 U.S.C. 150 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.
Section 503 of title 23, United States Code, as amended by section 5101, is further amended by adding at the end the following:
“(d) Materials to reduce greenhouse gas emissions program.—
“(1) IN GENERAL.—Not later than 6 months after the date of enactment of this subsection, the Secretary shall establish and implement a program under which the Secretary shall award grants to eligible entities to research and support the development of materials that will reduce or sequester the amount of greenhouse gas emissions generated during the production of highway materials and the construction of highways.
“(2) ACTIVITIES.—The Secretary shall ensure that the program, at a minimum—
“(A) carries out research to determine the materials proven to most effectively reduce or sequester greenhouse gas emissions;
“(3) COMPETITIVE SELECTION PROCESS.—
“(A) APPLICATIONS.—To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application in such form and containing such information as the Secretary may require.
“(B) CONSIDERATION.—In making grants under this subsection, the Secretary shall consider the degree to which applicants presently carry out research on materials that reduce or sequester greenhouse gas emissions.
“(C) SELECTION CRITERIA.—The Secretary may make grants under this subsection to any eligible entity based on the demonstrated ability of the applicant to fulfill the activities described in paragraph (2).
“(D) TRANSPARENCY.—
“(i) IN GENERAL.—The Secretary shall provide to each eligible entity submitting an application under this subsection, upon request, any materials, including copies of reviews (with any information that would identify a reviewer redacted), used in the evaluation process of the application of such entity.
“(4) GRANTS.—
“(A) RESTRICTIONS.—
“(5) PROGRAM COORDINATION.—
“(A) IN GENERAL.—The Secretary shall—
“(i) coordinate the research, education, and technology transfer activities carried out by grant recipients under this subsection;
“(B) ANNUAL REVIEW AND EVALUATION.—Not later than 2 years after the date of enactment of this subsection, and not less frequently than annually thereafter, the Secretary shall, consistent with the activities in paragraph (3)—
“(i) review and evaluate the programs carried out under this subsection by grant recipients, describing the effectiveness of the program in identifying materials that reduce or sequester greenhouse gas emissions;
“(6) LIMITATION ON AVAILABILITY OF AMOUNTS.—Amounts made available to carry out this subsection shall remain available for obligation by the Secretary for a period of 3 years after the last day of the fiscal year for which the amounts are authorized.
“(7) INFORMATION COLLECTION.—Any survey, questionnaire, or interview that the Secretary determines to be necessary to carry out reporting requirements relating to any program assessment or evaluation activity under this subsection, including customer satisfaction assessments, shall not be subject to chapter 35 of title 44.
“(8) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, the term ‘eligible entity’ means a nonprofit institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”.
Section 6503 of title 49, United States Code, is amended—
(1) in subsection (a) by striking “The Secretary” and inserting “For the period of fiscal years 2017 through 2021, and for each 5-year period thereafter, the Secretary”;
Section 5505 of title 49, United States Code, is amended—
(1) in subsection (b)(4)—
(2) in subsection (c)—
(A) in paragraph (1)—
(B) in paragraph (2)—
(C) in paragraph (3)—
(D) in paragraph (4)—
(i) in subparagraph (A) by striking “greater than $2,000,000 and not less than $1,000,000” and inserting “greater than $2,250,000 and not less than $1,250,000”; and
(ii) by striking subparagraph (C) and inserting the following:
“(C) REQUIREMENTS.—In awarding grants under this paragraph, the Secretary shall—
“(i) consider consortia that include institutions that have demonstrated an ability in transportation-related research; and
“(ii) award not less than 2 grants under this section to minority institutions, as such term is defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k).
“(D) FOCUSED RESEARCH.—
“(i) IN GENERAL.—In awarding grants under this section, the Secretary shall select not less than 1 grant recipient with each of the following focus areas:
“(IV) Transportation planning, including developing metropolitan planning practices to meet the considerations described in section 134(c)(4) of title 23 and section 5303(c)(4).
“(E) CONSIDERATIONS FOR SELECTED INSTITUTIONS.—
“(i) IN GENERAL.—Tier 1 transportation centers awarded a grant under this paragraph with a focus area described in subparagraph (D)(i)(IV) shall consider the following areas for research:
(3) in subsection (d)(3) by striking “fiscal years 2016 through 2020” and inserting “fiscal years 2022 through 2025”;
(5) by inserting after subsection (e) the following:
(a) In general.—Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 5506. Unsolicited research initiative
“(a) In general.—Not later than 180 days after the date of enactment of this section, the Secretary shall establish a program under which an eligible entity may at any time submit unsolicited research proposals for funding under this section.
“(b) Criteria.—A research proposal submitted under subsection (a) shall meet the purposes of the Secretary’s 5-year transportation research and development strategic plan described in section 6503(c)(1).
“(c) Project review.—Not later than 90 days after an eligible entity submits a proposal under subsection (a), the Secretary shall—
“(d) Report.—Not later than 18 months after the date of enactment of this section, and annually thereafter, the Secretary shall make available to the public on a public website a report on the progress and findings of the program established under subsection (a).
“(e) Federal share.—
“(f) Funding.—
“(1) IN GENERAL.—Of the funds made available to carry out the university transportation centers program under section 5505, $2,000,000 shall be available for each of fiscal years 2022 through 2025 to carry out this section.
“(2) FUNDING FLEXIBILITY.—
“(A) IN GENERAL.—For fiscal years 2022 through 2025, funds made available under paragraph (1) shall remain available until expended.
“(B) UNCOMMITTED FUNDS.—If the Secretary determines, at the end of a fiscal year, funds under paragraph (1) remain unexpended as a result of a lack of meritorious projects under this section, the Secretary may, for the following fiscal year, make remaining funds available under either this section or under section 5505.
(b) Clerical amendment.—The analysis for chapter 55 of title 49, United States Code, is amended by inserting after the item relating to section 5505 the following new item:
“5506. Unsolicited research initiative. ”.
(a) In general.—Chapter 702 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 70205. National cooperative multimodal freight transportation research program
“(a) Establishment.—Not later than 1 year after the date of enactment of this section, the Secretary shall establish and support a national cooperative multimodal freight transportation research program.
“(b) Agreement.—Not later than 6 months after the date of enactment of this section, the Secretary shall seek to enter into an agreement with the National Academy of Sciences to support and carry out administrative and management activities relating to the governance of the national cooperative multimodal freight transportation research program.
“(c) Advisory committee.—In carrying out the agreement described in subsection (b), the National Academy of Sciences shall select a multimodal freight transportation research advisory committee consisting of multimodal freight stakeholders, including, at a minimum—
“(d) Elements.—The national cooperative multimodal freight transportation research program established under this section shall include the following elements:
“(1) NATIONAL RESEARCH AGENDA.—The advisory committee under subsection (c), in consultation with interested parties, shall recommend a national research agenda for the program established in this section.
“(3) OPEN COMPETITION AND PEER REVIEW OF RESEARCH PROPOSALS.—The National Academy of Sciences may award research contracts and grants under the program through open competition and merit review conducted on a regular basis.
“(4) EVALUATION OF RESEARCH.—
“(5) DISSEMINATION OF RESEARCH FINDINGS.—
“(A) IN GENERAL.—The National Academy of Sciences shall disseminate research findings to researchers, practitioners, and decisionmakers, through conferences and seminars, field demonstrations, workshops, training programs, presentations, testimony to government officials, a public website for the National Academy of Sciences, publications for the general public, and other appropriate means.
“(e) Contents.—The national research agenda under subsection (d)(1) shall include—
“(1) techniques and tools for estimating and identifying both quantitative and qualitative public benefits derived from multimodal freight transportation projects, including—
“(2) the impact of freight delivery vehicles, including trucks, railcars, and non-motorized vehicles, on congestion in urban and rural areas;
“(5) the effects of Internet commerce and accelerated delivery speeds on freight movement and increased commercial motor vehicle volume, including impacts on—
“(f) Funding.—
“(g) Definition of greenhouse gas.—In this section, the term ‘greenhouse gas’ has the meaning given such term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)).”.
(b) Clerical amendment.—The analysis for chapter 702 of title 49, United States Code, is amended by adding at the end the following new item:
“70205. National cooperative multimodal freight transportation research program.”.
(a) Study.—
(1) IN GENERAL.—The Secretary of Transportation shall conduct a study examining methods to reduce collisions between motorists and wildlife (referred to in this section as “wildlife-vehicle collisions”).
(2) CONTENTS.—
(A) AREAS OF STUDY.—The study required under paragraph (1) shall—
(B) METHODS.—In carrying out the study required under paragraph (1), the Secretary shall—
(3) REPORT.—
(A) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study required under paragraph (1).
(B) CONTENTS.—The report required under subparagraph (A) shall include—
(i) a description of—
(III) the impacts of roads and traffic on—
(aa) species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(ii) an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners;
(b) Standardization of wildlife collision and carcass data.—
(1) STANDARDIZATION METHODOLOGY.—
(A) IN GENERAL.—The Secretary of Transportation, acting through the Administrator of the Federal Highway Administration, shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the National Highway System, taking into consideration the practicability of the methodology with respect to technology and cost.
(B) METHODOLOGY.—In developing the standardized methodology under subparagraph (A), the Secretary shall—
(2) STANDARDIZED NATIONAL DATA SYSTEM WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—The Secretary shall—
(3) REPORTS.—
(A) METHODOLOGY.—The Secretary shall submit to Congress a report describing the development of the standardized methodology required under paragraph (1) not later than—
(B) IMPLEMENTATION.—Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing—
(i) the status of the voluntary implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A);
(c) National threshold guidance.—The Secretary of Transportation shall—
(1) establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration—
(B) highway-related mortality and effects of traffic on the highway on—
(i) species listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(d) Workforce development and technical training.—
Section 330(g) of title 49, United States Code, is amended by striking “each of fiscal years 2016 through 2020” and inserting “each of fiscal years 2022 through 2025”.
(a) Establishment.—
(1) IN GENERAL.—The Secretary of Transportation shall carry out a program to enhance the development of innovative materials in the United States by making awards to consortia for establishing and operating Hubs (to be known as “Innovative Material Innovation Hubs”) to conduct and support multidisciplinary, collaborative research, development, demonstration, standardized design development, and commercial application of innovative materials.
(b) Competitive selection process.—
(1) ELIGIBILITY.—To be eligible to receive an award for the establishment and operation of a Hub under subsection (a)(1), a consortium shall—
(B) operate subject to a binding agreement, entered into by each member of the consortium, that documents—
(i) the proposed partnership agreement, including the governance and management structure of the Hub;
(2) APPLICATION.—
(3) SELECTION.—
(A) IN GENERAL.—The Secretary shall select consortia for awards for the establishment and operation of Hubs through a competitive selection process.
(B) CONSIDERATIONS.—In selecting consortia under subparagraph (A), the Secretary shall consider—
(iii) the demonstrated ability of the recipient to conduct and support multidisciplinary, collaborative research, development, demonstration, standardized design development, and commercial application of innovative materials;
(iv) the demonstrated research, technology transfer, and education resources available to the recipient to carry out this section;
(v) the ability of the recipient to provide leadership in solving immediate and long-range national and regional transportation problems related to innovative materials;
(vi) the demonstrated ability of the recipient to disseminate results and spur the implementation of transportation research and education programs through national or statewide continuing education programs;
(vii) the demonstrated commitment of the recipient to the use of peer review principles and other research best practices in the selection, management, and dissemination of research projects;
(4) TRANSPARENCY.—
(A) IN GENERAL.—The Secretary shall provide to each applicant, upon request, any materials, including copies of reviews (with any information that would identify a reviewer redacted), used in the evaluation process of the proposal of the applicant.
(B) REPORTS.—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the overall review process under paragraph (2), given the considerations under paragraph (3), that includes—
(c) Authorization.—There is authorized to be appropriated to carry out this section such sums as may be necessary and such sums shall remain available for a period of 3 years after the last day of the fiscal year in which such sums were made available.
(d) Hub operations.—
(1) IN GENERAL.—Each Hub shall conduct, or provide for, multidisciplinary, collaborative research, development, demonstration, and commercial application of innovative materials.
(2) ACTIVITIES.—Each Hub shall—
(A) encourage collaboration and communication among the member qualifying entities of the consortium, as described in subsection (b)(1), and awardees;
(3) CONFLICTS OF INTEREST.—Each Hub shall maintain conflict of interest procedures, consistent with the conflict of interest procedures of the Department of Transportation.
(e) Applicability.—The Secretary shall administer this section in accordance with section 330 of title 49, United States Code.
(f) Definitions.—In this section:
(2) QUALIFYING ENTITY.—The term “qualifying entity” means—
(A) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));
(3) INNOVATIVE MATERIAL.—The term “innovative material”, with respect to an infrastructure project, includes materials or combinations and processes for use of materials that enhance the overall service life, sustainability, and resiliency of the project or provide ancillary benefits relative to widely adopted state of practice technologies, as determined by the Secretary.
