(a) Short title.—This Act may be cited as the “Surface Transportation Advanced through Reform, Technology, and Efficient Review Act 2.0” or the “STARTER Act 2.0”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1.  Short title; table of contents.

(a) In general.—Except as otherwise provided in this Act, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2021, are incorporated by reference and shall continue in effect through September 30, 2026.

(b) Authorization of appropriations.—

(1) HIGHWAY TRUST FUND.—

(A) HIGHWAY ACCOUNT.—There is authorized to be appropriated from the Highway Account for each of fiscal years 2022 through 2026, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to 132 percent of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2021.

(B) MASS TRANSIT ACCOUNT.—There is authorized to be appropriated from the Mass Transit Account for each of fiscal years 2022 through 2026, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2021.

(2) GENERAL FUND.—There is authorized to be appropriated for each of fiscal years 2022 through 2026, for each program with respect to which amounts are authorized to be appropriated for fiscal year 2021 from an account other than the Highway Account or the Mass Transit Account under the titles specified in subsection (e)(1)(A), an amount equal to the amount authorized for appropriation with respect to the program under such titles for fiscal year 2021.

(c) Use of funds.—Subject to section 1004(b), amounts authorized to be appropriated for each of fiscal years 2022 through 2026 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2021 under the covered laws.

(d) Obligation limitation.—Subject to section 1004(d), a program for which amounts are authorized to be appropriated under subsection (b)(1) shall be subject to a limitation on obligations for each of fiscal years 2022 through 2026 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2021.

(e) Definitions.—In this section, the following definitions apply:

(1) COVERED LAWS.—The term “covered laws” means the following:

(A) Titles I, III, IV, V, and VI of division A of the FAST Act (Public Law 114–94).

(B) 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).

(C) Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244).

(D) Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59).

(E) Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century (Public Law 105–178).

(F) Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59).

(G) Title I, part A of title II, title III, title IV, title V, and title VI of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240).

(H) Title 23, United States Code.

(I) Subtitle IV of Title 40, United States Code.

(J) Sections 116, 117, 330, and 5505 and chapters 53, 303, 311, 313, 701, and 702 of title 49, United States Code.

(2) HIGHWAY ACCOUNT.—The term “Highway Account” means the portion of the Highway Trust Fund that is not the Mass Transit Account.

(3) 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.

(f) Disadvantaged business enterprises.—

(1) 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 5 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary 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 such Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.

(2) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, II, and III of this Act 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.

(3) 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 (2) in the State, including the location of the small business concerns in the State, and publish such list on a public website; and

(B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by—

(i) women;

(ii) socially and economically disadvantaged individuals (other than women); and

(iii) individuals who are women and are otherwise socially and economically disadvantaged individuals.

(4) UNIFORM CERTIFICATION.—

(A) IN GENERAL.—The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.

(B) INCLUSIONS.—The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—

(i) on-site visits;

(ii) personal interviews with personnel;

(iii) issuance or inspection of licenses;

(iv) analyses of stock ownership;

(v) listings of equipment;

(vi) analyses of bonding capacity;

(vii) listings of work completed;

(viii) examination of the resumes of principal owners;

(ix) analyses of financial capacity; and

(x) analyses of the type of work preferred.

(5) REPORTING.—The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary—

(A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and

(B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.

(6) 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, and III of this Act 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 (2) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (2) is unconstitutional.

Section 9503 of the Internal Revenue Code of 1986 is amended—

(a) by striking “October 1, 2021” in subsections (b)(6)(B), (c)(1), and (e)(3) and inserting “October 1, 2026”; and

(b) by striking “Continuing Appropriations Act, 2021 and Other Extensions Act” in subsections (c)(1) and (e)(3) and inserting “STARTER Act 2.0”.

(a) In general.—

(1) Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking “September 30, 2022” and inserting “September 30, 2026”:

(A) Section 4041(a)(1)(C)(iii)(I).

(B) Section 4041(m)(1)(B).

(C) Section 4081(d)(1).

(2) Each of the following provisions of such Code is amended by striking “October 1, 2022” and inserting “October 1, 2026”:

(A) Section 4041(m)(1)(A).

(B) Section 4051(c).

(C) Section 4071(d).

(D) Section 4081(d)(3).

(b) Extension of tax, etc., on use of certain heavy vehicles.—Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking “2023” each place it appears and inserting “2026”:

(1) Section 4481(f).

(2) Subsections (c)(4) and (d) of section 4482.

(c) Floor stocks refunds.—Section 6412(a)(1) of the Internal Revenue Code of 1986 is amended—

(1) by striking “October 1, 2022” each place it appears and inserting “October 1, 2026”;

(2) by striking “March 31, 2023” each place it appears and inserting “March 31, 2026”; and

(3) by striking “January 1, 2023” and inserting “January 1, 2026”.

(d) Extension of certain exemptions.—

(1) Section 4221(a) of the Internal Revenue Code of 1986 is amended by striking “October 1, 2022” and inserting “October 1, 2026”.

(2) Section 4483(i) of such Code is amended by striking “October 1, 2023” and inserting “October 1, 2026”.

(e) Extension of transfers of certain taxes.—

(1) IN GENERAL.—Section 9503 of the Internal Revenue Code of 1986 is amended—

(A) in subsection (b)—

(i) by striking “October 1, 2022” each place it appears in paragraphs (1) and (2) and inserting “October 1, 2026”;

(ii) by striking “October 1, 2022” in the heading of paragraph (2) and inserting “October 1, 2026”;

(iii) by striking “September 30, 2022” in paragraph (2) and inserting “September 30, 2026”; and

(iv) by striking “July 1, 2023” in paragraph (2) and inserting “July 1, 2026”; and

(B) in subsection (c)(2), by striking “July 1, 2023” and inserting “July 1, 2026”.

(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS.—

(A) IN GENERAL.—Paragraphs (3)(A)(i) and (4)(A) of section 9503(c) of such Code are each amended by striking “October 1, 2022” and inserting “October 1, 2026”.

(B) CONFORMING AMENDMENTS TO LAND AND WATER CONSERVATION FUND.—Section 200310 of title 54, United States Code, is amended—

(i) by striking “October 1, 2023” each place it appears and inserting “October 1, 2026”; and

(ii) by striking “October 1, 2022” and inserting “October 1, 2026”.

(f) Effective date.—The amendments made by this section shall take effect on October 1, 2021.

(a) In general.—Notwithstanding any other provision of law, for each of fiscal years 2022 through 2026, any excess amount authorized to be appropriated from the Highway Account or the Mass Transit Account shall be distributed as described in subsection (b).

(b) Adjustment to core account programs.—For each fiscal year in which an excess amount as described in subsection (a) is authorized to be appropriated from the Highway Account or the Mass Transit Account, the Secretary shall—

(1) under section 1001 of this Act make available for core account programs authorized from such account an amount equal to the amount authorized for such programs for fiscal year 2021;

(2) under this section, make available an additional amount for such programs equal to the excess amount authorized to be appropriated as described in subsection (a); and

(3) distribute the additional amount under paragraph (2) to each of such core account programs in accordance with subsection (c).

(c) Distribution of adjustment among core account programs.—

(1) IN GENERAL.—In making an adjustment for core account programs authorized from the Highway Account or the Mass Transit Account for a fiscal year under subsection (b), the Secretary shall—

(A) determine the ratio that—

(i) the amount authorized to be appropriated for a core account program from the account for fiscal year 2021; bears to

(ii) the total amount authorized to be appropriated for such fiscal year for all core account programs under such account;

(B) multiply the ratio determined under subparagraph (A) by the amount of the adjustment under subsection (b)(2); and

(C) adjust the amount that the Secretary would otherwise have allocated for the core account program for the fiscal year by the amount calculated under subparagraph (B).

(2) FORMULA PROGRAMS.—

(A) IN GENERAL.—Subject to subparagraph (B), for a program for which funds are distributed by formula, the Secretary shall add the adjustment to the amount authorized for the program but for this section and make available the adjusted program amount for such program in accordance with such formula.

(B) EXCEPTION.—In making the adjustment under subparagraph (A), the Secretary shall exclude subsections (b)(4), (b)(5)(D), and (b)(6) of section 104 of title 23, United States Code, from the formula calculations.

(3) AVAILABILITY FOR OBLIGATION.—Adjusted amounts under this subsection shall be available for obligation and administered in the same manner as other amounts made available for the program for which the amount is adjusted.

(4) SPECIAL RULE.—

(A) ADJUSTMENT.—In making an adjustment under subsection (c)(1) for an allocation, reservation, or set-aside from an amount authorized from the Highway Account or Mass Transit Account referred to in subparagraph (B), the Secretary shall—

(i) determine the ratio that—

(I) the amount authorized to be appropriated for the allocation, reservation, or set-aside from the account for fiscal year 2021; bears to

(II) the total amount authorized to be appropriated for such fiscal year for all core account programs under such account;

(ii) multiply the ratio determined under clause (i) by the amount of the adjustment determined under subsection (b)(2); and

(iii) adjust the amount that the Secretary would have allocated for the allocation, reservation, or set-aside for the fiscal year but for this section by the amount calculated under clause (ii).

(B) ALLOCATIONS, RESERVATIONS, AND SET-ASIDES.—The allocations, reservations, and set-asides referred to in subparagraph (A) are—

(i) the amount reserved for a fiscal year under section 133(h)(1)(A);

(ii) the amount set aside for a fiscal year for the National Highway Freight Program under section 104(b)(5);

(iii) supplemental funds reserved for a fiscal year for the National Highway Performance Program under section 104(h)(1); and

(iv) supplemental funds reserved for a fiscal year for the surface transportation block grant program under section 104(h)(2).

(d) Revision to obligation limitations.—If the Secretary makes an adjustment under subsection (b) for a fiscal year to an amount subject to a limitation on obligations imposed by any other provision of law—

(1) such limitation on obligations for such fiscal year shall be revised by an amount equal to such adjustment; and

(2) the Secretary shall distribute such limitation on obligations, as revised under paragraph (1), in accordance with such provisions.

(e) Definitions.—In this section, 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 Mass Transit Account of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986.

(3) CORE ACCOUNT PROGRAMS.—The term “core account programs” means—

(A) the National Highway Performance Program under section 119 of title 23, United States Code;

(B) the Surface Transportation Block Grant Program under section 133 of title 23, United States Code;

(C) the Highway Safety Improvement Program under section 148 of title 23, United States Code;

(D) the National Highway Freight Program under section 167 of title 23, United States Code; and

(E) the Formula Grants for Rural Areas Program under section 5311 of title 49, United States Code.

(4) EXCESS AMOUNT.—The term “excess amount” means—

(A) the amount authorized to be appropriated for a fiscal year from the Highway Account or the Mass Transit Account; minus

(B) the amount authorized to be appropriated for fiscal year 2021 from such account.