Section 503(c) of title 23, United States Code, is amended—
Section 503(c)(3) of title 23, United States Code, is amended—
(1) in subparagraph (B)—
(C) by adding at the end the following:
“(vii) the deployment of innovative pavement designs, materials, and practices that reduce or sequester the amount of greenhouse gas emissions generated during the production of highway materials and the construction of highways, with consideration for findings from the materials to reduce greenhouse gas emissions program under subsection (d).”;
(2) in subparagraph (C) by striking “fiscal years 2016 through 2020” and inserting “fiscal years 2022 through 2025”; and
(a) In general.—Chapter 5 of title 23, United States Code, is amended by adding at the end the following:
Ҥ 520. Every Day Counts initiative
“(a) In general.—It is in the national interest for the Department of Transportation, State departments of transportation, and all other recipients of Federal surface transportation funds—
“(3) to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner;
“(b) Every Day Counts initiative.—To advance the policy described in subsection (a), the Administrator of the Federal Highway Administration shall continue the Every Day Counts initiative to work with States, local transportation agencies, all other recipients of Federal surface transportation funds, and industry stakeholders, including labor representatives, to identify and deploy proven innovative practices and products that—
“(c) Considerations.—In carrying out the Every Day Counts initiative, the Administrator shall consider any innovative practices and products in accordance with subsections (a) and (b), including—
“(d) Innovation deployment.—
(b) Clerical amendment.—The analysis for chapter 5 of title 23, United States Code, is amended by adding at the end the following new item:
“520. Every Day Counts initiative. ”.
(c) Repeal.—Section 1444 of the FAST Act (23 U.S.C. 101 note), and the item related to such section in the table of contents in section 1(b) of such Act, are repealed.
Section 503(c)(4) of title 23, United States Code, is amended—
(1) in subparagraph (A)—
(A) by striking “Not later than 6 months after the date of enactment of this paragraph, the” and inserting “The”;
(2) in subparagraph (B)—
(3) in subparagraph (C)—
(A) in clause (ii)(II)(aa) by striking “congestion” and inserting “congestion and delays, greenhouse gas emissions”; and
(B) by adding at the end the following:
“(iii) CONSIDERATIONS.—An application submitted under this paragraph may include a description of how the proposed project would support the national goals described in section 150(b), the achievement of metropolitan and statewide targets established under section 150(d), or the improvement of transportation system access consistent with section 150(f), including through—
(4) in subparagraph (D) by adding at the end the following:
“(iv) PRIORITIZATION.—In awarding a grant under this paragraph, the Secretary shall prioritize projects that, in accordance with the criteria described in subparagraph (B)—
“(I) improve person throughput and mobility, including through the optimization of existing transportation capacity;
(6) by striking subparagraph (G) and inserting the following:
“(G) REPORTING.—
“(i) APPLICABILITY OF LAW.—The program under this paragraph shall be subject to the accountability and oversight requirements in section 106(m).
“(ii) REPORT.—Not later than 1 year after the date that the first grant is awarded under this paragraph, and each year thereafter, the Secretary shall make available to the public on a website a report that describes the effectiveness of grant recipients in meeting their projected deployment plans, including data provided under subparagraph (F) on how the program has—
(7) in subparagraph (I) by striking “(i) In general” and all that follows through “the Secretary may set aside” and inserting “Of the amounts made available to carry out this paragraph, the Secretary may set aside”;
(8) in subparagraph (J) by striking the period at the end and inserting “, except that the Federal share of the cost of a project for which a grant is awarded under this paragraph shall not exceed 80 percent.”;
(9) in subparagraph (K) by striking “amount described under subparagraph (I)” and inserting “funds made available to carry out this paragraph”;
(10) by striking subparagraph (M) and inserting the following:
“(M) GRANT FLEXIBILITY.—If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applications that meet the requirements described in subparagraph (C) to carry out this paragraph for a fiscal year, the Secretary shall transfer to the technology and innovation deployment program—
(a) Use of funds for ITS activities.—Section 513(c)(1) of title 23, United States Code, is amended by inserting “greenhouse gas emissions reduction,” before “and congestion management”.
(b) Goals and purposes.—Section 514(a) of title 23, United States Code, is amended—
(1) in paragraph (6) by striking “national freight policy goals” and inserting “national multimodal freight policy goals and activities described in subtitle IX of title 49”;
(c) General authorities and requirements.—Section 515(h) of title 23, United States Code, is amended—
(1) in paragraph (2)—
(B) in subparagraph (A) by striking “State highway department” and inserting “State department of transportation”;
(C) in subparagraph (B) by striking “local highway department” and inserting “local department of transportation”;
(a) In general.—Subchapter I of chapter 55 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 5507. National highly automated vehicle and mobility innovation clearinghouse
“(a) In general.—The Secretary shall make a grant to an institution of higher education engaged in research on the secondary impacts of highly automated vehicles and mobility innovation to—
“(b) Definitions.—In this section:
“(1) HIGHLY AUTOMATED VEHICLE.—The term ‘highly automated vehicle’ means a motor vehicle that—
“(A) is capable of performing the entire task of driving (including steering, accelerating and decelerating, and reacting to external stimulus) without human intervention; and
“(B) is designed to be operated exclusively by a Level 3, Level 4, or Level 5 automated driving system for all trips according to the recommended practice standards published on June 15, 2018, by the Society of Automotive Engineers International (J3016_201806) or equivalent standards adopted by the Secretary with respect to automated motor vehicles.
“(2) MOBILITY INNOVATION.—The term ‘mobility innovation’ means an activity described in section 5316, including mobility on demand and mobility as a service (as such terms are defined in such section).
“(3) INSTITUTION OF HIGHER EDUCATION .—The term ‘institution of higher education’ has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(b) Clerical amendment.—The analysis for chapter 55 of title 49, United States Code, is amended by inserting after the item relating to section 5506, as added by this Act, the following:
“5507. National highly automated vehicle and mobility innovation clearinghouse.”.
(c) Deadline for clearinghouse.—The Secretary of Transportation shall ensure that the institution of higher education that receives the grant described in section 5507(a)(1) of title 49, United States Code, as added by subsection (a), shall establish the national highly automated vehicle clearinghouse described in such section not later than 180 days after the date of enactment of this Act.
(a) Purpose.—The purpose of this section shall be to ensure that the increasing deployment of automated vehicles does not jeopardize the safety of road users.
(b) Study.—
(1) ESTABLISHMENT.—Not later than 9 months after the date of enactment of this Act, the Secretary of Transportation shall initiate a study on the ability of automated vehicles to safely interact with other road users.
(2) CONTENTS.—In carrying out the study under paragraph (1), the Secretary shall—
(A) examine the ability of automated vehicles to safely interact with general road users, including vulnerable road users;
(B) identify barriers to improving the safety of interactions between automated vehicles and general road users; and
(C) issue recommendations to improve the safety of interactions between automated vehicles and general road users, including, at a minimum—
(3) CONSIDERATIONS.—In carrying out the study under paragraph (1), the Secretary shall take into consideration whether automated vehicles can safely operate within the surface transportation system, including—
(A) the degree to which ordinary human behaviors make it difficult for an automated vehicle to safely, reliably predict human actions;
(C) the degree to which an automated vehicle is capable of uniformly recognizing and responding to individuals with disabilities and individuals of different sizes, ages, races, and other varying characteristics;
(D) for bicyclist, motorcyclist, and pedestrian road users—
(i) the varying and non-standardized nature of bicyclist and pedestrian infrastructure in different locations;
(E) for motorcyclist road users, the close proximity to other motor vehicles within which motorcyclists operate, including lane splitting; and
(c) Working group.—
(1) ESTABLISHMENT.—Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish a working group to assist in the development of the study and recommendations under subsection (b).
(2) MEMBERSHIP.—The working group established under paragraph (1) shall include representation from—
(C) local governments (other than metropolitan planning organizations, as such term is defined in section 134(b) of title 23, United States Code);
(d) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available, the study initiated under subsection (b), including recommendations for ensuring that automated vehicles safely interact with general road users.
(e) Definitions.—In this section:
(1) AUTOMATED VEHICLE.—The term “automated vehicle” means a motor vehicle equipped with Level 3, Level 4, or Level 5 automated driving systems for all trips according to the recommended practice standards published on June 15, 2018 by the Society of Automotive Engineers International (J3016_201806) or equivalent standards adopted by the Secretary with respect to automated motor vehicles.
(a) In general.—Chapter 1 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 118. Nontraditional and Emerging Transportation Technology Council
“(a) Establishment.—The Secretary of Transportation shall establish a Nontraditional and Emerging Transportation Technology Council (hereinafter referred to as the ‘Council’) in accordance with this section.
“(b) Membership.—
“(1) IN GENERAL.—The Council shall be composed of the following officers of the Department of Transportation:
“(c) Duties.—The Council shall—
“(1) identify and resolve any jurisdictional or regulatory gaps or inconsistencies associated with nontraditional and emerging transportation technologies, modes, or projects pending or brought before the Department to eliminate, so far as practicable, impediments to the prompt and safe deployment of new and innovative transportation technology, including with respect to safety regulation and oversight, environmental review, and funding issues;
“(2) coordinate the Department’s internal oversight of nontraditional and emerging transportation technologies, modes, or projects and engagement with external stakeholders;
“(3) within applicable statutory authority other than this paragraph, develop and establish department-wide processes, solutions, and best practices for identifying, managing and resolving issues regarding emerging transportation technologies, modes, or projects pending or brought before the Department; and
(b) Clerical amendment.—The analysis for chapter 1 of title 49, United States Code, is amended by adding at the end the following:
“118. Nontraditional and Emerging Transportation Technology Council. ”.
(a) In general.—Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation, acting through the Nontraditional and Emerging Transportation Technology Council of the Department of Transportation, shall issue guidance to provide a clear regulatory framework for the safe deployment of hyperloop transportation.
(b) Elements.—In developing the guidance under subsection (a), the Council shall—
(1) consider safety, oversight, environmental, project delivery, and other regulatory requirements prescribed by various modal administrations in the Department;
(2) clearly delineate between relevant authorities with respect to hyperloop transportation in the Department and provide project sponsors with a single point of access to the Department to inquire about projects, plans, and proposals;
(a) Establishment.—The Secretary of Transportation shall establish a program to make grants to eligible entities to develop a curriculum for and establish transportation workforce training programs in urban and rural areas to train, upskill, and prepare surface transportation workers, whose jobs may be changed or worsened by automation, who have been separated from their jobs, or who have received notice of impending job loss, as a result of being replaced by automated driving systems.
(b) Eligible entities.—The following entities shall be eligible to receive grants under this section:
(c) Limitation on awards.—An entity may only receive one grant per fiscal year under this section for an amount determined appropriate by the Secretary.
(d) Use of funds.—
(1) IN GENERAL.—A recipient of a grant under this section may only use grant amounts for developing and carrying out direct surface transportation workforce retraining programs, including—
(A) testing of new roles for existing jobs, including mechanical work, diagnostic work, and fleet operations management;
(e) Selection criteria.—The Secretary shall select recipients of grants under this section based on the following criteria:
(2) Capability of the applicant to develop curricula in the training or retraining of individuals described in subsection (a) as a result of automated vehicles.
(f) Eligibility.—An applicant is only eligible for a grant under this section if such applicant—
(2) has expertise in solving surface transportation problems through research, training, education, and technology;
(3) actively shares information and results with other surface transportation workforce development programs with similar objectives;
(g) Federal share.—
(1) IN GENERAL.—The Federal share of a grant under this section shall be a dollar for dollar match of the costs of establishing and administering the retraining program and related activities carried out by the grant recipient or consortium of grant recipients.
(2) AVAILABILITY OF FUNDS.—For a recipient of a grant under this section carrying out activities under such grant in partnership with a public transportation agency that is receiving funds under sections 5307, 5337, or 5339 of title 49, United States Code, not more than 0.5 percent of amounts made available under any such section may qualify as the non-Federal share under paragraph (1).
(h) Reporting.—Not later than 60 days after grants are awarded in any fiscal year under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committees on Commerce, Science, and Transportation, Banking, Housing, and Urban Affairs, and Environment and Public Works of the Senate, and make publicly available, a report describing the activities and effectiveness of the program under this section.
(1) TRANSPARENCY.—The report under this subsection shall include the following information on activities carried out under this section:
(B) An explanation of why each recipient was chosen in accordance with the selection criteria under subsection (e) and the eligibility requirements under subsection (f).
(i) Definitions.—For the purposes of this section, the following definitions apply:
(1) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(2) AUTOMATED VEHICLE.—The term “automated vehicle” means a motor vehicle that—
(A) is capable of performing the entire task of driving (including steering, accelerating, and decelerating, and reacting to external stimulus) without human intervention; and
(B) is designed to be operated exclusively by a Level 4 or Level 5 automated driving system for all trips according to the recommended practice standards published on June 15, 2018, by the Society of Automotive Engineers International (J3016_201806) or equivalent standards adopted by the Secretary with respect to automated motor vehicles.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish and implement a pilot program (in this section referred to as the “program”) to leverage anonymous crowdsourced data from third-party entities to improve transportation management capabilities and efficiency on Federal-aid highways.
(b) Goals.—The goals of the program include the utilization of anonymous crowdsourced data from third parties to implement integrated traffic management systems which leverage real-time data to provide dynamic and efficient traffic-flow management for purposes of—
(c) Partnership.—In carrying out the program, the Secretary is authorized to enter into agreements with public and private sector entities to accomplish the goals listed in subsection (b).
(d) Data privacy and security.—The Secretary shall ensure the protection of privacy for all sources of data utilized in the program, promoting cybersecurity to prevent hacking, spoofing, and disruption of connected and automated transportation systems.
(e) Program locations.—In carrying out the program, the Secretary shall initiate programs in a variety of areas, including urban, suburban, rural, tribal, or any other appropriate settings.
(f) Best practices.—Not later than 3 years after date of enactment of this Act, the Secretary shall publicly make available best practices to leverage private user data to support improved transportation management capabilities and efficiency, including—
(g) Report.—The Secretary shall annually submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report detailing—
(2) an evaluation of the effectiveness of the pilot program in meeting goals descried in subsection (b);
(a) In general.—Not later than 180 days after enactment of this Act, the Secretary of Transportation shall establish and implement a pilot program (in this section referred to as the “program”) to leverage anonymous crowdsourced data from third-party entities to improve transportation management capabilities and efficiency on Federal-aid highways.
(b) Goals.—The goals of the program include the utilization of anonymous crowdsourced data from third parties to—
(c) Partnership.—In carrying out the program, the Secretary is authorized to enter into agreements with public and private sector entities to accomplish the goals listed in subsection (b).
(d) Data privacy and security.—The Secretary shall ensure the protection of privacy for all sources of data utilized in the program, promoting cybersecurity to prevent hacking, spoofing, and disruption of connected and automated transportation systems.
(e) Program locations.—In carrying out the program, the Secretary shall initiate programs in a variety of areas, including urban, suburban, rural, tribal, or any other appropriate settings.
(f) Best practices.—Not later than 3 years after date of enactment of this Act, the Secretary shall publicly make available best practices to leverage private user data to support improved transportation management capabilities and efficiency, including—
(g) Report.—The Secretary shall annually submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report detailing—
Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended—
(1) by striking subsection (b) and inserting the following:
“(b) Eligibility.—
“(1) APPLICATION.—To be eligible for a grant under this section, a State or group of States shall submit to the Secretary an application in such form and containing such information as the Secretary may require.
“(2) ELIGIBLE PROJECTS.—The Secretary may provide grants to States or a group of States under this section for the following projects:
“(A) STATE PILOT PROJECTS.—
“(i) IN GENERAL.—A pilot project to demonstrate a user-based alternative revenue mechanism in a State.
“(ii) LIMITATION.—If an applicant has previously been awarded a grant under this section, such applicant’s proposed pilot project must be comprised of core activities or iterations not substantially similar in manner or scope to activities previously carried out by the applicant with a grant for a project under this section.
(3) in subsection (d) by striking “to test the design, acceptance, and implementation of a user-based alternative revenue mechanism” and inserting “to test the design and acceptance of, or implement, a user-based alternative revenue mechanism”;
(5) in subsection (i)—
(6) by striking subsections (j) and (k) and inserting the following:
“(j) Funding.—Of amounts made available to carry out this section—
“(1) for fiscal year 2022, $17,500,000 shall be used to carry out projects under subsection (b)(2)(A) and $17,5000,000 shall be used to carry out projects under subsection (b)(2)(B);
“(2) for fiscal year 2023, $15,000,000 shall be used to carry out projects under subsection (b)(2)(A) and $20,000,000 shall be used to carry out projects under subsection (b)(2)(B);
“(k) Funding flexibility.—Funds made available in a fiscal year for making grants for projects under subsection (b)(2) that are not obligated in such fiscal year may be made available in the following fiscal year for projects under such subsection or for the national surface transportation system funding pilot under section 5402 of the INVEST in America Act”..”.
(a) Establishment.—
(1) IN GENERAL.—The Secretary of Transportation, in coordination with the Secretary of the Treasury, shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee to restore and maintain the long-term solvency of the Highway Trust Fund and achieve and maintain a state of good repair in the surface transportation system.
(b) Parameters.—In carrying out the pilot program established under subsection (a), the Secretary of Transportation, in coordination with the Secretary of the Treasury, shall—
(1) provide different methods that volunteer participants can choose from to track motor vehicle miles traveled;
(5) use components of, and information from, the States selected for the State surface transportation system funding pilot program under section 6020 of the FAST Act (23 U.S.C. 503 note).
(c) Methods.—
(1) TOOLS.—In selecting the methods described in subsection (b)(1), the Secretary of Transportation shall coordinate with entities that voluntarily provide to the Secretary for use in the program any of the following vehicle-miles-traveled collection tools:
(E) Data from the States selected for the State surface transportation system funding pilot program under section 6020 of the FAST Act (23 U.S.C. 503 note).
(d) Per-Mile user fees.—For the purposes of the pilot program established in subsection (a), the Secretary of the Treasury shall establish on an annual basis—
(1) for passenger vehicles and light trucks, a per-mile user fee that is equivalent to—
(2) for medium- and heavy-duty trucks, a per-mile user fee that is equivalent to—
(A) the average annual taxes imposed by sections 4041 and 4081 of such Code with respect to diesel fuel, divided by
Taxes shall only be taken into account under the preceding sentence to the extent taken into account in determining appropriations to the Highway Trust Fund under section 9503(b) of such Code, and the amount so determined shall be reduced to account for transfers from such fund under paragraphs (3), (4), and (5) of section 9503(c) of such Code.
(e) Volunteer participants.—The Secretary of Transportation, in coordination with the Secretary of the Treasury, shall—
(f) Advisory board.—
(2) MEMBERS.—The advisory board shall, at a minimum, include the following entities, to be appointed by the Secretary—
(B) any public or nonprofit entity that led a surface transportation system funding alternatives pilot project under section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act);
(g) Public awareness campaign.—
(1) IN GENERAL.—The Secretary of Transportation, with guidance from the advisory board under subsection (f), may carry out a public awareness campaign to increase public awareness regarding a national per-mile user fee, including distributing information related to the pilot program carried out under this section, information from the State surface transportation system funding pilot program under section 6020 of the FAST Act (23 U.S.C. 503 note).
(h) Revenue collection.—The Secretary of the Treasury, in coordination with the Secretary of Transportation, shall establish a mechanism to collect per-mile user fees established under subsection (d) from volunteer participants. Such mechanism—
(i) Agreement.—The Secretary of Transportation may enter into an agreement with a volunteer participant containing such terms and conditions as the Secretary considers necessary for participation in the pilot program.
(j) Limitation.—Any revenue collected through the mechanism established in subsection (h) shall not be considered a toll under section 301 of title 23, United States Code.
(k) Highway Trust Fund.—The Secretary of the Treasury shall ensure that any revenue collected under subsection (g) is deposited into the Highway Trust Fund.
(l) Refund.—Not more than 45 days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program, the Secretary of the Treasury shall calculate and issue an equivalent refund to volunteer participants for applicable Federal motor fuel taxes under section 4041 and section 4081 of the Internal Revenue Code of 1986, the applicable battery tax under section 4111 of such Code, or both, if applicable.
(m) Report to Congress.—Not later than 1 year after the date on which volunteer participants begin participating in the pilot program, and each year thereafter for the duration of the pilot program, the Secretary of Transportation and the Secretary of the Treasury shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes an analysis of—
(n) Sunset.—The pilot program established under this section shall expire on the date that is 4 years after the date on which volunteer participants begin participating in such program.
(o) Definitions.—In this section, the following definitions apply:
(1) COMMERCIAL VEHICLE.—The term “commercial vehicle” has the meaning given the term commercial motor vehicle in section 31101 of title 49, United States Code.
(2) HIGHWAY TRUST FUND.—The term “Highway Trust Fund” means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986.
(3) LIGHT TRUCK.—The term “light truck” has the meaning given the term in section 523.2 of title 49, Code of Federal Regulations.
(4) MEDIUM- AND HEAVY-DUTY TRUCK.—The term “medium- and heavy-duty truck” has the meaning given the term “commercial medium- and heavy-duty on-highway vehicle” in section 32901(a) of title 49, United States Code.
(a) In general.—
(1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall convene a working group to examine the seating standards for commercial drivers.
(b) Objectives.—The Secretary shall pursue the following objectives through the working group:
(c) Report.—
(1) SUBMISSION.—Not later than 18 months after the date of enactment of this Act, the working group shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the working group under this section and any recommendations for the adoption of better ergonomic seating for commercial drivers.
(b) Conforming amendments.—
(1) TITLE ANALYSIS.—The analysis for chapter 63 of title 49, United States Code, is amended by striking the item relating to section 6314.
(a) In general.—Subchapter I of chapter 55 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 5508. Transportation workforce outreach program
“(a) In general.—The Secretary shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years 2022 through 2026.
“(b) Purpose.—The purpose of each campaign carried out under the program shall be to achieve the following objectives:
“(1) Increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, maritime transportation workers, air traffic controllers, flight attendants, truck drivers, engineers, transit workers, railroad workers, and other transportation professionals.
(a) Findings.—Congress finds the following:
(1) According to the International Energy Agency—
(b) Certification.—The Secretary of Commerce shall certify that no funds for programs related to reducing green house gas emissions under this title and the amendments made by this title are used for minerals sourced or processed with child labor, as such term is defined in Article 3 of the International Labor Organization Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor (December 2, 2000), or in violation of human rights.
Section 70101(b) of title 49, United States Code, is amended—
Section 70102(c) of title 49, United States Code, is amended by striking “shall” and all that follows through the end and inserting the following:
“shall—“(1) update the plan and publish the updated plan on the public website of the Department of Transportation; and
Section 70103 of title 49, United States Code, is amended—
(1) in subsection (b)(2)(C) by striking “of the United States that have” and inserting the following: of the United States that—
(2) in subsection (c)—
(A) in paragraph (1) by striking “Not later than 1 year after the date of enactment of this section,” and inserting the following:
“(A) REPORT TO CONGRESS.—Not later than 30 days after the date of enactment of the INVEST in America Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing a plan to designate a final National Multimodal Freight Network, including a detailed summary of the resources within the Office of the Secretary that will be dedicated to carrying out such plan.
(C) in paragraph (4)—
(iii) by striking subparagraph (C) and inserting the following:
“(C) CRITICAL URBAN FREIGHT FACILITIES AND CORRIDORS.—
“(i) AREA WITH A POPULATION OF OVER 500,000.—In an urbanized area with a population of 500,000 or more individuals, the representative metropolitan planning organization, in consultation with the State, may designate a freight facility or corridor within the borders of the State as a critical urban freight facility or corridor.
“(ii) AREA WITH A POPULATION OF LESS THAN 500,000.—In an urbanized area with a population of less than 500,000 individuals, the State, in consultation with the representative metropolitan planning organization, may designate a freight facility or corridor within the borders of the State as a critical urban freight corridor.
“(iii) DESIGNATION.—A designation may be made under subparagraph (i) or (ii) if the facility or corridor is in an urbanized area, regardless of population, and such facility or corridor—
“(I) provides access to the primary highway freight system, the Interstate system, or an intermodal freight facility;
“(II) is located within a corridor of a route on the primary highway freight system and provides an alternative option important to goods movement;
Section 70201(a) of title 49, United States Code, is amended by striking “and local governments” and inserting “local governments, metropolitan planning organizations, and the departments with responsibility for environmental protection and air quality of the State”.
Section 70202(b) of title 49, United States Code, is amended—
(a) Study.—Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of the Treasury and the Commissioner of the Internal Revenue Service, shall establish a joint task force to study the establishment and administration of a fee on multimodal freight surface transportation services.
(b) Contents.—The study required under subsection (a) shall include the following:
(1) An estimation of the revenue that a fee of up to 1 percent on freight transportation services would raise.
(2) An identification of the entities that would be subject to such a fee paid by the owners or suppliers of cargo.
(c) Report.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives and the Committee on Environment and Public Works and the Committee on Finance of the Senate the study required under subsection (a).
Section 116 of title 49, United States Code, is amended—
(1) in subsection (b) by striking paragraph (1) and inserting the following:
“(1) to provide assistance and communicate best practices and financing and funding opportunities to eligible entities for the programs referred to in subsection (d)(1), including by—
(3) by inserting after subsection (i) the following:
“(j) Annual progress report.—Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Executive Director shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report detailing—
(a) Establishment.—The Secretary of Transportation shall immediately reinstate the local labor hiring pilot program containing the contracting initiative established by the Secretary and published in the Federal Register on March 6, 2015 (80 Fed. Reg. 12257), under the same terms, conditions, and requirements as so published.