Section 142(m)(2)(A) of the Internal Revenue Code of 1986 is amended by striking “$15,000,000,000” and inserting “$45,000,000,000”.

This Act and the amendments made by this Act shall take effect on October 1, 2021.

There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the nationally significant freight and highway projects program under section 117 of title 23, United States Code, such sums as may be necessary for each of fiscal years 2022 through 2026.

(a) In general.—Chapter 55 of title 49, United States Code, is amended by inserting after section 5502 the following:

(b) Clerical amendment.—The analysis for chapter 55 of title 49, United States Code, is amended by inserting after section 5502 the following:

“5503. BUILD grant program”.

There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the national highway freight program under section 167 of title 23, United States Code, such sums as may be necessary for each of fiscal years 2022 through 2026.

(a) Parking for commercial vehicles.—Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by adding after the item relating to section 171 the following:

“171. Truck parking safety improvement.”.

Notwithstanding any other provision of law, the Federal share of the cost of a project under title 23, United States Code, for which amounts are made available during fiscal year 2022 and 2023 may be up to 100 percent, at the discretion of the Secretary of Transportation.

(a) In general.—Chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

“172. Consolidated funding program.”.

(a) Large bridges investment program.—

(1) ESTABLISHMENT.—The Secretary of Transportation shall establish a competitive grant program (referred to in this subsection as the “Program”) to award grants to eligible entities for highway bridge replacement and rehabilitation projects.

(2) ELIGIBLE ENTITIES.—

(A) IN GENERAL.—The Secretary may make a grant under the Program to—

(i) a State or a group of States; or

(ii) a Federal land management agency.

(B) APPLICATIONS.—To be eligible for a grant under the Program, an entity specified in subparagraph (A) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate.

(3) ELIGIBLE PROJECTS.—The Secretary may award a grant under the Program only for a highway bridge replacement or rehabilitation project that is—

(A) for a large bridge that does not cross an international border; and

(B) carried out on—

(i) the National Highway System; or

(ii) the National Highway Freight Network established under section 167 of title 23, United States Code.

(4) ELIGIBLE PROJECT COSTS.—A grant received for a project under this subsection may be used for—

(A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and

(B) replacement, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, and operational improvements directly related to implementing electronic tolling.

(5) SELECTION CRITERIA.—In selecting eligible projects to receive grants under the Program, the Secretary shall consider the extent to which a project, relative to other projects submitted in response to a Notice of Funding Opportunity—

(A) serves a significant number of users;

(B) utilizes non-Federal contributions;

(C) utilizes nontraditional financing, innovative design and construction techniques, or innovative technologies;

(D) spans at least 1 border between 2 States;

(E) rehabilitates or replaces a large bridge that—

(i) is classified as in poor condition;

(ii) is load posted; or

(iii) does not meet current geometric design standards;

(F) will improve resiliency; and

(G) facilitates transfer of bridge ownership from the Federal government to a non-Federal entity.

(6) ELECTRONIC TOLLING.—Any toll facility located on a bridge receiving a grant under this subsection shall, upon completion of the project funded with such grant—

(A) utilize only electronic toll collection; and

(B) implement technologies or business practices that provide for the regional interoperability of electronic toll collection programs, to the extent practicable.

(7) FEDERAL SHARE.—

(A) IN GENERAL.—A grant under the Program shall not exceed 50 percent of the cost of a project. Subject to the limitation in subparagraph (B), Federal assistance other than a grant under the Program may be used for the remainder of the cost of the project.

(B) MAXIMUM FEDERAL INVOLVEMENT.—The total Federal assistance provided for a project receiving a grant under the Program shall not exceed 80 percent of the cost of a project.

(C) FEDERAL LAND MANAGEMENT AGENCIES.—Notwithstanding any other provision of law, any Federal funds other than those made available under title 23 or title 49, United States Code, may be used to pay the non-Federal share of the cost of a project carried out by a Federal land management agency with a grant under the Program.

(8) APPROPRIATIONS.—

(A) IN GENERAL.—Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $4,600,000,000 for each of fiscal years 2022 through 2026. Such funds shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are transferred by the Secretary of the Treasury.

(B) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.

(9) ADMINISTRATIVE EXPENSES.—The Secretary may use not more than 2 percent of the amounts made available for the Program for each fiscal year to pay the administrative expenses of the Program.

(10) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds made available under paragraph (8) shall be administered as if apportioned under chapter I of title 23, United States Code.

(11) DEFINITIONS.—In this subsection, the following definitions apply:

(A) LARGE BRIDGE.—The term “large bridge” means a bridge—

(i) with total deck area of 400,000 square feet or more; or

(ii) with a main span of 500 feet or more.

(B) STATE.—The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico.

(b) Community rural bridge program.—

(1) ESTABLISHMENT.—The Secretary of Transportation shall establish a community rural bridge program (referred to in this subsection as the “Program”) to provide funding to States for off-system bridge replacement and rehabilitation.

(2) PURPOSES.—The purposes of the Program are to provide immediate funding to help—

(A) replace and rehabilitate off-system bridges, many of which provide vital connections to rural communities;

(B) reduce risk, by bringing these bridges into a state of good repair; and

(C) facilitate the transfer of bridge ownership from the Federal government to non-Federal entities.

(3) DISTRIBUTION OF FUNDS.—

(A) IN GENERAL.—The Secretary of Transportation shall distribute funds made available to carry out the Program for each fiscal year as follows:

(i) One-half of the funds made available for each fiscal year shall be distributed to each State by the proportion that the total deck area of off-system bridges in each State bears to the total deck area of off-system bridges in all States.

(ii) One-half of the funds made available for each fiscal year shall be distributed to each State by the proportion that the total deck area of off-system bridges classified as in poor condition in each State bears to the total deck area of off-system bridges classified as in poor condition in all States.

(B) DECK AREA CALCULATION.—In distributing funds under this paragraph, the Secretary shall calculate the total deck area of off-system bridges and total area of off-system bridges classified as in poor condition based on the National Bridge Inventory as of the end of the preceding calendar year.

(4) ELIGIBLE PROJECTS.—Funds apportioned under paragraph (3) shall only be used by a State for projects that—

(A) replace or rehabilitate off-system bridges; and

(B) are bundled as one project with at least 1 other similar bridge project.

(5) ELIGIBLE PROJECT COSTS.—Funds apportioned under this subsection may be used for—

(A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and

(B) replacement, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, and construction contingencies.

(6) APPROPRIATIONS.—

(A) IN GENERAL.—Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $6,000,000,000 for each of fiscal years 2022 and 2023. Such funds shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are transferred by the Secretary of the Treasury.

(B) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.

(7) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds made available under paragraph (6) shall be administered as if apportioned under chapter 1 of title 23, United States Code.

(8) DEFINITIONS.—In this subsection, the following definitions apply:

(A) OFF-SYSTEM BRIDGE.—The term “off-system bridge” means a highway bridge located on a public road, other than a bridge on a Federal-aid highway.

(B) STATE.—The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico.

Section 144(j) of title 23, United States Code is amended—

(1) by striking paragraph (5); and

(2) by redesignating paragraph (6) as paragraph (5).

Section 133(f) of title 23, United States Code, is amended—

(1) by striking paragraph (1) and inserting the following:

“(1) DEFINITIONS.—In this subsection, the following definitions apply:

“(A) OFF-SYSTEM BRIDGE.—The term ‘off-system bridge’ means a highway bridge located on a public road, other than a bridge on a Federal-aid highway.

“(B) OFF-SYSTEM LOW WATER CROSSING.—The term ‘off­system low water crossing’ means a low water crossing (as defined by the Secretary) located on a public road, other than a low water crossing on a Federal-aid highway.”;

(2) in paragraph (2), by striking subparagraph (A) and inserting the following:

“(A) SET-ASIDE.—

“(i) IN GENERAL.—Of the amounts apportioned to a State for fiscal year 2013 and each fiscal year thereafter under this section, the State shall obligate for activities described in clause (ii) an amount that is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for fiscal year 2009, except that amounts allocated under subsection (d) shall not be obligated to carry out this subsection.

“(ii) ACTIVITIES DESCRIBED.—The activities referred to in clause (i) are—

“(I) replacement, rehabilitation, preservation, protection, or inspection and evaluation of off-system bridges; and

“(II) replacement of an off-system low water crossing with a bridge.”; and

(3) in paragraph (3), in the matter preceding subparagraph (A)—

(A) by striking “replacement of a bridge or rehabilitation of a bridge” and inserting “replacement of a bridge, rehabilitation of a bridge, or replacement of a low water crossing with a bridge,”;

(B) by inserting “and” after “is noncontroversial,”; and

(C) by striking“ and is determined by the Secretary upon completion to be no longer a deficient bridge”.

Section 102 of title 49, United States Code, is amended—

(1) by redesignating subsection (h) as subsection (j); and

(2) by inserting after subsection (g) the following:

“(h) Rural Opportunities to Use Transportation For Economic Success Council.—

“(1) DEFINITIONS.—In this subsection:

“(A) COUNCIL.—The term ‘Council’ means the Rural Opportunities to Use Transportation for Economic Success Council.

“(B) OFFICE.—The term ‘Office’ means the Office of Rural Economic Investment.

“(2) ESTABLISHMENT.—There is established in the Department of Transportation an internal council to be known as the Rural Opportunities to Use Transportation for Economic Success Council or the ROUTES Council.

“(3) DUTIES.—The Council shall carry out the following duties:

“(A) Coordinate rural-related funding programs and assistance among the modal administrations of the Department.

“(B) Educate rural communities about applicable Department discretionary grants, develop effective methods to evaluate rural projects in discretionary grant programs, and communicate such methods through program guidance.

“(C) Collect input from knowledgeable entities and the public on the benefits of rural transportation projects, the technical and financial assistance required for constructing and operating rural transportation infrastructure and services, and barriers and opportunities to funding these rural projects.

“(D) Evaluate data on rural transportation challenges and determine methods to align the Department’s discretionary funding and financing opportunities with the needs of rural communities for meeting national transportation goals.

“(4) MEMBERSHIP.—The Council shall consist of the following members of the Department or their designees:

“(A) The Under Secretary of Transportation for Policy, who shall serve as the Chair of the Council.

“(B) The General Counsel.

“(C) The Chief Financial Officer and Assistant Secretary for Budget and Programs.

“(D) The Assistant Secretary for Research and Technology.

“(E) The Administrators of the—

“(i) Federal Aviation Administration;

“(ii) Federal Highway Administration;

“(iii) Federal Railroad Administration;

“(iv) Federal Transit Administration; and

“(v) Maritime Administration.

“(F) Other members the Secretary may designate.

“(5) COUNCIL MEETINGS.—The Council shall meet at least bimonthly.