The Secretary of Transportation may not employ more than 15 full-time equivalent positions in any fiscal year in the Immediate Office of the Secretary.
(a) In general.—The Secretary of Transportation shall—
(1) adopt, for use by the Department of Transportation in carrying out response efforts relating to, and operations during, the Coronavirus Disease 2019 (COVID–19) pandemic, the categorization of “essential critical infrastructure workers” identified in the Guidance on the Essential Critical Infrastructure Workforce published by the Department of Homeland Security on March 28, 2020 (or a subsequent version of such guidance); and
(2) coordinate with the Director of the Centers for Disease Control and Prevention and the Administrator of the Federal Emergency Management Agency to support efforts of State and local governments to provide for—
(b) Application.—Nothing in this section requires the provision of priority testing or priority access to personal protective equipment for essential critical infrastructure workers (as such term is used in subsection (a)(1)) to be prioritized over the provision of that testing or access to personal protective equipment for other individuals who are identified by the Centers for Disease Control and Prevention or any other relevant Federal, State, or local agency as having a higher priority for that testing or access to personal protective equipment, including—
(a) Creditworthiness.—Section 602(a)(2) of title 23, United States Code, is amended—
(b) Non-Federal share.—Section 603(b) of title 23, United States Code, is amended by striking paragraph (8) and inserting the following:
“(8) NON-FEDERAL SHARE.—Notwithstanding paragraph (9) and section 117(j)(2), the proceeds of a secured loan under the TIFIA program shall be considered to be part of the non-Federal share of project costs required under this title or chapter 53 of title 49, if the loan is repayable from non-Federal funds.”.
(c) Exemption of funds from TIFIA Federal share requirement.—Section 603(b)(9) of title 23, United States Code, is amended by adding at the end the following:
(d) Streamlined application process.—Section 603(f) of title 23, United States Code, is amended by adding at the end the following:
“(3) ADDITIONAL TERMS FOR EXPEDITED DECISIONS.—
“(A) IN GENERAL.—Not later than 120 days after the date of enactment of this paragraph, the Secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet—
“(B) ADDITIONAL CRITERIA.—The additional criteria referred to in subparagraph (A)(ii) are the following:
“(i) The secured loan is made on terms and conditions that substantially conform to the conventional terms and conditions established by the National Surface Transportation Innovative Finance Bureau.
“(iv) The applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under the TIFIA program.
“(v) The project has received a categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(C) WRITTEN NOTICE.—The Secretary shall provide to an applicant seeking a secured loan under the expedited decision process under this paragraph a written notice informing the applicant whether the Secretary has approved or disapproved the application by not later than 180 days after the date on which the Secretary submits to the applicant a letter indicating that the National Surface Transportation Innovative Finance Bureau has commenced the creditworthiness review of the project.”.
(e) Assistance to small projects.—Section 605(f)(1) of title 23, United States Code, is amended by striking “$2,000,000” and inserting “$3,000,000”.
(g) Status reports.—Section 609 of title 23, United States Code, is amended by adding at the end the following:
“(c) Status reports.—
“(1) IN GENERAL.—The Secretary shall publish on the website for the TIFIA program—
This division may be cited as the “Improving Hazardous Materials Safety Act of 2020”.
Section 5128 of title 49, United States Code, is amended—
(2) in subsection (b)—
(3) in subsection (c) by striking “$4,000,000 for each of fiscal years 2016 through 2020” and inserting “$5,000,000 for each of fiscal years 2021 through 2025”;
(4) in subsection (d) by striking “$1,000,000 for each of fiscal years 2016 through 2020” and inserting “$4,000,000 for each of fiscal years 2021 through 2025”;
(a) Repeal.—Section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.
(b) Conforming amendments.—Section 333 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(B) in paragraph (2) by striking “Pursuant to section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), the Secretary” and inserting “The Secretary”;
(a) Evaluation.—Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Railroad Administration, in coordination with the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall initiate an evaluation of the safety, security, and environmental risks of transporting liquefied natural gas by rail.
(b) Testing.—In conducting the evaluation under subsection (a), the Administrator of the Federal Railroad Administration shall—
(1) perform physical testing of rail tank cars, including, at a minimum, the DOT–113 specification, to evaluate the performance of such rail tank cars in the event of an accident or derailment, including evaluation of the extent to which design and construction features such as steel thickness and valve protections prevent or mitigate the release of liquefied natural gas;
(2) analyze multiple release scenarios, including derailments, front-end collisions, rear-end collisions, side-impact collisions, grade-crossing collisions, punctures, and impact of an incendiary device, at a minimum of 3 speeds of travel with a sufficient range of speeds to evaluate the safety, security, and environmental risks posed under real-world operating conditions; and
(c) Other factors To consider.—In conducting the evaluation under subsection (a), the Administrator of the Federal Railroad Administration shall evaluate the impact of a discharge of liquefied natural gas from a rail tank car on public safety and the environment, and consider—
(1) the benefits of route restrictions, speed restrictions, enhanced brake requirements, personnel requirements, rail tank car technological requirements, and other operating controls;
(2) the advisability of consist restrictions, including limitations on the arrangement and quantity of rail tank cars carrying liquefied natural gas in any given consist;
(3) the identification of potential impact areas, and the number of homes and structures potentially endangered by a discharge in rural, suburban, and urban environments;
(5) the benefits of advanced notification to the Department of Transportation, State Emergency Response Commissions, and Tribal Emergency Response Commissions of routes for moving liquefied natural gas by rail tank car;
(6) how first responders respond to an incident, including the extent to which specialized equipment or training would be required and the cost to communities for acquiring any necessary equipment or training;
(8) an evaluation of the rail tank car authorized by the Secretary of Transportation for liquefied natural gas or similar cryogenic liquids, and a determination of whether specific safety enhancements or new standards are necessary to ensure the safety of rail transport of liquefied natural gas; and
(d) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make available to the public—
(1) a report based on the evaluation and testing conducted under subsections (a) and (b), which shall include the results of the evaluation and testing and recommendations for mitigating or eliminating the safety, security, environmental, and other risks of an accident or incident involving the transportation of liquefied natural gas by rail; and
(2) a complete list of all research related to the transportation of liquefied natural gas by rail conducted by the Federal Railroad Administration, the Pipeline and Hazardous Materials Safety Administration, or any other entity of the Federal Government since 2010 that includes, for each research item—
(e) Data collection.—The Administrator of the Federal Railroad Administration and the Administrator of the Pipeline and Hazardous Materials Safety Administration shall collect any relevant data or records necessary to complete the evaluation required by subsection (a).
(f) GAO report.—After the evaluation required by subsection (a) has been completed, the Comptroller General of the United States shall conduct an independent evaluation to verify that the Federal Railroad Administration and the Pipeline and Hazardous Materials Safety Administration complied with the requirements of this Act, and transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of such independent evaluation.
(g) Congressional review requirements.—
(1) REVIEW PERIOD DEFINED.—In this subsection, the term “review period” means the period beginning on the date of enactment of this Act and ending on the earlier of—
Section 5107 of title 49, United States Code, is amended by adding at the end the following:
This division may be cited as the “Transforming Rail by Accelerating Investment Nationwide Act” or the “TRAIN Act”.
(a) Authorization of grants to Amtrak.—
(1) NORTHEAST CORRIDOR.—There are authorized to be appropriated to the Secretary for the use of Amtrak for activities associated with the Northeast Corridor the following amounts:
(b) Project management oversight.—The Secretary may withhold up to $15,000,000 for each of fiscal years 2021 through 2025 from the amounts made available under subsection (a) for Amtrak grant expenditure oversight.
(c) Amtrak common benefit costs for State-supported routes.—For any fiscal year in which funds are made available under subsection (a)(2) in excess of the amounts authorized for fiscal year 2020 under section 11101(b) of the FAST Act (114–94), Amtrak shall use up to $300,000,000 of the excess funds to defray the share of operating costs of Amtrak’s national assets (as such term is defined in section 24320(c)(5) of title 49, United States Code) and corporate services (as such term is defined pursuant to section 24317(b) of title 49, United States Code) that is allocated to the State-supported services.
(d) State-Supported Route Committee.—Of the funds made available under subsection (a)(2), the Secretary may make available up to $3,000,000 for each fiscal year for the State-Supported Route Committee established under section 24712 of title 49, United States Code.
(e) Northeast Corridor Commission.—Of the funds made available under subsection (a)(1), the Secretary may make available up to $6,000,000 for each fiscal year for the Northeast Corridor Commission established under section 24905 of title 49, United States Code.
(f) Authorization of appropriations for Amtrak Office of Inspector General.—There are authorized to be appropriated to the Office of Inspector General of Amtrak the following amounts:
(g) Passenger rail improvement, modernization, and enhancement grants.—There are authorized to be appropriated to the Secretary to carry out section 22906 of title 49, United States Code, the following amounts:
(h) Consolidated rail infrastructure and safety improvements.—
(i) Railroad rehabilitation and improvement financing.—
(1) IN GENERAL.—There are authorized to be appropriated to the Secretary for payment of credit risk premiums in accordance with section 9104 of this division and section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) $130,000,000 for each of fiscal years 2021 through 2025, to remain available until expended.
(2) REFUND OF PREMIUM.—There are authorized to be appropriated to the Secretary $70,000,000 to repay the credit risk premium under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) in accordance with section 9104.
(j) Restoration and enhancement grants.—
(k) Grade crossing separation grants.—
(l) Rail safety public awareness grants.—Of the amounts made available under subsection (k), the Secretary shall make available $5,000,000 for each of fiscal years 2021 through 2025 to carry out section 20172 of title 49, United States Code, (as added by section 9552 of this Act).
(m) Authorization of appropriations to the Federal Railroad Administration.—Section 20117 of title 49, United States Code, is amended to read as follows:
Ҥ 20117. Authorization of appropriations
“(a) Safety and operations.—
“(1) IN GENERAL.—There are authorized to be appropriated to the Secretary of Transportation for the operations of the Federal Railroad Administration and to carry out railroad safety activities authorized or delegated to the Administrator—
“(2) AUTOMATED TRACK INSPECTION PROGRAM AND DATA ANALYSIS.—From the funds made available under paragraph (1) for each of fiscal years 2021 through 2025, not more than $17,000,000 may be expended for the Automated Track Inspection Program and data analysis related to track inspection. Such funds shall remain available until expended.
“(b) Railroad research and development.—
“(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Transportation for necessary expenses for carrying out railroad research and development activities the following amounts which shall remain available until expended:
“(2) STUDY ON LNG BY RAIL.—From the amounts made available for fiscal years 2021 through 2025 under paragraph (1), the Secretary shall expend not less than $6,000,000 and not more than $8,000,000 to carry out the evaluation of transporting liquefied natural gas by rail under section 8202 of the TRAIN Act.
“(3) STUDY ON SAFETY CULTURE ASSESSMENTS.—From the amounts made available for fiscal year 2021 under paragraph (1), the Secretary shall expend such sums as are necessary to carry out the study on safety culture assessments under section 9517 of the TRAIN Act.
(a) In general.—Section 22906 of title 49, United States Code, is amended to read as follows:
Ҥ 22906. Passenger rail improvement, modernization, and expansion grants
“(a) Establishment.—The Secretary of Transportation shall establish a program to make grants for capital projects that improve the state of good repair, operational performance, or growth of intercity rail passenger transportation.
“(b) Project selection criteria.—
“(1) IN GENERAL.—Capital projects eligible for a grant under this section include—
“(A) a project to replace, rehabilitate, or repair a major infrastructure asset used for providing passenger rail service to bring such infrastructure asset into a state of good repair;
“(B) a project to improve passenger rail performance, including congestion mitigation, reliability improvements, achievement of on-time performance standards established under section 207 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 24101 note), reduced trip times, increased train frequencies, higher operating speeds, electrification, and other improvements, as determined by the Secretary; and
“(2) REQUIREMENTS.—To be eligible for a grant under this section, an applicant shall have, or provide documentation of a credible plan to achieve—
“(3) PRIORITY.—In selecting an applicant for a grant under this section, the Secretary shall give preference to capital projects that—
“(4) ADDITIONAL CONSIDERATIONS.—In selecting an applicant for a grant under this section, the Secretary shall consider—
“(A) the cost-benefit analysis of the proposed project, including anticipated public benefits relative to the costs of the proposed project, including—
“(c) Northeast Corridor projects.—Of the funds made available to carry out this section, not less than 40 percent shall be made available for projects included in the Northeast Corridor investment plan required under section 24904.
“(d) National projects.—Of the funds made available to carry out this section, not less than 40 percent shall be made available for—
“(e) Federal share of total project costs.—
“(1) TOTAL PROJECT COST ESTIMATE.—The Secretary shall estimate the total cost of a project under this section based on the best available information, including engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.
“(f) Letters of intent.—
“(1) IN GENERAL.—The Secretary shall, to the maximum extent practicable, issue a letter of intent to a recipient of a grant under this section that—
“(g) Appropriations required.—An obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose.
“(h) Grant administration.—The Secretary may withhold up to 1 percent of the total amount made available to carry out this section for program oversight and management, including providing technical assistance and project planning guidance.
“(i) Regional planning guidance.—The Secretary may withhold up to half a percent of the total amount made available to carry out this section to facilitate and provide guidance for regional planning processes.
“(j) Availability.—Amounts made available to carry out this section shall remain available until expended.
“(k) Grant conditions.—Except as specifically provided in this section, the use of any amounts appropriated for grants under this section shall be subject to the grant conditions under section 22905, except that the domestic buying preferences of section 24305(f) shall apply to grants provided to Amtrak in lieu of the requirements of section 22905(a).
“(l) Definitions.—In this section:
“(2) CAPITAL PROJECT.—The term ‘capital project’ means—
“(A) acquisition, construction, replacement, rehabilitation, or repair of major infrastructure assets or equipment that benefit intercity rail passenger transportation, including tunnels, bridges, stations, track, electrification, grade crossings, passenger rolling stock, and other assets, as determined by the Secretary;
“(3) INTERCITY RAIL PASSENGER TRANSPORTATION.—The term ‘intercity rail passenger transportation’ has the meaning given such term in section 24102.
“(4) HIGH-SPEED RAIL.—The term ‘high-speed rail’ has the meaning given such term in section 26106(b).
“(5) NORTHEAST CORRIDOR.—The term ‘Northeast Corridor’ has the meaning given such term in section 24102.
(b) Clerical amendment.—The item related to section 22906 in the analysis for chapter 229 of title 49, United States Code, is amended to read as follows:
“22906. Passenger rail improvement, modernization, and expansion grants.”.
Section 22907 of title 49, United States Code, is amended—
(2) in subsection (c)—
(B) in paragraph (2) by striking “as defined in section 22901(2), except that a project shall not be required to be in a State rail plan developed under chapter 227”;
(D) in paragraph (4) by striking “identified by the Secretary” and all that follows through “rail transportation” and inserting “to reduce congestion, improve service, or facilitate ridership growth in intercity rail passenger transportation and commuter rail passenger transportation (as such term is defined in section 24102)”;
(3) in subsection (e) by striking paragraph (1) and inserting the following:
“(1) IN GENERAL.—In selecting a recipient of a grant for an eligible project, the Secretary shall give preference to—
“(A) projects that will maximize the net benefits of the funds made available for use under this section, considering the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project and factoring in the other considerations described in paragraph (2); and
(5) by redesignating subsections (i), (j), (k), and (l) as subsections (k), (l), (m), and (n), respectively; and
(6) by inserting after subsection (h) the following:
“(i) Large projects.—Of the amounts made available under this section, at least 50 percent shall be for projects that have total project costs of greater than $100,000,000.
“(j) Commuter rail.—
“(1) ADMINISTRATION OF FUNDS.—The amounts awarded under this section for commuter rail passenger transportation projects shall be transferred by the Secretary, after selection, to the Federal Transit Administration for administration of funds in accordance with chapter 53.
“(2) GRANT CONDITION.—
“(A) IN GENERAL.—As a condition of receiving a grant under this section that is used to acquire, construct, or improve railroad right-of-way or facilities, any employee covered by the Railway Labor Act (45 U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) who is adversely affected by actions taken in connection with the project financed in whole or in part by such grant shall be covered by employee protective arrangements established under section 22905(e).
“(B) APPLICATION OF PROTECTIVE ARRANGEMENT.—The grant recipient and the successors, assigns, and contractors of such recipient shall be bound by the protective arrangements required under subparagraph (A). Such recipient shall be responsible for the implementation of such arrangement and for the obligations under such arrangement, but may arrange for another entity to take initial responsibility for compliance with the conditions of such arrangement.
“(k) Definition of capital project.—In this section, the term ‘capital project’ means a project or program for—
“(1) acquiring, constructing, improving, or inspecting equipment, track and track structures, or a facility, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, highway-rail grade crossing improvements, mitigating environmental impacts, communication and signalization improvements, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended—
(1) in subsection (b)—
(2) in subsection (f)—
(B) in paragraph (4)—
(i) by inserting “In the case of an applicant seeking a loan that is less than 50 percent of the total cost of the project, half of the credit risk premiums under this subsection shall be paid to the Secretary before the disbursement of loan amounts and the remaining half shall be paid to the Secretary in equal amounts semiannually and fully paid not later than 10 years after the first loan disbursement is executed.” after “modifications thereof.”;
(ii) by striking “Credit risk premiums” and inserting “(A) Timing of payment.—Credit risk premiums”; and
(iii) by adding at the end the following:
“(B) PAYMENT OF CREDIT RISK PREMIUMS.—
“(C) REFUND OF PREMIUM.—The Secretary shall repay the credit risk premium of each loan in cohort 3, as defined by the memorandum to the Office of Management and Budget of the Department of Transportation dated November 5, 2018, with interest accrued thereon, not later than 60 days after the date on which all obligations attached to each such loan have been satisfied. For each such loan for which obligations have been satisfied as of the date of enactment of the TRAIN Act, the Secretary shall repay the credit risk premium of each such loan, with interest accrued thereon, not later than 60 days after the date of the enactment of such Act.”; and
(3) by adding at the end the following:
“(n) Non-Federal share.—The proceeds of a loan provided under this section may be used as the non-Federal share of project costs under this title or chapter 53 of title 49 if such loan is repayable from non-Federal funds.”.
Section 22905(a) of title 49, United States Code, is amended—
(2) by striking paragraph (4) and inserting the following:
“(4) (A) If the Secretary receives a request for a waiver under paragraph (2), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.
(4) by adding at the end the following:
“(12) The requirements of this subsection apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decisions under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source for activities carried out pursuant to such contracts, if at least 1 contract for the project is funded with amounts made available to carry out a provision specified in paragraph (1).”.
(a) In general.—The Secretary of Transportation shall sponsor a study by the National Academies to conduct an assessment of the potential impacts of climate change on the national rail network.
(b) Assessment.—At a minimum, the assessment conducted pursuant to subsection (a) shall—
(3) examine and describe potential effects of climate change and extreme weather events on passenger and freight rail infrastructure, trackage, and facilities, including facilities owned by rail shippers;
(c) Report.—Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings of the assessment conducted pursuant to subsection (a).
(d) Further coordination.—The Secretary shall make the report publicly available on the website of the Department of Transportation and communicate the results of the assessment with stakeholders.
Section 24101 of title 49, United States Code, is amended—
(1) in subsection (a)—
(B) in paragraph (2) by striking the period and inserting “, thereby providing additional capacity for the traveling public and widespread air quality benefits.”;
(2) in subsection (b) by striking “The” and all that follows through “consistent” and inserting “The mission of Amtrak is to provide a safe, efficient, and high-quality national intercity passenger rail system that is trip-time competitive with other intercity travel options, consistent”;
(3) in subsection (c)—
Section 24301(a) of title 49, United States Code, is amended—
(a) In general.—Section 24302 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking subparagraph (C) and inserting the following:
“(C) 8 individuals appointed by the President of the United States, by and with the advice and consent of the Senate, with a record of support for national passenger rail service, general business and financial experience, and transportation qualifications or expertise. Of the individuals appointed—
“(i) 1 shall be a Mayor or Governor of a location served by a regularly scheduled Amtrak service on the Northeast Corridor;
(B) in paragraph (2) by inserting “users of Amtrak, including the elderly and individuals with disabilities, and” after “and balanced representation of”;
(C) in paragraph (3) by adding at the end the following: “A member of the Board appointed under clause (i) or (ii) of paragraph (1)(C) shall serve for a term of 5 years or until such member leaves the elected office such member occupied at the time such member was appointed, whichever is first.”; and
(b) Timing of new board requirements.—Beginning on the date that is 60 days after the date of enactment of this Act, the appointment and membership requirements under section 24302 of title 49, United States Code, shall apply to each member of the Board under such section and the term of each current Board member shall end. A member serving on such Board as of the date of enactment of this Act may be reappointed on or after such date subject to the advice and consent of the Senate if such member meets the requirements of such section.
(a) In general.—Section 24308(c) of title 49, United States Code, is amended by adding at the end the following: “Notwithstanding section 24103(a) and section 24308(f), Amtrak shall have the right to bring an action for equitable or other relief in the United States District Court for the District of Columbia to enforce the preference rights granted under this subsection.”.
Section 24308(e) of title 49, United States Code, is amended—
(1) by striking paragraph (1) and inserting the following:
“(1) (A) When a rail carrier does not agree to allow Amtrak to operate additional trains over any rail line of the carrier on which Amtrak is operating or seeks to operate, Amtrak may submit an application to the Board for an order requiring the carrier to allow for the operation of the requested trains. Within 90 days of receipt of such application, the Board shall determine whether the additional trains would unreasonably impair freight transportation and—
“(i) for a determination that such trains do not unreasonably impair freight transportation, order the rail carrier to allow for the operation of such trains on a schedule established by the Board; or
“(ii) for a determination that such trains do unreasonably impair freight transportation, initiate a proceeding to determine any additional infrastructure investments required by, or on behalf of, Amtrak.
“(B) If Amtrak seeks to resume operation of a train that Amtrak operated during the 5-year period preceding an application described in subparagraph (A), the Board shall apply a presumption that the resumed operation of such train will not unreasonably impair freight transportation unless the Board finds that there are substantially changed circumstances.”;
(3) by adding at the end the following:
“(4) In a proceeding initiated by the Board under paragraph (1)(B), the Board shall solicit the views of the parties and require the parties to provide any necessary data or information. Not later than 180 days after the date on which the Board makes a determination under paragraph (1)(B), the Board shall issue an order requiring the rail carrier to allow for the operation of the requested trains conditioned upon additional infrastructure or other investments needed to mitigate the unreasonable interference. In determining the necessary level of additional infrastructure or other investments, the Board shall use any criteria, assumptions, and processes it considers appropriate.
(a) In general.—Section 28103 of title 49, United States Code, is amended—
(2) by inserting after subsection (d) the following:
“(e) Prohibition on choice-of-forum clause.—
“(1) IN GENERAL.—Amtrak may not impose a choice-of-forum clause that attempts to preclude a passenger, or a person who purchases a ticket for rail transportation on behalf of a passenger, from bringing a claim against Amtrak in any court of competent jurisdiction, including a court within the jurisdiction of the residence of such passenger in the United States (provided that Amtrak does business within that jurisdiction).
(a) Assessment.—Amtrak shall conduct an assessment and review of all Amtrak policies, procedures, protocols, and guidelines for compliance with the requirements of the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(b) Report.—Not later than 180 days after the date of enactment of this Act, Amtrak shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the assessment conducted under subsection (a).
(c) Contents.—The report required under subsection (b) shall include—
(2) any necessary changes to such policies, procedures, protocols, and guidelines to ensure compliance with the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), including full compliance under such Act for stations and facilities for which Amtrak has responsibility under such Act and consideration of the needs of individuals with disabilities when procuring rolling stock; and
(d) Engagement.—Amtrak is encouraged to engage with a range of advocates for individuals with disabilities during the assessment conducted under subsection (a), and develop an ongoing and standardized process for engagement with advocates for individuals with disabilities.
(e) Periodic evaluation.—At least once every 2 years, Amtrak shall review and update, as necessary, Amtrak policies, procedures, protocols, and guidelines to ensure compliance with the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(a) In general.—Chapter 243 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 24323. Prohibition on smoking on Amtrak trains
“(a) Prohibition.—Beginning on the date of enactment of the TRAIN Act, Amtrak shall prohibit smoking on board Amtrak trains.
(b) 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.”.