“(6) REPORT TO CONGRESS.—The Council shall submit annually a report on the safety, condition, and usage of rural transportation infrastructure in the United States to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate.

“(7) OFFICE OF RURAL ECONOMIC INVESTMENT.—

“(A) IN GENERAL.—There is established in the Department an Office of Rural Economic Investment, which shall report to the Under Secretary of Transportation for Policy. The Secretary shall appoint a Director of the Office of Rural Economic Investment.

“(B) MISSION AND GOALS.—The mission and goals of the Office shall be to coordinate with other offices and agencies within the Department and with other Federal agencies—

“(i) to ensure that the unique needs and attributes of rural transportation, involving all modes, are fully addressed during the development and implementation of transportation policies, programs, and activities within the Department;

“(ii) to improve coordination of Federal transportation policies, programs, and activities within the Department in a manner that expands economic development in rural communities and regions, and to provide recommendations for improvement;

“(iii) to improve Federal transportation infrastructure investment in rural communities, including by providing recommendations for changes in formula funds or other existing funding distribution patterns;

“(iv) to use innovation and research to resolve local and regional transportation challenges faced by rural communities;

“(v) to promote and improve planning and coordination among rural areas to maximize the unique competitive advantage in those areas while avoiding duplicative Federal, State, and local investments; and

“(vi) to ensure that all rural communities lacking resources receive proactive outreach, education, and technical assistance to improve access to Federal transportation programs.

“(C) DUTIES OF THE OFFICE.—The Director of the Office shall—

“(i) support the Council and the activities of the Council;

“(ii) provide information and outreach to rural communities concerning the availability and eligibility requirements of participating in programs of the Department;

“(iii) help rural communities identify transportation investments needed to ensure continued economic growth;

“(iv) serve as a resource for assisting rural communities with respect to Federal transportation programs;

“(v) ensure and coordinate a routine rural consultation on the development of policies, programs, and activities of the Department;

“(vi) serve as an advocate within the Department on behalf of rural communities; and

“(vii) work in consultation with the Secretary of Agriculture, the Secretary of Health and Human Services, the Secretary of Commerce, the Federal Communications Commission, and other Federal agencies, as the Secretary determines to be appropriate, in carrying out the responsibilities of the Office.

“(D) APPLICABILITY.—In carrying out the mission and goals of the Office under subparagraph (B) and the duties of the Office under subparagraph (A), the Director shall consider as ‘rural’ any area considered to be a rural area under any Federal transportation program of the Department.

“(i) Nontraditional and emerging transportation technology council.—

“(1) ESTABLISHMENT.—There is established in the Department of Transportation an internal council to be known as the Nontraditional and Emerging Transportation Technology Council or the NETT Council.

“(2) MISSION.—The mission of the Council shall be to identify and resolve jurisdictional and regulatory gaps that impede innovation in, and implementation of, nontraditional and emerging transportation technologies, approaches, and projects that seek to improve safety, alleviate congestion, expand access and mobility for rural and urban consumers of all economic backgrounds, and enable a more efficient flow of commercial goods.

“(3) DUTIES.—The NETT Council shall identify and resolve jurisdictional and regulatory gaps associated with nontraditional and emerging transportation projects pending before the Department, including with respect to—

“(A) safety oversight;

“(B) environmental review; and

“(C) funding and financing issues.

“(4) MEMBERSHIP.—The membership of the NETT Council shall include—

“(A) the Under Secretary of Transportation for Policy, who shall serve as the Chair of the Council;

“(B) Administrators or designees of the operating Administrations of the Department; and

“(C) other members the Secretary may designate, to include heads of offices within the Office of the Secretary of Transportation.

“(5) COUNCIL MEETINGS.—The Council shall hold meetings as needed at the Secretary’s discretion.”.

Section 139 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (3)(B) by striking “process for and completion of any environmental permit” and inserting “process and schedule, including a timetable for and completion of any environmental permit”;

(B) By redesignating paragraphs (5) through (8) as paragraphs (9) through (11);

(C) by redesignating paragraphs (2) through (4) as paragraphs (4) through (6);

(D) by inserting after paragraph (1) the following:

“(2) AUTHORIZATION.—The term ‘authorization’ means an environmental license, permit, approval, finding, or other administrative decision related to an environmental review process that is required under Federal law to site, construct, or reconstruct a project.

“(3) ENVIRONMENTAL DOCUMENT.—The term ‘environmental document’ means an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”; and

(E) by inserting after paragraph (6), as redesignated, the following:

“(7) MAJOR PROJECT.—The term ‘major project’ means a project for which—

“(A) multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

“(B) the project sponsor has identified the reasonable availability of funds sufficient to complete the project;

“(C) the project is not a covered project, as such term is defined in section 41001 of the FAST Act (42 U.S.C. 4370m); and

“(D) the head of the lead agency has determined that—

“(i) an environmental impact statement is required; or

“(ii) an environmental assessment is required, and the project sponsor requests that the project be treated as a major project.”.

(2) in subsection (b)(1)—

(A) by inserting “, including major projects,” after “all projects”; and

(B) by inserting “, at the request of a project sponsor” after “be applied”;

(3) in subsection (c)—

(A) in paragraph (6)—

(i) in subparagraph (B) by striking “and” at the end;

(ii) in subparagraph (C) by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

“(D) to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year.”; and

(B) by adding at the end the following:

“(7) PROCESS IMPROVEMENTS FOR PROJECTS.—

“(A) IN GENERAL.—The Secretary shall review existing practices, procedures, programmatic agreements, and applicable laws to identify potential changes that would facilitate an efficient environmental review process for projects.

“(B) CONSULTATION.—In conducting the review required by subparagraph (A), the Secretary shall consult, as appropriate, with the heads of other Federal agencies that participate in the environmental review process.

“(C) REPORT.—Not later than 2 years after the date of enactment of the STARTER Act 2.0, 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 includes—

“(i) the results of the review required by subparagraph (A); and

“(ii) an analysis of whether additional resources would help the Secretary meet the requirements applicable to the projects under this section.”;

(4) in subsection (d)—

(A) in paragraph (8)—

(i) in the heading, by striking “NEPA” and inserting “Environmental”;

(ii) by amending subparagraph (A) to read as follows:

“(A) IN GENERAL.—Except as inconsistent with paragraph (7), and except as provided in subparagraph (D), to the maximum extent practicable and consistent with Federal law, all Federal authorizations and reviews for a project shall rely on a single environmental document for each type of environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the leadership of the lead agency.”; and

(iii) by adding at the end the following:

“(D) EXCEPTION.—The lead agency may waive the application of subparagraph (A) with respect to a project if—

“(i) the project sponsor requests that agencies issue separate environmental documents;

“(ii) the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already been satisfied with respect to such project; or

“(iii) the lead agency determines that such application would not facilitate completion of the environmental review process for such project within the timeline established under paragraph (10).”; and

(B) by adding at the end the following:

“(10) TIMELY AUTHORIZATIONS FOR MAJOR PROJECTS.—

“(A) DEADLINE.—Except as provided in subparagraph (C), notwithstanding any other provision of law, all authorization decisions necessary for the construction of a major project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the major project.

“(B) REQUIRED LEVEL OF DETAIL.—The final environmental impact statement for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies in the environmental review process.

“(C) EXTENSION OF DEADLINE.—Not later than 180 days after the date of enactment of the STARTER Act 2.0, the Secretary shall establish procedures for a lead agency to extend a deadline under subparagraph (A) in cases in which—

“(i) Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in such subparagraph;

“(ii) such an extension is requested by the project sponsor; or

“(iii) such extension would facilitate the completion of the environmental review and authorization process of the major project.”;

(5) in subsection (g)—

(A) in paragraph (1)(B)—

(i) by amending clause (ii)(IV) to read as follows:

“(IV) the overall time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of the project;”; and

(ii) by adding at the end the following:

“(iii) MAJOR PROJECT SCHEDULE.—To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in consultation with the project sponsor, a schedule for the major project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major projects. The time period measured, as applicable—

“(I) in the case of a project that requires an environmental impact statement, begins on the date of publication of a notice of intent to prepare an environmental impact statement and ends on the date of publication of a record of decision; or

“(II) in the case of a project which does not require an environmental impact statement, begins on the date of that the decision is made to prepare an environmental assessment and ends on the date of issuance of a finding of no significant impact.”;

(B) by redesignating subparagraph (E) as subparagraph (F); and

(C) by inserting after subparagraph (D) the following:

“(E) FAILURE TO MEET DEADLINE.—If a Federal cooperating agency fails to meet a deadline established under subparagraph (D)(ii)(I)—

“(i) not later than 30 days after the date such agency failed to meet such deadline, such agency shall submit to the Secretary a report on why the deadline was not met; and

“(ii) not later than 30 days after the date on which a report is submitted under clause (i), the Secretary shall—

“(I) transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of such report; and

“(II) make such report available to the public on the website of such agency.”; and

(6) By adding at the end the following:

(a) Amendments.—Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended—

(1) in section 102(2)(C), by inserting “subject to section 106,” before “include”; and

(2) by adding at the end the following:

(b) Regulatory changes.—

(1) CONTROVERSY AS A FACTOR IN DETERMINING SIGNIFICANCE.—The Council on Environmental Quality shall, not later than 90 days after the date of enactment of this Act, issue regulations to remove consideration of the level of controversy with respect to a determination regarding whether a proposed Federal action is significant as such term is used in section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

(2) ALTERNATIVES OUTSIDE OF AGENCY JURISDICTION.—The Council on Environmental Quality shall, not later than 120 days after the date of enactment of this Act, issue regulations to remove any requirement that a lead agency consider alternatives not within the jurisdiction of such agency unless such consideration is necessary for agency decision-making under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

(a) In general.—Section 304 of title 49, United States Code, is amended—

(1) in the section heading by striking “multimodal” and inserting “transportation”;

(2) in subsection (a)—

(A) in paragraph (1)—

(i) by striking “Department of Transportation operating administration or secretarial office” and inserting “Federal agency”;

(ii) by striking “lead authority” and inserting “lead agency”; and

(iii) by striking “multimodal”;

(B) by amending paragraph (2) to read as follows:

“(2) LEAD AGENCY.—The term ‘lead agency’ means a Federal agency, or State agency that has been delegated authority under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), that has the lead responsibility for compliance with such Act with respect to a proposed project.”; and

(C) by amending paragraph (3) to read as follows:

“(3) PROJECT.—The term ‘project’ has the meaning given such term in section 139(a) of title 23.”;

(3) in subsection (b) by striking “multimodal”;

(4) in subsection (c)—

(A) in the heading by striking “multimodal”;

(B) by striking “multimodal project, a lead authority” and inserting “project, a lead agency”;

(C) by striking “procedures of a cooperating authority for a proposed multimodal project” and inserting “procedures of any other Federal agency for a proposed project”;

(D) in paragraph (1)—

(i) by striking “lead authority makes a determination, with the concurrence of the cooperating authority” and inserting “the Federal agency proposing to apply the categorical exclusion makes a determination, after consultation with the other Federal agencies”;

(ii) in subparagraph (A) by striking “multimodal”; and

(iii) in subparagraph (B) by striking the semicolon and inserting “; and”;

(E) in paragraph (2)—

(i) by striking “lead authority” and inserting “lead agency proposing to apply the categorical exclusion”; and

(ii) by striking “of the cooperating authority or procedures under that Act; and” and inserting “or procedures of the other Federal agency under that Act.”; and

(F) by striking paragraph (3); and

(5) in subsection (d) by striking “multimodal”.

(b) Clerical amendment.—The analysis for chapter 3 of title 49, United States Code, is amended by striking the item relating to section 304 and inserting the following:

“304. Application of categorical exclusions for transportation projects.”.

(a) Separating requirements applicable to projects.—Section 176(c)(2) of the Clean Air Act (42 U.S.C. 7506(c)(2)) is amended—

(1) by striking “(2) Any transportation” and inserting “(2)(A) Any transportation”;

(2) by striking “any transportation plan, program or project unless such plan, program or project” and inserting “any transportation plan or program unless such plan or program”;

(3) by striking “(A) no transportation” and inserting “(i) no transportation”;

(4) by striking “(B) no metropolitan” and inserting “(ii) no metropolitan”;

(5) by striking “(C) a transportation project may be adopted or approved by a metropolitan planning organization or any recipient of funds designated under title 23, United States Code, chapter 53 of title 49, United States Code, or found in conformity by a metropolitan planning organization or approved, accepted, or funded by the Department of Transportation only if it meets either the requirements of subparagraph (D)” and inserting the following:

“(B) Except as provided in this section, no Federal agency may approve, accept, or fund any transportation project unless such project has been found to conform to any applicable implementation plan in effect under this Act. A transportation project may be found in conformity by the Department of Transportation only if it meets either the requirements of subparagraph (C)”;

(6) by adjusting the margins of clauses (i), (ii), and (iii) of subparagraph (B), as redesignated, 2 ems to the left; and

(7) by striking “(D) Any project not referred to in subparagraph (C)” and inserting the following:

“(C) Any project not referred to in subparagraph (B)”.

(b) Conformity determinations prior to construction of transportation projects.—Paragraph (2) of section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)), as amended by subsection (a), is further amended by adding at the end the following new subparagraph:

“(F) The conformity determinations required by this section with respect to transportation projects shall be coordinated with the transportation planning process under sections 134 and 135 of title 23, United States Code, and with the environmental review process required under the National Environmental Policy Act of 1969 and other applicable laws, in accordance with the following requirements:

“(i) The Secretary of Transportation shall make its conformity determination for a transportation project prior to initiation of construction of the project.

“(ii) The Secretary of Transportation shall include the transportation project in the plan or program developed pursuant to title 23 or chapter 53 of title 49, United States Code, as applicable, before the Secretary of Transportation makes a conformity determination for the project.

“(iii) The Secretary of Transportation shall—

“(I) ensure that any environmental document prepared for the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4332 et seq.) discloses the need for a transportation conformity determination and evaluates consistency with conformity requirements; and

“(II) condition any approval issued by the Secretary in the environmental review process on satisfying conformity requirements prior to construction.”.

(c) Technical correction to margins.—The margins of paragraphs (5) through (10) of section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) are amended by moving such margins 2 ems to the left.

(d) Applicability.—Section 176(c)(5) of the Clean Air Act (42 U.S.C. 7506(c)(5)), as amended by subsection (c), is further amended—

(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

(2) by striking “(5) Applicability.—This subsection” and inserting “(5) Applicability.—(A) This subsection”; and

(3) by adding at the end the following new subparagraph:

“(B) If a new national ambient air quality standard is promulgated for an air pollutant under section 109, the requirements of this section apply only with respect to most recently promulgated standard.”.

(e) Programmatic conformity determinations.—Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)), as amended, is amended by adding at the end the following new paragraph:

“(11) Programmatic conformity determinations.—

“(A) IN GENERAL.—The Secretary of Transportation—

“(i) shall, to the maximum extent practicable, use programmatic conformity determinations to streamline the process for satisfying transportation conformity requirements under this subsection; and

“(ii) may issue a programmatic conformity determination, in consultation with the Administrator, on a nationwide, statewide, metropolitan, or other geographic basis.

“(B) REGULATIONS.—

“(i) REQUIREMENT.—Not later than 180 days after the date of enactment of this paragraph, the Secretary of Transportation shall issue regulations implementing this paragraph.

“(ii) CONTENTS.— The regulations required by clause (i) shall include procedures for making programmatic conformity determinations for—

“(I) projects in marginal nonattainment areas;

“(II) projects that are not exempt from conformity requirements, but would have individually and cumulatively minor effects on the applicable area’s ability pollutants; and

“(III) projects located in areas in which the ambient levels of the applicable pollutant are substantially lower than the level required by the applicable national ambient air quality standard, such that an exceedance of that standard is determined Secretary to be unlikely to occur.

“(C) DEFINITION.—In this paragraph, the term ‘programmatic conformity determination’ includes any conformity determination that applies to a category of transportation plans, programs, or projects.”.

Section 111 of title 23, United States Code, is amended by striking subsection (e) and inserting the following:

“(e) Justification reports.—

“(1) IN GENERAL.—Upon request of a State, the Secretary shall enter into a written agreement with the State that assigns the full responsibility of the Secretary to the State for granting any approvals required under subsection (a) for changes in points of access to, or exits from, the Interstate System (including new or modified freeway-to-crossroad interchanges inside a transportation management area designated or identified under section 5303(k) of title 49).

“(2) CONDITIONS.—In entering into a written agreement under paragraph (1), the Secretary shall include appropriate conditions to ensure that the responsibilities assigned are carried out in a manner consistent with maintaining a safe and efficient Interstate System.”.

Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended—

(1) in subsection (f)(1)—

(A) in subparagraph (C) by striking “, or the maintenance of drainage ditches”;

(B) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (G), respectively; and

(C) by inserting after subparagraph (C) the following:

“(D) activities involving maintenance, repair or construction of roadside ditches, including emergency activities, temporary fills, and changes in the character, scope, or size of the original fill design to meet current design and safety standards, provided they that do not result in significant alterations to flow or circulation, and maintain to the maximum extent practicable, the course, condition, capacity, and location of open waters;”; and

(2) in subsection (s)(3) by striking “acton” and inserting “action”.

(a) Findings.—Congress finds the following:

(1) The environmental review process for transportation infrastructure projects is complex and inefficient, resulting in delays and increased costs of delivery of needed improvements to our transportation system.

(2) It is in the national interest to promote truly innovative approaches that have the potential to yield positive environmental and transportation outcomes more quickly and efficiently, with greater transparency and responsiveness to all stakeholders.

(b) Establishment.—The Secretary of Transportation shall establish a pilot program to promote the use of innovative practices in carrying out environmental reviews for transportation projects, including innovative practices that—

(1) integrate environmental planning or other techniques involving consideration of multiple resources on a watershed or ecosystem scale;

(2) enhance environmental mitigation and enhancement measures that will result in a substantial improvement over existing conditions in an ecosystem or watershed;

(3) use innovative technologies that enable more effective public participation in decision-making, including use of visualization, animation, and other advanced methods for depicting alternatives; and

(4) focus on environmental and transportation outcomes rather than processes.

(c) Flexibilities.—In carrying out the pilot program established under subsection (b), the Secretary, in concurrence with the affected agency may waive, with respect to an eligible project, any requirement under Federal law, regulation, or order, if the Secretary and such agencies find that waiving the requirement is reasonably expected to—

(1) promote the development of innovative practices for the environmental review process, as described in paragraphs (1) through (4) of subsection (b);

(2) enable the more efficient delivery of needed improvements to the transportation system; and

(3) result in achieving the conservation goals of relevant statutes.

(d) Eligibility.—In carrying out the pilot program established under subsection (b), the Secretary may not select more than 15 eligible projects each year to participate in the program.

(e) Application process.—

(1) IN GENERAL.—The Secretary and the affected agency shall be jointly responsible for reviewing and approving applications for participation in the program, as set forth in this subsection.

(2) APPLICATION.—The applicant shall submit a written application, in a form prescribed by the Secretary, requesting use of one or more innovative practices in the environmental review process for the project or proposal and identifying any flexibilities needed to carry out those innovative practices.

(3) WRITTEN RECOMMENDATION.—If the Secretary recommends approval of the application, the Secretary shall submit a written recommendation to the affected agency for review. The Secretary’s recommendation may include modifications to the applicant’s proposal.

(4) APPROVAL OR DENIAL OF APPLICATION.—The affected agency shall approve or deny the application, or approve the application with conditions.

(5) COMMUNICATION OF DECISION.—Upon the final approval decision by the Secretary and affected agency, the Secretary shall communicate the decision in writing to the project sponsor, the affected State (if not the project sponsor), and each affected agency, and shall post the decision on the agency’s public website, and publish the decision in the Federal Register. The Secretary’s notice shall identify, with specificity, each federal requirement that has been waived or otherwise modified. This decision shall be final.

(f) Implementation.—Upon publication of the decision in the Federal Register pursuant to subsection (e)(4), the Secretary may initiate the proposal or the environmental review process for the project. Each federal agency with responsibility for review, consultation, approval, or other role in the environmental review process for the project or proposal shall proceed in accordance with the decision.

(g) Termination.—

(1) IN GENERAL.—The Secretary or any affected agency may terminate the participation of a project in the pilot program under this section if the Secretary or affected agency determines that—

(A) the conditions for participation (as set forth in the application approval decision) have not been met; and

(B) termination is in the public interest.

(2) NOTICE.—Before terminating a project’s participation under paragraph (1), the Secretary shall give the project sponsor (and the State, if the State is not the sponsor) written notice and a period of at least 30 days to address the concerns.

(h) Reporting.—

(1) ANNUAL REPORT.—The Secretary, in consultation with the affected agency, shall annually 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 each eligible project participating in the program.

(2) CONTENTS.—The annual report under paragraph (1) shall—

(A) identify each eligible project;

(B) provide a status update on the environmental review process for such project; and

(C) summarize any lessons learned from the use of innovative practices authorized under the pilot program.

(i) Sunset.—The pilot program established under subsection (b) shall terminate on the date that is 5 years after the date of enactment of this Act.

(j) Definitions.—In this section:

(1) AFFECTED AGENCY.—The term “affected agency” means a Federal agency or agencies, other than the Department of Transportation, with an approval or consultation role that would be affected if the flexibilities described in subsection (c) are used.