(a) In general.—Section 24712 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (4) by striking the first sentence and inserting “The Committee shall define and periodically update the rules and procedures governing the Committee’s proceedings.”; and
(B) in paragraph (6)—
(i) by striking subparagraph (B) and inserting the following:
“(B) PROCEDURES.—The rules and procedures implemented under paragraph (4) shall include—
“(i) procedures for changing the cost allocation methodology, notwithstanding section 209(b) of the Passenger Rail Investment and Improvement Act (49 U.S.C. 24101 note); and
(iii) by adding at the end the following:
“(D) ANNUAL REVIEW.—Not later than June 30 of each year, the Committee shall prepare an evaluation of the cost allocation methodology and procedures under subparagraph (B) and transmit such evaluation to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”;
(2) in subsection (b)—
(B) by inserting before the period at the end the following: “and the Committee. Not later than 180 days after the date of enactment of the TRAIN Act, the Committee shall develop a report that contains the general ledger data and operating statistics from Amtrak’s accounting systems used to calculate payments to States. Amtrak shall provide to the States and the Committee the report for the prior month not later than 30 days after the last day of each month”;
(3) in subsection (e) by inserting “, including incentives to increase revenue, reduce costs, finalize contracts by the beginning of the fiscal year, and require States to promptly make payments for services delivered” before the period;
(4) in subsection (f)—
(B) in paragraph (2) by striking “Not later than 2 years” and all that follows through “transmit the statement” and inserting “The Committee shall transmit, not later than March 31 of each year, the most recent annual update to the statement”; and
(C) by adding at the end the following:
“(3) SENSE OF CONGRESS.—It is the sense of Congress that the Committee shall be the forum where Amtrak and States collaborate on the planning, improvement, and development of corridor routes across the National Network. The Committee shall identify obstacles to intercity passenger rail growth and identify solutions to overcome such obstacles.”;
(6) by inserting after subsection (f) the following:
“(g) New State-supported routes.—
“(1) CONSULTATION.—In developing a new State-supported route, Amtrak shall consult with the following:
“(2) STATE COMMITMENTS.—Notwithstanding any other provision of law, before beginning construction necessary for, or beginning operation of, a State-supported route that is initiated on or after the date of enactment of the TRAIN Act, Amtrak shall enter into a memorandum of understanding, or otherwise secure an agreement, with the State in which such route will operate for sharing—
“(3) ALTERNATIVE COST ALLOCATION.—Under the alternative cost allocation schedule described in this paragraph, with respect to costs not covered by revenues for the operation of the new State-supported route, Amtrak shall pay—
“(A) the share Amtrak otherwise would have paid under the cost allocation methodology under subsection (a); and
“(B) a percentage of the share that the State otherwise would have paid under the cost allocation methodology under subsection (a) according to the following:
“(i) Amtrak shall pay up to 100 percent of the capital costs necessary to initiate a new State-supported route, including planning and development, design, and environmental analysis, prior to beginning operations on the new route.
“(ii) For the first 2 years of operation, Amtrak shall pay for 100 percent of operating costs and capital costs.
“(iii) For the third year of operation, Amtrak shall pay 90 percent of operating costs and capital costs and the State shall pay the remainder.
“(iv) For the fourth year of operation, Amtrak shall pay 80 percent of operating costs and capital costs and the State shall pay the remainder
“(h) Cost allocation methodology and implementation report.—
“(1) IN GENERAL.—Not later than 18 months after the date of enactment of the TRAIN Act, the Committee shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report assessing potential improvements to the cost allocation methodology required and approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
“(2) REPORT CONTENTS.—The report required under paragraph (1) shall—
“(B) describe the various contracting approaches used in State-supported services between States and Amtrak, including the method, amount, and timeliness of payments for each State-supported service;
“(C) evaluate the potential benefits and feasibility, including identifying any necessary statutory changes, of implementing a service pricing model for State-supported routes in lieu of a cost allocation methodology and how such a service pricing model would advance the priorities described in subparagraph (A); and
“(i) Identification of State-Supported route changes.—Amtrak shall provide an update in the general and legislative annual report under section 24315(b) of planned or proposed changes to State-supported routes, including the introduction of new State-supported routes. In identifying routes to be included in such request, Amtrak shall—
(a) Department mission.—Not later than 180 days after the date of enactment of this Act, Amtrak shall identify the mission of the Amtrak Police Department (in this section referred to as the “Department”), including the scope and priorities of the Department, in mitigating risks to and ensuring the safety and security of Amtrak passengers, employees, trains, stations, facilities, and other infrastructure. In identifying such mission, Amtrak shall consider—
(b) Workforce planning process.—Not later than 120 days after identifying the mission of the Department under subsection (a), Amtrak shall develop a workforce planning process that—
(c) Considerations.—In developing the workforce planning process under subsection (b), Amtrak shall—
(1) identify critical positions, skills, and competencies necessary for fulfilling the Department’s mission;
(2) analyze employment levels and ensure that—
(A) an adequate number of civilian and sworn personnel are allocated across the Department’s 6 geographic divisions, including patrol officers, detectives, canine units, special operations unit, strategic operations, intelligence, corporate security, the Office of Professional Responsibilities, and the Office of Chief of Polices; and
(5) consider variables, including ridership levels, miles of right-of-way, crime data, call frequencies, interactions with vulnerable populations, and workload, that comparable passenger rail systems with similar police departments consider in the development of the workforce plans of such systems; and
(d) Consultation.—In carrying out this section, Amtrak shall consult with the Amtrak Police Department Labor Committee, public safety experts, foreign or domestic entities providing passenger rail service comparable to Amtrak, and any other relevant entities, as determined by Amtrak.
(e) Reports.—
(1) REPORT ON MISSION OF DEPARTMENT.—Not later than 10 days after Amtrak identifies the mission of the Department under subsection (a), Amtrak shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing a description of the mission of the Department and the reasons for the content of such mission.
(2) Report on workforce planning process- Not later than 10 days after Amtrak completes the workforce planning process under subsection (b), Amtrak shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the workforce planning process, the underlying data used to develop such process, and how such process will achieve the Department’s mission.
(a) Amtrak food and beverage.—Section 24321 of title 49, United States Code, is amended to read as follows:
Ҥ 24321. Amtrak food and beverage
“(a) Ensuring access to food and beverage services.—On all long-distance routes, Amtrak shall ensure that all passengers who travel overnight on such route shall have access to purchasing the food and beverages that are provided to sleeping car passengers on such route.
“(b) Food and beverage workforce.—
“(c) Savings clause.—Amtrak shall ensure that no Amtrak employee holding a position as of the date of enactment of the Passenger Rail Reform and Investment Act of 2015 is involuntarily separated because of the development and implementation of the plan required by the amendments made by section 11207 of such Act.”.
(b) Technical and conforming amendments.—
(1) ANALYSIS.—The item related to section 24321 in the analysis for chapter 243 of title 49, United States Code, is amended to read as follows:
“24321. Amtrak food and beverage.”.
(2) AMTRAK AUTHORITY.—Section 24305(c)(4) of title 49, United States Code, is amended by striking “only if revenues from the services each year at least equal the cost of providing the services”.
(3) CONTRACTING OUT.—Section 121(c) of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 2574) is amended by striking “, other than work related to food and beverage service,”.
(c) Amtrak food and beverage working group.—
(1) ESTABLISHMENT.—Not later than 90 days after the date of enactment of this Act, Amtrak shall establish a working group (in this subsection referred to as the “Working Group”) to provide recommendations on Amtrak onboard food and beverage services.
(2) MEMBERSHIP.—The Working Group shall consist of individuals representing—
(3) RECOMMENDATIONS.—
(A) IN GENERAL.—The Working Group shall develop recommendations to increase ridership and improve customer satisfaction by—
(B) CONSIDERATIONS.—In developing the recommendations under subparagraph (A), the Working Group shall consider—
(i) the healthfulness of onboard food and beverages offered, including the ability of passengers to address dietary restrictions;
(4) REPORTS.—
(A) INITIAL REPORT.—Not later than 1 year after the date on which the Working Group is established, the Working Group shall submit to the Board of Directors of Amtrak, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report containing the recommendations developed under paragraph (3).
(B) SUBSEQUENT REPORT.—Not later than 30 days after the date on which the Working Group submits the report required under subparagraph (A), Amtrak shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on whether Amtrak agrees with the recommendations of the Working Group and describing any plans to implement such recommendations.
(5) PROHIBITION ON FOOD AND BEVERAGE SERVICE CHANGES.—During the period beginning on the date of enactment of this Act and ending 30 days after the date on which Amtrak submits the report required under paragraph (4)(B), Amtrak may not make large-scale, structural changes to existing onboard food and beverage services, except that Amtrak shall reverse any changes to onboard food and beverage service made in response to the COVID–19 pandemic as Amtrak service is restored.
(6) TERMINATION.—The Working Group shall terminate on the date on which Amtrak submits the report required under paragraph (4)(B), except that Amtrak may extend such date by up to 1 year if Amtrak determines that the Working Group is beneficial to Amtrak in making decisions related to onboard food and beverage services. If Amtrak extends such date, Amtrak shall include notification of the extension in the report required under paragraph (4)(B).
Section 121 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 2574) is amended by striking subsection (d) and inserting the following:
“(d) Furloughed work.—Amtrak may not contract out work within the scope of work performed by an employee in a bargaining unit covered by a collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees during the period of time such employee has been laid off and has not been recalled to perform such work.
Section 24312 of title 49, United States Code, is amended by adding at the end the following:
“(c) Call center staffing.—
“(d) Station agent staffing.—
“(1) IN GENERAL.—Beginning on the date that is 1 year after the date of enactment of the TRAIN Act, Amtrak shall ensure that at least 1 Amtrak ticket agent is employed at each station building where at least 1 Amtrak ticket agent was employed on or after October 1, 2017.
“(2) LOCATIONS.—Notwithstanding section (1), beginning on the date that is 1 year after the date of enactment of the TRAIN Act, Amtrak shall ensure that at least 1 Amtrak ticket agent is employed at each station building—
“(B) for which the number of passengers boarding or deboarding an Amtrak long-distance train in the previous fiscal year exceeds the average of at least 40 passengers per day over all days in which the station was serviced by Amtrak, regardless of the number of Amtrak vehicles servicing the station per day. For fiscal year 2021, ridership from fiscal year 2019 shall be used to determine qualifying stations.
Section 24307(a) of title 49, United States Code, is amended—
(1) in the matter preceding paragraph (1) by striking “for the following:” and inserting “of at least a 10 percent discount on full-price coach class rail fares for, at a minimum—”;
(3) by striking paragraph (2) and inserting the following:
“(3) individuals with a disability, as such term is defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);
(a) In general.—Chapter 243 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 24324. Disaster and emergency relief program
“(a) In general.—The Secretary of Transportation may make grants to Amtrak for—
“(b) Coordination of emergency funds.—Funds made available to carry out this section shall be in addition to any other funds available and shall not affect the ability of Amtrak to use any other funds otherwise authorized by law.
(b) Clerical amendment.—The analysis for chapter 243 of title 49, United States Code, is further amended by adding at the end the following:
“24324. Disaster and emergency relief program.”.
Section 24315 of title 49, United States Code, is amended by adding at the end the following:
“(i) Recreational trail access.—At least 30 days before implementing a new policy, structure, or operation that impedes recreational trail access, Amtrak shall work with potentially affected communities, making a good-faith effort to address local concerns about such recreational trail access. Not later than February 15 of each year, Amtrak shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on any such engagement in the preceding calendar year, and any changes to policies, structures, or operations affecting recreational trail access that were considered or made as a result. Such report shall include Amtrak’s plans to mitigate the impact to such recreational trail access.”.
Section 24308(f) of title 49, United States Code, is amended—
(1) in paragraph (1)—
(B) by inserting “, measured at each station on its route based upon the arrival times plus 15 minutes shown in schedules Amtrak and the host railroad have agreed to or have been determined by the Surface Transportation Board pursuant to section 213 of the Passenger Rail Investment and Improvement Act of 2008 as of or subsequent to the date of enactment of the TRAIN Act,” after “intercity passenger train”; and
(a) In general.—Chapter 243 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 24324. Amtrak cybersecurity enhancement grant program
“(a) In general.—The Secretary of Transportation shall make grants to Amtrak for improvements in information technology systems, including cyber resiliency improvements for Amtrak information technology assets.
“(b) Application of best practices.—Any cyber resiliency improvements carried out with a grant under this section shall be consistent with the principles contained in the special publication numbered 800–160 issued by the National Institute of Standards and Technology Special and any other applicable security controls published by the Institute.
(b) Clerical amendment.—The analysis for chapter 243 of title 49, United States Code, is further amended by adding at the end the following:
“24324. Amtrak cybersecurity enhancement grant program.
(a) Sense of Congress.—It is the sense of Congress that private cars and charter trains can—
(b) Policy review.—Amtrak shall review the policy changes since January 1, 2018, that have caused significant changes to the relationship between Amtrak and private car owners and charter train services and evaluate opportunities to strengthen these services, including by reinstating some access points and restoring flexibility to charter-train policies. For charter trains, private cars, and package express carried on regular Amtrak trains, consistent with sound business practice, Amtrak should recover direct costs plus a reasonable profit margin.
(a) In general.—Chapter 243 of title 49, United States Code, is further amended by adding at the end the following new section:
Ҥ 24325. Amtrak Office of Community Outreach
“(a) In general.—Not later than 180 days after the date of enactment of the TRAIN Act, Amtrak shall establish an Office of Community Outreach to engage with communities impacted by Amtrak operations.
“(b) Responsibilities.—The Office of Community Outreach shall be responsible for—
“(c) Report to Congress.—Not later than 1 year after the establishment of the Office of Community Outreach, and annually thereafter, Amtrak shall submit to the Committee on Transportation and Infrastructure in the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—
(b) Clerical amendment.—The analysis for chapter 243 of title 49, United States Code, is further amended by adding at the end the following:
“24325. Amtrak Office of Community Outreach.”.