(2) ELIGIBLE ENTITY.—The term “eligible entity” means any State department of transportation.

(3) ELIGIBLE PROJECT.—The term “eligible project” includes—

(A) any project (as such term is defined in section 139(a)(6) of title 23, United States Code) for which the environmental review process has not been initiated for such project; and

(B) any proposal to meet paragraphs (1) through (4) of subsection (c).

(a) In general.—Section 106 of title 23, United States Code, is amended—

(1) in subsection (h)(1) by striking “$500,000,000” and inserting “$1,000,000,000, increased by the Secretary as necessary,”;

(2) by striking subsection (i); and

(3) by redesignating subsection (j) as subsection (i).

(b) Conforming amendments.—Section 139(h) of title 23, United States Code, is amended—

(1) in paragraph (7)(B)(i)(I) by striking “or (i)”; and

(2) by amending paragraph (8) to read as follows:

“(8) EXPEDIENT DECISIONS AND REVIEWS.—To ensure that Federal environmental decisions and reviews are expeditiously made, adequate resources made available under this title shall be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process under that Act is implemented, not to exceed 2 years.”.

(a) Metropolitan transportation planning.—Section 134(j)(1) of title 23, United States Code, is amended by adding at the end the following:

“(E) EXCEPTION.—Notwithstanding any other provision of law, the amendment of an approved TIP to add a project or an identified phase of a project does not require public review and comment if the added project or the identified phase—

“(i) was in the approved TIP that immediately preceded the current TIP; and

“(ii) is unchanged from the project or the identified phase in that preceding TIP.”.

(b) Statewide and nonmetropolitan transportation planning.—Section 135(g) of title 23, United States Code, is amended—

(1) by redesignating paragraph (9) as paragraph (10); and

(2) by inserting after paragraph (8) the following:

“(9) EXCEPTION.—Notwithstanding any other provision of law, the amendment of an approved TIP to add a project or an identified phase of a project does not require public review and comment if the added project or the identified phase—

“(A) was in the approved transportation improvement program that immediately preceded the transportation improvement program in effect on the date of such proposed amendment; and

“(B) is unchanged from the project or the identified phase in that preceding transportation improvement program.”.

(a) Definitions.—In this section:

(1) ELIGIBLE BORROWER.—The term “eligible borrower” means a recipient of an eligible loan administered by the National Surface Transportation and Innovative Finance Bureau.

(2) ELIGIBLE LOAN.—The term “eligible loan” means a loan provided on or before the date of enactment of this Act under a program described in subparagraph (A) or (B) of section 116(d)(1) of title 49, United States Code.

(3) SECRETARY.—The term “Secretary” means the Secretary of Transportation.

(b) Interest rate reset.—

(1) IN GENERAL.—If, at any time after the date of execution of an eligible loan, the eligible borrower of such eligible loan is unable to generate sufficient revenues from the dedicated revenue source as a result of the COVID–19 pandemic and is unable to pay the scheduled repayments of principal and interest on such eligible loan—

(A) the eligible borrower may submit to the Secretary a request to reset the interest rate of the eligible loan in such manner and containing such information as the Secretary may require; and

(B) the Secretary—

(i) in accordance with such criteria as the Secretary may establish under subsection (d), shall determine whether the eligible borrower is unable to generate sufficient revenues as a result of the COVID–19 pandemic; and

(ii) if a positive determination is made under clause (i), may reset the interest rate of such eligible loan (including through amendment of such eligible loan) to a lower interest rate equal to not less than the yield on United States Treasury securities of a similar maturity to the maturity of the eligible loan on the date of the reset, in accordance with this section.

(2) APPLICABILITY.—A lower interest rate provided for an eligible loan pursuant to paragraph (1)(B)(ii) shall apply until the final maturity date of the eligible loan.

(c) Other loan modifications.—With respect to an eligible borrower described in subsection (b)(1), the Secretary, in carrying out subparagraph (B) of such subsection, may—

(1) allow, for a maximum aggregate period of not more than 5 years, an obligor to add unpaid principal and interest to the outstanding balance of the loan, subject to the requirements under section 502(j)(3)(B) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(j)(3)(B)) or section 603(c)(3)(B) of title 23, United States Code, as applicable; and

(2) extend any applicable disbursement period established under an agreement for credit assistance made pursuant to section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) or section 603 of title 23, United States Code, as applicable.

(d) Criteria.—

(1) IN GENERAL.—To be eligible to receive a lower interest rate or other loan modification under this section, an eligible borrower shall achieve compliance with such criteria as the Secretary may establish, in accordance with paragraph (2).

(2) FACTORS FOR CONSIDERATION.—In establishing criteria for purposes of paragraph (1), the Secretary may take into consideration such factors as the Secretary determines to be relevant, including achieving the objectives of—

(A) maintaining the operation of a project carried out by an eligible borrower in a disaster, emergency, or other extenuating circumstance;

(B) mitigating the financial impact on an eligible borrower of a disaster, emergency, or other extenuating circumstance; and

(C) protecting the interests of the Federal Government in critical infrastructure.

(e) Effective period.—

(1) IN GENERAL.—The authority of the Secretary to reset interest rates pursuant to this section shall terminate on September 30, 2022.

(2) EFFECT OF SUBSECTION.—Nothing in this subsection affects any eligible loan that is modified pursuant to this section on or before September 30, 2022.

This title may be cited as the “Federal Public Transportation Act of 2021”.

(a) Impacts of service reductions.—Section 5307(c)(1) is amended—

(1) by redesignating subparagraphs (J) and (K) as subparagraphs (K) and (L), respectively; and

(2) by inserting after subparagraph (I) the following:

“(J) in any case in which a project will result in a service reduction that impacts an area of persistent poverty, consider whether third party contractors can offer options for continuing the service, provided that such options do not negatively impact the salaries or benefits of employees currently providing the service;”.

(b) Targeted review.—Section 5307(f)(2) of title 49, United States Code, is amended—

(1) by striking “At least once every 3 years” and inserting the following:

“(A) IN GENERAL.—At least once every 3 years, except as provided for under subparagraph (B)”; and

(2) by adding at the end the following:

“(B) TARGETED REVIEW FOR HIGH-PERFORMING RECIPIENTS.—In the case of a recipient under this section for which no action under paragraph (3) has been found to be necessary for 6 or more consecutive years, the triennial review shall be a targeted review, as determined by the Secretary, to ascertain whether there is, with respect to the performance of a program under this section—

“(i) any outstanding or unresolved finding from prior reviews;

“(ii) evidence of noncompliance with an applicable statutory or administrative requirement under this chapter; or

“(iii) any material change since the most recent triennial review that the Secretary determines risks the recipient's compliance with respect to such performance.”.

Section 5309 of title 49, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (7)—

(i) in subparagraph (A) by striking “$100,000,000” and inserting “$200,000,000”; and

(ii) in subparagraph (B) by striking “$300,000,000” and inserting “$400,000,000”; and

(B) by adding at the end the following:

“(8) RURAL START PROJECT.—The term ‘rural start project’ means a new transit capital project that is not in an urbanized area for which—

“(A) the Federal assistance provided or to be provided under this section is less than $80,000,000; and

“(B) the total estimated net capital cost is less than $150,000,000.”;

(2) in subsection (b)(1) by striking “or small start projects” and inserting “, small start projects, or rural start projects”;

(3) in subsection (c)(1) by striking “small start projects” and inserting “, small start projects, rural start projects”; and

(4) in subsection (h)—

(A) in the heading by striking “Small start projects” and inserting “Small start projects and rural start projects”;

(B) in paragraph (1) by striking “small start project” and inserting “small start project or rural start project”;

(C) in paragraph (2)(A) by striking “small starts project” and inserting “small start project or rural start project”;

(D) in paragraph (3) by striking “small start project” and inserting “small start project or rural start project”; and

(E) in paragraph (6)(A) by striking “small start project” and inserting “small start project or rural start project”.

Section 5310 of title 49, United States Code, is amended—

(1) in subsection (b)(2) by striking “(A) Amount available” and all that follows through “A recipient of a grant under” and inserting “A recipient of a grant under”;

(2) in subsection (c)(2) by adding at the end the following:

(3) by striking paragraphs (1) and (2) of subsection (d) and inserting the following:

“(1) CAPITAL PROJECTS.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), a grant awarded under this section for a capital project shall be 80 percent of the net costs of the project, as determined by the Secretary.

“(B) EXCEPTION.—A State described in section 120(b) of title 23 shall receive a Federal Government share of the net costs in accordance with the formula under such section.

“(2) OPERATING ASSISTANCE.—

“(A) IN GENERAL.—Except as provided by subparagraph (B), a grant awarded under this section for a operating assistance may not exceed an amount equal to 50 percent of the net operating costs of the project, as determined by the Secretary.

“(B) EXCEPTION.—A state described in section 120(b) of title 23 shall receive a Federal Government share of the net costs that is equal to 62.5 percent of the Federal Government share provided for under paragraph (1)(B).”; and

(4) by striking subsection (e)(1) and inserting the following:

“(1) IN GENERAL.—To the extent the Secretary determines appropriate, the requirements of—

“(A) section 5307 shall apply to recipients of grants made in urbanized areas under this subsection; and

“(B) section 5311 shall apply to recipients of grants made in rural areas under this subsection.”.

Section 5311(g) of title 49, United States Code, is amended—

(1) in paragraph (1) by adding at the end the following:

“(C) PROJECTS IN QUALIFIED OPPORTUNITY ZONES, MEDICALLY UNDERSERVED AREAS, OR AREAS WITH A MEDICALLY UNDERSERVED POPULATION.—A grant awarded under this section for a capital project in a qualified opportunity zone, a medically underserved area, or areas with a medically underserved population shall be for 90 percent of the net costs of the project, as determined by the Secretary.”;

(2) in paragraph (2) by adding at the end the following:

“(C) PROJECTS IN QUALIFIED OPPORTUNITY ZONES, MEDICALLY UNDERSERVED AREAS, OR AREAS WITH A MEDICALLY UNDERSERVED POPULATION.—A grant awarded under this section for a capital project in a qualified opportunity zone, a medically underserved area, or an area with a medically underserved population shall be for 62.5 percent of the Federal Government share provided for under paragraph (1)(B).”; and

(3) by adding at the end the following:

(a) Research project eligibility.—Section 5312(c)(2) of title 49, United States Code, is amended—

(1) in subparagraph (M), by striking “or” at the end;

(2) by redesignating subparagraph (N) as subparagraph (O); and

(3) by inserting after subparagraph (M) the following:

“(N) access to hospitals and healthcare providers in areas underserved by transit or with limited public transportation options, as determined by the Secretary; or”.

(b) Innovation and development project eligibility.—Section 5312(d)(2) of title 49, United States Code, is amended—

(1) in subparagraph (G), by striking “or” at the end;

(2) by redesignating subparagraph (H) as subparagraph (I); and

(3) by inserting after subparagraph (G) the following:

“(H) public transportation projects that improve health care access and outcomes; or”.

(c) Demonstration, deployment, and evaluation project eligibility.—Section 5312(e)(3) of title 49, United States Code, is amended—

(1) in subparagraph (B), by striking “or” at the end;

(2) in subparagraph (C), by striking the period and inserting “; or”; and

(3) by adding at the end the following:

“(D) the deployment of public transportation projects or practices that—

“(i) achieve measurable improvements in transportation access to health care for medically underserved areas or populations, as designated by the Health Resources and Services Administration pursuant to section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3));

“(ii) implement transportation strategies for addressing significant health needs as identified by a community health needs assessment pursuant to the requirements of section 501(r)(3)(A) of the Internal Revenue Code of 1986; or

“(iii) eliminate or reduce transportation barriers to accessing health care that are identified and prioritized in the coordinated public transit-human services transportation plan described in section 5310(e)(2)(A).”.

(a) In general.—Section 5314(a) of title 49, Unites States Code, is amended—

(1) in paragraph (2)—

(A) in subparagraph (H) by striking “and” at the end;

(B) by redesignating subparagraph (I) as subparagraph (J); and

(C) by inserting after subparagraph (H) the following:

“(I) provide innovation and capacity-building to rural and tribal public transportation recipients but that do not duplicate the activities of sections 5311(b) or 5312; and”; and

(2) by adding at the end the following:

“(5) AVAILABILITY OF AMOUNTS.—Of the amounts made available to carry out this section under section 5338(c), such sums as necessary shall be available to carry out activities described in paragraph (2)(I).”.

(b) Availability of amounts.—Section 5314(c)(4)(A) of title 49, United States Code, is amended by inserting “5311,” after “5307,”.

(a) Reasonable access to public transportation facilities.—Section 5323 of title 49, United States Code, is amended by striking subsection (r) and inserting the following:

“(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.

“(2) RESPONSE TO REQUEST.—

“(A) IN GENERAL.—If a recipient of assistance under this chapter fails to respond to a request within the 90-day period described in paragraph (1), the operator may seek assistance from the Secretary to obtain a response.

“(B) DENIAL OF ACCESS.—If a recipient of assistance under this chapter denies access to a private intercity or charter transportation operator based on the reasonable access standards provided in paragraph (1), the recipient shall provide, in writing, the reasons for the denial.”.

(b) Waivers and deferrals; administrative option.—Section 5323 of title 49, United States Code, is further 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 Federal Public Transportation Act of 2021, 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;

“(C) the criteria by which the Secretary shall evaluate and act upon such requests;

“(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);

“(E) actions the Secretary may take if a recipient fails to comply the terms and conditions attached to a waiver, exemption, deferral, or simplified level of compliance that has been awarded under paragraph (1); and

“(F) the circumstances under which the Secretary may use this paragraph to award a waiver, exemption, deferral or simplified level of compliance to a recipient of assistance under this chapter and described in this paragraph.

“(3) MAINTAIN SAFETY.—The Secretary shall not 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 further 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, 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.”.

Section 5336(h)(3) of title 49, United States Code, is amended to read as follows:

“(3) of amount not apportioned under paragraphs (1) and (2), 3 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);”.

Section 5339 of title 49, United States Code is amended—

(1) in subsection (a)(5) by striking subparagraph (A) and inserting the following:

(2) in subsection (b)(5) by striking “10” and inserting “20”; and

(3) in subsection (c)—

(A) in paragraph (1)(E)—

(i) in clause (i) by striking “; or” and inserting a semicolon;

(ii) in clause (ii) by striking the semicolon and inserting “; or”; and

(iii) by adding at the end the following:

“(iii) with respect to projects in rural areas, any passenger vehicle that is equipped with any technology, including compressed natural gas and liquefied natural gas that reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a diesel powered vehicle;”;

(B) in paragraph (3)(A) by striking “requirements of section 5307” and inserting the following: “requirements of—

“(i) for eligible recipients of grants made in urbanized areas, section 5307; and

“(ii) for eligible recipients of grants made in rural areas, section 5311.”; and

(C) by adding at the end the following:

“(8) DISTRIBUTION OF GRANT FUNDS.—Of the funds allocated under section 5338(a)(2)(M) for no or low emission grants under section 5339(c), not less than 10 percent of the amounts shall be distributed to projects in rural areas.”.

(a) In general.—Section 5340 of title 49, United States Code, is amended—

(1) in subsection (b) by striking “and subsection (d)”; and

(2) by striking subsection (d).

(b) Technical corrections.—Section 5340 of title 49, United States Code, is amended—

(1) in subsection (b) by striking “5338(b)(2)(N)” and inserting “5338(a)(2)(N)”; and

(2) in subsection (c)(1) by striking “subsection (b)(1)” and inserting “subsection (b)”.

(a) In general.—Chapter 53 of title 49, United States Code, is amended by inserting after section 5312 the following:

(b) Clerical amendment.—The analysis for chapter 53 of title 49, United States Code, is amended by inserting after section 5312 the following:

“5313. Innovative mobility and technology deployment grants. ”.

Section 3005(b)(3)(A) of the FAST Act (49 U.S.C. 5309 note) is amended—

(1) in clause (iv)(V) by adding “and” at the end;

(2) in clause (v) by striking “; and” and inserting a period; and

(3) by striking clause (vi).

The funds provided for programs under chapter 4 of title 23, United States Code, and chapter 303 of title 49, United States Code, shall be subject to the following requirements, as applicable:

(1) 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 2026 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.

(2) 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.

(3) 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 shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year.

(4) 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—

(A) shall only be used to carry out such program; and

(B) may not be used by States or local governments for construction purposes.

(a) In general.—Section 403 of title 23, United States Code, is amended—

(1) in subsection (h) by striking paragraph (2) and inserting the following:

“(2) FUNDING.—The Secretary shall obligate such sums as are necessary for each of fiscal years 2022 through 2024 from the funds made available to carry out this section to conduct the research described in paragraph (1).”; and

(2) by adding at the end the following:

“(k) Drug-Impaired driving prevention pilot program.—

“(1) IN GENERAL.—Not later than 1 year after the date of enactment of the STARTER Act 2.0, the Secretary shall establish a pilot program to create, and study the effects of, a public awareness campaign to reduce instances of driving while under the influence of prescription and over-the-counter medications.

“(2) LOCATIONS.—The Secretary shall implement the pilot program in States that are, or a region that is, most affected by the opioid epidemic, as measured by the most recent opioid-involved overdose deaths per 10,000 persons, as reported by the Centers for Disease Control and Prevention.

“(3) SUNSET.—The authority of the Secretary under paragraph (1) shall terminate on the date that is 2 years after the date on which the pilot program is established pursuant to paragraph (1).

“(4) REPORT.—Not later than 1 year after the date of termination of the pilot program described in 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 on the results of the study of the effects of the public awareness and enforcement campaign.

“(l) Research and training on marijuana detection.—

“(1) IN GENERAL.—The Administrator of the National Highway Traffic Safety Administration shall carry out a collaborative research effort to study the effect that marijuana use has on driving and research ways to detect and reduce incidences of driving under the influence of marijuana.

“(2) REPORTS.—The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report that—

“(A) describes the progress made in carrying out the collaborative research effort; and

“(B) includes an accounting for the use of Federal funds obligated or expended in carrying out such effort.”.

(b) Study of illegal passing of school buses.—Section 403 of title 23, United States Code, is further amended by adding at the end the following:

“(m) Study of illegal passing of school buses.—

“(1) IN GENERAL.—The Comptroller General of the Unites States shall conduct a study on illegal passing of school buses by motor vehicles.

“(2) STUDY ELEMENTS.—In completing the study under paragraph (1), the Comptroller General shall compile and examine the following issues related to illegal passing of school buses:

“(A) Description of illegal passing laws in each State relating to school buses.

“(B) Identification of laws that may affect or intersect with illegal school bus passing laws.

“(C) Description of how each State enforces such laws.

“(D) Evaluation of methods that each State uses to review, document, and report to law enforcement school bus stop-arm violations and illegal school bus passing.

“(E) Review of driver education materials.

“(F) Identification of best practices relating to the most effective approaches to address illegal passing of school buses.

“(3) REPORT.—Not later than 2 years after the date of enactment of the STARTER Act 2.0 the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study under paragraph (1).

“(n) Public safety media programs.—

“(1) CHILD HEATSTROKE.—Not later than 1 year after the date of enactment of the STARTER Act 2.0, the Secretary shall establish and implement a public safety messaging program to educate the public and reduce heatstroke related deaths of children in unattended vehicles.

“(2) ILLEGAL PASSING OF SCHOOL BUSES.—Not later than 18 months after the date of enactment of this subsection, the Secretary shall establish and implement a public safety messaging program to educate the public and reduce the illegal passing of school buses.”.

Section 405(a)(9)(A) of title 23, United States Code, is amended by striking “date of enactment of the FAST Act” and inserting “date of enactment of the STARTER Act 2.0”.

Section 4010 of the FAST Act (23 U.S.C. 405 note) is amended—

(1) by striking “the date on which the Secretary awards” and inserting “each occurrence of the Secretary awarding”; and

(2) by striking “a publicly available Internet Web site of the Department” and inserting “the website of the Department”.

The funds provided for programs under chapter 311 of title 49, United States Code, shall be subject to the following requirements:

(1) APPLICABILITY OF TITLE 23.—Except as otherwise provided in chapter 311 of title 49, United States Code, amounts made available under subsection (a) for fiscal years 2022 through 2026 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.

(2) STATE MATCHING REQUIREMENTS.—If a grant awarded under chapter 311 of title 49, 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 311 of title 49, United States Code (other than planning or administration), without regard to whether such expenditures were made in connection with such project.

(3) GRANT APPLICATION AND DEADLINE.—To receive a grant under chapter 311 of title 49, United States Code, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year.

(4) PROHIBITION ON OTHER USES.—Except as otherwise provided in chapter 311 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—

(A) shall only be used to carry out such program; and

(B) may not be used by States or local governments for construction purposes.

(a) Motor carrier safety grants.—

(1) IN GENERAL.—

(A) SELECTION STANDARD.—For any applicable legal requirement with respect to a covered entity contracting with a covered motor carrier for the shipment of goods or household goods, the covered entity shall be considered reasonable and prudent in the selection of such motor carrier if the covered entity verifies, not later than the date of shipment and not earlier than 45 days before the date of shipment, that the covered motor carrier—

(i) is registered under section 13902 of title 49, United States Code, as a motor carrier or household goods motor carrier;

(ii) has at least the minimum insurance coverage required by Federal and State law; and

(iii) is not determined unfit to operate safely commercial motor vehicles under section 31144 of title 49, United States Code, or otherwise ordered to discontinue operations by the Federal Motor Carrier Safety Administration (including not renewing a Department of Transportation registration number) or a State.

(B) SUNSET.—The standard established under subparagraph (A) shall sunset on the effective date of a regulation issued pursuant to paragraph (3).

(2) REVOCATION OF REGISTRATION.—Section 31144(a) of title 49, United States Code, is amended—

(A) in paragraph (3) by striking “and”;

(B) in paragraph (4) by striking the period and inserting “; and”; and

(C) by adding at the end the following:

“(5) prescribe by regulation a process for revoking the registration of an owner or operator determined unfit to operate safely a commercial motor vehicle under this section.”.

(3) RULEMAKING.—

(A) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall—

(i) update and revise the regulations issued pursuant to subsection (b) of section 31144 of title 49, United States Code, to include the requirements of paragraph (1); and

(ii) issue such regulations as are necessary to carry out section 31144(a)(5) of title 49, United States Code, as added by this Act.

(B) FACTORS FOR AN UNSATISFACTORY RATING.—The regulations updated under subparagraph (A)(i) shall provide a procedure for the Secretary to determine if a motor carrier is not fit to operate a commercial motor vehicle in or affecting interstate commerce in accordance with section 31144 of title 49, United States Code.

(4) SAVINGS CLAUSE.—Nothing in this section shall be construed to preempt or supercede any State law or regulation relating to drayage.

(5) DEFINITIONS.—In this section:

(A) COVERED ENTITY.—The term “covered entity” means a person acting as—

(i) a shipper or cosignee of goods, except that such term does not mean a person acting as an individual shipper (as such term is defined in section 13103 of title 49, United States Code);

(ii) a broker, a freight forwarder, or a household goods freight forwarder (as such terms are defined in section 13102 of title 49, United States Code);

(iii) an ocean transportation intermediary (as such term is defined in section 40102 of title 46, United States Code), when arranging for inland transportation as part of an international through movement involving ocean transportation between the United States and a foreign port;

(iv) an indirect air carrier holding a Standard Security Program approved by the Transportation Security Administration only to the extent that the indirect air carrier is engaging in the activities as an air carrier defined in paragraph (2) or (3) of section 40102 of title 49, United States Code;

(v) a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations, only to the extent that the customs broker is engaging in a movement under a customs bond or in a transaction involving customs business, as defined by section 111.1 of title 19, Code of Federal Regulations; or

(vi) a motor carrier registered under chapter 139 of title 49, United States Code.

(B) COVERED MOTOR CARRIER.—The term “covered motor carrier” means a motor carrier or a household goods motor carrier (as such terms are defined in section 13102 of title 49, United States Code) that is subject to Federal motor carrier financial responsibility and safety regulations.

(C) HOUSEHOLD GOODS.—The term “household goods” has the meaning given such term in section 13102 of title 49, United States Code.

(b) Remote audit.—Section 31144 of title 49, United States Code, is amended by adding at the end the following:

“(j) Remote audits.—

“(1) IN GENERAL.—The Secretary shall establish a pilot program to conduct remote compliance reviews under subpart A of part 385 of title 49, Code of Federal Regulations, to assign a safety rating for commercial motor carriers.

“(2) CONTENTS.—In conducting the pilot program, the Secretary shall—

“(A) use the same standards that would otherwise be applicable to commercial motor carriers;

“(B) apply the procedures of part 385 of title 49, Code of Federal Regulations, including the safety fitness rating methodology under appendix B, prior to assigning a safety rating under such pilot program;

“(C) assign safety ratings regardless of whether an on-site review of activities has taken place; and

“(D) leverage all available technology to access information and records.

“(3) ELIGIBLE PARTICIPANTS.—

“(A) IN GENERAL.—Motor carriers that are eligible to participate in the pilot program under this subsection shall—

“(i) voluntarily agree to participate in such pilot program; and

“(ii) be able to opt-out of participation in such pilot program at any time.

“(B) PROHIBITION ON PARTICIPATION.—Motor carriers that transport hazardous materials or passengers shall be prohibited from participating in the pilot program under this section.

“(4) AUTHORIZED AGENTS.—Remote compliance reviews conducted under the pilot program under this section may be conducted by—

“(A) Federal Motor Carrier Safety Administration personnel;

“(B) State commercial motor vehicle authorities that meet acceptable standards set forth by the Secretary; or

“(C) private contractors that meet acceptable standards set forth by the Secretary.

“(5) AVAILABILITY OF SAFETY RATINGS.—Safety ratings determined under the pilot program under this subsection may not be released publicly by the Secretary or by any authorized agent described in paragraph (4) that is participating in the pilot program under this subsection.”.

(a) In general.—Not later than February 7, 2023, the Secretary of Transportation shall implement the minimum training requirements for entry-level commercial motor vehicle operators published in the final rule issued by the Federal Motor Carrier Safety Administration on December 8, 2016, titled “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators” (81 Fed. Reg. 88732).

(b) Training provider registry deployment.—Not later than October 1, 2022, the Federal Motor Carrier Safety Administration shall deploy the training provider registry referenced in the final regulation issued by the Administration on December 8, 2016, titled “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators” (81 Fed. Reg. 88732) to allow training providers to sign up prior to the implementation date described in subsection (a).

(c) Report to Congress.—Not later than February 7, 2022, and every 90 days thereafter until the implementation of the requirements described in subsection (a), the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—

(1) the status of the training provider registry described in subsection (b); and

(2) the Federal and State efforts to implement the final rule described in subsection (a).

(d) Report on noncompliance.—Not later than 45 days after the date on which compliance with the final rule described in subsection (a) is required under such subsection, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing a list of all States in substantial noncompliance with such final rule.

(a) Definitions.—In this section:

(1) APPRENTICE.—The term “apprentice” means an employee under the age of 21 who holds a commercial driver’s license required to operate a class of vehicles described in part 383 of title 49, Code of Federal Regulations, and any successor regulations.

(2) COMMERCIAL DRIVER'S LICENSE.—The term “commercial driver's license” has the meaning given the term in section 31301 of title 49, United States Code.

(3) COMMERCIAL MOTOR VEHICLE.—The term “commercial motor vehicle” means a commercial motor vehicle that meets the definition under paragraph (1) or (4) of the definition of the term “commercial motor vehicle” in section 390.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(4) DRIVING TIME.—The term “driving time” has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(5) EMPLOYEE.—The term “employee” has the meaning given such term in section 31132 of title 49, United States Code.

(6) EMPLOYER.—The term “employer” has the meaning given such term in section 31132 of title 49, United States Code.

(7) EXPERIENCED DRIVER.—The term “experienced driver” means an individual who—

(A) is not less than 21 years of age;

(B) has held a commercial driver’s license for the 2-year period ending on the date on which the individual serves as an experienced driver under subsection (c)(3)(B);

(C) has had no preventable accidents reportable to the Department of Transportation or pointed moving violations during the 1-year period ending on the date on which the individual serves as an experienced driver under subsection (c)(3)(B); and

(D) has a minimum of 2 years of experience driving a commercial motor vehicle in interstate commerce.

(8) ON-DUTY TIME.—The term “on-duty time” has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(9) POINTED MOVING VIOLATION.—The term “pointed moving violation” means a violation that results in points being added to the license of a driver, or a similar comparable violation, as determined by the Secretary.

(10) SECRETARY.—The term “Secretary” means the Secretary of Transportation.

(b) Apprentice.—An apprentice may—

(1) drive a commercial motor vehicle in interstate commerce while taking part in the 120-hour probationary period under subsection (c)(1) or the 280-hour probationary period under subsection (c)(2), pursuant to an apprenticeship program established by an employer in accordance with this section; and

(2) drive a commercial motor vehicle in interstate commerce after the apprentice completes an apprenticeship program described in paragraph (1).

(c) Apprenticeship program.—An apprenticeship program referred to in subsection (b) is a program that consists of the following requirements:

(1) 120-HOUR PROBATIONARY PERIOD.—

(A) IN GENERAL.—The apprentice shall complete 120 hours of on-duty time, of which not less than 80 hours are driving time in a commercial motor vehicle.

(B) PERFORMANCE BENCHMARKS.—In order to complete the 120-hour probationary period under subparagraph (A), an employer shall determine that the apprentice is competent in each of the following areas:

(i) Interstate, city traffic, rural 2-lane, and evening driving.

(ii) Safety awareness.

(iii) Speed and space management.

(iv) Lane control.

(v) Mirror scanning.

(vi) Right and left turns.

(vii) Logging and complying with rules relating to hours of service.

(2) 280-HOUR PROBATIONARY PERIOD.—

(A) IN GENERAL.—After completing the 120-hour probationary period under paragraph (1), the apprentice shall complete 280 hours of on-duty time, of which not less than 160 hours are driving time in a commercial motor vehicle.

(B) PERFORMANCE BENCHMARKS.—In order to complete the 280-hour probationary period under subparagraph (A), an employer shall determine that the apprentice is competent in each of the following areas:

(i) Backing and maneuvering in close quarters.

(ii) Pre-trip inspections.

(iii) Fueling procedures.

(iv) Weighing loads, weight distribution, and sliding tandems.

(v) Coupling and uncoupling procedures.

(vi) Trip planning, truck routes, map reading, navigation, and permits.

(3) RESTRICTIONS FOR 120-HOUR AND 280-HOUR PROBATIONARY PERIODS.—During the 120-hour probationary period under paragraph (1) and the 280-hour probationary period under paragraph (2)—

(A) the apprentice may only drive a commercial motor vehicle that has—

(i) automatic manual or automatic transmissions;

(ii) active braking collision mitigation systems;

(iii) forward-facing video event capture; and

(iv) governed speeds of 65 miles per hour at the pedal and 65 miles per hour under adaptive cruise control; and

(B) the apprentice shall be accompanied in the cab of the commercial motor vehicle by an experienced driver.

(4) RECORDS RETENTION.—The employer shall maintain records, in a manner required by the Secretary, relating to the satisfaction of the requirements of paragraphs (1)(B) and (2)(B) by the apprentice.

(5) REPORTABLE INCIDENTS.—If the apprentice is involved in a preventable accident reportable to the Department of Transportation or a pointed moving violation while driving a commercial motor vehicle as part of an apprenticeship program described in this subsection, the apprentice shall undergo remediation and additional training until the apprentice can demonstrate, to the satisfaction of the employer, competence in each of the performance benchmarks described in paragraphs (1)(B) and (2)(B).

(6) COMPLETION OF PROGRAM.—The apprentice shall be considered to have completed the apprenticeship program on the date on which the apprentice completes the 280-hour probationary period under paragraph (2).

(7) MINIMUM REQUIREMENTS.—

(A) IN GENERAL.—Nothing in this section prevents an employer from imposing additional requirements on an apprentice taking part in an apprenticeship program established pursuant to this section.

(B) TECHNOLOGIES.—Nothing in this section prevents an employer from requiring or installing additional technologies in a commercial motor vehicle in addition to the technologies described in paragraph (3)(A).

(d) Regulations.—Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations to implement this section.

(e) No effect on license requirement.—Nothing in this section exempts an apprentice from any requirement to hold a commercial driver’s license in order to operate a commercial motor vehicle.

(f) Employer responsibility.—An employer shall not knowingly allow, require, permit, or authorize a driver under the age of 21 to operate a commercial motor vehicle in interstate commerce unless the driver is participating in or has completed an apprenticeship program that meets the requirements of subsection (c).

Section 229 of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note) is amended—

(1) in subsection (a)(1)—

(A) in the matter preceding subparagraph (A), by striking “during planting and harvest periods, as determined by each State,”; and

(B) by amending subparagraph (A) to read as follows:

“(A) drivers transporting agricultural commodities within a 150 air-mile radius from—

“(i) the source of the agricultural commodities; or

“(ii) the destination of the agricultural commodities;”; and

(2) in subsection (e)(8)—

(A) by striking “during the planting and harvesting seasons within each State, as determined by the State,”; and

(B) by striking “at any time of the year”.

(a) In general.—Chapter 5 of title 23, United States Code, is amended by adding at the end the following:

(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. Advanced transportation technologies program.”.

(c) Conforming amendment.—Chapter 5 of title 23, United States Code, is amended by striking section 503(c)(4).

(a) In general.—Chapter 5 of title 23, United States Code, is further amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 5 of title 23, United States Code, is further amended by adding at the end the following new item:

“521. Connected vehicle deployment pilot program.”.

(a) In general.—Chapter 5 of title 23, United States Code, is further amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 5 of title 23, United States Code, is further amended by adding at the end the following new item:

“522. Automated driving system demonstration program.”.

(c) Preparing roadways for automated vehicles.—Section 133(b) of title 23, United States Code, is amended by adding at the end the following:

“(16) Capital and maintenance expenses for infrastructure improvements to ensure the proper and safe operation of automated driving system technologies for which a demonstration project was carried out under section 522.”.

(a) In general.—Section 503(c) of title 23, United States Code, is amended by adding at the end the following:

“(4) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.—

“(A) IN GENERAL.—Not later than 6 months after the date of enactment of this paragraph, the Secretary of Transportation shall establish and implement an advanced digital construction management system program under the technology and innovation deployment program established under paragraph (1) and implemented pursuant to paragraph (2) to—

“(i) deploy advanced digital construction management systems that enable the use of digital technologies on construction sites by contractors and leverage the use of such technologies, including state-of-the-art automated and connected machinery and optimized routing software that allows individuals to perform tasks faster, safer, more accurately, and with minimal supervision;

“(ii) accelerate State adoption of advanced digital construction management systems applied throughout the design, engineering, construction, and operations phases of a construction project that—

“(I) maximize interoperability with other systems, products, tools, or applications;

“(II) increase productivity;

“(III) manage complexity of a construction project;

“(IV) reduce project delays and cost overruns; and

“(V) enhance safety of individuals involved and quality of a construction project;

“(iii) share information among stakeholders through reduced reliance on paper to manage construction processes and deliverables, including blueprints, design drawings, procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists;

“(iv) develop and deploy best practices for use in advanced digital construction management systems;

“(v) increase the adoption and deployment of technology by States and units of local government that enables entities carrying out construction projects to—

“(I) integrate the adoption of advanced digital construction management systems and technologies in contracts; and

“(II) weigh the cost of digitization and technology in setting project budgets;

“(vi) implement technology training and workforce development to build the capabilities of entities carrying out construction projects that enables States and units of local government to—

“(I) better manage projects using advanced digital construction management technologies; and

“(II) properly measure and reward technology adoption across construction projects carried out by the State or unit of local government;

“(vii) develop guidance to assist States in updating regulations of such States to allow entities carrying out construction projects to—

“(I) report data relating to the project in digital formats; and

“(II) fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies;

“(viii) reduce the environmental footprint of construction projects by using advanced digital construction management systems to eliminate traffic congestion through more efficient projects; and

“(ix) enhance worker and roadway user safety.

“(B) FUNDING.—The Secretary shall obligate for each of fiscal years 2022 through 2026 from funds made available to carry out this subsection such funds as may be necessary to carry out this paragraph.

“(C) PUBLICATION.—

“(i) IN GENERAL.—At least once every 2 years, the Secretary shall issue and make available to the public on the website of the Department of Transportation a report on—

“(I) progress made in the implementation of advanced digital construction management systems by States; and

“(II) the costs and benefits of the deployment of technology and innovations resulting from the program established under this paragraph.

“(ii) INCLUSIONS.—The report required under clause (i) may include an analysis of—

“(I) Federal, State, and local cost savings;

“(II) project delivery time improvements;

“(III) traffic congestion impacts; and

“(IV) safety improvements for roadway users and construction workers.

“(D) ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS DEFINED.—In this paragraph, the term ‘advanced digital construction management systems’ means commercially-proven digital technologies and processes for the management of construction and engineering activities, including—

“(i) systems for infrastructure planning, coordination, construction, maintenance, modernization and management; and

“(ii) asset management systems for machines, site equipment, and personnel.”.

(b) Report to Congress.—Not later than 1 year after the date of enactment of this Act, 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 includes—

(1) a description of—

(A) the status of the program carried out under section 503(c)(4) of title 23, United States Code, and any other use of advanced digital construction management systems in each State; and

(B) the progress of each State toward accelerating the adoption of advanced digital construction management systems; and

(2) an analysis of the savings in project delivery time and project costs that can be achieved through the use of advanced digital construction management systems.

Section 120(c)(3) of title 23, United States Code, is amended—

(1) in subparagraph (B)—

(A) in clause (v) by striking “or” at the end;

(B) in clause (vi) by striking the period and inserting “; or”; and

(C) by inserting at the end the following:

“(vii) advanced digital construction management systems as defined in section 503(c)(4).”; and

(2) in subparagraph (C)(i) by striking “10 percent” and inserting “25 percent”.

Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended—

(1) in subsection (a)—

(A) by striking “States” and inserting “States or groups of States”; and

(B) by inserting “to motor fuel and diesel taxes” after “alternative revenue mechanisms”;

(2) by striking subsection (b) and inserting the following:

(3) in subsection (c)—

(A) by striking paragraph (1) and inserting the following:

“(1) To test the design, acceptance, equity, and implementation of user-based alternative revenue mechanisms, including among—

“(A) differing income groups;

“(B) various geographic areas;

“(C) rural and urban drivers; and

“(D) unique design requirements for certain motor vehicles, including motorcycles.”; and

(B) in paragraph (5) by striking “To minimize the administrative cost” and inserting “To quantify and minimize the administrative costs”;

(4) in subsection (d)(1)(B) by inserting “and the safety of data collection” before the semicolon;

(5) in subsection (e) by striking “shall” and inserting “may”;

(6) by striking subsection (g) and inserting the following:

(7) in subsection (h)(2) by striking “lessons learned” and inserting “recommendations”; and

(8) by striking subsections (j) and (k) and inserting the following:

(a) Establishment.—Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of the Treasury, shall establish a pilot program (referred to in this section as the “Pilot Program”) to demonstrate implementation of a national per-mile road usage charge.

(b) Objectives.—In establishing the Pilot Program, the Secretary of Transportation and the Secretary of the Treasury shall carry out the following objectives:

(1) Test the design, acceptance, implementation, and financial sustainability of a national per-mile road usage charge.

(2) Collect and report data on the differential effects of a national per-mile road usage charge and the Federal motor fuels tax between urban and rural drivers.

(3) Collect and report data on the interoperability of road usage charge collection between States.

(4) Create and implement a national 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 and information from the State surface transportation system funding pilot program under section 6020 of the FAST Act (23 U.S.C. 503 note).

(5) Address the need for additional revenue for surface transportation infrastructure and a national per-mile user fee.

(6) Provide recommendations regarding adoption and implementation of a national per-mile road usage charge and a recommendation for the amount of the national per-mile road usage charge.

(c) Surface transportation system road usage charge advisory board.—

(1) IN GENERAL.—In carrying out the Pilot Program, the Secretary of Transportation shall establish a surface transportation system road usage charge advisory board to—

(A) advance and implement the objectives under subsection (b); and

(B) develop the recommendations and report under subsection (j)(1).

(2) MEMBERS.—The advisory board established under paragraph (1) shall, at a minimum, be composed of a total of 15 representatives of the following entities, to be appointed by the Secretary:

(A) State departments of transportation or State transportation commissions.

(B) Local transportation agencies located within a transportation management area (as identified or designated under section 134(k) of title 23, United States Code).

(C) Any public or nonprofit entity that carried out a surface transportation system funding alternatives pilot project under section 6020 of the FAST Act (23 U.S.C. 503 note).

(D) Owners and operators of toll facilities.

(E) Fleet operators of commercial motor vehicles.

(F) Academic experts on surface transportation.

(G) Private sector technology companies.

(H) Automobile manufacturers.

(I) Other members as designated by the Secretary.

(3) APPLICATION OF LAW.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory board established under paragraph (1).

(d) Program requirements.—In carrying out the Pilot Program, the Secretary of Transportation, in consultation with the Secretary of the Treasury, shall—

(1) establish appropriate methods for reporting vehicle miles traveled under the program;

(2) solicit volunteer participants from all 50 states and the District of Columbia;

(3) ensure an appropriate geographic distribution by population among volunteer participants;

(4) enter into agreements, as practicable, with owners of passenger and commercial motor vehicle fleets or law enforcement motorcycle fleets for the collection and sharing of anonymized data throughout the pilot program;

(5) enter into agreements with entities of the passenger motor vehicle industry, motorcycle industry, and commercial vehicle industry to develop a technology standard for onboard units used to report vehicle miles traveled; and

(6) use components of and information from the State pilots under section 6020 of the FAST Act (23 U.S.C. 503 note), as applicable.

(e) Methods.—In establishing a method for collecting information on vehicle miles traveled under the Pilot Program, the Secretary of Transportation shall consider the following:

(1) Third-party on-board diagnostic system-II devices.

(2) Smart phone applications.

(3) Solicitation of voluntary reporting by volunteer participants.

(4) Solicitation of voluntary reporting by car insurance companies.

(5) Solicitation of voluntary reporting through State departments of motor vehicles.

(6) Any other method that the Secretary of Transportation considers appropriate.