Section 24905 of title 49, United States Code, is amended—
(3) in subsection (b)(3)(B)—
(A) in clause (i) by inserting “, including ridership trends,” before “along the Northeast Corridor”;
(4) in subsection (c)—
(A) by striking “(1) Development” and all that follows through “standardized policy” and inserting the following:
(B) in paragraph (1)—
(i) in subparagraph (B) by striking “a proposed timetable for implementing” and inserting “timetables for implementing and maintaining”;
(C) in paragraph (2)—
(i) by striking the first sentence and inserting “In accordance with the timetable developed in paragraph (1), Amtrak and commuter authorities on the Northeast Corridor shall implement the policy developed under paragraph (1) in agreements for usage of facilities or services.”;
(a) In general.—Section 24904 of title 49, United States Code, is amended—
(4) by inserting before subsection (b), as so redesignated, the following:
“(a) Strategic development plan.—
“(1) REQUIREMENT.—Not later than December 31, 2021, the Northeast Corridor Commission established under section 24905 (referred to in this section as the ‘Commission’) shall submit to Congress a strategic development plan that identifies key state-of-good-repair, capacity expansion, and capital improvement projects planned for the Northeast Corridor, to upgrade aging infrastructure and improve the reliability, capacity, connectivity, performance, and resiliency of passenger rail service on the Northeast Corridor.
“(2) CONTENTS.—The strategic development plan required under paragraph (1) shall—
“(C) provide a delivery-constrained strategy that identifies capital investment phasing, an evaluation of workforce needs, and strategies for managing resources and mitigating construction impacts on operations;
(5) in subsection (b) (as redesignated by paragraph (3))—
(A) by striking “Not later than” and all that follows through “shall” and inserting “Not later than November 1 of each year, the Commission shall”;
(B) in paragraph (1)(A) by striking “a capital investment plan” and inserting “an annual capital investment plan”;
(C) in paragraph (2)—
(iii) in subparagraph (C) by striking “first fiscal year after the date on which” and inserting “fiscal year during which”;
(iv) in subparagraph (D) by striking “identify, prioritize,” and all that follows through “and consider” and inserting “document the projects and programs being undertaken to achieve the service outcomes identified in the Northeast Corridor strategic development plan, once available, and the asset condition needs identified in the Northeast Corridor asset management plans and consider”; and
(6) in subsection (c) (as redesignated by paragraph (3)) by striking “may be spent only on” and all that follows through the end and inserting “may be spent only on capital projects and programs contained in the Commission’s capital investment plan from the previous year.”; and
(7) by striking subsections (d) and (e) and inserting the following:
“(d) Review and coordination.—The Commission shall gather information from Amtrak, the States in which the Northeast Corridor is located, and commuter rail authorities to support development of the capital investment plan. The Commission may specify a format and other criteria for the information submitted. Submissions to the plan from Amtrak, States in which the Northeast Corridor are located, and commuter rail authorities shall be provided to the Commission in a manner that allows for a reasonable period of review by, and coordination with, affected agencies.
“(e) Northeast corridor asset management.—
“(1) CONTENTS.—With regard to existing infrastructure, Amtrak and other infrastructure owners that provide or support intercity rail passenger transportation on the Northeast Corridor shall develop an asset management system, and use and update such system as necessary, to develop submissions to the Northeast Corridor capital investment plan described in subsection (b). Such system shall—
“(A) be consistent with the Federal Transit Administration process, as authorized under section 5326, when implemented; and
Section 22905 of title 49, United States Code, is amended—
(1) in subsection (c)(2)(B) by striking “that are equivalent to the protective arrangements established under section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)” and inserting “established by the Secretary under subsection (e)(1)”;
(3) by inserting after subsection (d) the following:
“(e) Equivalent employee protections.—
“(1) ESTABLISHMENT.—Not later than 90 days after the date of enactment of this subsection, the Administrator of the Federal Railroad Administration shall establish protective arrangements equivalent to those established under section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836), and require such protective arrangements to apply to employees described under subsection (c)(2)(B) and as required under subsection (j) of section 22907.
(a) In general.—Notwithstanding any other provision of law and not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall reinstate any cooperative agreement terminated after January 1, 2019 that was originally entered into under the heading “Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service” in the Department of Transportation Appropriations Act, 2010 (Public Law 111–117).
Section 28502 of title 49, United States Code, is amended to read as follows:
Ҥ 28502. Surface Transportation Board mediation of trackage use requests
“A rail carrier shall provide good faith consideration to a reasonable request from a provider of commuter rail passenger transportation for access to trackage and provision of related services. If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to use trackage of, and have related services provided by, the rail carrier for purposes of commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. In any case in which dispatching for the relevant trackage is controlled by a rail carrier other than the trackage owner, both shall be subject to the requirements of this section and included in the Board’s mediation process. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of the TRAIN Act”..”.
Section 28503 of title 49, United States Code, is amended to read as follows:
Ҥ 28503. Surface Transportation Board mediation of rights-of-way use requests
“A rail carrier shall provide good faith consideration to a reasonable request from a provider of commuter rail passenger transportation for access to rail right-of-way for the construction and operation of a segregated fixed guideway facility. If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility to provide commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. In any case in which dispatching for the relevant trackage is controlled by a rail carrier other than the right-of-way owner, both shall be subject to the requirements of this section and included in the Board’s mediation process. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of the TRAIN Act.”.
(a) One-year capital improvement plan.—
(1) IN GENERAL.—Not later than 90 days after the conclusion of the Surface Transportation Board proceeding in the petition by Amtrak for a proceeding pursuant to section 24903(c)(2) of title 49, United States Code (Docket No. FD 36332), Amtrak and Metra shall enter into an agreement for a one-year capital improvement plan for Chicago Union Station.
(b) Five-year capital improvement plan.—
(1) IN GENERAL.—Not later than 180 days after the date on which Amtrak and Metra enter into the agreement under subsection (a), Amtrak shall enter into an agreement with Metra for a five-year capital improvement plan for Chicago Union Station.
(c) Contents.—The capital improvement plans required under subsections (a) and (b) shall identify the projects that Amtrak and Metra agree to implement at Chicago Union Station within the timeframe of each such plan, including projects that improve—
(d) Annual progress report.—Not later than 1 year after the date on which Amtrak and Metra enter into an agreement required under subsection (b), and annually thereafter for 5 years, Amtrak and Metra shall jointly submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the progress Amtrak and Metra have made in implementing the plan required under subsection (b).
(a) Study.—The Secretary of Transportation shall seek to enter into an agreement with the National Academies to conduct a study and issue to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the safety impacts of freight trains longer than 7,500 feet.
(b) Contents.—The study conducted pursuant to subsection (a) shall include—
(1) an examination of any potential risks of the operation of such trains and recommendations on mitigation of such risks;
(2) among other safety factors with respect to such trains, an evaluation of—
(A) any increased risk of loss of communications between the end of train device and the locomotive cab, including communications over differing terrains and conditions;
(B) any increased risk of loss of communications between crewmembers, including communications over differing terrains and conditions;
(C) any increased risk of derailments, including risks associated with in-train compressive forces and slack action or other safety risks in the operations of such trains in differing terrains and conditions;
(c) Report.—Not later than 24 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.
(a) Study.—The Comptroller General of the United States shall study the impact on freight rail shippers, Amtrak, commuter railroads, railroad employees, and other affected parties of changes in freight railroad operating and scheduling practices as a result of the implementation of the precision scheduled railroading model.
(b) Contents.—At minimum, the study shall examine—
(c) Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the study and the results of such study, including recommendations for addressing any negative impacts of precision scheduled railroading on freight shippers or passenger railroads.
Section 20103(d) of title 49, United States Code, is amended to read as follows:
“(d) Nonemergency waivers.—
“(1) IN GENERAL.—The Secretary may waive compliance with any part of a regulation prescribed or order issued under this chapter if the waiver is in the public interest and consistent with railroad safety.
“(2) NOTICE REQUIRED.—The Secretary shall—
“(B) make the application for such waiver and any related underlying data available to interested parties;
(a) Initial notice.—Not later than 10 business days after the Federal Railroad Administration initiates a comprehensive safety assessment of an entity providing regularly scheduled intercity or commuter rail passenger transportation, the Federal Railroad Administration shall notify in electronic format the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and each member of Congress representing a State in which the service that is the subject of the assessment being conducted is located, of the initiation of such assessment.
(b) Findings.—Not later than 90 days after completion of a comprehensive safety assessment described in subsection (a), the Federal Railroad Administration shall transmit in electronic format to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and to each member of Congress representing a State in which the service that is the subject of the assessment being conducted is located, the findings of such assessment, including identified defects and any recommendations.
(c) Definition of comprehensive safety assessment.—In this section, the term “comprehensive safety assessment” means a focused review of the safety-related processes and procedures, compliance with safety regulations and requirements, and overall safety culture of an entity providing regularly scheduled intercity or commuter rail passenger transportation.
Section 20902 of title 49, United States Code, is amended—
(2) by adding at the end the following:
“(d) Gathering information and technical expertise.—
“(1) IN GENERAL.—The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate to, and how to—
(a) Federal railroad administration requirements.—Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall carry out the following:
(1) Complete a study on how signage can be used to improve safety in the rail industry that includes—
(2) Reevaluate seat securement mechanisms and the susceptibility of such mechanisms to inadvertent rotation, and identify a means to prevent the failure of such mechanisms to maintain seat securement.
(3) Conduct research to evaluate the causes of passenger injuries in passenger railcar derailments and overturns and evaluate potential methods for mitigating such injuries.
(b) Requirements for Amtrak.—Not later than 18 months after the date of enactment of this Act, Amtrak shall—
(1) ensure operating crewmembers demonstrate proficiency, under daylight and nighttime conditions, on the physical characteristics of a territory by using all resources available, including in-cab instruments, observation rides, throttle time, signage, signals, and landmarks;
(3) revise classroom and road training programs to ensure that operating crews fully understand all locomotive operating characteristics, alarms, and the appropriate response to abnormal conditions;
(4) when possible, require that all engineers undergo simulator training—
(5) ensure that simulator training specified in paragraph (4) supplements the hours engineers spend training on new equipment before becoming certified on such equipment and performing runs on new territory before becoming qualified on such territory;
(6) implement a formal, systematic approach to developing training and qualification programs to identify the most effective strategies for preparing crewmembers to safely operate new equipment on new territories;
(7) work in consultation with host railroad carriers and States that own infrastructure over which Amtrak operates to complete a comprehensive assessment of the territories to ensure that necessary wayside signs and plaques are identified, highly noticeable, and strategically located to provide operating crews the information needed to safely operate trains;
(8) update the safety review process to ensure that all operating documents are up to date and accurate before initiating new or revised revenue operations;
(c) Report.—Not later than 18 months after the date of enactment of this Act, the Secretary and Amtrak shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on their progress on meeting the requirements under subsections (a) and (b), respectively, including a description of all completed elements of the requirements.
Section 11406 of the FAST Act (Public Law 114–94) is amended—
(3) by inserting after subsection (c) the following:
“(d) Periodic reviews and updates.—Each railroad carrier that files an action plan under subsection (b) shall—
“(1) not later than 1 year after the date of enactment of the TRAIN Act, and annually thereafter, review such plan to ensure the effectiveness of actions taken to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under subsection (b)(1); and
(a) In general.—Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 20169. Freight train crew size safety standards
“(a) Minimum crew size.—No freight train may be operated unless such train has a crew of at least 1 appropriately qualified and certified conductor and 1 appropriately qualified and certified engineer.
“(b) Exceptions.—Except as provided in subsection (d), the prohibition in subsection (a) shall not apply in any of the following circumstances:
“(2) A train operated—
“(3) Locomotives performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including traveling to or from the location where assistance is provided.
“(c) Trains ineligible for exception.—The exceptions under subsection (b) may not be applied to—
“(1) a train transporting 1 or more loaded cars carrying material toxic by inhalation, as defined in section 171.8 of title 49, Code of Federal Regulations;
(b) Clerical amendment.—The analysis for subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following:
“20169. Freight train crew size safety standards.”.
(a) In general.—Section 416 title IV of division A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20107 note) is amended—
(b) Safety standards for certain rail crews.—
(1) IN GENERAL.—Title IV of division A of the Rail Safety Improvement Act of 2008 (Public Law 110–432) is amended by adding at the end the following:
“SEC. 421. Safety standards for certain rail crews.
“(a) In general.—The Secretary of Transportation may not permit covered rail employees to enter the United States to perform train or dispatching service unless the Secretary certifies that—
“(1) Mexico has adopted and is enforcing safety standards for covered rail employees that are equivalent to, or greater than, those applicable to railroad employees whose primary reporting point is in the United States, including qualification and certification requirements under parts 240 and 242 of title 49, Code of Federal Regulations;
“(2) covered rail employees are subject to the alcohol and drug testing requirements in part 219 of title 49, Code of Federal Regulations, including the requirements of subparts F, G, and H of such part, to the same extent as such requirements apply to railroad employees whose primary reporting point is in the United States and who are subject to such part;
“(3) covered rail employees are subject to hours of service requirements under section 21103 of title 49, United States Code, at all times any such employee is on duty, regardless of location;
“(4) covered rail employees are subject to the motor vehicle driving record evaluation requirements in section 240.115 of title 49, Code of Federal Regulations, to the same extent as such requirements apply to railroad employees whose primary reporting point is in the United States and are subject to such section, and that such evaluation includes driving records from the same country as the employee’s primary reporting point; and
“(b) Notice required.—
“(1) IN GENERAL.—Not later than 5 days after the date on which the Secretary certifies each of the requirements under paragraphs (1) through (5) of subsection (a), the Secretary shall publish in the Federal Register—
“(2) PUBLIC COMMENT.—To ensure compliance with the requirements of this section and any other applicable safety requirements, the Secretary shall—
“(3) CONGRESSIONAL NOTICE.—On the date on which each publication required under paragraph (1) is published in the Federal Register, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of such publication.
“(c) Drug and alcohol testing.—
“(1) NONAPPLICATION OF EXEMPTION.—For purposes of compliance with subsection (a)(2), the exemption contained in part 219.3(d)(2) of title 49, Code of Federal Regulations, shall not apply.
“(2) AUDIT BY OFFICE OF DRUG AND ALCOHOL COMPLIANCE.—To ensure compliance with the drug and alcohol testing programs described in subsection (a)(2), the Office of Drug and Alcohol Compliance in the Department of Transportation shall conduct an annual audit of such programs and recommend enforcement actions as needed.
(2) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the Rail Safety Improvement Act of 2008 (Public Law 110–432), is amended by inserting after the item relating to section 420 the following:
“Sec. 421. Safety standards for certain rail crews.”.
(a) Limitations on duty hours of yardmaster employees.—Section 21103 of title 49, United States Code, is amended—
(b) Definitions.—Section 21101 of title 49, United States Code, is amended—
(c) Conforming amendment.—The analysis for chapter 211 of title 49, United States Code, is amended by striking the item relating to section 21103 and inserting the following:
“21103. Limitations on duty hours of train employees and yardmaster employees.”.
(a) In general.—The Administrator of the Federal Railroad Administration shall take such actions as are necessary to ensure that no DB–60 air brake control valve manufactured before January 1, 2006, is equipped on a rail car operating on—
(b) Reports.—Not later than 1 year after the date of enactment of this Act, and every year thereafter until brake valves described in subsection (a) are no longer operating on rail cars as required under subsection (a), the Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that identifies—
(c) Additional valves.—If the Administrator determines that air brake control valves not covered under subsection (a) demonstrate leakage in low temperatures similar to the leakage exhibited by the air brake control valve identified in subsection (a), the Administrator shall ensure that the air brake control valves determined to be demonstrating leakage under this subsection are phased out in accordance with the requirements of subsection (a).
Section 20157 of title 49, United States Code, is amended by adding at the end the following:
“(m) Annual report of system failures.—Not later than April 16 of each calendar year following the date of an implementation deadline under subsection (a)(1), each railroad shall submit to the Secretary a report containing the number of positive train control system failures, separated by each major hardware category, that occurred during the previous calendar year.”.
(a) Sense of Congress.—It is the sense of Congress that—
(1) maintaining the highest level of safety across the nation’s railroad network is of critical importance;
(2) ensuring the safety of rail transportation requires the full attention of all workers engaged in safety-critical functions;
(3) fatigue degrades an individual’s ability to stay awake, alert, and attentive to the demands of safe job performance;
(4) the cognitive impairments to railroad workers that result from fatigue can cause dangerous situations that put workers and communities at risk;
(b) Pilot projects.—Section 21109(e) of title 49, United States Code, is amended—
(c) Reimbursement.—The Secretary of Transportation may reimburse railroads participating in the pilot projects under 21109(e) of title 49, United States Code, a share of the costs associated with the pilot projects, as determined by the Secretary.
(d) Report.—
(1) IN GENERAL.—If the pilot projects required under section 21109(e) of title 49, United States Code, have not commenced on the date that is 1 year after the date of enactment of this Act, the Secretary shall, not later than 1 year and 30 days after the date of enactment of this Act, transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—
(a) Amendment.—Subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
Ҥ 20170. Assault prevention and response plans
“(a) In general.—Not later than 180 days after the date of enactment of the TRAIN Act, any entity that provides regularly scheduled intercity or commuter rail passenger transportation shall submit to the Secretary of Transportation for review and approval an assault prevention and response plan (in this section referred to as the ‘Plan’) to address transportation assaults.
“(b) Contents of plan.—The Plan required under subsection (a) shall include—
“(1) procedures that—
“(A) facilitate the reporting of a transportation assault, including the notification of on-site personnel, rail law enforcement, and local law enforcement;
“(B) personnel should follow up on the reporting of a transportation assault, including actions to protect affected individuals from continued assault;
“(C) may be taken to remove the passenger or personnel who has committed a transportation assault from the train or related area or facility as soon as practicable when appropriate;
“(c) Notice to passengers.—An entity described under subsection (a) shall display onboard trains and in boarding areas, as appropriate, a notice stating the entity’s abilities to restrict future travel under subsection (b)(1)(E).
“(d) Personnel training.—An entity described under subsection (a) shall provide initial and annual training for all personnel on the contents of the Plan, including training regarding—
“(e) Personnel participation.—The Plan required under subsection (a) shall be developed and implemented with the direct participation of personnel, and, as applicable, labor organizations representing personnel.
“(f) Reporting.—
“(1) INCIDENT NOTIFICATION.—
“(A) IN GENERAL.—Not later than 10 days after a transportation assault incident, the applicable entity described in subsection (a) shall notify personnel employed at the location in which the incident occurred. In the case of an incident on a vehicle, such entity shall notify personnel regularly scheduled to carry out employment activities on the service route on which the incident occurred.
“(2) ANNUAL REPORT.—For each calendar year, each entity with respect to which a transportation assault incident has been reported during such year shall submit to the Secretary report that describes—
“(g) Definition of transportation assault.—In this section, the term ‘transportation assault’ means the occurrence, or reasonably suspected occurrence, of an act that—
(b) Conforming amendment.—The analysis for subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
“20170. Assault prevention and response plans.”.
The Secretary of Transportation shall issue such regulations as are necessary to amend part 272 of title 49, Code of Federal Regulations, to ensure that—
(a) In general.—The Administrator of the Federal Railroad Administration shall conduct a study on the feasibility of expanding railroad safety culture assessments and training to include assessments and training for workers employed by tourist railroads, passenger railroads, and commuter railroads.
(a) In general.—Subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
Ҥ 20171. Grade crossing separation grants
“(a) General authority.—The Secretary of Transportation shall make grants under this section to eligible entities to assist in financing the cost of highway-rail grade separation projects.
“(b) Application requirements.—To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, in such manner, and containing such information as the Secretary may require, including—
“(d) Project selection criteria.—
“(1) LARGE PROJECTS.—Of amounts made available to carry out this section, not more than 50 percent shall be available for projects with total costs of $100,000,000 or greater.
“(2) CONSIDERATIONS.—In awarding grants under this section, the Secretary—
“(B) may evaluate applications on the safety profile of the existing crossing, 10-year history of accidents at such crossing, inclusion of the proposed project on a grade crossing safety action plan, average automobile traffic, freight and passenger train traffic, average daily number of crossing closures, and proximity of community resources, including schools, hospitals, fire stations, police stations, and emergency medical service facilities.
“(e) Federal share of total project costs.—
“(1) TOTAL PROJECT COSTS.—The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analysis, and information on the expected use of equipment or facilities.
“(f) Grant conditions.—An eligible entity may not receive a grant for a project under this section unless such project is in compliance with section 22905, except that 22905(b) shall only apply to a person that conducts rail operations.
“(g) Two year letters of intent.—
“(1) IN GENERAL.—The Secretary shall, to the maximum extent practicable, issue a letter of intent to a recipient of a grant under subsection (d)(1) that—
“(h) Appropriations required.—An obligation or administrative commitment may be made under subsection (g) only after amounts are appropriated for such purpose.
(b) Clerical amendment.—The analysis for subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
“20171. Grade crossing separation grants.”.
(a) In general.—Subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
Ҥ 20172. Rail safety public awareness grants
“(a) Grant.—The Administrator of the Federal Railroad Administration shall make grants to eligible entities to carry out public information and education programs to help prevent and reduce rail-related pedestrian, motor vehicle, and other accidents, incidents, injuries, and fatalities, and to improve awareness along railroad rights-of-way and at railway-highway grade crossings.
“(b) Application.—To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator an application in such form, in such manner, and containing such information as the Secretary may require.
“(c) Contents.—Programs eligible for a grant under this section—
“(d) Coordination.—Eligible entities shall coordinate program activities with local communities, law enforcement and emergency responders, and rail carriers, as appropriate, and ensure consistency with State highway-rail grade crossing action plans required under section 11401(b) of the FAST Act (49 U.S.C. 22501 note) and the report titled ‘National Strategy to Prevent Trespassing on Railroad Property’ issued by the Federal Railroad Administration in October 2018.
“(e) Prioritization.—In awarding grants under this section, the Administrator shall give priority to applications for programs that—
(b) Clerical amendment.—The analysis for subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
“20172. Rail safety public awareness grants.”.
(a) In general.—Subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
Ҥ 20173. Time limit for blocking a rail crossing
“(a) Time limit.—A train, locomotive, railroad car, or other rail equipment is prohibited from blocking a crossing for more than 10 minutes, unless the train, locomotive, or other equipment is directly delayed by—
“(b) Civil penalty.—The Secretary of Transportation may issue civil penalties for violations of subsection (a) in accordance with section 21301.
“(c) Delegation.—The Secretary may delegate enforcement actions under subsection (b) to States either through a State inspector certified by the Federal Railroad Administration, or other law enforcement officials as designated by the States and approved by the Administration. The Secretary shall issue guidance or regulations not later than 1 year after the date of enactment on the criteria and process for States to gain approval under this section.
“(d) Application to Amtrak and commuter railroads.—This section shall not apply to Amtrak or commuter authorities, including Amtrak and commuter authorities’ operations run or dispatched by a Class I railroad.
(b) Clerical amendment.—The analysis for subchapter II of chapter 201 of title 49, United States Code, is further amended by adding at the end the following new item:
“20173. Time limit for blocking a rail crossing.”.
(a) In general.—Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on the website of the Department of Transportation, a report containing a national strategy to address blocked crossings.
(b) Public law 116–94.—The strategy required under subsection (a) shall incorporate the recommendations and briefing described in the report accompanying the Department of Transportation Appropriations Act, 2020 (Public Law 116–94) with respect to the amounts provided under the heading “Federal Railroad Administration—Safety and Operations”.
(c) Report contents.—The strategy required under subsection (a) shall include an analysis of the following topics, including any specific legislative or regulatory recommendations:
(1) How best to engage the public, representatives of labor organizations representing railroad employees, law enforcement officers, highway traffic officials, or other employees of a public agency acting in an official capacity to identify and address blocked crossings.
(2) How technology and positive train control system data can be used to identify and address instances of blocked crossings.
(3) How to identify and address instances of blocked crossings at crossings with passive or no warning devices.
(4) How best to use the data collected under a webpage established by the Secretary for the public and law enforcement to report instances of blocked crossings, including whether such data should be verified by each rail carrier or incorporated into the national crossing inventory established under section 20160 of title 49, United States Code.
(d) Updating strategy.—The Secretary shall evaluate the strategy developed under this section not less than every 5 years, and update it as needed.
Section 20152 of title 49, United States Code, is amended—
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall expend such sums as are necessary to conduct a comprehensive review of the national highway-rail crossing inventory of the Department of Transportation established under section 20160 of title 49, United States Code.
(b) Contents.—In conducting the review required under subsection (a), the Secretary shall—
(c) Report.—Not later than 30 days after the completion of the review required under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing corrections made to the inventory described in subsection (a) and the Secretary’s plans to ensure continued accuracy of such inventory.
(a) In general.—Not less than 180 days after the enactment of this Act, the Secretary of Transportation shall revise any regulations, guidance, or other relevant agency documents to count suicides on a railroad crossing or railroad right-of-way as trespassing deaths.
There are authorized to be appropriated out of the general fund of the Treasury, for the national scenic byways program under section 162 of title 23, United States Code—
Union Calendar No. 350 | |||||
| |||||
[Report No. 116–437] | |||||
A BILL | |||||
To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. | |||||
June 26, 2020 | |||||
Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |