IB 

Union Calendar No. 350 

116TH CONGRESS 

2D SESSION H. R. 2 

[Report No. 116–437] 

To authorize funds for Federal-aid highways, highway safety programs, and 

transit programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2020 

Mr. DEFAZIO (for himself, Ms. NORTON, and Mr. LIPINSKI) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure 

JUNE 26, 2020 

Additional sponsors: Mr. PALLONE, Mr. NEAL, Ms. WATERS, Mrs. CAROLYN

B. MALONEY of New York, Mr. SCOTT of Virginia, Mr. GRIJALVA, Ms. 

JACKSON LEE, Mr. RYAN, Mr. LOWENTHAL, Mr. WELCH, Mr. GARCI ́A

of Illinois, Ms. WILSON of Florida, Mr. LYNCH, Mr. BROWN of Maryland, 

Mr. GARAMENDI, Mr. CARBAJAL, Mr. DESAULNIER, Mr. MALINOWSKI, 

Mrs. NAPOLITANO, Mr. COHEN, Mr. CARSON of Indiana, Ms. SHALALA, 

Mr. RUPPERSBERGER, Ms. VELA ́ZQUEZ, Mr. ESPAILLAT, Mrs. HAYES, 

Mr. HASTINGS, Ms. BROWNLEY of California, Mr. SWALWELL of California, Mr. HUFFMAN, Ms. ADAMS, Mr. BEYER, Mr. SIRES, Ms. 

MUCARSEL-POWELL, Mr. PAPPAS, Mr. CA ́RDENAS, Mr. CICILLINE, Mr. 

SABLAN, Ms. CRAIG, Mr. HIGGINS of New York, Mr. TRONE, Mr. 

HORSFORD, Mr. ROUDA, Mr. JOHNSON of Georgia, Mr. PASCRELL, Mrs. 

TRAHAN, Mrs. LAWRENCE, Ms. SCHAKOWSKY, Mr. BISHOP of Georgia, 

Mr. TONKO, Mr. LARSON of Connecticut, Mr. MORELLE, Mr. CONNOLLY, 

Mr. EVANS, Ms. FRANKEL, Ms. DAVIDS of Kansas, Mr. SUOZZI, Ms. 

WASSERMAN SCHULTZ, Ms. CLARKE of New York, Mr. COURTNEY, Mr. 

LUJA ́N, Ms. DEAN, Ms. ROYBAL-ALLARD, Mr. CUELLAR, Mr. KILDEE, 

Ms. BONAMICI, Mrs. DINGELL, Ms. UNDERWOOD, Mr. HECK, Ms. 

BARRAGA ́N, Mr. PRICE of North Carolina, Mr. LARSEN of Washington, 

Mr. PAYNE, Mr. BLUMENAUER, Ms. MATSUI, Mr. MICHAEL F. DOYLE

of Pennsylvania, Mr. DAVID SCOTT of Georgia, Ms. PLASKETT, Ms. 

WILD, Mr. TAKANO, Mr. DANNY K. DAVIS of Illinois, Ms. MOORE, Mr. 

CISNEROS, Mr. CLEAVER, Ms. SHERRILL, Mr. SARBANES, Mr. MFUME, 


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Ms. JOHNSON of Texas, Mr. CASTEN of Illinois, Mr. RUSH, Mr. CARTWRIGHT, Mr. CASE, Ms. BLUNT ROCHESTER, Mrs. BEATTY, Mr. LANGEVIN, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. THOMPSON of 

California, Ms. PORTER, Mr. RASKIN, Ms. ESHOO, Ms. DELAURO, Ms. 

DELBENE, Mr. SCHNEIDER, Ms. SA ́NCHEZ, Mr. KIM, Mr. NORCROSS, 

Ms. CASTOR of Florida, Mr. ALLRED, Mr. MCNERNEY, Mr. 

KRISHNAMOORTHI, Ms. FUDGE, Mr. YARMUTH, Mr. VELA, Mrs. WATSON

COLEMAN, Mr. HIMES, Ms. GARCIA of Texas, Mr. SEAN PATRICK MALONEY of New York, Mr. GOTTHEIMER, Mr. STANTON, Mr. CORREA, Ms. 

HAALAND, Mr. MCEACHIN, Ms. DEGETTE, Mr. MEEKS, Mr. PERLMUTTER, Mr. VEASEY, and Mr. LAMB

JUNE 26, 2020 

Reported with an amendment; committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 11, 2020] 

A BILL 

To authorize funds for Federal-aid highways, highway safety 

programs, and transit programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In3 vesting in a New Vision for the Environment and Surface 

4 Transportation in America Act’’ or the ‘‘INVEST in Amer5 ica Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

DIVISION A—FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR 

FISCAL YEAR 2021 

Sec. 101. Extension of Federal surface transportation programs. 

Sec. 102. Federal Highway Administration. 

Sec. 103. Federal Transit Administration. 

Sec. 104. National Highway Traffic Safety Administration. 

Sec. 105. Federal Motor Carrier Safety Administration. 

Sec. 106. Definitions. 

DIVISION B—SURFACE TRANSPORTATION 

Sec. 1001. Applicability of division. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Program Conditions 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation limitation. 

Sec. 1103. Definitions and declaration of policy. 

Sec. 1104. Apportionment. 

Sec. 1105. Additional deposits into Highway Trust Fund. 

Sec. 1106. Transparency. 

Sec. 1107. Complete and context sensitive street design. 

Sec. 1108. Innovative project delivery Federal share. 

Sec. 1109. Transferability of Federal-aid highway funds. 

Sec. 1110. Tolling. 

Sec. 1111. HOV facilities. 

Sec. 1112. Buy America. 

Sec. 1113. Federal-aid highway project requirements. 

Sec. 1114. State assumption of responsibility for categorical exclusions. 

Sec. 1115. Surface transportation project delivery program written agreements. 

Sec. 1116. Corrosion prevention for bridges. 

Sec. 1117. Sense of Congress. 

Subtitle B—Programmatic Infrastructure Investment 

Sec. 1201. National highway performance program. 

Sec. 1202. Increasing the resilience of transportation assets. 


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Sec. 1203. Emergency relief. 

Sec. 1204. Railway crossings. 

Sec. 1205. Surface transportation program. 

Sec. 1206. Transportation alternatives program. 

Sec. 1207. Bridge investment. 

Sec. 1208. Construction of ferry boats and ferry terminal facilities. 

Sec. 1209. Highway safety improvement program. 

Sec. 1210. Congestion mitigation and air quality improvement program. 

Sec. 1211. Electric vehicle charging stations. 

Sec. 1212. National highway freight program. 

Sec. 1213. Carbon pollution reduction. 

Sec. 1214. Recreational trails. 

Sec. 1215. Safe routes to school program. 

Sec. 1216. Bicycle transportation and pedestrian walkways. 

Subtitle C—Project-Level Investments 

Sec. 1301. Projects of national and regional significance. 

Sec. 1302. Community transportation investment grant program. 

Sec. 1303. Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st century. 

Sec. 1304. Community climate innovation grants. 

Sec. 1305. Metro performance program. 

Sec. 1306. Gridlock reduction grant program. 

Sec. 1307. Rebuild rural grant program. 

Sec. 1308. Parking for commercial motor vehicles. 

Sec. 1309. Active transportation connectivity grant program. 

Subtitle D—Planning, Performance Management, and Asset Management 

Sec. 1401. Metropolitan transportation planning. 

Sec. 1402. Statewide and nonmetropolitan transportation planning. 

Sec. 1403. National goals and performance management measures. 

Sec. 1404. Transportation demand data and modeling study. 

Sec. 1405. Fiscal constraint on long-range transportation plans. 

Subtitle E—Federal Lands, Tribes, and Territories 

Sec. 1501. Territorial and Puerto Rico highway program. 

Sec. 1502. Tribal transportation program. 

Sec. 1503. Tribal High Priority Projects program. 

Sec. 1504. Federal lands transportation program. 

Sec. 1505. Federal lands and Tribal major projects program. 

Sec. 1506. Office of Tribal Government Affairs. 

Sec. 1507. Alternative contracting methods. 

Sec. 1508. Divestiture of federally owned bridges. 

Sec. 1509. Study on Federal funding available to Indian Tribes. 

Sec. 1510. GAO study. 

Subtitle F—Additional Provisions 

Sec. 1601. Vision zero. 

Sec. 1602. Speed limits. 

Sec. 1603. Broadband infrastructure deployment. 

Sec. 1604. Balance Exchanges for Infrastructure Program. 

Sec. 1605. Stormwater best management practices. 

Sec. 1606. Pedestrian facilities in the public right-of-way. 


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Sec. 1607. Highway formula modernization report. 

Sec. 1608. Consolidation of programs. 

Sec. 1609. Student outreach report to Congress. 

Sec. 1610. Task force on developing a 21st century surface transportation workforce. 

Sec. 1611. On-the-job training and supportive services. 

Sec. 1612. Work zone safety. 

Sec. 1613. Transportation education development program. 

Sec. 1614. Working group on construction resources. 

Sec. 1615. Numbering system of highway interchanges. 

Sec. 1616. Toll credits. 

Sec. 1617. Transportation construction materials procurement. 

Sec. 1618. Construction of certain access and development roads. 

Sec. 1619. Nationwide road safety assessment. 

Sec. 1620. Wildlife crossings. 

Sec. 1621. Climate resilient transportation infrastructure study. 

Sec. 1622. Elimination of duplication of environmental reviews and approvals. 

Sec. 1623. AMBER Alerts along major transportation routes. 

Sec. 1624. Natural gas, electric battery, and zero emission vehicles. 

Sec. 1625. Guidance on evacuation routes. 

Sec. 1626. Prohibiting use of Federal funds for payments in support of congressional campaigns. 

Sec. 1627. High priority corridors on National Highway System. 

Sec. 1628. Guidance on inundated and submerged roads. 

Sec. 1629. Airport innovative financing techniques. 

TITLE II—PUBLIC TRANSPORTATION 

Subtitle A—Federal Transit Administration 

Sec. 2101. Authorizations. 

Sec. 2102. Chapter 53 definitions. 

Sec. 2103. General provisions. 

Sec. 2104. Miscellaneous provisions. 

Sec. 2105. Policies and purposes. 

Sec. 2106. Fiscal year 2022 formulas. 

Sec. 2107. Metropolitan transportation planning. 

Sec. 2108. Statewide and nonmetropolitan transportation planning. 

Sec. 2109. Obligation limitation. 

Sec. 2110. Public transportation emergency relief funds. 

Sec. 2111. General provisions. 

Sec. 2112. Certification requirements. 

Subtitle B—Improving Frequency and Ridership 

Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive grants. 

Sec. 2202. Incentivizing frequency in the urban formula. 

Sec. 2203. Mobility innovation. 

Sec. 2204. Formula grants for rural areas. 

Sec. 2205. One-stop paratransit program. 

Subtitle C—Buy America and Other Procurement Reforms 

Sec. 2301. Buy America. 

Sec. 2302. Bus procurement streamlining. 

Sec. 2303. Bus testing facility. 

Sec. 2304. Repayment requirement. 


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Sec. 2305. Definition of urbanized areas following a major disaster. 

Sec. 2306. Special rule for certain rolling stock procurements. 

Sec. 2307. Certification requirements. 

Subtitle D—Bus Grant Reforms 

Sec. 2401. Formula grants for buses. 

Sec. 2402. Bus facilities and fleet expansion competitive grants. 

Sec. 2403. Zero emission bus grants. 

Sec. 2404. Restoration to state of good repair formula subgrant. 

Subtitle E—Supporting All Riders 

Sec. 2501. Low-income urban formula funds. 

Sec. 2502. Rural persistent poverty formula. 

Sec. 2503. Demonstration grants to support reduced fare transit. 

Subtitle F—Supporting Frontline Workers and Passenger Safety 

Sec. 2601. National transit frontline workforce training center. 

Sec. 2602. Public transportation safety program. 

Sec. 2603. Innovation workforce standards. 

Sec. 2604. Safety performance measures and set asides. 

Sec. 2605. U.S. Employment Plan. 

Sec. 2606. Technical assistance and workforce development. 

Subtitle G—Transit-Supportive Communities 

Sec. 2701. Transit-supportive communities. 

Sec. 2702. Property disposition for affordable housing. 

Sec. 2703. Affordable housing incentives in capital investment grants. 

Subtitle H—Innovation 

Sec. 2801. Mobility innovation sandbox program. 

Sec. 2802. Transit bus operator compartment redesign program. 

Sec. 2803. Federal Transit Administration Every Day Counts initiative. 

Sec. 2804. Technical corrections. 

Sec. 2805. National advanced technology transit bus development program. 

Subtitle I—Other Program Reauthorizations 

Sec. 2901. Reauthorization for capital and preventive maintenance projects for 

Washington Metropolitan Area Transit Authority. 

Sec. 2902. Other apportionments. 

Subtitle J—Streamlining 

Sec. 2911. Fixed guideway capital investment grants. 

Sec. 2912. Rural and small urban apportionment deadline. 

Sec. 2913. Disposition of assets beyond useful life. 

Sec. 2914. Innovative coordinated access and mobility. 

Sec. 2915. Passenger ferry grants. 

Sec. 2916. Evaluation of benefits and Federal investment. 

TITLE III—HIGHWAY TRAFFIC SAFETY 

Sec. 3001. Authorization of appropriations. 

Sec. 3002. Highway safety programs. 


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Sec. 3003. Traffic safety enforcement grants. 

Sec. 3004. Highway safety research and development. 

Sec. 3005. Grant program to prohibit racial profiling. 

Sec. 3006. High-visibility enforcement program. 

Sec. 3007. National priority safety programs. 

Sec. 3008. Minimum penalties for repeat offenders for driving while intoxicated 

or driving under the influence. 

Sec. 3009. National priority safety program grant eligibility. 

Sec. 3010. Implicit bias research and training grants. 

Sec. 3011. Stop motorcycle checkpoint funding. 

Sec. 3012. Electronic driver’s license. 

Sec. 3013. Motorcyclist Advisory Council. 

TITLE IV—MOTOR CARRIER SAFETY 

Subtitle A—Motor Carrier Safety Grants, Operations, and Programs 

Sec. 4101. Motor carrier safety grants. 

Sec. 4102. Motor carrier safety operations and programs. 

Sec. 4103. Immobilization grant program. 

Sec. 4104. Dry bulk weight tolerance. 

Subtitle B—Motor Carrier Safety Oversight 

Sec. 4201. Motor carrier safety advisory committee. 

Sec. 4202. Compliance, safety, accountability. 

Sec. 4203. Terms and conditions for exemptions. 

Sec. 4204. Safety fitness of motor carriers of passengers. 

Sec. 4205. Providers of recreational activities. 

Sec. 4206. Amendments to regulations relating to transportation of household 

goods in interstate commerce. 

Subtitle C—Commercial Motor Vehicle Driver Safety 

Sec. 4301. Commercial driver’s license for passenger carriers. 

Sec. 4302. Alcohol and controlled substances testing. 

Sec. 4303. Entry-level driver training. 

Sec. 4304. Driver detention time. 

Sec. 4305. Truck Leasing Task Force. 

Sec. 4306. Hours of service. 

Sec. 4307. Driver recruitment. 

Sec. 4308. Screening for obstructive sleep apnea. 

Sec. 4309. Women of Trucking Advisory Board. 

Subtitle D—Commercial Motor Vehicle and Schoolbus Safety 

Sec. 4401. Schoolbus safety standards. 

Sec. 4402. Illegal passing of schoolbuses. 

Sec. 4403. State inspection of passenger-carrying commercial motor vehicles. 

Sec. 4404. Automatic emergency braking. 

Sec. 4405. Underride protection. 

Sec. 4406. Transportation of horses. 

Sec. 4407. Additional State authority. 

Sec. 4408. Updating the required amount of insurance for commercial motor vehicles. 


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TITLE V—INNOVATION 

Sec. 5001. Authorization of appropriations. 

Subtitle A—Research and Development 

Sec. 5101. Highway research and development program. 

Sec. 5102. Materials to reduce greenhouse gas emissions program. 

Sec. 5103. Transportation research and development 5-year strategic plan. 

Sec. 5104. University transportation centers program. 

Sec. 5105. Unsolicited research initiative. 

Sec. 5106. National cooperative multimodal freight transportation research program. 

Sec. 5107. Wildlife-vehicle collision reduction and habitat connectivity improvement. 

Sec. 5108. Research activities. 

Sec. 5109. Innovative material innovation hubs. 

Subtitle B—Technology Deployment 

Sec. 5201. Technology and innovation deployment program. 

Sec. 5202. Accelerated implementation and deployment of pavement technologies. 

Sec. 5203. Federal Highway Administration Every Day Counts initiative. 

Subtitle C—Emerging Technologies 

Sec. 5301. Safe, efficient mobility through advanced technologies. 

Sec. 5302. Intelligent transportation systems program. 

Sec. 5303. National highly automated vehicle and mobility innovation clearinghouse. 

Sec. 5304. Study on safe interactions between automated vehicles and road users. 

Sec. 5305. Nontraditional and Emerging Transportation Technology Council. 

Sec. 5306. Hyperloop transportation. 

Sec. 5307. Surface transportation workforce retraining grant program. 

Sec. 5308. Third-party data integration pilot program. 

Sec. 5309. Third-party data planning integration pilot program. 

Subtitle D—Surface Transportation Funding Pilot Programs 

Sec. 5401. State surface transportation system funding pilots. 

Sec. 5402. National surface transportation system funding pilot. 

Subtitle E—Miscellaneous 

Sec. 5501. Ergonomic seating working group. 

Sec. 5502. Repeal of section 6314 of title 49, United States Code. 

Sec. 5503. Transportation workforce outreach program. 

Sec. 5504. Certification on ensuring no human rights abuses. 

TITLE VI—MULTIMODAL TRANSPORTATION 

Sec. 6001. National multimodal freight policy. 

Sec. 6002. National freight strategic plan. 

Sec. 6003. National multimodal freight network. 

Sec. 6004. State freight advisory committees. 

Sec. 6005. State freight plans. 

Sec. 6006. Study of freight transportation fee. 

Sec. 6007. National Surface Transportation and Innovative Finance Bureau. 


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Sec. 6008. Local hire. 

Sec. 6009. FTE cap. 

Sec. 6010. Identification of COVID–19 testing needs of critical infrastructure employees. 

TITLE VII—TRANSPORTATION INFRASTRUCTURE FINANCE AND 

INNOVATION ACT 

Sec. 7001. Transportation Infrastructure Finance and Innovation Act. 

DIVISION C—HAZARDOUS MATERIALS TRANSPORTATION 

Sec. 8001. Short title. 

TITLE I—AUTHORIZATIONS 

Sec. 8101. Authorization of appropriations. 

TITLE II—HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT 

Sec. 8201. Repeal of certain requirements related to lithium cells and batteries. 

Sec. 8202. Transportation of liquefied natural gas by rail tank car. 

Sec. 8203. Hazardous materials training requirements and grants. 

DIVISION D—RAIL 

Sec. 9001. Short title. 

TITLE I—AUTHORIZATIONS 

Sec. 9101. Authorization of appropriations. 

Sec. 9102. Passenger rail improvement, modernization, and expansion grants. 

Sec. 9103. Consolidated rail infrastructure and safety improvement grants. 

Sec. 9104. Railroad rehabilitation and improvement financing. 

Sec. 9105. Buy America. 

Sec. 9106. Rail network climate change vulnerability assessment. 

TITLE II—AMTRAK REFORMS 

Sec. 9201. Amtrak findings, mission, and goals. 

Sec. 9202. Amtrak status. 

Sec. 9203. Board of Directors. 

Sec. 9204. Amtrak preference enforcement. 

Sec. 9205. Use of facilities and providing services to Amtrak. 

Sec. 9206. Prohibition on mandatory arbitration. 

Sec. 9207. Amtrak ADA assessment. 

Sec. 9208. Prohibition on smoking on Amtrak trains. 

Sec. 9209. State-supported routes operated by Amtrak. 

Sec. 9210. Amtrak Police Department. 

Sec. 9211. Amtrak food and beverage. 

Sec. 9212. Clarification on Amtrak contracting out. 

Sec. 9213. Amtrak staffing. 

Sec. 9214. Special transportation. 

Sec. 9215. Disaster and emergency relief program. 

Sec. 9216. Recreational trail access. 

Sec. 9217. Investigation of substandard performance. 

Sec. 9218. Amtrak cybersecurity enhancement grant program. 

Sec. 9219. Amtrak and private cars. 


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Sec. 9220. Amtrak Office of Community Outreach. 

TITLE III—INTERCITY PASSENGER RAIL POLICY 

Sec. 9301. Northeast Corridor Commission. 

Sec. 9302. Northeast Corridor planning. 

Sec. 9303. Protective arrangements. 

Sec. 9304. High-speed rail funds. 

TITLE IV—COMMUTER RAIL POLICY 

Sec. 9401. Surface Transportation Board mediation of trackage use requests. 

Sec. 9402. Surface Transportation Board mediation of rights-of-way use requests. 

Sec. 9403. Chicago Union Station improvement plans. 

TITLE V—RAIL SAFETY 

Subtitle A—Passenger and Freight Safety 

Sec. 9501. National Academies study on safety impact of trains longer than 7,500 

feet. 

Sec. 9502. GAO study on changes in freight railroad operating and scheduling 

practices. 

Sec. 9503. FRA safety reporting. 

Sec. 9504. Waiver notice requirements. 

Sec. 9505. Notice of FRA comprehensive safety assessments. 

Sec. 9506. FRA accident and incident investigations. 

Sec. 9507. Rail safety improvements. 

Sec. 9508. Annual review of speed limit action plans. 

Sec. 9509. Freight train crew size safety standards. 

Sec. 9510. Safe cross border operations. 

Sec. 9511. Yardmasters hours of service. 

Sec. 9512. Leaking brakes. 

Sec. 9513. Annual report on PTC system failures. 

Sec. 9514. Fatigue reduction pilot projects. 

Sec. 9515. Assault prevention and response plans. 

Sec. 9516. Critical incident stress plans. 

Sec. 9517. Study on safety culture assessments. 

Subtitle B—Grade Crossing Safety 

Sec. 9551. Grade crossing separation grants. 

Sec. 9552. Rail safety public awareness grants. 

Sec. 9553. Establishment of 10-minute time limit for blocking public grade crossings. 

Sec. 9554. National strategy to address blocked crossings. 

Sec. 9555. Railroad point of contact for blocked crossing matters. 

Sec. 9556. National highway-rail crossing inventory review. 

Sec. 9557. Counting railroad suicides. 

DIVISION E—ADDITIONAL PROGRAMS 

Sec. 10001. National scenic byways program. 


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1 DIVISION A—FEDERAL SURFACE 

2 TRANSPORTATION PRO3 GRAMS FOR FISCAL YEAR 2021 

4 SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPOR5 TATION PROGRAMS. 

6 (a) EXTENSION OF FEDERAL SURFACE TRANSPOR7 TATION PROGRAMS.— 

8 (1) IN GENERAL.—Except as otherwise provided 

9 in this division, the requirements, authorities, condi10 tions, eligibilities, limitations, and other provisions 

11 authorized under the covered laws, which would other12 wise expire on or cease to apply after September 30, 

13 2020, are incorporated by reference and shall con14 tinue in effect through September 30, 2021. 

15 (2) AUTHORIZATION OF APPROPRIATIONS.— 

16 (A) HIGHWAY TRUST FUND.— 

17 (i) HIGHWAY ACCOUNT.— 

18 (I) IN GENERAL.—Except as pro19 vided in subclause (II), there is author20 ized to be appropriated from the High21 way Account for fiscal year 2021, for 

22 each program under the covered laws 

23 with respect to which amounts are au24 thorized to be appropriated from such 

25 account for fiscal year 2020, an 


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1 amount equal to the amount author2 ized for appropriation with respect to 

3 the program from such account for fis4 cal year 2020. 

5 (II) ADMINISTRATIVE EX6 PENSES.—Notwithstanding any other 

7 provision of this division, there is au8 thorized to be appropriated from the 

9 Highway Account for fiscal year 

10 2021— 

11 (aa) $502,897,049 for admin12 istrative expenses of the Federal 

13 Highway Administration, as de14 scribed in section 104(a) of title 

15 23, United States Code; and 

16 (bb) $30,086,000 for grant 

17 administrative expenses of the Na18 tional Highway Traffic Safety 

19 Administration, as described in 

20 section 4001(a)(6) of the FAST 

21 Act (Public Law 114–94). 

22 (ii) MASS TRANSIT ACCOUNT.—There 

23 is authorized to be appropriated from the 

24 Mass Transit Account for fiscal year 2021, 

25 for each program under the covered laws 


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1 with respect to which amounts are author2 ized to be appropriated from such account 

3 for fiscal year 2020, an amount equal to the 

4 amount authorized for appropriation with 

5 respect to the program from such account 

6 for fiscal year 2020. 

7 (B) GENERAL FUND.— 

8 (i) IN GENERAL.—Except as provided 

9 in clause (ii), there is authorized to be ap10 propriated for fiscal year 2021, for each 

11 program with respect to which amounts are 

12 authorized to be appropriated for fiscal year 

13 2020 from an account other than the High14 way Account or the Mass Transit Account 

15 under the titles described in subsection 

16 (b)(1), an amount not less than the amount 

17 authorized for appropriation with respect to 

18 the program under such titles for fiscal year 

19 2020. 

20 (ii) ADMINISTRATIVE EXPENSES.—Not21 withstanding any other provision of this di22 vision, there is authorized to be appro23 priated from the general fund of the Treas24 ury for fiscal year 2021 $140,016,543 for 


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1 administrative expenses of the Federal 

2 Transit Administration. 

3 (3) USE OF FUNDS.—Except as otherwise pro4 vided in this division, amounts authorized to be ap5 propriated for fiscal year 2021 with respect to a pro6 gram under paragraph (2) shall be distributed, ad7 ministered, limited, and made available for obligation 

8 in the same manner as amounts authorized to be ap9 propriated with respect to the program for fiscal year 

10 2020 under the covered laws. 

11 (4) OBLIGATION LIMITATION.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (B), a program for which amounts 

14 are authorized to be appropriated under para15 graph (2)(A) shall be subject to a limitation on 

16 obligations for fiscal year 2021 in the same 

17 amount and in the same manner as the limita18 tion applicable with respect to the program for 

19 fiscal year 2020 under the Department of Trans20 portation Appropriations Act, 2020 (Public Law 

21 116–94), as in effect on December 20, 2019. 

22 (B) FEDERAL-AID HIGHWAY AND HIGHWAY

23 SAFETY CONSTRUCTION PROGRAMS.— 

24 (i) IN GENERAL.—Notwithstanding 

25 any other provision of this division, section 


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1 1102 of the FAST Act (Public Law 114– 

2 94), or the Department of Transportation 

3 Appropriations Act, 2020 (Public Law 116– 

4 94), for fiscal year 2021, the obligations for 

5 Federal-aid highway and highway safety 

6 construction programs shall not exceed 

7 $46,387,191,360. 

8 (ii) LIMITATION ON FEDERAL HIGHWAY

9 ADMINISTRATION ADMINISTRATIVE EX10 PENSES.—Notwithstanding any other provi11 sion of this division, of the amount de12 scribed in clause (i), for fiscal year 2021 an 

13 amount not to exceed $478,897,049, together 

14 with advances and reimbursements received 

15 by the Federal Highway Administration, 

16 shall be obligated for necessary expenses for 

17 administration and operation of the Federal 

18 Highway Administration. 

19 (b) DEFINITIONS.—In this section, the term ‘‘covered 

20 laws’’ means the following: 

21 (1) Titles I, III, IV, V, and VI of division A of 

22 the FAST Act (Public Law 114–94). 

23 (2) Division A, division B, subtitle A of title I 

24 and title II of division C, and division E of MAP– 

25 21 (Public Law 112–141). 


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1 (3) Titles I, II, and III of the SAFETEA–LU 

2 Technical Corrections Act of 2008 (Public Law 110– 

3 244). 

4 (4) Titles I, II, III, IV, V, and VI of SAFETEA– 

5 LU (Public Law 109–59). 

6 (5) Titles I, II, III, IV, and V of the Transpor7 tation Equity Act for the 21st Century (Public Law 

8 105–178). 

9 (6) Titles II, III, and IV of the National High10 way System Designation Act of 1995 (Public Law 

11 104–59). 

12 (7) Title I, part A of title II, title III, title IV, 

13 title V, and title VI of the Intermodal Surface Trans14 portation Efficiency Act of 1991 (Public Law 102– 

15 240). 

16 (8) Title 23, United States Code. 

17 (9) Sections 116, 117, 330, and 5505 and chap18 ters 53, 139, 303, 311, 313, 701, and 702 of title 49, 

19 United States Code. 

20 SEC. 102. FEDERAL HIGHWAY ADMINISTRATION. 

21 (a) ADDITIONAL AMOUNTS.— 

22 (1) AUTHORIZATION OF APPROPRIATIONS.— 

23 (A) IN GENERAL.—In addition to amounts 

24 authorized under section 101, there is authorized 

25 to be appropriated from the Highway Account 


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1 for fiscal year 2021, for activities under this sec2 tion, $14,742,808,640. 

3 (B) CONTRACT AUTHORITY.—Amounts au4 thorized to be appropriated under subparagraph 

5 (A) shall be available for obligation as if appor6 tioned under chapter 1 of title 23, United States 

7 Code. 

8 (2) OBLIGATION CEILING.— 

9 (A) IN GENERAL.—Notwithstanding any 

10 other provision of law, for fiscal year 2021, obli11 gations for activities authorized under para12 graph (1) shall not exceed $14,742,808,640. 

13 (B) DISTRIBUTION OF OBLIGATION AUTHOR14 ITY.— 

15 (i) IN GENERAL.—Of the obligation au16 thority provided under subparagraph (A), 

17 the Secretary shall make available to States, 

18 Tribes, Puerto Rico, the territories, and 

19 Federal land management agencies, during 

20 the period of fiscal year 2021, amounts of 

21 obligation authority equal to the amounts 

22 described in subparagraphs (A) through (E) 

23 of paragraph (3), respectively. 

24 (ii) FURTHER DISTRIBUTION.—Each 

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1 tory, and each Federal land management 

2 agency receiving funds under subpara3 graphs (A) through (E) of paragraph (3), 

4 respectively, shall receive an amount of obli5 gation authority equal to the funds that it 

6 receives under any of such subparagraphs. 

7 (C) REDISTRIBUTION OF UNUSED OBLIGA8 TION AUTHORITY.— 

9 (i) IN GENERAL.—Notwithstanding 

10 subparagraph (B), the Secretary shall, after 

11 August 1 of fiscal year 2021— 

12 (I) revise a distribution of the ob13 ligation authority made available 

14 under subparagraph (B) if an amount 

15 distributed cannot be obligated during 

16 that fiscal year; and 

17 (II) redistribute sufficient 

18 amounts to those States able to obligate 

19 amounts in addition to those pre20 viously distributed during that fiscal 

21 year, giving priority to those States 

22 having large unobligated balances of 

23 funds apportioned under sections 144 

24 (as in effect on the day before the date 

25 of enactment of MAP–21 (Public Law 


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1 112–141)) and 104 of title 23, United 

2 States Code. 

3 (ii) ADMINISTRATION.—The Secretary 

4 shall administer a redistribution under 

5 clause (i) of obligation authority provided 

6 under subparagraph (B) in a similar man7 ner as the standard August redistribution. 

8 (iii) USE OF OBLIGATION AUTHOR9 ITY.—A State may use obligation authority 

10 that it receives pursuant to this subpara11 graph in the same manner that it uses obli12 gation authority that it receives as part of 

13 the standard August redistribution. 

14 (3) DISTRIBUTION OF FUNDS.—Amounts author15 ized to be appropriated for fiscal year 2021 under 

16 paragraph (1) shall be distributed as follows: 

17 (A) $14,384,629,710 to the States. 

18 (B) $167,481,814 to Tribes. 

19 (C) $52,400,251 to Puerto Rico. 

20 (D) $13,929,181 to the territories. 

21 (E) $124,367,684 to Federal land manage22 ment agencies. 

23 (4) STATE FUNDS.— 

24 (A) DISTRIBUTION.— 


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1 (i) IN GENERAL.—Amounts made 

2 available under paragraph (3)(A) shall be 

3 distributed among the States in the same 

4 ratio as total State apportionments under 

5 section 104(c)(1) of title 23, United States 

6 Code, in fiscal year 2020. 

7 (ii) SUBALLOCATION.— 

8 (I) IN GENERAL.—Amounts dis9 tributed among the States under clause 

10 (i) shall be suballocated within the 

11 State to an area described in subclause 

12 (II) in the proportion that— 

13 (aa) the total amount of 

14 funds suballocated to such area of 

15 the State as described in such sub16 clause for fiscal year 2020; bears 

17 to 

18 (bb) the total amount of 

19 funds apportioned to the State for 

20 the Federal-aid highway program 

21 under section 104 of title 23, 

22 United States Code, for fiscal year 

23 2020. 

24 (II) AREAS DESCRIBED.—The 

25 areas described in this subclause are— 


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1 (aa) urbanized areas of the 

2 State with an urbanized area 

3 population of over 200,000; 

4 (bb) areas of the State other 

5 than urban areas with a popu6 lation greater than 5,000; and 

7 (cc) other areas of the State. 

8 (B) TREATMENT.—Except as otherwise pro9 vided in this paragraph, amounts made avail10 able under paragraph (3)(A) shall be adminis11 tered as if apportioned under chapter 1 of title 

12 23, United States Code. 

13 (C) USE OF FUNDS.—Amounts made avail14 able under paragraph (3)(A) may be obligated 

15 for— 

16 (i) eligible projects described in section 

17 133(b) of title 23, United States Code, sub18 ject to section 133(c) of such title; and 

19 (ii) administrative expenses, including 

20 salaries and benefits, of— 

21 (I) the State department of trans22 portation; 

23 (II) a local transportation agency; 

24 or 


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1 (III) a metropolitan planning or2 ganization. 

3 (5) TRIBAL FUNDS.— 

4 (A) TREATMENT.— 

5 (i) IN GENERAL.—Except as otherwise 

6 provided in this paragraph, amounts made 

7 available under paragraph (3)(B) shall be 

8 administered as if made available under 

9 section 202 of title 23, United States Code. 

10 (ii) NONAPPLICABILITY OF CERTAIN

11 PROVISIONS OF LAW.—Subsections (a)(6), 

12 (c), (d), and (e) of section 202 of title 23, 

13 United States Code, shall not apply to 

14 amounts made available under paragraph 

15 (3)(B). 

16 (B) USE OF FUNDS.—Amounts made avail17 able under paragraph (3)(B) may be obligated 

18 for— 

19 (i) activities eligible under section 

20 202(a)(1) of title 23, United States Code; 

21 and 

22 (ii) transportation-related administra23 tive expenses, including salaries and bene24 fits, of the Tribe. 


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1 (6) FUNDS FOR PUERTO RICO AND THE TERRI2 TORIES.— 

3 (A) TREATMENT.— 

4 (i) IN GENERAL.—Except as otherwise 

5 provided in this paragraph, amounts made 

6 available under paragraphs (3)(C) and 

7 (3)(D) shall be administered as if allocated 

8 under sections 165(b) and 165(c), respec9 tively, of title 23, United States Code. 

10 (ii) NONAPPLICABILITY OF CERTAIN

11 PROVISIONS OF LAW.—Section 165(b)(2) of 

12 title 23, United States Code, shall not apply 

13 to amounts made available to Puerto Rico 

14 under paragraph (3)(C). 

15 (B) USE OF FUNDS.— 

16 (i) PUERTO RICO.—Amounts made 

17 available to Puerto Rico under paragraph 

18 (3)(C) may be obligated for— 

19 (I) activities eligible under chap20 ter 1 of title 23, United States Code; 

21 and 

22 (II) transportation related admin23 istrative expenses, including salaries 

24 and benefits. 


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1 (ii) TERRITORIES.—Amounts made 

2 available to a territory under paragraph 

3 (3)(D) may be obligated for— 

4 (I) activities eligible under section 

5 165(c)(6) of title 23, United States 

6 Code, subject to section 165(c)(7) of 

7 such title; and 

8 (II) transportation-related admin9 istrative expenses, including salaries 

10 and benefits. 

11 (7) FEDERAL LAND MANAGEMENT AGENCY

12 FUNDS.— 

13 (A) DISTRIBUTION.—Amounts made avail14 able under paragraph (3)(E) shall be distributed 

15 among the Federal land management agencies as 

16 follows: 

17 (i) $99,494,147 for the National Park 

18 Service. 

19 (ii) $9,949,415 for the United States 

20 Fish and Wildlife Service. 

21 (iii) $6,301,296 for the United States 

22 Forest Service. 

23 (iv) $8,622,826 to be allocated to the 

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1 cies as described in section 203(b) of title 

2 23, United States Code. 

3 (B) TREATMENT.—Amounts made available 

4 under paragraph (3)(E) shall be administered as 

5 if made available under section 203 of title 23, 

6 United States Code. 

7 (8) DISADVANTAGED BUSINESS ENTERPRISES.— 

8 Section 1101(b) of the FAST Act (Public Law 114– 

9 94) shall apply to additional amounts made available 

10 under paragraph (1). 

11 (b) SPECIAL RULES FOR FISCAL YEAR 2021.— 

12 (1) SUBALLOCATED AMOUNTS.— 

13 (A) USE OF FUNDS.—Amounts authorized 

14 to be appropriated for fiscal year 2021 with re15 spect to a program under section 101(a)(2)(A) 

16 that are suballocated pursuant to section 

17 133(d)(1)(A) of title 23, United States Code, 

18 may be obligated for— 

19 (i) eligible projects as described in sec20 tion 133(b) of title 23, United States Code; 

21 or 

22 (ii) administrative expenses, including 

23 salaries and benefits, of— 

24 (I) a local transportation agency; 

25 or 


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1 (II) a metropolitan planning or2 ganization. 

3 (B) OBLIGATION AUTHORITY.— 

4 (i) IN GENERAL.—A State that is re5 quired to obligate in an urbanized area 

6 with an urbanized area population of over 

7 200,000 individuals under section 133(d) of 

8 title 23, United States Code, funds appor9 tioned to the State under section 104(b)(2) 

10 of such title shall make available during the 

11 period of fiscal years 2016 through 2021 an 

12 amount of obligation authority distributed 

13 to the State for Federal-aid highways and 

14 highway safety construction programs for 

15 use in the area that is equal to the amount 

16 obtained by multiplying— 

17 (I) the aggregate amount of funds 

18 that the State is required to obligate in 

19 the area under section 133(d) of title 

20 23, United States Code, during the pe21 riod; and 

22 (II) the ratio that— 

23 (aa) the aggregate amount of 

24 obligation authority distributed to 

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1 ways and highway safety con2 struction programs during the pe3 riod; bears to 

4 (bb) the total of the sums ap5 portioned to the State for Federal6 aid highways and highway safety 

7 construction programs (excluding 

8 sums not subject to an obligation 

9 limitation) during the period. 

10 (ii) JOINT RESPONSIBILITY.—Each 

11 State, each affected metropolitan planning 

12 organization, and the Secretary shall jointly 

13 ensure compliance with clause (i). 

14 (2) FERRY BOAT PROGRAM.—Amounts author15 ized to be appropriated for fiscal year 2021 with re16 spect to a program under section 101(a)(2)(A) that 

17 are made available for the construction of ferry boats 

18 and ferry terminal facilities under section 147 of title 

19 23, United States Code, may be obligated— 

20 (A) in accordance with sections 129(c) and 

21 147 of title 23, United States Code; 

22 (B) for administrative expenses, including 

23 salaries and benefits, of a ferry boat operator or 

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1 eral participation under section 129(c) of title 

2 23, United States Code; and 

3 (C) for operating costs associated with a 

4 ferry boat or ferry terminal facility eligible for 

5 Federal participation under section 129(c) of 

6 title 23, United States Code. 

7 (3) NATIONALLY SIGNIFICANT FREIGHT AND

8 HIGHWAY PROJECTS.—In fiscal year 2021, the pro9 gram carried out under section 117 of title 23, United 

10 States Code, shall, in addition to any otherwise ap11 plicable requirements, be subject to the following pro12 visions: 

13 (A) MULTIMODAL PROJECTS.—Notwith14 standing subsection (d)(2)(A) of such section, the 

15 limitation for projects described in such sub16 section shall be $600,000,000 for fiscal years 

17 2016 through 2021. 

18 (B) ADDITIONAL CONSIDERATIONS.—Not19 withstanding subsection (h)(2) of such section, 

20 the Secretary shall not consider the utilization of 

21 non-Federal contributions. 

22 (C) EVALUATION AND RATING.—To evaluate 

23 applications for funding under such section, the 

24 Secretary shall— 


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1 (i) determine whether a project is eligi2 ble for a grant under such section; 

3 (ii) evaluate, through a methodology 

4 that is discernible and transparent to the 

5 public, how each application addresses the 

6 merit criteria established by the Secretary; 

7 (iii) assign a quality rating for each 

8 merit criteria for each application based on 

9 the evaluation under clause (ii); 

10 (iv) ensure that applications receive 

11 final consideration by the Secretary to re12 ceive an award under such section only on 

13 the basis of such quality ratings and that 

14 the Secretary gives final consideration only 

15 to applications that meet the minimally ac16 ceptable level for each of the merit criteria; 

17 and 

18 (v) award grants only to projects rated 

19 highly under the evaluation and rating 

20 process. 

21 (D) PUBLICATION AND METHODOLOGY.—In 

22 any published notice of funding opportunity for 

23 a grant under such section, the Secretary shall 

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1 odology and merit criteria to be used to evaluate 

2 applications. 

3 (E) REPEAT APPLICATIONS.— 

4 (i) BRIEFING.—The Secretary shall 

5 provide to each applicant that applied for, 

6 but did not receive, funding under such sec7 tion in fiscal year 2019 or 2020, at the re8 quest of the applicant, the opportunity to 

9 receive a briefing to— 

10 (I) explain any reasons the appli11 cation was not selected for funding; 

12 and 

13 (II) advise the applicant on how 

14 to improve the application for resub15 mission in fiscal year 2021 under the 

16 application criteria described in this 

17 paragraph. 

18 (ii) SUPPLEMENTARY APPLICATION.— 

19 (I) IN GENERAL.—An applicant 

20 for funding under such section may 

21 elect to resubmit an application from a 

22 previous solicitation with a supple23 mentary appendix that describes how 

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1 ments of section 117 of title 23, United 

2 States Code, and this paragraph. 

3 (II) REQUIREMENTS.—The Sec4 retary shall ensure that applications 

5 submitted under subclause (I), includ6 ing the supplementary appendix, are 

7 evaluated based on such requirements. 

8 (F) CONGRESSIONAL NOTIFICATION.—A no9 tification submitted pursuant to subsection (m) 

10 of such section shall include— 

11 (i) a summary of each application sub12 mitted and, at the request of either Com13 mittee, a copy of any application sub14 mitted; 

15 (ii) a list of any projects the Secretary 

16 determined were not eligible for funding; 

17 (iii) a description of the specific cri18 teria used for each evaluation, including the 

19 quality rating assigned for each eligible ap20 plication submitted; 

21 (iv) a list of all projects that advanced 

22 to the Secretary for consideration; and 

23 (v) a detailed justification of the basis 

24 for each award proposed to be selected. 

25 (c) FEDERAL SHARE.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (3) and notwithstanding section 120 of title 23, 

3 United States Code, or any other provision of this di4 vision, the Federal share associated with funds de5 scribed in paragraph (2) that are obligated during 

6 fiscal year 2021 may be up to 100 percent. 

7 (2) FUNDS DESCRIBED.—The funds described in 

8 this paragraph are funds made available for the im9 plementation or execution of Federal-aid highway 

10 and highway safety construction programs authorized 

11 under title 23 or 49, United States Code, the FAST 

12 Act (Public Law 114–94), or this division. 

13 (3) EXCEPTIONS.—Paragraph (1) shall not 

14 apply to amounts obligated under section 115 or 117 

15 of title 23, United States Code, or chapter 6 of such 

16 title. 

17 (d) ADMINISTRATIVE EXPENSES.— 

18 (1) SELF-CERTIFICATION AND AUDIT.— 

19 (A) IN GENERAL.—Prior to the obligation of 

20 funds for administrative expenses pursuant to 

21 paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or 

22 (6)(B)(ii)(II) of subsection (a) or paragraphs 

23 (1)(A)(ii) and (2)(B) of subsection (b), a State, 

24 a Tribe, Puerto Rico, or a territory, as applica25 ble, shall certify to the Secretary that such adVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 ministrative expenses meet the requirements of 

2 such paragraphs, as applicable. 

3 (B) AUDIT.—The Secretary may conduct an 

4 audit to review obligations of funds and liquida5 tion of such obligations for eligible administra6 tive expenses described under subparagraph (A). 

7 (2) PLANNING.—Notwithstanding any other pro8 vision of law, administrative expenses described in 

9 paragraph (1)(A) shall not be required to be included 

10 in a metropolitan transportation plan, a long-range 

11 statewide transportation plan, a transportation im12 provement program, or a statewide transportation 

13 improvement program under sections 134 or 135 of 

14 title 23, United States Code, or chapter 53 of title 49, 

15 United States Code, as applicable. 

16 (e) DEFINITIONS.—In this section, the following defini17 tions apply: 

18 (1) STANDARD AUGUST REDISTRIBUTION.—The 

19 term ‘‘standard August redistribution’’ means the re20 distribution of obligation authority that the Secretary 

21 is directed to administer under— 

22 (A) section 1102(d) of the FAST Act (Pub23 lic Law 114–94); or 


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1 (B) any Act making appropriations for the 

2 Department of Transportation for fiscal year 

3 2021. 

4 (2) STATE.—The term ‘‘State’’ means the 50 

5 States and the District of Columbia. 

6 (3) TERRITORY.—The term ‘‘territory’’ means 

7 any of the following territories of the United States: 

8 (A) American Samoa. 

9 (B) The Commonwealth of the Northern 

10 Mariana Islands. 

11 (C) Guam. 

12 (D) The United States Virgin Islands. 

13 (4) URBAN AREA; URBANIZED AREA.—The terms 

14 ‘‘urban area’’ and ‘‘urbanized area’’ have the mean15 ings given such terms in section 101 of title 23, 

16 United States Code. 

17 SEC. 103. FEDERAL TRANSIT ADMINISTRATION. 

18 (a) ADDITIONAL AMOUNTS.— 

19 (1) AUTHORIZATION OF APPROPRIATIONS FROM

20 MASS TRANSIT ACCOUNT.— 

21 (A) IN GENERAL.—In addition to amounts 

22 authorized under section 101, there is authorized 

23 to be appropriated from the Mass Transit Ac24 count for fiscal year 2021, for activities under 

25 this section, $5,794,851,538. 


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1 (B) APPORTIONMENT.—Amounts authorized 

2 under subparagraph (A) shall be apportioned in 

3 accordance with section 5310, section 5311 (other 

4 than subsections (b)(3), (c)(1)(A), and (c)(2) of 

5 such section), section 5336 (other than subsection 

6 (h)(4) of such section), section 5337, and section 

7 5340 of title 49, United States Code, except that 

8 funds apportioned under section 5337 of such 

9 title shall be added to funds apportioned under 

10 section 5307 of such title for administration 

11 under section 5307 of such title. 

12 (C) ALLOCATION.—The Secretary shall allo13 cate the amounts authorized to be appropriated 

14 to sections 5307, 5310, 5311, 5337, and 5340 of 

15 title 49, United States Code, among such sections 

16 in the same ratio as funds are provided in the 

17 fiscal year 2020 appropriations. 

18 (D) OBLIGATION LIMITATION.—Notwith19 standing any other provision of law, for fiscal 

20 year 2021, obligations for activities authorized 

21 under this paragraph shall not exceed 

22 $5,794,851,538. 

23 (2) AUTHORIZATION OF APPROPRIATIONS FROM

24 GENERAL FUND.—In addition to amounts authorized 


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1 under section 101(a)(1)(B), there is authorized to be 

2 appropriated from the general fund of the Treasury— 

3 (A) $958,000,000 to carry out section 5309 

4 of title 49, United States Code; and 

5 (B) such sums as may be necessary to be 

6 made available as described in subsection (c) and 

7 that such sums shall be designated by the Con8 gress as being for an emergency requirement pur9 suant to section 251(b)(2)(A)(i) of the Balanced 

10 Budget and Emergency Deficit Control Act of 

11 1985. 

12 (3) DISADVANTAGED BUSINESS ENTERPRISES.— 

13 Section 1101(b) of the FAST Act (Public Law 114– 

14 94) shall apply to additional amounts made available 

15 under this subsection. 

16 (b) SPECIAL RULES FOR FISCAL YEAR 2021.— 

17 (1) USE OF FUNDS.—Notwithstanding 

18 5307(a)(1) of title 49, United States Code, amounts 

19 made available under subsection (a)(1)(A) may be ob20 ligated for— 

21 (A) operating expenses, including, begin22 ning on January 20, 2020— 

23 (i) reimbursement for operating costs 

24 to maintain service and offset lost revenue, 


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1 including the purchase of personal protec2 tive equipment; and 

3 (ii) paying the administrative leave of 

4 operations personnel due to reductions in 

5 service; and 

6 (B) any other activity eligible under section 

7 5307, 5310, 5311, or 5337 of title 49, United 

8 States Code. 

9 (2) CONDITIONS.—Recipients use of funds under 

10 paragraph (1) shall— 

11 (A) not require that operating expenses de12 scribed in paragraph (1)(A) be included in a 

13 metropolitan transportation plan, long-range 

14 statewide transportation plan, a transportation 

15 improvement program, or a statewide transpor16 tation improvement program; 

17 (B) meet the requirements of section 5333 of 

18 title 49, United States Code; and 

19 (C) to the maximum extent possible, be di20 rected to payroll and public transit service, un21 less the recipient certifies to the Secretary that 

22 such recipient has not furloughed any employees. 

23 (3) OVERSIGHT.— 

24 (A) Of the amounts made available to carry 

25 out this section, the percentages available for 


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1 oversight in section 5338(f)(1) of title 49, United 

2 States Code, shall apply to the allocations of 

3 funds in subsection (a)(1)(C). 

4 (B) USE OF FUNDS.—Amounts made avail5 able under subsection (a)(1)(A) shall be available 

6 for administrative expenses and program man7 agement oversight as authorized under sections 

8 5334 and 5338(f)(2) of title 49, United States 

9 Code. 

10 (4) ADMINISTRATION OF GRANTS.—Amounts 

11 made available under subsection (a)(1)(A) shall be 

12 administered, at the option of the recipient, as grants 

13 provided under the CARES Act (Public Law 116– 

14 136) are administered. 

15 (c) CIG COVID–19 EMERGENCY RELIEF PROGRAM.— 

16 (1) IN GENERAL.—From amounts made avail17 able under subsection (a)(2)(B) and notwithstanding 

18 section 5309(k)(2)(C)(ii), section 5309(a)(7)(B), or 

19 section 5309(l)(1)(B)(ii) of title 49, United States 

20 Code, at the request of a project sponsor, the Secretary 

21 shall use such sums as may be necessary to provide 

22 an additional 30 percent of total project costs for any 

23 project under— 


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1 (A) 5309(d) of title 49, United States Code, 

2 that has been approved for advancement into the 

3 engineering phase; 

4 (B) 5309(e) of title 49, United States Code, 

5 that has entered into the project development 

6 phase or approved for advancement into the en7 gineering phase; 

8 (C) subsection (d) or (e) of section 5309 of 

9 title 49, United States Code, that has a full 

10 funding grant agreement entered into under ei11 ther such subsection after January 1, 2017; and 

12 (D) section 5309(h) of title 49, United 

13 States Code, that the Federal Transit Adminis14 tration has a small starts grant award or agree15 ment entered into after January, 1, 2017, or that 

16 has been recommended by the Administration for 

17 an allocation of capital investment funds that 

18 were appropriated in fiscal year 2018, 2019, or 

19 2020. 

20 (2) PROJECT ELIGIBILITY.—From amounts made 

21 available under subsection (a)(2)(B), the Secretary 

22 shall use such sums as may be necessary for projects 

23 under section 5309 of title 49, United States Code, 

24 that— 


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1 (A) are not eligible for funds made available 

2 under paragraph (1); and 

3 (B) have remaining scheduled Federal funds 

4 to be appropriated under a full funding grant 

5 agreement under such section. 

6 (3) DEFERRED LOCAL SHARE.—The Secretary 

7 shall allow a project sponsor to defer payment of the 

8 local share for any project described in paragraphs 

9 (1) and (2). 

10 (4) TOTAL PROJECT COST.—In this subsection, 

11 the term ‘‘total project cost’’ means the most recent 

12 total project cost stipulated in— 

13 (A) the full funding grant agreement; 

14 (B) the approval into project engineering; 

15 (C) the project rating for a project not yet 

16 approved into project engineering; 

17 (D) the small starts grant or grant agree18 ment; or 

19 (E) the project rating for a small starts 

20 project that has not yet been awarded a grant or 

21 grant agreement. 

22 (5) FEDERAL SHARE.—The Federal share of the 

23 costs of a project under this subsection may not exceed 

24 80 percent. 


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1 (6) APPLICATION OF LAW.—For purposes of 

2 paragraph (1), the Secretary shall apply section 

3 7001(b) of this Act when providing the additional 30 

4 percent of total project costs to any project that meets 

5 the criteria in such section. 

6 (d) FEDERAL SHARE.— 

7 (1) IN GENERAL.—Notwithstanding chapter 53 

8 of title 49, United States Code, or any other provision 

9 of this division, the Federal share associated with 

10 funds described in paragraph (2) that are obligated 

11 during fiscal year 2021 may be up to 100 percent. 

12 (2) FUNDS DESCRIBED.—The funds described in 

13 this paragraph are funds made available for the im14 plementation of transit programs authorized by chap15 ter 53 of title 49, United States Code, the FAST Act 

16 (Public Law 114–94), or this division, excluding 

17 funds made available to projects under section 5309 

18 of title 49, United States Code. 

19 (e) CONDITION FOR APPORTIONMENT.—No funds au20 thorized in this division or any other Act may be used to 

21 adjust Mass Transit Account apportionments or withhold 

22 funds from Mass Transit Account apportionments pursuant 

23 to section 9503(e)(4) of the Internal Revenue Code of 1986 

24 in fiscal year 2021. 


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1 SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS2 TRATION. 

3 (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.— 

4 (1) IN GENERAL.— 

5 (A) AUTHORIZATION OF APPROPRIA6 TIONS.—In addition to amounts authorized 

7 under section 101, there is authorized to be ap8 propriated from the Highway Account for fiscal 

9 year 2021, for activities under this subsection, 

10 $244,514,000. 

11 (B) CONTRACT AUTHORITY.—Amounts au12 thorized under subparagraph (A) shall be avail13 able for obligation in the same manner as if such 

14 funds were apportioned under chapter 1 of title 

15 23, United States Code. 

16 (C) OBLIGATION LIMITATION.—Notwith17 standing any other provision of law, for fiscal 

18 year 2021, obligations for activities authorized 

19 under this paragraph and obligations for activi20 ties authorized under section 

21 101(a)(2)(A)(i)(II)(bb) that exceed amounts au22 thorized under section 4001(a)(6) of the FAST 

23 Act (Public Law 114–94) shall not exceed 

24 $247,783,000. 


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1 (2) DISTRIBUTION OF FUNDS.—Amounts author2 ized to be appropriated for fiscal year 2021 under 

3 paragraph (1) shall be distributed as follows: 

4 (A) $105,000,000 for carrying out section 

5 402 of title 23, United States Code. 

6 (B) $15,312,000 for carrying out section 

7 403 of title 23, United States Code. 

8 (C) $19,202,000 for carrying out section 

9 404 of title 23, United States Code. 

10 (D) $105,000,000 for carrying out section 

11 405 of title 23, United States Code. 

12 (b) SPECIAL RULES FOR FISCAL YEAR 2021.— 

13 (1) FEDERAL SHARE.—Notwithstanding sections 

14 120, 405(b)(2), 405(c)(2), 405(d)(2) and 405(h)(2) of 

15 title 23, United States Code, the Federal share of ac16 tivities for fiscal year 2021 carried out under chapter 

17 4 of title 23, United States Code and section 1906 of 

18 SAFETEA–LU (23 U.S.C. 402 note) shall be 100 

19 percent. 

20 (2) PERIOD OF AVAILABILITY.—Notwithstanding 

21 section 118(b) of title 23, United States Code, funds 

22 apportioned or allocated to a State in fiscal years 

23 2017 and 2018 under sections 402 and 405 of title 23, 

24 United States Code, and section 1906 of SAFETEA– 

25 LU (23 U.S.C. 402 note), shall remain available for 


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1 obligation in that State for a period of 4 years after 

2 the last day of the fiscal year for which the funds are 

3 authorized. Notwithstanding any other provision of 

4 law, this paragraph shall apply as if such paragraph 

5 was enacted on September 30, 2020. 

6 (3) MAINTENANCE OF EFFORT.—Notwith7 standing section 405(a)(9) of title 23, United States 

8 Code, the Secretary may waive the maintenance of ef9 fort requirements under such section for fiscal year 

10 2021 for a State, if the Secretary determines appro11 priate. 

12 (4) IN-VEHICLE ALCOHOL DETECTION DEVICE

13 RESEARCH.—In carrying out subsection (h) of section 

14 403 of title 23, United States Code, the Secretary may 

15 obligate from funds made available to carry out such 

16 section for fiscal year 2021 not more than $5,312,000 

17 to conduct the research described in paragraph (1) of 

18 such subsection. 

19 (5) COOPERATIVE RESEARCH AND EVALUA20 TION.—Notwithstanding the apportionment formula 

21 set forth in section 402(c)(2) of title 23, United States 

22 Code, and section 403(f)(1) of title 23, United States 

23 Code, $2,500,000 of the total amount available for ap24 portionment to the States for highway safety pro25 grams under section 402(c)(2) of title 23, United 


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1 States Code, for each of fiscal years 2016 through 

2 2021, shall be available for expenditure by the Sec3 retary, acting through the Administrator of the Na4 tional Highway Traffic Safety Administration, for a 

5 cooperative research and evaluation program to re6 search and evaluate priority highway safety counter7 measures. This paragraph shall apply as if such 

8 paragraph was enacted on October 1, 2015. 

9 SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA10 TION. 

11 (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.— 

12 (1) AUTHORIZATION OF APPROPRIATIONS.— 

13 (A) IN GENERAL.—In addition to amounts 

14 authorized under section 101, there is authorized 

15 to be appropriated from the Highway Account 

16 for fiscal year 2021, for activities under this sub17 section, $209,900,000. 

18 (B) OBLIGATION LIMITATION.—Notwith19 standing any other provision of law, for fiscal 

20 year 2021, obligations for activities authorized 

21 under this paragraph shall not exceed 

22 $209,900,000. 

23 (2) DISTRIBUTION OF FUNDS.—Amounts author24 ized to be appropriated for fiscal year 2021 under 

25 paragraph (1) shall be distributed as follows: 


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1 (A) Subject to section 31104(c) of title 49, 

2 United States Code— 

3 (i) $80,512,000 for carrying out sec4 tion 31102 (except subsection (l)) of title 49, 

5 United States Code); 

6 (ii) $14,208,000 for carrying out sec7 tion 31102(l) of title 49, United States 

8 Code; and 

9 (iii) $23,680,000 for carrying out sec10 tion 31313 of title 49, United States Code. 

11 (B) $91,500,000 for carrying out section 

12 31110 of title 49, United States Code. 

13 (3) TREATMENT OF FUNDS.—Except as provided 

14 in subsection (b), amounts made available under this 

15 section shall be made available for obligation and ad16 ministered as if made available under chapter 311 of 

17 title 49, United States Code. 

18 (b) SPECIAL RULES FOR FISCAL YEAR 2021.— 

19 (1) FINANCIAL ASSISTANCE AGREEMENTS FED20 ERAL SHARE.—Notwithstanding chapter 311 of title 

21 49, United States Code, or any regulations adopted 

22 pursuant to such chapter, for the duration of fiscal 

23 year 2021 with respect to all financial assistance 

24 made available under subsection (a) and section 101, 

25 the Secretary of Transportation may— 


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1 (A) reimburse recipients under section 

2 31104(b)(2) of title 49, United States Code, in 

3 an amount that is 100 percent of the costs de4 scribed in such section; and 

5 (B) waive the maintenance of effort require6 ment under 31102(f) of title 49, United States 

7 Code, for all States without requiring States to 

8 request a waiver. 

9 (2) FINANCIAL ASSISTANCE AGREEMENTS PERIOD

10 OF AVAILABILITY.—Notwithstanding section 31104(f) 

11 of title 49, United States Code, the Secretary shall ex12 tend the periods of availability described in such sec13 tion by 1 year. 

14 (3) ADMINISTRATIVE EXPENSES.—The Adminis15 trator of the Federal Motor Carrier Safety Adminis16 tration shall ensure that funds made available under 

17 subsection (a)(2)(B) are used, to the maximum extent 

18 practicable, to support— 

19 (A) the acceleration of planned investments 

20 to modernize the Administration’s information 

21 technology and information management sys22 tems; 

23 (B) the completion of outstanding statutory 

24 mandates required by MAP–21 (112–141) and 

25 the FAST Act (114–94); and 


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1 (C) a Large Truck Crash Causal Factors 

2 Study of the Administration. 

3 SEC. 106. DEFINITIONS. 

4 In this division, the following definitions apply: 

5 (1) HIGHWAY ACCOUNT.—The term ‘‘Highway 

6 Account’’ means the portion of the Highway Trust 

7 Fund that is not the Mass Transit Account. 

8 (2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 

9 Transit Account’’ means the portion of the Highway 

10 Trust Fund established under section 9503(e)(1) of 

11 the Internal Revenue Code of 1986. 

12 (3) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Transportation. 

14 DIVISION B—SURFACE 

15 TRANSPORTATION 

16 SEC. 1001. APPLICABILITY OF DIVISION. 

17 (a) APPLICABILITY.—This division, including the 

18 amendments made by this division, applies beginning on 

19 October 1, 2021. 

20 (b) REFERENCE TO DATE OF ENACTMENT.—In this di21 vision and the amendments made by this division, any ref22 erence to— 

23 (1) the date of enactment of this Act; 

24 (2) the date of enactment of a provision of this 

25 division; 


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1 (3) the date of enactment of a provision added 

2 to law by an amendment made by this division; or 

3 (4) the date of enactment of the INVEST in 

4 America Act added to law by an amendment made by 

5 this division, 

6 shall be treated as a reference to October 1, 2021. 

7 (c) EXCEPTION FOR IMMEDIATE APPLICATION.—Sub8 sections (a) and (b) shall not apply to section 1105 and 

9 the amendments made by such section. 

10 TITLE I—FEDERAL-AID 

11 HIGHWAYS 

12 Subtitle A—Authorizations and 

13 Program Conditions 

14 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—The following amounts are author16 ized to be appropriated out of the Highway Trust Fund 

17 (other than the Mass Transit Account): 

18 (1) FEDERAL-AID HIGHWAY PROGRAM.—For the 

19 national highway performance program under section 

20 119 of title 23, United States Code, the pre-disaster 

21 mitigation program under section 124 of such title, 

22 the railway crossings program under section 130 of 

23 such title, the surface transportation program under 

24 section 133 of such title, the highway safety improve25 ment program under section 148 of such title, the conVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 gestion mitigation and air quality improvement pro2 gram under section 149 of such title, the national 

3 highway freight program under section 167 of such 

4 title, the carbon pollution reduction program under 

5 section 171 of such title, and metropolitan planning 

6 under section 134 of such title— 

7 (A) $55,022,048,429 for fiscal year 2022; 

8 (B) $55,980,646,776 for fiscal year 2023; 

9 (C) $57,095,359,712 for fiscal year 2024; 

10 and 

11 (D) $58,118,666,186 for fiscal year 2025. 

12 (2) TRANSPORTATION INFRASTRUCTURE FINANCE

13 AND INNOVATION PROGRAM.—For credit assistance 

14 under the transportation infrastructure finance and 

15 innovation program under chapter 6 of title 23, 

16 United States Code, $300,000,000 for each of fiscal 

17 years 2022 through 2025. 

18 (3) CONSTRUCTION OF FERRY BOATS AND FERRY

19 TERMINAL FACILITIES.—For construction of ferry 

20 boats and ferry terminal facilities under section 147 

21 of title 23, United States Code, $120,000,000 for each 

22 of fiscal years 2022 through 2025. 

23 (4) FEDERAL LANDS AND TRIBAL TRANSPOR24 TATION PROGRAMS.— 


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1 (A) TRIBAL TRANSPORTATION PROGRAM.— 

2 For the tribal transportation program under sec3 tion 202 of title 23, United States Code, 

4 $800,000,000 for each of fiscal years 2022 

5 through 2025. 

6 (B) FEDERAL LANDS TRANSPORTATION PRO7 GRAM.— 

8 (i) IN GENERAL.—For the Federal 

9 lands transportation program under section 

10 203 of title 23, United States Code, 

11 $550,000,000 for each of fiscal years 2022 

12 through 2025. 

13 (ii) ALLOCATION.—Of the amount 

14 made available for a fiscal year under 

15 clause (i)— 

16 (I) the amount for the National 

17 Park Service is $400,000,000 for each 

18 of fiscal years 2022 through 2025; 

19 (II) the amount for the United 

20 States Fish and Wildlife Service is 

21 $50,000,000 for each of fiscal years 

22 2022 through 2025; and 

23 (III) the amount for the United 

24 States Forest Service is $50,000,000 


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1 for each of fiscal years 2022 through 

2 2025. 

3 (C) FEDERAL LANDS ACCESS PROGRAM.— 

4 For the Federal lands access program under sec5 tion 204 of title 23, United States Code, 

6 $345,000,000 for each of fiscal years 2022 

7 through 2025. 

8 (D) FEDERAL LANDS AND TRIBAL MAJOR

9 PROJECTS GRANTS.—To carry out section 208 of 

10 title 23, United States Code, $400,000,000 for 

11 each of fiscal years 2022 through 2025. 

12 (5) TERRITORIAL AND PUERTO RICO HIGHWAY

13 PROGRAM.—For the territorial and Puerto Rico high14 way program under section 165 of title 23, United 

15 States Code, $310,000,000 for each of fiscal years 

16 2022 through 2025. 

17 (6) PROJECTS OF NATIONAL AND REGIONAL SIG18 NIFICANCE.—For projects of national and regional 

19 significance under section 117 of title 23, United 

20 States Code— 

21 (A) $2,200,000,000 for fiscal year 2022; 

22 (B) $2,200,000,000 for fiscal year 2023; 

23 (C) $2,300,000,000 for fiscal year 2024; and 

24 (D) $2,350,000,000 for fiscal year 2025. 


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1 (7) COMMUNITY TRANSPORTATION INVESTMENT

2 GRANTS.—To carry out section 173 of title 23, United 

3 States Code, $600,000,000 for each of fiscal years 

4 2022 through 2025. 

5 (8) ELECTRIC VEHICLE CHARGING, NATURAL GAS

6 FUELING, PROPANE FUELING, AND HYDROGEN FUEL7 ING INFRASTRUCTURE GRANTS.—To carry out section 

8 151(f) of title 23, United States Code, $350,000,000 

9 for each of fiscal years 2022 through 2025. 

10 (9) COMMUNITY CLIMATE INNOVATION GRANTS.— 

11 To carry out section 172 of title 23, United States 

12 Code, $250,000,000 for each of fiscal years 2022 

13 through 2025. 

14 (b) ADDITIONAL PROGRAMS.— 

15 (1) IN GENERAL.—The following amounts are 

16 authorized to be appropriated out of the Highway 

17 Trust Fund (other than the Mass Transit Account): 

18 (A) GRIDLOCK REDUCTION GRANT PRO19 GRAM.—To carry out section 1306 of this Act, 

20 $250,000,000 for fiscal year 2022. 

21 (B) REBUILD RURAL GRANT PROGRAM.—To 

22 carry out section 1307 of this Act, $250,000,000 

23 for fiscal year 2022. 


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1 (C) PARKING FOR COMMERCIAL MOTOR VE2 HICLES.—To carry out section 1308 of this Act, 

3 $250,000,000 for fiscal year 2023. 

4 (D) ACTIVE TRANSPORTATION

5 CONNECTIVITY GRANT PROGRAM.—To carry out 

6 section 1309 of this Act, $250,000,000 for fiscal 

7 year 2024. 

8 (E) METRO PERFORMANCE PROGRAM.—To 

9 carry out section 1305 of this Act, $250,000,000 

10 for each of fiscal years 2023 through 2025. 

11 (2) TREATMENT OF FUNDS.—Amounts made 

12 available under subparagraphs (B) through (D) of 

13 paragraph (1) shall be administered as if apportioned 

14 under chapter 1 of title 23, United States Code. 

15 (c) DISADVANTAGED BUSINESS ENTERPRISES.— 

16 (1) FINDINGS.—Congress finds that— 

17 (A) despite the real improvements caused by 

18 the disadvantaged business enterprise program, 

19 minority- and women-owned businesses across 

20 the country continue to confront serious and sig21 nificant obstacles to success caused by race and 

22 gender discrimination in the federally assisted 

23 surface transportation market and related mar24 kets across the United States; 


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1 (B) the continuing race and gender dis2 crimination described in subparagraph (A) mer3 its the continuation of the disadvantaged busi4 ness enterprise program; 

5 (C) recently, the disparities cause by dis6 crimination against African American, His7 panic American, Asian American, Native Amer8 ican, and women business owners have been fur9 ther exacerbated by the coronavirus pandemic 

10 and its disproportionate effects on minority- and 

11 women-owned businesses across the nation; 

12 (D) Congress has received and reviewed tes13 timony and documentation of race and gender 

14 discrimination from numerous sources, including 

15 congressional hearings and other investigative 

16 activities, scientific reports, reports issued by 

17 public and private agencies at every level of gov18 ernment, news reports, academic publications, 

19 reports of discrimination by organizations and 

20 individuals, and discrimination lawsuits, which 

21 continue to demonstrate that race- and gender22 neutral efforts alone are insufficient to address 

23 the problem; 

24 (E) the testimony and documentation de25 scribed in subparagraph (D) demonstrate that 


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1 discrimination across the United States poses an 

2 injurious and enduring barrier to full and fair 

3 participation in surface transportation-related 

4 businesses of women business owners and minor5 ity business owners and has negatively affected 

6 firm formation, development and success in 

7 many aspects of surface transportation-related 

8 business in the public and private markets; and 

9 (F) the testimony and documentation de10 scribed in subparagraph (D) provide a clear pic11 ture of the inequality caused by discrimination 

12 that continues to plague our nation and a strong 

13 basis that there is a compelling need for the con14 tinuation of the disadvantaged business enter15 prise program to address race and gender dis16 crimination in surface transportation-related 

17 business. 

18 (2) DEFINITIONS.—In this subsection, the fol19 lowing definitions apply: 

20 (A) SMALL BUSINESS CONCERN.— 

21 (i) IN GENERAL.—The term ‘‘small 

22 business concern’’ means a small business 

23 concern (as the term is used in section 3 of 

24 the Small Business Act (15 U.S.C. 632)). 


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1 (ii) EXCLUSIONS.—The term ‘‘small 

2 business concern’’ does not include any con3 cern or group of concerns controlled by the 

4 same socially and economically disadvan5 taged individual or individuals that have 

6 average annual gross receipts during the 

7 preceding 3 fiscal years in excess of 

8 $26,290,000, as adjusted annually by the 

9 Secretary of Transportation for inflation. 

10 (B) SOCIALLY AND ECONOMICALLY DIS11 ADVANTAGED INDIVIDUALS.—The term ‘‘socially 

12 and economically disadvantaged individuals’’ 

13 has the meaning given the term in section 8(d) 

14 of the Small Business Act (15 U.S.C. 637(d)) 

15 and relevant subcontracting regulations issued 

16 pursuant to that Act, except that women shall be 

17 presumed to be socially and economically dis18 advantaged individuals for purposes of this sub19 section. 

20 (3) AMOUNTS FOR SMALL BUSINESS CON21 CERNS.—Except to the extent that the Secretary of 

22 Transportation determines otherwise, not less than 10 

23 percent of the amounts made available for any pro24 gram under titles I, II, V, and VII of this division 

25 and section 403 of title 23, United States Code, shall 


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1 be expended through small business concerns owned 

2 and controlled by socially and economically disadvan3 taged individuals. 

4 (4) ANNUAL LISTING OF DISADVANTAGED BUSI5 NESS ENTERPRISES.—Each State shall annually— 

6 (A) survey and compile a list of the small 

7 business concerns referred to in paragraph (3) in 

8 the State, including the location of the small 

9 business concerns in the State; and 

10 (B) notify the Secretary, in writing, of the 

11 percentage of the small business concerns that 

12 are controlled by— 

13 (i) women; 

14 (ii) socially and economically dis15 advantaged individuals (other than 

16 women); and 

17 (iii) individuals who are women and 

18 are otherwise socially and economically dis19 advantaged individuals. 

20 (5) UNIFORM CERTIFICATION.— 

21 (A) IN GENERAL.—The Secretary of Trans22 portation shall establish minimum uniform cri23 teria for use by State governments in certifying 

24 whether a concern qualifies as a small business 

25 concern for the purpose of this subsection. 


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1 (B) INCLUSIONS.—The minimum uniform 

2 criteria established under subparagraph (A) shall 

3 include, with respect to a potential small busi4 ness concern— 

5 (i) on-site visits; 

6 (ii) personal interviews with personnel; 

7 (iii) issuance or inspection of licenses; 

8 (iv) analyses of stock ownership; 

9 (v) listings of equipment; 

10 (vi) analyses of bonding capacity; 

11 (vii) listings of work completed; 

12 (viii) examination of the resumes of 

13 principal owners; 

14 (ix) analyses of financial capacity; 

15 and 

16 (x) analyses of the type of work pre17 ferred. 

18 (6) REPORTING.—The Secretary of Transpor19 tation shall establish minimum requirements for use 

20 by State governments in reporting to the Secretary— 

21 (A) information concerning disadvantaged 

22 business enterprise awards, commitments, and 

23 achievements; and 

24 (B) such other information as the Secretary 

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1 itoring of the disadvantaged business enterprise 

2 program. 

3 (7) COMPLIANCE WITH COURT ORDERS.—Noth4 ing in this subsection limits the eligibility of an indi5 vidual or entity to receive funds made available 

6 under titles I, II, V, and VII of this division and sec7 tion 403 of title 23, United States Code, if the entity 

8 or person is prevented, in whole or in part, from com9 plying with paragraph (3) because a Federal court 

10 issues a final order in which the court finds that a 

11 requirement or the implementation of paragraph (3) 

12 is unconstitutional. 

13 (8) SENSE OF CONGRESS ON PROMPT PAYMENT

14 OF DBE SUBCONTRACTORS.—It is the sense of Con15 gress that— 

16 (A) the Secretary of Transportation should 

17 take additional steps to ensure that recipients 

18 comply with section 26.29 of title 49, Code of 

19 Federal Regulations (the disadvantaged business 

20 enterprises prompt payment rule), or any cor21 responding regulation, in awarding federally 

22 funded transportation contracts under laws and 

23 regulations administered by the Secretary; and 

24 (B) such additional steps should include in25 creasing the Department of Transportation’s 


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1 ability to track and keep records of complaints 

2 and to make that information publicly available. 

3 (d) LIMITATION ON FINANCIAL ASSISTANCE FOR

4 STATE-OWNED ENTERPRISES.— 

5 (1) IN GENERAL.—Funds provided under this 

6 section may not be used in awarding a contract, sub7 contract, grant, or loan to an entity that is owned or 

8 controlled by, is a subsidiary of, or is otherwise re9 lated legally or financially to a corporation based in 

10 a country that— 

11 (A) is identified as a nonmarket economy 

12 country (as defined in section 771(18) of the 

13 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 

14 the date of enactment of this Act; 

15 (B) was identified by the United States 

16 Trade Representative in the most recent report 

17 required by section 182 of the Trade Act of 1974 

18 (19 U.S.C. 2242) as a priority foreign country 

19 under subsection (a)(2) of that section; and 

20 (C) is subject to monitoring by the Trade 

21 Representative under section 306 of the Trade 

22 Act of 1974 (19 U.S.C. 2416). 

23 (2) EXCEPTION.—For purposes of subparagraph 

24 (A), the term ‘‘otherwise related legally or finanVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 cially’’ does not include a minority relationship or 

2 investment. 

3 (3) INTERNATIONAL AGREEMENTS.—This para4 graph shall be applied in a manner consistent with 

5 the obligations of the United States under inter6 national agreements. 

7 SEC. 1102. OBLIGATION LIMITATION. 

8 (a) GENERAL LIMITATION.—Subject to subsection (e), 

9 and notwithstanding any other provision of law, the obliga10 tions for Federal-aid highway and highway safety construc11 tion programs shall not exceed— 

12 (1) $62,159,350,954 for fiscal year 2022; 

13 (2) $63,121,354,776 for fiscal year 2023; 

14 (3) $64,346,443,712 for fiscal year 2024; and 

15 (4) $65,180,125,186 for fiscal year 2025. 

16 (b) EXCEPTIONS.—The limitations under subsection 

17 (a) shall not apply to obligations under or for— 

18 (1) section 125 of title 23, United States Code; 

19 (2) section 147 of the Surface Transportation As20 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 

21 2714); 

22 (3) section 9 of the Federal-Aid Highway Act of 

23 1981 (95 Stat. 1701); 


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1 (4) subsections (b) and (j) of section 131 of the 

2 Surface Transportation Assistance Act of 1982 (96 

3 Stat. 2119); 

4 (5) subsections (b) and (c) of section 149 of the 

5 Surface Transportation and Uniform Relocation As6 sistance Act of 1987 (101 Stat. 198); 

7 (6) sections 1103 through 1108 of the Intermodal 

8 Surface Transportation Efficiency Act of 1991 (Pub9 lic Law 102–240); 

10 (7) section 157 of title 23, United States Code 

11 (as in effect on June 8, 1998); 

12 (8) section 105 of title 23, United States Code 

13 (as in effect for fiscal years 1998 through 2004, but 

14 only in an amount equal to $639,000,000 for each of 

15 those fiscal years); 

16 (9) Federal-aid highway programs for which ob17 ligation authority was made available under the 

18 Transportation Equity Act for the 21st Century (112 

19 Stat. 107) or subsequent Acts for multiple years or to 

20 remain available until expended, but only to the ex21 tent that the obligation authority has not lapsed or 

22 been used; 

23 (10) section 105 of title 23, United States Code 

24 (as in effect for fiscal years 2005 through 2012, but 


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1 only in an amount equal to $639,000,000 for each of 

2 those fiscal years); 

3 (11) section 1603 of SAFETEA–LU (23 U.S.C. 

4 118 note; 119 Stat. 1248), to the extent that funds ob5 ligated in accordance with that section were not sub6 ject to a limitation on obligations at the time at 

7 which the funds were initially made available for ob8 ligation; 

9 (12) section 119 of title 23, United States Code 

10 (as in effect for fiscal years 2013 through 2015, but 

11 only in an amount equal to $639,000,000 for each of 

12 those fiscal years); 

13 (13) section 119 of title 23, United States Code 

14 (but, for fiscal years 2016 through 2021, only in an 

15 amount equal to $639,000,000 for each of those fiscal 

16 years); 

17 (14) section 203 of title 23, United States Code 

18 (but, for fiscal years 2022 through 2025, only in an 

19 amount equal to $550,000,000 for each of those fiscal 

20 years); and 

21 (15) section 133(d)(1)(B) of title 23, United 

22 States Code (but, for fiscal years 2022 through 2025, 

23 only in an amount equal to $89,000,000 for each of 

24 those fiscal years). 


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1 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—Sub2 ject to paragraph (1)(B), for each of fiscal years 2022 

3 through 2025, the Secretary of Transportation— 

4 (1)(A) shall not distribute obligation authority 

5 provided by subsection (a) for the fiscal year for— 

6 (i) amounts authorized for administrative 

7 expenses and programs by section 104(a) of title 

8 23, United States Code; 

9 (ii) amounts authorized for the Bureau of 

10 Transportation Statistics; 

11 (iii) amounts authorized for the tribal 

12 transportation program under section 202 of 

13 title 23, United States Code; and 

14 (iv) amounts authorized for the territorial 

15 and Puerto Rico highway program under section 

16 165(a) of title 23, United States Code; and 

17 (B) for each of fiscal years 2023 through 2025, 

18 in addition to the amounts described in subparagraph 

19 (A), shall not distribute obligation authority provided 

20 by subsection (a) for the fiscal year for amounts au21 thorized for the metro performance program under 

22 section 1305 of this Act; 

23 (2) shall not distribute an amount of obligation 

24 authority provided by subsection (a) that is equal to 

25 the unobligated balance of amounts— 


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1 (A) made available from the Highway Trust 

2 Fund (other than the Mass Transit Account) for 

3 Federal-aid highway and highway safety con4 struction programs for previous fiscal years, the 

5 funds for which are allocated by the Secretary 

6 (or apportioned by the Secretary under section 

7 202 or 204 of title 23, United States Code); and 

8 (B) for which obligation authority was pro9 vided in a previous fiscal year; 

10 (3) shall determine the proportion that— 

11 (A) the obligation authority provided by 

12 subsection (a) for the fiscal year, less the aggre13 gate of amounts not distributed under para14 graphs (1) and (2) of this subsection; bears to 

15 (B) the total of— 

16 (i) the sums authorized to be appro17 priated for the Federal-aid highway and 

18 highway safety construction programs, other 

19 than sums authorized to be appropriated 

20 for— 

21 (I) provisions of law described in 

22 paragraphs (1) through (13) of sub23 section (b); 

24 (II) section 203 of title 23, United 

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1 ferred to in subsection (b)(14) for the 

2 fiscal year; and 

3 (III) section 133(d)(1)(B) of title 

4 23, United States Code, equal to the 

5 amount referred to in subsection 

6 (b)(15) for the fiscal year; less 

7 (ii) the aggregate of the amounts not 

8 distributed under paragraphs (1) and (2) of 

9 this subsection; 

10 (4) shall distribute the obligation authority pro11 vided by subsection (a), less the aggregate amounts 

12 not distributed under paragraphs (1) and (2), for 

13 each of the programs (other than programs to which 

14 paragraph (1) applies) that are allocated by the Sec15 retary under this Act and title 23, United States 

16 Code, or apportioned by the Secretary under section 

17 202 or 204 of such title, by multiplying— 

18 (A) the proportion determined under para19 graph (3); by 

20 (B) the amounts authorized to be appro21 priated for each such program for the fiscal year; 

22 and 

23 (5) shall distribute the obligation authority pro24 vided by subsection (a), less the aggregate amounts 

25 not distributed under paragraphs (1) and (2) and the 


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1 amounts distributed under paragraph (4), for Fed2 eral-aid highway and highway safety construction 

3 programs that are apportioned by the Secretary 

4 under title 23, United States Code (other than the 

5 amounts apportioned for the surface transportation 

6 program in section 133(d)(1)(B) of title 23, United 

7 States Code, that are exempt from the limitation 

8 under subsection (b)(15) and the amounts appor9 tioned under sections 202 and 204 of such title) in the 

10 proportion that— 

11 (A) amounts authorized to be appropriated 

12 for the programs that are apportioned under title 

13 23, United States Code, to each State for the fis14 cal year; bears to 

15 (B) the total of the amounts authorized to 

16 be appropriated for the programs that are ap17 portioned under title 23, United States Code, to 

18 all States for the fiscal year. 

19 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU20 THORITY.—Notwithstanding subsection (c), the Secretary of 

21 Transportation shall, after August 1 of each of fiscal years 

22 2022 through 2025— 

23 (1) revise a distribution of the obligation author24 ity made available under subsection (c) if an amount 


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1 distributed cannot be obligated during that fiscal 

2 year; and 

3 (2) redistribute sufficient amounts to those States 

4 able to obligate amounts in addition to those pre5 viously distributed during that fiscal year, giving pri6 ority to those States having large unobligated bal7 ances of funds apportioned under section 104 of title 

8 23, United States Code. 

9 (e) SPECIAL LIMITATION.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), obligation limitations imposed by sub12 section (a) shall apply to contract authority for— 

13 (A) transportation research programs car14 ried out under chapter 5 of title 23, United 

15 States Code, and title V of this Act; and 

16 (B) the metro performance program under 

17 section 1305 of this Act. 

18 (2) EXCEPTION.—Obligation authority made 

19 available under paragraph (1) shall— 

20 (A) remain available for a period of 4 fiscal 

21 years; and 

22 (B) be in addition to the amount of any 

23 limitation imposed on obligations for Federal24 aid highway and highway safety construction 

25 programs for future fiscal years. 


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1 (f) LOP-OFF.— 

2 (1) IN GENERAL.—Not later than 30 days after 

3 the date of distribution of obligation authority under 

4 subsection (c) for each of fiscal years 2022 through 

5 2025, the Secretary of Transportation shall distribute 

6 to the States any funds that— 

7 (A) are authorized to be appropriated for 

8 the fiscal year for Federal-aid highway pro9 grams; and 

10 (B) the Secretary determines will not be al11 located to the States (or will not be apportioned 

12 to the States under section 204 of title 23, 

13 United States Code), and will not be available 

14 for obligation, for the fiscal year because of the 

15 imposition of any obligation limitation for the 

16 fiscal year. 

17 (2) RATIO.—Funds shall be distributed under 

18 paragraph (1) in the same proportion as the distribu19 tion of obligation authority under subsection (c)(5). 

20 (3) AVAILABILITY.—Funds distributed to each 

21 State under paragraph (1) shall be available for any 

22 purpose described in section 133(b) of title 23, United 

23 States Code. 


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1 SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 

2 Section 101 of title 23, United States Code, is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) by redesignating paragraphs (1), (2), 

6 (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 

7 (13), (14), (15), (16), (17), (18), (19), (20), (21), 

8 (22), (23), (24), (25), (26), (27), (28), (29), (30), 

9 (31), (32), (33), and (34) as paragraphs (2), (3), 

10 (4), (6), (8), (10), (11), (12), (13), (14), (16), 

11 (17), (18), (19), (20), (21), (23), (24), (25), (26), 

12 (28), (29), (32), (33), (34), (35), (36), (37), (38), 

13 (40), (41), (42), (43), and (44), respectively; 

14 (B) by inserting before paragraph (2), as so 

15 redesignated, the following: 

16 ‘‘(1) ADAPTATION.—The term ‘adaptation’ 

17 means an adjustment in natural or human systems 

18 in anticipation of, or in response to, a changing envi19 ronment in a way that moderates negative effects of 

20 extreme events or climate change.’’; 

21 (C) by inserting after paragraph (4), as so 

22 redesignated, the following: 

23 ‘‘(5) CLIMATE CHANGE.—The term ‘climate 

24 change’ means any significant change in the measures 

25 of climate lasting for an extended period of time, and 

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1 tion, wind patterns, or sea level, among others, that 

2 occur over several decades or longer.’’; 

3 (D) in paragraph (6)(A), as so redesig4 nated, by inserting ‘‘assessing resilience,’’ after 

5 ‘‘surveying,’’; 

6 (E) by inserting after paragraph (6), as so 

7 redesignated, the following: 

8 ‘‘(7) CONTEXT SENSITIVE DESIGN PRINCIPLES.— 

9 The term ‘context sensitive design principles’ means 

10 principles for the design of a public road that— 

11 ‘‘(A) provides for the safe and adequate ac12 commodation, in all phases of project planning, 

13 design, and development, transportation facili14 ties for users, including pedestrians, bicyclists, 

15 public transportation users, children, older indi16 viduals, individuals with disabilities, motorists, 

17 and freight vehicles; and 

18 ‘‘(B) considers the context in which the fa19 cility is planned to be constructed to determine 

20 the appropriate facility design.’’; 

21 (F) by inserting after paragraph (8), as so 

22 redesignated, the following: 

23 ‘‘(9) EVACUATION ROUTE.—The term ‘evacuation 

24 route’ means a transportation route or system that— 

25 ‘‘(A) is used to transport— 


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1 ‘‘(i) the public away from an emer2 gency event; or 

3 ‘‘(ii) first responders and recovery re4 sources in the event of an emergency; and 

5 ‘‘(B) is identified, consistent with sections 

6 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the el7 igible entity with jurisdiction over the area in 

8 which the route is located for the purposes de9 scribed in subparagraph (A).’’; 

10 (G) by inserting after paragraph (14), as so 

11 redesignated, the following: 

12 ‘‘(15) GREENHOUSE GAS.—The term ‘greenhouse 

13 gas’ has the meaning given the term in section 

14 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 

15 7545(o)(1)(G)).’’; 

16 (H) by inserting after paragraph (21), as so 

17 redesignated, the following: 

18 ‘‘(22) NATURAL INFRASTRUCTURE.— 

19 ‘‘(A) IN GENERAL.—The term ‘natural in20 frastructure’ means infrastructure that uses, re21 stores, or emulates natural ecological processes 

22 that— 

23 ‘‘(i) is created through the action of 

24 natural physical, geological, biological, and 

25 chemical processes over time; 


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1 ‘‘(ii) is created by human design, engi2 neering, and construction to emulate or act 

3 in concert with natural processes; or 

4 ‘‘(iii) involves the use of plants, soils, 

5 and other natural features, including 

6 through the creation, restoration, or preser7 vation of vegetated areas using materials 

8 appropriate to the region to manage 

9 stormwater and runoff, to attenuate flood10 ing and storm surges, and for other related 

11 purposes. 

12 ‘‘(B) INCLUSION.—The term ‘natural infra13 structure’ includes green infrastructure and na14 ture-based solutions.’’; 

15 (I) by inserting after paragraph (26), as so 

16 redesignated, the following: 

17 ‘‘(27) PROTECTIVE FEATURE.— 

18 ‘‘(A) IN GENERAL.—The term ‘protective 

19 feature’ means an improvement to a highway or 

20 bridge designed to increase resilience or mitigate 

21 the risk of recurring damage or the cost of future 

22 repairs from climate change effects, extreme 

23 events, seismic activity, or any other natural 

24 disaster. 


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1 ‘‘(B) INCLUSIONS.—The term ‘protective 

2 feature’ includes— 

3 ‘‘(i) raising roadway grades; 

4 ‘‘(ii) relocating roadways to higher 

5 ground above projected flood elevation levels 

6 or away from slide prone areas; 

7 ‘‘(iii) stabilizing slide areas; 

8 ‘‘(iv) stabilizing slopes; 

9 ‘‘(v) lengthening or raising bridges to 

10 increase waterway openings; 

11 ‘‘(vi) increasing the size or number of 

12 drainage structures; 

13 ‘‘(vii) replacing culverts with bridges 

14 or upsizing culverts; 

15 ‘‘(viii) installing seismic retrofits on 

16 bridges; 

17 ‘‘(ix) scour, stream stability, coastal, 

18 and other hydraulic countermeasures; and 

19 ‘‘(x) the use of natural infrastructure.’’; 

20 (J) by inserting after paragraph (29), as so 

21 redesignated, the following: 

22 ‘‘(30) REPEATEDLY DAMAGED FACILITY.—The 

23 term ‘repeatedly damaged facility’ means a road, 

24 highway, or bridge that has required repair and re25 construction activities on 2 or more occasions due to 


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1 natural disasters or catastrophic failures resulting in 

2 emergencies declared by the Governor of the State in 

3 which the road, highway, or bridge is located or emer4 gencies or major disasters declared by the President 

5 under the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

7 ‘‘(31) RESILIENCE.— 

8 ‘‘(A) IN GENERAL.—The term ‘resilience’ 

9 means, with respect to a facility, the ability to— 

10 ‘‘(i) anticipate, prepare for, or adapt 

11 to conditions; or 

12 ‘‘(ii) withstand, respond to, or recover 

13 rapidly from disruptions. 

14 ‘‘(B) INCLUSIONS.—Such term includes, 

15 with respect to a facility, the ability to— 

16 ‘‘(i) resist hazards or withstand im17 pacts from disruptions; 

18 ‘‘(ii) reduce the magnitude, duration, 

19 or impact of a disruption; or 

20 ‘‘(iii) have the absorptive capacity, 

21 adaptive capacity, and recoverability to de22 crease vulnerability to a disruption.’’; 

23 (K) by inserting after paragraph (38), as so 

24 redesignated, the following: 


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1 ‘‘(39) TRANSPORTATION SYSTEM ACCESS.—The 

2 term ‘transportation system access’ means the ability 

3 to travel by automobile, public transportation, pedes4 trian, and bicycle networks, measured by travel time, 

5 taking into consideration— 

6 ‘‘(A) the impacts of the level of travel stress 

7 for non-motorized users; 

8 ‘‘(B) costs for low-income travelers; and 

9 ‘‘(C) the extent to which transportation ac10 cess is impacted by zoning policies and land use 

11 planning practices that effect the affordability, 

12 elasticity, and diversity of the housing supply.’’; 

13 and 

14 (L) by adding at the end the following: 

15 ‘‘(45) TRANSPORTATION DEMAND MANAGEMENT; 

16 TDM.—The terms ‘transportation demand manage17 ment’ and ‘TDM’ mean the use of strategies to inform 

18 and encourage travelers to maximize the efficiency of 

19 a transportation system leading to improved mobil20 ity, reduced congestion, and lower vehicle emissions. 

21 ‘‘(46) TRANSPORTATION DEMAND MANAGEMENT

22 STRATEGIES.—The term ‘transportation demand 

23 management strategies’ means the use of planning, 

24 programs, policy, marketing, communications, incen25 tives, pricing, and technology to shift travel mode, 


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1 routes used, departure times, number of trips, and lo2 cation and design work space or public attractions.’’; 

3 and 

4 (2) in subsection (b)— 

5 (A) in paragraph (1) by striking ‘‘Defense,’’ 

6 and inserting ‘‘Defense Highways,’’; 

7 (B) in paragraph (3)— 

8 (i) in subparagraph (A) by striking 

9 ‘‘Century’’ and inserting ‘‘century’’; 

10 (ii) in subparagraph (G) by striking ‘‘; 

11 and’’ and inserting a semicolon; 

12 (iii) in subparagraph (H) by striking 

13 ‘‘Century.’’ and inserting ‘‘century;’’; and 

14 (iv) by adding at the end the following: 

15 ‘‘(I) safety is the highest priority of the De16 partment of Transportation, and the Secretary 

17 and States should take all actions necessary to 

18 meet the transportation needs of the 21st century 

19 for all road users; 

20 ‘‘(J) climate change presents a significant 

21 risk to safety, the economy, and national secu22 rity, and reducing the contributions of the trans23 portation system to the Nation’s total carbon 

24 pollution is critical; and 


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1 ‘‘(K) the Secretary and States should take 

2 appropriate measures and ensure investments to 

3 increase the resilience of the Nation’s transpor4 tation system.’’; and 

5 (C) in paragraph (4)(A) by inserting 

6 ‘‘while ensuring that environmental protections 

7 are maintained’’ after ‘‘review process’’. 

8 SEC. 1104. APPORTIONMENT. 

9 (a) IN GENERAL.—Section 104 of title 23, United 

10 States Code, is amended— 

11 (1) in subsection (a)(1) by striking subpara12 graphs (A) through (E) and inserting the following: 

13 ‘‘(A) $ 506,302,525 for fiscal year 2022; 

14 ‘‘(B) $ 509,708,000 for fiscal year 2023; 

15 ‘‘(C) $ 520,084,000 for fiscal year 2024; 

16 and 

17 ‘‘(D) $ 530,459,000 for fiscal year 2025.’’; 

18 (2) by striking subsections (b) and (c) and in19 serting the following: 

20 ‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE

21 OF APPORTIONMENT.—The Secretary shall distribute the 

22 amount apportioned to a State for a fiscal year under sub23 section (c) among the covered programs as follows: 

24 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO25 GRAM.—For the national highway performance proVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 gram, 55.09 percent of the amount remaining after 

2 distributing amounts under paragraphs (4), (6), and 

3 (7). 

4 ‘‘(2) SURFACE TRANSPORTATION PROGRAM.—For 

5 the surface transportation program, 28.43 percent of 

6 the amount remaining after distributing amounts 

7 under paragraphs (4), (6), and (7). 

8 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO9 GRAM.—For the highway safety improvement pro10 gram, 6.19 percent of the amount remaining after 

11 distributing amounts under paragraphs (4), (6), and 

12 (7). 

13 ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY

14 IMPROVEMENT PROGRAM.— 

15 ‘‘(A) IN GENERAL.—For the congestion 

16 mitigation and air quality improvement pro17 gram, an amount determined for the State under 

18 subparagraphs (B) and (C). 

19 ‘‘(B) TOTAL AMOUNT.—The total amount 

20 for the congestion mitigation and air quality im21 provement program for all States shall be— 

22 ‘‘(i) $2,913,925,833 for fiscal year 

23 2022; 

24 ‘‘(ii) $2,964,919,535 for fiscal year 

25 2023; 


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1 ‘‘(iii) $3,024,217,926 for fiscal year 

2 2024; and 

3 ‘‘(iv) $3,078,653,849 for fiscal year 

4 2025. 

5 ‘‘(C) STATE SHARE.—For each fiscal year, 

6 the Secretary shall distribute among the States 

7 the amount for the congestion mitigation and air 

8 quality improvement program under subpara9 graph (B) so that each State receives an amount 

10 equal to the proportion that— 

11 ‘‘(i) the amount apportioned to the 

12 State for the congestion mitigation and air 

13 quality improvement program for fiscal 

14 year 2020; bears to 

15 ‘‘(ii) the total amount of funds appor16 tioned to all States for such program for fis17 cal year 2020. 

18 ‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.— 

19 For the national highway freight program, 3.38 per20 cent of the amount remaining after distributing 

21 amounts under paragraphs (4), (6), and (7). 

22 ‘‘(6) METROPOLITAN PLANNING.— 

23 ‘‘(A) IN GENERAL.—For metropolitan plan24 ning, an amount determined for the State under 

25 subparagraphs (B) and (C). 


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1 ‘‘(B) TOTAL AMOUNT.—The total amount 

2 for metropolitan planning for all States shall 

3 be— 

4 ‘‘(i) $507,500,000 for fiscal year 2022; 

5 ‘‘(ii) $516,381,250 for fiscal year 2023; 

6 ‘‘(iii) $526,708,875 for fiscal year 

7 2024; and 

8 ‘‘(iv) $536,189,635 for fiscal year 2025. 

9 ‘‘(C) STATE SHARE.—For each fiscal year, 

10 the Secretary shall distribute among the States 

11 the amount for metropolitan planning under 

12 subparagraph (B) so that each State receives an 

13 amount equal to the proportion that— 

14 ‘‘(i) the amount apportioned to the 

15 State for metropolitan planning for fiscal 

16 year 2020; bears to 

17 ‘‘(ii) the total amount of funds appor18 tioned to all States for metropolitan plan19 ning for fiscal year 2020. 

20 ‘‘(7) RAILWAY CROSSINGS.— 

21 ‘‘(A) IN GENERAL.—For the railway cross22 ings program, an amount determined for the 

23 State under subparagraphs (B) and (C). 

24 ‘‘(B) TOTAL AMOUNT.—The total amount 

25 for the railway crossings program for all States 


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1 shall be $245,000,000 for each of fiscal years 

2 2022 through 2025. 

3 ‘‘(C) STATE SHARE.— 

4 ‘‘(i) IN GENERAL.—For each fiscal 

5 year, the Secretary shall distribute among 

6 the States the amount for the railway cross7 ings program under subparagraph (B) as 

8 follows: 

9 ‘‘(I) 50 percent of the amount for 

10 a fiscal year shall be apportioned to 

11 States by the formula set forth in sec12 tion 104(b)(3)(A) (as in effect on the 

13 day before the date of enactment of 

14 MAP–21). 

15 ‘‘(II) 50 percent of the amount for 

16 a fiscal year shall be apportioned to 

17 States in the ratio that total public 

18 railway-highway crossings in each 

19 State bears to the total of such cross20 ings in all States. 

21 ‘‘(ii) MINIMUM APPORTIONMENT.—Not22 withstanding clause (i), for each fiscal year, 

23 each State shall receive a minimum of one24 half of 1 percent of the total amount for the 


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1 railway crossings program for such fiscal 

2 year under subparagraph (B). 

3 ‘‘(8) PREDISASTER MITIGATION PROGRAM.—For 

4 the predisaster mitigation program, 2.96 percent of 

5 the amount remaining after distributing amounts 

6 under paragraphs (4), (6), and (7). 

7 ‘‘(9) CARBON POLLUTION REDUCTION PRO8 GRAM.—For the carbon pollution reduction program, 

9 3.95 percent of the amount remaining after distrib10 uting amounts under paragraphs (4), (6), and (7). 

11 ‘‘(c) CALCULATION OF AMOUNTS.— 

12 ‘‘(1) STATE SHARE.—For each of fiscal years 

13 2022 through 2025, the amount for each State shall 

14 be determined as follows: 

15 ‘‘(A) INITIAL AMOUNTS.—The initial 

16 amounts for each State shall be determined by 

17 multiplying— 

18 ‘‘(i) the combined amount authorized 

19 for appropriation for the fiscal year for the 

20 covered programs; by 

21 ‘‘(ii) the share for each State, which 

22 shall be equal to the proportion that— 

23 ‘‘(I) the amount of apportion24 ments that the State received for fiscal 

25 year 2020; bears to 


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1 ‘‘(II) the amount of those appor2 tionments received by all States for fis3 cal year 2020. 

4 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The ini5 tial amounts resulting from the calculation 

6 under subparagraph (A) shall be adjusted to en7 sure that each State receives an aggregate appor8 tionment equal to at least 95 percent of the esti9 mated tax payments attributable to highway 

10 users in the State paid into the Highway Trust 

11 Fund (other than the Mass Transit Account) in 

12 the most recent fiscal year for which data are 

13 available. 

14 ‘‘(2) STATE APPORTIONMENT.—On October 1 of 

15 fiscal years 2022 through 2025, the Secretary shall 

16 apportion the sums authorized to be appropriated for 

17 expenditure on the covered programs in accordance 

18 with paragraph (1).’’; 

19 (3) in subsection (d)(1)(A)— 

20 (A) in clause (i) by striking ‘‘paragraphs 

21 (5)(D) and (6) of subsection (b)’’ and inserting 

22 ‘‘subsection (b)(6)’’; and 

23 (B) in clause (ii) by striking ‘‘paragraphs 

24 (5)(D) and (6) of subsection (b)’’ and inserting 

25 ‘‘subsection (b)(6)’’; and 


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1 (4) by striking subsections (h) and (i) and in2 serting the following: 

3 ‘‘(h) DEFINITION OF COVERED PROGRAMS.—In this 

4 section, the term ‘covered programs’ means— 

5 ‘‘(1) the national highway performance program 

6 under section 119; 

7 ‘‘(2) the surface transportation program under 

8 section 133; 

9 ‘‘(3) the highway safety improvement program 

10 under section 148; 

11 ‘‘(4) the congestion mitigation and air quality 

12 improvement program under section 149; 

13 ‘‘(5) the national highway freight program under 

14 section 167; 

15 ‘‘(6) metropolitan planning under section 134; 

16 ‘‘(7) the railway crossings program under section 

17 130; 

18 ‘‘(8) the predisaster mitigation program under 

19 section 124; and 

20 ‘‘(9) the carbon pollution reduction program 

21 under section 171.’’. 

22 (b) FEDERAL SHARE PAYABLE.—Section 120(c)(3) of 

23 title 23, United States Code, is amended— 

24 (1) in subparagraph (A) by striking ‘‘(5)(D),’’; 

25 and 


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1 (2) in subparagraph (C)(i) by striking ‘‘(5)(D)’’. 

2 (c) METROPOLITAN TRANSPORTATION PLANNING; 

3 TITLE 23.—Section 134(p) of title 23, United States Code, 

4 is amended by striking ‘‘paragraphs (5)(D) and (6) of sec5 tion 104(b)’’ and inserting ‘‘section 104(b)(6)’’. 

6 (d) STATEWIDE AND NONMETROPOLITAN TRANSPOR7 TATION PLANNING.—Section 135(i) of title 23, United 

8 States Code, is amended by striking ‘‘paragraphs (5)(D) 

9 and (6) of section 104(b)’’ and inserting ‘‘section 

10 104(b)(6)’’. 

11 (e) METROPOLITAN TRANSPORTATION PLANNING; 

12 TITLE 49.—Section 5303(p) of title 49, United States Code, 

13 is amended by striking ‘‘section 104(b)(5)’’ and inserting 

14 ‘‘section 104(b)(6)’’. 

15 SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 

16 FUND. 

17 Section 105 of title 23, United States Code, is amend18 ed— 

19 (1) in subsection (a) by striking ‘‘FAST Act’’ 

20 and inserting ‘‘INVEST in America Act’’; 

21 (2) in subsection (c)— 

22 (A) in paragraph (1)(A) by striking ‘‘to be 

23 appropriated’’ each place it appears; and 

24 (B) by adding at the end the following: 

25 ‘‘(4) SPECIAL RULE.— 


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1 ‘‘(A) ADJUSTMENT.—In making an adjust2 ment under paragraph (1) for an allocation, res3 ervation, or set-aside from an amount authorized 

4 from the Highway Account or Mass Transit Ac5 count described in subparagraph (B), the Sec6 retary shall— 

7 ‘‘(i) determine the ratio that— 

8 ‘‘(I) the amount authorized to be 

9 appropriated for the allocation, res10 ervation, or set-aside from the account 

11 for the fiscal year; bears to 

12 ‘‘(II) the total amount authorized 

13 to be appropriated for such fiscal year 

14 for all programs under such account; 

15 ‘‘(ii) multiply the ratio determined 

16 under clause (i) by the amount of the ad17 justment determined under subsection 

18 (b)(1)(B); and 

19 ‘‘(iii) adjust the amount that the Sec20 retary would have allocated for the alloca21 tion, reservation, or set-aside for such fiscal 

22 year but for this section by the amount cal23 culated under clause (ii). 


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1 ‘‘(B) ALLOCATIONS, RESERVATIONS, AND

2 SET-ASIDES.—The allocations, reservations, and 

3 set-asides described in this subparagraph are— 

4 ‘‘(i) from the amount made available 

5 for a fiscal year for the Federal lands trans6 portation program under section 203, the 

7 amounts allocated for a fiscal year for the 

8 National Park Service, the United States 

9 Fish and Wildlife Service, and the United 

10 States Forest Service; 

11 ‘‘(ii) the amount made available for 

12 the Puerto Rico highway program under 

13 section 165(a)(1); and 

14 ‘‘(iii) the amount made available for 

15 the territorial highway program under sec16 tion 165(a)(2).’’; 

17 (3) in subsection (e)— 

18 (A) by striking ‘‘There is authorized’’ and 

19 inserting ‘‘For fiscal year 2022 and each fiscal 

20 year thereafter, there is authorized’’; and 

21 (B) by striking ‘‘for any of fiscal years 

22 2017 through 2020’’; and 

23 (4) in subsection (f)(1) by striking ‘‘section 1102 

24 or 3018 of the FAST Act’’ and inserting ‘‘any other 

25 provision of law’’. 


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1 SEC. 1106. TRANSPARENCY. 

2 (a) APPORTIONMENT.—Section 104 of title 23, United 

3 States Code, is amended by striking subsection (g) and in4 serting the following: 

5 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND AC6 COUNTABILITY REPORTS.— 

7 ‘‘(1) REQUIREMENT.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 compile data in accordance with this subsection 

10 on the use of Federal-aid highway funds made 

11 available under this title. 

12 ‘‘(B) USER FRIENDLY DATA.—The data 

13 compiled under subparagraph (A) shall be in a 

14 user friendly format that can be searched, 

15 downloaded, disaggregated, and filtered by data 

16 category. 

17 ‘‘(2) PROJECT DATA.— 

18 ‘‘(A) IN GENERAL.—Not later than 120 

19 days after the end of each fiscal year, the Sec20 retary shall make available on the website of the 

21 Department of Transportation a report that de22 scribes— 

23 ‘‘(i) the location of each active project 

24 within each State during such fiscal year, 

25 including in which congressional district or 

26 districts such project is located; 


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1 ‘‘(ii) the total cost of such project; 

2 ‘‘(iii) the amount of Federal funding 

3 obligated for such project; 

4 ‘‘(iv) the program or programs from 

5 which Federal funds have been obligated for 

6 such project; 

7 ‘‘(v) whether such project is located in 

8 an area of the State with a population of— 

9 ‘‘(I) less than 5,000 individuals; 

10 ‘‘(II) 5,000 or more individuals 

11 but less than 50,000 individuals; 

12 ‘‘(III) 50,000 or more individuals 

13 but less than 200,000 individuals; or 

14 ‘‘(IV) 200,000 or more individ15 uals; 

16 ‘‘(vi) whether such project is located in 

17 an area of persistent poverty, as defined in 

18 section 172(l); 

19 ‘‘(vii) the type of improvement being 

20 made by such project, including catego21 rizing such project as— 

22 ‘‘(I) a road reconstruction project; 

23 ‘‘(II) a new road construction 

24 project; 


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1 ‘‘(III) a new bridge construction 

2 project; 

3 ‘‘(IV) a bridge rehabilitation 

4 project; or 

5 ‘‘(V) a bridge replacement project; 

6 and 

7 ‘‘(viii) the functional classification of 

8 the roadway on which such project is lo9 cated. 

10 ‘‘(B) INTERACTIVE MAP.—In addition to the 

11 data made available under subparagraph (A), 

12 the Secretary shall make available on the website 

13 of the Department of Transportation an inter14 active map that displays, for each active project, 

15 the information described in clauses (i) through 

16 (v) of subparagraph (A). 

17 ‘‘(3) STATE DATA.— 

18 ‘‘(A) APPORTIONED AND ALLOCATED PRO19 GRAMS.—The website described in paragraph 

20 (2)(A) shall be updated annually to display the 

21 Federal-aid highway funds apportioned and allo22 cated to each State under this title, including— 

23 ‘‘(i) the amount of funding available 

24 for obligation by the State, including prior 


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1 unobligated balances, at the start of the fis2 cal year; 

3 ‘‘(ii) the amount of funding obligated 

4 by the State during such fiscal year; 

5 ‘‘(iii) the amount of funding remain6 ing available for obligation by the State at 

7 the end of such fiscal year; and 

8 ‘‘(iv) changes in the obligated, unex9 pended balance for the State. 

10 ‘‘(B) PROGRAMMATIC DATA.—The data de11 scribed in subparagraph (A) shall include— 

12 ‘‘(i) the amount of funding by each ap13 portioned and allocated program for which 

14 the State received funding under this title; 

15 ‘‘(ii) the amount of funding transferred 

16 between programs by the State during the 

17 fiscal year using the authority provided 

18 under section 126; and 

19 ‘‘(iii) the amount and program cat20 egory of Federal funds exchanged as de21 scribed in section 106(g)(6). 

22 ‘‘(4) DEFINITIONS.—In this subsection: 

23 ‘‘(A) ACTIVE PROJECT.— 

24 ‘‘(i) IN GENERAL.—The term ‘active 

25 project’ means a Federal-aid highway 


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1 project using funds made available under 

2 this title on which those funds were obli3 gated or expended during the fiscal year for 

4 which the estimated total cost as of the start 

5 of construction is greater than $5,000,000. 

6 ‘‘(ii) EXCLUSION.—The term ‘active 

7 project’ does not include any project for 

8 which funds are transferred to agencies 

9 other than the Federal Highway Adminis10 tration. 

11 ‘‘(B) INTERACTIVE MAP.—The term ‘inter12 active map’ means a map displayed on the pub13 lic website of the Department of Transportation 

14 that allows a user to select and view information 

15 for each active project, State, and congressional 

16 district. 

17 ‘‘(C) STATE.—The term ‘State’ means any 

18 of the 50 States or the District of Columbia.’’. 

19 (b) PROJECT APPROVAL AND OVERSIGHT.—Section 

20 106 of title 23, United States Code, is amended— 

21 (1) in subsection (g)— 

22 (A) in paragraph (4) by striking subpara23 graph (B) and inserting the following: 

24 ‘‘(B) ASSISTANCE TO STATES.—The Sec25 retary shall— 


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1 ‘‘(i) develop criteria for States to use to 

2 make the determination required under sub3 paragraph (A); and 

4 ‘‘(ii) provide training, guidance, and 

5 other assistance to States and subrecipients 

6 as needed to ensure that projects adminis7 tered by subrecipients comply with the re8 quirements of this title. 

9 ‘‘(C) PERIODIC REVIEW.—The Secretary 

10 shall review, not less frequently than every 2 

11 years, the monitoring of subrecipients by the 

12 States.’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO15 GRAMS.—A State may implement a program under 

16 which a subrecipient has the option to exchange Fed17 eral funds allocated to such subrecipient in accord18 ance with the requirements of this title for State or 

19 local funds if the State certifies to the Secretary that 

20 the State has prevailing wage and domestic content 

21 requirements that are comparable to the requirements 

22 under sections 113 and 313 and that such require23 ments shall apply to projects carried out using such 

24 funds if such projects would have been subject to the 


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1 requirements of sections 113 and 313 if such projects 

2 were carried out using Federal funds.’’; 

3 (2) in subsection (h)(3)— 

4 (A) in subparagraph (B) by striking ‘‘, as 

5 determined by the Secretary,’’; and 

6 (B) in subparagraph (D) by striking ‘‘shall 

7 assess’’ and inserting ‘‘in the case of a project 

8 proposed to be advanced as a public-private 

9 partnership, shall include a detailed value for 

10 money analysis or comparable analysis to deter11 mine’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(k) MEGAPROJECTS.— 

14 ‘‘(1) COMPREHENSIVE RISK MANAGEMENT

15 PLAN.—To be authorized for the construction of a 

16 megaproject, the recipient of Federal financial assist17 ance under this title for such megaproject shall submit 

18 to the Secretary a comprehensive risk management 

19 plan that contains— 

20 ‘‘(A) a description of the process by which 

21 the recipient will identify, quantify, and monitor 

22 the risks, including natural hazards, that might 

23 result in cost overruns, project delays, reduced 

24 construction quality, or reductions in benefits 

25 with respect to the megaproject; 


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1 ‘‘(B) examples of mechanisms the recipient 

2 will use to track risks identified pursuant to sub3 paragraph (A); 

4 ‘‘(C) a plan to control such risks; and 

5 ‘‘(D) such assurances as the Secretary deter6 mines appropriate that the recipient shall, with 

7 respect to the megaproject— 

8 ‘‘(i) regularly submit to the Secretary 

9 updated cost estimates; and 

10 ‘‘(ii) maintain and regularly reassess 

11 financial reserves for addressing known and 

12 unknown risks. 

13 ‘‘(2) PEER REVIEW GROUP.— 

14 ‘‘(A) IN GENERAL.—Not later than 90 days 

15 after the date on which a megaproject is author16 ized for construction, the recipient of Federal fi17 nancial assistance under this title for such 

18 megaproject shall establish a peer review group 

19 for such megaproject that consists of at least 5 

20 individuals (including at least 1 individual with 

21 project management experience) to give expert 

22 advice on the scientific, technical, and project 

23 management aspects of the megaproject. 

24 ‘‘(B) MEMBERSHIP.— 


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1 ‘‘(i) IN GENERAL.—Not later than 180 

2 days after the date of enactment of this sub3 section, the Secretary shall establish guide4 lines describing how a recipient described in 

5 subparagraph (A) shall— 

6 ‘‘(I) recruit and select members 

7 for a peer review group established 

8 under such subparagraph; and 

9 ‘‘(II) make publicly available the 

10 criteria for such selection and identify 

11 the members so selected. 

12 ‘‘(ii) CONFLICT OF INTEREST.—No 

13 member of a peer review group for a 

14 megaproject may have a direct or indirect 

15 financial interest in such megaproject. 

16 ‘‘(C) TASKS.—A peer review group estab17 lished under subparagraph (A) by a recipient of 

18 Federal financial assistance for a megaproject 

19 shall— 

20 ‘‘(i) meet annually until completion of 

21 the megaproject; 

22 ‘‘(ii) not later than 90 days after the 

23 date of the establishment of the peer review 

24 group and not later than 90 days after the 

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1 mined by the Secretary, to the scope, sched2 ule, or budget of the megaproject, review the 

3 scope, schedule, and budget of the 

4 megaproject, including planning, engineer5 ing, financing, and any other elements de6 termined appropriate by the Secretary; and 

7 ‘‘(iii) submit to the Secretary, Con8 gress, and such recipient a report on the 

9 findings of each review under clause (ii). 

10 ‘‘(3) TRANSPARENCY.—Not later than 90 days 

11 after the submission of a report under paragraph 

12 (2)(C)(iii), the Secretary shall publish on the website 

13 of the Department of Transportation such report. 

14 ‘‘(4) MEGAPROJECT DEFINED.—In this sub15 section, the term ‘megaproject’ means a project under 

16 this title that has an estimated total cost of 

17 $2,000,000,000 or more, and such other projects as 

18 may be identified by the Secretary. 

19 ‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— 

20 ‘‘(1) PUBLIC AVAILABILITY.—The Secretary shall 

21 publish on the website of the Department of Transpor22 tation a copy of all letters of interest, proposals, 

23 workplans, and reports related to the special experi24 mental project authority pursuant to section 502(b). 

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1 mation, as necessary, from any such information 

2 published. 

3 ‘‘(2) NOTIFICATION AND OPPORTUNITY FOR COM4 MENT.—Not later than 30 days before making a de5 termination to proceed with an experiment under a 

6 letter of interest described in paragraph (1), the Sec7 retary shall provide notification and an opportunity 

8 for public comment on the letter of interest and the 

9 Secretary’s proposed response. 

10 ‘‘(3) REPORT TO CONGRESS.—Not later than 2 

11 years after the date of enactment of the INVEST in 

12 America Act, the Secretary shall submit to the Com13 mittee on Transportation and Infrastructure of the 

14 House of Representatives and the Committee on Envi15 ronment and Public Works of the Senate a report that 

16 includes— 

17 ‘‘(A) a summary of each experiment de18 scribed in this subsection carried out over the 

19 previous 5 years; and 

20 ‘‘(B) legislative recommendations, if any, 

21 based on the findings of such experiments. 

22 ‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT AND

23 ACCOUNTABILITY.— 

24 ‘‘(1) IN GENERAL.—To ensure the accountability 

25 and oversight of the discretionary grant selection 


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1 process administered by the Secretary, a covered pro2 gram shall be subject to the requirements of this sec3 tion, in addition to the requirements applicable to 

4 each covered program. 

5 ‘‘(2) APPLICATION PROCESS.—The Secretary 

6 shall— 

7 ‘‘(A) develop a template for applicants to 

8 use to summarize— 

9 ‘‘(i) project needs and benefits; and 

10 ‘‘(ii) any factors, requirements, or con11 siderations established for the applicable 

12 covered program; 

13 ‘‘(B) create a data driven process to evalu14 ate, as set forth in the covered program, each eli15 gible project for which an application is received; 

16 and 

17 ‘‘(C) make a determination, based on the 

18 evaluation made pursuant to subparagraph (B), 

19 on any ratings, rankings, scores, or similar 

20 metrics for applications made to the covered pro21 gram. 

22 ‘‘(3) NOTIFICATION OF CONGRESS.—Not less than 

23 15 days before making a grant for a covered program, 

24 the Secretary shall notify, in writing, the Committee 

25 on Transportation and Infrastructure of the House of 


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1 Representatives and the Committee on the Environ2 ment and Public Works of the Senate of— 

3 ‘‘(A) the amount for each project proposed 

4 to be selected; 

5 ‘‘(B) a description of the review process; 

6 ‘‘(C) for each application, the determination 

7 made under paragraph (2)(C); and 

8 ‘‘(D) a detailed explanation of the basis for 

9 each award proposed to be selected. 

10 ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later 

11 than 30 days after making a grant for a project 

12 under a covered program, the Secretary shall send to 

13 all applicants under such covered program, and pub14 lish on the website of the Department of Transpor15 tation— 

16 ‘‘(A) a summary of each application made 

17 to the covered program for the given round of 

18 funding; and 

19 ‘‘(B) the evaluation and justification for the 

20 project selection, including all ratings, rankings, 

21 scores, or similar metrics for applications made 

22 to the covered program for the given round of 

23 funding during each phase of the grant selection 

24 process. 


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1 ‘‘(5) BRIEFING.—The Secretary shall provide, at 

2 the request of a grant applicant of a covered program, 

3 the opportunity to receive a briefing to explain any 

4 reasons the grant applicant was not awarded a grant. 

5 ‘‘(6) TEMPLATE.—The Secretary shall, to the ex6 tent practicable, develop a template as described in 

7 paragraph (2)(A) for any discretionary program ad8 ministered by the Secretary that is not a covered pro9 gram. 

10 ‘‘(7) COVERED PROGRAM DEFINED.—The term 

11 ‘covered program’ means each of the following discre12 tionary grant programs: 

13 ‘‘(A) Community climate innovation grants 

14 under section 172. 

15 ‘‘(B) Electric vehicle charging and hydrogen 

16 fueling infrastructure grants under section 

17 151(f). 

18 ‘‘(C) Federal lands and tribal major 

19 projects grants under section 208. 

20 ‘‘(D) Safe, efficient mobility through ad21 vanced technologies grants under section 

22 503(c)(4).’’. 

23 (c) DIVISION OFFICE CONSISTENCY.—Not later than 

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1 troller General of the United States shall submit to Congress 

2 a report that— 

3 (1) analyzes the consistency of determinations 

4 among division offices of the Federal Highway Ad5 ministration; and 

6 (2) makes recommendations to improve the con7 sistency of such determinations. 

8 SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET 

9 DESIGN. 

10 (a) STANDARDS.—Section 109 of title 23, United 

11 States Code, is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1) by striking ‘‘planned 

14 future traffic of the highway in a manner that 

15 is conducive to’’ and inserting ‘‘future oper16 ational performance of the facility in a manner 

17 that enhances’’; and 

18 (B) in paragraph (2) by inserting ‘‘, taking 

19 into consideration context sensitive design prin20 ciples’’ after ‘‘each locality’’; 

21 (2) in subsection (b)— 

22 (A) by striking ‘‘The geometric’’ and insert23 ing ‘‘DESIGN CRITERIA FOR THE INTERSTATE

24 SYSTEM.—The geometric’’; and 


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1 (B) by striking ‘‘the types and volumes of 

2 traffic anticipated for such project for the twen3 ty-year period commencing on the date of ap4 proval by the Secretary, under section 106 of this 

5 title, of the plans, specifications, and estimates 

6 for actual construction of such project’’ and in7 serting ‘‘the existing and future operational per8 formance of the facility’’; 

9 (3) in subsection (c)(1)— 

10 (A) in subparagraph (C) by striking ‘‘; 

11 and’’ and inserting a semicolon; 

12 (B) in subparagraph (D) by striking the pe13 riod and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(E) context sensitive design principles.’’; 

16 (4) by striking subsection (o) and inserting the 

17 following: 

18 ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON-NHS 

19 PROJECTS.— 

20 ‘‘(1) IN GENERAL.—Projects (other than highway 

21 projects on the National Highway System) shall— 

22 ‘‘(A) be designed, constructed, operated, and 

23 maintained in accordance with State laws, regu24 lations, directives, safety standards, design 

25 standards, and construction standards; and 


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1 ‘‘(B) take into consideration context sen2 sitive design principles. 

3 ‘‘(2) DESIGN FLEXIBILITY.— 

4 ‘‘(A) IN GENERAL.—A local jurisdiction 

5 may deviate from the roadway design publica6 tion used by the State in which the local juris7 diction is located for the design of a project on 

8 a roadway (other than a highway on the Na9 tional Highway System) if— 

10 ‘‘(i) the deviation is approved by the 

11 Secretary; and 

12 ‘‘(ii) the design complies with all other 

13 applicable Federal laws. 

14 ‘‘(B) STATE-OWNED ROADS.—In the case of 

15 a roadway under the ownership of the State, the 

16 local jurisdiction may only deviate from the 

17 roadway design publication used by the State 

18 with the concurrence of the State. 

19 ‘‘(C) PROGRAMMATIC BASIS.—The Secretary 

20 may approve a deviation under this paragraph 

21 on a project, multiple project, or programmatic 

22 basis.’’; and 

23 (5) by adding at the end the following: 

24 ‘‘(s) CONTEXT SENSITIVE DESIGN.— 


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1 ‘‘(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.— 

2 The Secretary shall collaborate with the American As3 sociation of State Highway Transportation Officials 

4 to ensure that any roadway design publications ap5 proved by the Secretary under this section provide 

6 adequate flexibility for a project sponsor to select the 

7 appropriate design of a roadway, consistent with con8 text sensitive design principles. 

9 ‘‘(2) POLICIES OR PROCEDURES.— 

10 ‘‘(A) IN GENERAL.—Not later than 1 year 

11 after the Secretary publishes the final guidance 

12 described in paragraph (3), each State shall 

13 adopt policies or procedures to evaluate the con14 text of a proposed roadway and select the appro15 priate design, consistent with context sensitive 

16 design principles. 

17 ‘‘(B) LOCAL GOVERNMENTS.—The Secretary 

18 and States shall encourage local governments to 

19 adopt policies or procedures described under sub20 paragraph (A). 

21 ‘‘(C) CONSIDERATIONS.—The policies or 

22 procedures developed under this paragraph shall 

23 take into consideration the guidance developed 

24 by the Secretary under paragraph (3). 

25 ‘‘(3) GUIDANCE.— 


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1 ‘‘(A) IN GENERAL.— 

2 ‘‘(i) NOTICE.—Not later than 1 year 

3 after the date of enactment of this sub4 section, the Secretary shall publish guidance 

5 on the official website of the Department of 

6 Transportation on context sensitive design. 

7 ‘‘(ii) PUBLIC REVIEW AND COMMENT.— 

8 The guidance described in this paragraph 

9 shall be finalized following an opportunity 

10 for public review and comment. 

11 ‘‘(iii) UPDATE.—The Secretary shall 

12 periodically update the guidance described 

13 in this paragraph, including the model poli14 cies or procedures described under subpara15 graph (B)(v). 

16 ‘‘(B) REQUIREMENTS.—The guidance de17 scribed in this paragraph shall— 

18 ‘‘(i) provide best practices for States, 

19 metropolitan planning organizations, re20 gional transportation planning organiza21 tions, local governments, or other project 

22 sponsors to carry out context sensitive de23 sign principles; 

24 ‘‘(ii) identify opportunities to modify 

25 planning, scoping, design, and development 


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1 procedures to more effectively combine 

2 modes of transportation into integrated fa3 cilities that meet the needs of each of such 

4 modes of transportation in an appropriate 

5 balance; 

6 ‘‘(iii) identify metrics to assess the 

7 context of the facility, including sur8 rounding land use or roadside characteris9 tics; 

10 ‘‘(iv) assess the expected operational 

11 and safety performance of alternative ap12 proaches to facility design; and 

13 ‘‘(v) taking into consideration the find14 ings of this guidance, establish model poli15 cies or procedures for a State or other 

16 project sponsor to evaluate the context of a 

17 proposed facility and select the appropriate 

18 facility design for the context. 

19 ‘‘(C) TOPICS OF EMPHASIS.—In publishing 

20 the guidance described in this paragraph, the 

21 Secretary shall emphasize— 

22 ‘‘(i) procedures for identifying the 

23 needs of users of all ages and abilities of a 

24 particular roadway; 


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1 ‘‘(ii) procedures for identifying the 

2 types and designs of facilities needed to 

3 serve various modes of transportation; 

4 ‘‘(iii) safety and other benefits pro5 vided by carrying out context sensitive de6 sign principles; 

7 ‘‘(iv) common barriers to carrying out 

8 context sensitive design principles; 

9 ‘‘(v) procedures for overcoming the 

10 most common barriers to carrying out con11 text sensitive design principles; 

12 ‘‘(vi) procedures for identifying the 

13 costs associated with carrying out context 

14 sensitive design principles; 

15 ‘‘(vii) procedures for maximizing local 

16 cooperation in the introduction of context 

17 sensitive design principles and carrying out 

18 those principles; and 

19 ‘‘(viii) procedures for assessing and 

20 modifying the facilities and operational 

21 characteristics of existing roadways to im22 prove consistency with context sensitive de23 sign principles. 

24 ‘‘(4) FUNDING.—Amounts made available under 

25 sections 104(b)(6) and 505 of this title may be used 


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1 for States, local governments, metropolitan planning 

2 organizations, or regional transportation planning 

3 organizations to adopt policies or procedures to evalu4 ate the context of a proposed roadway and select the 

5 appropriate design, consistent with context sensitive 

6 design principles.’’. 

7 (b) CONFORMING AMENDMENT.—Section 1404(b) of 

8 the FAST Act (23 U.S.C. 109 note) is repealed. 

9 SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL 

10 SHARE. 

11 (a) IN GENERAL.—Section 120(c)(3)(B) of title 23, 

12 United States Code, is amended— 

13 (1) by striking clauses (i) and (ii) and inserting 

14 the following: 

15 ‘‘(i) prefabricated bridge elements and 

16 systems, innovative materials, and other 

17 technologies to reduce bridge construction 

18 time, extend service life, and reduce preser19 vation costs, as compared to conventionally 

20 designed and constructed bridges; 

21 ‘‘(ii) innovative construction equip22 ment, materials, techniques, or practices, 

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1 nologies, and advanced digital construction 

2 management systems;’’; 

3 (2) by redesignating clause (vi) as clause (vii); 

4 (3) in clause (v) by striking ‘‘or’’ at the end; and 

5 (4) by inserting after clause (v) the following: 

6 ‘‘(vi) innovative pavement materials 

7 that demonstrate reductions in greenhouse 

8 gas emissions through sequestration or inno9 vative manufacturing processes; or’’. 

10 (b) TECHNICAL AMENDMENT.—Section 107(a)(2) of 

11 title 23, United States Code, is amended by striking ‘‘sub12 section (c) of’’. 

13 SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 

14 FUNDS. 

15 Section 126(b) of title 23, United States Code, is 

16 amended— 

17 (1) in the heading by inserting ‘‘AND PRO18 GRAMS’’ after ‘‘SET-ASIDES’’; 

19 (2) in paragraph (1) by striking ‘‘and 

20 133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), 

21 133(h), 149, and 171’’; and 

22 (3) by striking paragraph (2) and inserting the 

23 following: 

24 ‘‘(2) ENVIRONMENTAL PROGRAMS.—With respect 

25 to an apportionment under either paragraph (4) or 


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1 paragraph (9) of section 104(b), and notwithstanding 

2 paragraph (1), a State may only transfer not more 

3 than 50 percent from the amount of the apportion4 ment of either such paragraph to the apportionment 

5 under the other such paragraph in a fiscal year.’’. 

6 SEC. 1110. TOLLING. 

7 (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER8 RIES.—Section 129 of title 23, United States Code, is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) by striking paragraph (1) and inserting 

12 the following: 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) AUTHORIZATION.—Subject to the pro15 visions of this section, Federal participation 

16 shall be permitted on the same basis and in the 

17 same manner as construction of toll-free high18 ways is permitted under this chapter in the— 

19 ‘‘(i) initial construction of a toll high20 way, bridge, or tunnel or approach to the 

21 highway, bridge, or tunnel; 

22 ‘‘(ii) initial construction of 1 or more 

23 lanes or other improvements that increase 

24 capacity of a highway, bridge, or tunnel 

25 (other than a highway on the Interstate 


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1 System) and conversion of that highway, 

2 bridge, or tunnel to a tolled facility, if the 

3 number of toll-free lanes, excluding auxil4 iary lanes, after the construction is not less 

5 than the number of toll-free lanes, excluding 

6 auxiliary lanes, before the construction; 

7 ‘‘(iii) initial construction of 1 or more 

8 lanes or other improvements that increase 

9 the capacity of a highway, bridge, or tunnel 

10 on the Interstate System and conversion of 

11 that highway, bridge, or tunnel to a tolled 

12 facility, if the number of toll-free non-HOV 

13 lanes, excluding auxiliary lanes, after such 

14 construction is not less than the number of 

15 toll-free non-HOV lanes, excluding auxil16 iary lanes, before such construction; 

17 ‘‘(iv) reconstruction, resurfacing, res18 toration, rehabilitation, or replacement of a 

19 toll highway, bridge, or tunnel or approach 

20 to the highway, bridge, or tunnel; 

21 ‘‘(v) reconstruction or replacement of a 

22 toll-free bridge or tunnel and conversion of 

23 the bridge or tunnel to a toll facility; 

24 ‘‘(vi) reconstruction of a toll-free Fed25 eral-aid highway (other than a highway on 


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1 the Interstate System) and conversion of the 

2 highway to a toll facility; 

3 ‘‘(vii) reconstruction, restoration, or 

4 rehabilitation of a highway on the Inter5 state System if the number of toll-free non6 HOV lanes, excluding auxiliary lanes, after 

7 reconstruction, restoration, or rehabilitation 

8 is not less than the number of toll-free non9 HOV lanes, excluding auxiliary lanes, be10 fore reconstruction, restoration, or rehabili11 tation; 

12 ‘‘(viii) conversion of a high occupancy 

13 vehicle lane on a highway, bridge, or tunnel 

14 to a toll facility, subject to the requirements 

15 of section 166; and 

16 ‘‘(ix) preliminary studies to determine 

17 the feasibility of a toll facility for which 

18 Federal participation is authorized under 

19 this paragraph. 

20 ‘‘(B) AGREEMENT TO TOLL.— 

21 ‘‘(i) IN GENERAL.—Before the Sec22 retary may authorize tolling under this sub23 section, the public authority with jurisdic24 tion over a highway, bridge, or tunnel shall 

25 enter into an agreement with the Secretary 


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1 to ensure compliance with the requirements 

2 of this subsection. 

3 ‘‘(ii) APPLICABILITY.— 

4 ‘‘(I) IN GENERAL.—The require5 ments of this subparagraph shall apply 

6 to— 

7 ‘‘(aa) Federal participation 

8 under subparagraph (A); 

9 ‘‘(bb) any prior Federal par10 ticipation in the facility proposed 

11 to be tolled; and 

12 ‘‘(cc) conversion, with or 

13 without Federal participation, of 

14 a non-tolled lane on the National 

15 Highway System to a toll facility 

16 under subparagraph (E). 

17 ‘‘(II) HOV FACILITY.—Except as 

18 otherwise provided in this subsection or 

19 section 166, the provisions of this 

20 paragraph shall not apply to a high 

21 occupancy vehicle facility. 

22 ‘‘(iii) MAJOR FEDERAL ACTION.—Ap23 proval by the Secretary of an agreement to 

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1 tional Environmental Policy Act of 1969 

2 (42 U.S.C. 4321 et seq.). 

3 ‘‘(C) AGREEMENT CONDITIONS.—Prior to 

4 entering into an agreement to toll under sub5 paragraph (B), the public authority shall certify 

6 to the Secretary that— 

7 ‘‘(i) the public authority has estab8 lished procedures to ensure the toll meets the 

9 purposes and requirements of this sub10 section; 

11 ‘‘(ii) the facility shall provide for ac12 cess at no cost to public transportation ve13 hicles and over-the-road buses serving the 

14 public; and 

15 ‘‘(iii) the facility shall provide for the 

16 regional interoperability of electronic toll 

17 collection, including through technologies or 

18 business practices. 

19 ‘‘(D) CONSIDERATION OF IMPACTS.— 

20 ‘‘(i) IN GENERAL.—Prior to entering 

21 into an agreement to toll under subpara22 graph (B), the Secretary shall ensure the 

23 public authority has adequately considered, 

24 including by providing an opportunity for 


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1 public comment, the following factors with2 in the corridor: 

3 ‘‘(I) Congestion impacts on both 

4 the toll facility and in the corridor or 

5 cordon (including adjacent toll-free fa6 cilities). 

7 ‘‘(II) In the case of a non-attain8 ment or maintenance area, air quality 

9 impacts. 

10 ‘‘(III) Planned investments to im11 prove public transportation or other 

12 non-tolled alternatives in the corridor. 

13 ‘‘(IV) Environmental justice and 

14 equity impacts. 

15 ‘‘(V) Impacts on freight move16 ment. 

17 ‘‘(VI) Economic impacts on busi18 nesses. 

19 ‘‘(ii) CONSIDERATION IN ENVIRON20 MENTAL REVIEW.—Nothing in this subpara21 graph shall limit a public authority from 

22 meeting the requirements of this subpara23 graph through the environmental review 

24 process, as applicable. 

25 ‘‘(E) CONGESTION PRICING.— 


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1 ‘‘(i) IN GENERAL.—The Secretary may 

2 authorize conversion of a non-tolled lane on 

3 the National Highway System to a toll fa4 cility to utilize pricing to manage the de5 mand to use the facility by varying the toll 

6 amount that is charged. 

7 ‘‘(ii) REQUIREMENT.—Prior to enter8 ing into an agreement to convert a non9 tolled lane on the National Highway Sys10 tem to a toll facility, the Secretary shall en11 sure (in addition to the requirements under 

12 subparagraphs (B), (C), and (D)) that such 

13 toll facility and the planned investments to 

14 improve public transportation or other non15 tolled alternatives in the corridor are rea16 sonably expected to improve the operation of 

17 the cordon or corridor, as described in 

18 clauses (iii) and (iv). 

19 ‘‘(iii) PERFORMANCE MONITORING.—A 

20 public authority that enters into an agree21 ment to convert a non-tolled lane to a toll 

22 facility under this subparagraph shall— 

23 ‘‘(I) establish, monitor, and sup24 port a performance monitoring, eval25 uation, and reporting program— 


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1 ‘‘(aa) for the toll facility that 

2 provides for continuous moni3 toring, assessment, and reporting 

4 on the impacts that the pricing 

5 structure may have on the oper6 ation of the facility; and 

7 ‘‘(bb) for the corridor or cor8 don that provides for continuous 

9 monitoring, assessment, and re10 porting on the impacts of conges11 tion pricing on the operation of 

12 the corridor or cordon; 

13 ‘‘(II) submit to the Secretary an14 nual reports of the impacts described 

15 in subclause (I); and 

16 ‘‘(III) if the facility or the cor17 ridor or cordon becomes degraded, as 

18 described in clause (iv), submit to the 

19 Secretary an annual update that de20 scribes the actions proposed to bring 

21 the toll facility into compliance and 

22 the progress made on such actions. 

23 ‘‘(iv) DETERMINATION.— 

24 ‘‘(I) DEGRADED OPERATION.—For 

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1 ation of a toll facility shall be consid2 ered to be degraded if vehicles oper3 ating on the facility are failing to 

4 maintain a minimum average oper5 ating speed 90 percent of the time over 

6 a consecutive 180-day period during 

7 peak hour periods. 

8 ‘‘(II) DEGRADED CORRIDOR OR

9 CORDON.—For the purposes of clause 

10 (iii)(III), a corridor or cordon shall be 

11 considered to be degraded if congestion 

12 pricing or investments to improve pub13 lic transportation or other non-tolled 

14 alternatives have not resulted in— 

15 ‘‘(aa) an increase in person 

16 or freight throughput in the cor17 ridor or cordon; or 

18 ‘‘(bb) a reduction in person 

19 hours of delay in the corridor or 

20 cordon, as determined by the Sec21 retary. 

22 ‘‘(III) DEFINITION OF MINIMUM

23 AVERAGE OPERATING SPEED.—In this 

24 subparagraph, the term ‘minimum av25 erage operating speed’ means— 


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1 ‘‘(aa) 35 miles per hour, in 

2 the case of a toll facility with a 

3 speed limit of 45 miles per hour 

4 or greater; and 

5 ‘‘(bb) not more than 10 miles 

6 per hour below the speed limit, in 

7 the case of a toll facility with a 

8 speed limit of less than 50 miles 

9 per hour. 

10 ‘‘(v) MAINTENANCE OF OPERATING

11 PERFORMANCE.— 

12 ‘‘(I) IN GENERAL.—Not later than 

13 180 days after the date on which a fa14 cility or a corridor or cordon becomes 

15 degraded under clause (iv), the public 

16 authority with jurisdiction over the fa17 cility shall submit to the Secretary for 

18 approval a plan that details the ac19 tions the public authority will take to 

20 make significant progress toward 

21 bringing the facility or corridor or cor22 don into compliance with this subpara23 graph. 

24 ‘‘(II) NOTICE OF APPROVAL OR

25 DISAPPROVAL.—Not later than 60 days 


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1 after the date of receipt of a plan 

2 under subclause (I), the Secretary shall 

3 provide to the public authority a writ4 ten notice indicating whether the Sec5 retary has approved or disapproved the 

6 plan based on a determination of 

7 whether the implementation of the plan 

8 will make significant progress toward 

9 bringing the facility or corridor or cor10 don into compliance with this subpara11 graph. 

12 ‘‘(III) UPDATE.—Until the date 

13 on which the Secretary determines that 

14 the public authority has brought the fa15 cility or corridor or cordon into com16 pliance with this subparagraph, the 

17 public authority shall submit annual 

18 updates that describe— 

19 ‘‘(aa) the actions taken to 

20 bring the facility into compliance; 

21 ‘‘(bb) the actions taken to 

22 bring the corridor or cordon into 

23 compliance; and 

24 ‘‘(cc) the progress made by 

25 those actions. 


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1 ‘‘(IV) COMPLIANCE.—If a public 

2 authority fails to bring a facility into 

3 compliance under this subparagraph, 

4 the Secretary may subject the public 

5 authority to appropriate program 

6 sanctions under section 1.36 of title 23, 

7 Code of Federal Regulations (or suc8 cessor regulations), until the perform9 ance is no longer degraded. 

10 ‘‘(vi) CONSULTATION OF MPO.—If a 

11 toll facility authorized under this subpara12 graph is located on the National Highway 

13 System and in a metropolitan planning 

14 area established in accordance with section 

15 134, the public authority shall consult with 

16 the metropolitan planning organization for 

17 the area. 

18 ‘‘(vii) INCLUSION.—For the purposes of 

19 this paragraph, the corridor or cordon shall 

20 include toll-free facilities that are adjacent 

21 to the toll facility.’’; 

22 (B) in paragraph (3)— 

23 (i) in subparagraph (A)— 

24 (I) in clause (iv) by striking 

25 ‘‘and’’ at the end; and 


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1 (II) by striking clause (v) and in2 serting the following: 

3 ‘‘(v) any project eligible under this 

4 title or chapter 53 of title 49 that improves 

5 the operation of the corridor or cordon by 

6 increasing person or freight throughput and 

7 reducing person hours of delay; 

8 ‘‘(vi) toll discounts or rebates for users 

9 of the toll facility that have no reasonable 

10 alternative transportation method to the toll 

11 facility; and 

12 ‘‘(vii) if the public authority certifies 

13 annually that the tolled facility is being 

14 adequately maintained and the cordon or 

15 corridor is not degraded under paragraph 

16 (1)(E), any revenues remaining after fund17 ing the activities described in clauses (i) 

18 through (vi) shall be considered surplus rev19 enue and may be used for any other purpose 

20 for which Federal funds may be obligated 

21 by a State under this title or chapter 53 of 

22 title 49.’’; 

23 (ii) by striking subparagraph (B) and 

24 inserting the following: 

25 ‘‘(B) TRANSPARENCY.— 


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1 ‘‘(i) ANNUAL AUDIT.— 

2 ‘‘(I) IN GENERAL.—A public au3 thority with jurisdiction over a toll fa4 cility shall conduct or have an inde5 pendent auditor conduct an annual 

6 audit of toll facility records to verify 

7 adequate maintenance and compliance 

8 with subparagraph (A), and report the 

9 results of the audits to the Secretary. 

10 ‘‘(II) RECORDS.—On reasonable 

11 notice, the public authority shall make 

12 all records of the public authority per13 taining to the toll facility available for 

14 audit by the Secretary. 

15 ‘‘(ii) USE OF REVENUES.—A State or 

16 public authority that obligates amounts 

17 under clauses (v), (vi), or (vii) of subpara18 graph (A) shall annually report to the Sec19 retary a list of activities funded with such 

20 amounts and the amount of funding pro21 vided for each such activity.’’; 

22 (C) in paragraph (8) by striking ‘‘as of the 

23 date of enactment of the MAP–21, before com24 mencing any activity authorized’’ and inserting 

25 ‘‘, before commencing any activity authorized’’; 


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1 (D) in paragraph (9)— 

2 (i) by striking ‘‘bus’’ and inserting 

3 ‘‘vehicle’’; and 

4 (ii) by striking ‘‘buses’’ and inserting 

5 ‘‘vehicles’’; and 

6 (E) by striking paragraph (10) and insert7 ing the following: 

8 ‘‘(10) INTEROPERABILITY OF ELECTRONIC TOLL

9 COLLECTION.—All toll facilities on Federal-aid high10 ways shall provide for the regional interoperability of 

11 electronic toll collection, including through tech12 nologies or business practices. 

13 ‘‘(11) NONCOMPLIANCE.—If the Secretary con14 cludes that a public authority has not complied with 

15 the requirements of this subsection, the Secretary may 

16 require the public authority to discontinue collecting 

17 tolls until the public authority and the Secretary 

18 enter into an agreement for the public authority to 

19 achieve compliance with such requirements. 

20 ‘‘(12) DEFINITIONS.—In this subsection, the fol21 lowing definitions apply: 

22 ‘‘(A) FEDERAL PARTICIPATION.—The term 

23 ‘Federal participation’ means the use of funds 

24 made available under this title. 


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1 ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.— 

2 The term ‘high occupancy vehicle’ or ‘HOV’ 

3 means a vehicle with not fewer than 2 occupants. 

4 ‘‘(C) INITIAL CONSTRUCTION.— 

5 ‘‘(i) IN GENERAL.—The term ‘initial 

6 construction’ means the construction of a 

7 highway, bridge, tunnel, or other facility at 

8 any time before it is open to traffic. 

9 ‘‘(ii) EXCLUSIONS.—The term ‘initial 

10 construction’ does not include any improve11 ment to a highway, bridge, tunnel, or other 

12 facility after it is open to traffic. 

13 ‘‘(D) OVER-THE-ROAD BUS.—The term 

14 ‘over-the-road bus’ has the meaning given the 

15 term in section 301 of the Americans with Dis16 abilities Act of 1990 (42 U.S.C. 12181). 

17 ‘‘(E) PUBLIC AUTHORITY.—The term ‘pub18 lic authority’ means a State, interstate compact 

19 of States, or public entity designated by a State. 

20 ‘‘(F) PUBLIC TRANSPORTATION VEHICLE.— 

21 The term ‘public transportation vehicle’ has the 

22 meaning given that term in section 166. 

23 ‘‘(G) TOLL FACILITY.—The term ‘toll facil24 ity’ means a toll highway, bridge, or tunnel or 

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1 structed or authorized to be tolled under this sub2 section.’’. 

3 (b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC4 TION AND REHABILITATION PILOT PROGRAM.—Section 

5 1216 of the Transportation Equity Act for the 21st Century 

6 (23 U.S.C. 129 note), and the item related to such section 

7 in the table of contents in section 1(b) of such Act, are re8 pealed. 

9 (c) VALUE PRICING PILOT PROGRAM.—Section 

10 1012(b) of the Intermodal Surface Transportation Effi11 ciency Act of 1991 (23 U.S.C. 149 note) is amended by add12 ing at the end the following: 

13 ‘‘(9) SUNSET.—The Secretary may not consider 

14 an expression of interest submitted under this section 

15 after the date of enactment of this paragraph.’’. 

16 (d) SAVINGS CLAUSE.— 

17 (1) APPLICATION OF LIMITATIONS.—Any toll fa18 cility described in paragraph (2) shall be subject to 

19 the requirements of section 129(a)(3) of title 23, 

20 United States Code, as in effect on the day before the 

21 date of enactment of this Act. 

22 (2) TOLL FACILITIES.—A toll facility described 

23 in this paragraph is a facility that, on the day prior 

24 to the date of enactment of this Act, was— 

25 (A) operating; 


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1 (B) in the planning and design phase; or 

2 (C) in the construction phase. 

3 (e) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, the Secretary of Transportation 

5 shall submit to Congress a report on the implementation 

6 of the interoperability of toll collection as required under 

7 section 1512(b) of MAP–21, including an assessment of the 

8 progress in, and barriers on, such implementation. 

9 SEC. 1111. HOV FACILITIES. 

10 Section 166 of title 23, United States Code, is amend11 ed— 

12 (1) in subsection (b)— 

13 (A) in paragraph (4)(C)(iii) by striking 

14 ‘‘transportation buses’’ and inserting ‘‘transpor15 tation vehicles’’; and 

16 (B) in paragraph (5)(B) by striking ‘‘2019’’ 

17 and inserting ‘‘2025’’; 

18 (2) in subsection (d)(2)(A)(i) by striking ‘‘45 

19 miles per hour, in the case of a toll facility with a 

20 speed of 50 miles per hour or greater’’ and inserting 

21 ‘‘35 miles per hour, in the case of a toll facility with 

22 a speed limit of 45 miles per hour or greater’’; 

23 (3) in subsection (d)(2)(B) by striking ‘‘morning 

24 or evening weekday peak hour periods (or both)’’ and 

25 inserting ‘‘peak hour periods’’; 


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1 (4) in subsection (e)— 

2 (A) by striking ‘‘Not later than 180 days 

3 after the date of enactment of this section, the 

4 Administrator’’ and inserting ‘‘The Adminis5 trator’’; 

6 (B) in paragraph (1) by striking ‘‘and’’ at 

7 the end; 

8 (C) in paragraph (2) by striking the period 

9 at the end and inserting ‘‘; and’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(3) not later than 180 days after the date of en12 actment of the INVEST in America Act, update the 

13 requirements established under paragraph (1).’’; and 

14 (5) in subsection (f)— 

15 (A) in paragraph (1)— 

16 (i) by striking subparagraphs (C), (D), 

17 and (F); and 

18 (ii) by redesignating subparagraphs 

19 (E), (G), (H), and (I) as subparagraphs 

20 (C), (D), (E), and (F), respectively; and 

21 (B) in paragraph (6)(B)(i) by striking 

22 ‘‘public entity’’ and inserting ‘‘public transpor23 tation service that is a recipient or subrecipient 

24 of funds under chapter 53 of title 49’’. 


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1 SEC. 1112. BUY AMERICA. 

2 (a) IN GENERAL.—Section 313 of title 23, United 

3 States Code, is amended— 

4 (1) in subsection (a)— 

5 (A) by striking ‘‘Notwithstanding’’ and in6 serting ‘‘IN GENERAL.—Notwithstanding’’; 

7 (B) by striking ‘‘Secretary of Transpor8 tation’’ and inserting ‘‘Secretary’’; 

9 (C) by striking ‘‘the Surface Transportation 

10 Assistance Act of 1982 (96 Stat. 2097) or’’; and 

11 (D) by striking ‘‘and manufactured prod12 ucts’’ and inserting ‘‘manufactured products, 

13 and construction materials’’; 

14 (2) in subsection (b) by inserting ‘‘DETERMINA15 TION.—’’ before ‘‘The provisions’’; 

16 (3) in subsection (c) by striking ‘‘For purposes’’ 

17 and inserting ‘‘CALCULATION.—For purposes’’; 

18 (4) in subsection (d)— 

19 (A) by striking ‘‘The Secretary of Transpor20 tation’’ and inserting ‘‘REQUIREMENTS.—The 

21 Secretary’’; and 

22 (B) by striking ‘‘the Surface Transportation 

23 Assistance Act of 1982 (96 Stat. 2097) or’’; and 

24 (5) by adding at the end the following: 

25 ‘‘(h) WAIVER PROCEDURE.— 


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1 ‘‘(1) IN GENERAL.—Not later than 120 days 

2 after the submission of a request for a waiver, the 

3 Secretary shall make a determination under para4 graph (1) or (2) of subsection (b) as to whether sub5 section (a) shall apply. 

6 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 

7 ‘‘(A) IN GENERAL.—Not later than 30 days 

8 before making a determination regarding a 

9 waiver described in paragraph (1), the Secretary 

10 shall provide notification and an opportunity for 

11 public comment on the request for such waiver. 

12 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 

13 notification required under subparagraph (A) 

14 shall— 

15 ‘‘(i) describe whether the application is 

16 being made for a determination described in 

17 subsection (b)(1); and 

18 ‘‘(ii) be provided to the public by elec19 tronic means, including on the public 

20 website of the Department of Transpor21 tation. 

22 ‘‘(3) DETERMINATION.—Before a determination 

23 described in paragraph (1) takes effect, the Secretary 

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1 mination that addresses all public comments received 

2 under paragraph (2)— 

3 ‘‘(A) on the public website of the Depart4 ment of Transportation; and 

5 ‘‘(B) if the Secretary issues a waiver with 

6 respect to such determination, in the Federal 

7 Register. 

8 ‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— 

9 ‘‘(1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this subsection, and at least 

11 every 5 years thereafter, the Secretary shall review 

12 any standing nationwide waiver issued by the Sec13 retary under this section to ensure such waiver re14 mains justified. 

15 ‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY

16 FOR COMMENT.— 

17 ‘‘(A) IN GENERAL.—Not later than 30 days 

18 before the completion of a review under para19 graph (1), the Secretary shall provide notifica20 tion and an opportunity for public comment on 

21 such review. 

22 ‘‘(B) MEANS OF NOTIFICATION.—Notifica23 tion provided under this subparagraph shall be 

24 provided by electronic means, including on the 


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1 public website of the Department of Transpor2 tation. 

3 ‘‘(3) DETAILED JUSTIFICATION IN FEDERAL REG4 ISTER.—After the completion of a review under para5 graph (1), the Secretary shall publish in the Federal 

6 Register a detailed justification for the determination 

7 made under paragraph (1) that addresses all public 

8 comments received under paragraph (2). 

9 ‘‘(j) REPORT.—Not later than 120 days after the last 

10 day of each fiscal year, the Secretary shall submit to the 

11 Committee on Transportation and Infrastructure of the 

12 House of Representatives, the Committee on Appropriations 

13 of the House of Representatives, the Committee on Environ14 ment and Public Works of the Senate, and the Committee 

15 on Appropriations of the Senate a report on the waivers 

16 provided under subsection (h) during the previous fiscal 

17 year and the justifications for such waivers.’’. 

18 (b) SAFETEA–LU TECHNICAL CORRECTIONS ACT OF

19 2008.—Section 117 of the SAFETEA–LU Technical Cor20 rections Act of 2008 (23 U.S.C. 313 note) is repealed. 

21 SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIRE22 MENTS. 

23 (a) IN GENERAL.—Except as otherwise provided in 

24 subsection (b), notwithstanding any other provision of law, 

25 the Secretary shall require recipients of assistance under 


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1 title 23, United States Code, and title I of division B this 

2 Act and the amendments made by this Act to comply with 

3 subsection (a) of section 113 of title 23, United States Code, 

4 with respect to all construction work, in the same manner 

5 that recipients of assistance under chapter 1 of such title 

6 are required to comply with such subsection for construction 

7 work performed on highway projects on Federal-aid high8 ways. 

9 (b) TREATMENT OF CERTAIN PROJECTS.—The Sec10 retary shall apply the requirements of section 1306(l) of this 

11 Act and sections 117(k), 172(j), and 173(k) of title 23, 

12 United States Code, to a project funded with a grant under 

13 such sections. 

14 SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR 

15 CATEGORICAL EXCLUSIONS. 

16 Section 326(c)(3) of title 23, United States Code, is 

17 amended— 

18 (1) by striking subparagraph (A) and inserting 

19 the following: 

20 ‘‘(A) except as provided under subpara21 graph (C), have a term of not more than 3 

22 years;’’; 

23 (2) in subparagraph (B) by striking the period 

24 at the end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(C) for any State that has assumed the re2 sponsibility for categorical exclusions under this 

3 section for at least 10 years, have a term of 5 

4 years.’’. 

5 SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY 

6 PROGRAM WRITTEN AGREEMENTS. 

7 Section 327 of title 23, United States Code, is amend8 ed— 

9 (1) in subsection (c)— 

10 (A) by striking paragraph (5) and inserting 

11 the following: 

12 ‘‘(5) except as provided under paragraph (7), 

13 have a term of not more than 5 years;’’; 

14 (B) in paragraph (6) by striking the period 

15 at the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(7) for any State that has participated in a 

18 program under this section (or under a predecessor 

19 program) for at least 10 years, have a term of 10 

20 years.’’; 

21 (2) in subsection (g)(1)— 

22 (A) in subparagraph (C) by striking ‘‘an23 nual’’; 

24 (B) in subparagraph (B) by striking ‘‘and’’ 

25 at the end; 


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1 (C) by redesignating subparagraph (C) as 

2 subparagraph (D); and 

3 (D) by inserting after subparagraph (B) the 

4 following: 

5 ‘‘(C) in the case of an agreement period of 

6 greater than 5 years under subsection (c)(7), con7 duct an audit covering the first 5 years of the 

8 agreement period; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.— 

11 A State agency that is assigned a responsibility under an 

12 agreement under this section shall be deemed to be a Federal 

13 agency for the purposes of all Federal laws pursuant to 

14 which the responsibility is exercised.’’. 

15 SEC. 1116. CORROSION PREVENTION FOR BRIDGES. 

16 (a) DEFINITIONS.—In this section: 

17 (1) APPLICABLE BRIDGE PROJECTS.—The term 

18 ‘‘applicable bridge projects’’ means a project for con19 struction, alteration, or maintenance work, other than 

20 de minimus maintenance or repair work as deter21 mined by the applicable State department of trans22 portation, on a bridge or overpass structure funded 

23 under title 23, United States Code. 

24 (2) CERTIFIED CONTRACTOR.—The term ‘‘cer25 tified contractor’’ means a contracting or subconVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 tracting firm that has been certified by a third party 

2 organization that evaluates the capability of the con3 tractor or subcontractor to properly perform one or 

4 more specified aspects of applicable bridge projects as 

5 defined in subsection (b)(2). 

6 (3) QUALIFIED TRAINING PROGRAM.—The term 

7 ‘‘qualified training program’’ means a training pro8 gram in corrosion control, mitigation and prevention, 

9 that is either offered or accredited by an organization 

10 that sets industry corrosion standards or is recognized 

11 in corrosion management transportation structures by 

12 the Department of Transportation, for the purposes of 

13 controlling, mitigating and preventing corrosion, or a 

14 program registered under the Act of August 16, 1937 

15 (29 U.S.C. 50 et seq.) (commonly known as the ‘‘Na16 tional Apprenticeship Act’’) that meets the require17 ments of parts 29 and 30 of title 29, Code of Federal 

18 Regulations, as in effect on January 1, 2020. 

19 (b) APPLICABLE BRIDGE PROJECTS.— 

20 (1) QUALITY CONTROL.—A certified contractor 

21 shall carry out aspects of an applicable bridge project 

22 described in paragraph (2). 

23 (2) ASPECTS OF APPLICABLE BRIDGE

24 PROJECTS.—Aspects of an applicable bridge project 

25 referred to in paragraph (1) include— 


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1 (A) surface preparation or coating applica2 tion on steel or rebar of an applicable bridge 

3 project; 

4 (B) removal of a lead-based or other haz5 ardous coating from steel of an existing applica6 ble bridge project; 

7 (C) shop painting of structural steel or 

8 rebar fabricated for installation on an applicable 

9 bridge project; and 

10 (D) the design, application, installation 

11 and maintenance of a cathodic protection system 

12 on an applicable bridge project. 

13 (3) CORROSION MANAGEMENT SYSTEM.—A State 

14 transportation department shall— 

15 (A) implement a corrosion management sys16 tem that utilizes industry-recognized standards 

17 and corrosion mitigation and prevention meth18 ods to address— 

19 (i) surface preparation; 

20 (ii) protective coatings; 

21 (iii) materials selection; 

22 (iv) cathodic protection; 

23 (v) corrosion engineering; 

24 (vi) personnel training; and 


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1 (vii) best practices in environmental 

2 protection to prevent environmental deg3 radation and uphold public health; 

4 (B) require certified contractors that employ 

5 appropriately trained and certified coating ap6 plicators to carry out aspects of applicable 

7 bridge projects as described in paragraph (2); 

8 and 

9 (C) use certified cathodic protection profes10 sionals for all aspects of applicable bridge 

11 projects that require knowledge of the design, in12 stallation, monitoring, or maintenance of a ca13 thodic protection system. 

14 (c) TRAINING PROGRAM.—As a condition of entering 

15 into a contract for an applicable bridge project, each cer16 tified contractor shall provide training, through a qualified 

17 training program, for each applicable craft or trade classi18 fication of employees that the certified contractor intends 

19 to employ to carry out aspects of applicable bridge projects 

20 as described in subsection (b)(2). 

21 SEC. 1117. SENSE OF CONGRESS. 

22 It is the sense of Congress that— 

23 (1) States should utilize life-cycle cost analysis to 

24 evaluate the total economic cost of a transportation 

25 project over its expected lifetime; and 


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1 (2) data indicating that future repair costs asso2 ciated with a transportation project frequently total 

3 more than half of the initial cost of the project, and 

4 that conducting life-cycle cost analysis prior to con5 struction will help States identify the most cost-effec6 tive option, improve their economic performance, and 

7 lower the total cost of building and maintaining the 

8 project. 

9 Subtitle B—Programmatic 

10 Infrastructure Investment 

11 SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

12 Section 119 of title 23, United States Code, is amend13 ed— 

14 (1) by striking subsection (b) and inserting the 

15 following: 

16 ‘‘(b) PURPOSES.—The purposes of the national high17 way performance program shall be— 

18 ‘‘(1) to provide support for the condition and 

19 performance of the National Highway System, con20 sistent with the asset management plans of States; 

21 ‘‘(2) to support progress toward the achievement 

22 of performance targets of States established under sec23 tion 150; 

24 ‘‘(3) to increase the resilience of Federal-aid 

25 highways and bridges; and 


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1 ‘‘(4) to provide support for the construction of 

2 new facilities on the National Highway System, con3 sistent with subsection (d)(3).’’; 

4 (2) in subsection (d)— 

5 (A) in paragraph (1)(A) by striking ‘‘or 

6 freight movement on the National Highway Sys7 tem’’ and inserting ‘‘freight movement, environ8 mental sustainability, transportation system ac9 cess, or combating climate change’’; 

10 (B) in paragraph (1)(B) by striking ‘‘and’’ 

11 at the end; 

12 (C) in paragraph (2)— 

13 (i) in subparagraph (G)— 

14 (I) in clause (i) by inserting 

15 ‘‘and’’ at the end; 

16 (II) in clause (ii) by striking ‘‘; 

17 and’’ and inserting a period; and 

18 (III) by striking clause (iii); 

19 (ii) in subparagraph (I) by inserting 

20 ‘‘, including the installation of safety bar21 riers and nets on bridges on the National 

22 Highway System’’ after ‘‘National Highway 

23 System’’; and 

24 (iii) by adding at the end the fol25 lowing: 


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1 ‘‘(Q) Projects on or off the National High2 way System to reduce greenhouse gas emissions 

3 that are eligible under section 171, including the 

4 installation of electric vehicle charging infra5 structure. 

6 ‘‘(R) Projects on or off the National High7 way System to enhance resilience of a transpor8 tation facility, including protective features. 

9 ‘‘(S) Projects and strategies to reduce vehi10 cle-caused wildlife mortality related to, or to re11 store and maintain connectivity among terres12 trial or aquatic habitats affected by, a transpor13 tation facility otherwise eligible for assistance 

14 under this section. 

15 ‘‘(T) Projects on or off the National High16 way System to improve an evacuation route eli17 gible under section 124(b)(1)(C). 

18 ‘‘(U) Undergrounding public utilities in the 

19 course of other infrastructure improvements eli20 gible under this section to mitigate the cost of re21 curring damages from extreme weather events, 

22 wildfire or other natural disasters.’’; and 

23 (D) by adding at the end the following: 


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1 ‘‘(3) a project that is otherwise eligible under 

2 this subsection to construct new capacity for single 

3 occupancy passenger vehicles only if the State— 

4 ‘‘(A) has demonstrated progress in achiev5 ing a state of good repair, as defined in the 

6 State’s asset management plan, on the National 

7 Highway System; 

8 ‘‘(B) demonstrates that the project— 

9 ‘‘(i) supports the achievement of per10 formance targets of the State established 

11 under section 150; and 

12 ‘‘(ii) is more cost effective, as deter13 mined by benefit-cost analysis, than— 

14 ‘‘(I) an operational improvement 

15 to the facility or corridor; 

16 ‘‘(II) the construction of a transit 

17 project eligible for assistance under 

18 chapter 53 of title 49; or 

19 ‘‘(III) the construction of a non20 single occupancy passenger vehicle 

21 project that improves freight move22 ment; and 

23 ‘‘(C) has a public plan for maintaining and 

24 operating the new asset while continuing its 


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1 progress in achieving a state of good repair 

2 under subparagraph (A).’’; 

3 (3) in subsection (e)— 

4 (A) in the heading by inserting ‘‘ASSET

5 AND’’ after ‘‘STATE’’; 

6 (B) in paragraph (4)(D) by striking ‘‘anal7 ysis’’ and inserting ‘‘analyses, both of which 

8 shall take into consideration climate change ad9 aptation and resilience;’’; and 

10 (C) in paragraph (8) by striking ‘‘Not later 

11 than 18 months after the date of enactment of the 

12 MAP–21, the Secretary’’ and inserting ‘‘The Sec13 retary’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out sub16 section (d)(3)(B)(ii), the Secretary shall establish a process 

17 for analyzing the cost and benefits of projects under such 

18 subsection, ensuring that— 

19 ‘‘(1) the benefit-cost analysis includes a calcula20 tion of all the benefits addressed in the performance 

21 measures established under section 150; 

22 ‘‘(2) the benefit-cost analysis includes a consider23 ation of the total maintenance cost of an asset over 

24 the lifecycle of the asset; and 


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1 ‘‘(3) the State demonstrates that any travel de2 mand modeling used to calculate the benefit-cost anal3 ysis has a documented record of accuracy.’’. 

4 SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR5 TATION ASSETS. 

6 (a) PREDISASTER MITIGATION PROGRAM.— 

7 (1) IN GENERAL.—Chapter 1 of title 23, United 

8 States Code, is amended by inserting after section 123 

9 the following: 

10 ‘‘§ 124. Predisaster mitigation program 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

12 and implement a predisaster mitigation program to en13 hance the resilience of the transportation system of the 

14 United States, mitigate the impacts of covered events, and 

15 ensure the efficient use of Federal resources. 

16 ‘‘(b) ELIGIBLE ACTIVITIES.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

18 funds apportioned to the State under section 

19 104(b)(8) may be obligated for construction activities, 

20 including construction of natural infrastructure or 

21 protective features and the development of such 

22 projects and programs that help agencies, to— 

23 ‘‘(A) increase the resilience of a surface 

24 transportation infrastructure asset to withstand 

25 a covered event; 


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1 ‘‘(B) relocate or provide a reasonable alter2 native to a repeatedly damaged facility; 

3 ‘‘(C) for an evacuation route identified in 

4 the vulnerability assessment required under sec5 tion 134(i)(2)(I)(iii) or section 135(f)(10)(C)— 

6 ‘‘(i) improve the capacity or operation 

7 of such evacuation route through— 

8 ‘‘(I) communications and intel9 ligent transportation system equipment 

10 and infrastructure; 

11 ‘‘(II) counterflow measures; and 

12 ‘‘(III) shoulders; and 

13 ‘‘(ii) relocate such evacuation route or 

14 provide a reasonable alternative to such 

15 evacuation route to address the risk of a 

16 covered event; and 

17 ‘‘(D) recover from incidents that signifi18 cantly disrupt a regions transportation system 

19 including— 

20 ‘‘(i) predisaster training programs that 

21 help agencies and regional stakeholders plan 

22 for and prepare multimodal recovery efforts; 

23 and 

24 ‘‘(ii) the establishment of regional wide 

25 telework training and programs. 


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1 ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAPTA2 TION.—No funds shall be obligated to a project under 

3 this section unless the project meets each of the fol4 lowing criteria: 

5 ‘‘(A) The project is designed to ensure resil6 ience over the anticipated service life of the sur7 face transportation infrastructure asset. 

8 ‘‘(B) The project is identified in the metro9 politan or statewide transportation improvement 

10 program as a project to address resilience 

11 vulnerabilities, consistent with section 

12 134(j)(3)(E) or 135(g)(5)(B)(iii). 

13 ‘‘(C) For a project in a flood-prone area, 

14 the project sponsor considers hydrologic and hy15 draulic data and methods that integrate current 

16 and projected changes in flooding based on cli17 mate science over the anticipated service life of 

18 the surface transportation infrastructure asset 

19 and future forecasted land use changes. 

20 ‘‘(3) PRIORITIZATION OF PROJECTS.—A State 

21 shall develop a process to prioritize projects under 

22 this section based on the degree to which the proposed 

23 project would— 

24 ‘‘(A) be cost effective; 


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1 ‘‘(B) reduce the risk of disruption to a sur2 face transportation infrastructure asset consid3 ered critical to support population centers, 

4 freight movement, economic activity, evacuation, 

5 recovery, or national security functions; and 

6 ‘‘(C) ease disruptions to vulnerable, at-risk, 

7 or transit-dependant populations. 

8 ‘‘(c) GUIDANCE.—The Secretary shall provide guid9 ance to States to assist with the implementation of para10 graphs (2) and (3) of subsection (b). 

11 ‘‘(d) DEFINITIONS.—In this section: 

12 ‘‘(1) COVERED EVENT.—The term ‘covered event’ 

13 means a climate change effect (including sea level 

14 rise), an extreme event, seismic activity, or any other 

15 natural disaster (including a wildfire or landslide). 

16 ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC17 TURE ASSET.—The term ‘surface transportation in18 frastructure asset’ means a facility eligible for assist19 ance under this title or chapter 53 of title 49.’’. 

20 (2) CONFORMING AMENDMENT.—The analysis for 

21 chapter 1 of title 23, United States Code, is amended 

22 by inserting after the item relating to section 123 the 

23 following: 

‘‘124. Predisaster mitigation program.’’. 

24 (b) METROPOLITAN TRANSPORTATION PLANNING.— 

25 (1) AMENDMENTS TO TITLE 23.— 


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1 (A) CLIMATE CHANGE AND RESILIENCE.— 

2 Section 134(i)(2) of title 23, United States Code, 

3 is amended by adding at the end the following: 

4 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 

5 ‘‘(i) IN GENERAL.—The transportation 

6 planning process shall assess strategies to 

7 reduce the climate change impacts of the 

8 surface transportation system and conduct 

9 a vulnerability assessment to identify op10 portunities to enhance the resilience of the 

11 surface transportation system and ensure 

12 the efficient use of Federal resources. 

13 ‘‘(ii) CLIMATE CHANGE MITIGATION

14 AND IMPACTS.—A long-range transportation 

15 plan shall— 

16 ‘‘(I) identify investments and 

17 strategies to reduce transportation-re18 lated sources of greenhouse gas emis19 sions per capita; 

20 ‘‘(II) identify investments and 

21 strategies to manage transportation de22 mand and increase the rates of public 

23 transportation ridership, walking, bi24 cycling, and carpools; and 


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1 ‘‘(III) recommend zoning and 

2 other land use policies that would sup3 port infill, transit-oriented develop4 ment, and mixed use development. 

5 ‘‘(iii) VULNERABILITY ASSESSMENT.— 

6 A long-range transportation plan shall in7 corporate a vulnerability assessment that— 

8 ‘‘(I) includes a risk-based assess9 ment of vulnerabilities of critical 

10 transportation assets and systems to 

11 covered events (as such term is defined 

12 in section 124); 

13 ‘‘(II) considers, as applicable, the 

14 risk management analysis in the 

15 State’s asset management plan devel16 oped pursuant to section 119, and the 

17 State’s evaluation of reasonable alter18 natives to repeatedly damaged facilities 

19 conducted under part 667 of title 23, 

20 Code of Federal Regulations; 

21 ‘‘(III) identifies evacuation routes, 

22 assesses the ability of any such routes 

23 to provide safe passage for evacuation 

24 and emergency response during an 

25 emergency event, and identifies any 


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1 improvements or redundant facilities 

2 necessary to adequately facilitate safe 

3 passage; 

4 ‘‘(IV) describes the metropolitan 

5 planning organization’s adaptation 

6 and resilience improvement strategies 

7 that will inform the transportation in8 vestment decisions of the metropolitan 

9 planning organization; and 

10 ‘‘(V) is consistent with and com11 plementary of the State and local miti12 gation plans required under section 

13 322 of the Robert T. Stafford Disaster 

14 Relief and Emergency Assistance Act 

15 (42 U.S.C. 5165). 

16 ‘‘(iv) CONSULTATION.—The assessment 

17 described in this subparagraph shall be de18 veloped in consultation with, as appro19 priate, State, local, and Tribal officials re20 sponsible for land use, housing, resilience, 

21 hazard mitigation, and emergency manage22 ment.’’. 

23 (B) RESILIENCE PROJECTS.—Section 

24 134(j)(3) of title 23, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(E) RESILIENCE PROJECTS.—The TIP 

2 shall— 

3 ‘‘(i) identify projects that address the 

4 vulnerabilities identified by the assessment 

5 in subsection (i)(2)(I)(iii); and 

6 ‘‘(ii) describe how each project identi7 fied under clause (i) would improve the re8 silience of the transportation system.’’. 

9 (2) AMENDMENTS TO TITLE 49.— 

10 (A) CLIMATE CHANGE AND RESILIENCE.— 

11 Section 5303(i)(2) of title 49, United States 

12 Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 

15 ‘‘(i) IN GENERAL.—The transportation 

16 planning process shall assess strategies to 

17 reduce the climate change impacts of the 

18 surface transportation system and conduct 

19 a vulnerability assessment to identify op20 portunities to enhance the resilience of the 

21 surface transportation system and ensure 

22 the efficient use of Federal resources. 

23 ‘‘(ii) CLIMATE CHANGE MITIGATION

24 AND IMPACTS.—A long-range transportation 

25 plan shall— 


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1 ‘‘(I) identify investments and 

2 strategies to reduce transportation-re3 lated sources of greenhouse gas emis4 sions per capita; 

5 ‘‘(II) identify investments and 

6 strategies to manage transportation de7 mand and increase the rates of public 

8 transportation ridership, walking, bi9 cycling, and carpools; and 

10 ‘‘(III) recommend zoning and 

11 other land use policies that would sup12 port infill, transit-oriented develop13 ment, and mixed use development. 

14 ‘‘(iii) VULNERABILITY ASSESSMENT.— 

15 A long-range transportation plan shall in16 corporate a vulnerability assessment that— 

17 ‘‘(I) includes a risk-based assess18 ment of vulnerabilities of critical 

19 transportation assets and systems to 

20 covered events (as such term is defined 

21 in section 124 of title 23); 

22 ‘‘(II) considers, as applicable, the 

23 risk management analysis in the 

24 State’s asset management plan devel25 oped pursuant to section 119 of title 


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1 23, and the State’s evaluation of rea2 sonable alternatives to repeatedly dam3 aged facilities conducted under part 

4 667 of title 23, Code of Federal Regula5 tions; 

6 ‘‘(III) identifies evacuation routes, 

7 assesses the ability of any such routes 

8 to provide safe passage for evacuation 

9 and emergency response during an 

10 emergency event, and identifies any 

11 improvements or redundant facilities 

12 necessary to adequately facilitate safe 

13 passage; 

14 ‘‘(IV) describes the metropolitan 

15 planning organization’s adaptation 

16 and resilience improvement strategies 

17 that will inform the transportation in18 vestment decisions of the metropolitan 

19 planning organization; and 

20 ‘‘(V) is consistent with and com21 plementary of the State and local miti22 gation plans required under section 

23 322 of the Robert T. Stafford Disaster 

24 Relief and Emergency Assistance Act 

25 (42 U.S.C. 5165). 


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1 ‘‘(iv) CONSULTATION.—The assessment 

2 described in this subparagraph shall be de3 veloped in consultation, as appropriate, 

4 with State, local, and Tribal officials re5 sponsible for land use, housing, resilience, 

6 hazard mitigation, and emergency manage7 ment.’’. 

8 (B) RESILIENCE PROJECTS.—Section 

9 5303(j)(3) of title 49, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(E) RESILIENCE PROJECTS.—The TIP 

12 shall— 

13 ‘‘(i) identify projects that address the 

14 vulnerabilities identified by the assessment 

15 in subsection (i)(2)(I)(iii); and 

16 ‘‘(ii) describe how each project identi17 fied under clause (i) would improve the re18 silience of the transportation system.’’. 

19 (c) STATEWIDE AND NONMETROPOLITAN PLANNING.— 

20 (1) AMENDMENTS TO TITLE 23.— 

21 (A) CLIMATE CHANGE AND RESILIENCE.— 

22 Section 135(f) of title 23, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 


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1 ‘‘(A) IN GENERAL.—The transportation 

2 planning process shall assess strategies to reduce 

3 the climate change impacts of the surface trans4 portation system and conduct a vulnerability as5 sessment to identify opportunities to enhance the 

6 resilience of the surface transportation system 

7 and ensure the efficient use of Federal resources. 

8 ‘‘(B) CLIMATE CHANGE MITIGATION AND IM9 PACTS.—A long-range transportation plan 

10 shall— 

11 ‘‘(i) identify investments and strategies 

12 to reduce transportation-related sources of 

13 greenhouse gas emissions per capita; 

14 ‘‘(ii) identify investments and strate15 gies to manage transportation demand and 

16 increase the rates of public transportation 

17 ridership, walking, bicycling, and carpools; 

18 and 

19 ‘‘(iii) recommend zoning and other 

20 land use policies that would support infill, 

21 transit-oriented development, and mixed use 

22 development. 

23 ‘‘(C) VULNERABILITY ASSESSMENT.—A 

24 long-range transportation plan shall incorporate 

25 a vulnerability assessment that— 


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1 ‘‘(i) includes a risk-based assessment of 

2 vulnerabilities of critical transportation as3 sets and systems to covered events (as such 

4 term is defined in section 124); 

5 ‘‘(ii) considers, as applicable, the risk 

6 management analysis in the State’s asset 

7 management plan developed pursuant to 

8 section 119, and the State’s evaluation of 

9 reasonable alternatives to repeatedly dam10 aged facilities conducted under part 667 of 

11 title 23, Code of Federal Regulations; 

12 ‘‘(iii) identifies evacuation routes, as13 sesses the ability of any such routes to pro14 vide safe passage for evacuation and emer15 gency response during an emergency event, 

16 and identifies any improvements or redun17 dant facilities necessary to adequately fa18 cilitate safe passage; 

19 ‘‘(iv) describes the States’s adaptation 

20 and resilience improvement strategies that 

21 will inform the transportation investment 

22 decisions of the State; and 

23 ‘‘(v) is consistent with and complemen24 tary of the State and local mitigation plans 

25 required under section 322 of the Robert T. 


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1 Stafford Disaster Relief and Emergency As2 sistance Act (42 U.S.C. 5165). 

3 ‘‘(D) CONSULTATION.—The assessment de4 scribed in this subparagraph shall be developed 

5 in consultation with, as appropriate, State, 

6 local, and Tribal officials responsible for land 

7 use, housing, resilience, hazard mitigation, and 

8 emergency management.’’. 

9 (B) RESILIENCE PROJECTS.—Section 

10 135(g)(5)(B) of title 23, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(iii) RESILIENCE PROJECTS.—The 

13 STIP shall— 

14 ‘‘(I) identify projects that address 

15 the vulnerabilities identified by the as16 sessment in subsection (i)(10)(B); and 

17 ‘‘(II) describe how each project 

18 identified under subclause (I) would 

19 improve the resilience of the transpor20 tation system.’’. 

21 (2) AMENDMENTS TO TITLE 49.— 

22 (A) CLIMATE CHANGE AND RESILIENCE.— 

23 Section 5304(f) of title 49, United States Code, 

24 is amended by adding at the end the following: 

25 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 


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1 ‘‘(A) IN GENERAL.—The transportation 

2 planning process shall assess strategies to reduce 

3 the climate change impacts of the surface trans4 portation system and conduct a vulnerability as5 sessment to identify opportunities to enhance the 

6 resilience of the surface transportation system 

7 and ensure the efficient use of Federal resources. 

8 ‘‘(B) CLIMATE CHANGE MITIGATION AND IM9 PACTS.—A long-range transportation plan 

10 shall— 

11 ‘‘(i) identify investments and strategies 

12 to reduce transportation-related sources of 

13 greenhouse gas emissions per capita; 

14 ‘‘(ii) identify investments and strate15 gies to manage transportation demand and 

16 increase the rates of public transportation 

17 ridership, walking, bicycling, and carpools; 

18 and 

19 ‘‘(iii) recommend zoning and other 

20 land use policies that would support infill, 

21 transit-oriented development, and mixed use 

22 development. 

23 ‘‘(C) VULNERABILITY ASSESSMENT.—A 

24 long-range transportation plan shall incorporate 

25 a vulnerability assessment that— 


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1 ‘‘(i) includes a risk-based assessment of 

2 vulnerabilities of critical transportation as3 sets and systems to covered events (as such 

4 term is defined in section 124 of title 23); 

5 ‘‘(ii) considers, as applicable, the risk 

6 management analysis in the State’s asset 

7 management plan developed pursuant to 

8 section 119 of title 23, and the State’s eval9 uation of reasonable alternatives to repeat10 edly damaged facilities conducted under 

11 part 667 of title 23, Code of Federal Regu12 lations; 

13 ‘‘(iii) identifies evacuation routes, as14 sesses the ability of any such routes to pro15 vide safe passage for evacuation and emer16 gency response during an emergency event, 

17 and identifies any improvements or redun18 dant facilities necessary to adequately fa19 cilitate safe passage; 

20 ‘‘(iv) describes the State’s adaptation 

21 and resilience improvement strategies that 

22 will inform the transportation investment 

23 decisions of the State; and 

24 ‘‘(v) is consistent with and complemen25 tary of the State and local mitigation plans 


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1 required under section 322 of the Robert T. 

2 Stafford Disaster Relief and Emergency As3 sistance Act (42 U.S.C. 5165). 

4 ‘‘(D) CONSULTATION.—The assessment de5 scribed in this subparagraph shall be developed 

6 in consultation with, as appropriate, State, 

7 local, and Tribal officials responsible for land 

8 use, housing, resilience, hazard mitigation, and 

9 emergency management.’’. 

10 (B) RESILIENCE PROJECTS.—Section 

11 5304(g)(5)(B) of title 49, United States Code, is 

12 amended by adding at the end the following: 

13 ‘‘(iii) RESILIENCE PROJECTS.—The 

14 STIP shall— 

15 ‘‘(I) identify projects that address 

16 the vulnerabilities identified by the as17 sessment in subsection (i)(10)(B); and 

18 ‘‘(II) describe how each project 

19 identified under subclause (I) would 

20 improve the resilience of the transpor21 tation system.’’. 

22 SEC. 1203. EMERGENCY RELIEF. 

23 (a) IN GENERAL.—Section 125 of title 23, United 

24 States Code, is amended— 


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1 (1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 

2 after ‘‘severe storm,’’; 

3 (2) by striking subsection (b); 

4 (3) in subsection (c)(2)(A) by striking ‘‘in any 

5 1 fiscal year commencing after September 30, 1980,’’ 

6 and inserting ‘‘in any fiscal year’’; 

7 (4) in subsection (d)— 

8 (A) in paragraph (3)(C) by striking ‘‘sub9 section (e)(1)’’ and inserting ‘‘subsection (g)’’; 

10 (B) by redesignating paragraph (3) as 

11 paragraph (4); and 

12 (C) by striking paragraphs (1) and (2) and 

13 inserting the following: 

14 ‘‘(1) IN GENERAL.—The Secretary may expend 

15 funds from the emergency fund authorized by this sec16 tion only for the repair or reconstruction of highways 

17 on Federal-aid highways in accordance with this 

18 chapter. 

19 ‘‘(2) RESTRICTIONS.— 

20 ‘‘(A) IN GENERAL.—No funds shall be ex21 pended from the emergency fund authorized by 

22 this section unless— 

23 ‘‘(i) an emergency has been declared by 

24 the Governor of the State with concurrence 

25 by the Secretary, unless the President has 


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1 declared the emergency to be a major dis2 aster for the purposes of the Robert T. Staf3 ford Disaster Relief and Emergency Assist4 ance Act (42 U.S.C. 5121 et seq.) for which 

5 concurrence of the Secretary is not required; 

6 and 

7 ‘‘(ii) the Secretary has received an ap8 plication from the State transportation de9 partment that includes a comprehensive list 

10 of all eligible project sites and repair costs 

11 by not later than 2 years after the natural 

12 disaster or catastrophic failure. 

13 ‘‘(B) COST LIMITATION.—The total cost of a 

14 project funded under this section may not exceed 

15 the cost of repair or reconstruction of a com16 parable facility unless the Secretary determines 

17 that the project incorporates economically justi18 fied betterments, including protective features to 

19 increase the resilience of the facility. 

20 ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.—In 

21 no case shall funds be used under this section for the 

22 repair or reconstruction of a bridge— 

23 ‘‘(A) that has been permanently closed to all 

24 vehicular traffic by the State or responsible local 

25 official because of imminent danger of collapse 


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1 due to a structural deficiency or physical dete2 rioration; or 

3 ‘‘(B) if a construction phase of a replace4 ment structure is included in the approved state5 wide transportation improvement program at 

6 the time of an event described in subsection (a).’’; 

7 (5) in subsection (e)— 

8 (A) by striking paragraph (1); 

9 (B) in paragraph (2) by striking ‘‘sub10 section (d)(1)’’ and inserting ‘‘subsection (c)(1)’’; 

11 and 

12 (C) by redesignating paragraphs (2) and 

13 (3), as amended, as paragraphs (1) and (2), re14 spectively; 

15 (6) by redesignating subsections (c) through (g), 

16 as amended, as subsections (b) through (f), respec17 tively; and 

18 (7) by adding at the end the following: 

19 ‘‘(g) IMPOSITION OF DEADLINE.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding any other 

21 provision of law, the Secretary may not require any 

22 project funded under this section to advance to the 

23 construction obligation stage before the date that is 

24 the last day of the sixth fiscal year after the later of— 


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1 ‘‘(A) the date on which the Governor de2 clared the emergency, as described in subsection 

3 (d)(2)(A)(i); or 

4 ‘‘(B) the date on which the President de5 clared the emergency to be a major disaster, as 

6 described in such subsection. 

7 ‘‘(2) EXTENSION OF DEADLINE.—If the Secretary 

8 imposes a deadline for advancement to the construc9 tion obligation stage pursuant to paragraph (1), the 

10 Secretary may, upon the request of the Governor of 

11 the State, issue an extension of not more than 1 year 

12 to complete such advancement, and may issue addi13 tional extensions after the expiration of any exten14 sion, if the Secretary determines the Governor of the 

15 State has provided suitable justification to warrant 

16 such an extension. 

17 ‘‘(h) PREDISASTER HAZARD MITIGATION PILOT PRO18 GRAM.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall establish 

20 a predisaster mitigation program for the purpose of 

21 mitigating future hazards posed to Federal-aid high22 ways. 

23 ‘‘(2) DISTRIBUTION OF FUNDS.—Every 6 

24 months, the Secretary shall total the amount of funds 

25 made available to each State, territory, Tribal or 


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1 other eligible entity under the emergency relief pro2 gram under this section during the preceding 6 

3 months and remit an additional 5 percent from the 

4 Highway Trust Fund to such entities for eligible ac5 tivities described in paragraph (3). 

6 ‘‘(3) ELIGIBLE ACTIVITIES.—Funds made avail7 able under paragraph (2) shall be used for mitigation 

8 projects and activities that the Secretary determines 

9 are cost effective and which substantially reduce the 

10 risk of, or increase resilience to, future damage as a 

11 result of natural disasters, including by flood, hurri12 cane, tidal wave, earthquake, severe storm, or land13 slide, by upgrading existing assets to meet or exceed 

14 design standards adopted by the Federal Highway 

15 Administration by— 

16 ‘‘(A) relocating or elevating roadways; 

17 ‘‘(B) increasing the size or number of 

18 drainage structures, including culverts; 

19 ‘‘(C) installing mitigation measures to pre20 vent the impairment of transportation assets as 

21 a result of the intrusion of floodwaters; 

22 ‘‘(D) improving bridges to expand water ca23 pacity and prevent flooding; 

24 ‘‘(E) deepening channels to prevent asset in25 undation and improve drainage; 


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1 ‘‘(F) improving strength of natural features 

2 adjacent to highway right-of-way to promote ad3 ditional flood storage; 

4 ‘‘(G) installing or upgrading tide gates and 

5 flood gates; 

6 ‘‘(H) stabilizing slide areas or slopes; 

7 ‘‘(I) installing seismic retrofits for bridges; 

8 ‘‘(J) adding scour protection at bridges; 

9 ‘‘(K) adding scour, stream stability, coastal, 

10 or other hydraulic countermeasures, including 

11 riprap; 

12 ‘‘(L) installing intelligent transportation 

13 system equipment to monitor infrastructure 

14 quality; and 

15 ‘‘(M) any other protective features as deter16 mined by the Secretary. 

17 ‘‘(4) REPORT.—The Secretary shall submit to the 

18 Committee on Transportation and Infrastructure of 

19 the House of Representatives and the Committee on 

20 Environment and Public Works of the Senate an an21 nual report detailing— 

22 ‘‘(A) a description of the activities carried 

23 out under the pilot program; 


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1 ‘‘(B) an evaluation of the effectiveness of the 

2 pilot program in meeting purposes descried in 

3 paragraph (1); 

4 ‘‘(C) policy recommendations to improve the 

5 effectiveness of the pilot program. 

6 ‘‘(i) IMPROVING THE EMERGENCY RELIEF PRO7 GRAM.—Not later than 90 days after the date of enactment 

8 of the INVEST in America Act, the Secretary shall— 

9 ‘‘(1) revise the emergency relief manual of the 

10 Federal Highway Administration— 

11 ‘‘(A) to include and reflect the definition of 

12 the term ‘resilience’ (as defined in section 

13 101(a)); 

14 ‘‘(B) to identify procedures that States may 

15 use to incorporate resilience into emergency relief 

16 projects; and 

17 ‘‘(C) to encourage the use of context sen18 sitive design principles and consideration of ac19 cess for moderate- and low-income families im20 pacted by a declared disaster; 

21 ‘‘(2) develop best practices for improving the use 

22 of resilience in— 

23 ‘‘(A) the emergency relief program under 

24 section 125; and 

25 ‘‘(B) emergency relief efforts; 


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1 ‘‘(3) provide to division offices of the Federal 

2 Highway Administration and State departments of 

3 transportation information on the best practices de4 veloped under paragraph (2); and 

5 ‘‘(4) develop and implement a process to track— 

6 ‘‘(A) the consideration of resilience as part 

7 of the emergency relief program under section 

8 125; and 

9 ‘‘(B) the costs of emergency relief projects. 

10 ‘‘(j) DEFINITIONS.—In this section: 

11 ‘‘(1) COMPARABLE FACILITY.—The term ‘com12 parable facility’ means a facility that meets the cur13 rent geometric and construction standards required 

14 for the types and volume of traffic that the facility 

15 will carry over its design life. 

16 ‘‘(2) CONSTRUCTION PHASE.—The term ‘con17 struction phase’ means the phase of physical construc18 tion of a highway or bridge facility that is separate 

19 from any other identified phases, such as planning, 

20 design, or right-of-way phases, in the State transpor21 tation improvement program. 

22 ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term ‘open 

23 to public travel’ means with respect to a road, that, 

24 except during scheduled periods, extreme weather con25 ditions, or emergencies, the road— 


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1 ‘‘(A) is maintained; 

2 ‘‘(B) is open to the general public; and 

3 ‘‘(C) can accommodate travel by a standard 

4 passenger vehicle, without restrictive gates or 

5 prohibitive signs or regulations, other than for 

6 general traffic control or restrictions based on 

7 size, weight, or class of registration. 

8 ‘‘(4) STANDARD PASSENGER VEHICLE.—The term 

9 ‘standard passenger vehicle’ means a vehicle with 6 

10 inches of clearance from the lowest point of the frame, 

11 body, suspension, or differential to the ground.’’. 

12 (b) SUNSET.—On the date that is 5 years after the date 

13 of enactment of this Act, the authority provided under sec14 tion 125(h) of title 23, United States Code, shall terminate. 

15 (c) CONFORMING AMENDMENTS.— 

16 (1) FEDERAL LANDS AND TRIBAL TRANSPOR17 TATION PROGRAMS.—Section 201(c)(8)(A) of title 23, 

18 United States Code, is amended by striking ‘‘section 

19 125(e)’’ and inserting ‘‘section 125(g)’’. 

20 (2) TRIBAL TRANSPORTATION PROGRAM.—Sec21 tion 202(b)(6)(A) of title 23, United States Code, is 

22 amended by striking ‘‘section 125(e)’’ and inserting 

23 ‘‘section 125(d)’’. 

24 (d) REPEAL.—Section 668.105(h) of title 23, Code of 

25 Federal Regulations, is repealed. 


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1 SEC. 1204. RAILWAY CROSSINGS. 

2 (a) IN GENERAL.—Section 130 of title 23, United 

3 States Code, is amended— 

4 (1) in the section heading by striking ‘‘Rail5 way-highway crossings’’ and inserting ‘‘Rail6 way crossings’’; 

7 (2) in subsection (a)— 

8 (A) by striking ‘‘Subject to section 120 and 

9 subsection (b) of this section, the entire’’ and in10 serting ‘‘IN GENERAL.—The’’; 

11 (B) by striking ‘‘then the entire’’ and in12 serting ‘‘the’’; and 

13 (C) by striking ‘‘, subject to section 120 and 

14 subsection (b) of this section,’’; 

15 (3) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) CLASSIFICATION.— 

18 ‘‘(1) IN GENERAL.—The construction of projects 

19 for the elimination of hazards at railway crossings 

20 represents a benefit to the railroad. The Secretary 

21 shall classify the various types of projects involved in 

22 the elimination of hazards of railway-highway cross23 ings, and shall set for each such classification a per24 centage of the total project cost that represent the ben25 efit to the railroad or railroads for the purpose of de26 termining the railroad’s share of the total project cost. 


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1 The Secretary shall determine the appropriate classi2 fication of each project. 

3 ‘‘(2) NONCASH CONTRIBUTIONS.— 

4 ‘‘(A) IN GENERAL.—Not more than 5 per5 cent of the cost share described in paragraph (1) 

6 may be attributable to noncash contributions of 

7 materials and labor furnished by the railroad in 

8 connection with the construction of such project. 

9 ‘‘(B) REQUIREMENT.—The requirements 

10 under section 200.306 and 200.403(g) of title 2, 

11 Code of Federal Regulations (or successor regula12 tions), shall apply to any noncash contributions 

13 under this subsection. 

14 ‘‘(3) TOTAL PROJECT COST.—For the purposes of 

15 this subsection, the determination of the railroad’s 

16 share of the total project cost shall include environ17 ment, design, right-of-way, utility accommodation, 

18 and construction phases of the project.’’; 

19 (4) in subsection (c)— 

20 (A) by striking ‘‘Any railroad involved’’ 

21 and inserting ‘‘BENEFIT.—Any railroad in22 volved’’; 

23 (B) by striking ‘‘the net benefit’’ and insert24 ing ‘‘the cost associated with the benefit’’; and 


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1 (C) by striking ‘‘Such payment may consist 

2 in whole or in part of materials and labor fur3 nished by the railroad in connection with the 

4 construction of such project.’’; 

5 (5) by striking subsection (e) and inserting the 

6 following: 

7 ‘‘(e) RAILWAY CROSSINGS.— 

8 ‘‘(1) ELIGIBLE ACTIVITIES.—Funds apportioned 

9 to a State under section 104(b)(7) may be obligated 

10 for the following: 

11 ‘‘(A) The elimination of hazards at rail12 way-highway crossings, including technology or 

13 protective upgrades. 

14 ‘‘(B) Construction (including installation 

15 and replacement) of protective devices at rail16 way-highway crossings. 

17 ‘‘(C) Infrastructure and noninfrastructure 

18 projects and strategies to prevent or reduce sui19 cide or trespasser fatalities and injuries along 

20 railroad rights-of-way and at or near railway21 highway crossings. 

22 ‘‘(D) Projects to mitigate any degradation 

23 in the level of access from a highway-grade cross24 ing closure. 


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1 ‘‘(E) Bicycle and pedestrian railway grade 

2 crossing improvements, including underpasses 

3 and overpasses. 

4 ‘‘(F) Projects eligible under section 

5 22907(c)(5) of title 49, provided that amounts 

6 obligated under this subparagraph— 

7 ‘‘(i) shall be administered by the Sec8 retary in accordance with such section as if 

9 such amounts were made available to carry 

10 out such section; and 

11 ‘‘(ii) may be used to pay up to 90 per12 cent of the non-Federal share of the cost of 

13 a project carried out under such section. 

14 ‘‘(2) SPECIAL RULE.—If a State demonstrates to 

15 the satisfaction of the Secretary that the State has 

16 met all its needs for installation of protective devices 

17 at railway-highway crossings, the State may use 

18 funds made available by this section for other high19 way safety improvement program purposes.’’; 

20 (6) by striking subsection (f) and inserting the 

21 following: 

22 ‘‘(f) FEDERAL SHARE.—Notwithstanding section 120, 

23 the Federal share payable on account of any project fi24 nanced with funds made available to carry out subsection 

25 (e) shall be up to 90 percent of the cost thereof.’’; 


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1 (7) by striking subsection (g) and inserting the 

2 following: 

3 ‘‘(g) REPORT.— 

4 ‘‘(1) STATE REPORT.— 

5 ‘‘(A) IN GENERAL.—Not later than 2 years 

6 after the date of enactment of the INVEST in 

7 America Act, and at least biennially thereafter, 

8 each State shall submit to the Secretary a report 

9 on the progress being made to implement the 

10 railway crossings program authorized by this 

11 section and the effectiveness of such improve12 ments. 

13 ‘‘(B) CONTENTS.—Each State report under 

14 subparagraph (A) shall contain an assessment of 

15 the costs of the various treatments employed and 

16 subsequent accident experience at improved loca17 tions. 

18 ‘‘(2) DEPARTMENTAL REPORT.— 

19 ‘‘(A) IN GENERAL.—Not later than 180 

20 days after the deadline for the submission of a 

21 report under paragraph (1)(A), the Secretary 

22 shall publish on the website of the Department of 

23 Transportation a report on the progress being 

24 made by the State in implementing projects to 

25 improve railway-highway crossings. 


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1 ‘‘(B) CONTENTS.—The report under sub2 paragraph (A) shall include— 

3 ‘‘(i) the number of projects undertaken; 

4 ‘‘(ii) distribution of such projects by 

5 cost range, road system, nature of treat6 ment, and subsequent accident experience at 

7 improved locations; 

8 ‘‘(iii) an analysis and evaluation of 

9 each State program; 

10 ‘‘(iv) the identification of any State 

11 found not to be in compliance with the 

12 schedule of improvements required by sub13 section (d); and 

14 ‘‘(v) recommendations for future imple15 mentation of the railway crossings pro16 gram.’’; 

17 (8) in subsection (j)— 

18 (A) in the heading by inserting ‘‘AND PE19 DESTRIAN’’ after ‘‘BICYCLE’’; and 

20 (B) by inserting ‘‘and pedestrian’’ after ‘‘bi21 cycle’’; and 

22 (9) in subsection (l)— 

23 (A) in paragraph (1) by striking ‘‘Not later 

24 than’’ and all that follows through ‘‘each State’’ 

25 and inserting ‘‘Not later than 6 months after a 


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1 new railway crossing becomes operational, each 

2 State’’; and 

3 (B) in paragraph (2) by striking ‘‘On a 

4 periodic’’ and all that follows through ‘‘every 

5 year thereafter’’ and inserting ‘‘On or before 

6 September 30 of each year’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chapter 

8 1 of title 23, United States Code, is amended by amending 

9 the item relating to section 130 to read as follows: 

‘‘130. Railway crossings.’’. 

10 (c) GAO STUDY.—Not later than 2 years after the date 

11 of enactment of this Act, the Comptroller General of the 

12 United States shall submit to Congress a report that in13 cludes an analysis of the effectiveness of the railway cross14 ing program under section 130 of title 23, United States 

15 Code. 

16 (d) SENSE OF CONGRESS RELATING TO TRESPASSER

17 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 

18 sense of Congress that the Department of Transportation 

19 should, where feasible, coordinate departmental efforts to 

20 prevent or reduce trespasser deaths along railroad rights21 of-way and at or near railway-highway crossings. 

22 SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 

23 (a) IN GENERAL.—Section 133 of title 23, United 

24 States Code, is amended— 

25 (1) in the heading by striking ‘‘block grant’’; 


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1 (2) in subsection (a) by striking ‘‘block grant’’; 

2 (3) in subsection (b)— 

3 (A) by striking ‘‘block grant’’; 

4 (B) in paragraph (4) by striking ‘‘railway5 highway grade crossings’’ and inserting ‘‘projects 

6 eligible under section 130 and installation of 

7 safety barriers and nets on bridges’’; 

8 (C) in paragraph (6)— 

9 (i) by striking ‘‘Recreational’’ and in10 serting ‘‘Transportation alternatives 

11 projects eligible under subsection (h), rec12 reational’’; and 

13 (ii) by striking ‘‘1404 of SAFETEA– 

14 LU (23 U.S.C. 402 note)’’ and inserting 

15 ‘‘211’’; and 

16 (D) by adding at the end the following: 

17 ‘‘(16) Protective features (including natural in18 frastructure and vegetation control and clearance) to 

19 enhance the resilience of a transportation facility oth20 erwise eligible for assistance under this section. 

21 ‘‘(17) Projects to reduce greenhouse gas emissions 

22 eligible under section 171, including the installation 

23 of electric vehicle charging infrastructure. 

24 ‘‘(18) Projects and strategies to reduce vehicle25 caused wildlife mortality related to, or to restore and 


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1 maintain connectivity among terrestrial or aquatic 

2 habitats affected by, a transportation facility other3 wise eligible for assistance under this section. 

4 ‘‘(19) A surface transportation project carried 

5 out in accordance with the national travel and tour6 ism infrastructure strategic plan under section 

7 1431(e) of the FAST Act (49 U.S.C. 301 note).’’; 

8 (4) in subsection (c)— 

9 (A) by striking ‘‘block grant’’ and inserting 

10 ‘‘program’’; 

11 (B) by striking paragraph (3) and inserting 

12 the following: 

13 ‘‘(3) for a project described in— 

14 ‘‘(A) subsection (h); or 

15 ‘‘(B) section 101(a)(29), as in effect on the 

16 day before the date of enactment of the FAST 

17 Act;’’; 

18 (C) by redesignating paragraph (4) as 

19 paragraph (5); and 

20 (D) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) for a project described in section 5308 of 

23 title 49; and’’; 

24 (5) in subsection (d)— 

25 (A) in paragraph (1)— 


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1 (i) by inserting ‘‘each fiscal year’’ after 

2 ‘‘apportioned to a State’’; 

3 (ii) by striking ‘‘the reservation of’’ 

4 and inserting ‘‘setting aside’’; and 

5 (iii) in subparagraph (A)— 

6 (I) by striking ‘‘the percentage 

7 specified in paragraph (6) for a fiscal 

8 year’’ and inserting ‘‘57 percent for 

9 fiscal year 2022, 58 percent for fiscal 

10 year 2023, 59 percent for fiscal year 

11 2024, and 60 percent for fiscal year 

12 2025’’; 

13 (II) in clause (i) by striking ‘‘of 

14 over’’ and inserting ‘‘greater than’’; 

15 and 

16 (III) by striking clauses (ii) and 

17 (iii) and inserting the following: 

18 ‘‘(ii) in urbanized areas of the State 

19 with an urbanized area population greater 

20 than 49,999 and less than 200,001; 

21 ‘‘(iii) in urban areas of the State with 

22 a population greater than 4,999 and less 

23 than 50,000; and 

24 ‘‘(iv) in other areas of the State with 

25 a population less than 5,000; and’’; 


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1 (B) by striking paragraph (3) and inserting 

2 the following: 

3 ‘‘(3) LOCAL COORDINATION AND CONSULTA4 TION.— 

5 ‘‘(A) COORDINATION WITH METROPOLITAN

6 PLANNING ORGANIZATIONS.—For purposes of 

7 paragraph (1)(A)(ii), a State shall— 

8 ‘‘(i) establish a process to coordinate 

9 with all metropolitan planning organiza10 tions in the State that represent an urban11 ized area described in such paragraph; and 

12 ‘‘(ii) describe how funds described 

13 under paragraph (1)(A)(ii) will be allocated 

14 equitably among such urbanized areas dur15 ing the period of fiscal years 2022 through 

16 2025. 

17 ‘‘(B) JOINT RESPONSIBILITY.—Each State 

18 and the Secretary shall jointly ensure compli19 ance with subparagraph (A). 

20 ‘‘(C) CONSULTATION WITH REGIONAL

21 TRANSPORTATION PLANNING ORGANIZATIONS.— 

22 For purposes of clauses (iii) and (iv) of para23 graph (1)(A), before obligating funding attrib24 uted to an area with a population less than 

25 50,000, a State shall consult with the regional 


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1 transportation planning organizations that rep2 resent the area, if any.’’; 

3 (C) in the heading for paragraph (4) by 

4 striking ‘‘OVER 200,000’’ and inserting ‘‘GREATER

5 THAN 200,000’’; 

6 (D) by striking paragraph (6) and insert7 ing the following: 

8 ‘‘(6) TECHNICAL ASSISTANCE.— 

9 ‘‘(A) IN GENERAL.—The State and all met10 ropolitan planning organizations in the State 

11 that represent an urbanized area with a popu12 lation of greater than 200,000 shall jointly estab13 lish a program to improve the ability of appli14 cants to deliver projects under this subsection in 

15 an efficient and expeditious manner and reduce 

16 the period of time between the selection of the 

17 project and the obligation of funds for the project 

18 by providing— 

19 ‘‘(i) technical assistance and training 

20 to applicants for projects under this sub21 section; and 

22 ‘‘(ii) funding for 1 or more full-time 

23 State employee positions to administer this 

24 subsection. 


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1 ‘‘(B) ELIGIBLE FUNDS.—To carry out this 

2 paragraph— 

3 ‘‘(i) a State shall set aside an amount 

4 equal to 1 percent of the funds available 

5 under paragraph (1)(A)(i); and 

6 ‘‘(ii) at the request of an eligible met7 ropolitan planning organization, the State 

8 and metropolitan planning organization 

9 may jointly agree to use additional funds 

10 available under paragraph (1)(A)(i). 

11 ‘‘(C) USE OF FUNDS.—Amounts used under 

12 this paragraph may be expended— 

13 ‘‘(i) directly by the State; or 

14 ‘‘(ii) through contracts with State 

15 agencies, private entities, or nonprofit orga16 nizations.’’; 

17 (6) in subsection (e)(1)— 

18 (A) by striking ‘‘over 200,000’’ and insert19 ing ‘‘greater than 200,000’’; and 

20 (B) by striking ‘‘2016 through 2020’’ and 

21 inserting ‘‘2022 through 2025’’; 

22 (7) by striking subsection (f) and inserting the 

23 following: 

24 ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 


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1 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 

2 this subsection, the term ‘off-system bridge’ means a 

3 bridge located on a public road, other than a bridge 

4 on a Federal-aid highway. 

5 ‘‘(2) SPECIAL RULE.— 

6 ‘‘(A) SET ASIDE.—Of the amounts appor7 tioned to a State for each fiscal year under this 

8 section other than the amounts described in sub9 paragraph (C), the State shall obligate for ac10 tivities described in subsection (b)(2) (as in effect 

11 on the day before the date of enactment of the 

12 FAST Act) for off-system bridges an amount 

13 that is not less than 20 percent of the amounts 

14 available to such State under this section in fis15 cal year 2020, not including the amounts de16 scribed in subparagraph (C). 

17 ‘‘(B) REDUCTION OF EXPENDITURES.—The 

18 Secretary, after consultation with State and 

19 local officials, may reduce the requirement for 

20 expenditures for off-system bridges under sub21 paragraph (A) with respect to the State if the 

22 Secretary determines that the State has inad23 equate needs to justify the expenditure. 


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1 ‘‘(C) LIMITATIONS.—The following amounts 

2 shall not be used for the purposes of meeting the 

3 requirements of subparagraph (A): 

4 ‘‘(i) Amounts described in section 

5 133(d)(1)(A). 

6 ‘‘(ii) Amounts set aside under section 

7 133(h). 

8 ‘‘(iii) Amounts described in section 

9 505(a). 

10 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID

11 HIGHWAYS.—Notwithstanding any other provision of 

12 law, with respect to any project not on a Federal-aid 

13 highway for the replacement of a bridge or rehabilita14 tion of a bridge that is wholly funded from State and 

15 local sources, is eligible for Federal funds under this 

16 section, is certified by the State to have been carried 

17 out in accordance with all standards applicable to 

18 such projects under this section, and is determined by 

19 the Secretary upon completion to be no longer a defi20 cient bridge— 

21 ‘‘(A) any amount expended after the date of 

22 enactment of this subsection from State and local 

23 sources for the project in excess of 20 percent of 

24 the cost of construction of the project may be 

25 credited to the non-Federal share of the cost of 


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1 other bridge projects in the State that are eligible 

2 for Federal funds under this section; and 

3 ‘‘(B) that crediting shall be conducted in ac4 cordance with procedures established by the Sec5 retary.’’; and 

6 (8) in subsection (g)(1)— 

7 (A) by striking ‘‘subsection (d)(1)(A)(ii) for 

8 each of fiscal years 2016 through 2020’’ and in9 serting ‘‘subsection (d)(1)(A)(iv) for each fiscal 

10 year’’; 

11 (B) by inserting ‘‘rural’’ after ‘‘functionally 

12 classified as’’; and 

13 (C) by inserting ‘‘or local roads, or on crit14 ical rural freight corridors designated under sec15 tion 167(e)’’ after ‘‘minor collectors’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chapter 

17 1 of title 23, United States Code, is amended by striking 

18 the item relating to section 133 and inserting the following: 

‘‘133. Surface transportation program.’’. 

19 (c) CONFORMING AMENDMENTS.— 

20 (1) ADVANCE ACQUISITION OF REAL PROP21 ERTY.—Section 108(c) of title 23, United States Code, 

22 is amended— 

23 (A) in paragraph (2)(A) by striking ‘‘block 

24 grant’’; and 


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1 (B) in paragraph (3) by striking ‘‘block 

2 grant’’. 

3 (2) NONDISCRIMINATION.—Section 140(b) of title 

4 23, United States Code, is amended by striking ‘‘block 

5 grant’’. 

6 (3) PUBLIC TRANSPORTATION.—Section 

7 142(e)(2) of title 23, United States Code, is amended 

8 by striking ‘‘block grant’’. 

9 (4) HIGHWAY USE TAX EVASION PROJECTS.— 

10 Section 143(b)(8) of title 23, United States Code, is 

11 amended in the heading by striking ‘‘BLOCK GRANT’’. 

12 (5) CONGESTION MITIGATION AND AIR QUALITY

13 IMPROVEMENT PROGRAM.—Section 149(d) of title 23, 

14 United States Code, is amended— 

15 (A) in paragraph (1)(B) by striking ‘‘block 

16 grant’’; and 

17 (B) in paragraph (2)(A) by striking ‘‘block 

18 grant’’. 

19 (6) TERRITORIAL AND PUERTO RICO HIGHWAY

20 PROGRAM.—Section 165 of title 23, United States 

21 Code, is amended— 

22 (A) in subsection (b)(2)(A)(ii) by striking 

23 ‘‘block grant’’ each time such term appears; and 

24 (B) in subsection (c)(6)(A)(i) by striking 

25 ‘‘block grant’’. 


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1 (7) MAGNETIC LEVITATION TRANSPORTATION

2 TECHNOLOGY DEPLOYMENT PROGRAM.—Section 

3 322(h)(3) of title 23, United States Code, is amended 

4 by striking ‘‘block grant’’. 

5 (8) TRAINING AND EDUCATION.—Section 

6 504(a)(4) of title 23, United States Code, is amended 

7 by striking ‘‘block grant’’. 

8 SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 

9 Section 133(h) of title 23, United States Code, is 

10 amended to read as follows: 

11 ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM SET12 ASIDE.— 

13 ‘‘(1) SET ASIDE.—For each fiscal year, of the 

14 total funds apportioned to all States under section 

15 104(b)(2) for a fiscal year, the Secretary shall set 

16 aside an amount such that— 

17 ‘‘(A) the Secretary sets aside a total amount 

18 under this subsection for a fiscal year equal to 

19 10 percent of such total funds; and 

20 ‘‘(B) the State’s share of the amount set 

21 aside under subparagraph (A) is determined by 

22 multiplying the amount set aside under subpara23 graph (A) by the ratio that— 

24 ‘‘(i) the amount apportioned to the 

25 State for the transportation enhancement 


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1 program for fiscal year 2009 under section 

2 133(d)(2), as in effect on the day before the 

3 date of enactment of MAP–21; bears to 

4 ‘‘(ii) the total amount of funds appor5 tioned to all States for the transportation 

6 enhancements program for fiscal year 2009. 

7 ‘‘(2) ALLOCATION WITHIN A STATE.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (B), funds set aside for a State 

10 under paragraph (1) shall be obligated within 

11 that State in the manner described in subsections 

12 (d) and (e), except that, for purposes of this 

13 paragraph (after funds are made available under 

14 paragraph (5))— 

15 ‘‘(i) for each fiscal year, the percentage 

16 referred to in paragraph (1)(A) of sub17 section (d) shall be deemed to be 66 percent; 

18 and 

19 ‘‘(ii) paragraph (3) of subsection (d) 

20 shall not apply. 

21 ‘‘(B) LOCAL CONTROL.— 

22 ‘‘(i) IN GENERAL.—A State may make 

23 available up to 100 percent of the funds set 

24 aside under paragraph (1) to the entities 

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1 mits to the Secretary, and the Secretary ap2 proves, a plan that describes— 

3 ‘‘(I) how such funds shall be made 

4 available to metropolitan planning or5 ganizations, regional transportation 

6 planning organizations, counties, or 

7 other regional transportation authori8 ties; 

9 ‘‘(II) how the entities described in 

10 subclause (I) shall select projects for 

11 funding and how such entities shall re12 port selected projects to the State; 

13 ‘‘(III) the legal, financial, and 

14 technical capacity of such entities; and 

15 ‘‘(IV) the procedures in place to 

16 ensure such entities comply with the 

17 requirements of this title. 

18 ‘‘(ii) REQUIREMENT.—A State that 

19 makes funding available under a plan ap20 proved under this subparagraph shall make 

21 available an equivalent amount of obliga22 tion authority to an entity described in 

23 clause (i)(I) to whom funds are made avail24 able under this subparagraph. 


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1 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside 

2 under this subsection may be obligated for any of the 

3 following projects or activities: 

4 ‘‘(A) Construction, planning, and design of 

5 on-road and off-road trail facilities for pedes6 trians, bicyclists, and other nonmotorized forms 

7 of transportation, including sidewalks, bicycle 

8 infrastructure, pedestrian and bicycle signals, 

9 traffic calming techniques, lighting and other 

10 safety-related infrastructure, and transportation 

11 projects to achieve compliance with the Ameri12 cans with Disabilities Act of 1990 (42 U.S.C. 

13 12101 et seq.). 

14 ‘‘(B) Construction, planning, and design of 

15 infrastructure-related projects and systems that 

16 will provide safe routes for nondrivers, including 

17 children, older adults, and individuals with dis18 abilities to access daily needs. 

19 ‘‘(C) Conversion and use of abandoned rail20 road corridors for trails for pedestrians, 

21 bicyclists, or other nonmotorized transportation 

22 users. 

23 ‘‘(D) Construction of turnouts, overlooks, 

24 and viewing areas. 


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1 ‘‘(E) Community improvement activities, 

2 including— 

3 ‘‘(i) inventory, control, or removal of 

4 outdoor advertising; 

5 ‘‘(ii) historic preservation and reha6 bilitation of historic transportation facili7 ties; 

8 ‘‘(iii) vegetation management practices 

9 in transportation rights-of-way to improve 

10 roadway safety, prevent against invasive 

11 species, facilitate wildfire control, and pro12 vide erosion control; and 

13 ‘‘(iv) archaeological activities relating 

14 to impacts from implementation of a trans15 portation project eligible under this title. 

16 ‘‘(F) Any environmental mitigation activ17 ity, including pollution prevention and pollution 

18 abatement activities and mitigation to address 

19 stormwater management, control, and water pol20 lution prevention or abatement related to high21 way construction or due to highway runoff, in22 cluding activities described in sections 328(a) 

23 and 329. 

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1 store and maintain connectivity among terres2 trial or aquatic habitats affected by, a transpor3 tation facility otherwise eligible for assistance 

4 under this subsection. 

5 ‘‘(H) The recreational trails program under 

6 section 206. 

7 ‘‘(I) The safe routes to school program 

8 under section 211. 

9 ‘‘(J) Activities in furtherance of a vulner10 able road user assessment described in section 

11 148. 

12 ‘‘(K) Any other projects or activities de13 scribed in section 101(a)(29) or section 213, as 

14 such sections were in effect on the day before the 

15 date of enactment of the FAST Act (Public Law 

16 114–94). 

17 ‘‘(4) ACCESS TO FUNDS.— 

18 ‘‘(A) IN GENERAL.—A State, metropolitan 

19 planning organization required to obligate funds 

20 in accordance with paragraph (2)(A), or an en21 tity required to obligate funds in accordance 

22 with paragraph (2)(B) shall develop a competi23 tive process to allow eligible entities to submit 

24 projects for funding that achieve the objectives of 

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1 zation for an area described in subsection 

2 (d)(1)(A)(i) shall select projects under such proc3 ess in consultation with the relevant State. 

4 ‘‘(B) ELIGIBLE ENTITY DEFINED.—In this 

5 paragraph, the term ‘eligible entity’ means— 

6 ‘‘(i) a local government, including a 

7 county or multi-county special district; 

8 ‘‘(ii) a regional transportation author9 ity; 

10 ‘‘(iii) a transit agency; 

11 ‘‘(iv) a natural resource or public land 

12 agency; 

13 ‘‘(v) a school district, local education 

14 agency, or school; 

15 ‘‘(vi) a tribal government; 

16 ‘‘(vii) a metropolitan planning organi17 zation that serves an urbanized area with a 

18 population of 200,000 or fewer; 

19 ‘‘(viii) a nonprofit organization car20 rying out activities related to transpor21 tation; 

22 ‘‘(ix) any other local or regional gov23 ernmental entity with responsibility for or 

24 oversight of transportation or recreational 

25 trails (other than a metropolitan planning 


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1 organization that serves an urbanized area 

2 with a population of over 200,000 or a 

3 State agency) that the State determines to 

4 be eligible, consistent with the goals of this 

5 subsection; and 

6 ‘‘(x) a State, at the request of any enti7 ty listed in clauses (i) through (ix). 

8 ‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL

9 TRAILS PROJECTS.— 

10 ‘‘(A) IN GENERAL.—For each fiscal year, a 

11 State shall— 

12 ‘‘(i) obligate an amount of funds set 

13 aside under this subsection equal to 175 

14 percent of the amount of the funds appor15 tioned to the State for fiscal year 2009 

16 under section 104(h)(2), as in effect on the 

17 day before the date of enactment of MAP– 

18 21, for projects relating to recreational 

19 trails under section 206; 

20 ‘‘(ii) return 1 percent of the funds de21 scribed in clause (i) to the Secretary for the 

22 administration of such program; and 

23 ‘‘(iii) comply with the provisions of the 

24 administration of the recreational trails 

25 program under section 206, including the 


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1 use of apportioned funds described in sub2 section (d)(3)(A) of such section. 

3 ‘‘(B) STATE FLEXIBILITY.—A State may 

4 opt out of the recreational trails program under 

5 this paragraph if the Governor of the State noti6 fies the Secretary not later than 30 days prior 

7 to the date on which an apportionment is made 

8 under section 104 for any fiscal year. 

9 ‘‘(6) IMPROVING ACCESSIBILITY AND EFFI10 CIENCY.— 

11 ‘‘(A) IN GENERAL.—A State may use an 

12 amount equal to not more than 5 percent of the 

13 funds set aside for the State under this sub14 section, after allocating funds in accordance with 

15 paragraph (2)(A), to improve the ability of ap16 plicants to access funding for projects under this 

17 subsection in an efficient and expeditious man18 ner by providing— 

19 ‘‘(i) to applicants for projects under 

20 this subsection application assistance, tech21 nical assistance, and assistance in reducing 

22 the period of time between the selection of 

23 the project and the obligation of funds for 

24 the project; and 


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1 ‘‘(ii) funding for 1 or more full-time 

2 State employee positions to administer this 

3 subsection. 

4 ‘‘(B) USE OF FUNDS.—Amounts used under 

5 subparagraph (A) may be expended— 

6 ‘‘(i) directly by the State; or 

7 ‘‘(ii) through contracts with State 

8 agencies, private entities, or nonprofit enti9 ties. 

10 ‘‘(7) FEDERAL SHARE.— 

11 ‘‘(A) FLEXIBLE MATCH.— 

12 ‘‘(i) IN GENERAL.—Notwithstanding 

13 section 120— 

14 ‘‘(I) the non-Federal share for a 

15 project under this subsection may be 

16 calculated on a project, multiple17 project, or program basis; and 

18 ‘‘(II) the Federal share of the cost 

19 of an individual project in this sub20 section may be up to 100 percent. 

21 ‘‘(ii) AGGREGATE NON-FEDERAL

22 SHARE.—The average annual non-Federal 

23 share of the total cost of all projects for 

24 which funds are obligated under this sub25 section in a State for a fiscal year shall be 


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1 not less than the non-Federal share author2 ized for the State under section 120(b). 

3 ‘‘(iii) REQUIREMENT.—This subpara4 graph shall only apply to a State if such 

5 State has adequate financial controls, as 

6 certified by the Secretary, to account for the 

7 average annual non-Federal share under 

8 this subparagraph. 

9 ‘‘(B) SAFETY PROJECTS.—Notwithstanding 

10 section 120, funds made available to carry out 

11 section 148 may be credited toward the non-Fed12 eral share of the costs of a project under this sub13 section if the project— 

14 ‘‘(i) is a project described in section 

15 148(e)(1); and 

16 ‘‘(ii) is consistent with the State stra17 tegic highway safety plan (as defined in sec18 tion 148(a)). 

19 ‘‘(8) FLEXIBILITY.— 

20 ‘‘(A) STATE AUTHORITY.— 

21 ‘‘(i) IN GENERAL.—A State may use 

22 not more than 50 percent of the funds set 

23 aside under this subsection that are avail24 able for obligation in any area of the State 

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1 ments of subsection (d)(1)(B)) for any pur2 pose eligible under subsection (b). 

3 ‘‘(ii) RESTRICTION.—Funds may be 

4 used as described in clause (i) only if the 

5 State demonstrates to the Secretary— 

6 ‘‘(I) that the State held a competi7 tion in compliance with the require8 ments of this subsection in such form 

9 as the Secretary determines appro10 priate; 

11 ‘‘(II) that the State offered tech12 nical assistance to all eligible entities 

13 and provided such assistance upon re14 quest by an eligible entity; and 

15 ‘‘(III) that there were not suffi16 cient suitable applications from eligible 

17 entities to use the funds described in 

18 clause (i). 

19 ‘‘(B) MPO AUTHORITY.— 

20 ‘‘(i) IN GENERAL.—A metropolitan 

21 planning organization that represents an 

22 urbanized area with a population of greater 

23 than 200,000 may use not more than 50 

24 percent of the funds set aside under this 

25 subsection for an urbanized area described 


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1 in subsection (d)(1)(A)(i) for any purpose 

2 eligible under subsection (b). 

3 ‘‘(ii) RESTRICTION.—Funds may be 

4 used as described in clause (i) only if the 

5 Secretary certifies that the metropolitan 

6 planning organization— 

7 ‘‘(I) held a competition in compli8 ance with the requirements of this sub9 section in such form as the Secretary 

10 determines appropriate; and 

11 ‘‘(II) demonstrates that there were 

12 not sufficient suitable applications 

13 from eligible entities to use the funds 

14 described in clause (i). 

15 ‘‘(9) ANNUAL REPORTS.— 

16 ‘‘(A) IN GENERAL.—Each State or metro17 politan planning organization responsible for 

18 carrying out the requirements of this subsection 

19 shall submit to the Secretary an annual report 

20 that describes— 

21 ‘‘(i) the number of project applications 

22 received for each fiscal year, including— 

23 ‘‘(I) the aggregate cost of the 

24 projects for which applications are re25 ceived; and 


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1 ‘‘(II) the types of projects to be 

2 carried out, expressed as percentages of 

3 the total apportionment of the State 

4 under this subsection; and 

5 ‘‘(ii) the list of each project selected for 

6 funding for each fiscal year, including 

7 specifying the fiscal year for which the 

8 project was selected, the fiscal year in which 

9 the project is anticipated to be funded, the 

10 recipient, the location, the type, and a brief 

11 description. 

12 ‘‘(B) PUBLIC AVAILABILITY.—The Secretary 

13 shall make available to the public, in a user14 friendly format on the website of the Department 

15 of Transportation, a copy of each annual report 

16 submitted under subparagraph (A).’’. 

17 SEC. 1207. BRIDGE INVESTMENT. 

18 (a) IN GENERAL.—Section 144 of title 23, United 

19 States Code, is amended— 

20 (1) in the section heading by striking ‘‘Na21 tional bridge and tunnel inventory and 

22 inspection standards’’ and inserting ‘‘Bridges 

23 and tunnels’’; 

24 (2) in subsection (a)(1)(B) by striking ‘‘defi25 cient’’; 


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1 (3) in subsection (b)(5) by striking ‘‘structurally 

2 deficient bridge’’ and inserting ‘‘bridge classified as 

3 in poor condition’’; 

4 (4) in subsection (d)— 

5 (A) in paragraph (2) by striking ‘‘Not later 

6 than 2 years after the date of enactment of the 

7 MAP–21, each’’ and inserting ‘‘Each’’; and 

8 (B) by striking paragraph (4); 

9 (5) in subsection (j)— 

10 (A) in paragraph (2) by inserting ‘‘, 124,’’ 

11 after ‘‘section 119’’; 

12 (B) in paragraph (3)(A) by inserting ‘‘, 

13 124,’’ after ‘‘section 119’’; and 

14 (C) in paragraph (5) by striking ‘‘financial 

15 characteristics’’ and all that follows through the 

16 end and inserting ‘‘Federal share.’’; and 

17 (6) by adding at the end the following: 

18 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHABILI19 TATION.— 

20 ‘‘(1) GOALS.—The goals of this subsection shall 

21 be to— 

22 ‘‘(A) support the achievement of a state of 

23 good repair for the Nation’s bridges; 


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1 ‘‘(B) improve the safety, efficiency, and reli2 ability of the movement of people and freight 

3 over bridges; and 

4 ‘‘(C) improve the condition of bridges in the 

5 United States by reducing— 

6 ‘‘(i) the number of bridges— 

7 ‘‘(I) in poor condition; or 

8 ‘‘(II) in fair condition and at risk 

9 of falling into poor condition; 

10 ‘‘(ii) the total person miles traveled 

11 over bridges— 

12 ‘‘(I) in poor condition; or 

13 ‘‘(II) in fair condition and at risk 

14 of falling into poor condition; 

15 ‘‘(iii) the number of bridges that— 

16 ‘‘(I) do not meet current geometric 

17 design standards; or 

18 ‘‘(II) cannot meet the load and 

19 traffic requirements typical of the re20 gional transportation network; and 

21 ‘‘(iv) the total person miles traveled 

22 over bridges that— 

23 ‘‘(I) do not meet current geometric 

24 design standards; or 


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1 ‘‘(II) cannot meet the load and 

2 traffic requirements typical of the re3 gional transportation network. 

4 ‘‘(2) BRIDGES ON PUBLIC ROADS.— 

5 ‘‘(A) MINIMUM BRIDGE INVESTMENT.—Ex6 cluding the amounts described in subparagraph 

7 (C), of the total funds apportioned to a State 

8 under paragraphs (1) and (2) of section 104(b) 

9 for fiscal years 2022 to 2025, a State shall obli10 gate not less than 20 percent for projects de11 scribed in subparagraph (E). 

12 ‘‘(B) PROGRAM FLEXIBILITY.—A State re13 quired to obligate funds under subparagraph (A) 

14 may use any combination of funds apportioned 

15 to a State under paragraphs (1) and (2) of sec16 tion 104(b). 

17 ‘‘(C) LIMITATION.—Amounts described 

18 below may not be used for the purposes of calcu19 lating or meeting the minimum bridge invest20 ment requirement under subparagraph (A)— 

21 ‘‘(i) amounts described in section 

22 133(d)(1)(A); 

23 ‘‘(ii) amounts set aside under section 

24 133(h); and 


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1 ‘‘(iii) amounts described in section 

2 505(a). 

3 ‘‘(D) RULE OF CONSTRUCTION.—Nothing in 

4 this section shall be construed to prohibit the ex5 penditure of funds described in subparagraph 

6 (C) for bridge projects eligible under such sec7 tion. 

8 ‘‘(E) ELIGIBLE PROJECTS.—Funds required 

9 to be obligated in accordance with paragraph 

10 (2)(A) may be obligated for projects or activities 

11 that— 

12 ‘‘(i) are otherwise eligible under either 

13 section 119 or section 133, as applicable; 

14 ‘‘(ii) support the achievement of per15 formance targets of the State established 

16 under section 150 or provide support for the 

17 condition and performance of bridges on 

18 public roads within the State; and 

19 ‘‘(iii) remove a bridge classified as in 

20 poor condition in order to improve commu21 nity connectivity, or replace, reconstruct, 

22 rehabilitate, preserve, or protect a bridge in23 cluded on the national bridge inventory au24 thorized by subsection (b), including 

25 through— 


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1 ‘‘(I) seismic retrofits; 

2 ‘‘(II) systematic preventive main3 tenance; 

4 ‘‘(III) installation of scour coun5 termeasures; 

6 ‘‘(IV) the use of innovative mate7 rials that extend the service life of the 

8 bridge and reduce preservation costs, 

9 as compared to conventionally designed 

10 and constructed bridges; 

11 ‘‘(V) the use of nontraditional 

12 production techniques, including fac13 tory prefabrication; 

14 ‘‘(VI) painting for purposes of 

15 bridge protection; 

16 ‘‘(VII) application of calcium 

17 magnesium acetate, sodium acetate/for18 mate, or other environmentally accept19 able, minimally corrosive anti-icing 

20 and deicing compositions; 

21 ‘‘(VIII) corrosion control; 

22 ‘‘(IX) construction of protective 

23 features (including natural infrastruc24 ture) alone or in combination with 

25 other activities eligible under this 


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1 paragraph to enhance resilience of a 

2 bridge; 

3 ‘‘(X) bridge security counter4 measures; 

5 ‘‘(XI) impact protection measures 

6 for bridges; 

7 ‘‘(XII) inspection and evaluation 

8 of bridges; and 

9 ‘‘(XIII) training for bridge in10 spectors consistent with subsection (i). 

11 ‘‘(F) BUNDLES OF PROJECTS.—A State 

12 may use a bundle of projects as described in sub13 section (j) to satisfy the requirements of subpara14 graph (A), if each project in the bundle is other15 wise eligible under subparagraph (E). 

16 ‘‘(G) FLEXIBILITY.—The Secretary may, at 

17 the request of a State, reduce the required obliga18 tion under subparagraph (A) if— 

19 ‘‘(i) the reduction is consistent with a 

20 State’s asset management plan for the Na21 tional Highway System; 

22 ‘‘(ii) the reduction will not limit a 

23 State’s ability to meet its performance tar24 gets under section 150 or to improve the 


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1 condition and performance of bridges on 

2 public roads within the State; and 

3 ‘‘(iii) the State demonstrates that it 

4 has inadequate needs to justify the expendi5 ture. 

6 ‘‘(H) BRIDGE INVESTMENT REPORT.—The 

7 Secretary shall annually publish on the website 

8 of the Department of Transportation a bridge in9 vestment report that includes— 

10 ‘‘(i) the total Federal funding obligated 

11 for bridge projects in the most recent fiscal 

12 year, on a State-by-State basis and broken 

13 out by Federal program; 

14 ‘‘(ii) the total Federal funding obli15 gated, on a State-by-State basis and broken 

16 out by Federal program, for bridge projects 

17 carried out pursuant to the minimum 

18 bridge investment requirements under sub19 paragraph (A); 

20 ‘‘(iii) the progress made by each State 

21 toward meeting the minimum bridge invest22 ment requirement under subparagraph (A) 

23 for such State, both cumulatively and for 

24 the most recent fiscal year; 

25 ‘‘(iv) a summary of— 


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1 ‘‘(I) each request made under sub2 paragraph (G) by a State for a reduc3 tion in the minimum bridge invest4 ment requirement under subparagraph 

5 (A); and 

6 ‘‘(II) for each request described in 

7 subclause (I) that is granted by the 

8 Secretary— 

9 ‘‘(aa) the percentage and dol10 lar amount of the reduction; and 

11 ‘‘(bb) an explanation of how 

12 the State met each of the criteria 

13 described in subparagraph (G); 

14 and 

15 ‘‘(v) a summary of— 

16 ‘‘(I) each request made by a State 

17 for a reduction in the obligation re18 quirements under section 133(f); and 

19 ‘‘(II) for each request that is 

20 granted by the Secretary— 

21 ‘‘(aa) the percentage and dol22 lar amount of the reduction; and 

23 ‘‘(bb) an explanation of how 

24 the Secretary made the determina25 tion under section 133(f)(2)(B). 


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1 ‘‘(I) OFF-SYSTEM BRIDGES.—A State may 

2 apply amounts obligated under this subsection or 

3 section 133(f)(2)(A) to the obligation require4 ments of both this subsection and section 133(f). 

5 ‘‘(J) NHS PENALTY.—A State may apply 

6 amounts obligated under this subsection or sec7 tion 119(f)(2) to the obligation requirements of 

8 both this subsection and section 119(f)(2). 

9 ‘‘(K) COMPLIANCE.—If a State fails to sat10 isfy the requirements of subparagraph (A) by the 

11 end of fiscal year 2025, the Secretary may sub12 ject the State to appropriate program sanctions 

13 under section 1.36 of title 23, Code of Federal 

14 Regulations (or successor regulations).’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chapter 

16 1 of title 23, United States Code, is amended by striking 

17 the item relating to section 144 and inserting the following: 

‘‘144. Bridges and tunnels.’’. 

18 SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 

19 TERMINAL FACILITIES. 

20 Section 147 of title 23, United States Code, is amend21 ed— 

22 (1) by striking subsection (h); and 

23 (2) by redesignating subsections (i) and (j) as 

24 subsections (h) and (i), respectively. 


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1 SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

2 (a) IN GENERAL.—Section 148 of title 23, United 

3 States Code, is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (4)(B)— 

6 (i) by striking ‘‘only includes a 

7 project’’ and inserting ‘‘includes a project’’; 

8 (ii) in clause (xiii) by inserting ‘‘, in9 cluding the development of a vulnerable 

10 road user safety assessment or a vision zero 

11 plan under section 1601 of the INVEST in 

12 America Act’’ after ‘‘safety planning’’; 

13 (iii) by amending clause (xviii) to read 

14 as follows: 

15 ‘‘(xviii) Safe routes to school infra16 structure-related projects eligible under sec17 tion 211.’’; 

18 (iv) in clause (xxvi) by inserting ‘‘or 

19 leading pedestrian intervals’’ after ‘‘hybrid 

20 beacons’’; and 

21 (v) by striking clause (xxviii) and in22 serting the following: 

23 ‘‘(xxviii) A pedestrian security feature 

24 designed to slow or stop a motor vehicle. 

25 ‘‘(xxix) Installation of infrastructure 

26 improvements, including sidewalks, crossVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 walks, signage, and bus stop shelters or pro2 tected waiting areas.’’; 

3 (B) in paragraph (11)— 

4 (i) in subparagraph (A)— 

5 (I) in clause (ix) by striking 

6 ‘‘and’’ at the end; 

7 (II) by redesignating clause (x) as 

8 clause (xi); and 

9 (III) by inserting after clause (ix) 

10 the following: 

11 ‘‘(x) State or local representatives of 

12 educational agencies to address safe routes 

13 to school and schoolbus safety; and’’; 

14 (ii) in subparagraph (E) by inserting 

15 ‘‘Tribal,’’ after ‘‘State,’’; 

16 (iii) by redesignating subparagraphs 

17 (G), (H), and (I) as subparagraphs (H), 

18 (I), and (J), respectively; and 

19 (iv) by inserting after subparagraph 

20 (F) the following: 

21 ‘‘(G) includes a vulnerable road user safety 

22 assessment described under paragraph (16);’’; 

23 (C) by redesignating paragraphs (10), (11), 

24 and (12) as paragraphs (12), (13), and (14), re25 spectively; 


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1 (D) by inserting after paragraph (9) the fol2 lowing: 

3 ‘‘(10) SAFE SYSTEM APPROACH.—The term ‘safe 

4 system approach’ means a roadway design that em5 phasizes minimizing the risk of injury or fatality to 

6 road users and that— 

7 ‘‘(A) takes into consideration the possibility 

8 and likelihood of human error; 

9 ‘‘(B) accommodates human injury tolerance 

10 by taking into consideration likely crash types, 

11 resulting impact forces, and the human body’s 

12 ability to withstand such forces; and 

13 ‘‘(C) takes into consideration vulnerable 

14 road users. 

15 ‘‘(11) SPECIFIED SAFETY PROJECT.— 

16 ‘‘(A) IN GENERAL.—The term ‘specified 

17 safety project’ means a project carried out for the 

18 purpose of safety under any other section of this 

19 title that is consistent with the State strategic 

20 highway safety plan. 

21 ‘‘(B) INCLUSION.—The term ‘specified safe22 ty project’ includes a project that— 

23 ‘‘(i) promotes public awareness and in24 forms the public regarding highway safety 

25 matters (including safety for motorcyclists, 


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1 bicyclists, pedestrians, individuals with dis2 abilities, and other road users); 

3 ‘‘(ii) facilitates enforcement of traffic 

4 safety laws; 

5 ‘‘(iii) provides infrastructure and in6 frastructure-related equipment to support 

7 emergency services; 

8 ‘‘(iv) conducts safety-related research to 

9 evaluate experimental safety counter10 measures or equipment; or 

11 ‘‘(v) supports safe routes to school non12 infrastructure-related activities described 

13 under section 211(e)(2).’’; and 

14 (E) by adding at the end the following: 

15 ‘‘(15) VULNERABLE ROAD USER.—The term ‘vul16 nerable road user’ means a nonmotorist— 

17 ‘‘(A) with a fatality analysis reporting sys18 tem person attribute code that is included in the 

19 definition of the term ‘number of non-motorized 

20 fatalities’ in section 490.205 of title 23, Code of 

21 Federal Regulations (or successor regulation); or 

22 ‘‘(B) described in the term ‘number of non23 motorized serious injuries’ in such section. 

24 ‘‘(16) VULNERABLE ROAD USER SAFETY ASSESS25 MENT.—The term ‘vulnerable road user safety assessVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 ment’ means an assessment of the safety performance 

2 of the State or a metropolitan planning organization 

3 within the State with respect to vulnerable road users 

4 and the plan of the State or metropolitan planning 

5 organization to improve the safety of vulnerable road 

6 users described in subsection (l).’’; 

7 (2) in subsection (c)— 

8 (A) in paragraph (1) by striking ‘‘(a)(11)’’ 

9 and inserting ‘‘(a)(13)’’; and 

10 (B) in paragraph (2)— 

11 (i) in subparagraph (A)(vi) by insert12 ing ‘‘, consistent with the vulnerable road 

13 user safety assessment’’ after ‘‘nonmotorized 

14 crashes’’; 

15 (ii) in subparagraph (B)(i)— 

16 (I) by inserting ‘‘, consistent with 

17 a safe system approach,’’ after ‘‘iden18 tify’’; 

19 (II) by inserting ‘‘excessive design 

20 speeds and speed limits,’’ after ‘‘cross21 ing needs,’’; and 

22 (III) by striking ‘‘motorists (in23 cluding motorcyclists), bicyclists, pe24 destrians, and other highway users’’ 

25 and inserting ‘‘road users’’; and 


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1 (iii) in subparagraph (D)(iii) by strik2 ing ‘‘motorists (including motorcyclists), 

3 bicyclists, pedestrians, persons with disabil4 ities, and other highway users’’ and insert5 ing ‘‘road users’’; 

6 (3) in subsection (d)— 

7 (A) in paragraph (1)— 

8 (i) in subparagraph (A) by striking 

9 ‘‘Not later than 1 year after the date of en10 actment of the MAP–21, the’’ and inserting 

11 ‘‘The’’; and 

12 (ii) in subparagraph (B)— 

13 (I) in clause (iv) by inserting 

14 ‘‘and serious injury’’ after ‘‘fatality’’; 

15 (II) in clause (vii) by striking ‘‘; 

16 and’’ and inserting a semicolon; 

17 (III) by redesignating clause 

18 (viii) as clause (ix); and 

19 (IV) by inserting after clause (vii) 

20 the following: 

21 ‘‘(viii) the findings of a vulnerable 

22 road user safety assessment of the State; 

23 and’’; and 


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1 (B) in paragraph (2)(B)(i) by striking 

2 ‘‘subsection (a)(11)’’ and inserting ‘‘subsection 

3 (a)(13)’’; 

4 (4) in subsection (e)— 

5 (A) in paragraph (1)(C) by striking ‘‘, 

6 without regard to whether the project is included 

7 in an applicable State strategic highway safety 

8 plan’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY

11 PROJECTS.— 

12 ‘‘(A) IN GENERAL.—To advance the imple13 mentation of a State strategic highway safety 

14 plan, a State may use not more than 10 percent 

15 of the amounts apportioned to the State under 

16 section 104(b)(3) for a fiscal year to carry out 

17 specified safety projects. 

18 ‘‘(B) RULE OF STATUTORY CONSTRUC19 TION.—Nothing in this paragraph shall be con20 strued to require a State to revise any State 

21 process, plan, or program in effect on the date of 

22 enactment of this paragraph. 

23 ‘‘(C) EFFECT OF PARAGRAPH.— 

24 ‘‘(i) REQUIREMENTS.—A project fund25 ed under this paragraph shall be subject to 


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1 all requirements under this section that 

2 apply to a highway safety improvement 

3 project. 

4 ‘‘(ii) OTHER APPORTIONED PRO5 GRAMS.—Subparagraph (A) shall not apply 

6 to amounts that may be obligated for non7 infrastructure projects apportioned under 

8 any other paragraph of section 104(b).’’; 

9 (5) in subsection (g)— 

10 (A) by amending paragraph (1) to read as 

11 follows: 

12 ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 

13 ‘‘(A) IN GENERAL.—If a State determines 

14 that the fatality rate on rural roads in such 

15 State for the most recent 2-year period for which 

16 data are available exceeds the median fatality 

17 rate for rural roads among all States, that State 

18 shall be required to— 

19 ‘‘(i) obligate over the 2 fiscal years fol20 lowing the fiscal year in which such deter21 mination is made for projects on high-risk 

22 rural roads an amount not less than 7.5 

23 percent of the amounts apportioned to the 

24 State under section 104(b)(3) for fiscal year 

25 2020; and 


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1 ‘‘(ii) include, in the subsequent update 

2 to the State strategic highway safety plan, 

3 strategies to reduce the fatality rate. 

4 ‘‘(B) SOURCE OF FUNDS.—Any amounts ob5 ligated under subparagraph (A) shall be from 

6 amounts described under section 133(d)(1)(B). 

7 ‘‘(C) ANNUAL DETERMINATION.—The deter8 mination described under subparagraph (A) 

9 shall be made on an annual basis. 

10 ‘‘(D) CONSULTATION.—In carrying out a 

11 project with an amount obligated under subpara12 graph (A), a State shall consult with, as appli13 cable, local governments, metropolitan planning 

14 organizations, and regional transportation plan15 ning organizations.’’; 

16 (B) in paragraph (2)— 

17 (i) in the heading by striking ‘‘DRIV18 ERS’’ and inserting ‘‘ROAD USERS’’; and 

19 (ii) by striking ‘‘address the increases 

20 in’’ and inserting ‘‘reduce’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(3) VULNERABLE ROAD USER SAFETY.— 

23 ‘‘(A) IN GENERAL.—Beginning on the date 

24 of enactment of the INVEST in America Act, if 

25 a State determines that the number of vulnerable 


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1 road user fatalities and serious injuries per cap2 ita in such State over the most recent 2-year pe3 riod for which data are available exceeds the me4 dian number of such fatalities and serious inju5 ries per capita among all States, that State shall 

6 be required to obligate over the 2 fiscal years fol7 lowing the fiscal year in which such determina8 tion is made an amount that is not less than 50 

9 percent of the amount set aside in such State 

10 under section 133(h)(1) for fiscal year 2020, less 

11 any amounts obligated by a metropolitan plan12 ning organization in the State as required by 

13 subparagraph (D), for— 

14 ‘‘(i) in the first fiscal year— 

15 ‘‘(I) performing the vulnerable 

16 user safety assessment as prescribed by 

17 subsection (l); 

18 ‘‘(II) providing matching funds 

19 for transportation alternatives safety 

20 project as identified in section 

21 133(h)(7)(B); and 

22 ‘‘(III) projects eligible under sec23 tion 133(h)(3)(A), (B), (C), or (I); and 


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1 ‘‘(ii) in each fiscal year thereafter, the 

2 program of projects identified in subsection 

3 (l)(2)(C). 

4 ‘‘(B) SOURCE OF FUNDS.—Any amounts ob5 ligated under subparagraph (A) shall be from 

6 amounts described in section 133(d)(1)(B). 

7 ‘‘(C) ANNUAL DETERMINATION.—The deter8 mination described under subparagraph (A) 

9 shall be made on an annual basis. 

10 ‘‘(D) METROPOLITAN PLANNING AREA WITH

11 EXCESSIVE FATALITIES AND SERIOUS INJURIES

12 PER CAPITA.— 

13 ‘‘(i) ANNUAL DETERMINATION.—Begin14 ning on the date of enactment of the IN15 VEST in America Act, a metropolitan 

16 planning organization representing an ur17 banized area with a population greater 

18 than 200,000 shall annually determine the 

19 number of vulnerable user road fatalities 

20 and serious injuries per capita in such area 

21 over the most recent 2-year period. 

22 ‘‘(ii) REQUIREMENT TO OBLIGATE

23 FUNDS.—If such a metropolitan planning 

24 area organization determines that the num25 ber of vulnerable user road fatalities and seVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 rious injuries per capita in such area over 

2 the most recent 2-year period for which 

3 data are available exceeds the median num4 ber of such fatalities and serious injuries 

5 among all urbanized areas with a popu6 lation of over 200,000, then there shall be 

7 obligated over the 2 fiscal years following 

8 the fiscal year in which such determination 

9 is made an amount that is not less than 50 

10 percent of the amount set aside for that ur11 banized area under section 133(h)(2) for fis12 cal year 2020 for projects identified in the 

13 program of projects described in subsection 

14 (l)(7)(C). 

15 ‘‘(E) SOURCE OF FUNDS.— 

16 ‘‘(i) METROPOLITAN PLANNING ORGA17 NIZATION IN STATE REQUIRED TO OBLIGATE

18 FUNDS.—For a metropolitan planning or19 ganization in a State required to obligate 

20 funds to vulnerable user safety under sub21 paragraph (A), the State shall be required 

22 to obligate from such amounts required to 

23 be obligated for vulnerable road user safety 

24 under subparagraph (B) for projects de25 scribed in subsection (l)(7). 


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1 ‘‘(ii) OTHER METROPOLITAN PLANNING

2 ORGANIZATIONS.—For a metropolitan plan3 ning organization that is not located within 

4 a State required to obligate funds to vulner5 able user safety under subparagraph (A), 

6 the State shall be required to obligate from 

7 amounts apportioned under section 

8 104(b)(3) for projects described in sub9 section (l)(7).’’; 

10 (6) in subsection (h)(1)(A) by inserting ‘‘, in11 cluding any efforts to reduce vehicle speed’’ after 

12 ‘‘under this section’’; and 

13 (7) by adding at the end the following: 

14 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS15 MENT.— 

16 ‘‘(1) IN GENERAL.—Not later than 1 year after 

17 date of enactment of the INVEST in America Act, 

18 each State shall create a vulnerable road user safety 

19 assessment. 

20 ‘‘(2) CONTENTS.—A vulnerable road user safety 

21 assessment required under paragraph (1) shall in22 clude— 

23 ‘‘(A) a description of the location within the 

24 State of each vulnerable road user fatality and 


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1 serious injury and the design speed of the road2 way at any such location; 

3 ‘‘(B) a description of any corridors identi4 fied by a State, in coordination with local gov5 ernments, metropolitan planning organizations, 

6 and regional transportation planning organiza7 tions that pose a high risk of a vulnerable road 

8 user fatality or serious injury and the design 

9 speeds of such corridors; and 

10 ‘‘(C) a program of projects or strategies to 

11 reduce safety risks to vulnerable road users in 

12 corridors identified under subparagraph (B), in 

13 coordination with local governments, metropoli14 tan planning organizations, and regional trans15 portation planning organizations that represent 

16 a high-risk area identified under subparagraph 

17 (B). 

18 ‘‘(3) ANALYSIS.—In creating a vulnerable road 

19 user safety assessment under this subsection, a State 

20 shall assess the last 5 years of available data. 

21 ‘‘(4) REQUIREMENTS.—In creating a vulnerable 

22 road user safety assessment under this subsection, a 

23 State shall— 

24 ‘‘(A) take into consideration a safe system 

25 approach; and 


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1 ‘‘(B) coordinate with local governments, 

2 metropolitan planning organizations, and re3 gional transportation planning organizations 

4 that represent a high-risk area identified under 

5 paragraph (2)(B). 

6 ‘‘(5) UPDATE.—A State shall update a vulner7 able road user safety assessment on the same schedule 

8 as the State updates the State strategic highway safe9 ty plan. 

10 ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The 

11 program of projects developed under paragraph (2)(C) 

12 may not degrade transportation system access for vul13 nerable road users.’’. 

14 (b) TECHNICAL AMENDMENT.—Section 148 of title 23, 

15 United States Code, is amended— 

16 (1) in the heading for subsection (a)(8) by strik17 ing ‘‘ROAD USERS’’ and inserting ‘‘ROAD USER’’; and 

18 (2) in subsection (i)(2)(D) by striking ‘‘safety 

19 safety’’ and inserting ‘‘safety’’. 

20 (c) HIGH-RISK RURAL ROADS.— 

21 (1) STUDY.—Not later than 2 years after the 

22 date of enactment of this Act, the Secretary of Trans23 portation shall update the study described in para24 graph (1) of section 1112(b) of MAP–21 (23 U.S.C. 

25 148 note). 


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1 (2) PUBLICATION OF REPORT.—Not later than 2 

2 years after the date of enactment of this Act, the Sec3 retary shall publish on the website of the Department 

4 of Transportation an updated report of the report de5 scribed in paragraph (2) of section 1112(b) of MAP– 

6 21 (23 U.S.C. 148 note). 

7 (3) BEST PRACTICES MANUAL.—Not later than 

8 180 days after the date of submission of the report de9 scribed in paragraph (2), the Secretary shall update 

10 the best practices manual described in section 

11 1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 

12 SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM13 PROVEMENT PROGRAM. 

14 Section 149 of title 23, United States Code, is amend15 ed— 

16 (1) in subsection (b)— 

17 (A) in paragraph (1)(A)(ii) by striking 

18 ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 

19 (B) in paragraph (7) by inserting ‘‘shared 

20 micromobility (including bikesharing and shared 

21 scooter systems),’’ after ‘‘carsharing,’’; 

22 (C) in paragraph (8)(B) by striking ‘‘; or’’ 

23 and inserting a semicolon; 

24 (D) in paragraph (9) by striking the period 

25 and inserting ‘‘; or’’; and 


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1 (E) by adding at the end the following: 

2 ‘‘(10) if the project or program mitigates sea3 sonal or temporary traffic congestion from long-haul 

4 travel or tourism.’’; 

5 (2) in subsection (c)— 

6 (A) in paragraph (2)— 

7 (i) in the heading by inserting ‘‘, HY8 DROGEN VEHICLE,’’ after ‘‘ELECTRIC VEHI9 CLE’’; 

10 (ii) by inserting ‘‘hydrogen or’’ after 

11 ‘‘charging stations or’’; and 

12 (iii) by inserting ‘‘, hydrogen-pow13 ered,’’ after ‘‘battery powered’’; and 

14 (B) in paragraph (3) by inserting ‘‘, and is 

15 consistent with section 166’’ after ‘‘travel times’’; 

16 and 

17 (3) by striking subsection (m) and inserting the 

18 following: 

19 ‘‘(m) OPERATING ASSISTANCE.— 

20 ‘‘(1) PROJECTS.—A State may obligate funds 

21 apportioned under section 104(b)(4) in an area of 

22 such State that is otherwise eligible for obligations of 

23 such funds for operating costs under chapter 53 of 

24 title 49 or on a system for which CMAQ funding was 

25 made available, obligated, or expended in fiscal year 


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1 2012, or, notwithstanding subsection (b), on a State2 supported Amtrak route with a cost-sharing agree3 ment under section 209 of the Passenger Rail Invest4 ment and Improvement Act of 2008 or alternative 

5 cost allocation under section 24712(g)(3) of title 49. 

6 ‘‘(2) TIME LIMITATION.—In determining the 

7 amount of time for which a State may obligate funds 

8 under paragraph (1) for operating assistance for an 

9 area of a State or on a system, the Secretary shall 

10 allow such obligations to occur, in such area or on 

11 such system— 

12 ‘‘(A) with a time limitation of not less than 

13 3 years; and 

14 ‘‘(B) in the case of projects that demonstrate 

15 continued net air quality benefits beyond 3 

16 years, as determined annually by the Secretary 

17 in consultation with the Administrator of the 

18 Environmental Protection Agency, with no im19 posed time limitation.’’. 

20 SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 

21 (a) ELECTRIC VEHICLE CHARGING STATIONS.—Chap22 ter 1 of title 23, United States Code, is amended by insert23 ing after section 154 the following new section: 


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1 ‘‘§ 155. Electric vehicle charging stations 

2 ‘‘(a) IN GENERAL.—Any electric vehicle charging in3 frastructure funded under this title shall be subject to the 

4 requirements of this section. 

5 ‘‘(b) INTEROPERABILITY.— 

6 ‘‘(1) IN GENERAL.—Electric vehicle charging sta7 tions funded under this title shall provide, at a min8 imum, two of the following charging connector types 

9 at the location: 

10 ‘‘(A) CCS. 

11 ‘‘(B) CHAdeMO. 

12 ‘‘(C) An alternative connector that meets 

13 applicable industry safety standards 

14 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub15 section shall prevent the use of charging types other 

16 than the connectors described in paragraph (1) if, at 

17 a minimum, such connectors meet applicable industry 

18 safety standards and are compatible with a majority 

19 of electric vehicles in operation. 

20 ‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 

21 charging stations shall provide payment methods available 

22 to all members of the public to ensure secure, convenient, 

23 and equal access and shall not be limited by membership 

24 to a particular payment provider. 

25 ‘‘(d) TREATMENT OF PROJECTS.—Notwithstanding 

26 any other provision of law, any project to install electric 


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1 vehicle charging infrastructure shall be treated as if the 

2 project is located on a Federal-aid highway. 

3 ‘‘(e) CERTIFICATION.—The Secretary of Commerce 

4 shall certify that no electric vehicle charging stations in5 stalled under this section use minerals sourced or processed 

6 with child labor, as such term is defined in Article 3 of 

7 the International Labor Organization Convention con8 cerning the prohibition and immediate action for the elimi9 nation of the worst forms of child labor (December 2, 2000), 

10 or in violation of human rights.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chapter 

12 1 of title 23, United States Code, is amended by inserting 

13 after the item relating to section 154 the following new item: 

‘‘155. Electric vehicle charging stations.’’. 

14 (c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 

15 Secretary of Transportation shall update the Manual on 

16 Uniform Traffic Control Devices to— 

17 (1) ensure uniformity in providing road users 

18 direction to electric charging stations that are open to 

19 the public; and 

20 (2) allow the use of Specific Service signs for 

21 electric vehicle charging station providers. 

22 (d) AGREEMENTS RELATING TO THE USE AND ACCESS

23 OF RIGHTS-OF-WAY OF THE INTERSTATE SYSTEM.—Section 

24 111 of title 23, United States Code, is amended by adding 

25 at the end the following: 


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1 ‘‘(f) INTERSTATE SYSTEM RIGHTS-OF WAY.— 

2 ‘‘(1) IN GENERAL.—Notwithstanding subsections 

3 (a) or (b), the Secretary shall permit, consistent with 

4 section 155, the charging of electric vehicles on rights5 of-way of the Interstate System in— 

6 ‘‘(A) a rest area; or 

7 ‘‘(B) a fringe or corridor parking facility, 

8 including a park and ride facility. 

9 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub10 section shall permit commercial activities on rights11 of-way of the Interstate System, except as necessary 

12 for the charging of electric vehicles in accordance with 

13 this subsection.’’. 

14 SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 

15 Section 167 of title 23, United States Code, is amend16 ed— 

17 (1) in subsection (b)— 

18 (A) in paragraph (6) by striking ‘‘; and’’ 

19 and inserting a semicolon; and 

20 (B) by striking paragraph (7) and inserting 

21 the following: 

22 ‘‘(7) to reduce the environmental impacts of 

23 freight movement on the National Highway Freight 

24 Network, including— 

25 ‘‘(A) greenhouse gas emissions; 


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1 ‘‘(B) local air pollution; 

2 ‘‘(C) minimizing, capturing, or treating 

3 stormwater runoff and addressing other adverse 

4 impacts to water quality; and 

5 ‘‘(D) wildlife habitat loss; and 

6 ‘‘(8) to decrease any adverse impact of freight 

7 transportation on communities located near freight 

8 facilities or freight corridors.’’; 

9 (2) in subsection (e) by adding at the end the fol10 lowing: 

11 ‘‘(3) ADDITIONAL MILEAGE.—Notwithstanding 

12 paragraph (2), a State that has designated at least 90 

13 percent of its maximum mileage described in para14 graph (2) may designate up to an additional 150 

15 miles of critical rural freight corridors.’’; 

16 (3) in subsection (f) by adding at the end the fol17 lowing: 

18 ‘‘(5) ADDITIONAL MILEAGE.—Notwithstanding 

19 paragraph (4), a State that has designated at least 90 

20 percent of its maximum mileage described in para21 graph (4) may designate up to an additional 75 miles 

22 of critical urban freight corridors under paragraphs 

23 (1) and (2).’’; 

24 (4) in subsection (h) by striking ‘‘Not later than’’ 

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1 serting ‘‘As part of the report required under section 

2 503(b)(8), the Administrator shall biennially pre3 pare’’; 

4 (5) in subsection (i)— 

5 (A) by striking paragraphs (2) and (3); 

6 (B) by amending paragraph (4) to read as 

7 follows: 

8 ‘‘(4) FREIGHT PLANNING.—Notwithstanding any 

9 other provision of law, a State may not obligate funds 

10 apportioned to the State under section 104(b)(5) un11 less the State has developed, updated, or amended, as 

12 applicable, a freight plan in accordance with section 

13 70202 of title 49.’’; 

14 (C) in paragraph (5)— 

15 (i) by striking subparagraph (B) and 

16 inserting the following: 

17 ‘‘(B) LIMITATION.—The Federal share of a 

18 project described in subparagraph (C)(xxiii) 

19 shall fund only elements of such project that pro20 vide public benefits.’’; and 

21 (ii) in subparagraph (C)— 

22 (I) in clause (iii) by inserting 

23 ‘‘and freight management and oper24 ations systems’’ after ‘‘freight transpor25 tation systems’’; and 


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1 (II) by amending clause (xxiii) to 

2 read as follows: 

3 ‘‘(xxiii) Freight intermodal or freight 

4 rail projects, including— 

5 ‘‘(I) projects within the bound6 aries of public or private freight rail 

7 or water facilities (including ports); 

8 ‘‘(II) projects that provide surface 

9 transportation infrastructure necessary 

10 to facilitate direct intermodal inter11 change, transfer, and access into or out 

12 of the facility; and 

13 ‘‘(III) any other surface transpor14 tation project to improve the flow of 

15 freight into or out of a facility de16 scribed in subclause (I) or (II).’’; 

17 (D) in paragraph (6) by striking ‘‘para18 graph (5)’’ and inserting ‘‘paragraph (3)’’; and 

19 (E) by redesignating paragraphs (4), (5), 

20 (6), and (7) as paragraphs (2), (3), (4), and (5), 

21 respectively; and 

22 (6) in subsection (k)(1)(A)(ii) by striking ‘‘ports23 of entry’’ and inserting ‘‘ports-of-entry’’. 


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1 SEC. 1213. CARBON POLLUTION REDUCTION. 

2 (a) IN GENERAL.—Chapter 1 of title 23, United States 

3 Code, is amended by adding at the end the following: 

4 ‘‘§ 171. Carbon pollution reduction 

5 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

6 a carbon pollution reduction program to support the reduc7 tion of greenhouse gas emissions from the surface transpor8 tation system. 

9 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 

10 funding under this section if such project— 

11 ‘‘(1) is expected to yield a significant reduction 

12 in greenhouse gas emissions from the surface trans13 portation system; 

14 ‘‘(2) will help a State meet the greenhouse gas 

15 emissions performance targets established under sec16 tion 150(c)(7); and 

17 ‘‘(3) is— 

18 ‘‘(A) eligible for assistance under this title 

19 or under chapter 53 of title 49; or 

20 ‘‘(B) a capital project, as such term is de21 fined in section 22906 of title 49, to improve 

22 intercity rail passenger transportation, provided 

23 that the project will yield a significant reduction 

24 in single occupant vehicle trips and improve mo25 bility on public roads. 


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1 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance 

2 on methods of determining the reduction of single occupant 

3 vehicle trips and improvement of mobility on public roads 

4 as those factors relate to intercity rail passenger transpor5 tation projects under subsection (b)(4). 

6 ‘‘(d) OPERATING EXPENSES.—A State may use not 

7 more than 10 percent of the funds provided under section 

8 104(b)(9) for the operating expenses of public transpor9 tation and passenger rail transportation projects. 

10 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FACILI11 TIES.—None of the funds provided under this section may 

12 be used for a project that will result in the construction 

13 of new capacity available to single occupant vehicles unless 

14 the project consists of a high occupancy vehicle facility and 

15 is consistent with section 166. 

16 ‘‘(f) EVALUATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall annually 

18 evaluate the progress of each State in carrying out the 

19 program under this section by comparing the percent 

20 change in carbon dioxide emissions per capita on 

21 public roads in the State calculated as— 

22 ‘‘(A) the annual carbon dioxide emissions 

23 per capita on public roads in the State for the 

24 most recent year for which there is data; divided 

25 by 


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1 ‘‘(B) the average annual carbon dioxide 

2 emissions per capita on public roads in the State 

3 in calendar years 2015 through 2019. 

4 ‘‘(2) MEASURES.—In conducting the evaluation 

5 under paragraph (1), the Secretary shall— 

6 ‘‘(A) prior to the effective date of the green7 house gas performance measures under section 

8 150(c)(7), use such data as are available, which 

9 may include data on motor fuels usage published 

10 by the Federal Highway Administration and in11 formation on emissions factors or coefficients 

12 published by the Energy Information Adminis13 tration of the Department of Energy; and 

14 ‘‘(B) following the effective date of the 

15 greenhouse gas performance measures under sec16 tion 150(c)(7), use such measures. 

17 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu18 ally issue a carbon pollution reduction progress report, to 

19 be made publicly available on the website of the Department 

20 of Transportation, that includes— 

21 ‘‘(1) the results of the evaluation under sub22 section (f) for each State; and 

23 ‘‘(2) a ranking of all the States by the criteria 

24 under subsection (f), with the States that, for the year 

25 covered by such report, have the largest percentage reVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 duction in annual carbon dioxide emissions per cap2 ita on public roads being ranked the highest. 

3 ‘‘(h) HIGH-PERFORMING STATES.— 

4 ‘‘(1) DESIGNATION.—For purposes of this sec5 tion, each State that is 1 of the 15 highest ranked 

6 States, as determined under subsection (g)(2), and 

7 that achieves a reduction in carbon dioxide emissions 

8 per capita on public roads, as determined by the eval9 uation in subsection (f), shall be designated as a high10 performing State for the following fiscal year. 

11 ‘‘(2) USE OF FUNDS.—For each State that is 

12 designated as a high-performing State under para13 graph (1)— 

14 ‘‘(A) notwithstanding section 120, the State 

15 may use funds made available under this title to 

16 pay the non-Federal share of a project under this 

17 section during any year for which such State is 

18 designated as a high-performing State; and 

19 ‘‘(B) notwithstanding section 126, the State 

20 may transfer up to 50 percent of funds appor21 tioned under section 104(b)(9) to the program 

22 under section 104(b)(2) in any year for which 

23 such State is designated as a high-performing 

24 State. 


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1 ‘‘(3) TRANSFER.—For each State that is 1 of the 

2 15 lowest ranked States, as determined under sub3 section (g)(2), the Secretary shall transfer 10 percent 

4 of the amount apportioned to the State under section 

5 104(b)(2) in the fiscal year following the year in 

6 which the State is so ranked, not including amounts 

7 set aside under section 133(d)(1)(A) and under sec8 tion 133(h) or 505(a), to the apportionment of the 

9 State under section 104(b)(9). 

10 ‘‘(4) LIMITATION.—The Secretary shall not con11 duct a transfer under paragraph (3)— 

12 ‘‘(A) until the first fiscal year following the 

13 effective date of greenhouse gas performance 

14 measures under section 150(c)(7); and 

15 ‘‘(B) with respect to a State in any fiscal 

16 year following the year in which such State 

17 achieves a reduction in carbon dioxide emissions 

18 per capita on public roads in such year as deter19 mined by the evaluation under subsection (f). 

20 ‘‘(i) REPORT.—Not later than 2 years after the date 

21 of enactment of this section and periodically thereafter, the 

22 Secretary, in consultation with the Administrator of the 

23 Environmental Protection Agency, shall issue a report— 

24 ‘‘(1) detailing, based on the best available 

25 science, what types of projects eligible for assistance 


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1 under this section are expected to provide the most 

2 significant greenhouse gas emissions reductions from 

3 the surface transportation sector; and 

4 ‘‘(2) detailing, based on the best available 

5 science, what types of projects eligible for assistance 

6 under this section are not expected to provide signifi7 cant greenhouse gas emissions reductions from the 

8 surface transportation sector.’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for chapter 

10 1 of title 23, United States Code, is amended by adding 

11 at the end the following new item: 

‘‘171. Carbon pollution reduction.’’. 

12 (c) APPLICABILITY.—Subsection (b)(2) of section 171 

13 of title 23, United States Code, as added by this section, 

14 shall apply to a State beginning on the first fiscal year 

15 following the fiscal year in which the State sets greenhouse 

16 gas performance targets under section 150(d) of title 23, 

17 United States Code. 

18 SEC. 1214. RECREATIONAL TRAILS. 

19 Section 206 of title 23, United States Code, is amended 

20 by adding at the end the following: 

21 ‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds 

22 apportioned to a State under section 104(b) that are obli23 gated for recreational trails and related projects shall be 

24 administered as if such funds were made available for pur25 poses described under this section.’’. 


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1 SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 

2 (a) IN GENERAL.—Chapter 2 of title 23, United States 

3 Code, is amended by inserting after section 210 the fol4 lowing: 

5 ‘‘§ 211. Safe routes to school program 

6 ‘‘(a) PROGRAM.—The Secretary shall carry out a safe 

7 routes to school program for the benefit of children in pri8 mary, middle, and high schools. 

9 ‘‘(b) PURPOSES.—The purposes of the program shall 

10 be— 

11 ‘‘(1) to enable and encourage children, including 

12 those with disabilities, to walk and bicycle to school; 

13 ‘‘(2) to make bicycling and walking to school a 

14 safer and more appealing transportation alternative, 

15 thereby encouraging a healthy and active lifestyle 

16 from an early age; and 

17 ‘‘(3) to facilitate the planning, development, and 

18 implementation of projects and activities that will 

19 improve safety and reduce traffic, fuel consumption, 

20 and air pollution in the vicinity of schools. 

21 ‘‘(c) USE OF FUNDS.—Amounts apportioned to a State 

22 under paragraphs (2) and (3) of section 104(b) may be used 

23 to carry out projects, programs, and other activities under 

24 this section. 

25 ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 

26 activities funded under this section may be carried out by 


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1 eligible entities described under section 133(h)(4)(B) that 

2 demonstrate an ability to meet the requirements of this sec3 tion. 

4 ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 

5 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 

6 ‘‘(A) IN GENERAL.—A State may obligate 

7 funds under this section for the planning, design, 

8 and construction of infrastructure-related 

9 projects that will substantially improve the abil10 ity of students to walk and bicycle to school, in11 cluding sidewalk improvements, traffic calming 

12 and speed reduction improvements, pedestrian 

13 and bicycle crossing improvements, on-street bi14 cycle facilities, off-street bicycle and pedestrian 

15 facilities, secure bicycle parking facilities, and 

16 traffic diversion improvements in the vicinity of 

17 schools. 

18 ‘‘(B) LOCATION OF PROJECTS.—Infrastruc19 ture-related projects under subparagraph (A) 

20 may be carried out on any public road or any 

21 bicycle or pedestrian pathway or trail in the vi22 cinity of schools. 

23 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI24 TIES.—In addition to projects described in paragraph 

25 (1), a State may obligate funds under this section for 


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1 noninfrastructure-related activities to encourage walk2 ing and bicycling to school, including— 

3 ‘‘(A) public awareness campaigns and out4 reach to press and community leaders; 

5 ‘‘(B) traffic education and enforcement in 

6 the vicinity of schools; 

7 ‘‘(C) student sessions on bicycle and pedes8 trian safety, health, and environment; 

9 ‘‘(D) programs that address personal safety; 

10 and 

11 ‘‘(E) funding for training, volunteers, and 

12 managers of safe routes to school programs. 

13 ‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.— 

14 Each State receiving an apportionment under para15 graphs (2) and (3) of section 104(b) shall use a suffi16 cient amount of the apportionment to fund a full-time 

17 position of coordinator of the State’s safe routes to 

18 school program. 

19 ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A 

20 coordinator described in paragraph (3) shall conduct 

21 outreach to ensure that rural school districts in the 

22 State are aware of such State’s safe routes to school 

23 program and the funds authorized by this section. 


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1 ‘‘(f) FEDERAL SHARE.—The Federal share of the cost 

2 of a project, program, or activity under this section shall 

3 be 100 percent. 

4 ‘‘(g) CLEARINGHOUSE.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall main6 tain a national safe routes to school clearinghouse 

7 to— 

8 ‘‘(A) develop information and educational 

9 programs on safe routes to school; and 

10 ‘‘(B) provide technical assistance and dis11 seminate techniques and strategies used for suc12 cessful safe routes to school programs. 

13 ‘‘(2) FUNDING.—The Secretary shall carry out 

14 this subsection using amounts authorized to be appro15 priated for administrative expenses under section 

16 104(a). 

17 ‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding 

18 any other provision of law, projects carried out under this 

19 section shall be treated as projects on a Federal-aid highway 

20 under chapter 1 of this title. 

21 ‘‘(i) DEFINITIONS.—In this section, the following defi22 nitions apply: 

23 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 

24 ‘in the vicinity of schools’ means, with respect to a 


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1 school, the area within bicycling and walking dis2 tance of the school (approximately 2 miles). 

3 ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 

4 The term ‘primary, middle, and high schools’ means 

5 schools providing education from kindergarten 

6 through twelfth grade.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 (1) REPEAL.—Section 1404 of SAFETEA–LU 

9 (Public Law 109–59; 119 Stat. 1228–1230), and the 

10 item relating to such section in the table of contents 

11 in section 1(b) of such Act, are repealed. 

12 (2) ANALYSIS.—The analysis for chapter 2 of 

13 title 23, United States Code, is amended by inserting 

14 after the item relating to section 210 the following: 

‘‘211. Safe routes to school program.’’. 

15 SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 

16 WALKWAYS. 

17 Section 217 of title 23, United States Code, is amend18 ed— 

19 (1) in subsection (d)— 

20 (A) by striking ‘‘104(b)(3)’’ and inserting 

21 ‘‘104(b)(4)’’; and 

22 (B) by striking ‘‘a position’’ and inserting 

23 ‘‘at least one full-time positions’’; 


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1 (2) in subsection (e) by striking ‘‘bicycles’’ and 

2 inserting ‘‘pedestrians or bicyclists’’ each place such 

3 term appears; and 

4 (3) in subsection (j) by striking paragraph (2) 

5 and inserting the following: 

6 ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bi7 cycle’ means mean a bicycle equipped with fully oper8 able pedals, a saddle or seat for the rider, and an 

9 electric motor of less than 750 watts that can safely 

10 share a bicycle transportation facility with other 

11 users of such facility and meets the requirements of 

12 one of the following three classes: 

13 ‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The 

14 term ‘class 1 electric bicycle’ means an electric 

15 bicycle equipped with a motor that provides as16 sistance only when the rider is pedaling, and 

17 that ceases to provide assistance when the bicycle 

18 reaches the speed of 20 miles per hour. 

19 ‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The 

20 term ‘class 2 electric bicycle’ means an electric 

21 bicycle equipped with a motor that may be used 

22 exclusively to propel the bicycle, and that is not 

23 capable of providing assistance when the bicycle 

24 reaches the speed of 20 miles per hour. 


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1 ‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The 

2 term ‘class 3 electric bicycle’ means an electric 

3 bicycle equipped with a motor that provides as4 sistance only when the rider is pedaling, and 

5 that ceases to provide assistance when the bicycle 

6 reaches the speed of 28 miles per hour.’’. 

7 Subtitle C—Project-Level 

8 Investments 

9 SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG10 NIFICANCE. 

11 (a) IN GENERAL.—Section 117 of title 23, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 117. Projects of national and regional significance 

14 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

15 a projects of national and regional significance program 

16 under which the Secretary may make grants to, and estab17 lish multiyear grant agreements with, eligible entities in 

18 accordance with this section. 

19 ‘‘(b) APPLICATIONS.—To be eligible for a grant under 

20 this section, an eligible entity shall submit to the Secretary 

21 an application in such form, in such manner, and con22 taining such information as the Secretary may require. 

23 ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 

24 ‘‘(1) IN GENERAL.—Each grant made under this 

25 section— 


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1 ‘‘(A) shall be in an amount that is at least 

2 $25,000,000; and 

3 ‘‘(B) shall be for a project that has eligible 

4 project costs that are reasonably anticipated to 

5 equal or exceed the lesser of— 

6 ‘‘(i) $100,000,000; or 

7 ‘‘(ii) in the case of a project— 

8 ‘‘(I) located in 1 State or terri9 tory, 30 percent of the amount appor10 tioned under this chapter to the State 

11 or territory in the most recently com12 pleted fiscal year; or 

13 ‘‘(II) located in more than 1 State 

14 or territory, 50 percent of the amount 

15 apportioned under this chapter to the 

16 participating State or territory with 

17 the largest apportionment under this 

18 chapter in the most recently completed 

19 fiscal year. 

20 ‘‘(2) LARGE PROJECTS.—For a project that has 

21 eligible project costs that are reasonably anticipated 

22 to equal or exceed $500,000,000, a grant made under 

23 this section— 

24 ‘‘(A) shall be in an amount sufficient to 

25 fully fund the project, or in the case of a public 


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1 transportation project, a minimum operable seg2 ment, in combination with other funding sources, 

3 including non-Federal financial commitment, 

4 identified in the application; and 

5 ‘‘(B) may be awarded pursuant to the proc6 ess under subsection (d), as necessary based on 

7 the amount of the grant. 

8 ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE

9 PROJECTS.— 

10 ‘‘(1) IN GENERAL.—A large project that receives 

11 a grant under this section may be carried out through 

12 a multiyear grant agreement in accordance with this 

13 subsection. 

14 ‘‘(2) REQUIREMENTS.—A multiyear grant agree15 ment for a large project shall— 

16 ‘‘(A) establish the terms of participation by 

17 the Federal Government in the project; 

18 ‘‘(B) establish the amount of Federal finan19 cial assistance for the project; 

20 ‘‘(C) establish a schedule of anticipated Fed21 eral obligations for the project that provides for 

22 obligation of the full grant amount by not later 

23 than 4 fiscal years after the fiscal year in which 

24 the initial amount is provided; and 


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1 ‘‘(D) determine the period of time for com2 pleting the project, even if such period extends 

3 beyond the period of an authorization. 

4 ‘‘(3) SPECIAL RULES.— 

5 ‘‘(A) IN GENERAL.—A multiyear grant 

6 agreement under this subsection— 

7 ‘‘(i) shall obligate an amount of avail8 able budget authority specified in law; and 

9 ‘‘(ii) may include a commitment, con10 tingent on amounts to be specified in law in 

11 advance for commitments under this para12 graph, to obligate an additional amount 

13 from future available budget authority spec14 ified in law. 

15 ‘‘(B) CONTINGENT COMMITMENT.—A contin16 gent commitment under this subsection is not an 

17 obligation of the Federal Government under sec18 tion 1501 of title 31. 

19 ‘‘(C) INTEREST AND OTHER FINANCING

20 COSTS.— 

21 ‘‘(i) IN GENERAL.—Interest and other 

22 financing costs of carrying out a part of the 

23 project within a reasonable time shall be 

24 considered a cost of carrying out the project 

25 under a multiyear grant agreement, except 


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1 that eligible costs may not be more than the 

2 cost of the most favorable financing terms 

3 reasonably available for the project at the 

4 time of borrowing. 

5 ‘‘(ii) CERTIFICATION.—The applicant 

6 shall certify to the Secretary that the appli7 cant has shown reasonable diligence in seek8 ing the most favorable financing terms. 

9 ‘‘(4) ADVANCE PAYMENT.—An eligible entity car10 rying out a large project under a multiyear grant 

11 agreement— 

12 ‘‘(A) may use funds made available to the 

13 eligible entity under this title or title 49 for eli14 gible project costs of the large project; and 

15 ‘‘(B) shall be reimbursed, at the option of 

16 the eligible entity, for such expenditures from the 

17 amount made available under the multiyear 

18 grant agreement for the project in that fiscal 

19 year or a subsequent fiscal year. 

20 ‘‘(e) ELIGIBLE PROJECTS.— 

21 ‘‘(1) IN GENERAL.—The Secretary may make a 

22 grant under this section only for a project that is a 

23 project eligible for assistance under this title or chap24 ter 53 of title 49 and is— 


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1 ‘‘(A) a bridge project carried out on the Na2 tional Highway System, or that is eligible to be 

3 carried out under section 165; 

4 ‘‘(B) a project to improve person through5 put that is— 

6 ‘‘(i) a highway project carried out on 

7 the National Highway System, or that is el8 igible to be carried out under section 165; 

9 ‘‘(ii) a public transportation project; 

10 or 

11 ‘‘(iii) a capital project, as such term is 

12 defined in section 22906 of title 49, to im13 prove intercity rail passenger transpor14 tation; or 

15 ‘‘(C) a project to improve freight throughput 

16 that is— 

17 ‘‘(i) a highway freight project carried 

18 out on the National Highway Freight Net19 work established under section 167 or on the 

20 National Highway System; 

21 ‘‘(ii) a freight intermodal, freight rail, 

22 or railway-highway grade crossing or grade 

23 separation project; or 

24 ‘‘(iii) within the boundaries of a public 

25 or private freight rail, water (including 


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1 ports), or intermodal facility and that is a 

2 surface transportation infrastructure project 

3 necessary to facilitate direct intermodal 

4 interchange, transfer, or access into or out 

5 of the facility. 

6 ‘‘(2) LIMITATION.— 

7 ‘‘(A) CERTAIN FREIGHT PROJECTS.— 

8 Projects described in clauses (ii) and (iii) of 

9 paragraph (1)(C) may receive a grant under this 

10 section only if— 

11 ‘‘(i) the project will make a significant 

12 improvement to the movement of freight on 

13 the National Highway System; and 

14 ‘‘(ii) the Federal share of the project 

15 funds only elements of the project that pro16 vide public benefits. 

17 ‘‘(B) CERTAIN PROJECTS FOR PERSON

18 THROUGHPUT.—Projects described in clauses (ii) 

19 and (iii) of paragraph (1)(B) may receive a 

20 grant under this section only if the project will 

21 make a significant improvement in mobility on 

22 public roads. 

23 ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity re24 ceiving a grant under this section may use such grant for— 


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1 ‘‘(1) development phase activities, including 

2 planning, feasibility analysis, revenue forecasting, en3 vironmental review, preliminary engineering and de4 sign work, and other preconstruction activities; and 

5 ‘‘(2) construction, reconstruction, rehabilitation, 

6 acquisition of real property (including land related to 

7 the project and improvements to the land), environ8 mental mitigation, construction contingencies, acqui9 sition of equipment, and operational improvements 

10 directly related to improving system performance. 

11 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 

12 select a project described under this section for funding 

13 under this section only if the Secretary determines that the 

14 project— 

15 ‘‘(1) generates significant regional or national 

16 economic, mobility, safety, resilience, or environ17 mental benefits; 

18 ‘‘(2) is cost effective; 

19 ‘‘(3) is based on the results of preliminary engi20 neering; 

21 ‘‘(4) has secured or will secure acceptable levels 

22 of non-Federal financial commitments, including— 

23 ‘‘(A) 1 or more stable and dependable 

24 sources of funding and financing to construct, 

25 maintain, and operate the project; and 


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1 ‘‘(B) contingency amounts to cover unan2 ticipated cost increases; 

3 ‘‘(5) cannot be easily and efficiently completed 

4 without additional Federal funding or financial as5 sistance available to the project sponsor, beyond exist6 ing Federal apportionments; and 

7 ‘‘(6) is reasonably expected to begin construction 

8 not later than 18 months after the date of obligation 

9 of funds for the project. 

10 ‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 

11 ‘‘(1) MERIT CRITERIA.—In awarding a grant 

12 under this section, the Secretary shall evaluate the fol13 lowing merit criteria: 

14 ‘‘(A) The extent to which the project sup15 ports achieving a state of good repair. 

16 ‘‘(B) The level of benefits the project is ex17 pected to generate, including— 

18 ‘‘(i) the costs avoided by the prevention 

19 of closure or reduced use of the asset to be 

20 improved by the project; 

21 ‘‘(ii) reductions in maintenance costs 

22 over the life of the asset; 

23 ‘‘(iii) safety benefits, including the re24 duction of accidents and related costs; 


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1 ‘‘(iv) improved person or freight 

2 throughput, including congestion reduction 

3 and reliability improvements; 

4 ‘‘(v) national and regional economic 

5 benefits; 

6 ‘‘(vi) resilience benefits; 

7 ‘‘(vii) environmental benefits, includ8 ing reduction in greenhouse gas emissions 

9 and air quality benefits; and 

10 ‘‘(viii) benefits to all users of the 

11 project, including pedestrian, bicycle, non12 vehicular, railroad, and public transpor13 tation users. 

14 ‘‘(C) How the benefits compare to the costs 

15 of the project. 

16 ‘‘(D) The average number of people or vol17 ume of freight, as applicable, supported by the 

18 project, including visitors based on travel and 

19 tourism. 

20 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In award21 ing a grant under this section, the Secretary shall 

22 also consider the following: 

23 ‘‘(A) Whether the project serves low-income 

24 residents of low-income communities, including 


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1 areas of persistent poverty, while not displacing 

2 such residents. 

3 ‘‘(B) Whether the project uses innovative 

4 technologies, innovative design and construction 

5 techniques, or pavement materials that dem6 onstrate reductions in greenhouse gas emissions 

7 through sequestration or innovative manufac8 turing processes and, if so, the degree to which 

9 such technologies, techniques, or materials are 

10 used. 

11 ‘‘(C) Whether the project improves 

12 connectivity between modes of transportation 

13 moving people or goods in the Nation or region. 

14 ‘‘(D) Whether the project provides new or 

15 improved connections between at least 2 metro16 politan areas with a population of at least 

17 500,000. 

18 ‘‘(i) PROJECT SELECTION.— 

19 ‘‘(1) EVALUATION.—To evaluate applications for 

20 funding under this section, the Secretary shall— 

21 ‘‘(A) determine whether a project is eligible 

22 for a grant under this section; 

23 ‘‘(B) evaluate, through a methodology that 

24 is discernible and transparent to the public, how 


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1 each application addresses the merit criteria 

2 pursuant to subsection (h); 

3 ‘‘(C) assign a quality rating for each merit 

4 criteria for each application based on the evalua5 tion in subparagraph (B); 

6 ‘‘(D) ensure that applications receive final 

7 consideration by the Secretary to receive an 

8 award under this section only on the basis of 

9 such quality ratings and that the Secretary gives 

10 final consideration only to applications that 

11 meet the minimally acceptable level for each of 

12 the merit criteria; and 

13 ‘‘(E) award grants only to projects rated 

14 highly under the evaluation and rating process. 

15 ‘‘(2) CONSIDERATIONS FOR LARGE PROJECTS.— 

16 In awarding a grant for a large project, the Secretary 

17 shall— 

18 ‘‘(A) consider the amount of funds available 

19 in future fiscal years for the program under this 

20 section; and 

21 ‘‘(B) assume the availability of funds in fu22 ture fiscal years for the program that extend be23 yond the period of authorization based on the 

24 amount made available for the program in the 

25 last fiscal year of the period of authorization. 


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1 ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding 

2 grants under this section, the Secretary shall ensure 

3 geographic diversity and a balance between rural and 

4 urban communities among grant recipients over fiscal 

5 years 2022 through 2025. 

6 ‘‘(4) PUBLICATION OF METHODOLOGY.— 

7 ‘‘(A) IN GENERAL.—Prior to the issuance of 

8 any notice of funding opportunity for grants 

9 under this section, the Secretary shall publish 

10 and make publicly available on the Department’s 

11 website— 

12 ‘‘(i) a detailed explanation of the merit 

13 criteria developed under subsection (h); 

14 ‘‘(ii) a description of the evaluation 

15 process under this subsection; and 

16 ‘‘(iii) how the Secretary shall deter17 mine whether a project satisfies each of the 

18 requirements under subsection (g). 

19 ‘‘(B) UPDATES.—The Secretary shall up20 date and make publicly available on the website 

21 of the Department of Transportation such infor22 mation at any time a revision to the informa23 tion described in subparagraph (A) is made. 

24 ‘‘(C) INFORMATION REQUIRED.—The Sec25 retary shall include in the published notice of 


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1 funding opportunity for a grant under this sec2 tion detailed information on the rating method3 ology and merit criteria to be used to evaluate 

4 applications, or a reference to the information on 

5 the website of the Department of Transportation, 

6 as required by subparagraph (A). 

7 ‘‘(j) FEDERAL SHARE.— 

8 ‘‘(1) IN GENERAL.—The Federal share of the cost 

9 of a project carried out with a grant under this sec10 tion may not exceed 60 percent. 

11 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed12 eral assistance other than a grant under this section 

13 may be used to satisfy the non-Federal share of the 

14 cost of a project for which such a grant is made, ex15 cept that the total Federal assistance provided for a 

16 project receiving a grant under this section may not 

17 exceed 80 percent of the total project cost. 

18 ‘‘(k) TREATMENT OF PROJECTS.— 

19 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

20 shall, with respect to a project funded by a grant 

21 under this section, apply— 

22 ‘‘(A) the requirements of this title to a high23 way project; 

24 ‘‘(B) the requirements of chapter 53 of title 

25 49 to a public transportation project; and 


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1 ‘‘(C) the requirements of section 22905 of 

2 title 49 to a passenger rail or freight rail project. 

3 ‘‘(2) MULTIMODAL PROJECTS.— 

4 ‘‘(A) IN GENERAL.—Except as otherwise 

5 provided in this paragraph, if an eligible project 

6 is a multimodal project, the Secretary shall— 

7 ‘‘(i) determine the predominant modal 

8 component of the project; and 

9 ‘‘(ii) apply the applicable requirements 

10 of such predominant modal component to 

11 the project. 

12 ‘‘(B) EXCEPTIONS.— 

13 ‘‘(i) PASSENGER OR FREIGHT RAIL

14 COMPONENT.—For any passenger or freight 

15 rail component of a project, the require16 ments of section 22907(j)(2) of title 49 shall 

17 apply. 

18 ‘‘(ii) PUBLIC TRANSPORTATION COMPO19 NENT.—For any public transportation com20 ponent of a project, the requirements of sec21 tion 5333 of title 49 shall apply. 

22 ‘‘(C) BUY AMERICA.—In applying the Buy 

23 American requirements under section 313 of this 

24 title and sections 5320, 22905(a), and 24305(f) 


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1 of title 49 to a multimodal project under this 

2 paragraph, the Secretary shall— 

3 ‘‘(i) consider the various modal compo4 nents of the project; and 

5 ‘‘(ii) seek to maximize domestic jobs. 

6 ‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— 

7 Notwithstanding any other provision of this sub8 section, the Secretary shall require recipients of 

9 grants under this section to comply with subsection 

10 (a) of section 113 with respect to public transpor11 tation projects, passenger rail projects, and freight 

12 rail projects, in the same manner that recipients of 

13 grants are required to comply with such subsection 

14 for construction work performed on highway projects 

15 on Federal-aid highways. 

16 ‘‘(l) TIFIA PROGRAM.—At the request of an eligible 

17 entity under this section, the Secretary may use amounts 

18 awarded to the entity to pay subsidy and administrative 

19 costs necessary to provide the entity Federal credit assist20 ance under chapter 6 with respect to the project for which 

21 the grant was awarded. 

22 ‘‘(m) ADMINISTRATION.—Of the amounts made avail23 able to carry out this section, the Secretary may use up 

24 to $5,000,000 for the costs of administering the program 

25 under this section. 


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1 ‘‘(n) TECHNICAL ASSISTANCE.—Of the amounts made 

2 available to carry out this section, the Secretary may re3 serve up to $5,000,000 to provide technical assistance to eli4 gible entities. 

5 ‘‘(o) CONGRESSIONAL REVIEW.— 

6 ‘‘(1) NOTIFICATION.—Not less than 60 days be7 fore making an award under this section, the Sec8 retary shall submit to the Committee on Transpor9 tation and Infrastructure of the House of Representa10 tives and the Committee on Environment and Public 

11 Works, the Committee on Banking, Housing, and 

12 Urban Affairs, and the Committee on Commerce, 

13 Science, and Transportation of the Senate— 

14 ‘‘(A) a list of all applications determined to 

15 be eligible for a grant by the Secretary; 

16 ‘‘(B) the quality ratings assigned to each 

17 application pursuant to subsection (i); 

18 ‘‘(C) a list of applications that received 

19 final consideration by the Secretary to receive an 

20 award under this section; 

21 ‘‘(D) each application proposed to be se22 lected for a grant award; 

23 ‘‘(E) proposed grant amounts, including for 

24 each new multiyear grant agreement, the pro25 posed payout schedule for the project; and 


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1 ‘‘(F) an analysis of the impacts of any 

2 large projects proposed to be selected on existing 

3 commitments and anticipated funding levels for 

4 the next 4 fiscal years, based on information 

5 available to the Secretary at the time of the re6 port. 

7 ‘‘(2) COMMITTEE REVIEW.—Before the last day 

8 of the 60-day period described in paragraph (1), each 

9 Committee described in paragraph (1) shall review 

10 the Secretary’s list of proposed projects. 

11 ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec12 retary may not make a grant or any other obligation 

13 or commitment to fund a project under this section 

14 if a joint resolution is enacted disapproving funding 

15 for the project before the last day of the 60-day period 

16 described in paragraph (1). 

17 ‘‘(p) TRANSPARENCY.— 

18 ‘‘(1) IN GENERAL.—Not later than 30 days after 

19 awarding a grant for a project under this section, the 

20 Secretary shall send to all applicants, and publish on 

21 the website of the Department of Transportation— 

22 ‘‘(A) a summary of each application made 

23 to the program for the grant application period; 

24 and 


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1 ‘‘(B) the evaluation and justification for the 

2 project selection, including ratings assigned to 

3 all applications and a list of applications that 

4 received final consideration by the Secretary to 

5 receive an award under this section, for the 

6 grant application period. 

7 ‘‘(2) BRIEFING.—The Secretary shall provide, at 

8 the request of a grant applicant under this section, 

9 the opportunity to receive a briefing to explain any 

10 reasons the grant applicant was not awarded a grant. 

11 ‘‘(q) DEFINITIONS.—In this section: 

12 ‘‘(1) AREAS OF PERSISTENT POVERTY.—The 

13 term ‘areas of persistent poverty’ has the meaning 

14 given such term in section 172(l). 

15 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti16 ty’ means— 

17 ‘‘(A) a State or a group of States; 

18 ‘‘(B) a unit of local government, including 

19 a metropolitan planning organization, or a 

20 group of local governments; 

21 ‘‘(C) a political subdivision of a State or 

22 local government; 

23 ‘‘(D) a special purpose district or public 

24 authority with a transportation function, includ25 ing a port authority; 


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1 ‘‘(E) a Tribal government or a consortium 

2 of Tribal governments; 

3 ‘‘(F) a Federal agency eligible to receive 

4 funds under section 201, 203, or 204 that applies 

5 jointly with a State or group of States; 

6 ‘‘(G) a territory; and 

7 ‘‘(H) a multistate or multijurisdictional 

8 group of entities described in this paragraph.’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for chapter 

10 1 of title 23, United States Code, is amended by striking 

11 the item relating to section 117 and inserting the following: 

‘‘117. Projects of national and regional significance.’’. 

12 SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT 

13 GRANT PROGRAM. 

14 (a) IN GENERAL.—Chapter 1 of title 23, United States 

15 Code, as amended by this title, is further amended by add16 ing at the end the following: 

17 ‘‘§ 173. Community transportation investment grant 

18 program 

19 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

20 a community transportation investment grant program to 

21 improve surface transportation safety, state of good repair, 

22 accessibility, and environmental quality through infra23 structure investments. 

24 ‘‘(b) GRANT AUTHORITY.— 


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1 ‘‘(1) IN GENERAL.—In carrying out the program 

2 established under subsection (a), the Secretary shall 

3 make grants, on a competitive basis, to eligible enti4 ties in accordance with this section. 

5 ‘‘(2) GRANT AMOUNT.—The maximum amount of 

6 a grant under this section shall be $25,000,000. 

7 ‘‘(c) APPLICATIONS.—To be eligible for a grant under 

8 this section, an eligible entity shall submit to the Secretary 

9 an application in such form, at such time, and containing 

10 such information as the Secretary may require. 

11 ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for 

12 an eligible project carried out under this section may be 

13 used for— 

14 ‘‘(1) development phase activities, including 

15 planning, feasibility analysis, revenue forecasting, en16 vironmental review, preliminary engineering and de17 sign work, and other preconstruction activities; and 

18 ‘‘(2) construction, reconstruction, rehabilitation, 

19 acquisition of real property (including land related to 

20 the project and improvements to such land), environ21 mental mitigation, construction contingencies, acqui22 sition of equipment, and operational improvements. 

23 ‘‘(e) RURAL AND COMMUNITY SETASIDES.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall re25 serve— 


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1 ‘‘(A) not less than 25 percent of the 

2 amounts made available to carry out this section 

3 for projects located in rural areas; and 

4 ‘‘(B) not less than 25 percent of the 

5 amounts made available to carry out this section 

6 for projects located in urbanized areas with a 

7 population greater than 49,999 individuals and 

8 fewer than 200,001 individuals. 

9 ‘‘(2) DEFINITION OF RURAL AREA.—In this sub10 section, the term ‘rural area’ means all areas of a 

11 State or territory not included in urbanized areas. 

12 ‘‘(3) EXCESS FUNDING.—If the Secretary deter13 mines that there are insufficient qualified applicants 

14 to use the funds set aside under this subsection, the 

15 Secretary may use such funds for grants for any 

16 projects eligible under this section. 

17 ‘‘(f) EVALUATION.—To evaluate applications under 

18 this section, the Secretary shall— 

19 ‘‘(1) develop a process to objectively evaluate ap20 plications on the benefits of the project proposed in 

21 such application— 

22 ‘‘(A) to transportation safety, including re23 ductions in traffic fatalities and serious injuries; 

24 ‘‘(B) to state of good repair, including im25 proved condition of bridges and pavements; 


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1 ‘‘(C) to transportation system access, in2 cluding improved access to jobs and services; and 

3 ‘‘(D) in reducing greenhouse gas emissions; 

4 ‘‘(2) develop a rating system to assign a numeric 

5 value to each application, based on each of the cri6 teria described in paragraph (1); 

7 ‘‘(3) for each application submitted, compare the 

8 total benefits of the proposed project, as determined by 

9 the rating system developed under paragraph (2), 

10 with the costs of such project, and rank each applica11 tion based on the results of the comparison; and 

12 ‘‘(4) ensure that only such applications that are 

13 ranked highly based on the results of the comparison 

14 conducted under paragraph (3) are considered to re15 ceive a grant under this section. 

16 ‘‘(g) WEIGHTING.—In establishing the evaluation 

17 process under subsection (f), the Secretary may assign dif18 ferent weights to the criteria described in subsection (f)(1) 

19 based on project type, population served by a project, and 

20 other context-sensitive considerations, provided that— 

21 ‘‘(1) each application is rated on all criteria de22 scribed in subsection (f)(1); and 

23 ‘‘(2) each application has the same possible min24 imum and maximum rating, regardless of any dif25 ferences in the weighting of criteria. 


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1 ‘‘(h) TRANSPARENCY.— 

2 ‘‘(1) PUBLICLY AVAILABLE INFORMATION.—Prior 

3 to the issuance of any notice of funding opportunity 

4 under this section, the Secretary shall make publicly 

5 available on the website of the Department of Trans6 portation a detailed explanation of the evaluation 

7 and rating process developed under subsection (f), in8 cluding any differences in the weighting of criteria 

9 pursuant to subsection (g), if applicable, and update 

10 such website for each revision of the evaluation and 

11 rating process. 

12 ‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec13 retary shall submit to the Committee on Transpor14 tation and Infrastructure of the House of Representa15 tives, the Committee on Environment and Public 

16 Works of the Senate, the Committee on Banking, 

17 Housing, and Urban Affairs of the Senate, and the 

18 Committee on Commerce, Science, and Transpor19 tation of the Senate the following written notifica20 tions: 

21 ‘‘(A) A notification when the Secretary pub22 lishes or updates the information required under 

23 paragraph (1). 


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1 ‘‘(B) Not later than 30 days prior to the 

2 date on which the Secretary awards a grant 

3 under this section, a notification that includes— 

4 ‘‘(i) the ratings of each application 

5 submitted pursuant to subsection (f)(2); 

6 ‘‘(ii) the ranking of each application 

7 submitted pursuant to subsection (f)(3); and 

8 ‘‘(iii) a list of all applications that re9 ceive final consideration by the Secretary to 

10 receive an award under this section pursu11 ant to subsection (f)(4). 

12 ‘‘(C) Not later than 3 business days prior to 

13 the date on which the Secretary announces the 

14 award of a grant under this section, a notifica15 tion describing each grant to be awarded, includ16 ing the amount and the recipient. 

17 ‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts made 

18 available to carry out this section, the Secretary may re19 serve up to $3,000,000 to provide technical assistance to eli20 gible entities. 

21 ‘‘(j) ADMINISTRATION.—Of the amounts made avail22 able to carry out this section, the Secretary may reserve 

23 up to $5,000,000 for the administrative costs of carrying 

24 out the program under this section. 

25 ‘‘(k) TREATMENT OF PROJECTS.— 


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1 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

2 shall, with respect to a project funded by a grant 

3 under this section, apply— 

4 ‘‘(A) the requirements of this title to a high5 way project; 

6 ‘‘(B) the requirements of chapter 53 of title 

7 49 to a public transportation project; and 

8 ‘‘(C) the requirements of section 22905 of 

9 title 49 to a passenger rail or freight rail project. 

10 ‘‘(2) MULTIMODAL PROJECTS.— 

11 ‘‘(A) IN GENERAL.—Except as otherwise 

12 provided in this paragraph, if an eligible project 

13 is a multimodal project, the Secretary shall— 

14 ‘‘(i) determine the predominant modal 

15 component of the project; and 

16 ‘‘(ii) apply the applicable requirements 

17 of such predominant modal component to 

18 the project. 

19 ‘‘(B) EXCEPTIONS.— 

20 ‘‘(i) PASSENGER OR FREIGHT RAIL

21 COMPONENT.—For any passenger or freight 

22 rail component of a project, the require23 ments of section 22907(j)(2) of title 49 shall 

24 apply. 


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1 ‘‘(ii) PUBLIC TRANSPORTATION COMPO2 NENT.—For any public transportation com3 ponent of a project, the requirements of sec4 tion 5333 of title 49 shall apply. 

5 ‘‘(C) BUY AMERICA.—In applying the Buy 

6 American requirements under section 313 of this 

7 title and sections 5320, 22905(a), and 24305(f) 

8 of title 49 to a multimodal project under this 

9 paragraph, the Secretary shall— 

10 ‘‘(i) consider the various modal compo11 nents of the project; and 

12 ‘‘(ii) seek to maximize domestic jobs. 

13 ‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— 

14 Notwithstanding any other provision of this sub15 section, the Secretary shall require recipients of 

16 grants under this section to comply with subsection 

17 (a) of section 113 with respect to public transpor18 tation projects, passenger rail projects, and freight 

19 rail projects, in the same manner that recipients of 

20 grants are required to comply with such subsection 

21 for construction work performed on highway projects 

22 on Federal-aid highways. 

23 ‘‘(l) TRANSPARENCY.— 

24 ‘‘(1) IN GENERAL.—Not later than 30 days after 

25 awarding a grant for a project under this section, the 


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1 Secretary shall send to all applicants, and publish on 

2 the website of the Department of Transportation— 

3 ‘‘(A) a summary of each application made 

4 to the program for the grant application period; 

5 and 

6 ‘‘(B) the evaluation and justification for the 

7 project selection, including ratings and rankings 

8 assigned to all applications and a list of appli9 cations that received final consideration by the 

10 Secretary to receive an award under this section, 

11 for the grant application period. 

12 ‘‘(2) BRIEFING.—The Secretary shall provide, at 

13 the request of a grant applicant under this section, 

14 the opportunity to receive a briefing to explain any 

15 reasons the grant applicant was not awarded a grant. 

16 ‘‘(m) DEFINITIONS.—In this section: 

17 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti18 ty’ means— 

19 ‘‘(A) a metropolitan planning organization; 

20 ‘‘(B) a unit of local government; 

21 ‘‘(C) a transit agency; 

22 ‘‘(D) a Tribal Government or a consortium 

23 of Tribal governments; 

24 ‘‘(E) a multijurisdictional group of entities 

25 described in this paragraph; 


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1 ‘‘(F) a special purpose district with a 

2 transportation function or a port authority; 

3 ‘‘(G) a territory; or 

4 ‘‘(H) a State that applies for a grant under 

5 this section jointly with an entity described in 

6 subparagraphs (A) through (G). 

7 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible 

8 project’ means any project eligible under this title or 

9 chapter 53 of title 49.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chapter 

11 1 of title 23, United States Code, is further amended by 

12 adding at the end the following new item: 

‘‘173. Community transportation investment grant program.’’. 

13 SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRA14 STRUCTURE TO MODERNIZE AND RECON15 NECT AMERICA FOR THE 21ST CENTURY. 

16 (a) PURPOSE.—The purpose of this section is to estab17 lish a grant program to strategically deploy electric vehicle 

18 charging infrastructure, natural gas fueling, propane fuel19 ing, and hydrogen fueling infrastructure along designated 

20 alternative fuel corridors that will be accessible to all driv21 ers of electric vehicles, natural gas vehicles, propane vehi22 cles, and hydrogen vehicles. 

23 (b) GRANT PROGRAM.—Section 151 of title 23, United 

24 States Code, is amended— 


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1 (1) in subsection (a) by striking ‘‘Not later than 

2 1 year after the date of enactment of the FAST Act, 

3 the Secretary shall’’ and inserting ‘‘The Secretary 

4 shall periodically’’; 

5 (2) in subsection (b)(2) by inserting ‘‘previously 

6 designated by the Federal Highway Administration 

7 or’’ after ‘‘fueling corridors’’; 

8 (3) in subsection (d)— 

9 (A) by striking ‘‘5 years after the date of es10 tablishment of the corridors under subsection (a), 

11 and every 5 years thereafter’’ and inserting ‘‘180 

12 days after the date of enactment of the INVEST 

13 in America Act’’; and 

14 (B) by inserting ‘‘establish a recurring 

15 process to regularly’’ after ‘‘the Secretary shall’’; 

16 (4) in subsection (e)— 

17 (A) in paragraph (1) by striking ‘‘; and’’ 

18 and inserting a semicolon; 

19 (B) in paragraph (2)— 

20 (i) by striking ‘‘establishes an aspira21 tional goal of achieving’’ and inserting ‘‘de22 scribes efforts to achieve’’; and 

23 (ii) by striking ‘‘by the end of fiscal 

24 year 2020.’’ and inserting a semicolon; and 

25 (C) by adding at the end the following: 


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1 ‘‘(3) summarizes best practices and provides 

2 guidance, developed through consultation with the 

3 Secretary of Energy, for project development of elec4 tric vehicle charging infrastructure, hydrogen fueling 

5 infrastructure, and natural gas fueling infrastructure 

6 at the State, tribal, and local level to allow for the 

7 predictable deployment of such infrastructure; and 

8 ‘‘(4) summarizes the progress and implementa9 tion of the grant program under subsection (f), in10 cluding— 

11 ‘‘(A) a description of how funds awarded 

12 through the grant program under subsection (f) 

13 will aid efforts to achieve strategic deployment of 

14 electric vehicle charging infrastructure, natural 

15 gas fueling, propane fueling, and hydrogen fuel16 ing infrastructure in those corridors; 

17 ‘‘(B) the total number and location of 

18 charging and fueling stations installed under 

19 subsection (f); and 

20 ‘‘(C) the total estimated greenhouse gas 

21 emissions that have been reduced through the use 

22 of electric vehicle charging, natural gas fueling, 

23 propane fueling, or hydrogen fueling infrastruc24 ture funded under subsection (f) using the meth25 odology identified in paragraph (3)(B).’’; and 


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1 (5) by adding at the end the following: 

2 ‘‘(f) ELECTRIC VEHICLE CHARGING, NATURAL GAS

3 FUELING, PROPANE FUELING, AND HYDROGEN FUELING

4 INFRASTRUCTURE GRANTS.— 

5 ‘‘(1) ESTABLISHMENT.—Not later than 1 year 

6 after the date of enactment of the INVEST in Amer7 ica Act, the Secretary shall establish a grant program 

8 to award grants to eligible entities for electric vehicle 

9 charging, natural gas fueling, propane fueling, and 

10 hydrogen fueling infrastructure projects. 

11 ‘‘(2) ELIGIBLE ENTITY.—An entity eligible to re12 ceive a grant under this subsection is— 

13 ‘‘(A) a State (as such term is defined in sec14 tion 401) or political subdivision of a State; 

15 ‘‘(B) a metropolitan planning organization; 

16 ‘‘(C) a unit of local government; 

17 ‘‘(D) a special purpose district or public 

18 authority with a transportation function, includ19 ing a port authority; 

20 ‘‘(E) a Tribal government; 

21 ‘‘(F) an authority, agency, or instrumen22 tality of, or an entity owned by, 1 or more of the 

23 entities described in subparagraphs (A) through 

24 (E); or 


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1 ‘‘(G) a group of entities described in sub2 paragraphs (A) through (F). 

3 ‘‘(3) APPLICATION.—To be eligible to receive a 

4 grant under this subsection, an eligible entity shall 

5 submit to the Secretary an application at such time, 

6 in such manner, and containing such information as 

7 the Secretary shall require, including— 

8 ‘‘(A) a description of— 

9 ‘‘(i) the public accessibility of the 

10 charging or fueling infrastructure proposed 

11 to be funded with a grant under this sub12 section, including— 

13 ‘‘(I) charging or fueling connector 

14 types; 

15 ‘‘(II) publicly available informa16 tion on real-time availability; and 

17 ‘‘(III) payment methods available 

18 to all members of the public to ensure 

19 secure, convenient, fair, and equal ac20 cess and not limited by membership to 

21 a particular provider; 

22 ‘‘(ii) collaborative engagement with the 

23 entity with jurisdiction over the roadway 

24 and any other relevant stakeholders (includ25 ing automobile manufacturers, utilities, inVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 frastructure providers, technology providers, 

2 electric charging, natural gas, propane, and 

3 hydrogen fuel providers, metropolitan plan4 ning organizations, States, Indian Tribes, 

5 units of local government, fleet owners, fleet 

6 managers, fuel station owners and opera7 tors, labor organizations, infrastructure 

8 construction and component parts sup9 pliers, and multistate and regional enti10 ties)— 

11 ‘‘(I) to foster enhanced, coordi12 nated, public-private or private invest13 ment in electric vehicle charging, nat14 ural gas fueling, propane fueling, and 

15 hydrogen fueling infrastructure; 

16 ‘‘(II) to expand deployment of 

17 electric vehicle charging, natural gas 

18 fueling, propane fueling, or hydrogen 

19 fueling infrastructure; 

20 ‘‘(III) to protect personal privacy 

21 and ensure cybersecurity; and 

22 ‘‘(IV) to ensure that a properly 

23 trained workforce is available to con24 struct and install electric vehicle chargVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 ing, natural gas fueling, propane fuel2 ing, or hydrogen fueling infrastructure; 

3 ‘‘(iii) the location of the station or 

4 fueling site, including consideration of— 

5 ‘‘(I) the availability of onsite 

6 amenities for vehicle operators, includ7 ing restrooms or food facilities; 

8 ‘‘(II) access in compliance with 

9 the Americans with Disabilities Act of 

10 1990 (42 U.S.C. 12101 et seq.); 

11 ‘‘(III) height and fueling capacity 

12 requirements for facilities that charge 

13 or refuel large vehicles, including 

14 semitrailer trucks; and 

15 ‘‘(IV) appropriate distribution to 

16 avoid redundancy and fill charging or 

17 fueling gaps; 

18 ‘‘(iv) infrastructure installation that 

19 can be responsive to technology advance20 ments, including accommodating autono21 mous vehicles and future charging methods; 

22 ‘‘(v) the long-term operation and 

23 maintenance of the electric vehicle charging 

24 or hydrogen fueling infrastructure to avoid 


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1 stranded assets and protect the investment 

2 of public funds in such infrastructure; and 

3 ‘‘(vi) in the case of an applicant that 

4 is not a State department of transportation, 

5 the degree of coordination with the applica6 ble State department of transportation; and 

7 ‘‘(B) an assessment of the estimated green8 house gas emissions and air pollution from vehi9 cle emissions that will be reduced through the use 

10 of electric vehicle charging, natural gas fueling, 

11 propane fueling, or hydrogen fueling infrastruc12 ture, which shall be conducted using one stand13 ardized methodology or tool as determined by the 

14 Secretary. 

15 ‘‘(4) CONSIDERATIONS.—In selecting eligible en16 tities to receive a grant under this subsection, the Sec17 retary shall— 

18 ‘‘(A) consider the extent to which the appli19 cation of the eligible entity would— 

20 ‘‘(i) reduce estimated greenhouse gas 

21 emissions and air pollution from vehicle 

22 emissions, weighted by the total Federal in23 vestment in the project; 

24 ‘‘(ii) improve alternative fueling cor25 ridor networks by— 


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1 ‘‘(I) converting corridor-pending 

2 corridors to corridor-ready corridors; 

3 or 

4 ‘‘(II) in the case of corridor-ready 

5 corridors, providing additional capac6 ity— 

7 ‘‘(aa) to meet excess demand 

8 for charging or fueling infrastruc9 ture; or 

10 ‘‘(bb) to reduce congestion at 

11 existing charging or fueling infra12 structure in high-traffic locations; 

13 ‘‘(iii) meet current or anticipated mar14 ket demands for charging or fueling infra15 structure; 

16 ‘‘(iv) enable or accelerate the construc17 tion of charging or fueling infrastructure 

18 that would be unlikely to be completed with19 out Federal assistance; 

20 ‘‘(v) support a long-term competitive 

21 market for electric vehicle charging infra22 structure, natural gas fueling, propane fuel23 ing, or hydrogen fueling infrastructure that 

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1 tric vehicle charging or hydrogen fueling in2 frastructure providers; and 

3 ‘‘(vi) reducing greenhouse gas emis4 sions in established goods-movement cor5 ridors, locations serving first- and last-mile 

6 freight near ports and freight hubs, and lo7 cations that optimize infrastructure net8 works and reduce hazardous air pollutants 

9 in communities disproportionately im10 pacted by such pollutants; and 

11 ‘‘(B) ensure, to the maximum extent prac12 ticable, geographic diversity among grant recipi13 ents to ensure that electric vehicle charging in14 frastructure or hydrogen fueling infrastructure is 

15 available throughout the United States. 

16 ‘‘(5) USE OF FUNDS.— 

17 ‘‘(A) IN GENERAL.—Any grant made under 

18 this subsection shall be— 

19 ‘‘(i) directly related to the charging or 

20 fueling of a vehicle; and 

21 ‘‘(ii) only for charging or fueling in22 frastructure that is open to the general pub23 lic. 

24 ‘‘(B) LOCATION OF INFRASTRUCTURE.— 


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1 ‘‘(i) IN GENERAL.—Any electric vehicle 

2 charging, natural gas fueling, propane fuel3 ing, or hydrogen fueling infrastructure ac4 quired and installed with a grant under 

5 this subsection shall be located along an al6 ternative fuel corridor designated under this 

7 section or by a State or group of States. 

8 ‘‘(ii) EXCEPTION.—Notwithstanding 

9 clause (i), the Secretary may make a grant 

10 for electric vehicle charging or hydrogen 

11 fueling infrastructure not on a designated 

12 alternative fuel corridor if the applicant 

13 demonstrates that the proposed charging or 

14 fueling infrastructure would expand deploy15 ment of electric vehicle charging or hydro16 gen fueling to a greater number of users 

17 than investments on such corridor. 

18 ‘‘(C) OPERATING ASSISTANCE.— 

19 ‘‘(i) IN GENERAL.—Subject to clauses 

20 (ii) and (iii), an eligible entity that receives 

21 a grant under this subsection may use a 

22 portion of the funds for operating assistance 

23 for the first 5 years of operations after the 

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1 gen fueling infrastructure while the facility 

2 transitions to independent system oper3 ations. 

4 ‘‘(ii) INCLUSION.—Operating assist5 ance under this subparagraph shall be lim6 ited to costs allocable to operating and 

7 maintaining the electric vehicle charging, 

8 natural gas fueling, propane fueling, or hy9 drogen fueling infrastructure and service. 

10 ‘‘(iii) LIMITATION.—Operating assist11 ance under this subparagraph may not ex12 ceed the amount of a contract under sub13 paragraph (A) to acquire and install elec14 tric vehicle charging, natural gas fueling, 

15 propane fueling, or hydrogen fueling infra16 structure. 

17 ‘‘(D) SIGNS.— 

18 ‘‘(i) IN GENERAL.—Subject to this 

19 paragraph and paragraph (6)(B), an eligi20 ble entity that receives a grant under this 

21 subsection may use a portion of the funds to 

22 acquire and install— 

23 ‘‘(I) traffic control devices located 

24 in the right-of-way to provide direc25 tional information to electric vehicle 


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1 charging, natural gas fueling, propane 

2 fueling, or hydrogen fueling infrastruc3 ture acquired, installed, or operated 

4 with the grant under this subsection; 

5 and 

6 ‘‘(II) on-premises signs to provide 

7 information about electric vehicle 

8 charging, natural gas fueling, propane 

9 fueling, or hydrogen fueling infrastruc10 ture acquired, installed, or operated 

11 with a grant under this subsection. 

12 ‘‘(ii) REQUIREMENT.—Any traffic con13 trol device or on-premises sign acquired, in14 stalled, or operated with a grant under this 

15 subsection shall comply with the Manual on 

16 Uniform Traffic Control Devices, if located 

17 in the highway right-of-way. 

18 ‘‘(E) REVENUE.—An eligible entity receiv19 ing a grant under this subsection and a private 

20 entity referred to in subparagraph (F) may enter 

21 into a cost-sharing agreement under which the 

22 private entity submits to the eligible entity a 

23 portion of the revenue from the electric vehicle 

24 charging, natural gas fueling, propane fueling, 

25 or hydrogen fueling infrastructure. 


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1 ‘‘(F) PRIVATE ENTITY.— 

2 ‘‘(i) IN GENERAL.—An eligible entity 

3 receiving a grant under this subsection may 

4 use the funds in accordance with this para5 graph to contract with a private entity for 

6 installation, operation, or maintenance of 

7 electric vehicle charging, natural gas fuel8 ing, propane fueling, or hydrogen fueling 

9 infrastructure. 

10 ‘‘(ii) INCLUSION.—An eligible private 

11 entity includes privately, publicly, or coop12 eratively owned utilities, private electric ve13 hicle service equipment and hydrogen fuel14 ing infrastructure providers, and retail fuel 

15 stations. 

16 ‘‘(6) PROJECT REQUIREMENTS.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding any 

18 other provision of law, any project funded by a 

19 grant under this subsection shall be treated as a 

20 project on a Federal-aid highway. 

21 ‘‘(B) ELECTRIC VEHICLE CHARGING

22 PROJECTS.—A project for electric vehicle charg23 ing infrastructure funded by a grant under this 

24 subsection shall be subject to the requirements of 

25 section 155. 


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1 ‘‘(7) FEDERAL SHARE.—The Federal share of the 

2 cost of a project carried out with a grant under this 

3 subsection shall not exceed 80 percent of the total 

4 project cost. 

5 ‘‘(8) CERTIFICATION.—The Secretary of Com6 merce shall certify that no projects carried out under 

7 this subsection use minerals sourced or processed with 

8 child labor, as such term is defined in Article 3 of the 

9 International Labor Organization Convention con10 cerning the prohibition and immediate action for the 

11 elimination of the worst forms of child labor (Decem12 ber 2, 2000), or in violation of human rights.’’. 

13 SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 

14 (a) IN GENERAL.—Chapter 1 of title 23, United States 

15 Code, as amended by this title, is further amended by in16 serting after section 171 the following: 

17 ‘‘§ 172. Community climate innovation grants 

18 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

19 a community climate innovation grant program (in this 

20 section referred to as the ‘Program’) to make grants, on a 

21 competitive basis, for locally selected projects that reduce 

22 greenhouse gas emissions while improving the mobility, ac23 cessibility, and connectivity of the surface transportation 

24 system. 


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1 ‘‘(b) PURPOSE.—The purpose of the Program shall be 

2 to support communities in reducing greenhouse gas emis3 sions from the surface transportation system. 

4 ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may 

5 make grants under the Program to the following entities: 

6 ‘‘(1) A metropolitan planning organization. 

7 ‘‘(2) A unit of local government or a group of 

8 local governments, or a county or multi-county spe9 cial district. 

10 ‘‘(3) A subdivision of a local government. 

11 ‘‘(4) A transit agency. 

12 ‘‘(5) A special purpose district with a transpor13 tation function or a port authority. 

14 ‘‘(6) A Tribal government or a consortium of 

15 tribal governments. 

16 ‘‘(7) A territory. 

17 ‘‘(8) A multijurisdictional group of entities de18 scribed in paragraphs (1) through (7). 

19 ‘‘(d) APPLICATIONS.—To be eligible for a grant under 

20 the Program, an entity specified in subsection (c) shall sub21 mit to the Secretary an application in such form, at such 

22 time, and containing such information as the Secretary de23 termines appropriate. 

24 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 

25 provide a grant under the Program for a project that is 


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1 expected to yield a significant reduction in greenhouse gas 

2 emissions from the surface transportation system and— 

3 ‘‘(1) is a project eligible for assistance under this 

4 title or under chapter 53 of title 49 or supports fuel5 ing infrastructure for fuels defined under section 

6 9001(5) of the Farm Security and Rural Investment 

7 Act of 2002 (7 U.S.C. 8101(5)); or 

8 ‘‘(2) is a capital project as defined in section 

9 22906 of title 49 to improve intercity passenger rail 

10 that will yield a significant reduction in single occu11 pant vehicle trips and improve mobility on public 

12 roads. 

13 ‘‘(f) ELIGIBLE USES.—Grant amounts received for a 

14 project under the Program may be used for— 

15 ‘‘(1) development phase activities, including 

16 planning, feasibility analysis, revenue forecasting, en17 vironmental review, preliminary engineering and de18 sign work, and other preconstruction activities; and 

19 ‘‘(2) construction, reconstruction, rehabilitation, 

20 acquisition of real property (including land related to 

21 the project and improvements to the land), environ22 mental mitigation, construction contingencies, acqui23 sition of equipment, and operational improvements. 

24 ‘‘(g) PROJECT PRIORITIZATION.—In making grants 

25 for projects under the Program, the Secretary shall give priVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 ority to projects that are expected to yield the most signifi2 cant reductions in greenhouse gas emissions from the sur3 face transportation system. 

4 ‘‘(h) ADDITIONAL CONSIDERATIONS.—In making 

5 grants for projects under the Program, the Secretary shall 

6 consider the extent to which— 

7 ‘‘(1) a project maximizes greenhouse gas reduc8 tions in a cost-effective manner; 

9 ‘‘(2) a project reduces dependence on single-occu10 pant vehicle trips or provides additional transpor11 tation options; 

12 ‘‘(3) a project improves the connectivity and ac13 cessibility of the surface transportation system, par14 ticularly to low- and zero-emission forms of transpor15 tation, including public transportation, walking, and 

16 bicycling; 

17 ‘‘(4) an applicant has adequately considered or 

18 will adequately consider, including through the oppor19 tunity for public comment, the environmental justice 

20 and equity impacts of the project; 

21 ‘‘(5) a project contributes to geographic diversity 

22 among grant recipients, including to achieve a bal23 ance between urban, suburban, and rural commu24 nities; 


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1 ‘‘(6) a project serves low-income residents of low2 income communities, including areas of persistent 

3 poverty, while not displacing such residents; 

4 ‘‘(7) a project uses pavement materials that dem5 onstrate reductions in greenhouse gas emissions 

6 through sequestration or innovative manufacturing 

7 processes; 

8 ‘‘(8) a project repurposes neglected or underused 

9 infrastructure, including abandoned highways, 

10 bridges, railways, trail ways, and adjacent underused 

11 spaces, into new hybrid forms of public space that 

12 support multiple modes of transportation; and 

13 ‘‘(9) a project includes regional multimodal 

14 transportation system management and operations 

15 elements that will improve the effectiveness of such 

16 project and encourage reduction of single occupancy 

17 trips by providing the ability of users to plan, use, 

18 and pay for multimodal transportation alternatives. 

19 ‘‘(i) FUNDING.— 

20 ‘‘(1) MAXIMUM AMOUNT.—The maximum 

21 amount of a grant under the Program shall be 

22 $25,000,000. 

23 ‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 

24 made available to carry out the Program, the SecVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 retary may use up to 1 percent to provide technical 

2 assistance to applicants and potential applicants. 

3 ‘‘(j) TREATMENT OF PROJECTS.— 

4 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

5 shall, with respect to a project funded by a grant 

6 under this section, apply— 

7 ‘‘(A) the requirements of this title to a high8 way project; 

9 ‘‘(B) the requirements of chapter 53 of title 

10 49 to a public transportation project; and 

11 ‘‘(C) the requirements of section 22905 of 

12 title 49 to a passenger rail or freight rail project. 

13 ‘‘(2) MULTIMODAL PROJECTS.— 

14 ‘‘(A) IN GENERAL.—Except as otherwise 

15 provided in this paragraph, if an eligible project 

16 is a multimodal project, the Secretary shall— 

17 ‘‘(i) determine the predominant modal 

18 component of the project; and 

19 ‘‘(ii) apply the applicable requirements 

20 of such predominant modal component to 

21 the project. 

22 ‘‘(B) EXCEPTIONS.— 

23 ‘‘(i) PASSENGER OR FREIGHT RAIL

24 COMPONENT.—For any passenger or freight 

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1 ments of section 22907(j)(2) of title 49 shall 

2 apply. 

3 ‘‘(ii) PUBLIC TRANSPORTATION COMPO4 NENT.—For any public transportation com5 ponent of a project, the requirements of sec6 tion 5333 of title 49 shall apply. 

7 ‘‘(C) BUY AMERICA.—In applying the Buy 

8 American requirements under section 313 of this 

9 title and sections 5320, 22905(a), and 24305(f) 

10 of title 49 to a multimodal project under this 

11 paragraph, the Secretary shall— 

12 ‘‘(i) consider the various modal compo13 nents of the project; and 

14 ‘‘(ii) seek to maximize domestic jobs. 

15 ‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— 

16 Notwithstanding any other provision of this sub17 section, the Secretary shall require recipients of 

18 grants under this section to comply with subsection 

19 (a) of section 113 with respect to public transpor20 tation projects, passenger rail projects, and freight 

21 rail projects, in the same manner that recipients of 

22 grants are required to comply with such subsection 

23 for construction work performed on highway projects 

24 on Federal-aid highways. 


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1 ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FACILI2 TIES.—None of the funds provided under this section may 

3 be used for a project that will result in the construction 

4 of new capacity available to single occupant vehicles unless 

5 the project consists of a high-occupancy vehicle facility and 

6 is consistent with section 166. 

7 ‘‘(l) DEFINITION OF AREAS OF PERSISTENT POV8 ERTY.—In this section, the term ‘areas of persistent poverty’ 

9 means— 

10 ‘‘(1) any county that has had 20 percent or more 

11 of the population of such county living in poverty 

12 over the past 30 years, as measured by the 1990 and 

13 2000 decennial censuses and the most recent Small 

14 Area Income and Poverty Estimates; 

15 ‘‘(2) any census tract with a poverty rate of at 

16 least 20 percent, as measured by the most recent 5- 

17 year data series available from the American Commu18 nity Survey of the Bureau of the Census for all States 

19 and Puerto Rico; or 

20 ‘‘(3) any other territory or possession of the 

21 United States that has had 20 percent or more of its 

22 population living in poverty over the past 30 years, 

23 as measured by the 1990, 2000, and 2010 island 

24 areas decennial censuses, or equivalent data, of the 

25 Bureau of the Census.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 1 of title 23, United States Code, is amended by inserting 

3 after the item relating to section 171 the following: 

‘‘172. Community climate innovation grants.’’. 

4 SEC. 1305. METRO PERFORMANCE PROGRAM. 

5 (a) ESTABLISHMENT.—The Secretary of Transpor6 tation shall directly allocate funds in accordance with this 

7 section to enhance local decision making and control in de8 livering projects to address local transportation needs. 

9 (b) DESIGNATION.— 

10 (1) IN GENERAL.—The Secretary shall designate 

11 direct recipients based on the criteria in paragraph 

12 (3) to be direct recipients of funds under this section. 

13 (2) RESPONSIBILITIES.—A direct recipient shall 

14 be responsible for compliance with any requirements 

15 related to the use of Federal funds vested in a State 

16 department of transportation under chapter 1 of title 

17 23, United States Code. 

18 (3) CRITERIA.—In designating an applicant 

19 under this subsection, the Secretary shall consider— 

20 (A) the legal, financial, and technical ca21 pacity of the applicant; 

22 (B) the level of coordination between the ap23 plicant and— 

24 (i) the State department of transpor25 tation of the State or States in which the 


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1 metropolitan planning area represented by 

2 the applicant is located; 

3 (ii) local governments and providers of 

4 public transportation within the metropoli5 tan planning area represented by the appli6 cant; and 

7 (iii) if more than 1 metropolitan plan8 ning organization is designated within an 

9 urbanized area represented by the appli10 cant, any other such metropolitan planning 

11 organization; 

12 (C) in the case of an applicant that rep13 resents an urbanized area population of greater 

14 than 200,000, the effectiveness of project delivery 

15 and timely obligation of funds made available 

16 under section 133(d)(1)(A)(i) of title 23, United 

17 States Code; 

18 (D) if the applicant or a local government 

19 within the metropolitan planning area that the 

20 applicant represents has been the recipient of a 

21 discretionary grant from the Secretary within 

22 the preceding 5 years, the administration of such 

23 grant; 

24 (E) the extent to which the planning and 

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1 ing the long-range transportation plan and the 

2 approved transportation improvement program 

3 under section 134 of such title, support— 

4 (i) the performance goals established 

5 under section 150(b) of such title; and 

6 (ii) the achievement of metropolitan or 

7 statewide performance targets established 

8 under section 150(d) of such title; 

9 (F) whether the applicant is a designated 

10 recipient of funds from the Federal Transit Ad11 ministration as described under subsections (A) 

12 and (B) of section 5302(4) of title 49, United 

13 States Code; and 

14 (G) any other criteria established by the 

15 Secretary. 

16 (4) REQUIREMENTS.— 

17 (A) CALL FOR NOMINATION.—Not later than 

18 February 1, 2022, the Secretary shall publish in 

19 the Federal Register a notice soliciting applica20 tions for designation under this subsection. 

21 (B) GUIDANCE.—The notification under 

22 paragraph (1) shall include guidance on the re23 quirements and responsibilities of a direct re24 cipient under this section, including imple25 menting regulations. 


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1 (C) DETERMINATION.—The Secretary shall 

2 make all designations under this section for fis3 cal year 2023 not later than June 1, 2022. 

4 (5) TERM.—Except as provided in paragraph 

5 (6), a designation under this subsection shall— 

6 (A) be for a period of not less than 5 years; 

7 and 

8 (B) be renewable. 

9 (6) TERMINATION.— 

10 (A) IN GENERAL.—The Secretary shall es11 tablish procedures for the termination of a des12 ignation under this subsection. 

13 (B) CONSIDERATIONS.—In establishing pro14 cedures under subparagraph (A), the Secretary 

15 shall consider— 

16 (i) with respect to projects carried out 

17 under this section, compliance with the re18 quirements of title 23, United States Code, 

19 or chapter 53 of title 49, United States 

20 Code; and 

21 (ii) the obligation rate of any funds— 

22 (I) made available under this sec23 tion; and 

24 (II) in the case of a metropolitan 

25 planning organization that represents 


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1 a metropolitan planning area with an 

2 urbanized area population of greater 

3 than 200,000, made available under 

4 section 133(d)(1)(A)(i) of title 23, 

5 United States Code. 

6 (c) USE OF FUNDS.— 

7 (1) ELIGIBLE PROJECTS.—Funds made available 

8 under this section may be obligated for the purposes 

9 described in section 133(b) of title 23, United States 

10 Code. 

11 (2) ADMINISTRATIVE EXPENSES AND TECHNICAL

12 ASSISTANCE.—Of the amounts made available under 

13 this section, the Secretary may set aside not more 

14 than $5,000,000 for program management, oversight, 

15 and technical assistance to direct recipients. 

16 (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 

17 (1) DIRECT AVAILABILITY OF FUNDS.—Notwith18 standing title 23, United States Code, the amounts 

19 made available under this section shall be allocated to 

20 each direct recipient for obligation. 

21 (2) PROJECT DELIVERY.— 

22 (A) IN GENERAL.—The direct recipient may 

23 collaborate with a State, unit of local govern24 ment, regional entity, or transit agency to carry 


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1 out a project under this section and ensure com2 pliance with all applicable Federal requirements. 

3 (B) STATE AUTHORITY.—The State may ex4 ercise, on behalf of the direct recipient, any 

5 available decisionmaking authorities or actions 

6 assumed from the Secretary. 

7 (C) USE OF FUNDS.—The direct recipient 

8 may use amounts made available under this sec9 tion to compensate a State, unit of local govern10 ment, regional entity, or transit agency for costs 

11 incurred in providing assistance under this 

12 paragraph. 

13 (3) DISTRIBUTION OF AMOUNTS AMONG DIRECT

14 RECIPIENTS.— 

15 (A) IN GENERAL.—Subject to subparagraph 

16 (B), on the first day of the fiscal year for which 

17 funds are made available under this section, the 

18 Secretary shall allocate such funds to each direct 

19 recipient as the proportion of the population (as 

20 determined by data collected by the Bureau of 

21 the Census) of the urbanized area represented by 

22 any 1 direct recipient bears to the total popu23 lation of all of urbanized areas represented by all 

24 direct recipients. 


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1 (B) MINIMUM AND MAXIMUM AMOUNTS.—Of 

2 funds allocated to direct recipients under sub3 paragraph (A), each direct recipient shall receive 

4 not less than $10,000,000 and not more than 

5 $50,000,000 each fiscal year. 

6 (C) MINIMUM GUARANTEED AMOUNT.—In 

7 making a determination whether to designate a 

8 metropolitan planning organization as a direct 

9 recipient under subsection (b), the Secretary 

10 shall ensure that each direct recipient receives 

11 the minimum required allocation under subpara12 graph (B). 

13 (D) ADDITIONAL AMOUNTS.—If any 

14 amounts remain undistributed after the distribu15 tion described in this subsection, such remaining 

16 amounts and an associated amount of obligation 

17 limitation shall be made available as if suballo18 cated under clauses (i) and (ii) of section 

19 133(d)(1)(A) of title 23, United States Code, and 

20 distributed among the States in the proportion 

21 that the relative shares of the population (as de22 termined by data collected by the Bureau of the 

23 Census) of the urbanized areas of each State 

24 bears to the total populations of all urbanized 

25 areas across all States. 


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1 (4) ASSUMPTION OF RESPONSIBILITY OF THE

2 SECRETARY.— 

3 (A) IN GENERAL.—For projects carried out 

4 with funds provided under this section, the direct 

5 recipient may assume the responsibilities of the 

6 Secretary under section 106 of title 23, United 

7 States Code, for design, plans, specifications, es8 timates, contract awards, and inspections with 

9 respect to the projects unless the Secretary deter10 mines that the assumption is not appropriate. 

11 (B) AGREEMENT.—The Secretary and the 

12 direct recipient shall enter into an agreement re13 lating to the extent to which the direct recipient 

14 assumes the responsibilities of the Secretary 

15 under this paragraph. 

16 (C) LIMITATIONS.—The Secretary shall re17 tain responsibilities described in subparagraph 

18 (A) for any project that the Secretary determines 

19 to be in a high-risk category, including projects 

20 on the National Highway System. 

21 (e) EXPENDITURE OF FUNDS.— 

22 (1) CONSISTENCY WITH METROPOLITAN PLAN23 NING.—Except as otherwise provided in this section, 

24 programming and expenditure of funds for projects 

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1 ments of section 134 of title 23, United States Code, 

2 and section 5303 of title 49, United States Code. 

3 (2) SELECTION OF PROJECTS.— 

4 (A) IN GENERAL.—Notwithstanding sub5 sections (j)(5) and (k)(4) of section 134 of title 

6 23, United States Code, or subsections (j)(5) and 

7 (k)(4) of section 5303 of title 49, United States 

8 Code, a direct recipient shall select, from the ap9 proved transportation improvement program 

10 under such sections, all projects to be funded 

11 under this section, including projects on the Na12 tional Highway System. 

13 (B) ELIGIBLE PROJECTS.—The project se14 lection process described in this subsection shall 

15 apply to all federally funded projects within the 

16 boundaries of a metropolitan planning area 

17 served by a direct recipient that are carried out 

18 under this section. 

19 (C) CONSULTATION REQUIRED.—In select20 ing a project under this subsection, the metro21 politan planning organization shall consult 

22 with— 

23 (i) in the case of a highway project, the 

24 State and locality in which such project is 

25 located; and 


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1 (ii) in the case of a transit project, any 

2 affected public transportation operator. 

3 (3) RULE OF CONSTRUCTION.—Nothing in this 

4 section shall be construed to limit the ability of a di5 rect recipient to partner with a State department of 

6 transportation or other recipient of Federal funds 

7 under title 23, United States Code, or chapter 53 of 

8 title 49, United States Code, to carry out a project. 

9 (f) TREATMENT OF FUNDS.— 

10 (1) IN GENERAL.—Except as provided in this 

11 section, funds made available to carry out this section 

12 shall be administered as if apportioned under chapter 

13 1 of title 23, United States Code. 

14 (2) FEDERAL SHARE.—The Federal share of the 

15 cost of a project carried out under this section shall 

16 be determined in accordance with section 120 of title 

17 23, United States Code. 

18 (g) REPORT.— 

19 (1) DIRECT RECIPIENT REPORT.—Not later than 

20 60 days after the end of each fiscal year, each direct 

21 recipient shall submit to the Secretary a report that 

22 includes— 

23 (A) a list of projects funded with amounts 

24 provided under this section; 


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1 (B) a description of any obstacles to com2 plete projects or timely obligation of funds; and 

3 (C) recommendations to improve the effec4 tiveness of the program under this section. 

5 (2) REPORT TO CONGRESS.—Not later than Oc6 tober 1, 2024, the Secretary shall submit to the Com7 mittee on Environment and Public Works of the Sen8 ate and the Committee on Transportation and Infra9 structure of the House of Representatives a report 

10 that— 

11 (A) summarizes the findings of each direct 

12 recipient provided under paragraph (1); 

13 (B) describes the efforts undertaken by both 

14 direct recipients and the Secretary to ensure 

15 compliance with the requirements of title 23 and 

16 chapter 53 of title 49, United States Code; 

17 (C) analyzes the capacity of direct recipi18 ents to receive direct allocations of funds under 

19 chapter 1 of title 23, United States Code; and 

20 (D) provides recommendations from the 

21 Secretary to— 

22 (i) improve the administration, over23 sight, and performance of the program es24 tablished under this section; 


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1 (ii) improve the effectiveness of direct 

2 recipients to complete projects and obligate 

3 funds in a timely manner; and 

4 (iii) evaluate options to expand the au5 thority provided under this section, includ6 ing to allow for the direct allocation to met7 ropolitan planning organizations of funds 

8 made available to carry out clause (i) or 

9 (ii) of section 133(d)(1)(A) of title 23, 

10 United States Code. 

11 (3) UPDATE.—Not less frequently than every 2 

12 years, the Secretary shall update the report described 

13 in paragraph (2). 

14 (h) DEFINITIONS.— 

15 (1) DIRECT RECIPIENT.—In this section, the 

16 term ‘‘direct recipient’’ means a metropolitan plan17 ning organization designated by the Secretary as 

18 high-performing under subsection (b) and that was 

19 directly allocated funds as described in subsection (d). 

20 (2) METROPOLITAN PLANNING AREA.—The term 

21 ‘‘metropolitan planning area’’ has the meaning given 

22 such term in section 134 of title 23, United States 

23 Code. 

24 (3) METROPOLITAN PLANNING ORGANIZATION.— 

25 The term ‘‘metropolitan planning organization’’ has 


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1 the meaning given such term in section 134 of title 

2 23, United States Code. 

3 (4) NATIONAL HIGHWAY SYSTEM.—The term 

4 ‘‘National Highway System’’ has the meaning given 

5 such term in section 101 of title 23, United States 

6 Code. 

7 (5) STATE.—The term ‘‘State’’ has the meaning 

8 given such term in section 101 of title 23, United 

9 States Code. 

10 (6) URBANIZED AREA.—The term ‘‘urbanized 

11 area’’ has the meaning given such term in section 134 

12 of title 23, United States Code. 

13 SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 

14 (a) ESTABLISHMENT.—The Secretary of Transpor15 tation shall establish a gridlock reduction program to make 

16 grants, on a competitive basis, for projects to reduce, and 

17 mitigate the adverse impacts of, traffic congestion. 

18 (b) APPLICATIONS.—To be eligible for a grant under 

19 this section, an applicant shall submit to the Secretary an 

20 application in such form, at such time, and containing such 

21 information as the Secretary determines appropriate. 

22 (c) ELIGIBLE APPLICANTS.—The Secretary may make 

23 grants under this section to an applicant that is serving 

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1 sus, with a population of not less than 1,000,000 and that 

2 is— 

3 (1) a metropolitan planning organization; 

4 (2) a unit of local government or a group of local 

5 governments; 

6 (3) a multijurisdictional group of entities de7 scribed in paragraphs (1) and (2); or 

8 (4) a State that is in partnership with an entity 

9 or group of entities described in paragraph (1), (2), 

10 or (3). 

11 (d) ELIGIBLE PROJECTS.—The Secretary may award 

12 grants under this section to applicants that submit a com13 prehensive program of surface transportation-related 

14 projects to reduce traffic congestion and related adverse im15 pacts, including a project for 1 or more of the following: 

16 (1) Transportation systems management and op17 erations. 

18 (2) Intelligent transportation systems. 

19 (3) Real-time traveler information. 

20 (4) Traffic incident management. 

21 (5) Active traffic management. 

22 (6) Traffic signal timing. 

23 (7) Multimodal travel payment systems. 

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1 pool, vanpool, transit benefit, parking cashout, shut2 tle, or telework programs. 

3 (9) A project to provide transportation options 

4 to reduce traffic congestion, including— 

5 (A) a project under chapter 53 of title 49, 

6 United States Code; 

7 (B) a bicycle or pedestrian project, includ8 ing a project to provide safe and connected active 

9 transportation networks; and 

10 (C) a surface transportation project carried 

11 out in accordance with the national travel and 

12 tourism infrastructure strategic plan under sec13 tion 1431(e) of the FAST Act (49 U.S.C. 301 

14 note). 

15 (10) Any other project, as determined appro16 priate by the Secretary. 

17 (e) AWARD PRIORITIZATION.— 

18 (1) IN GENERAL.—In selecting grants under this 

19 section, the Secretary shall prioritize applicants serv20 ing urbanized areas, as described in subsection (c), 

21 that are experiencing a high degree of recurrent trans22 portation congestion, as determined by the Secretary. 

23 (2) ADDITIONAL CONSIDERATIONS.—In selecting 

24 grants under this section, the Secretary shall also con25 sider the extent to which the project would— 


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1 (A) reduce traffic congestion and improve 

2 the reliability of the surface transportation sys3 tem; 

4 (B) mitigate the adverse impacts of traffic 

5 congestion on the surface transportation system, 

6 including safety and environmental impacts; 

7 (C) maximize the use of existing capacity; 

8 and 

9 (D) employ innovative, integrated, and 

10 multimodal solutions to the items described in 

11 subparagraphs (A), (B), and (C). 

12 (f) FEDERAL SHARE.— 

13 (1) IN GENERAL.—The Federal share of the cost 

14 of a project carried out under this section may not ex15 ceed 60 percent. 

16 (2) MAXIMUM FEDERAL SHARE.—Federal assist17 ance other than a grant for a project under this sec18 tion may be used to satisfy the non-Federal share of 

19 the cost of such project, except that the total Federal 

20 assistance provided for a project receiving a grant 

21 under this section may not exceed 80 percent of the 

22 total project cost. 

23 (g) USE OF FUNDS.—Funds made available for a 

24 project under this section may be used for— 


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1 (1) development phase activities, including plan2 ning, feasibility analysis, revenue forecasting, envi3 ronmental review, preliminary engineering and de4 sign work, and other preconstruction activities; and 

5 (2) construction, reconstruction, rehabilitation, 

6 acquisition of real property (including land related to 

7 the project and improvements to the land), environ8 mental mitigation, construction contingencies, acqui9 sition of equipment, and operational improvements. 

10 (h) FUNDING.— 

11 (1) GRANT AMOUNT.—A grant under this section 

12 shall be in an amount not less than $10,000,000 and 

13 not more than $50,000,000. 

14 (2) AVAILABILITY.—Funds made available under 

15 this program shall be available until expended. 

16 (i) FREIGHT PROJECT SET-ASIDE.— 

17 (1) IN GENERAL.—The Secretary shall set aside 

18 not less than 50 percent of the funds made available 

19 to carry out this section for grants for freight projects 

20 under this subsection. 

21 (2) ELIGIBLE USES.—The Secretary shall pro22 vide funds set aside under this subsection to appli23 cants that submit a comprehensive program of surface 

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1 lated traffic congestion and related adverse impacts, 

2 including— 

3 (A) freight intelligent transportation sys4 tems; 

5 (B) real-time freight parking information; 

6 (C) real-time freight routing information; 

7 (D) freight transportation and delivery 

8 safety projects; 

9 (E) first-mile and last-mile delivery solu10 tions; 

11 (F) shifting freight delivery to off-peak trav12 el times; 

13 (G) reducing greenhouse gas emissions and 

14 air pollution from freight transportation and de15 livery, including through the use of innovative 

16 vehicles that produce fewer greenhouse gas emis17 sions; 

18 (H) use of centralized delivery locations; 

19 (I) designated freight vehicle parking and 

20 staging areas; 

21 (J) curb space management; and 

22 (K) other projects, as determined appro23 priate by the Secretary. 

24 (3) AWARD PRIORITIZATION.— 


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1 (A) IN GENERAL.—In providing funds set 

2 aside under this section, the Secretary shall 

3 prioritize applicants serving urbanized areas, as 

4 described in subsection (c), that are experiencing 

5 a high degree of recurrent congestion due to 

6 freight transportation, as determined by the Sec7 retary. 

8 (B) ADDITIONAL CONSIDERATIONS.—In 

9 providing funds set aside under this subsection, 

10 the Secretary shall consider the extent to which 

11 the proposed project— 

12 (i) reduces freight-related traffic con13 gestion and improves the reliability of the 

14 freight transportation system; 

15 (ii) mitigates the adverse impacts of 

16 freight-related traffic congestion on the sur17 face transportation system, including safety 

18 and environmental impacts; 

19 (iii) maximizes the use of existing ca20 pacity; 

21 (iv) employs innovative, integrated, 

22 and multimodal solutions to the items de23 scribed in clauses (i) through (iii); 

24 (v) leverages Federal funds with non25 Federal contributions; and 


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1 (vi) integrates regional multimodal 

2 transportation management and oper3 ational projects that address both passenger 

4 and freight congestion. 

5 (4) FLEXIBILITY.—If the Secretary determines 

6 that there are insufficient qualified applicants to use 

7 the funds set aside under this subsection, the Sec8 retary may use such funds for grants for any projects 

9 eligible under this section. 

10 (j) REPORT.— 

11 (1) RECIPIENT REPORT.—The Secretary shall 

12 ensure that not later than 2 years after the Secretary 

13 awards grants under this section, the recipient of each 

14 such grant submits to the Secretary a report that con15 tains— 

16 (A) information on each activity or project 

17 that received funding under this section; 

18 (B) a summary of any non-Federal re19 sources leveraged by a grant under this section; 

20 (C) any statistics, measurements, or quan21 titative assessments that demonstrate the conges22 tion reduction, reliability, safety, and environ23 mental benefits achieved through activities or 

24 projects that received funding under this section; 

25 and 


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1 (D) any additional information required by 

2 the Secretary. 

3 (2) REPORT TO CONGRESS.—Not later than 9 

4 months after the date specified in paragraph (1), the 

5 Secretary shall submit to the Committee on Transpor6 tation and Infrastructure of the House of Representa7 tives and the Committee on Environment and Public 

8 Works, the Committee on Commerce, Science, and 

9 Transportation, and the Committee on Banking, 

10 Housing, and Urban Affairs of the Senate, and make 

11 publicly available on a website, a report detailing— 

12 (A) a summary of any information pro13 vided under paragraph (1); and 

14 (B) recommendations and best practices 

15 to— 

16 (i) reduce traffic congestion, including 

17 freight-related traffic congestion, and im18 prove the reliability of the surface transpor19 tation system; 

20 (ii) mitigate the adverse impacts of 

21 traffic congestion, including freight-related 

22 traffic congestion, on the surface transpor23 tation system, including safety and environ24 mental impacts; and 


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1 (iii) employ innovative, integrated, 

2 and multimodal solutions to the items de3 scribed in clauses (i) and (ii). 

4 (k) NOTIFICATION.—Not later than 3 business days be5 fore awarding a grant under this section, the Secretary 

6 shall notify the Committee on Transportation and Infra7 structure of the House of Representatives and the Committee 

8 on Environment and Public Works, the Committee on Com9 merce, Science, and Transportation, and the Committee on 

10 Banking, Housing, and Urban Affairs of the Senate of the 

11 intention to award such a grant. 

12 (l) TREATMENT OF PROJECTS.— 

13 (1) FEDERAL REQUIREMENTS.—The Secretary 

14 shall, with respect to a project funded by a grant 

15 under this section, apply— 

16 (A) the requirements of title 23, United 

17 States Code, to a highway project; 

18 (B) the requirements of chapter 53 of title 

19 49, United States Code, to a public transpor20 tation project; and 

21 (C) the requirements of section 22905 of 

22 title 49, United States Code, to a passenger rail 

23 or freight rail project. 

24 (2) MULTIMODAL PROJECTS.— 


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1 (A) IN GENERAL.—Except as otherwise pro2 vided in this paragraph, if an eligible project is 

3 a multimodal project, the Secretary shall— 

4 (i) determine the predominant modal 

5 component of the project; and 

6 (ii) apply the applicable requirements 

7 of such predominant modal component to 

8 the project. 

9 (B) EXCEPTIONS.— 

10 (i) PASSENGER OR FREIGHT RAIL COM11 PONENT.—For any passenger or freight rail 

12 component of a project, the requirements of 

13 section 22907(j)(2) of title 49, United States 

14 Code, shall apply. 

15 (ii) PUBLIC TRANSPORTATION COMPO16 NENT.—For any public transportation com17 ponent of a project, the requirements of sec18 tion 5333 of title 49, United States Code, 

19 shall apply. 

20 (C) BUY AMERICA.—In applying the Buy 

21 American requirements under section 313 of title 

22 23, United States Code, and sections 5320, 

23 22905(a), and 24305(f) of title 49, United States 

24 Code, to a multimodal project under this para25 graph, the Secretary shall— 


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1 (i) consider the various modal compo2 nents of the project; and 

3 (ii) seek to maximize domestic jobs. 

4 (3) FEDERAL-AID HIGHWAY REQUIREMENTS.— 

5 Notwithstanding any other provision of this sub6 section, the Secretary shall require recipients of 

7 grants under this section to comply with subsection 

8 (a) of section 113 of title 23, United States Code, with 

9 respect to public transportation projects, passenger 

10 rail projects, and freight rail projects, in the same 

11 manner that recipients of grants are required to com12 ply with such subsection for construction work per13 formed on highway projects on Federal-aid highways. 

14 (m) TREATMENT OF FUNDS.—Except as provided in 

15 subsection (l), funds authorized for the purposes described 

16 in this section shall be available for obligation in the same 

17 manner as if the funds were apportioned under chapter 1 

18 of title 23, United States Code. 

19 SEC. 1307. REBUILD RURAL GRANT PROGRAM. 

20 (a) ESTABLISHMENT.—The Secretary of Transpor21 tation shall establish a rebuild rural grant program to im22 prove the safety, state of good repair, and connectivity of 

23 transportation infrastructure in rural communities. 

24 (b) GRANT AUTHORITY.— 


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1 (1) IN GENERAL.—In carrying out the program 

2 established in subsection (a), the Secretary shall make 

3 grants, on a competitive basis, in accordance with 

4 this section. 

5 (2) GRANT AMOUNT.—A grant made under this 

6 program shall be for no more than $25,000,000. 

7 (c) ELIGIBLE APPLICANTS.—The Secretary may make 

8 a grant under this section to— 

9 (1) a State; 

10 (2) a metropolitan planning organization or a 

11 regional transportation planning organization; 

12 (3) a unit of local government; 

13 (4) a Federal land management agency; 

14 (5) a Tribal government or a consortium of 

15 Tribal governments; 

16 (6) a territory; and 

17 (7) a multijurisdictional group of entities de18 scribed in this subsection. 

19 (d) APPLICATIONS.—To be eligible for a grant under 

20 this section, an entity specified under subsection (c) shall 

21 submit to the Secretary an application in such form, at 

22 such time, and containing such information as the Sec23 retary determines is appropriate. 

24 (e) ELIGIBLE PROJECTS.—The Secretary shall provide 

25 grants under this section to projects eligible under title 23, 


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1 United States Code, including projects on and off the Fed2 eral-aid highway system, that improve safety, state of good 

3 repair, or connectivity in a rural community, including 

4 projects to— 

5 (1) improve transportation safety, including 

6 projects on high-risk rural roads and on Federal 

7 lands; 

8 (2) improve state of good repair, including 

9 projects to repair and rehabilitate bridges on and off 

10 the Federal-aid highway system; 

11 (3) provide or increase access to jobs and serv12 ices; 

13 (4) provide or increase access to— 

14 (A) a grain elevator; 

15 (B) an agricultural facility; 

16 (C) a mining facility; 

17 (D) a forestry facility; 

18 (E) an intermodal facility; 

19 (F) travel or tourism destinations; or 

20 (G) any other facility that supports the 

21 economy of a rural community; and 

22 (5) reduce vehicle-wildlife collisions and improve 

23 habitat connectivity. 

24 (f) ELIGIBLE PROJECT COSTS.—Grant amounts for a 

25 project under this section may be used for— 


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1 (1) development phase activities, including plan2 ning, feasibility analysis, revenue forecasting, envi3 ronmental review, preliminary engineering and de4 sign work, and other preconstruction activities; and 

5 (2) construction, reconstruction, rehabilitation, 

6 acquisition of real property (including land related to 

7 the project and improvements to the land), environ8 mental mitigation, construction contingencies, acqui9 sition of equipment, and operational improvements. 

10 (g) FEDERAL SHARE.— 

11 (1) IN GENERAL.—The share of the cost of a 

12 project provided with a grant under this section may 

13 not exceed 80 percent of the total cost of such project. 

14 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 

15 assistance other than a grant under this section may 

16 be used to satisfy up to 100 percent of the total cost 

17 of such project. 

18 (h) PRIORITY.—In making grants under this section, 

19 the Secretary shall prioritize projects that address— 

20 (1) significant transportation safety challenges; 

21 (2) state of good repair challenges that pose safe22 ty risks or risks to a local economy; 

23 (3) economic development challenges; 

24 (4) connectivity challenges that limit access to 

25 jobs or services; and 


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1 (5) coordination of projects in the highway right2 of-way with proposed broadband service infrastruc3 ture needs. 

4 (i) NOTIFICATION.—Not later than 3 business days be5 fore awarding a grant under this section, the Secretary of 

6 Transportation shall notify the Committee on Transpor7 tation and Infrastructure of the House of Representatives 

8 and the Committee on Environment and Public Works of 

9 the Senate of the intention to award such a grant. 

10 (j) TREATMENT OF PROJECTS.—Notwithstanding any 

11 other provision of law, a project carried out under this sec12 tion shall be treated as if the project is located on a Federal13 aid highway. 

14 (k) DEFINITION OF RURAL COMMUNITY.—In this sec15 tion, the term ‘‘rural community’’ means an area that is 

16 not an urbanized area, as such term is defined in section 

17 101(a) of title 23, United States Code. 

18 SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES. 

19 (a) ESTABLISHMENT.—The Secretary of Transpor20 tation shall establish a program under which the Secretary 

21 shall make grants, on a competitive basis, to eligible entities 

22 to address the shortage of parking for commercial motor ve23 hicles to improve the safety of commercial motor vehicle op24 erators. 


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1 (b) APPLICATIONS.—To be eligible for a grant under 

2 this section, an eligible entity shall submit to the Secretary 

3 an application in such form, at such time, and containing 

4 such information as the Secretary may require. 

5 (c) ELIGIBLE PROJECTS.—Projects eligible under this 

6 section are projects that— 

7 (1) construct safety rest areas that include park8 ing for commercial motor vehicles; 

9 (2) construct commercial motor vehicle parking 

10 facilities— 

11 (A) adjacent to private commercial truck12 stops and travel plazas; 

13 (B) within the boundaries of, or adjacent to, 

14 a publicly owned freight facility, including a 

15 port terminal operated by a public authority; 

16 and 

17 (C) at existing facilities, including inspec18 tion and weigh stations and park-and-ride loca19 tions; 

20 (3) open existing weigh stations, safety rest 

21 areas, and park-and-ride facilities to commercial 

22 motor vehicle parking; 

23 (4) facilitate access to publicly and privately 

24 provided commercial motor vehicle parking, such as 

25 through the use of intelligent transportation systems; 


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1 (5) construct turnouts along a Federal-aid high2 way for commercial motor vehicles; 

3 (6) make capital improvements to public com4 mercial motor vehicle parking facilities that are 

5 closed on a seasonal basis to allow the facilities to re6 main open year-round; 

7 (7) open existing commercial motor vehicle 

8 chain-up areas that are closed on a seasonal basis to 

9 allow the facilities to remain open year-round for 

10 commercial motor vehicle parking; 

11 (8) address commercial motor vehicle parking 

12 and layover needs in emergencies that strain the ca13 pacity of existing publicly and privately provided 

14 commercial motor vehicle parking; and 

15 (9) make improvements to existing commercial 

16 motor vehicle parking facilities, including advanced 

17 truckstop electrification systems. 

18 (d) USE OF FUNDS.— 

19 (1) IN GENERAL.—An eligible entity may use a 

20 grant under this section for— 

21 (A) development phase activities, including 

22 planning, feasibility analysis, benefit-cost anal23 ysis, environmental review, preliminary engi24 neering and design work, and other 


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1 preconstruction activities necessary to advance a 

2 project described in subsection (c); and 

3 (B) construction and operational improve4 ments, as such terms are defined in section 101 

5 of title 23, United States Code. 

6 (2) PRIVATE SECTOR PARTICIPATION.—An eligi7 ble entity that receives a grant under this section may 

8 partner with a private entity to carry out an eligible 

9 project under this section. 

10 (3) LIMITATION.—Not more than 10 percent of 

11 the amounts made available to carry out this section 

12 may be used to promote the availability of existing 

13 commercial motor vehicle parking. 

14 (e) SELECTION CRITERIA.—In making grants under 

15 this section, the Secretary shall consider— 

16 (1) in the case of construction of new commercial 

17 motor vehicle parking capacity, the shortage of public 

18 and private commercial motor vehicle parking near 

19 the project; and 

20 (2) the extent to which each project— 

21 (A) would increase commercial motor vehi22 cle parking capacity or utilization; 

23 (B) would facilitate the efficient movement 

24 of freight; 


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1 (C) would improve safety, traffic congestion, 

2 and air quality; 

3 (D) is cost effective; and 

4 (E) reflects consultation with motor car5 riers, commercial motor vehicle operators, and 

6 private providers of commercial motor vehicle 

7 parking. 

8 (f) NOTIFICATION OF CONGRESS.—Not later than 3 

9 business days before announcing a project selected to receive 

10 a grant under this section, the Secretary of Transportation 

11 shall notify the Committee on Transportation and Infra12 structure of the House of Representatives and the Committee 

13 on Environment and Public Works of the Senate of the in14 tention to award such a grant. 

15 (g) TREATMENT OF FUNDS.— 

16 (1) TREATMENT OF PROJECTS.—Notwith17 standing any other provision of law, any project 

18 funded by a grant under this section shall be treated 

19 as a project on a Federal-aid highway under chapter 

20 1 of title 23, United States Code. 

21 (2) FEDERAL SHARE.—The Federal share of the 

22 cost of a project under this section shall be determined 

23 in accordance with subsections (b) and (c) of section 

24 120 of title 23, United States Code. 


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1 (h) PROHIBITION ON CHARGING FEES.—To be eligible 

2 for a grant under this section, an eligible entity shall certify 

3 that no fees will be charged for the use of a project assisted 

4 with such grant. 

5 (i) AMENDMENT TO MAP–21.—Section 1401(c)(1) of 

6 MAP–21 (23 U.S.C. 137 note) is amended— 

7 (1) by inserting ‘‘and private providers of com8 mercial motor vehicle parking’’ after ‘‘personnel’’; and 

9 (2) in subparagraph (A) by striking ‘‘the capa10 bility of the State to provide’’ and inserting ‘‘the 

11 availability of’’. 

12 (j) SURVEY; COMPARATIVE ASSESSMENT; REPORT.— 

13 (1) UPDATE.—Not later than 2 years after the 

14 date of enactment of this Act, the Secretary shall up15 date the survey of each State required under section 

16 1401(c)(1) of the MAP–21 (23 U.S.C. 137 note). 

17 (2) REPORT.—Not later than 1 year after the 

18 deadline under paragraph (1), the Secretary shall 

19 publish on the website of the Department of Transpor20 tation a report that— 

21 (A) evaluates the availability of adequate 

22 parking and rest facilities for commercial motor 

23 vehicles engaged in interstate transportation; 


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1 (B) evaluates the effectiveness of the projects 

2 funded under this section in improving access to 

3 commercial motor vehicle parking; and 

4 (C) reports on the progress being made to 

5 provide adequate commercial motor vehicle park6 ing facilities in the State. 

7 (3) CONSULTATION.—The Secretary shall pre8 pare the report required under paragraph (2) in con9 sultation with— 

10 (A) relevant State motor carrier safety per11 sonnel; 

12 (B) motor carriers and commercial motor 

13 vehicle operators; and 

14 (C) private providers of commercial motor 

15 vehicle parking. 

16 (k) DEFINITIONS.—In this section: 

17 (1) COMMERCIAL MOTOR VEHICLE.—The term 

18 ‘‘commercial motor vehicle’’ has the meaning given 

19 such term in section 31132 of title 49, United States 

20 Code. 

21 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti22 ty’’ means— 

23 (A) a State; 

24 (B) a metropolitan planning organization; 

25 (C) a unit of local government; 


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1 (D) a political subdivision of a State or 

2 local government carrying out responsibilities re3 lating to commercial motor vehicle parking; and 

4 (E) a multistate or multijurisdictional 

5 group of entities described in subparagraphs (A) 

6 through (D). 

7 (3) SAFETY REST AREA.—The term ‘‘safety rest 

8 area’’ has the meaning given such term in section 

9 120(c) of title 23, United States Code. 

10 SEC. 1309. ACTIVE TRANSPORTATION CONNECTIVITY 

11 GRANT PROGRAM. 

12 (a) ESTABLISHMENT.—The Secretary of Transpor13 tation shall establish an active transportation connectivity 

14 grant program to provide for safe and connected active 

15 transportation facilities. 

16 (b) GRANT AUTHORITY.—In carrying out the program 

17 established in subsection (a), the Secretary shall make 

18 grants, on a competitive basis, in accordance with this sec19 tion. 

20 (c) ELIGIBLE APPLICANTS.—The Secretary may make 

21 a grant under this section to— 

22 (1) a State; 

23 (2) a metropolitan planning organization; 

24 (3) a regional transportation authority; 


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1 (4) a unit of local government, including a coun2 ty or multi-county special district; 

3 (5) a Federal land management agency; 

4 (6) a natural resource or public land agency; 

5 (7) a Tribal government or a consortium of 

6 Tribal governments; 

7 (8) any local or regional governmental entity 

8 with responsibility for or oversight of transportation 

9 or recreational trails; and 

10 (9) a multistate or multijurisdictional group of 

11 entities described in this subsection. 

12 (d) APPLICATIONS.—To be eligible for a grant under 

13 this section, an entity specified under subsection (c) shall 

14 submit to the Secretary an application in such form, at 

15 such time, and containing such information as the Sec16 retary determines is appropriate. 

17 (e) ELIGIBLE PROJECTS.—The Secretary shall provide 

18 grants under this section to projects that improve the 

19 connectivity and the use of active transportation facili20 ties— 

21 (1) including— 

22 (A) active transportation networks; 

23 (B) active transportation spines; and 

24 (C) planning related to the development 

25 of— 


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1 (i) active transportation networks; 

2 (ii) active transportation spines; and 

3 (iii) complete streets plans to create a 

4 connected network of active transportation 

5 facilities, including sidewalks, bikeways, or 

6 pedestrian and bicycle trails; and 

7 (2) that have— 

8 (A) total project costs of not less than 

9 $15,000,000; or 

10 (B) in the case of planning grants under 

11 subsection (f), a total cost of not less than 

12 $100,000. 

13 (f) PLANNING GRANTS.—Of the amounts made avail14 able to carry out this section, the Secretary may use not 

15 more than 10 percent to provide planning grants to eligible 

16 applicants for activities under subsection (e)(1)(C). 

17 (g) CONSIDERATIONS.—In making grants under this 

18 section, the Secretary shall consider the extent to which— 

19 (1) a project is likely to provide substantial ad20 ditional opportunities for walking and bicycling, in21 cluding through the creation of— 

22 (A) active transportation networks con23 necting destinations within or between commu24 nities, including schools, workplaces, residences, 


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1 businesses, recreation areas, and other commu2 nity areas; and 

3 (B) active transportation spines connecting 

4 2 or more communities, metropolitan areas, or 

5 States; 

6 (2) an applicant has adequately considered or 

7 will consider, including through the opportunity for 

8 public comment, the environmental justice and equity 

9 impacts of the project; 

10 (3) the project would improve safety for vulner11 able road users, including through the use of complete 

12 street design policies or a safe system approach; and 

13 (4) a project integrates active transportation fa14 cilities with public transportation services, where 

15 available, to improve access to public transportation. 

16 (h) LIMITATION.— 

17 (1) IN GENERAL.—The share of the cost of a 

18 project assisted with a grant under this section may 

19 not exceed 80 percent. 

20 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 

21 assistance other than a grant under this section may 

22 be used to satisfy up to 100 percent of the total 

23 project cost. 

24 (i) ELIGIBLE PROJECT COSTS.—Amounts made avail25 able for a project under this section may be used for— 


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1 (1) development phase activities, including plan2 ning, feasibility analysis, revenue forecasting, envi3 ronmental review, preliminary engineering and de4 sign work, and other preconstruction activities; and 

5 (2) construction, reconstruction, rehabilitation, 

6 acquisition of real property (including land related to 

7 the project and improvements to the land), environ8 mental mitigation, construction contingencies, acqui9 sition of equipment, and operational improvements. 

10 (j) NOTIFICATION.—Not later than 3 business days be11 fore awarding a grant under this section, the Secretary of 

12 Transportation shall notify the Committee on Transpor13 tation and Infrastructure of the House of Representatives 

14 and the Committee on Environment and Public Works of 

15 the Senate of the intention to award such a grant. 

16 (k) TREATMENT OF PROJECTS.—Notwithstanding any 

17 other provision of law, a project carried out under this sec18 tion shall be treated in the manner described under section 

19 133(i) of title 23, United States Code. 

20 (l) DEFINITIONS.—In this section: 

21 (1) ACTIVE TRANSPORTATION.—The term ‘‘active 

22 transportation’’ means mobility options powered pri23 marily by human energy, including bicycling and 

24 walking. 


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1 (2) ACTIVE TRANSPORTATION NETWORK.—The 

2 term ‘‘active transportation network’’ means facilities 

3 built for active transportation, including sidewalks, 

4 bikeways, and pedestrian and bicycle trails, that con5 nect destinations within a community, a metropoli6 tan area, or on Federal lands. 

7 (3) ACTIVE TRANSPORTATION SPINE.—The term 

8 ‘‘active transportation spine’’ means facilities built 

9 for active transportation, including sidewalks, bike10 ways, and pedestrian and bicycle trails, that connect 

11 communities, metropolitan areas, Federal lands, or 

12 States. 

13 (4) SAFE SYSTEM APPROACH.—The term ‘‘safe 

14 system approach’’ has the meaning given such term 

15 in section 148(a) of title 23, United States Code. 

16 (5) VULNERABLE ROAD USER.—The term ‘‘vul17 nerable road user’’ has the meaning given such term 

18 in section 148(a) of title 23, United States Code. 

19 Subtitle D—Planning, Performance 

20 Management, and Asset Manage21 ment 

22 SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 

23 Section 134 of title 23, United States Code, is amend24 ed— 


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1 (1) in subsection (a) by striking ‘‘resiliency 

2 needs while minimizing transportation-related fuel 

3 consumption and air pollution’’ and inserting ‘‘resil4 ience and climate change adaptation needs while re5 ducing transportation-related fuel consumption, air 

6 pollution, and greenhouse gas emissions’’; 

7 (2) in subsection (b)— 

8 (A) by redesignating paragraphs (6) and 

9 (7) as paragraphs (7) and (8), respectively; and 

10 (B) by inserting after paragraph (5) the fol11 lowing: 

12 ‘‘(6) STIP.—The term ‘STIP’ means a statewide 

13 transportation improvement program developed by a 

14 State under section 135(g).’’; 

15 (3) in subsection (c)— 

16 (A) in paragraph (1) by striking ‘‘and 

17 transportation improvement programs’’ and in18 serting ‘‘and TIPs’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(4) CONSIDERATION.—In developing the plans 

21 and TIPs, metropolitan planning organizations shall 

22 consider direct and indirect emissions of greenhouse 

23 gases.’’; 

24 (4) in subsection (d)— 


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1 (A) in paragraph (2) by striking ‘‘Not later 

2 than 2 years after the date of enactment of 

3 MAP–21, each’’ and inserting ‘‘Each’’; 

4 (B) in paragraph (3) by adding at the end 

5 the following: 

6 ‘‘(D) CONSIDERATIONS.— 

7 ‘‘(i) EQUITABLE AND PROPORTIONAL

8 REPRESENTATION.—In designating officials 

9 or representatives under paragraph (2), the 

10 metropolitan planning organization shall 

11 consider the equitable and proportional rep12 resentation of the population of the metro13 politan planning area. 

14 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 

15 this paragraph shall require a metropolitan 

16 planning organization in existence on the 

17 date of enactment of this subparagraph to 

18 be restructured. 

19 ‘‘(iii) REDESIGNATION.—Notwith20 standing clause (ii), the requirements of this 

21 paragraph shall apply to any metropolitan 

22 planning organization redesignated under 

23 paragraph (6).’’; 


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1 (C) in paragraph (6)(B) by striking ‘‘para2 graph (2)’’ and inserting ‘‘paragraphs (2) or 

3 (3)(D)’’; and 

4 (D) in paragraph (7)— 

5 (i) by striking ‘‘an existing metropoli6 tan planning area’’ and inserting ‘‘an ur7 banized area’’; and 

8 (ii) by striking ‘‘the existing metropoli9 tan planning area’’ and inserting ‘‘the 

10 area’’; 

11 (5) in subsection (g)— 

12 (A) in paragraph (1) by striking ‘‘a metro13 politan area’’ and inserting ‘‘an urbanized 

14 area’’; 

15 (B) in paragraph (2) by striking ‘‘MPOS’’ 

16 and inserting ‘‘METROPOLITAN PLANNING

17 AREAS’’; 

18 (C) in paragraph (3)(A) by inserting 

19 ‘‘emergency response and evacuation, climate 

20 change adaptation and resilience,’’ after ‘‘dis21 aster risk reduction,’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(4) COORDINATION BETWEEN MPOS.— 

24 ‘‘(A) IN GENERAL.—If more than 1 metro25 politan planning organization is designated 


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1 within an urbanized area under subsection 

2 (d)(7), the metropolitan planning organizations 

3 designated within the area shall ensure, to the 

4 maximum extent practicable, the consistency of 

5 any data used in the planning process, including 

6 information used in forecasting transportation 

7 demand. 

8 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 

9 paragraph requires metropolitan planning orga10 nizations designated within a single urbanized 

11 area to jointly develop planning documents, in12 cluding a unified long-range transportation plan 

13 or unified TIP.’’; 

14 (6) in subsection (h)(1)— 

15 (A) by striking subparagraph (E) and in16 serting the following: 

17 ‘‘(E) protect and enhance the environment, 

18 promote energy conservation, reduce greenhouse 

19 gas emissions, improve the quality of life and 

20 public health, and promote consistency between 

21 transportation improvements and State and 

22 local planned growth and economic development 

23 patterns, including housing and land use pat24 terns;’’; 

25 (B) in subparagraph (I)— 


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1 (i) by inserting ‘‘, sea level rise, ex2 treme weather, and climate change’’ after 

3 ‘‘stormwater’’; and 

4 (ii) by striking ‘‘and’’ at the end; 

5 (C) by redesignating subparagraph (J) as 

6 subparagraph (M); and 

7 (D) by inserting after subparagraph (I) the 

8 following: 

9 ‘‘(J) facilitate emergency management, re10 sponse, and evacuation and hazard mitigation; 

11 ‘‘(K) improve the level of transportation 

12 system access; 

13 ‘‘(L) support inclusive zoning policies and 

14 land use planning practices that incentivize af15 fordable, elastic, and diverse housing supply, fa16 cilitate long-term economic growth by improving 

17 the accessibility of housing to jobs, and prevent 

18 high housing costs from displacing economically 

19 disadvantaged households; and’’; 

20 (7) in subsection (h)(2) by striking subpara21 graph (A) and inserting the following: 

22 ‘‘(A) IN GENERAL.—Through the use of a 

23 performance-based approach, transportation in24 vestment decisions made as a part of the metro25 politan transportation planning process shall 


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1 support the national goals described in section 

2 150(b), the achievement of metropolitan and 

3 statewide targets established under section 

4 150(d), the improvement of transportation sys5 tem access (consistent with section 150(f)), and 

6 the general purposes described in section 5301 of 

7 title 49.’’; 

8 (8) in subsection (i)— 

9 (A) in paragraph (2)(D)(i) by inserting 

10 ‘‘reduce greenhouse gas emissions and’’ before 

11 ‘‘restore and maintain’’; 

12 (B) in paragraph (2)(G) by inserting ‘‘and 

13 climate change’’ after ‘‘infrastructure to natural 

14 disasters’’; 

15 (C) in paragraph (2)(H) by inserting 

16 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 

17 (D) in paragraph (5)— 

18 (i) in subparagraph (A) by inserting 

19 ‘‘air quality, public health, housing, trans20 portation, resilience, hazard mitigation, 

21 emergency management,’’ after ‘‘conserva22 tion,’’; and 

23 (ii) by striking subparagraph (B) and 

24 inserting the following: 


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1 ‘‘(B) ISSUES.—The consultation shall in2 volve, as appropriate, comparison of transpor3 tation plans to other relevant plans, including, if 

4 available— 

5 ‘‘(i) State conservation plans or maps; 

6 and 

7 ‘‘(ii) inventories of natural or historic 

8 resources.’’; and 

9 (E) by amending paragraph (6)(C) to read 

10 as follows: 

11 ‘‘(C) METHODS.— 

12 ‘‘(i) IN GENERAL.—In carrying out 

13 subparagraph (A), the metropolitan plan14 ning organization shall, to the maximum 

15 extent practicable— 

16 ‘‘(I) hold any public meetings at 

17 convenient and accessible locations and 

18 times; 

19 ‘‘(II) employ visualization tech20 niques to describe plans; and 

21 ‘‘(III) make public information 

22 available in electronically accessible 

23 format and means, such as the inter24 net, as appropriate to afford reasonable 


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1 opportunity for consideration of public 

2 information under subparagraph (A). 

3 ‘‘(ii) ADDITIONAL METHODS.—In addi4 tion to the methods described in clause (i), 

5 in carrying out subparagraph (A), the met6 ropolitan planning organization shall, to 

7 the maximum extent practicable— 

8 ‘‘(I) use virtual public involve9 ment, social media, and other web10 based tools to encourage public partici11 pation and solicit public feedback; and 

12 ‘‘(II) use other methods, as appro13 priate, to further encourage public par14 ticipation of historically underrep15 resented individuals in the transpor16 tation planning process.’’; 

17 (9) in subsection (j) by striking ‘‘transportation 

18 improvement program’’ and inserting ‘‘TIP’’ each 

19 place it appears; and 

20 (10) by striking ‘‘Federally’’ each place it ap21 pears and inserting ‘‘federally’’. 

22 SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS23 PORTATION PLANNING. 

24 Section 135 of title 23, United States Code, is amend25 ed— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1) by striking ‘‘statewide 

3 transportation improvement program’’ and in4 serting ‘‘STIP’’; 

5 (B) in paragraph (2)— 

6 (i) by striking ‘‘The statewide trans7 portation plan and the’’ and inserting the 

8 following: 

9 ‘‘(A) IN GENERAL.—The statewide transpor10 tation plan and the’’; 

11 (ii) by striking ‘‘transportation im12 provement program’’ and inserting ‘‘STIP’’; 

13 and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(B) CONSIDERATION.—In developing the 

17 statewide transportation plans and STIPs, 

18 States shall consider direct and indirect emis19 sions of greenhouse gases.’’; and 

20 (C) in paragraph (3) by striking ‘‘transpor21 tation improvement program’’ and inserting 

22 ‘‘STIP’’; 

23 (2) in subsection (d)— 

24 (A) in paragraph (1)— 

25 (i) in subparagraph (E)— 


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1 (I) by inserting ‘‘reduce green2 house gas emissions,’’ after ‘‘promote 

3 energy conservation,’’; 

4 (II) by inserting ‘‘and public 

5 health’’ after ‘‘improve the quality of 

6 life’’; and 

7 (III) by inserting ‘‘, including 

8 housing and land use patterns’’ after 

9 ‘‘economic development patterns’’; 

10 (ii) in subparagraph (I)— 

11 (I) by inserting ‘‘, sea level rise, 

12 extreme weather, and climate change’’ 

13 after ‘‘mitigate stormwater’’; and 

14 (II) by striking ‘‘and’’ after the 

15 semicolon; 

16 (iii) by redesignating subparagraph 

17 (J) as subparagraph (M); and 

18 (iv) by inserting after subparagraph 

19 (I) the following: 

20 ‘‘(J) facilitate emergency management, re21 sponse, and evacuation and hazard mitigation; 

22 ‘‘(K) improve the level of transportation 

23 system access; 

24 ‘‘(L) support inclusive zoning policies and 

25 land use planning practices that incentivize afVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 fordable, elastic, and diverse housing supply, fa2 cilitate long-term economic growth by improving 

3 the accessibility of housing to jobs, and prevent 

4 high housing costs from displacing economically 

5 disadvantaged households; and’’; 

6 (B) in paragraph (2)— 

7 (i) by striking subparagraph (A) and 

8 inserting the following: 

9 ‘‘(A) IN GENERAL.—Through the use of a 

10 performance-based approach, transportation in11 vestment decisions made as a part of the state12 wide transportation planning process shall sup13 port— 

14 ‘‘(i) the national goals described in sec15 tion 150(b); 

16 ‘‘(ii) the consideration of transpor17 tation system access (consistent with section 

18 150(f)); 

19 ‘‘(iii) the achievement of statewide tar20 gets established under section 150(d); and 

21 ‘‘(iv) the general purposes described in 

22 section 5301 of title 49.’’; and 

23 (ii) in subparagraph (D) by striking 

24 ‘‘statewide transportation improvement pro25 gram’’ and inserting ‘‘STIP’’; and 


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1 (C) in paragraph (3) by striking ‘‘statewide 

2 transportation improvement program’’ and in3 serting ‘‘STIP’’; 

4 (3) in subsection (e)(3) by striking ‘‘transpor5 tation improvement program’’ and inserting ‘‘STIP’’; 

6 (4) in subsection (f)— 

7 (A) in paragraph (2)(D)— 

8 (i) in clause (i) by inserting ‘‘air qual9 ity, public health, housing, transportation, 

10 resilience, hazard mitigation, emergency 

11 management,’’ after ‘‘conservation,’’; and 

12 (ii) by amending clause (ii) to read as 

13 follows: 

14 ‘‘(ii) COMPARISON AND CONSIDER15 ATION.—Consultation under clause (i) shall 

16 involve the comparison of transportation 

17 plans to other relevant plans and inven18 tories, including, if available— 

19 ‘‘(I) State and tribal conservation 

20 plans or maps; and 

21 ‘‘(II) inventories of natural or 

22 historic resources.’’; 

23 (B) in paragraph (3)(B)— 

24 (i) by striking ‘‘In carrying out’’ and 

25 inserting the following: 


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1 ‘‘(i) IN GENERAL.—in carrying out’’; 

2 (ii) by redesignating clauses (i) 

3 through (iv) as subclauses (I) through (IV), 

4 respectively; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(ii) ADDITIONAL METHODS.—In addi8 tion to the methods described in clause (i), 

9 in carrying out subparagraph (A), the State 

10 shall, to the maximum extent practicable— 

11 ‘‘(I) use virtual public involve12 ment, social media, and other web13 based tools to encourage public partici14 pation and solicit public feedback; and 

15 ‘‘(II) use other methods, as appro16 priate, to further encourage public par17 ticipation of historically underrep18 resented individuals in the transpor19 tation planning process.’’; 

20 (C) in paragraph (4)(A) by inserting ‘‘re21 duce greenhouse gas emissions and’’ after ‘‘poten22 tial to’’; and 

23 (D) in paragraph (8) by inserting ‘‘green24 house gas emissions,’’ after ‘‘pollution,’’; 

25 (5) in subsection (g)— 


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1 (A) in paragraph (1)(A) by striking ‘‘state2 wide transportation improvement program’’ and 

3 inserting ‘‘STIP’’; 

4 (B) in paragraph (3) by striking ‘‘opera5 tors),,’’ and inserting ‘‘operators),’’; 

6 (C) in paragraph (4) by striking ‘‘statewide 

7 transportation improvement program’’ and in8 serting ‘‘STIP’’ each place it appears; 

9 (D) in paragraph (5)— 

10 (i) in subparagraph (A) by striking 

11 ‘‘transportation improvement program’’ 

12 and inserting ‘‘STIP’’; 

13 (ii) in subparagraph (B)(ii) by strik14 ing ‘‘metropolitan transportation improve15 ment program’’ and inserting ‘‘TIP’’; 

16 (iii) in subparagraph (C) by striking 

17 ‘‘transportation improvement program’’ 

18 and inserting ‘‘STIP’’ each place it ap19 pears; 

20 (iv) in subparagraph (E) by striking 

21 ‘‘transportation improvement program’’ 

22 and inserting ‘‘STIP’’; 

23 (v) in subparagraph (F)(i) by striking 

24 ‘‘transportation improvement program’’ 


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1 and inserting ‘‘STIP’’ each place it ap2 pears; 

3 (vi) in subparagraph (G)(ii) by strik4 ing ‘‘transportation improvement program’’ 

5 and inserting ‘‘STIP’’; and 

6 (vii) in subparagraph (H) by striking 

7 ‘‘transportation improvement program’’ 

8 and inserting ‘‘STIP’’; 

9 (E) in paragraph (6)— 

10 (i) in subparagraph (A)— 

11 (I) by striking ‘‘transportation 

12 improvement program’’ and inserting 

13 ‘‘STIP’’; and 

14 (II) by striking ‘‘and projects car15 ried out under the bridge program or 

16 the Interstate maintenance program’’; 

17 and 

18 (ii) in subparagraph (B)— 

19 (I) by striking ‘‘or under the 

20 bridge program or the Interstate main21 tenance program’’; 

22 (II) by striking ‘‘5310, 5311, 

23 5316, and 5317’’ and inserting ‘‘5310 

24 and 5311’’; and 


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1 (III) by striking ‘‘statewide trans2 portation improvement program’’ and 

3 inserting ‘‘STIP’’; 

4 (F) in paragraph (7)— 

5 (i) in the heading by striking ‘‘TRANS6 PORTATION IMPROVEMENT PROGRAM’’ and 

7 inserting ‘‘STIP’’; and 

8 (ii) by striking ‘‘transportation im9 provement program’’ and inserting ‘‘STIP’’; 

10 (G) in paragraph (8) by striking ‘‘statewide 

11 transportation plans and programs’’ and insert12 ing ‘‘statewide transportation plans and STIPs’’; 

13 and 

14 (H) in paragraph (9) by striking ‘‘trans15 portation improvement program’’ and inserting 

16 ‘‘STIP’’; 

17 (6) in subsection (h)(2)(A) by striking ‘‘Not later 

18 than 5 years after the date of enactment of the MAP– 

19 21,’’ and inserting ‘‘Not less frequently than once 

20 every 4 years,’’; 

21 (7) in subsection (k) by striking ‘‘transportation 

22 improvement program’’ and inserting ‘‘STIP’’ each 

23 place it appears; and 

24 (8) in subsection (m) by striking ‘‘transportation 

25 improvement programs’’ and inserting ‘‘STIPs’’. 


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1 SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE2 MENT MEASURES. 

3 (a) IN GENERAL.—Section 150 of title 23, United 

4 States Code, is amended— 

5 (1) in subsection (b)— 

6 (A) by redesignating paragraph (7) as 

7 paragraph (8); and 

8 (B) by inserting after paragraph (6) the fol9 lowing: 

10 ‘‘(7) COMBATING CLIMATE CHANGE.—To reduce 

11 carbon dioxide and other greenhouse gas emissions 

12 and reduce the climate impacts of the transportation 

13 system.’’; 

14 (2) in subsection (c)— 

15 (A) in paragraph (1) by striking ‘‘Not later 

16 than 18 months after the date of enactment of the 

17 MAP–21, the Secretary’’ and inserting ‘‘The Sec18 retary’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec21 retary shall establish, in consultation with the Ad22 ministrator of the Environmental Protection Agency, 

23 measures for States to use to assess— 

24 ‘‘(A) carbon dioxide emissions per capita on 

25 public roads; and 


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1 ‘‘(B) any other greenhouse gas emissions per 

2 capita on public roads that the Secretary deter3 mines to be appropriate.’’; 

4 (3) in subsection (d)— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘Not later than 1 year 

7 after the Secretary has promulgated the 

8 final rulemaking under subsection (c), each’’ 

9 and inserting ‘‘Each’’; and 

10 (ii) by striking ‘‘and (6)’’ and insert11 ing ‘‘(6), and (7)’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(3) REGRESSIVE TARGETS.— 

14 ‘‘(A) IN GENERAL.—A State may not estab15 lish a regressive target for the measures described 

16 under paragraph (4) or paragraph (7) of sub17 section (c). 

18 ‘‘(B) REGRESSIVE TARGET DEFINED.—In 

19 this paragraph, the term ‘regressive target’ 

20 means a target that fails to demonstrate constant 

21 or improved performance for a particular meas22 ure.’’; 

23 (4) in subsection (e)— 


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1 (A) by striking ‘‘Not later than 4 years 

2 after the date of enactment of the MAP–21 and 

3 biennially thereafter, a’’ and inserting ‘‘A’’; and 

4 (B) by inserting ‘‘biennial’’ after ‘‘the Sec5 retary a’’; and 

6 (5) by adding at the end the following: 

7 ‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall establish 

9 measures for States and metropolitan planning orga10 nizations to use to assess the level of safe, reliable, and 

11 convenient transportation system access to— 

12 ‘‘(A) employment; and 

13 ‘‘(B) services. 

14 ‘‘(2) CONSIDERATIONS.—The measures estab15 lished pursuant to paragraph (1) shall include the 

16 ability for States and metropolitan planning organi17 zations to assess— 

18 ‘‘(A) the change in the level of transpor19 tation system access for various modes of travel, 

20 including connection to other modes of transpor21 tation, that would result from new transpor22 tation investments; 

23 ‘‘(B) the level of transportation system ac24 cess for economically disadvantaged commu25 nities, including to affordable housing; and 


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1 ‘‘(C) the extent to which transportation ac2 cess is impacted by zoning policies and land use 

3 planning practices that effect the affordability, 

4 elasticity, and diversity of the housing supply. 

5 ‘‘(3) DEFINITION OF SERVICES.—In this sub6 section, the term ‘services’ includes healthcare facili7 ties, child care, education and workforce training, 

8 food sources, banking and other financial institutions, 

9 and other retail shopping establishments.’’. 

10 (b) METROPOLITAN TRANSPORTATION PLANNING.— 

11 Section 134 of title 23, United States Code, is further 

12 amended— 

13 (1) in subsection (j)(2)(D)— 

14 (A) by striking ‘‘PERFORMANCE TARGET

15 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE

16 MANAGEMENT’’; 

17 (B) by striking ‘‘The TIP’’ and inserting 

18 the following: 

19 ‘‘(i) IN GENERAL.—The TIP’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(ii) TRANSPORTATION MANAGEMENT

22 AREAS.—For metropolitan planning areas 

23 that represent an urbanized area designated 

24 as a transportation management area 


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1 under subsection (k), the TIP shall in2 clude— 

3 ‘‘(I) a discussion of the antici4 pated effect of the TIP toward achiev5 ing the performance targets established 

6 in the metropolitan transportation 

7 plan, linking investment priorities to 

8 such performance targets; and 

9 ‘‘(II) a description of how the TIP 

10 would improve the overall level of 

11 transportation system access, consistent 

12 with section 150(f).’’; 

13 (2) in subsection (k)— 

14 (A) in paragraph (3)(A)— 

15 (i) by striking ‘‘shall address conges16 tion management’’ and inserting the fol17 lowing: ‘‘shall address— 

18 ‘‘(i) congestion management’’; 

19 (ii) by striking the period at the end 

20 and inserting ‘‘; and’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(ii) the overall level of transportation 

24 system access for various modes of travel 

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1 cluding the level of access for economically 

2 disadvantaged communities, consistent with 

3 section 150(f), that is based on a coopera4 tively developed and implemented metro5 politan-wide strategy, assessing both new 

6 and existing transportation facilities eligi7 ble for funding under this title and chapter 

8 53 of title 49.’’; and 

9 (B) in paragraph (5)(B)— 

10 (i) in clause (i) by striking ‘‘; and’’ 

11 and inserting a semicolon; 

12 (ii) in clause (ii) by striking the pe13 riod and inserting ‘‘; and’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(iii) the TIP approved under clause 

17 (ii) improves the level of transportation sys18 tem access, consistent with section 150(f).’’; 

19 and 

20 (3) in subsection (l)(2)— 

21 (A) by striking ‘‘5 years after the date of 

22 enactment of the MAP–21’’ and inserting ‘‘2 

23 years after the date of enactment of the INVEST 

24 in America Act, and every 2 years thereafter’’; 


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1 (B) in subparagraph (C) by striking ‘‘and 

2 whether metropolitan planning organizations are 

3 developing meaningful performance targets; and’’ 

4 and inserting a semicolon; and 

5 (C) by striking subparagraph (D) and in6 serting the following: 

7 ‘‘(D) a listing of all metropolitan planning 

8 organizations that are establishing performance 

9 targets and whether such performance targets es10 tablished by the metropolitan planning organiza11 tion are meaningful or regressive (as defined in 

12 section 150(d)(3)(B)); and 

13 ‘‘(E) the progress of implementing the meas14 ure established under section 150(f).’’. 

15 (c) STATEWIDE AND NONMETROPOLITAN TRANSPOR16 TATION PLANNING.—Section 135(g)(4) of title 23, United 

17 States Code, is further amended— 

18 (1) by striking ‘‘PERFORMANCE TARGET

19 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE MAN20 AGEMENT’’; 

21 (2) by striking ‘‘shall include, to the maximum 

22 extent practicable, a discussion’’ and inserting the fol23 lowing: ‘‘shall include— 

24 ‘‘(A) a discussion’’; 


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1 (3) by striking the period at the end and insert2 ing ‘‘; and’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(B) a consideration of how the STIP im5 pacts the overall level of transportation system 

6 access, consistent with section 150(f).’’. 

7 (d) EFFECTIVE DATE.—The amendment made by sub8 section (a)(3)(B) shall take effect 1 year before the subse9 quent State target and reporting deadlines established pur10 suant to section 150 of title 23, United States Code. 

11 (e) DEVELOPMENT OF GREENHOUSE GAS MEASURE.— 

12 Not later than 1 year after the date of enactment of this 

13 Act, the Secretary of Transportation shall issue such regula14 tions as are necessary to carry out paragraph (7) of section 

15 150(c) of title 23, United States Code, as added by this Act. 

16 (f) DEVELOPMENT OF TRANSPORTATION SYSTEM AC17 CESS MEASURE.— 

18 (1) ESTABLISHMENT.—Not later than 120 days 

19 after the date of enactment of this Act, the Secretary 

20 of Transportation shall establish a working group to 

21 assess the provisions of paragraphs (1) and (2) of sec22 tion 150(f) and make recommendations regarding the 

23 establishment of measures for States and metropolitan 

24 planning organizations to use to assess the level of 

25 transportation system access for various modes of 


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1 travel, consistent with section 150(f) of title 23, 

2 United States Code. 

3 (2) MEMBERS.—The working group established 

4 pursuant to paragraph (1) shall include representa5 tives from— 

6 (A) the Department of Transportation; 

7 (B) State departments of transportation, 

8 including representatives that specialize in pe9 destrian and bicycle safety; 

10 (C) metropolitan planning organizations 

11 representing transportation management areas 

12 (as those terms are defined in section 134 of title 

13 23, United States Code); 

14 (D) other metropolitan planning organiza15 tions or local governments; 

16 (E) providers of public transportation; 

17 (F) nonprofit entities related to transpor18 tation, including relevant safety groups; 

19 (G) experts in the field of transportation ac20 cess data; and 

21 (H) any other stakeholders, as determined 

22 by the Secretary. 

23 (3) REPORT.— 

24 (A) SUBMISSION.—Not later than 1 year 

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1 suant to paragraph (1), the working group shall 

2 submit to the Secretary a report of recommenda3 tions regarding the establishment of measures for 

4 States and metropolitan planning organizations 

5 to use to assess the level of transportation system 

6 access, consistent with section 150(f) of title 23, 

7 United States Code. 

8 (B) PUBLICATION.—Not later than 30 days 

9 after the date on which the Secretary receives the 

10 report under subparagraph (A), the Secretary 

11 shall publish the report on a publicly accessible 

12 website of the Department of Transportation. 

13 (4) RULEMAKING.—Not later than 2 years after 

14 the date on which the Secretary receives the report 

15 under paragraph (3), the Secretary shall issue such 

16 regulations as are necessary to implement the require17 ments of section 150(f) of title 23, United States Code. 

18 (5) TERMINATION.—The Secretary shall termi19 nate the working group established pursuant to para20 graph (1) on the date on which the regulation issued 

21 pursuant to paragraph (4) takes effect. 

22 (g) TRANSPORTATION SYSTEM ACCESS DATA.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 the date on which the Secretary of Transportation es25 tablishes the measure required under section 150(f) of 


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1 title 23, United States Code, the Secretary shall de2 velop or procure eligible transportation system access 

3 data sets and analytical tools and make such data 

4 sets and analytical tools available to State depart5 ments of transportation and metropolitan planning 

6 areas that represent transportation management 

7 areas. 

8 (2) REQUIREMENTS.—An eligible transportation 

9 system access data set and analytical tool shall have 

10 the following characteristics: 

11 (A) The ability to quantify the level of safe, 

12 reliable, and convenient transportation system 

13 access to— 

14 (i) employment; 

15 (ii) services; and 

16 (iii) connections to other modes of 

17 transportation. 

18 (B) The ability to quantify transportation 

19 system access for various modes of travel, includ20 ing— 

21 (i) driving; 

22 (ii) public transportation; 

23 (iii) walking (including conveyance for 

24 persons with disabilities); and 

25 (iv) cycling (including micromobility). 


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1 (C) The ability to disaggregate the level of 

2 transportation system access by various trans3 portation modes by a variety of population cat4 egories, including— 

5 (i) low-income populations; 

6 (ii) minority populations; 

7 (iii) age; 

8 (iv) disability; and 

9 (v) geographical location. 

10 (D) The ability to assess the change in the 

11 level of transportation system access that would 

12 result from new transportation investments. 

13 (3) CONSIDERATION.—An eligible transportation 

14 system access data set and analytical tool shall take 

15 into consideration safe and connected networks for 

16 walking, cycling, and persons with disabilities. 

17 (h) DEFINITIONS.—In this section: 

18 (1) TRANSPORTATION SYSTEM ACCESS.—The 

19 term ‘‘transportation system access’’ has the meaning 

20 given such term in section 101 of title 23, United 

21 States Code. 

22 (2) SERVICES.—The term ‘‘services’’ has the 

23 meaning given such term in section 150(f) of title 23, 

24 United States Code. 


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1 SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD2 ELING STUDY. 

3 (a) STUDY.— 

4 (1) IN GENERAL.—The Secretary of Transpor5 tation shall conduct a study on transportation de6 mand data and modeling, including transportation 

7 demand forecasting. 

8 (2) CONTENTS.—In carrying out the study under 

9 this section, the Secretary shall— 

10 (A) collect observed transportation demand 

11 data and transportation demand forecasts from 

12 States and metropolitan planning organizations, 

13 including data and forecasts on— 

14 (i) traffic counts; 

15 (ii) transportation mode share and 

16 public transportation ridership; and 

17 (iii) vehicle occupancy measures; 

18 (B) compare the transportation demand 

19 forecasts with the observed transportation de20 mand data gathered under subparagraph (A); 

21 and 

22 (C) use the information described in sub23 paragraphs (A) and (B) to— 

24 (i) develop best practices and guidance 

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1 tation demand for future investments in 

2 transportation improvements; 

3 (ii) evaluate the impact of transpor4 tation investments, including new roadway 

5 capacity, on transportation behavior and 

6 transportation demand, including public 

7 transportation ridership, induced highway 

8 transportation, and congestion; 

9 (iii) support more accurate transpor10 tation demand forecasting by States and 

11 metropolitan planning organizations; 

12 (iv) enhance the capacity of States and 

13 metropolitan planning organizations to— 

14 (I) forecast transportation de15 mand; and 

16 (II) track observed transportation 

17 behavior responses, including induced 

18 transportation, to changes in transpor19 tation capacity, pricing, and land use 

20 patterns; and 

21 (v) develop transportation demand 

22 management strategies to maximize the effi23 ciency of the transportation system, im24 prove mobility, reduce congestion, and lower 

25 vehicle emissions. 


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1 (3) COVERED ENTITIES.—In carrying out the 

2 study under this section, the Secretary shall ensure 

3 that data and forecasts described in paragraph (2)(A) 

4 are collected from— 

5 (A) States; 

6 (B) metropolitan planning organizations 

7 that serve an area with a population of 200,000 

8 people or fewer; and 

9 (C) metropolitan planning organizations 

10 that serve an area with a population of over 

11 200,000 people. 

12 (4) WORKING WITH THE PRIVATE SECTOR.—In 

13 carrying out this section, the Secretary may, and is 

14 encouraged to, procure additional data as necessary 

15 from university transportation centers, private sector 

16 providers, and other entities as is needed and may 

17 use funds authorized under section 503(b) of title 23, 

18 United States Code, for carrying out this paragraph. 

19 (b) REPORT.—Not later than 2 years after the date 

20 of enactment of this Act, the Secretary shall submit to Con21 gress a report containing the findings of the study con22 ducted under subsection (a). 

23 (c) SECRETARIAL SUPPORT.—The Secretary shall seek 

24 opportunities to support the transportation planning proc25 esses under sections 134 and 135 of title 23, United States 


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1 Code, through the provision of data to States and metropoli2 tan planning organizations to improve the quality of trans3 portation plans, models, and demand forecasts. 

4 SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS5 PORTATION PLANS. 

6 Not later than 1 year after the date of enactment of 

7 this Act, the Secretary shall amend section 

8 450.324(f)(11)(v) of title 23, Code of Federal Regulations, 

9 to ensure that the outer years of a metropolitan transpor10 tation plan are defined as ‘‘beyond the first 4 years’’. 

11 Subtitle E—Federal Lands, Tribes, 

12 and Territories 

13 SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO14 GRAM. 

15 Section 165 of title 23, United States Code, is amend16 ed— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1) by striking 

19 ‘‘$158,000,000’’ and inserting ‘‘$210,000,000’’; 

20 and 

21 (B) in paragraph (2) by striking 

22 ‘‘$42,000,000’’ and inserting ‘‘$100,000,000’’; 

23 (2) in subsection (c)(6)(A)(iii) by striking ‘‘in 

24 accordance with subsections (b) and (c) of section 

25 129’’ and inserting ‘‘including such boats, facilities, 


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1 and approaches that are privately or majority-pri2 vately owned, provided that such boats, facilities, and 

3 approaches provide a substantial public benefit’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE6 TIONARY PROGRAMS.—For any program in which the Sec7 retary may allocate funds out of the Highway Trust Fund 

8 (other than the Mass Transit Account) to a State at the 

9 discretion of the Secretary, the Secretary may allocate funds 

10 to one or more territory for any project or activity that 

11 otherwise would be eligible under such program if such 

12 project or activity was being carried out in a State.’’. 

13 SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 

14 Section 202 of title 23, United States Code, is amend15 ed— 

16 (1) in subsection (d)— 

17 (A) in paragraph (1) by striking ‘‘improv18 ing deficient’’ and inserting ‘‘the construction 

19 and reconstruction of’’; 

20 (B) in paragraph (2)— 

21 (i) in subparagraph (A) by inserting 

22 ‘‘construct,’’ after ‘‘project to’’; and 

23 (ii) in subparagraph (B)— 

24 (I) by striking ‘‘deficient’’; and 


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1 (II) by inserting ‘‘in poor condi2 tion’’ after ‘‘facility bridges’’; and 

3 (C) in paragraph (3)— 

4 (i) in the heading by striking ‘‘ELIGI5 BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY

6 FOR EXISTING BRIDGES’’; 

7 (ii) by striking ‘‘a bridge’’ and insert8 ing ‘‘an existing bridge’’; and 

9 (iii) in subparagraph (C) by striking 

10 ‘‘structurally deficient or functionally obso11 lete’’ and inserting ‘‘in poor condition’’; 

12 and 

13 (2) in subsection (e) by striking ‘‘for eligible 

14 projects described in section 148(a)(4).’’ and inserting 

15 the following: ‘‘for— 

16 ‘‘(A) eligible projects described in section 

17 148(a)(4); 

18 ‘‘(B) projects to promote public awareness 

19 and education concerning highway safety mat20 ters (including bicycle, all-terrain, motorcyclist, 

21 and pedestrian safety); or 

22 ‘‘(C) projects to enforce highway safety 

23 laws.’’. 


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1 SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 

2 (a) TRIBAL TRANSPORTATION PROGRAM.—Section 202 

3 of title 23, United States Code, is amended— 

4 (1) by redesignating subsection (f) as subsection 

5 (g); and 

6 (2) by inserting after subsection (e) the following: 

7 ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 

8 Before making any distribution under subsection (b), the 

9 Secretary shall set aside $50,000,000 from the funds made 

10 available under the tribal transportation program for each 

11 fiscal year to carry out the Tribal High Priority Projects 

12 program under section 1123 of MAP–21 (23 U.S.C. 202 

13 note).’’. 

14 (b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 

15 Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend16 ed— 

17 (1) in subsection (a)(1)(C) by striking ‘‘required 

18 by that section’’ and inserting ‘‘required under such 

19 program’’; 

20 (2) in subsection (b)(1) by striking ‘‘use amounts 

21 made available under subsection (h) to’’; 

22 (3) in subsection (d)— 

23 (A) in paragraph (2) by inserting ‘‘, in 

24 consultation with the Secretary of the Interior,’’ 

25 after ‘‘The Secretary’’; and 


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1 (B) in paragraph (3) by striking ‘‘of the In2 terior’’ each place it appears; 

3 (4) in subsection (f) by striking ‘‘$1,000,000’’ 

4 and inserting ‘‘$5,000,000’’; 

5 (5) in subsection (g) by striking ‘‘and the Sec6 retary’’ and inserting ‘‘or the Secretary’’; and 

7 (6) by striking subsection (h) and inserting the 

8 following: 

9 ‘‘(h) ADMINISTRATION.—The funds made available to 

10 carry out this section shall be administered in the same 

11 manner as funds made available for the Tribal transpor12 tation program under section 202 of title 23, United States 

13 Code.’’. 

14 SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 

15 (a) IN GENERAL.—Section 203(a) of title 23, United 

16 States Code, is amended by adding at the end the following: 

17 ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR18 RIDORS.— 

19 ‘‘(A) REQUEST.—If the head of a covered 

20 agency determines that a high-commuter cor21 ridor requires additional investment, based on 

22 the criteria described in subparagraph (D), the 

23 head of a covered agency, with respect to such 

24 corridor, shall submit to the State— 


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1 ‘‘(i) information on condition of pave2 ments and bridges; 

3 ‘‘(ii) an estimate of the amounts need4 ed to bring such corridor into a state of 

5 good repair, taking into consideration any 

6 planned future investments; and 

7 ‘‘(iii) at the discretion of the head of a 

8 covered agency, a request that the State 

9 transfer to the covered agency, under the 

10 authority of section 132 or section 204, or 

11 to the Federal Highway Administration, 

12 under the authority of section 104, a por13 tion of such amounts necessary to address 

14 the condition of the corridor. 

15 ‘‘(B) STATE RESPONSE.—Not later than 45 

16 days after the date of receipt of the request de17 scribed in subparagraph (A)(iii), the State 

18 shall— 

19 ‘‘(i) approve the request; 

20 ‘‘(ii) deny the request and explain the 

21 reasons for such denial; or 

22 ‘‘(iii) request any additional informa23 tion necessary to take action on the request. 

24 ‘‘(C) NOTIFICATION TO THE SECRETARY.— 

25 The head of a covered agency shall provide to the 


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1 Secretary a copy of any request described under 

2 subparagraph (A)(iii) and response described 

3 under subparagraph (B). 

4 ‘‘(D) CRITERIA.—In making a determina5 tion under subparagraph (A), the head of a cov6 ered agency, with respect to the corridor, shall 

7 consider— 

8 ‘‘(i) the condition of roads, bridges, 

9 and tunnels; and 

10 ‘‘(ii) the average annual daily traffic. 

11 ‘‘(E) DEFINITIONS.—In this paragraph: 

12 ‘‘(i) COVERED AGENCY.—The term 

13 ‘covered agency’ means a Federal agency el14 igible to receive funds under this section or 

15 section, section 203, or section 204. 

16 ‘‘(ii) HIGH-COMMUTER CORRIDOR.— 

17 The term ‘high-commuter corridor’ means a 

18 Federal lands transportation facility that 

19 has average annual daily traffic of not less 

20 than 20,000 vehicles.’’. 

21 (b) GAO STUDY REGARDING NPS MAINTENANCE.— 

22 (1) STUDY.—The Comptroller General of the 

23 United States shall study the National Park Service 

24 maintenance prioritization of Federal lands transpor25 tation facilities. 


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1 (2) CONTENTS.—At minimum, the study under 

2 paragraph (1) shall examine— 

3 (A) general administrative maintenance of 

4 the National Park Service; 

5 (B) how the National Park Service cur6 rently prioritizes maintenance of Federal facili7 ties covered under the Federal Lands Transpor8 tation Program; 

9 (C) what kind of maintenance the National 

10 Parkway Service is performing; 

11 (D) to what degree does the National Park 

12 Service prioritize high-commuter corridors; and 

13 (E) how the National Park Service can bet14 ter service the needs of high commuter corridors. 

15 (3) REPORT.—Not later than 1 year after the 

16 date of enactment of this Act, the Comptroller General 

17 shall submit to the Committee on Transportation and 

18 Infrastructure of the House of Representatives and the 

19 Committee on Environment and Public Works of the 

20 Senate a report summarizing the study and the re21 sults of such study, including recommendations for 

22 addressing the maintenance needs and prioritization 

23 of high-commuter corridors. 

24 (4) DEFINITION OF HIGH-COMMUTER COR25 RIDOR.—In this section, the term ‘‘high-commuter 


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1 corridor’’ means a Federal lands transportation facil2 ity that has average annual daily traffic of not less 

3 than 20,000 vehicles. 

4 SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 

5 PROGRAM. 

6 (a) IN GENERAL.—Chapter 2 of title 23, United States 

7 Code, is amended by inserting after section 207 the fol8 lowing: 

9 ‘‘§ 208. Federal lands and Tribal major projects pro10 gram 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

12 a Federal lands and Tribal major projects program (re13 ferred to in this section as the ‘program’) to provide funding 

14 to construct, reconstruct, or rehabilitate critical Federal 

15 lands and Tribal transportation infrastructure. 

16 ‘‘(b) ELIGIBLE APPLICANTS.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), entities eligible to receive funds under sec19 tions 201, 202, 203, and 204 may apply for funding 

20 under the program. 

21 ‘‘(2) SPECIAL RULE.—A State, county, or unit of 

22 local government may only apply for funding under 

23 the program if sponsored by an eligible Federal land 

24 management agency or Indian Tribe. 


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1 ‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 

2 the program shall be on a Federal lands transportation fa3 cility, a Federal lands access transportation facility, or a 

4 tribal transportation facility, except that such facility is 

5 not required to be included in an inventory described in 

6 section 202 or 203, and for which— 

7 ‘‘(1) the project— 

8 ‘‘(A) has completed the activities required 

9 under the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.) which has been 

11 demonstrated through— 

12 ‘‘(i) a record of decision with respect to 

13 the project; 

14 ‘‘(ii) a finding that the project has no 

15 significant impact; or 

16 ‘‘(iii) a determination that the project 

17 is categorically excluded; or 

18 ‘‘(B) is reasonably expected to begin con19 struction not later than 18 months after the date 

20 of obligation of funds for the project; and 

21 ‘‘(2) the project has an estimated cost equal to or 

22 exceeding— 

23 ‘‘(A) $12,500,000 if it is on a Federal lands 

24 transportation facility or a Federal lands access 

25 transportation facility; and 


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1 ‘‘(B) $5,000,000 if it is on a Tribal trans2 portation facility. 

3 ‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts received 

4 for a project under this section may be used for— 

5 ‘‘(1) development phase activities, including 

6 planning, feasibility analysis, revenue forecasting, en7 vironmental review, preliminary engineering and de8 sign work, and other preconstruction activities; and 

9 ‘‘(2) construction, reconstruction, and rehabilita10 tion activities. 

11 ‘‘(e) APPLICATIONS.—Eligible applicants shall submit 

12 to the Secretary an application at such time, in such form, 

13 and containing such information as the Secretary may re14 quire. 

15 ‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 

16 select a project to receive funds under the program only if 

17 the Secretary determines that the project— 

18 ‘‘(1) improves the condition of critical transpor19 tation facilities, including multimodal facilities; 

20 ‘‘(2) cannot be easily and efficiently completed 

21 with amounts made available under section 202, 203, 

22 or 204; and 

23 ‘‘(3) is cost effective. 

24 ‘‘(g) MERIT CRITERIA.—In making a grant under this 

25 section, the Secretary shall consider whether the project— 


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1 ‘‘(1) will generate state of good repair, resilience, 

2 economic competitiveness, quality of life, mobility, or 

3 safety benefits; 

4 ‘‘(2) in the case of a project on a Federal lands 

5 transportation facility or a Federal lands access 

6 transportation facility, has costs matched by funds 

7 that are not provided under this section or this title; 

8 and 

9 ‘‘(3) generates benefits for land owned by mul10 tiple Federal land management agencies or Indian 

11 Tribes, or which spans multiple States. 

12 ‘‘(h) EVALUATION AND RATING.—To evaluate applica13 tions, the Secretary shall— 

14 ‘‘(1) determine whether a project meets the re15 quirements under subsection (f); 

16 ‘‘(2) evaluate, through a discernable and trans17 parent methodology, how each application addresses 

18 one or more merit criteria established under sub19 section (g); 

20 ‘‘(3) assign a rating for each merit criteria for 

21 each application; and 

22 ‘‘(4) consider applications only on the basis of 

23 such quality ratings and which meet the minimally 

24 acceptable level for each of the merit criteria. 

25 ‘‘(i) COST SHARE.— 


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1 ‘‘(1) FEDERAL LANDS PROJECTS.— 

2 ‘‘(A) IN GENERAL.—Notwithstanding sec3 tion 120, the Federal share of the cost of a 

4 project on a Federal lands transportation facil5 ity or a Federal lands access transportation fa6 cility shall be up to 90 percent. 

7 ‘‘(B) NON-FEDERAL SHARE.—Notwith8 standing any other provision of law, any Federal 

9 funds may be used to pay the non-Federal share 

10 of the cost of a project carried out under this sec11 tion. 

12 ‘‘(2) TRIBAL PROJECTS.—The Federal share of 

13 the cost of a project on a Tribal transportation facil14 ity shall be 100 percent. 

15 ‘‘(j) USE OF FUNDS.—For each fiscal year, of the 

16 amounts made available to carry out this section, not more 

17 than 50 percent shall be used for eligible projects on Federal 

18 lands transportation facilities or Federal lands access 

19 transportation facilities and Tribal transportation facili20 ties, respectively.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chapter 

22 2 of title 23, United States Code, is amended by inserting 

23 after the item relating to section 207 the following new item: 

‘‘208. Federal lands and Tribal major projects program.’’. 

24 (c) REPEAL.—Section 1123 of the FAST Act (23 

25 U.S.C. 201 note), and the item related to such section in 


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1 the table of contents under section 1(b) of such Act, are re2 pealed. 

3 SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 

4 Section 102 of title 49, United States Code, is amend5 ed— 

6 (1) in subsection (e)(1)— 

7 (A) by striking ‘‘6 Assistant’’ and inserting 

8 ‘‘7 Assistant’’; 

9 (B) in subparagraph (C) by striking ‘‘; 

10 and’’ and inserting a semicolon; 

11 (C) by redesignating subparagraph (D) as 

12 subparagraph (E); and 

13 (D) by inserting after subparagraph (C) the 

14 following: 

15 ‘‘(D) an Assistant Secretary for Tribal Gov16 ernment Affairs, who shall be appointed by the 

17 President; and’’; and 

18 (2) in subsection (f)— 

19 (A) in the heading by striking ‘‘DEPUTY

20 ASSISTANT SECRETARY FOR TRIBAL GOVERN21 MENT AFFAIRS’’ and inserting ‘‘OFFICE OF

22 TRIBAL GOVERNMENT AFFAIRS’’; and 

23 (B) by striking paragraph (1) and inserting 

24 the following: 


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1 ‘‘(1) ESTABLISHMENT.—There is established in 

2 the Department an Office of Tribal Government Af3 fairs, under the Assistant Secretary for Tribal Gov4 ernment Affairs, to— 

5 ‘‘(A) oversee the Tribal transportation self6 governance program under section 207 of title 

7 23; 

8 ‘‘(B) plan, coordinate, and implement poli9 cies and programs serving Indian Tribes and 

10 Tribal organizations; 

11 ‘‘(C) coordinate Tribal transportation pro12 grams and activities in all offices and adminis13 trations of the Department; 

14 ‘‘(D) provide technical assistance to Indian 

15 Tribes and Tribal organizations; and 

16 ‘‘(E) be a participant in any negotiated 

17 rulemakings relating to, or having an impact on, 

18 projects, programs, or funding associated with 

19 the tribal transportation program under section 

20 202 of title 23.’’. 

21 SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 

22 (a) LAND MANAGEMENT AGENCIES AND TRIBAL GOV23 ERNMENTS.—Section 201 of title 23, United States Code, 

24 is amended by adding at the end the following: 

25 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, the Secretary may use a contracting 

3 method available to a State under this title on behalf 

4 of— 

5 ‘‘(A) a Federal land management agency, 

6 with respect to any funds available pursuant to 

7 section 203 or 204; 

8 ‘‘(B) a Federal land management agency, 

9 with respect to any funds available pursuant to 

10 section 1535 of title 31 for any eligible use de11 scribed in sections 203(a)(1) and 204(a)(1) of 

12 this title; or 

13 ‘‘(C) a Tribal Government, with respect to 

14 any funds available pursuant to section 

15 202(b)(7)(D). 

16 ‘‘(2) METHODS DESCRIBED.—The contracting 

17 methods referred to in paragraph (1) shall include, at 

18 a minimum— 

19 ‘‘(A) project bundling; 

20 ‘‘(B) bridge bundling; 

21 ‘‘(C) design-build contracting; 

22 ‘‘(D) 2-phase contracting; 

23 ‘‘(E) long-term concession agreements; and 

24 ‘‘(F) any method tested, or that could be 

25 tested, under an experimental program relating 


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1 to contracting methods carried out by the Sec2 retary. 

3 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection— 

5 ‘‘(A) affects the application of the Federal 

6 share for a project carried out with a contracting 

7 method under this subsection; or 

8 ‘‘(B) modifies the point of obligation of Fed9 eral salaries and expenses.’’. 

10 (b) USE OF ALTERNATIVE CONTRACTING METHOD.— 

11 In carrying out the amendments made by this section, the 

12 Secretary shall— 

13 (1) in consultation with the applicable Federal 

14 land management agencies, establish procedures that 

15 are— 

16 (A) applicable to each alternative con17 tracting method; and 

18 (B) to the maximum extent practicable, 

19 consistent with requirements for Federal procure20 ment transactions; 

21 (2) solicit input on the use of each alternative 

22 contracting method from any affected industry prior 

23 to using such method; and 

24 (3) analyze and prepare an evaluation of the use 

25 of each alternative contracting method. 


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1 SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 

2 (a) IN GENERAL.—The Commissioner of the Bureau 

3 of Reclamation may transfer ownership of a bridge that is 

4 owned by the Bureau of Reclamation if— 

5 (1) the ownership of the bridge is transferred to 

6 a State with the concurrence of such State; 

7 (2) the State to which ownership is transferred 

8 agrees to operate and maintain the bridge; 

9 (3) the transfer of ownership complies with all 

10 applicable Federal requirements, including— 

11 (A) section 138 of title 23, United States 

12 Code; 

13 (B) section 306108 of title 54, United States 

14 Code; and 

15 (C) the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.); and 

17 (4) the Bureau of Reclamation and the State to 

18 which ownership is being transferred jointly notify 

19 the Secretary of Transportation of the intent to con20 duct a transfer prior to such transfer. 

21 (b) ACCESS.—In a transfer of ownership of a bridge 

22 under this section, the Commissioner of the Bureau of Rec23 lamation— 

24 (1) shall not be required to transfer ownership of 

25 the land on which the bridge is located or any adja26 cent lands; and 


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1 (2) shall make arrangements with the State to 

2 which ownership is being transferred to allow for ade3 quate access to such bridge, including for the purposes 

4 of construction, maintenance, and bridge inspections 

5 pursuant to section 144 of title 23, United States 

6 Code. 

7 SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN8 DIAN TRIBES. 

9 Not later than January 31 of each year, the Secretary 

10 of Transportation shall submit to the Committee on Trans11 portation and Infrastructure of the House of Representa12 tives and the Committee on Environment and Public Works 

13 of the Senate a report that— 

14 (1) identifies the number of Indian Tribes that 

15 were direct recipients of funds under any discre16 tionary Federal highway, transit, or highway safety 

17 program in the prior fiscal year; 

18 (2) lists the total amount of such funds made 

19 available directly to such Tribes; 

20 (3) identifies the number and location of Indian 

21 Tribes that were indirect recipients of funds under 

22 any formula-based Federal highway, transit, or high23 way safety program in the prior fiscal year; and 

24 (4) lists the total amount of such funds made 

25 available indirectly to such tribes through states or 


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1 other direct recipients of Federal highway, transit or 

2 highway safety funding. 

3 SEC. 1510. GAO STUDY. 

4 (a) IN GENERAL.—The Comptroller General of the 

5 United States shall conduct a study on the deferred mainte6 nance of United States forest roads, including— 

7 (1) the current backlog; 

8 (2) the current actions on such maintenance and 

9 backlog; 

10 (3) the impacts of public safety due to such de11 ferred maintenance; and 

12 (4) recommendations for Congress on ways to 

13 address such backlog. 

14 (b) REPORT.—Not later than 1 year after the date of 

15 enactment of this Act, the Comptroller General of the United 

16 States shall submit to the Committee on Transportation 

17 and Infrastructure of the House of Representatives and the 

18 Committee on Environment and Public Works of the Senate 

19 a report containing the results of the study conducted under 

20 subsection (a). 

21 Subtitle F—Additional Provisions 

22 SEC. 1601. VISION ZERO. 

23 (a) IN GENERAL.—A local government, metropolitan 

24 planning organization, or regional transportation planning 

25 organization may develop and implement a vision zero 


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1 plan to significantly reduce or eliminate transportation-re2 lated fatalities and serious injuries within a specified time3 frame, not to exceed 20 years. 

4 (b) USE OF FUNDS.—Amounts apportioned to a State 

5 under paragraph (2) or (3) of section 104(b) of title 23, 

6 United States Code, may be used to carry out a vision zero 

7 plan under this section. 

8 (c) CONTENTS OF PLAN.—A vision zero plan under 

9 this section shall include— 

10 (1) a description of programs, strategies, or poli11 cies intended to significantly reduce or eliminate 

12 transportation-related fatalities and serious injuries 

13 within a specified timeframe, not to exceed 20 years, 

14 that is consistent with a State strategic highway safe15 ty plan and uses existing transportation data and 

16 consideration of risk factors; 

17 (2) plans for implementation of, education of the 

18 public about, and enforcement of such programs, 

19 strategies, or policies; 

20 (3) a description of how such programs, strate21 gies, or policies, and the enforcement of such pro22 grams, strategies, or policies will— 

23 (A) equitably invest in the safety needs of 

24 low-income and minority communities; 


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1 (B) ensure that such communities are not 

2 disproportionately targeted by law enforcement; 

3 and 

4 (C) protect the rights of members of such 

5 communities with respect to title VI of the Civil 

6 Rights Act of 1964 (42 U.S.C. 2000d et seq.); 

7 and 

8 (4) a description of a mechanism to evaluate 

9 progress of the development and implementation of 

10 the plan, including the gathering and use of transpor11 tation safety and demographic data. 

12 (d) INCLUSIONS.—A vision zero plan may include a 

13 complete streets prioritization plan that identifies a specific 

14 list of projects to— 

15 (1) create a connected network of active trans16 portation facilities, including sidewalks, bikeways, or 

17 pedestrian and bicycle trails, to connect communities 

18 and provide safe, reliable, affordable, and convenient 

19 access to employment, housing, and services, con20 sistent with the goals described in section 150(b) of 

21 title 23, United States Code; 

22 (2) integrate active transportation facilities with 

23 public transportation service or improve access to 

24 public transportation; and 


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1 (3) improve transportation options for low-in2 come and minority communities. 

3 (e) COORDINATION.—A vision zero plan under this sec4 tion shall provide for coordination of various subdivisions 

5 of a unit of local government in the implementation of the 

6 plan, including subdivisions responsible for law enforce7 ment, public health, data collection, and public works. 

8 (f) SAFETY PERFORMANCE MANAGEMENT.—A vision 

9 zero plan under this section is not sufficient to demonstrate 

10 compliance with the safety performance or planning re11 quirements of section 148 or 150 of title 23, United States 

12 Code. 

13 SEC. 1602. SPEED LIMITS. 

14 (a) SPEED LIMITS.—The Secretary of Transportation 

15 shall revise the Manual on Uniform Traffic Control Devices 

16 to provide for a safe system approach to setting speed lim17 its, consistent with the safety recommendations issued by 

18 the National Transportation Safety Board on August 15, 

19 2017, numbered H–17–27 and H–17–028. 

20 (b) CONSIDERATIONS.—In carrying out subparagraph 

21 (A), the Secretary shall consider— 

22 (1) crash statistics; 

23 (2) road geometry characteristics; 

24 (3) roadside characteristics; 

25 (4) traffic volume; 


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1 (5) the possibility and likelihood of human error; 

2 (6) human injury tolerance; 

3 (7) the prevalence of vulnerable road users; and 

4 (8) any other consideration, consistent with a 

5 safe system approach, as determined by the Secretary. 

6 (c) REPORT ON SPEED MANAGEMENT PROGRAM

7 PLAN.—Not later than 1 year after the date of enactment 

8 of this Act, the Secretary shall update and report on the 

9 implementation progress of the Speed Management Pro10 gram Plan of the Department of Transportation, as de11 scribed in the safety recommendation issued by the National 

12 Transportation Safety Board on August 15, 2017, num13 bered H–17–018. 

14 (d) DEFINITIONS.—In this section, the terms ‘‘safe sys15 tem approach’’ and ‘‘vulnerable road user’’ have the mean16 ings given such terms in section 148(a) of title 23, United 

17 States Code. 

18 SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT. 

19 (a) DEFINITIONS.—In this section: 

20 (1) APPROPRIATE STATE AGENCY.—The term 

21 ‘‘appropriate State agency’’ means a State govern22 mental agency that is recognized by the executive 

23 branch of the State as having the experience necessary 

24 to evaluate and facilitate the installation and oper25 ation of broadband infrastructure within the State. 


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1 (2) BROADBAND.—The term ‘‘broadband’’ has 

2 the meaning given the term ‘‘advanced telecommuni3 cations capability’’ in section 706 of the Tele4 communications Act of 1996 (47 U.S.C. 1302). 

5 (3) BROADBAND CONDUIT.—The term 

6 ‘‘broadband conduit’’ means a conduit or innerduct 

7 for fiber optic cables (or successor technology of great8 er quality and speed) that supports the provision of 

9 broadband. 

10 (4) BROADBAND INFRASTRUCTURE.—The term 

11 ‘‘broadband infrastructure’’ means any buried or un12 derground facility and any wireless or wireline con13 nection that enables the provision of broadband. 

14 (5) BROADBAND PROVIDER.—The term 

15 ‘‘broadband provider’’ means an entity that provides 

16 broadband to any person or facilitates provision of 

17 broadband to any person, including, with respect to 

18 such entity— 

19 (A) a corporation, company, association, 

20 firm, partnership, nonprofit organization, or 

21 any other private entity; 

22 (B) a State or local broadband provider; 

23 (C) an Indian Tribe; and 


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1 (D) a partnership between any of the enti2 ties described in subparagraphs (A), (B), and 

3 (C). 

4 (6) COVERED HIGHWAY CONSTRUCTION

5 PROJECT.— 

6 (A) IN GENERAL.—The term ‘‘covered high7 way construction project’’ means, without regard 

8 to ownership of a highway, a project to construct 

9 a new highway or an additional lane for an ex10 isting highway, to reconstruct an existing high11 way, or new construction, including for a paved 

12 shoulder. 

13 (B) EXCLUSIONS.—The term ‘‘covered high14 way construction project’’ excludes any project— 

15 (i) awarded before the date on which 

16 regulations required under subsection (b) 

17 take effect; 

18 (ii) that does not include work beyond 

19 the edge of pavement or current paved 

20 shoulder; or 

21 (iii) that does not require excavation. 

22 (7) DIG ONCE REQUIREMENT.—The term ‘‘dig 

23 once requirement’’ means a requirement designed to 

24 reduce the cost and accelerate the deployment to 

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1 peated excavations for the installation and mainte2 nance of broadband conduit or broadband infrastruc3 ture in rights-of-way. 

4 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

5 has the meaning given such term in section 4(e) of the 

6 Indian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 5304(e)). 

8 (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 

9 Administrator’’ means the Assistant Secretary of 

10 Commerce for Communications and Information. 

11 (10) PROJECT.—The term ‘‘project’’ has the 

12 meaning given such term in section 101 of title 23, 

13 United States Code. 

14 (11) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Transportation. 

16 (12) STATE.—The term ‘‘State’’ has the meaning 

17 given such term in section 401 of title 23, United 

18 States Code. 

19 (13) STATE OR LOCAL BROADBAND PROVIDER.— 

20 The term ‘‘State or local broadband provider’’ means 

21 a State or political subdivision thereof, or any agen22 cy, authority, or instrumentality of a State or polit23 ical subdivision thereof, that provides broadband to 

24 any person or facilitates the provision of broadband 

25 to any person in that State. 


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1 (14) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

2 government’’ means the recognized governing body of 

3 an Indian Tribe or any agency, authority, or instru4 mentality of such governing body or such Indian 

5 Tribe. 

6 (b) DIG ONCE REQUIREMENT.—To facilitate the in7 stallation of broadband infrastructure, the Secretary shall, 

8 not later than 9 months after the date of enactment of this 

9 Act, promulgate regulations to ensure that each State that 

10 receives funds under chapter 1 of title 23, United States 

11 Code, meets the following requirements: 

12 (1) BROADBAND PLANNING.—The State depart13 ment of transportation, in consultation with appro14 priate State agencies, shall— 

15 (A) identify a broadband coordinator, who 

16 may have additional responsibilities in the State 

17 department of transportation or in another State 

18 agency, that is responsible for facilitating the 

19 broadband infrastructure right-of-way efforts 

20 within the State; and 

21 (B) review existing State broadband plans, 

22 including existing dig once requirements of the 

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1 nate projects occurring within or across highway 

2 rights-of-way with planned broadband infra3 structure projects. 

4 (2) NOTICE OF PLANNED CONSTRUCTION FOR

5 BROADBAND PROVIDERS.— 

6 (A) NOTICE.—The State department of 

7 transportation, in consultation with appropriate 

8 State agencies, shall establish a process— 

9 (i) for the registration of broadband 

10 providers that seek to be included in the ad11 vance notification of, and opportunity to 

12 participate in, broadband infrastructure 

13 right-of-way facilitation efforts within the 

14 State; and 

15 (ii) to electronically notify all 

16 broadband providers registered under clause 

17 (i)— 

18 (I) of the State transportation im19 provement program on at least an an20 nual basis; and 

21 (II) of projects within the high22 way right-of-way for which Federal 

23 funding is expected to be obligated in 

24 the subsequent fiscal year. 


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1 (B) WEBSITE.—A State department of 

2 transportation shall be considered to meet the re3 quirements of subparagraph (A) if such State de4 partment of transportation publishes on a public 

5 website— 

6 (i) the State transportation improve7 ment program on at least an annual basis; 

8 and 

9 (ii) projects within the highway right10 of-way for which Federal funding is ex11 pected to be obligated in the subsequent fis12 cal year. 

13 (C) COORDINATION.—The State department 

14 of transportation, in consultation with appro15 priate State agencies, shall establish a process for 

16 a broadband provider to commit to installing 

17 broadband conduit or broadband infrastructure 

18 as part of any project. 

19 (3) REQUIRED INSTALLATION OF CONDUIT.— 

20 (A) IN GENERAL.—The State department of 

21 transportation shall install broadband conduit, 

22 in accordance with this paragraph, except as de23 scribed in subparagraph (F), as part of any cov24 ered highway construction project, unless a 

25 broadband provider has committed to install 


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1 broadband conduit or broadband infrastructure 

2 as part of such project in a process described 

3 under paragraph (2)(C). 

4 (B) INSTALLATION REQUIREMENTS.—The 

5 State department of transportation shall ensure 

6 that— 

7 (i) an appropriate number of 

8 broadband conduits, as determined in con9 sultation with the appropriate State agen10 cies, are installed along the highway of a 

11 covered highway construction project to ac12 commodate multiple broadband providers, 

13 with consideration given to the availability 

14 of existing conduits; 

15 (ii) the size of each such conduit is 

16 consistent with industry best practices and 

17 is sufficient to accommodate potential de18 mand, as determined in consultation with 

19 the appropriate State agencies; 

20 (iii) hand holes and manholes nec21 essary for fiber access and pulling with re22 spect to such conduit are placed at intervals 

23 consistent with standards determined in 

24 consultation with the appropriate State 

25 agencies (which may differ by type of road, 


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1 topologies, and rurality) and consistent 

2 with safety requirements; 

3 (iv) each broadband conduit installed 

4 pursuant to this paragraph includes a pull 

5 tape and is capable of supporting fiber 

6 optic cable placement techniques consistent 

7 with best practices; and 

8 (v) is placed at a depth consistent with 

9 requirements of the covered highway con10 struction project and best practices and 

11 that, in determining the depth of placement, 

12 consideration is given to the location of ex13 isting utilities and cable separation require14 ments of State and local electrical codes. 

15 (C) GUIDANCE FOR THE INSTALLATION OF

16 BROADBAND CONDUIT.—The Secretary, in con17 sultation with the NTIA Administrator, shall 

18 issue guidance for best practices related to the 

19 installation of broadband conduit as described in 

20 this paragraph and of conduit and similar in21 frastructure for intelligent transportation sys22 tems (as such term is defined in section 501 of 

23 title 23, United States Code) that may utilize 

24 broadband conduit installed pursuant to this 

25 paragraph. 


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1 (D) ACCESS.— 

2 (i) IN GENERAL.—The State depart3 ment of transportation shall ensure that 

4 any requesting broadband provider has ac5 cess to each broadband conduit installed 

6 pursuant to this paragraph, on a competi7 tively neutral and nondiscriminatory basis, 

8 and in accordance with State permitting, 

9 licensing, leasing, or other similar laws and 

10 regulations. 

11 (ii) FEE SCHEDULE.—The State de12 partment of transportation, in consultation 

13 with appropriate State agencies, shall pub14 lish a fee schedule for a broadband provider 

15 to access conduit installed pursuant to this 

16 paragraph. Fees in such schedule— 

17 (I) shall be consistent with the fees 

18 established pursuant to section 224 of 

19 the Communications Act of 1934 (47 

20 U.S.C. 224); 

21 (II) may vary by topography, lo22 cation, type of road, rurality, and 

23 other factors in the determination of 

24 the State; and 


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1 (III) may be updated not more 

2 frequently than annually. 

3 (iii) IN-KIND COMPENSATION.—The 

4 State department of transportation may ne5 gotiate in-kind compensation with any 

6 broadband provider requesting access to 

7 broadband conduit installed under the pro8 visions of this paragraph as a replacement 

9 for part or all of, but not to exceed, the rel10 evant fee in the fee schedule described in 

11 clause (ii). 

12 (iv) SAFETY CONSIDERATIONS.—The 

13 State department of transportation shall re14 quire of broadband providers a process for 

15 safe access to the highway right-of-way dur16 ing installation and on-going maintenance 

17 of the broadband fiber optic cables including 

18 a traffic control safety plan. 

19 (v) COMMUNICATION.—A broadband 

20 provider with access to the conduit installed 

21 pursuant to this subsection shall notify and 

22 receive permission from the relevant agen23 cies of State responsible for the installation 

24 of such broadband conduit prior to access25 ing any highway or highway right-of-way, 


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1 in accordance with applicable Federal re2 quirements. 

3 (E) TREATMENT OF PROJECTS.—Notwith4 standing any other provision of law, broadband 

5 conduit and broadband infrastructure installa6 tion projects under this paragraph shall comply 

7 with section 113(a) of title 23, United States 

8 Code. 

9 (F) WAIVER AUTHORITY.— 

10 (i) IN GENERAL.—A State department 

11 of transportation may waive the required 

12 installation of broadband conduit for part 

13 or all of any covered highway construction 

14 project under this paragraph if, in the de15 termination of the State— 

16 (I) broadband infrastructure, ter17 restrial broadband infrastructure, aer18 ial broadband fiber cables, or 

19 broadband conduit is present near a 

20 majority of the length of the covered 

21 highway construction project; 

22 (II) the installation of conduit in23 creases overall costs of a covered high24 way construction project by 1.5 percent 

25 or greater; 


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1 (III) the installation of broadband 

2 conduit associated with covered high3 way construction project will not be 

4 utilized or connected to future 

5 broadband infrastructure in the next 

6 20 years, in the determination of the 

7 State department of transportation, in 

8 consultation with appropriate State 

9 agencies and potentially affected local 

10 governments and Tribal governments; 

11 (IV) the requirements of this 

12 paragraph would require installation 

13 of conduit redundant with a dig once 

14 requirement of a local or Tribal gov15 ernment; 

16 (V) there exists a circumstance in17 volving force majeure; or 

18 (VI) other relevant factors, as de19 termined by the Secretary in consulta20 tion with the NTIA Administrator 

21 through regulation, warrant a waiver. 

22 (ii) CONTENTS OF WAIVER.—A waiver 

23 authorized under this subparagraph shall— 

24 (I) identify the covered highway 

25 construction project; and 


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1 (II) include a brief description of 

2 the determination of the State for 

3 issuing such waiver. 

4 (iii) AVAILABILITY OF WAIVER.—A 

5 waiver authorized under this subparagraph 

6 shall be included in the plans, specifica7 tions, and estimates for the associated 

8 project, as long as such info is publicly 

9 available. 

10 (4) PRIORITY.—If a State provides for the in11 stallation of broadband infrastructure or broadband 

12 conduit in the right-of-way of an applicable project 

13 under this subsection, the State department of trans14 portation, along with appropriate State agencies, 

15 shall carry out appropriate measures to ensure that 

16 any existing broadband providers are afforded equal 

17 opportunity access, as compared to other broadband 

18 providers, with respect to the program under this sub19 section. 

20 (5) CONSULTATION.— 

21 (A) IN GENERAL.—In promulgating regula22 tions required by this subsection or to implement 

23 any part of this section, the Secretary shall con24 sult— 

25 (i) the NTIA Administrator; 


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1 (ii) the Federal Communications Com2 mission; 

3 (iii) State departments of transpor4 tation; 

5 (iv) appropriate State agencies; 

6 (v) agencies of local governments re7 sponsible for transportation and rights-of8 way, utilities, and telecommunications and 

9 broadband; 

10 (vi) Tribal governments; 

11 (vii) broadband providers; and 

12 (viii) manufacturers of optical fiber, 

13 conduit, pull tape, and related items. 

14 (B) BROADBAND USERS.—The Secretary 

15 shall ensure that the entities consulted under 

16 clauses (iii) through (vi) of subparagraph (A) in17 clude rural areas and populations with limited 

18 access to broadband infrastructure. 

19 (C) BROADBAND PROVIDERS.—The Sec20 retary shall ensure that the entities consulted 

21 under clause (vii) of subparagraph (A) include 

22 entities who provide broadband to rural areas 

23 and populations with limited access to 

24 broadband infrastructure. 

25 (6) PROHIBITION ON UNFUNDED MANDATE.— 


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1 (A) IN GENERAL.—This subsection shall 

2 apply only to projects for which Federal obliga3 tions or expenditures are initially approved on 

4 or after the date regulations required under this 

5 subsection take effect. 

6 (B) NO MANDATE.—Absent an available 

7 and dedicated Federal source of funding— 

8 (i) nothing in this subsection estab9 lishes a mandate or requirement that a 

10 State install broadband conduit in a high11 way right-of-way; and 

12 (ii) nothing in paragraph (3) shall es13 tablish any requirement for a State. 

14 (7) RULES OF CONSTRUCTION.— 

15 (A) STATE LAW.—Nothing in this sub16 section shall be construed to require a State to 

17 install or allow the installation of broadband 

18 conduit or broadband infrastructure— 

19 (i) that is otherwise inconsistent with 

20 what is allowable under State law; or 

21 (ii) where the State lacks the authority 

22 or property easement necessary for such in23 stallation. 

24 (B) NO REQUIREMENT FOR INSTALLATION

25 OF MOBILE SERVICES EQUIPMENT.—Nothing in 


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1 this section shall be construed to require a State, 

2 a municipal government incorporated under 

3 State law, or an Indian Tribe to install or allow 

4 for the installation of equipment essential for the 

5 provision of commercial mobile services (as de6 fined in section 332(d) of the Communications 

7 Act of 1934 (47 U.S.C. 332(d))) or commercial 

8 mobile data service (as defined in section 6001 

9 of the Middle Class Tax Relief and Job Creation 

10 Act of 2012 (47 U.S.C. 1401)), other than 

11 broadband conduit and associated equipment de12 scribed in paragraph (3)(B). 

13 (c) RELATION TO STATE DIG ONCE REQUIREMENTS.— 

14 Nothing in subsection (b) or any regulations promulgated 

15 under subsection (b) shall be construed to alter or supersede 

16 any provision of a State law or regulation that provides 

17 for a dig once requirement that includes similar or more 

18 stringent requirements to the provisions of subsection (b) 

19 and any regulations promulgated under subsection (b). 

20 (d) DIG ONCE FUNDING TASK FORCE.— 

21 (1) ESTABLISHMENT.—There is established an 

22 independent task force on funding the nationwide dig 

23 once requirement described in this section to be known 

24 as the ‘‘Dig Once Funding Task Force’’ (hereinafter 

25 referred to as the ‘‘Task Force’’). 


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1 (2) DUTIES.—The duties of the Task Force shall 

2 be to— 

3 (A) estimate the annual cost for imple4 menting and administering a nationwide dig 

5 once requirement; and 

6 (B) propose and evaluate options for fund7 ing a nationwide dig once requirement described 

8 in this section that includes— 

9 (i) a discussion of the role and poten10 tial share of costs of— 

11 (I) the Federal Government; 

12 (II) State, local, and Tribal gov13 ernments; and 

14 (III) broadband providers; and 

15 (ii) consideration of the role of existing 

16 dig once requirements of State, local, and 

17 Tribal governments and private broadband 

18 investment, with a goal to not discourage or 

19 disincentivize such dig once requirements or 

20 such investment. 

21 (3) REPORTS.— 

22 (A) INTERIM REPORT AND BRIEFING.—Not 

23 later than 9 months after the date of enactment 

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1 terim report to Congress and provide briefings 

2 for Congress on the findings of the Task Force. 

3 (B) FINAL REPORT.—Not later than 12 

4 months after the date of enactment of this Act, 

5 the Task Force shall submit a final report to 

6 Congress on the findings of the Task Force. 

7 (4) MEMBERS.— 

8 (A) APPOINTMENTS.—The Task Force shall 

9 consist of 14 members, consisting of— 

10 (i) the 2 co-chairs described in sub11 paragraph (B); 

12 (ii) 6 members jointly appointed by 

13 the Speaker and minority leader of the 

14 House of Representatives, in consultation 

15 with the respective Chairs and Ranking 

16 Members of the— 

17 (I) the Committee on Transpor18 tation and Infrastructure of the House 

19 of Representatives; 

20 (II) the Committee on Energy and 

21 Commerce of the House of Representa22 tives; and 

23 (III) the Committee on Appro24 priations of the House of Representa25 tives; and 


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1 (iii) 6 members jointly appointed by 

2 the majority leader and minority leader of 

3 the Senate, in consultation with the respec4 tive Chairs and Ranking Members of the— 

5 (I) the Committee on Environ6 ment and Public Works of the Senate; 

7 (II) the Committee on Commerce, 

8 Science, and Transportation of the 

9 Senate; and 

10 (III) the Committee on Appro11 priations of the Senate. 

12 (B) CO-CHAIRS.—The Task Force shall be 

13 co-chaired by the Secretary and the NTIA Ad14 ministrator, or their designees. 

15 (C) COMPOSITION.—The Task Force shall 

16 include at least— 

17 (i) 1 representative from a State de18 partment of transportation; 

19 (ii) 1 representative from a local gov20 ernment; 

21 (iii) 1 representative from a Tribal 

22 government; 

23 (iv) 1 representative from a broadband 

24 provider; 


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1 (v) 1 representative from a State or 

2 local broadband provider; 

3 (vi) 1 representative from a labor 

4 union; and 

5 (vii) 1 representative from a public in6 terest organization. 

7 (D) APPOINTMENT DEADLINE.—Members 

8 shall be appointed to the Task Force not later 

9 than 60 days after the date of enactment of this 

10 Act. 

11 (E) EFFECT OF LACK OF APPOINTMENT BY

12 APPOINTMENT DATE.—If 1 or more appoint13 ments required under subparagraph (A) is not 

14 made by the appointment date specified in sub15 paragraph (D), the authority to make such ap16 pointment or appointments shall expire and the 

17 number of members of the Task Force shall be re18 duced by the number equal to the number of ap19 pointments so expired. 

20 (F) TERMS.—Members shall be appointed 

21 for the life of the Task Force. A vacancy in the 

22 Task Force shall not affect its powers and shall 

23 be filled in the same manner as the initial ap24 pointment was made. 


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1 (5) CONSULTATIONS.—In carrying out the duties 

2 required under this subsection, the Task Force shall 

3 consult, at a minimum— 

4 (A) the Federal Communications Commis5 sion; 

6 (B) agencies of States including— 

7 (i) State departments of transpor8 tation; and 

9 (ii) appropriate State agencies; 

10 (C) agencies of local governments respon11 sible for transportation and rights of way, utili12 ties, and telecommunications and broadband; 

13 (D) Tribal governments; 

14 (E) broadband providers and other tele15 communications providers; 

16 (F) labor unions; and 

17 (G) State or local broadband providers and 

18 Tribal governments that act as broadband pro19 viders. 

20 (6) ADDITIONAL PROVISIONS.— 

21 (A) EXPENSES FOR NON-FEDERAL MEM22 BERS.—Non-Federal members of the Task Force 

23 shall be allowed travel expenses, including per 

24 diem in lieu of subsistence, at rates authorized 

25 for employees under subchapter I of chapter 57 


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1 of title 5, United States Code, while away from 

2 their homes or regular places of business in the 

3 performance of services for the Task Force. 

4 (B) STAFF.—Staff of the Task Force shall 

5 comprise detailees with relevant expertise from 

6 the Department of Transportation and the Na7 tional Telecommunications and Information Ad8 ministration, or another Federal agency the co9 chairpersons consider appropriate, with the con10 sent of the head of the Federal agency, and such 

11 detailee shall retain the rights, status, and privi12 leges of his or her regular employment without 

13 interruption. 

14 (C) ADMINISTRATIVE ASSISTANCE.—The 

15 Secretary and NTIA Administrator shall provide 

16 to the Task Force on a reimbursable basis ad17 ministrative support and other services for the 

18 performance of the functions of the Task Force. 

19 (7) TERMINATION.—The Task Force shall termi20 nate not later than 90 days after issuance of the final 

21 report required under paragraph (3)(B). 

22 SEC. 1604. BALANCE EXCHANGES FOR INFRASTRUCTURE 

23 PROGRAM. 

24 (a) IN GENERAL.—Chapter 1 of title 23, United States 

25 Code, is further amended by adding at the end the following: 


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1 ‘‘§ 174. Balance Exchanges for Infrastructure Pro2 gram 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) ADMINISTRATIVELY ALLOCATED.—The term 

5 ‘administratively allocated’ means the allocation by 

6 the Secretary of budget authority for a project under 

7 the TIFIA program that occurs when— 

8 ‘‘(A) a potential applicant has been invited 

9 into the creditworthiness phase for a project 

10 under the TIFIA program; or 

11 ‘‘(B) the project is subject to a master credit 

12 agreement (as defined in section 601(a)), in ac13 cordance with section 602(b)(2). 

14 ‘‘(2) APPALACHIAN STATE.—The term ‘Appa15 lachian State’ means a State that contains 1 or more 

16 counties in the Appalachian region (as defined in sec17 tion 14102(a) of title 40). 

18 ‘‘(3) PROGRAM.—The term ‘program’ means the 

19 Balance Exchanges for Infrastructure Program estab20 lished under subsection (b). 

21 ‘‘(4) TIFIA CARRYOVER BALANCE.— 

22 ‘‘(A) IN GENERAL.—The term ‘TIFIA car23 ryover balance’ means the amounts made avail24 able for the TIFIA program for previous fiscal 

25 years that are unobligated and have not been ad26 ministratively allocated. 


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1 ‘‘(B) INCLUSION.—The term ‘TIFIA carry2 over balance’ includes— 

3 ‘‘(i) the applicable amount of contract 

4 authority for the amounts described in sub5 paragraph (A); and 

6 ‘‘(ii) the equivalent amount of obliga7 tion limitation for the fiscal year in which 

8 the Secretary makes a transfer under sub9 section (f)(2). 

10 ‘‘(5) TIFIA PROGRAM.—The term ‘TIFIA pro11 gram’ has the meaning given the term in section 

12 601(a). 

13 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish 

14 a program, to be known as the ‘Balance Exchanges for In15 frastructure Program’, in accordance with this section to 

16 provide flexibility for the Secretary and States to improve 

17 highway infrastructure. 

18 ‘‘(c) OFFER TO FUND PROJECTS OR EXCHANGE

19 FUNDS.— 

20 ‘‘(1) SOLICITATION.—For each fiscal year for 

21 which an amount is reserved under subsection (f)(1), 

22 the Secretary shall— 

23 ‘‘(A) not later than December 1 of that fis24 cal year— 


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1 ‘‘(i) solicit requests from Appalachian 

2 States to return amounts under subsection 

3 (d)(1)(A); and 

4 ‘‘(ii) solicit applications from Appa5 lachian States for grants under subsection 

6 (e); and 

7 ‘‘(B) require that, not later than 60 days 

8 after the date of the solicitations under subpara9 graph (A), each Appalachian State that elects to 

10 participate in the program shall submit to the 

11 Secretary either— 

12 ‘‘(i) a request that describes the 

13 amount that the Appalachian State requests 

14 to return under subsection (d)(1)(A); or 

15 ‘‘(ii) an application for a grant under 

16 subsection (e). 

17 ‘‘(d) EXCHANGE AGREEMENTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall enter 

19 into an agreement with each Appalachian State that 

20 submits a request under subsection (c)(1)(A)(i) under 

21 which— 

22 ‘‘(A) the Appalachian State shall return to 

23 the Secretary all, or at the discretion of the Ap24 palachian State, a portion of, the unobligated 

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1 ing the applicable amount of contract authority 

2 and an equal amount of special no-year obliga3 tion limitation associated with that contract au4 thority) apportioned to the Appalachian State 

5 for the Appalachian development highway sys6 tem under section 14501 of title 40 (but not in7 cluding any amounts made available by an ap8 propriations Act without an initial authoriza9 tion); and 

10 ‘‘(B) the Secretary shall transfer to the Ap11 palachian State, from amounts transferred to the 

12 program under subsection (f)(2) for that fiscal 

13 year, an amount (including the applicable 

14 amount of contract authority and an equal 

15 amount of annual obligation limitation) equal to 

16 the amount that the Appalachian State returned 

17 under subparagraph (A) that shall be used to 

18 carry out projects described in paragraph (3). 

19 ‘‘(2) STATE LIMITATION.—The amount of con20 tract authority returned by an Appalachian State 

21 under paragraph (1)(A) may not exceed the amount 

22 of the special no-year obligation limitation available 

23 to the Appalachian State prior to the return of the 

24 special no-year obligation limitation under that para25 graph. 


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1 ‘‘(3) ELIGIBLE PROJECTS.— 

2 ‘‘(A) IN GENERAL.—A project eligible to be 

3 carried out using funds transferred to an Appa4 lachian State under paragraph (1)(B) is a 

5 project described in subsections (b) and (c) of 

6 section 133. 

7 ‘‘(B) FEDERAL SHARE.—The Federal share 

8 of the cost of a project carried out using funds 

9 transferred to an Appalachian State under para10 graph (1)(B) shall be up to 100 percent, at the 

11 discretion of the Appalachian State. 

12 ‘‘(C) APPLICATION OF SECTION 133.—Except 

13 as otherwise provided in this paragraph, section 

14 133 shall not apply to a project carried out 

15 using funds transferred to an Appalachian State 

16 under paragraph (1)(B). 

17 ‘‘(4) TOTAL LIMITATION.—For each fiscal year, 

18 the total amount exchanged under paragraph (1) 

19 shall not exceed the amount available to be trans20 ferred to the program under subsection (f). 

21 ‘‘(5) AMOUNTS EXCHANGED.—For each fiscal 

22 year, if the total amount requested by all Appa23 lachian States to return under paragraph (1)(A) is 

24 greater than the amount described in paragraph (4), 


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1 the Secretary shall exchange amounts under para2 graph (1) based on the proportion that— 

3 ‘‘(A) the amount requested to be returned 

4 for the fiscal year by the Appalachian State; 

5 bears to 

6 ‘‘(B) the amount requested to be returned 

7 for the fiscal year by all Appalachian States. 

8 ‘‘(e) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

9 CORRIDOR GRANTS.— 

10 ‘‘(1) IN GENERAL.—Using amounts returned to 

11 the Secretary under subsection (d)(1)(A), the Sec12 retary shall provide grants of contract authority, to 

13 remain available until expended, and subject to spe14 cial no-year obligation limitation, on a competitive 

15 basis to Appalachian States for eligible projects de16 scribed in paragraph (2). 

17 ‘‘(2) ELIGIBLE PROJECT.—A project eligible to be 

18 carried out with a grant under this subsection is a 

19 project that is— 

20 ‘‘(A) eligible under section 14501 of title 40 

21 as of the date of enactment of this section; and 

22 ‘‘(B) reasonably expected to begin construc23 tion by not later than 2 years after the date of 

24 obligation of funds provided under this sub25 section for the project. 


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1 ‘‘(3) APPLICATION.—To be eligible to receive a 

2 grant under this subsection, an Appalachian State 

3 shall submit to the Secretary an application at such 

4 time, in such manner, and containing such informa5 tion as the Secretary may require. 

6 ‘‘(4) FEDERAL SHARE.—The Federal share of the 

7 cost of a project carried out using a grant provided 

8 under this subsection shall be up to 100 percent, at 

9 the discretion of the Appalachian State. 

10 ‘‘(5) LIMITATION.—An Appalachian State that 

11 enters into an agreement to exchange funds under 

12 subsection (d) for any fiscal year shall not be eligible 

13 to receive a grant under this subsection. 

14 ‘‘(f) TRANSFER FROM TIFIA PROGRAM.— 

15 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

16 year, the Secretary shall reserve, for the purpose of 

17 funding transfers under paragraph (2) until the 

18 transfers are completed, the amount of TIFIA carry19 over balance that exceeds the amount available to 

20 carry out the TIFIA program for that fiscal year. 

21 ‘‘(2) TRANSFERS.—For each fiscal year, not later 

22 than 60 days after the date on which the Secretary 

23 receives the responses to the solicitations under sub24 section (c)(1), the Secretary shall transfer from the 

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1 tract authority and equal amount of obligation limi2 tation that is equal to the lesser of— 

3 ‘‘(A) the total amount requested by all Ap4 palachian States for the fiscal year under sub5 section (c)(1)(B)(i); 

6 ‘‘(B) the total amount requested by all Ap7 palachian States for grants under subsection 

8 (c)(1)(B)(ii); and 

9 ‘‘(C) the amount reserved under paragraph 

10 (1).’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chapter 

12 1 of title 23, United States Code, is further amended by 

13 adding at the end the following: 

‘‘174. Balance Exchanges for Infrastructure Program.’’. 

14 SEC. 1605. STORMWATER BEST MANAGEMENT PRACTICES. 

15 (a) STUDY.— 

16 (1) IN GENERAL.—Not later than 180 days after 

17 the date of enactment of this Act, the Secretary of 

18 Transportation and the Administrator shall seek to 

19 enter into an agreement with the Transportation Re20 search Board of the National Academy of Sciences to 

21 under which the Transportation Research Board shall 

22 conduct a study— 

23 (A) to estimate pollutant loads from 

24 stormwater runoff from highways and pedestrian 

25 facilities eligible for assistance under title 23, 


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1 United States Code, to inform the development of 

2 appropriate total maximum daily load require3 ments; 

4 (B) to provide recommendations (including 

5 recommended revisions to existing laws and reg6 ulations) regarding the evaluation and selection 

7 by State departments of transportation of poten8 tial stormwater management and total max9 imum daily load compliance strategies within a 

10 watershed, including environmental restoration 

11 and pollution abatement carried out under sec12 tion 328 of title 23, United States Code; 

13 (C) to examine the potential for the Sec14 retary to assist State departments of transpor15 tation in carrying out and communicating 

16 stormwater management practices for highways 

17 and pedestrian facilities that are eligible for as18 sistance under title 23, United States Code, 

19 through information-sharing agreements, data20 base assistance, or an administrative platform to 

21 provide the information described in subpara22 graphs (A) and (B) to entities issued permits 

23 under the Federal Water Pollution Control Act 

24 (33 U.S.C. 1251 et seq.); and 


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1 (D) to examine the benefit of concentrating 

2 stormwater retrofits in impaired watersheds and 

3 selecting such retrofits according to a process 

4 that depends on a watershed management plan 

5 developed in accordance with section 319 of the 

6 Federal Water Pollution Control Act (33 U.S.C. 

7 1329). 

8 (2) REQUIREMENTS.—In conducting the study 

9 under the agreement entered into pursuant to para10 graph (1), the Transportation Research Board shall— 

11 (A) review and supplement, as appropriate, 

12 the methodologies examined and recommended in 

13 the 2019 report of the National Academies of 

14 Sciences, Engineering, and Medicine titled ‘‘Ap15 proaches for Determining and Complying with 

16 TMDL Requirements Related to Roadway 

17 Stormwater Runoff’’; 

18 (B) consult with— 

19 (i) the Secretary of Transportation; 

20 (ii) the Secretary of Agriculture; 

21 (iii) the Administrator; 

22 (iv) the Secretary of the Army, acting 

23 through the Chief of Engineers; and 

24 (v) State departments of Transpor25 tation; and 


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1 (C) solicit input from— 

2 (i) stakeholders with experience in im3 plementing stormwater management prac4 tices for projects; and 

5 (ii) educational and technical 

6 stormwater management groups. 

7 (3) REPORT.—In carrying out the agreement en8 tered into pursuant to paragraph (1), not later than 

9 18 months after the date of enactment of this Act, the 

10 Transportation Research Board shall submit to the 

11 Secretary of Transportation, the Administrator, the 

12 Committee on Transportation and Infrastructure of 

13 the House of Representatives, and the Committee on 

14 Environment and Public Works of the Senate a report 

15 describing the results of the study. 

16 (b) STORMWATER BEST MANAGEMENT PRACTICES RE17 PORTS.— 

18 (1) REISSUANCE.—Not later than 180 days after 

19 the date of enactment of this Act, the Administrator 

20 shall update and reissue the best management prac21 tices reports to reflect new information and advance22 ments in stormwater management. 

23 (2) UPDATES.—Not less frequently than once 

24 every 5 years after the date on which the Secretary 

25 reissues the best management practices reports under 


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1 paragraph (1), the Secretary shall update and reissue 

2 the best management practices reports, unless the con3 tents of the best management practices reports have 

4 been incorporated (including by reference) into appli5 cable regulations of the Secretary. 

6 (c) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Environ9 mental Protection Agency. 

10 (2) BEST MANAGEMENT PRACTICES REPORTS.— 

11 The term ‘‘best management practices reports’’ 

12 means— 

13 (A) the 2014 report sponsored by the De14 partment of Transportation titled ‘‘Determining 

15 the State of the Practice in Data Collection and 

16 Performance Measurement of Stormwater Best 

17 Management Practices’’ (FHWA–HEP–16–021); 

18 and 

19 (B) the 2000 report sponsored by the De20 partment of Transportation titled ‘‘Stormwater 

21 Best Management Practices in an Ultra-Urban 

22 Setting: Selection and Monitoring’’. 

23 (3) TOTAL MAXIMUM DAILY LOAD.—The term 

24 ‘‘total maximum daily load’’ has the meaning given 


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1 such term in section 130.2 of title 40, Code of Federal 

2 Regulations (or successor regulations). 

3 SEC. 1606. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT4 OF-WAY. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of enactment of this Act, the Architectural and Trans7 portation Barriers Compliance Board established under sec8 tion 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 

9 792), in consultation with the Secretary of Transportation, 

10 shall establish accessibility guidelines setting forth min11 imum standards for pedestrian facilities in the public right12 of-way. 

13 (b) CONTENT OF GUIDANCE.—The guidelines described 

14 in subsection (a) shall be substantially similar to, and car15 ried out under the same statutory authority as— 

16 (1) the notice of proposed rulemaking published 

17 on July 26, 2011, titled ‘‘Accessibility Guidelines for 

18 Pedestrian Facilities in the Public Right-of-Way’’ (76 

19 Fed. Reg. 44664); and 

20 (2) the supplemental notice of proposed rule21 making published on February 13, 2013, titled ‘‘Ac22 cessibility Guidelines for Pedestrian Facilities in the 

23 Public Right-of-Way; Shared Use Paths’’ (78 Fed. 

24 Reg. 10110). 


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1 (c) ADOPTION OF REGULATIONS.—Not later than 180 

2 days after the establishment of the guidelines pursuant to 

3 subsection (a), the Secretary shall issue such regulations as 

4 are necessary to adopt such guidelines. 

5 SEC. 1607. HIGHWAY FORMULA MODERNIZATION REPORT. 

6 (a) HIGHWAY FORMULA MODERNIZATION STUDY.— 

7 (1) IN GENERAL.—The Secretary of Transpor8 tation, in consultation with the State departments of 

9 transportation and representatives of local govern10 ments (including metropolitan planning organiza11 tions), shall conduct a highway formula moderniza12 tion study to assess the method and data used to ap13 portion Federal-aid highway funds under subsections 

14 (b) and (c) of section 104 of title 23, United States 

15 Code, and issue recommendations on such method and 

16 data. 

17 (2) ASSESSMENT.—The highway formula mod18 ernization study required under paragraph (1) shall 

19 include an assessment of, based on the latest available 

20 data, whether the apportionment method under such 

21 section results in— 

22 (A) an equitable distribution of funds based 

23 on the estimated tax payments attributable to— 

24 (i) highway users in the State that are 

25 paid into the Highway Trust Fund; and 


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1 (ii) individuals in the State that are 

2 paid to the Treasury, based on contribu3 tions to the Highway Trust Fund from the 

4 general fund of the Treasury; and 

5 (B) the achievement of the goals described 

6 in section 101(b)(3) of title 23, United States 

7 Code. 

8 (3) CONSIDERATIONS.—In carrying out the as9 sessment under paragraph (2), the Secretary shall 

10 consider the following: 

11 (A) The factors described in sections 104(b), 

12 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 

13 23, United States Code, as in effect on the date 

14 of enactment of SAFETEA–LU (Public Law 

15 109–59). 

16 (B) The availability and accuracy of data 

17 necessary to calculate formula apportionments 

18 under the factors described in subparagraph (A). 

19 (C) The measures established under section 

20 150 of title 23, United States Code, and whether 

21 such measures are appropriate for consideration 

22 as formula apportionment factors. 

23 (D) The results of the CMAQ formula mod24 ernization study required under subsection (b). 


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1 (E) Any other factors that the Secretary de2 termines are appropriate. 

3 (4) RECOMMENDATIONS.—The Secretary shall, 

4 in consultation with the State departments of trans5 portation and representatives of local governments 

6 (including metropolitan planning organizations), de7 velop recommendations on a new apportionment 

8 method, including— 

9 (A) the factors recommended to be included 

10 in such apportionment method; 

11 (B) the weighting recommended to be ap12 plied to the factors under subparagraph (A); and 

13 (C) any other recommendations to ensure 

14 that the apportionment method best achieves an 

15 equitable distribution of funds described under 

16 paragraph (2)(A) and the goals described in 

17 paragraph (2)(B). 

18 (b) CMAQ FORMULA MODERNIZATION STUDY.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, the Secretary of 

21 Transportation, in consultation with the Adminis22 trator of the Environmental Protection Agency, shall 

23 conduct an CMAQ formula modernization study to 

24 assess whether the apportionment method under sec25 tion 104(b)(4) of title 23, United States Code, results 


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1 in a distribution of funds that best achieves the air 

2 quality goals of section 149 of such title. 

3 (2) CONSIDERATIONS.—In providing consulta4 tion under this subsection, the Administrator of the 

5 Environmental Protection Agency shall provide to the 

6 Secretary an analysis of— 

7 (A) factors that contribute to the apportion8 ment, including population, types of pollutants, 

9 and severity of pollutants, as such factors were 

10 determined on the date prior to the date of enact11 ment of MAP–21; 

12 (B) the weighting of the factors listed under 

13 subparagraph (A); and 

14 (C) the recency of the data used in making 

15 the apportionment under section 104(b)(4) of 

16 title 23, United States Code. 

17 (3) RECOMMENDATIONS.—If, in conducting the 

18 study under this subsection, the Secretary finds that 

19 modifying the apportionment method under section 

20 104(b)(4) of title 23, United States Code, would best 

21 achieve the air quality goals of section 149 of title 23, 

22 United States Code, the Secretary shall, in consulta23 tion with the Administrator, include in such study 

24 recommendations for a new apportionment method, 

25 including— 


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1 (A) the factors recommended to be included 

2 in such apportionment method; 

3 (B) the weighting recommended to be ap4 plied to the factors under subparagraph (A); and 

5 (C) any other recommendations to ensure 

6 that the apportionment method best achieves the 

7 air quality goals section 149 of such title. 

8 (c) REPORT.—No later than 2 years after the date of 

9 enactment of this Act, the Secretary shall submit to the 

10 Committee on Transportation and Infrastructure of the 

11 House of Representatives and the Committee on Environ12 ment and Public Works of the Senate a report containing 

13 the results of the highway formula modernization study and 

14 the CMAQ formula modification study. 

15 SEC. 1608. CONSOLIDATION OF PROGRAMS. 

16 Section 1519 of MAP–21 (Public Law 112–141) is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) by striking ‘‘fiscal years 2016 through 

20 2020’’ and inserting ‘‘fiscal years 2022 through 

21 2025’’; and 

22 (B) by striking ‘‘$3,500,000’’ and inserting 

23 ‘‘$4,000,000’’; 

24 (2) by redesignating subsections (b) and (c) as 

25 subsections (c) and (d), respectively; and 


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1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) FEDERAL SHARE.—The Federal share of the cost 

4 of a project or activity carried out under subsection (a) 

5 shall be 100 percent.’’. 

6 SEC. 1609. STUDENT OUTREACH REPORT TO CONGRESS. 

7 (a) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Secretary of Transportation 

9 shall submit to the Committee on Transportation and In10 frastructure of the House of Representatives and the Com11 mittee on Environment and Public Works of the Senate a 

12 report that describes the efforts of the Department of Trans13 portation to encourage elementary, secondary, and post-sec14 ondary students to pursue careers in the surface transpor15 tation sector. 

16 (b) CONTENTS.—The report required under subsection 

17 (a) shall include— 

18 (1) a description of efforts to increase awareness 

19 of careers related to surface transportation among ele20 mentary, secondary, and post-secondary students; 

21 (2) a description of efforts to prepare and in22 spire such students for surface transportation careers; 

23 (3) a description of efforts to support the devel24 opment of a diverse, well-qualified workforce for fu25 ture surface transportation needs; and 


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1 (4) the effectiveness of the efforts described in 

2 paragraphs (1) through (3). 

3 SEC. 1610. TASK FORCE ON DEVELOPING A 21ST CENTURY 

4 SURFACE TRANSPORTATION WORKFORCE. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of enactment of this Act, the Secretary of Transpor7 tation shall establish a task force on developing a 21st cen8 tury surface transportation workforce (in this section re9 ferred to as the ‘‘Task Force’’). 

10 (b) DUTIES.—Not later than 12 months after the estab11 lishment of the Task Force under subsection (a), the Task 

12 Force shall develop and submit to the Secretary rec13 ommendations and strategies for the Department of Trans14 portation to— 

15 (1) evaluate the current and future state of the 

16 surface transportation workforce, including projected 

17 job needs in the surface transportation sector; 

18 (2) identify factors influencing individuals pur19 suing careers in surface transportation, including 

20 barriers to attracting individuals into the workforce; 

21 (3) address barriers to retaining individuals in 

22 surface transportation careers; 

23 (4) identify and address potential impacts of 

24 emerging technologies on the surface transportation 

25 workforce; 


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1 (5) increase access for vulnerable or underrep2 resented populations, especially women and minori3 ties, to high-skill, in-demand surface transportation 

4 careers; 

5 (6) facilitate and encourage elementary, sec6 ondary, and post-secondary students in the United 

7 States to pursue careers in the surface transportation 

8 sector; and 

9 (7) identify and develop pathways for students 

10 and individuals to secure pre-apprenticeships, reg11 istered apprenticeships, and other work-based learn12 ing opportunities in the surface transportation sector 

13 of the United States. 

14 (c) CONSIDERATIONS.—In developing recommenda15 tions and strategies under subsection (b), the Task Force 

16 shall— 

17 (1) identify factors that influence whether young 

18 people pursue careers in surface transportation, espe19 cially traditionally underrepresented populations, in20 cluding women and minorities; 

21 (2) consider how the Department, businesses, in22 dustry, labor, educators, and other stakeholders can 

23 coordinate efforts to support qualified individuals in 

24 pursuing careers in the surface transportation sector; 


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1 (3) identify methods of enhancing surface trans2 portation pre-apprenticeships and registered appren3 ticeships, job skills training, mentorship, education, 

4 and outreach programs that are exclusive to youth in 

5 the United States; and 

6 (4) identify potential sources of funding, includ7 ing grants and scholarships, that may be used to sup8 port youth and other qualified individuals in pur9 suing careers in the surface transportation sector. 

10 (d) CONSULTATION.—In developing the recommenda11 tions and strategies required under subsection (b), the Task 

12 Force may consult with— 

13 (1) local educational agencies and institutes of 

14 higher education, including community colleges and 

15 vocational schools; and 

16 (2) State workforce development boards. 

17 (e) REPORT.—Not later than 60 days after the submis18 sion of the recommendations and strategies under subsection 

19 (b), the Secretary shall submit to the Committee on Trans20 portation and Infrastructure of the House of Representa21 tives and the Committee on Environment and Public Works 

22 of the Senate a report containing such recommendations 

23 and strategies. 

24 (f) COMPOSITION OF TASK FORCE.—The Secretary 

25 shall appoint members to the Task Force whose diverse 


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1 background and expertise allow such members to contribute 

2 balanced points of view and ideas in carrying out this sec3 tion, comprised of equal representation from each of the fol4 lowing: 

5 (1) Industries in the surface transportation sec6 tor. 

7 (2) Surface transportation sector labor organiza8 tions. 

9 (3) Such other surface transportation stake10 holders and experts as the Secretary considers appro11 priate. 

12 (g) PERIOD OF APPOINTMENT.—Members shall be ap13 pointed to the Task Force for the duration of the existence 

14 of the Task Force. 

15 (h) COMPENSATION.—Task Force members shall serve 

16 without compensation. 

17 (i) SUNSET.—The Task Force shall terminate upon the 

18 submission of the report required under subsection (e). 

19 (j) DEFINITIONS.—In this section: 

20 (1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap21 prenticeship’’ means a training model or program 

22 that prepares individuals for acceptance into a reg23 istered apprenticeship and has a demonstrated part24 nership with 1 or more registered apprenticeships. 


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1 (2) REGISTERED APPRENTICESHIP.—The term 

2 ‘‘registered apprenticeship’’ means an apprenticeship 

3 program registered under the Act of August 16, 1937 

4 (29 U.S.C. 50 et seq.; commonly known as the ‘‘Na5 tional Apprenticeship Act’’), that satisfies the require6 ments of parts 29 and 30 of title 29, Code of Federal 

7 Regulations (as in effect on January 1, 2020). 

8 SEC. 1611. ON-THE-JOB TRAINING AND SUPPORTIVE SERV9 ICES. 

10 Section 140(b) of title 23, United States Code, is 

11 amended to read as follows: 

12 ‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 

13 ‘‘(1) IN GENERAL.—The Secretary, in coopera14 tion with the Secretary of Labor and any other de15 partment or agency of the Government, State agency, 

16 authority, association, institution, Indian Tribal gov17 ernment, corporation (profit or nonprofit), or any 

18 other organization or person, is authorized to develop, 

19 conduct, and administer surface transportation and 

20 technology training, including skill improvement pro21 grams, and to develop and fund summer transpor22 tation institutes. 

23 ‘‘(2) STATE RESPONSIBILITIES.—A State depart24 ment of transportation participating in the program 

25 under this subsection shall— 


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1 ‘‘(A) develop an annual workforce plan that 

2 identifies immediate and anticipated workforce 

3 gaps and underrepresentation of women and mi4 norities and a detailed plan to fill such gaps and 

5 address such underrepresentation; 

6 ‘‘(B) establish an annual workforce develop7 ment compact with the State workforce develop8 ment board and appropriate agencies to provide 

9 a coordinated approach to workforce training, 

10 job placement, and identification of training and 

11 skill development program needs, which shall be 

12 coordinated to the extent practical with an insti13 tution or agency, such as a State workforce de14 velopment board under section 101 of the Work15 force Innovation and Opportunities Act (29 

16 U.S.C. 3111), that has established skills training, 

17 recruitment, and placement resources; and 

18 ‘‘(C) demonstrate program outcomes, in19 cluding— 

20 ‘‘(i) impact on areas with transpor21 tation workforce shortages; 

22 ‘‘(ii) diversity of training participants; 

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1 tials required for specific types of employ2 ment; 

3 ‘‘(iv) employment outcome, including 

4 job placement and job retention rates and 

5 earnings, using performance metrics estab6 lished in consultation with the Secretary of 

7 Labor and consistent with metrics used by 

8 programs under the Workforce Innovation 

9 and Opportunity Act (29 U.S.C. 3101 et 

10 seq.); and 

11 ‘‘(v) to the extent practical, evidence 

12 that the program did not preclude workers 

13 that participate in training or registered 

14 apprenticeship activities under the program 

15 from being referred to, or hired on, projects 

16 funded under this chapter. 

17 ‘‘(3) FUNDING.—From administrative funds 

18 made available under section 104(a), the Secretary 

19 shall deduct such sums as necessary, not to exceed 

20 $10,000,000 in each fiscal year, for the administra21 tion of this subsection. Such sums shall remain avail22 able until expended. 

23 ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub24 sections (b) through (d) of section 6101 of title 41 

25 shall not apply to contracts and agreements made 


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1 under the authority granted to the Secretary under 

2 this subsection. 

3 ‘‘(5) USE OF SURFACE TRANSPORTATION PRO4 GRAM AND NATIONAL HIGHWAY PERFORMANCE PRO5 GRAM FUNDS.—Notwithstanding any other provision 

of law, not to exceed 1 6 ⁄2 of 1 percent of funds appor7 tioned to a State under paragraph (1) or (2) of sec8 tion 104(b) may be available to carry out this sub9 section upon request of the State transportation de10 partment to the Secretary.’’. 

11 SEC. 1612. WORK ZONE SAFETY. 

12 Section 504(e)(1) of title 23, United States Code, is 

13 amended— 

14 (1) by redesignating subparagraphs (F) and (G) 

15 as subparagraphs (G) and (H), respectively; and 

16 (2) by inserting after subparagraph (E) the fol17 lowing: 

18 ‘‘(F) tuition and direct educational expenses 

19 or other costs of instruction related to the work 

20 zone safety training and certification of employ21 ees of State and local transportation agencies 

22 and surface transportation construction work23 ers;’’. 


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1 SEC. 1613. TRANSPORTATION EDUCATION DEVELOPMENT 

2 PROGRAM. 

3 Section 504 of title 23, United States Code, is amend4 ed— 

5 (1) in subsection (e)(1) by inserting ‘‘and (8) 

6 through (9)’’ after ‘‘paragraphs (1) through (4)’’; and 

7 (2) in subsection (f) by adding at the end the fol8 lowing: 

9 ‘‘(4) REPORTS.—The Secretary shall submit to 

10 the Committee on Transportation and Infrastructure 

11 of the House of Representatives and the Committee on 

12 Commerce, Science, and Transportation of the Senate 

13 an annual report that includes— 

14 ‘‘(A) a list of all grant recipients under this 

15 subsection; 

16 ‘‘(B) an explanation of why each recipient 

17 was chosen in accordance with the criteria under 

18 paragraph (2); 

19 ‘‘(C) a summary of each recipient’s objective 

20 to carry out the purpose described in paragraph 

21 (1) and an analysis of progress made toward 

22 achieving each such objective; 

23 ‘‘(D) an accounting for the use of Federal 

24 funds obligated or expended in carrying out this 

25 subsection; and 


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1 ‘‘(E) an analysis of outcomes of the pro2 gram under this subsection.’’. 

3 SEC. 1614. WORKING GROUP ON CONSTRUCTION RE4 SOURCES. 

5 (a) ESTABLISHMENT.—Not later than 120 days after 

6 the date of enactment of this Act, the Secretary of Transpor7 tation shall establish a working group (in this section re8 ferred to as the ‘‘Working Group’’) to conduct a study on 

9 access to covered resources for infrastructure projects. 

10 (b) MEMBERSHIP.— 

11 (1) APPOINTMENT.—The Secretary shall appoint 

12 to the Working Group individuals with knowledge 

13 and expertise in the production and transportation of 

14 covered resources. 

15 (2) REPRESENTATION.—The Working Group 

16 shall include at least 1 representative of each of the 

17 following: 

18 (A) State departments of transportation. 

19 (B) State agencies associated with covered 

20 resources protection. 

21 (C) State planning and geologic survey and 

22 mapping agencies. 

23 (D) Commercial motor vehicle operators, in24 cluding small business operators and operators 

25 who transport covered resources. 


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1 (E) Covered resources producers. 

2 (F) Construction contractors. 

3 (G) Metropolitan planning organizations 

4 and regional planning organizations. 

5 (H) Indian Tribes, including Tribal elected 

6 leadership or Tribal transportation officials. 

7 (I) Any other stakeholders that the Sec8 retary determines appropriate. 

9 (3) TERMINATION.—The Working Group shall 

10 terminate 6 months after the date on which the Sec11 retary receives the report under subsection (e)(1). 

12 (c) DUTIES.—In carrying out the study required 

13 under subsection (a), the Working Group shall analyze— 

14 (1) the use of covered resources in transportation 

15 projects funded with Federal dollars; 

16 (2) how the proximity of covered resources to 

17 such projects affects the cost and environmental im18 pact of such projects; 

19 (3) whether and how State, Tribal, and local 

20 transportation and planning agencies consider cov21 ered resources when developing transportation 

22 projects; and 

23 (4) any challenges for transportation project 

24 sponsors regarding access and proximity to covered 

25 resources. 


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1 (d) CONSULTATION.—In carrying out the study re2 quired under subsection (a), the Working Group shall con3 sult with, as appropriate— 

4 (1) chief executive officers of States; 

5 (2) State, Tribal, and local transportation and 

6 planning agencies; 

7 (3) other relevant State, Tribal, and local agen8 cies, including State agencies associated with covered 

9 resources protection; 

10 (4) members of the public with industry experi11 ence with respect to covered resources; 

12 (5) other Federal entities that provide funding 

13 for transportation projects; and 

14 (6) any other stakeholder the Working Group de15 termines appropriate. 

16 (e) REPORTS.— 

17 (1) WORKING GROUP REPORT.—Not later than 2 

18 years after the date on which the Working Group is 

19 established, the Working Group shall submit to the 

20 Secretary a report that includes— 

21 (A) the findings of the study required under 

22 subsection (a), including a summary of com23 ments received during the consultation process 

24 under subsection (d); and 


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1 (B) any recommendations to preserve access 

2 to and reduce the costs and environmental im3 pacts of covered resources for infrastructure 

4 projects. 

5 (2) DEPARTMENTAL REPORT.—Not later than 3 

6 months after the date on which the Secretary receives 

7 the report under paragraph (1), the Secretary shall 

8 submit to the Committee on Transportation and In9 frastructure of the House of Representatives and the 

10 Committee on Environment and Public Works of the 

11 Senate a summary of the findings under such report 

12 and any recommendations, as appropriate. 

13 (f) DEFINITIONS.—In this section: 

14 (1) COVERED RESOURCES.—The term ‘‘covered 

15 resources’’ means common variety materials used in 

16 transportation infrastructure construction and main17 tenance, including stone, sand, and gravel. 

18 (2) STATE.—The term ‘‘State’’ means each of the 

19 several States, the District of Columbia, and each ter20 ritory or possession of the United States. 

21 SEC. 1615. NUMBERING SYSTEM OF HIGHWAY INTER22 CHANGES. 

23 (a) IN GENERAL.—Notwithstanding section 315 of title 

24 23, United States Code, and section 1.36 of title 23, Code 

25 of Federal Regulations, the Secretary of Transportation 


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1 may not impose a penalty on a State that does not comply 

2 with section 2E.31 of the Manual on Uniform Traffic Con3 trol Devices (or a successor section) with respect to the num4 bering of highway interchanges. 

5 (b) APPLICABILITY.—Subsection (a) shall only apply 

6 to a method of numbering of a highway interchange in effect 

7 on the date of enactment of this Act. 

8 SEC. 1616. TOLL CREDITS. 

9 (a) PURPOSES.—The Secretary of Transportation 

10 shall— 

11 (1) identify the extent of the demand to purchase 

12 toll credits; 

13 (2) identify the expected cash price of toll credits; 

14 (3) analyze the impact of the exchange of toll 

15 credits on transportation expenditures; and 

16 (4) identify any other repercussions of estab17 lishing a toll credit exchange. 

18 (b) SOLICITATION.—To carry out the requirements of 

19 this section, the Secretary shall solicit information from 

20 States eligible to use a credit under section 120(i) of title 

21 23, United States Code, including— 

22 (1) the amount of unused toll credits, includ23 ing— 

24 (A) toll revenue generated and the sources of 

25 that revenue; 


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1 (B) toll revenue used by public, quasi-pub2 lic, and private agencies to build, improve, or 

3 maintain highways, bridges, or tunnels that 

4 serve the public purpose of interstate commerce; 

5 and 

6 (C) an accounting of any Federal funds 

7 used by the public, quasi-public, or private agen8 cy to build, improve, or maintain the toll facil9 ity, to validate that the credit has been reduced 

10 by a percentage equal to the percentage of the 

11 total cost of building, improving, or maintaining 

12 the facility that was derived from Federal funds; 

13 (2) the documentation of maintenance of effort 

14 for toll credits earned by the State; and 

15 (3) the accuracy of the accounting system of the 

16 State to earn and track toll credits. 

17 (c) WEBSITE.—The Secretary shall make available a 

18 publicly accessible website on which a State eligible to use 

19 a credit under section 120(i) of title 23, United States Code 

20 shall publish the information described under subsection 

21 (b)(1). 

22 (d) EVALUATION AND RECOMMENDATIONS TO CON23 GRESS.—Not later than 2 years after the date of enactment 

24 of this Act, the Secretary shall provide to the Committee 

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1 resentatives and the Committee on Environment and Public 

2 Works of the Senate, and make publicly available on the 

3 website of the Department of Transportation— 

4 (1) an evaluation of the accuracy of the account5 ing and documentation of toll credits earned under 

6 section 120(i); 

7 (2) a determination whether a toll credit market8 place is viable and cost effective; 

9 (3) estimates, to the extent possible, of the aver10 age sale price of toll credits; and 

11 (4) recommendations on any modifications nec12 essary, including legislative changes, to establish and 

13 implement a toll credit exchange program. 

14 (e) DEFINITION.—In this section, the term ‘‘State’’ has 

15 the meaning given the term in section 101(a) of title 23, 

16 United States Code. 

17 SEC. 1617. TRANSPORTATION CONSTRUCTION MATERIALS 

18 PROCUREMENT. 

19 (a) ESTABLISHMENT.—Not later than 180 days after 

20 the date of enactment of this Act, the Secretary of Transpor21 tation shall initiate a review of the procurement processes 

22 used by State departments of transportation to select con23 struction materials on projects utilizing Federal-aid high24 way funds. 


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1 (b) CONTENTS.—The review under subsection (a) shall 

2 include— 

3 (1) a review of competitive practices in the bid4 ding process for transportation construction mate5 rials; 

6 (2) a list of States that currently issue bids that 

7 include flexibility in the type of construction mate8 rials used to meet the project specifications; 

9 (3) any information provided by States on con10 siderations that influence the decision to include com11 petition by type of material in transportation con12 struction projects; 

13 (4) any data on whether issuing bids that in14 clude flexibility in the type of construction materials 

15 used to meet the project specifications will affect 

16 project costs over the lifecycle of an asset; 

17 (5) any data on the degree to which competition 

18 leads to greater use of sustainable, innovative, or re19 silient materials; and 

20 (6) an evaluation of any barriers to more wide21 spread use of competitive bidding processes for trans22 portation construction materials. 

23 (c) REPORT.—Not later than 18 months after the date 

24 of enactment of this Act, the Secretary shall submit to the 

25 Committee on Transportation and Infrastructure of the 


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1 House of Representatives and the Committee on Environ2 ment and Public Works of the Senate, and make publicly 

3 available, a report on the review initiated by the Secretary 

4 pursuant to this section. 

5 SEC. 1618. CONSTRUCTION OF CERTAIN ACCESS AND DE6 VELOPMENT ROADS. 

7 Section 118(d) of title 23, United States Code, is 

8 amended by striking ‘‘and the Commonwealth of Puerto 

9 Rico’’ and inserting ‘‘, the Commonwealth of Puerto Rico, 

10 and any other territory of the United States’’. 

11 SEC. 1619. NATIONWIDE ROAD SAFETY ASSESSMENT. 

12 (a) IN GENERAL.—The Secretary of Transportation 

13 shall, every 2 years, conduct nationwide, on-the-ground 

14 road safety assessments focused on pedestrian and bicycle 

15 safety in each State. 

16 (b) REQUIREMENTS.—The assessments required under 

17 subsection (a) shall be conducted— 

18 (1) by Department of Transportation field offices 

19 from the Federal Highway Administration, the Na20 tional Highway Transportation Safety Administra21 tion, the Federal Transit Administration, and the 

22 Federal Motor Carrier Safety Administration; and 

23 (2) in consultation with— 

24 (A) State and local agencies with jurisdic25 tion over pedestrian and bicycle safety; 


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1 (B) pedestrian safety and bicycle safety ad2 vocacy organizations; and 

3 (C) other relevant pedestrian and bicycle 

4 safety stakeholders. 

5 (c) PURPOSES.—The purpose of the assessments under 

6 this section is to— 

7 (1) identify and examine specific locations with 

8 documented or perceived problems with pedestrian 

9 and bicycle safety and access; 

10 (2) examine barriers to providing safe pedestrian 

11 and bicycle access to transportation infrastructure; 

12 and 

13 (3) develop and issue recommendations designed 

14 to effectively address specific safety and access issues 

15 and enhance pedestrian and bicycle safety in high 

16 risk areas. 

17 (d) REPORT ON STATE ASSESSMENTS.—Upon comple18 tion of the assessment of a State, the Secretary shall issue, 

19 and make available to the public, a report containing the 

20 assessment that includes— 

21 (1) a list of locations that have been assessed as 

22 presenting a danger to pedestrians or bicyclists; and 

23 (2) recommendations to enhance pedestrian and 

24 bicycle safety in those locations. 


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1 (e) REPORT ON NATIONWIDE PROGRAM.—Upon com2 pletion of the biannual assessment nationwide required 

3 under this section, the Secretary shall issue, and make 

4 available to the public, that covers assessments for all juris5 dictions and also present it to the congressional transpor6 tation committees. 

7 (f) NATIONAL PEDESTRIAN AND BICYCLE SAFETY

8 DATABASE.—The Secretary, in order to enhance pedestrian 

9 and bicycle safety and improve information sharing on pe10 destrian and bicycle safety challenges between the Federal 

11 Government and State and local governments, shall main12 tain a national pedestrian and bicycle safety database that 

13 includes— 

14 (1) a list of high-risk intersections, roads, and 

15 highways with a documented history of pedestrian or 

16 bicycle accidents or fatalities and details regarding 

17 those incidents; and 

18 (2) information on corrective measures that have 

19 been implemented at the State, local, or Federal level 

20 to enhance pedestrian and bicyclist safety at those 

21 high risk areas, including details on the nature and 

22 date of corrective action. 

23 (g) STATE DEFINED.—In this section, the term 

24 ‘‘State’’ means each of the States, the District of Columbia, 

25 and Puerto Rico. 


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1 SEC. 1620. WILDLIFE CROSSINGS. 

2 (a) IN GENERAL.— 

3 (1) OBLIGATION REQUIREMENT.—For each of fis4 cal years 2022 through 2025, of the amounts appor5 tioned to a State under paragraph (1) of section 

6 104(b) of title 23, United States Code, each State 

7 shall obligate amounts distributed to such State under 

8 subsection (b) for projects and strategies that reduce 

9 vehicle-caused wildlife mortality related to, or to re10 store and maintain connectivity among terrestrial or 

11 aquatic habitats affected by, a transportation facility 

12 otherwise eligible for assistance under section 119 of 

13 title 23, United States Code. 

14 (2) TOTAL AMOUNT.—The total amount to be ob15 ligated by all States under paragraph (1) shall equal 

16 $75,000,000 for each of fiscal years 2022 through 

17 2025. 

18 (b) DISTRIBUTION.—Each State’s share of the amount 

19 described under subsection (a)(2) shall be determined by 

20 multiplying the amount described under such subsection by 

21 the ratio that— 

22 (1) the amount apportioned in the previous fis23 cal year to the State under section 104 of title 23, 

24 United States Code; bears to 

25 (2) the total amount of funds apportioned to all 

26 States in the previous fiscal year. 


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1 (c) STATE FLEXIBILITY.— 

2 (1) IN GENERAL.—A State may opt out of the 

3 obligation requirement described under this section if 

4 the Governor of the State notifies the Secretary that 

5 the State has inadequate needs to justify the expendi6 ture not later than 30 days prior to apportionments 

7 being made for any fiscal year. 

8 (2) USE OF FUNDS.—A State that exercises the 

9 authority under paragraph (1) may use the funds de10 scribed under this section for any purpose described 

11 under section 119 of title 23, United States Code. 

12 SEC. 1621. CLIMATE RESILIENT TRANSPORTATION INFRA13 STRUCTURE STUDY. 

14 (a) CLIMATE RESILIENT TRANSPORTATION INFRA15 STRUCTURE STUDY.—Not later than 180 days after the date 

16 of enactment of this Act, the Secretary of Transportation 

17 shall enter into an agreement with the Transportation Re18 search Board of the National Academies to conduct a study 

19 of the actions needed to ensure that Federal agencies are 

20 taking into account current and future climate conditions 

21 in planning, designing, building, operating, maintaining, 

22 investing in, and upgrading any federally funded transpor23 tation infrastructure investments. 


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1 (b) METHODOLOGIES.—In conducting the study, the 

2 Transportation Research Board shall build on the meth3 odologies examined and recommended in— 

4 (1) the 2018 report issued the American Society 

5 of Civil Engineers, titled ‘‘Climate-Resilient Infra6 structure: Adaptive Design and Risk Management’’; 

7 and 

8 (2) the report issued by the California Climate9 Safe Infrastructure Working Group, titled ‘‘Paying it 

10 Forward: The Path Toward Climate-Safe Infrastruc11 ture in California’’. 

12 (c) CONTENTS OF STUDY.—The study shall include 

13 specific recommendations regarding the following: 

14 (1) Integrating scientific knowledge of projected 

15 climate change impacts, and other relevant data and 

16 information, into Federal infrastructure planning, 

17 design, engineering, construction, operation and 

18 maintenance. 

19 (2) Addressing critical information gaps and 

20 challenges. 

21 (3) Financing options to help fund climate-resil22 ient infrastructure. 

23 (4) A platform or process to facilitate commu24 nication between climate scientists and other experts 


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1 with infrastructure planners, engineers and other rel2 evant experts. 

3 (5) A stakeholder process to engage with rep4 resentatives of State, local, tribal and community 

5 groups. 

6 (6) A platform for tracking Federal funding of 

7 climate-resilient infrastructure. 

8 (d) CONSIDERATIONS.—In carrying out the study, the 

9 Transportation Research Board shall determine the need for 

10 information related to climate resilient transportation in11 frastructure by considering— 

12 (1) the current informational and institutional 

13 barriers to integrating projected infrastructure risks 

14 posed by climate change into federal infrastructure 

15 planning, design, engineering, construction, operation 

16 and maintenance; 

17 (2) the critical information needed by engineers, 

18 planners and those charged with infrastructure up19 grades and maintenance to better incorporate climate 

20 change risks and impacts over the lifetime of projects; 

21 (3) how to select an appropriate, adaptive engi22 neering design for a range of future climate scenarios 

23 as related to infrastructure planning and investment; 

24 (4) how to incentivize and incorporate systems 

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1 efits of multiple natural functions and emissions re2 duction, as well as regional planning; 

3 (5) how to take account of the risks of cascading 

4 infrastructure failures and develop more holistic ap5 proaches to evaluating and mitigating climate risks; 

6 (6) how to ensure that investments in infrastruc7 ture resilience benefit all communities, including com8 munities of color, low-income communities and tribal 

9 communities that face a disproportionate risk from 

10 climate change and in many cases have experienced 

11 long-standing unmet needs and underinvestment in 

12 critical infrastructure; 

13 (7) how to incorporate capital assessment and 

14 planning training and techniques, including a range 

15 of financing options to help local and State govern16 ments plan for and provide matching funds; and 

17 (8) how federal agencies can track and monitor 

18 federally funded resilient infrastructure in a coordi19 nated fashion to help build the understanding of the 

20 cost-benefit of resilient infrastructure and to build the 

21 capacity for implementing resilient infrastructure. 

22 (e) CONSULTATION.—In carrying out the study, the 

23 Transportation Research Board— 

24 (1) shall convene and consult with a panel of na25 tional experts, including operators and users of FedVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00459 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 eral transportation infrastructure and private sector 

2 stakeholders; and 

3 (2) is encouraged to consult with— 

4 (A) representatives from the thirteen federal 

5 agencies that comprise the United States Global 

6 Change Research Program; 

7 (B) representatives from the Department of 

8 the Treasury; 

9 (C) professional engineers with relevant ex10 pertise in infrastructure design; 

11 (D) scientists from the National Academies 

12 with relevant expertise; 

13 (E) scientists, social scientists and experts 

14 from academic and research institutions who 

15 have expertise in climate change projections and 

16 impacts; engineering; architecture; or other rel17 evant areas of expertise; 

18 (F) licensed architects with relevant experi19 ence in infrastructure design; 

20 (G) certified planners; 

21 (H) representatives of State, local and Trib22 al governments; and 

23 (I) representatives of environmental justice 

24 groups. 


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1 (f) REPORT.—Not later than 3 years after the date of 

2 enactment of this Act, the Transportation Research Board 

3 shall submit to the Secretary, the Committee on Transpor4 tation and Infrastructure of the House of Representatives, 

5 and the Committee on Environment and Public Works of 

6 the Senate a report on the results of the study conducted 

7 under this section. 

8 SEC. 1622. ELIMINATION OF DUPLICATION OF ENVIRON9 MENTAL REVIEWS AND APPROVALS. 

10 The Secretary of Transportation shall issue a final 

11 rule implementing the program under section 330 of title 

12 23, United States Code. 

13 SEC. 1623. AMBER ALERTS ALONG MAJOR TRANSPOR14 TATION ROUTES. 

15 (a) IN GENERAL.—Section 303 of the PROTECT Act 

16 (34 U.S.C. 20503) is amended— 

17 (1) in the section heading, by inserting ‘‘AND

18 MAJOR TRANSPORTATION ROUTES’’ after 

19 ‘‘ALONG HIGHWAYS’’; 

20 (2) in subsection (a)— 

21 (A) by inserting ‘‘(referred to in this section 

22 as the ‘Secretary’)’’ after ‘‘Secretary of Trans23 portation’’; and 

24 (B) by inserting ‘‘and at airports, maritime 

25 ports, border crossing areas and checkpoints, and 


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1 ports of exit from the United States’’ after 

2 ‘‘along highways’’; 

3 (3) in subsection (b)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘other motorist infor6 mation systems to notify motorists’’ and in7 serting ‘‘other information systems to notify 

8 motorists, aircraft passengers, ship pas9 sengers, and travelers’’; and 

10 (ii) by inserting ‘‘, aircraft passengers, 

11 ship passengers, and travelers’’ after ‘‘nec12 essary to notify motorists’’; and 

13 (B) in paragraph (2)— 

14 (i) in subparagraph (A), by striking 

15 ‘‘other motorist information systems to no16 tify motorists’’ and inserting ‘‘other infor17 mation systems to notify motorists, aircraft 

18 passengers, ship passengers, and travelers’’; 

19 (ii) in subparagraph (D), by inserting 

20 ‘‘, aircraft passengers, ship passengers, and 

21 travelers’’ after ‘‘support the notification of 

22 motorists’’; 

23 (iii) in subparagraph (E), by inserting 

24 ‘‘, aircraft passengers, ship passengers, and 


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1 travelers’’ after ‘‘motorists’’, each place it 

2 appears; 

3 (iv) in subparagraph (F), by inserting 

4 ‘‘, aircraft passengers, ship passengers, and 

5 travelers’’ after ‘‘motorists’’; and 

6 (v) in subparagraph (G), by inserting 

7 ‘‘, aircraft passengers, ship passengers, and 

8 travelers’’ after ‘‘motorists’’; 

9 (4) in subsection (c), by striking ‘‘other motorist 

10 information systems to notify motorists’’, each place 

11 it appears, and inserting ‘‘other information systems 

12 to notify motorists, aircraft passengers, ship pas13 sengers, and travelers’’; 

14 (5) by amending subsection (d) to read as fol15 lows: 

16 ‘‘(d) FEDERAL SHARE.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the Federal share of the cost of any activi19 ties funded by a grant under this section may not ex20 ceed 80 percent. 

21 ‘‘(2) WAIVER.—If the Secretary determines that 

22 American Samoa, Guam, the Northern Mariana Is23 lands, Puerto Rico, or the Virgin Islands of the 

24 United States is unable to comply with the requireVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 ment under paragraph (1), the Secretary shall waive 

2 such requirement.’’; 

3 (6) in subsection (g)— 

4 (A) by striking ‘‘In this section’’ and insert5 ing ‘‘In this subtitle’’; and 

6 (B) by striking ‘‘or Puerto Rico’’ and in7 serting ‘‘American Samoa, Guam, Puerto Rico, 

8 the Northern Mariana Islands, the Virgin Is9 lands of the United States, and any other terri10 tory of the United States’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

12 table of contents in section 1(b) of the PROTECT Act (Pub13 lic Law 108–21) is amended by striking the item relating 

14 to section 303 and inserting the following: 

‘‘Sec. 303. Grant program for notification and communications systems along 

highways and major transportation routes for recovery of abducted children.’’. 

15 SEC. 1624. NATURAL GAS, ELECTRIC BATTERY, AND ZERO 

16 EMISSION VEHICLES. 

17 Subsection (s) of section 127 of title 23, United States 

18 Code is amended to read as follows: 

19 ‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND ZERO

20 EMISSION VEHICLES.—A vehicle, if operated by an engine 

21 fueled primarily by natural gas powered primarily by 

22 means of electric battery power or fueled primarily by 

23 means of other zero emission fuel technologies, may exceed 

24 the weight limit on the power unit by up to 2,000 pounds 


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1 (up to a maximum gross vehicle weight of 82,000 pounds) 

2 under this section.’’. 

3 SEC. 1625. GUIDANCE ON EVACUATION ROUTES. 

4 (a) IN GENERAL.— 

5 (1) GUIDANCE.—The Administrator of the Fed6 eral Highway Administration, in coordination with 

7 the Administrator of the Federal Emergency Manage8 ment Agency, and consistent with guidance issued by 

9 the Federal Emergency Management Agency pursuant 

10 to section 1209 of the Disaster Recovery Reform Act 

11 of 2018 (Public Law 115–254), shall revise existing 

12 guidance or issue new guidance as appropriate for 

13 State, local, and Indian Tribal governments regard14 ing the design, construction, maintenance, and repair 

15 of evacuation routes. 

16 (2) CONSIDERATIONS.—In revising or issuing 

17 guidance under subsection (a)(1), the Administrator 

18 of the Federal Highway Administration shall con19 sider— 

20 (A) methods that assist evacuation routes 

21 to— 

22 (i) withstand likely risks to viability, 

23 including flammability and hydrostatic 

24 forces; 


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1 (ii) improve durability, strength (in2 cluding the ability to withstand tensile 

3 stresses and compressive stresses), and sus4 tainability; and 

5 (iii) provide for long-term cost savings; 

6 (B) the ability of evacuation routes to effec7 tively manage contraflow operations; 

8 (C) for evacuation routes on public lands, 

9 the viewpoints of the applicable Federal land 

10 management agency regarding emergency oper11 ations, sustainability, and resource protection; 

12 and 

13 (D) such other items the Administrator of 

14 the Federal Highway Administration considers 

15 appropriate. 

16 (3) REPORT.—In the case in which the Adminis17 trator of the Federal Highway Administration, in 

18 consultation with the Administrator of the Federal 

19 Emergency Management Agency, concludes existing 

20 guidance addresses the considerations in paragraph 

21 (2), The Administrator of the Federal Highway Ad22 ministration shall submit to the Committee on Trans23 portation and Infrastructure of the House of Rep24 resentatives and the Committee on Environment and 

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1 ing how existing guidance addresses such consider2 ations. 

3 (b) STUDY.—The Administrator of the Federal High4 way Administration, in coordination with the Adminis5 trator of the Federal Emergency Management Agency and 

6 State, local, territorial, and Indian Tribal governments, 

7 shall— 

8 (1) conduct a study of the adequacy of available 

9 evacuation routes to accommodate the flow of evac10 uees; and 

11 (2) submit recommendations to Congress on how 

12 to help with anticipated evacuation route flow, based 

13 on the study conducted under paragraph (1). 

14 SEC. 1626. PROHIBITING USE OF FEDERAL FUNDS FOR PAY15 MENTS IN SUPPORT OF CONGRESSIONAL 

16 CAMPAIGNS. 

17 No amounts may be assessed on funds collected pursu18 ant to section 9553 of this Act for purposes of making pay19 ments in support of a campaign for election for the office 

20 of Senator or Representative in, or Delegate or Resident 

21 Commissioner to, Congress. 


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1 SEC. 1627. HIGH PRIORITY CORRIDORS ON NATIONAL HIGH2 WAY SYSTEM. 

3 Section 1105(c) of the Intermodal Surface Transpor4 tation Efficiency Act of 1991 is amended by adding at the 

5 end the following: 

6 ‘‘(92) The Louisiana Capital Region High Pri7 ority Corridor, which shall generally follow— 

8 ‘‘(A) Interstate 10, between its intersections 

9 with Interstate 12 and Louisiana Highway 415; 

10 ‘‘(B) Louisiana Highway 415, between its 

11 intersections with Interstate 10 and United 

12 States route 190; 

13 ‘‘(C) United States route 190, between its 

14 intersections with Louisiana Highway 415 and 

15 intersection with Interstate110; 

16 ‘‘(D) Interstate 110, between its intersec17 tions with United States route 190 and Inter18 state 10; 

19 ‘‘(E) Louisiana Highway 30, near St. Ga20 briel, LA and its intersection with Interstate 10; 

21 ‘‘(F) Louisiana Highway 1, near White 

22 Castle, LA and its intersection with Interstate 

23 10; and 

24 ‘‘(G) A bridge connecting Louisiana High25 way 1 with Louisiana Highway 30, south of the 

26 Interstate described in subparagraph (A).’’. 


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1 SEC. 1628. GUIDANCE ON INUNDATED AND SUBMERGED 

2 ROADS. 

3 Upon issuance of guidance issued pursuant to section 

4 1228 of the Disaster Recovery Reform Act of 2018 (Public 

5 Law 115–254), the Administrator of the Federal Highway 

6 Administration, in consultation with the Administrator of 

7 the Federal Emergency Management Agency, shall review 

8 such guidance and issue guidance regarding repair, restora9 tion, and replacement of inundated and submerged roads 

10 damaged or destroyed by a major disaster declared pursu11 ant to the Robert T. Stafford Disaster Relief and Emer12 gency Assistance Act (42 U.S.C. 5121 et seq.) with respect 

13 to roads eligible for assistance under Federal Highway Ad14 ministration programs. 

15 SEC. 1629. AIRPORT INNOVATIVE FINANCING TECHNIQUES. 

16 (a) IN GENERAL.—Section 47135 of title 49, United 

17 States Code, is amended to read as follows: 

18 ‘‘§ 47135. Innovative financing techniques 

19 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

20 may approve an application by an airport sponsor to use 

21 grants received under this subchapter for innovative financ22 ing techniques related to an airport development project. 

23 Such projects shall be located at airports that are not large 

24 hub airports. The Secretary may not approve more than 

25 30 applications under this section in a fiscal year. 


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1 ‘‘(b) PURPOSES.—The purpose of grants made under 

2 this section shall be— 

3 ‘‘(1) to provide information on using innovative 

4 financing techniques for airport development projects; 

5 ‘‘(2) to lower the total cost of an airport develop6 ment project; or 

7 ‘‘(3) to safely expedite the delivery or completion 

8 of an airport development project. 

9 ‘‘(c) LIMITATIONS.— 

10 ‘‘(1) NO GUARANTEES.—In no case shall the im11 plementation of an innovative financing technique 

12 under this section be used in a manner giving rise to 

13 a direct or indirect guarantee of any airport debt in14 strument by the United States Government. 

15 ‘‘(2) TYPES OF TECHNIQUES.—In this section, 

16 innovative financing techniques are limited to— 

17 ‘‘(A) payment of interest; 

18 ‘‘(B) commercial bond insurance and other 

19 credit enhancement associated with airport 

20 bonds for eligible airport development; 

21 ‘‘(C) flexible non-Federal matching require22 ments; 

23 ‘‘(D) use of funds apportioned under section 

24 47114 for the payment of principal and interest 


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1 of terminal development for costs incurred before 

2 the date of the enactment of this section; and 

3 ‘‘(E) such other techniques that the Sec4 retary approves as consistent with the purposes 

5 of this section.’’. 

6 (b) IMMEDIATE APPLICABILITY.—Section 1001 shall 

7 not apply to this section and the amendments made by this 

8 section. 

9 TITLE II—PUBLIC 

10 TRANSPORTATION 

11 Subtitle A—Federal Transit 

12 Administration 

13 SEC. 2101. AUTHORIZATIONS. 

14 (a) IN GENERAL.—Section 5338 of title 49, United 

15 States Code, is amended to read as follows: 

16 ‘‘§ 5338. Authorizations 

17 ‘‘(a) GRANTS.— 

18 ‘‘(1) IN GENERAL.—There shall be available from 

19 the Mass Transit Account of the Highway Trust Fund 

20 to carry out sections 5305, 5307, 5308, 5310, 5311, 

21 5312, 5314, 5318, 5320, 5328, 5335, 5337, 5339, and 

22 5340— 

23 ‘‘(A) $16,185,800,000 for fiscal year 2022; 

24 ‘‘(B) $16,437,600,000 for fiscal year 2023; 


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1 ‘‘(C) $16,700,600,000 for fiscal year 2024; 

2 and 

3 ‘‘(D) $16,963,600,000 for fiscal year 2025. 

4 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

5 made available under paragraph (1)— 

6 ‘‘(A) $189,879,151 for fiscal year 2022, 

7 $192,841,266 for fiscal year 2023, $195,926,726 

8 for fiscal year 2024, and $199,002,776 for fiscal 

9 year 2025, shall be available to carry out section 

10 5305; 

11 ‘‘(B) $7,505,830,848 for fiscal year 2022, 

12 $7,622,921,809 for fiscal year 2023, 

13 $7,744,888,558 for fiscal year 2024, and 

14 $7,866,483,309 for fiscal year 2025 shall be allo15 cated in accordance with section 5336 to provide 

16 financial assistance for urbanized areas under 

17 section 5307; 

18 ‘‘(C) $101,510,000 for fiscal year 2022, 

19 $103,093,556 for fiscal year 2023, $104,743,053 

20 for fiscal year 2024, and $106,387,519 for fiscal 

21 year 2025 shall be available for grants under sec22 tion 5308; 

23 ‘‘(D) $434,830,298 for fiscal year 2022, 

24 $441,613,651 for fiscal year 2023, $448,679,469 

25 for fiscal year 2024, and $455,723,737 for fiscal 


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1 year 2025 shall be available to carry out section 

2 5310, of which not less than— 

3 ‘‘(i) $5,075,500 for fiscal year 2022, 

4 $5,154,678 for fiscal year 2023, $5,237,153 

5 for fiscal year 2024, and $5,319,376 for fis6 cal year 2025 shall be available to carry out 

7 section 5310(j); and 

8 ‘‘(ii) $20,302,000 for fiscal year 2022, 

9 $20,618,711 for fiscal year 2023, 

10 $20,948,611 for fiscal year 2024, and 

11 $21,277,504 for fiscal year 2025 shall be 

12 available to carry out section 5310(k); 

13 ‘‘(E) $1,025,199,724 for fiscal year 2022, 

14 $1,041,192,839 for fiscal year 2023, 

15 $1,057,851,925 for fiscal year 2024, and 

16 $1,074,460,200 for fiscal year 2025 shall be 

17 available to carry out section 5311, of which not 

18 less than— 

19 ‘‘(i) $55,679,500 for fiscal year 2022, 

20 $56,392,100 for fiscal year 2023, 

21 $57,134,374 for fiscal year 2024, and 

22 $57,874,383 for fiscal year 2025 shall be 

23 available to carry out section 5311(c)(1); 

24 and 


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1 ‘‘(ii) $50,755,000 for fiscal year 2022, 

2 $51,546,778 for fiscal year 2023, 

3 $52,371,526 for fiscal year 2024, and 

4 $53,193,759 for fiscal year 2025 shall be 

5 available to carry out section 5311(c)(2); 

6 ‘‘(F) $33,498,300 for fiscal year 2022, 

7 $34,020,873 for fiscal year 2023, $34,565,207 for 

8 fiscal year 2024, and $35,107,881 for fiscal year 

9 2025 shall be available to carry out section 5312, 

10 of which not less than— 

11 ‘‘(i) $5,075,500 for fiscal year 2022, 

12 $5,154,678 for fiscal year 2023, $5,237,153 

13 for fiscal year 2024, and $5,319,376 for fis14 cal year 2025 shall be available to carry out 

15 each of sections 5312(d)(3), 5312(d)(4) and 

16 5312(j); 

17 ‘‘(ii) $3,045,300 for fiscal year 2022, 

18 $3,092,807 for fiscal year 2023, $3,142,292 

19 for fiscal year 2024, and $3,191,626 for fis20 cal year 2025 shall be available to carry out 

21 section 5312(h); and 

22 ‘‘(iii) $10,151,000 for fiscal year 2022, 

23 $10,309,356 for fiscal year 2023, 

24 $10,474,305 for fiscal year 2024, and 


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1 $10,638,752 for fiscal year 2025 shall be 

2 available to carry out section 5312(i); 

3 ‘‘(G) $23,347,300 for fiscal year 2022, 

4 $23,711,518 for fiscal year 2023, $24,090,902 for 

5 fiscal year 2024, and $24,469,129 for fiscal year 

6 2025 shall be available to carry out section 5314, 

7 of which not less than— 

8 ‘‘(i) $4,060,400 for fiscal year 2022, 

9 $4,123,742 for fiscal year 2023, $4,189,722 

10 for fiscal year 2024, and $4,255,501 for fis11 cal year 2025 shall be available to carry out 

12 section of 5314(a); 

13 ‘‘(ii) $5,075,500 for fiscal year 2022, 

14 $5,154,678 for fiscal year 2023, $5,237,153 

15 for fiscal year 2024, and $5,319,376 for fis16 cal year 2025 shall be available to carry out 

17 section 5314(c); and 

18 ‘‘(iii) $12,181,200 for fiscal year 2022, 

19 $12,371,227 for fiscal year 2023, 

20 $12,569,166 for fiscal year 2024, and 

21 $12,766,502 for fiscal year 2025 shall be 

22 available to carry out section 5314(b)(2); 

23 ‘‘(H) $5,075,500 for fiscal year 2022, 

24 $5,154,678 for fiscal year 2023, $5,237,153 for 


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1 fiscal year 2024, and $5,319,376 for fiscal year 

2 2025 shall be available to carry out section 5318; 

3 ‘‘(I) $30,453,000 for fiscal year 2022, 

4 $30,928,067 for fiscal year 2023, $31,422,916 for 

5 fiscal year 2024, and $31,916,256 for fiscal year 

6 2025 shall be available to carry out section 5328, 

7 of which not less than— 

8 ‘‘(i) $25,377,500 for fiscal year 2022, 

9 $25,773,389 for fiscal year 2023, 

10 $26,185,763 for fiscal year 2024, and 

11 $26,596,880 for fiscal year 2025 shall be 

12 available to carry out section of 5328(b); 

13 and 

14 ‘‘(ii) $2,537,750 for fiscal year 2022, 

15 $2,577,339 for fiscal year 2023, $2,618,576 

16 for fiscal year 2024, and $2,659,688 for fis17 cal year 2025 shall be available to carry out 

18 section 5328(c); 

19 ‘‘(J) $4,060,400 for fiscal year 2022, 

20 $4,123,742 for fiscal year 2023, $4,189,722 for 

21 fiscal year 2024, and $4,255,501 for fiscal year 

22 2025 shall be available to carry out section 5335; 

23 ‘‘(K) $4,192,573,361 for fiscal year 2022, 

24 $4,266,448,314 for fiscal year 2023, 

25 $4,344,093,870 for fiscal year 2024, and 


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1 $4,422,314,724 for fiscal year 2025 shall be 

2 available to carry out section 5337; 

3 ‘‘(L) to carry out the bus formula program 

4 under section 5339(a)— 

5 ‘‘(i) $1,240,328,213 for fiscal year 

6 2022, $1,259,667,334 for fiscal year 2023, 

7 $1,279,832,171 for fiscal year 2024, and 

8 $1,299,925,536 for fiscal year 2025; except 

9 that 

10 ‘‘(ii) 15 percent of the amounts under 

11 clause (i) shall be available to carry out 

12 5339(d); 

13 ‘‘(M) $437,080,000 for fiscal year 2022, 

14 $424,748,448 for fiscal year 2023, $387,944,423 

15 for fiscal year 2024, and $351,100,151 for fiscal 

16 year 2025 shall be available to carry out section 

17 5339(b); 

18 ‘‘(N) $375,000,000 for fiscal year 2022, 

19 $400,000,000 for fiscal year 2023, $450,000,000 

20 for fiscal year 2024, and $500,000,000 for fiscal 

21 year 2025 shall be available to carry out section 

22 5339(c); and 

23 ‘‘(O) $587,133,905 for each of fiscal years 

24 2022 through 2025 shall be available to carry 

25 out section 5340 to provide financial assistance 


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1 for urbanized areas under section 5307 and 

2 rural areas under section 5311, of which— 

3 ‘‘(i) $309,688,908 for each of fiscal 

4 years 2022 through 2025 shall be for grow5 ing States under section 5340(c); and 

6 ‘‘(ii) $277,444,997 for each of fiscal 

7 years 2022 through 2025 shall be for high 

8 density States under section 5340(d). 

9 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au10 thorized to be appropriated to carry out section 5309 

11 $3,500,000,000 for fiscal year 2022, $4,250,000,000 for fis12 cal year 2023, $5,000,000,000 for fiscal year 2024, and 

13 5,500,000,000 for fiscal year 2025. 

14 ‘‘(c) ADMINISTRATION.— 

15 ‘‘(1) IN GENERAL.—There are authorized to be 

16 appropriated to carry out section 5334, $142,060,785 

17 for fiscal year 2022, $144,191,696 for fiscal year 

18 2023, $146,412,248 for fiscal year 2024, and 

19 148,652,356 for fiscal year 2025. 

20 ‘‘(2) SECTION 5329.—Of the amounts authorized 

21 to be appropriated under paragraph (1), not less than 

22 $6,000,000 for each of fiscal years 2022 through 2025 

23 shall be available to carry out section 5329. 

24 ‘‘(3) SECTION 5326.—Of the amounts made avail25 able under paragraph (2), not less than $2,500,000 


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1 for each of fiscal years 2022 through 2025 shall be 

2 available to carry out section 5326. 

3 ‘‘(d) OVERSIGHT.— 

4 ‘‘(1) IN GENERAL.—Of the amounts made avail5 able to carry out this chapter for a fiscal year, the 

6 Secretary may use not more than the following 

7 amounts for the activities described in paragraph (2): 

8 ‘‘(A) 0.5 percent of amounts made available 

9 to carry out section 5305. 

10 ‘‘(B) 0.75 percent of amounts made avail11 able to carry out section 5307. 

12 ‘‘(C) 1 percent of amounts made available 

13 to carry out section 5309. 

14 ‘‘(D) 1 percent of amounts made available 

15 to carry out section 601 of the Passenger Rail 

16 Investment and Improvement Act of 2008 (Pub17 lic Law 110–432; 126 Stat. 4968). 

18 ‘‘(E) 0.5 percent of amounts made available 

19 to carry out section 5310. 

20 ‘‘(F) 0.5 percent of amounts made available 

21 to carry out section 5311. 

22 ‘‘(G) 1 percent of amounts made available 

23 to carry out section 5337, of which not less than 

24 25 percent of such amounts shall be available to 

25 carry out section 5329 and of which not less 


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1 than 10 percent of such amounts shall be made 

2 available to carry out section 5320. 

3 ‘‘(H) 1 percent of amounts made available 

4 to carry out section 5339 of which not less than 

5 10 percent of such amounts shall be made avail6 able to carry out section 5320. 

7 ‘‘(I) 1 percent of amounts made available to 

8 carry out section 5308. 

9 ‘‘(2) ACTIVITIES.—The activities described in 

10 this paragraph are as follows: 

11 ‘‘(A) Activities to oversee the construction of 

12 a major capital project. 

13 ‘‘(B) Activities to review and audit the safe14 ty and security, procurement, management, and 

15 financial compliance of a recipient or sub16 recipient of funds under this chapter. 

17 ‘‘(C) Activities to provide technical assist18 ance generally, and to provide technical assist19 ance to correct deficiencies identified in compli20 ance reviews and audits carried out under this 

21 section. 

22 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov23 ernment shall pay the entire cost of carrying out a 

24 contract under this subsection/activities described in 

25 paragraph (2). 


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1 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds 

2 made available under paragraph (1)(C) shall be made 

3 available to the Secretary before allocating the funds 

4 appropriated to carry out any project under a full 

5 funding grant agreement. 

6 ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

7 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

8 FUND.—A grant or contract that is approved by the 

9 Secretary and financed with amounts made available 

10 from the Mass Transit Account of the Highway Trust 

11 Fund pursuant to this section is a contractual obliga12 tion of the Government to pay the Government share 

13 of the cost of the project. 

14 ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— 

15 A grant or contract that is approved by the Secretary 

16 and financed with amounts appropriated in advance 

17 from the general fund of the Treasury pursuant to 

18 this section is a contractual obligation of the Govern19 ment to pay the Government share of the cost of the 

20 project only to the extent that amounts are appro21 priated for such purpose by an Act of Congress. 

22 ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 

23 available by or appropriated under this section shall re24 main available until expended.’’. 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 5311 of title 49, United States Code, 

2 is amended by striking ‘‘5338(a)(2)(F)’’ and inserting 

3 ‘‘5338(a)(2)(E)’’. 

4 (2) Section 5312(i)(1) of title 49, United States 

5 Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’ and 

6 inserting ‘‘5338(a)(2)(F)(iii)’’. 

7 (3) Section 5333(b) of title 49, United States 

8 Code, is amended by striking ‘‘5328, 5337, and 

9 5338(b)’’ each place it appears and inserting ‘‘and 

10 5337’’. 

11 (4) Section 5336 of title 49, United States Code, 

12 is amended— 

13 (A) in subsection (d)(1) by striking 

14 ‘‘5338(a)(2)(C)’’ and inserting ‘‘5338(a)(2)(B)’’; 

15 and 

16 (B) in subsection (h) by striking 

17 ‘‘5338(a)(2)(C)’’ and inserting ‘‘5338(a)(2)(B)’’. 

18 (5) Subsections (c) and (d)(1) of section 5327 of 

19 title 49, United States Code, are amended by striking 

20 ‘‘5338(f)’’ and inserting ‘‘5338(d)’’. 

21 (6) Section 5340(b) of title 49, United States 

22 Code, is amended by striking ‘‘5338(b)(2)(N)’’ and in23 serting ‘‘5338(a)(2)(O)’’. 


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1 SEC. 2102. CHAPTER 53 DEFINITIONS. 

2 Section 5302 of title 49, United States Code, is amend3 ed— 

4 (1) in paragraph (1)(E)— 

5 (A) by striking ‘‘and the installation’’ and 

6 inserting ‘‘, the installation’’; and 

7 (B) by inserting ‘‘, and bikeshare projects’’ 

8 after ‘‘public transportation vehicles’’; 

9 (2) in paragraph (3)— 

10 (A) in subparagraph (G) by striking clause 

11 (iii) and inserting the following: 

12 ‘‘(iii) provides a fair share of revenue 

13 established by the Secretary that will be 

14 used for public transportation, except for a 

15 joint development that is a community serv16 ice (as defined by the Federal Transit Ad17 ministration), publicly operated facility, or 

18 offers a minimum of 50 percent of units as 

19 affordable housing, meaning legally binding 

20 affordability restricted housing units avail21 able to tenants with incomes below 60 per22 cent of the area median income or owners 

23 with incomes below the area median;’’; and 

24 (B) in subparagraph (N)— 

25 (i) by striking ‘‘no emission’’ and in26 serting ‘‘zero emission’’; and 


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1 (ii) by striking ‘‘(as defined in section 

2 5339(c))’’; and 

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

4 ‘‘(25) RESILIENCE.— 

5 ‘‘(A) IN GENERAL.—The term ‘resilience’ 

6 means, with respect to a facility, the ability to— 

7 ‘‘(i) anticipate, prepare for, or adapt 

8 to conditions; or 

9 ‘‘(ii) withstand, respond to, or recover 

10 rapidly from disruptions. 

11 ‘‘(B) INCLUSIONS.—Such term includes, 

12 with respect to a facility, the ability to— 

13 ‘‘(i) resist hazards or withstand im14 pacts from disruptions; 

15 ‘‘(ii) reduce the magnitude, duration, 

16 or impact of a disruption; or 

17 ‘‘(iii) have the absorptive capacity, 

18 adaptive capacity, and recoverability to de19 crease vulnerability to a disruption. 

20 ‘‘(26) ASSAULT ON A TRANSIT WORKER.—The 

21 term ‘assault on a transit worker’ means any cir22 cumstance in which an individual knowingly, with23 out lawful authority or permission, and with intent 

24 to endanger the safety of any individual, or with a 

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1 feres with, disables, or incapacitates any transit 

2 worker while the transit worker is performing his or 

3 her duties.’’. 

4 SEC. 2103. GENERAL PROVISIONS. 

5 Section 5323 of title 49, United States Code, is amend6 ed— 

7 (1) in subsection (d)— 

8 (A) in paragraph (1) by striking ‘‘urban 

9 area’’ and inserting ‘‘urbanized area’’; 

10 (B) by adding at the end the following: 

11 ‘‘(3) EXCEPTIONS.—This subsection shall not 

12 apply to financial assistance under this chapter— 

13 ‘‘(A) in which the non-Federal share of 

14 project costs are provided from amounts received 

15 under a service agreement with a State or local 

16 social service agency or private social service or17 ganization pursuant to section 5307(d)(3)(E) or 

18 section 5311(g)(3)(C); 

19 ‘‘(B) provided to a recipient or subrecipient 

20 whose sole receipt of such assistance derives from 

21 section 5310; or 

22 ‘‘(C) provided to a recipient operating a 

23 fixed route service that is— 

24 ‘‘(i) for a period of less than 30 days; 

25 ‘‘(ii) accessible to the public; 


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1 ‘‘(iii) contracted by a local government 

2 entity that provides local cost share to the 

3 recipient; and 

4 ‘‘(iv) not contracted for the purposes of 

5 a convention or on behalf of a convention 

6 and visitors bureau. 

7 ‘‘(4) GUIDELINES.—The Secretary shall publish 

8 guidelines for grant recipients and private bus opera9 tors that clarify when and how a transit agency may 

10 step back and provide the service in the event a reg11 istered charter provider does not contact the customer, 

12 provide a quote, or provide the service.’’; 

13 (2) in subsection (h)— 

14 (A) in paragraph (1) by adding ‘‘or’’ at the 

15 end; and 

16 (B) by striking paragraph (2) and redesig17 nating paragraph (3) as paragraph (2); 

18 (3) by striking subsection (j) and inserting the 

19 following: 

20 ‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

22 that an individual who believes that he or she, or a 

23 specific class in which the individual belongs, has 

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1 vate nonprofit organization, or Tribe that operates a 

2 public transportation service and is a recipient or 

3 subrecipient of funds under this chapter, may, by the 

4 individual or by an authorized representative, file a 

5 complaint with the Department of Transportation. 

6 ‘‘(2) PROCEDURES.—Not later than 1 year after 

7 the date of enactment of the INVEST in America Act, 

8 the Secretary shall implement procedures that allow 

9 an individual to submit a complaint described in 

10 paragraph (1) by phone, mail-in form, and online 

11 through the website of the Office of Civil Rights of the 

12 Federal Transit Administration. 

13 ‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL14 ITIES.—Not later than 12 months after the date of en15 actment of the INVEST in America Act, the Secretary 

16 shall require that each public transit provider and 

17 contractor providing paratransit services shall in18 clude on a publicly available website of the service 

19 provider, any related mobile device application, and 

20 online service— 

21 ‘‘(A) notice that an individual can file a 

22 disability-related complaint with the local tran23 sit agency and the process and any timelines for 

24 filing such a complaint; 


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1 ‘‘(B) the telephone number, or a comparable 

2 electronic means of communication, for the dis3 ability assistance hotline of the Office of Civil 

4 Rights of the Federal Transit Administration; 

5 ‘‘(C) notice that a consumer can file a dis6 ability related complaint with the Office of Civil 

7 Rights of the Federal Transit Administration; 

8 and 

9 ‘‘(D) an active link to the website of the Of10 fice of Civil Rights of the Federal Transit Ad11 ministration for an individual to file a dis12 ability-related complaint. 

13 ‘‘(4) INVESTIGATION OF COMPLAINTS.—Not later 

14 than 60 days after the last day of each fiscal year, 

15 the Secretary shall publish a report that lists the dis16 position of complaints described in paragraph (1), in17 cluding— 

18 ‘‘(A) the number and type of complaints 

19 filed with Department of Transportation; 

20 ‘‘(B) the number of complaints investigated 

21 by the Department; 

22 ‘‘(C) the result of the complaints that were 

23 investigated by the Department including wheth24 er the complaint was resolved— 

25 ‘‘(i) informally; 


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1 ‘‘(ii) by issuing a violation through a 

2 noncompliance Letter of Findings; or 

3 ‘‘(iii) by other means, which shall be 

4 described; and 

5 ‘‘(D) if a violation was issued for a com6 plaint, whether the Department resolved the non7 compliance by— 

8 ‘‘(i) reaching a voluntary compliance 

9 agreement with the entity; 

10 ‘‘(ii) referring the matter to the Attor11 ney General; or 

12 ‘‘(iii) by other means, which shall be 

13 described. 

14 ‘‘(5) REPORT.—The Secretary shall, upon imple15 mentation of this section and annually thereafter, 

16 submit to the Committee on Transportation and In17 frastructure of the House of Representatives, the Com18 mittee on Banking, Housing, and Urban Affairs of 

19 the Senate, and make publicly available a report con20 taining the information collected under this section.’’; 

21 (4) by striking subsection (m) and inserting the 

22 following: 

23 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF

24 ROLLING STOCK PURCHASES.—The Secretary shall pre25 scribe regulations requiring a preaward and postdelivery 


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1 review of a grant under this chapter to buy rolling stock 

2 to ensure compliance with bid specifications requirements 

3 of grant recipients under this chapter. Under this sub4 section, grantee inspections and review are required, and 

5 a manufacturer certification is not sufficient.’’; and 

6 (5) in subsection (r)— 

7 (A) by inserting ‘‘or beneficial’’ after ‘‘detri8 mental’’; 

9 (B) by striking the period at the end and 

10 inserting ‘‘; and’’; 

11 (C) by striking ‘‘under this chapter may not 

12 deny’’ and inserting the following: ‘‘under this 

13 chapter— 

14 ‘‘(1) may not deny’’; and 

15 (D) by adding at the end the following: 

16 ‘‘(2) shall respond to any request for reasonable 

17 access within 75 days of the receipt of the request.’’. 

18 SEC. 2104. MISCELLANEOUS PROVISIONS. 

19 (a) STATE OF GOOD REPAIR GRANTS.—Section 

20 5337(e) of title 49, United States Code, is amended by add21 ing at the end the following: 

22 ‘‘(3) ACCESSIBILITY COSTS.—Notwithstanding 

23 paragraph (1), the Federal share of the net project 

24 cost of a project to provide accessibility in compliance 


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1 with the Americans with Disabilities Act of 1990 (42 

2 U.S.C. 12101 et seq.) shall be 90 percent.’’. 

3 (b) APPORTIONMENTS BASED ON GROWING STATES

4 AND HIGH DENSITY STATES FORMULA FACTORS.—Section 

5 5340(a) of title 49, United States Code, is amended by in6 serting ‘‘and the District of Columbia’’ after ‘‘United 

7 States’’. 

8 (c) TECHNICAL ASSISTANCE AND WORKFORCE DEVEL9 OPMENT.—Section 5314 of title 49, United States Code, is 

10 amended— 

11 (1) in subsection (a)(1)(B)— 

12 (A) in clause (i) by striking ‘‘; and’’ and 

13 inserting a semicolon; 

14 (B) in clause (ii) by striking the period and 

15 inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(iii) technical assistance to assist re18 cipients with the impacts of a new census 

19 count.’’; and 

20 (2) in subsection (c)(4)(A) by inserting ‘‘, 5311’’ 

21 after ‘‘5307’’. 

22 (d) NATIONAL TRANSIT DATABASE.—Section 5335 of 

23 title 49, United States Code, is amended— 


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1 (1) in subsection (a) by inserting ‘‘, including 

2 information on transit routes and ridership on those 

3 routes’’ after ‘‘public sector investment decision’’; and 

4 (2) in subsection (c) by inserting ‘‘, any data on 

5 each assault on a transit worker, and pedestrian inju6 ries and fatalities as a result of an impact with a 

7 bus. Each of the data sets shall be publicly reported 

8 without aggregating the data with other safety data’’ 

9 after ‘‘by the recipient’’. 

10 (e) URBANIZED AREA FORMULA GRANTS.—Section 

11 5307 of title 49, United States Code, is amended— 

12 (1) in subsection (a)(2)(A)— 

13 (A) in clause (i) by striking ‘‘or’’ at the 

14 end; and 

15 (B) by adding at the end the following: 

16 ‘‘(iii) operate a minimum of 101 buses 

17 and a maximum of 125 buses in fixed route 

18 service or demand response service, exclud19 ing ADA complementary paratransit serv20 ice, during peak service hours, in an 

21 amount not to exceed 25 percent of the share 

22 of the apportionment which is attributable 

23 to such systems within the urbanized area, 

24 as measured by vehicle revenue hours; or’’; 

25 (2) in subsection (a)(2)(B)— 


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1 (A) in clause (i) by striking ‘‘or’’ at the 

2 end; 

3 (B) in clause (ii) by striking the period at 

4 the end and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(iii) operate a minimum of 101 buses 

7 and a maximum of 125 buses in fixed route 

8 service or demand response service, exclud9 ing ADA complementary paratransit serv10 ice, during peak service hours, in an 

11 amount not to exceed 25 percent of the share 

12 of the apportionment allocated to such sys13 tems within the urbanized area, as deter14 mined by the local planning process and in15 cluded in the designated recipient’s final 

16 program of projects prepared under sub17 section (b).’’; and 

18 (3) in subsection (b)— 

19 (A) in paragraph (6) by striking ‘‘and’’ at 

20 the end; 

21 (B) by redesignating paragraph (7) as 

22 paragraph (8); and 

23 (C) by inserting after paragraph (6) the fol24 lowing: 


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1 ‘‘(7) ensure that the proposed program of projects 

2 provides improved access to transit for the individ3 uals described in section 5336(j); and’’. 

4 (f) TECHNICAL CORRECTION.—Section 

5 5307(a)(2)(B)(ii) of title 49, United States Code, is amend6 ed by striking ‘‘service during peak’’ and inserting ‘‘service, 

7 during peak’’. 

8 (g) IMPOSITION OF DEADLINE.—Section 5324 of title 

9 49, United States Code, is amended by adding at the end 

10 the following: 

11 ‘‘(f) IMPOSITION OF DEADLINE.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of law, the Secretary may not require any 

14 project funded under this section to advance to the 

15 construction obligation stage before the date that is 

16 the last day of the sixth fiscal year after the later of— 

17 ‘‘(A) the date on which the Governor de18 clared the emergency, as described in subsection 

19 (d)(1)(A); or 

20 ‘‘(B) the date on which the President de21 clared the emergency to be a major disaster, as 

22 described in such subsection. 

23 ‘‘(2) EXTENSION OF DEADLINE.—If the Secretary 

24 imposes a deadline for advancement to the construc25 tion obligation stage pursuant to paragraph (1), the 


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1 Secretary may, upon the request of the Governor of 

2 the State, issue an extension of not more than 1 year 

3 to complete such advancement, and may issue addi4 tional extensions after the expiration of any exten5 sion, if the Secretary determines the Governor of the 

6 State has provided suitable justification to warrant 

7 such an extension.’’. 

8 (h) TRANSPORTATION DEVELOPMENT CREDITS AS

9 LOCAL MATCH.— 

10 (1) SECTION 5307.—Section 5307(d)(3) of title 

11 49, United States Code, is amended— 

12 (A) in subparagraph (D) by striking ‘‘; 

13 and’’ and inserting a semicolon; 

14 (B) in subparagraph (E) by striking the pe15 riod and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(F) transportation development credits.’’. 

18 (2) SECTION 5309.—Section 5309 of title 49, 

19 United States Code, is amended— 

20 (A) in subsection (f) by adding at the end 

21 the following: 

22 ‘‘(3) TRANSPORTATION DEVELOPMENT CRED23 ITS.—For purposes of assessments and determinations 

24 under this subsection or subsection (h), transportation 

25 development credits that are included as a source of 


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1 local financing or match shall be treated the same as 

2 other sources of local financing.’’; and 

3 (B) in subsection (l)(4)— 

4 (i) in subparagraph (B) by striking ‘‘; 

5 or’’ and inserting a semicolon; 

6 (ii) in subparagraph (C) by striking 

7 the period and inserting ‘‘; or’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(D) transportation development credits.’’. 

11 (3) SECTION 5339.—Section 5339(a)(7)(B) of title 

12 49, United States Code, is amended— 

13 (A) in clause (iv) by striking ‘‘; or’’ and in14 serting a semicolon; 

15 (B) in clause (v) by striking the period and 

16 inserting ‘‘; or’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(vi) transportation development cred19 its.’’. 

20 SEC. 2105. POLICIES AND PURPOSES. 

21 Section 5301(b) of title 49, United States Code, is 

22 amended— 

23 (1) in paragraph (7) by striking ‘‘; and’’ and in24 serting a semicolon; 


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1 (2) in paragraph (8) by striking the period and 

2 inserting a semicolon; and 

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

4 ‘‘(9) reduce the contributions of the surface 

5 transportation system to the total carbon pollution of 

6 the United States; and 

7 ‘‘(10) improve the resiliency of the public trans8 portation network to withstand weather events and 

9 other natural disasters.’’. 

10 SEC. 2106. FISCAL YEAR 2022 FORMULAS. 

11 For fiscal year 2022, the Secretary shall apportion and 

12 distribute formula funds provided for under chapter 53 of 

13 title 49, United States Code, using data submitted to the 

14 2019 National Transit Database. 

15 SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING. 

16 Section 5303 of title 49, United States Code, is amend17 ed— 

18 (1) by amending subsection (a)(1) to read as fol19 lows: 

20 ‘‘(1) to encourage and promote the safe and effi21 cient management, operation, and development of sur22 face transportation systems that will serve the mobil23 ity needs of people and freight, foster economic growth 

24 and development within and between States and ur25 banized areas, and take into consideration resiliency 


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1 and climate change adaptation needs while reducing 

2 transportation-related fuel consumption, air pollu3 tion, and greenhouse gas emissions through metropoli4 tan and statewide transportation planning processes 

5 identified in this chapter; and’’. 

6 (2) in subsection (b)— 

7 (A) by redesignating paragraphs (6) and 

8 (7) as paragraphs (7) and (8), respectively; and 

9 (B) by inserting after paragraph (5) the fol10 lowing: 

11 ‘‘(6) STIP.—The term ‘STIP’ means a statewide 

12 transportation improvement program developed by a 

13 State under section 135(g).’’; 

14 (3) in subsection (c)— 

15 (A) in paragraph (1) by striking ‘‘and 

16 transportation improvement programs’’ and in17 serting ‘‘and TIPs’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(4) CONSIDERATION.—In developing the plans 

20 and TIPs, metropolitan planning organizations shall 

21 consider direct and indirect emissions of greenhouse 

22 gases.’’; 

23 (4) in subsection (d)— 

24 (A) in paragraph (2) by striking ‘‘Not later 

25 than 2 years after the date of enactment of the 


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1 Federal Public Transportation Act of 2012, 

2 each’’ and inserting ‘‘Each’’; 

3 (B) in paragraph (3) by adding at the end 

4 the following: 

5 ‘‘(D) CONSIDERATIONS.— 

6 ‘‘(i) EQUITABLE AND PROPORTIONAL

7 REPRESENTATION.—In designating officials 

8 or representatives under paragraph (2), the 

9 metropolitan planning organization shall 

10 consider the equitable and proportional rep11 resentation of the population of the metro12 politan planning area. 

13 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 

14 this paragraph shall require a metropolitan 

15 planning organization in existence on the 

16 date of enactment of this subparagraph to 

17 be restructured. 

18 ‘‘(iii) REDESIGNATION.—Notwith19 standing clause (ii), the requirements of this 

20 paragraph shall apply to any metropolitan 

21 planning organization redesignated under 

22 paragraph (6).’’; 

23 (C) in paragraph (6)(B) by striking ‘‘para24 graph (2)’’ and inserting ‘‘paragraphs (2) or 

25 (3)(D)’’; and 


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1 (D) in paragraph (7)— 

2 (i) by striking ‘‘an existing metropoli3 tan planning area’’ and inserting ‘‘an ur4 banized area’’; and 

5 (ii) by striking ‘‘the existing metropoli6 tan planning area’’ and inserting ‘‘the 

7 area’’; 

8 (5) in subsection (g)— 

9 (A) in paragraph (1) by striking ‘‘a metro10 politan area’’ and inserting ‘‘an urbanized 

11 area’’; 

12 (B) in paragraph (2) by striking ‘‘MPOS’’ 

13 and inserting ‘‘METROPOLITAN PLANNING

14 AREAS’’ 

15 (C) in paragraph (3)(A) by inserting 

16 ‘‘emergency response and evacuation, climate 

17 change adaptation and resilience,’’ after ‘‘dis18 aster risk reduction,’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(4) COORDINATION BETWEEN MPOS.— 

21 ‘‘(A) IN GENERAL.—If more than 1 metro22 politan planning organization is designated 

23 within an urbanized area under subsection 

24 (d)(7), the metropolitan planning organizations 

25 designated within the area shall ensure, to the 


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1 maximum extent practicable, the consistency of 

2 any data used in the planning process, including 

3 information used in forecasting travel demand. 

4 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 

5 paragraph requires metropolitan planning orga6 nizations designated within a single urbanized 

7 area to jointly develop planning documents, in8 cluding a unified long-range transportation plan 

9 or unified TIP.’’; 

10 (6) in subsection (h)(1)— 

11 (A) by striking subparagraph (E) and in12 serting the following: 

13 ‘‘(E) protect and enhance the environment, 

14 promote energy conservation, reduce greenhouse 

15 gas emissions, improve the quality of life and 

16 public health, and promote consistency between 

17 transportation improvements and State and 

18 local planned growth and economic development 

19 patterns, including housing and land use pat20 terns;’’; 

21 (B) in subparagraph (H) by striking ‘‘and’’ 

22 at the end; 

23 (C) in subparagraph (I) by striking the pe24 riod at the end and inserting ‘‘and reduce or 

25 mitigate stormwater, sea level rise, extreme 


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1 weather, and climate change impacts of surface 

2 transportation;’’; and 

3 (D) by inserting after subparagraph (I) the 

4 following: 

5 ‘‘(J) facilitate emergency management, re6 sponse, and evacuation and hazard mitigation; 

7 ‘‘(K) improve the level of transportation 

8 system access; and 

9 ‘‘(L) support inclusive zoning policies and 

10 land use planning practices that incentivize af11 fordable, elastic, and diverse housing supply, fa12 cilitate long-term economic growth by improving 

13 the accessibility of housing to jobs, and prevent 

14 high housing costs from displacing economically 

15 disadvantaged households.’’; 

16 (7) in subsection (h)(2) by striking subpara17 graph (A) and inserting the following: 

18 ‘‘(A) IN GENERAL.—Through the use of a 

19 performance-based approach, transportation in20 vestment decisions made as a part of the metro21 politan transportation planning process shall 

22 support the national goals described in section 

23 150(b), the achievement of metropolitan and 

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1 tem access (consistent with section 150(f)), and 

2 the general purposes described in section 5301 of 

3 title 49.’’; 

4 (8) in subsection (i)— 

5 (A) in paragraph (1) by striking ‘‘(i) IN

6 GENERAL’’ and all that follows through ‘‘every 5 

7 years’’ and inserting ‘‘The metropolitan plan8 ning organization shall prepare and update such 

9 plan every 4 years’’; 

10 (B) in paragraph (2)(D)(i) by inserting 

11 ‘‘reduce greenhouse gas emissions and’’ before 

12 ‘‘restore and maintain’’; 

13 (C) in paragraph (2)(G) by inserting ‘‘and 

14 climate change’’ after ‘‘infrastructure to natural 

15 disasters’’; 

16 (D) in paragraph (2)(H) by inserting 

17 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 

18 (E) in paragraph (5)— 

19 (i) in subparagraph (A) by inserting 

20 ‘‘air quality, public health, housing, trans21 portation, resilience, hazard mitigation, 

22 emergency management,’’ after ‘‘conserva23 tion,’’; and 

24 (ii) by striking subparagraph (B) and 

25 inserting the following: 


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1 ‘‘(B) ISSUES.—The consultation shall in2 volve, as appropriate, comparison of transpor3 tation plans to other relevant plans, including, if 

4 available— 

5 ‘‘(i) State conservation plans or maps; 

6 and 

7 ‘‘(ii) inventories of natural or historic 

8 resources.’’; and 

9 (F) by amending paragraph (6)(C) to read 

10 as follows: 

11 ‘‘(C) METHODS.— 

12 ‘‘(i) IN GENERAL.—In carrying out 

13 subparagraph (A), the metropolitan plan14 ning organization shall, to the maximum 

15 extent practicable— 

16 ‘‘(I) hold any public meetings at 

17 convenient and accessible locations and 

18 times; 

19 ‘‘(II) employ visualization tech20 niques to describe plans; and 

21 ‘‘(III) make public information 

22 available in electronically accessible 

23 format and means, such as the World 

24 Wide Web, as appropriate to afford 

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1 ation of public information under sub2 paragraph (A). 

3 ‘‘(ii) ADDITIONAL METHODS.—In addi4 tion to the methods described in clause (i), 

5 in carrying out subparagraph (A), the met6 ropolitan planning organization shall, to 

7 the maximum extent practicable— 

8 ‘‘(I) use virtual public involve9 ment, social media, and other web10 based tools to encourage public partici11 pation and solicit public feedback; and 

12 ‘‘(II) use other methods, as appro13 priate, to further encourage public par14 ticipation of historically underrep15 resented individuals in the transpor16 tation planning process.’’; 

17 (9) in subsection (j)— 

18 (A) by striking ‘‘transportation improve19 ment program’’ and inserting ‘‘TIP’’ each place 

20 it appears; and 

21 (B) in paragraph (2)(D)— 

22 (i) by striking ‘‘PERFORMANCE TAR23 GET ACHIEVEMENT’’ and inserting ‘‘PER24 FORMANCE MANAGEMENT’’; 


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1 (ii) by striking ‘‘The TIP’’ and insert2 ing the following: 

3 ‘‘(i) IN GENERAL.—The TIP’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(ii) TRANSPORTATION MANAGEMENT

7 AREAS.—For metropolitan planning areas 

8 that represent an urbanized area designated 

9 as a transportation management area 

10 under subsection (k), the TIP shall in11 clude— 

12 ‘‘(I) a discussion of the antici13 pated effect of the TIP toward achiev14 ing the performance targets established 

15 in the metropolitan transportation 

16 plan, linking investment priorities to 

17 such performance targets; and 

18 ‘‘(II) a description of how the TIP 

19 would improve the overall level of 

20 transportation system access, consistent 

21 with section 150(f) of title 23.’’; 

22 (10) in subsection (k)— 

23 (A) in paragraph (3)(A)— 


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1 (i) by striking ‘‘shall address conges2 tion management’’ and inserting the fol3 lowing: ‘‘shall address— 

4 ‘‘(i) congestion management’’; 

5 (ii) by striking the period at the end 

6 and inserting ‘‘; and’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(ii) the overall level of transportation 

10 system access for various modes of travel 

11 within the metropolitan planning area, in12 cluding the level of access for economically 

13 disadvantaged communities, consistent with 

14 section 150(f) of title 23, that is based on a 

15 cooperatively developed and implemented 

16 metropolitan-wide strategy, assessing both 

17 new and existing transportation facilities 

18 eligible for funding under this chapter and 

19 title 23.’’; and 

20 (B) in paragraph (5)(B)— 

21 (i) in clause (i) by striking ‘‘; and’’ 

22 and inserting a semicolon; 

23 (ii) in clause (ii) by striking the pe24 riod and inserting ‘‘; and’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(iii) the TIP approved under clause 

4 (ii) improves the level of transportation sys5 tem access, consistent with section 150(f) of 

6 title 23.’’; 

7 (11) in subsection (l)(2)— 

8 (A) by striking ‘‘5 years after the date of 

9 enactment of the Federal Public Transportation 

10 Act of 2012’’ and inserting ‘‘2 years after the 

11 date of enactment of the INVEST in America 

12 Act, and every 2 years thereafter,’’; 

13 (B) in subparagraph (C) by striking ‘‘and 

14 whether metropolitan planning organizations are 

15 developing meaningful performance targets; and’’ 

16 and inserting a semicolon; and 

17 (C) by striking subparagraph (D) and in18 serting the following: 

19 ‘‘(D) a listing of all metropolitan planning 

20 organizations that are establishing performance 

21 targets and whether such performance targets es22 tablished by the metropolitan planning organiza23 tion are meaningful or regressive (as defined in 

24 section 150(d)(3)(B) of title 23); and 


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1 ‘‘(E) the progress of implementing the meas2 ure established under section 150(f) of title 23 

3 and related requirements under this section and 

4 section 135 of title 23.’’; and 

5 (12) by striking ‘‘Federally’’ each place it ap6 pears and inserting ‘‘federally’’. 

7 SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANS8 PORTATION PLANNING. 

9 Section 5304 of title 49, United States Code, is amend10 ed— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1) by striking ‘‘statewide 

13 transportation improvement program’’ and in14 serting ‘‘STIP’’; 

15 (B) in paragraph (2)— 

16 (i) by striking ‘‘The statewide trans17 portation plan and the’’ and inserting the 

18 following: 

19 ‘‘(A) IN GENERAL.—The statewide transpor20 tation plan and the’’; 

21 (ii) by striking ‘‘transportation im22 provement program’’ and inserting ‘‘STIP’’; 

23 and 

24 (iii) by adding at the end the fol25 lowing: 


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1 ‘‘(B) CONSIDERATION.—In developing the 

2 statewide transportation plans and STIPs, 

3 States shall consider direct and indirect emis4 sions of greenhouse gases.’’; and 

5 (C) in paragraph (3) by striking ‘‘transpor6 tation improvement program’’ and inserting 

7 ‘‘STIP’’; 

8 (2) in subsection (d)— 

9 (A) in paragraph (1)— 

10 (i) in subparagraph (E)— 

11 (I) by inserting ‘‘reduce green12 house gas emissions,’’ after ‘‘promote 

13 energy conservation,’’; 

14 (II) by inserting ‘‘and public 

15 health’’ after ‘‘improve the quality of 

16 life’’; and 

17 (III) by inserting ‘‘, including 

18 housing and land use patterns’’ after 

19 ‘‘economic development patterns’’; 

20 (ii) in subparagraph (H) by striking 

21 ‘‘and’’; 

22 (iii) in subparagraph (I) by striking 

23 the period at the end and inserting ‘‘and re24 duce or mitigate stormwater, sea level rise, 


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1 extreme weather, and climate change im2 pacts of surface transportation;’’; and 

3 (iv) by adding at the end the following: 

4 ‘‘(J) facilitate emergency management, re5 sponse, and evacuation and hazard mitigation; 

6 ‘‘(K) improve the level of transportation 

7 system access; and 

8 ‘‘(L) support inclusive zoning policies and 

9 land use planning practices that incentivize af10 fordable, elastic, and diverse housing supply, fa11 cilitate long-term economic growth by improving 

12 the accessibility of housing to jobs, and prevent 

13 high housing costs from displacing economically 

14 disadvantaged households.’’; 

15 (B) in paragraph (2)— 

16 (i) by striking subparagraph (A) and 

17 inserting the following: 

18 ‘‘(A) IN GENERAL.—Through the use of a 

19 performance-based approach, transportation in20 vestment decisions made as a part of the state21 wide transportation planning process shall sup22 port— 

23 ‘‘(i) the national goals described in sec24 tion 150(b); 


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1 ‘‘(ii) the consideration of transpor2 tation system access (consistent with section 

3 150(f)); 

4 ‘‘(iii) the achievement of statewide tar5 gets established under section 150(c); and 

6 ‘‘(iv) the general purposes described in 

7 section 5301 of title 49.’’; and 

8 (ii) in subparagraph (D) by striking 

9 ‘‘statewide transportation improvement pro10 gram’’ and inserting ‘‘STIP’’; and 

11 (C) in paragraph (3) by striking ‘‘statewide 

12 transportation improvement program’’ and in13 serting ‘‘STIP’’; 

14 (3) in subsection (e)(3) by striking ‘‘transpor15 tation improvement program’’ and inserting ‘‘STIP’’; 

16 (4) in subsection (f)— 

17 (A) in paragraph (2)(D)— 

18 (i) in clause (i) by inserting ‘‘air qual19 ity, public health, housing, transportation, 

20 resilience, hazard mitigation, emergency 

21 management,’’ after ‘‘conservation,’’; and 

22 (ii) by amending clause (ii) to read as 

23 follows: 

24 ‘‘(ii) COMPARISON AND CONSIDER25 ATION.—Consultation under clause (i) shall 


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1 involve the comparison of transportation 

2 plans to other relevant plans and inven3 tories, including, if available— 

4 ‘‘(I) State and tribal conservation 

5 plans or maps; and 

6 ‘‘(II) inventories of natural or 

7 historic resources.’’; 

8 (B) in paragraph (3)(B)— 

9 (i) by striking ‘‘In carrying out’’ and 

10 inserting the following: 

11 ‘‘(i) IN GENERAL.—in carrying out’’; 

12 (ii) by redesignating clauses (i) 

13 through (iv) as subclauses (I) through (IV), 

14 respectively; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(ii) ADDITIONAL METHODS.—In addi18 tion to the methods described in clause (i), 

19 in carrying out subparagraph (A), the State 

20 shall, to the maximum extent practicable— 

21 ‘‘(I) use virtual public involve22 ment, social media, and other web23 based tools to encourage public partici24 pation and solicit public feedback; and 


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1 ‘‘(II) use other methods, as appro2 priate, to further encourage public par3 ticipation of historically underrep4 resented individuals in the transpor5 tation planning process.’’; 

6 (C) in paragraph (4)(A) by inserting ‘‘re7 duce greenhouse gas emissions and’’ after ‘‘poten8 tial to’’; and 

9 (D) in paragraph (8) by inserting ‘‘includ10 ing consideration of the role that intercity buses 

11 may play in reducing congestion, pollution, 

12 greenhouse gas emissions, and energy consump13 tion in a cost-effective manner and strategies 

14 and investments that preserve and enhance inter15 city bus systems, including systems that are pri16 vately owned and operated’’ after ‘‘transpor17 tation system’’; 

18 (5) in subsection (g)— 

19 (A) in paragraph (1)(A) by striking ‘‘state20 wide transportation improvement program’’ and 

21 inserting ‘‘STIP’’; 

22 (B) in paragraph (4)— 

23 (i) by striking ‘‘PERFORMANCE TAR24 GET ACHIEVEMENT’’ and inserting ‘‘PER25 FORMANCE MANAGEMENT’’; 


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1 (ii) by striking ‘‘shall include, to the 

2 maximum extent practicable, a discussion’’ 

3 and inserting the following: ‘‘shall include 

4 ‘‘(A) a discussion’’; 

5 (iii) by striking the period at the end 

6 and inserting ‘‘; and’’; 

7 (iv) by striking ‘‘statewide transpor8 tation improvement program’’ and insert9 ing ‘‘STIP’’ each place it appears; and 

10 (v) by adding at the end the following: 

11 ‘‘(B) a consideration of how the STIP im12 pacts the overall level of transportation system 

13 access, consistent with section 150(f) of title 23.’’; 

14 (C) in paragraph (5)— 

15 (i) in subparagraph (A) by striking 

16 ‘‘transportation improvement program’’ 

17 and inserting ‘‘STIP’’; 

18 (ii) in subparagraph (B)(ii) by strik19 ing ‘‘metropolitan transportation improve20 ment program’’ and inserting ‘‘TIP’’; 

21 (iii) in subparagraph (C) by striking 

22 ‘‘transportation improvement program’’ 

23 and inserting ‘‘STIP’’ each place it ap24 pears; 


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1 (iv) in subparagraph (E) by striking 

2 ‘‘transportation improvement program’’ 

3 and inserting ‘‘STIP’’; 

4 (v) in subparagraph (F)(i) by striking 

5 ‘‘transportation improvement program’’ 

6 and inserting ‘‘STIP’’ each place it ap7 pears; 

8 (vi) in subparagraph (G)(ii) by strik9 ing ‘‘transportation improvement program’’ 

10 and inserting ‘‘STIP’’; and 

11 (vii) in subparagraph (H) by striking 

12 ‘‘transportation improvement program’’ 

13 and inserting ‘‘STIP’’; 

14 (D) in paragraph (6)— 

15 (i) in subparagraph (A)— 

16 (I) by striking ‘‘transportation 

17 improvement program’’ and inserting 

18 ‘‘STIP’’; and 

19 (II) by striking ‘‘and projects car20 ried out under the bridge program or 

21 the Interstate maintenance program 

22 under title 23’’; and 

23 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘or under the 

2 bridge program or the Interstate main3 tenance program’’; 

4 (II) by striking ‘‘statewide trans5 portation improvement program’’ and 

6 inserting ‘‘STIP’’; 

7 (E) in paragraph (7)— 

8 (i) in the heading by striking ‘‘TRANS9 PORTATION IMPROVEMENT PROGRAM’’ and 

10 inserting ‘‘STIP’’; and 

11 (ii) by striking ‘‘transportation im12 provement program’’ and inserting ‘‘STIP’’; 

13 (F) in paragraph (8) by striking ‘‘statewide 

14 transportation plans and programs’’ and insert15 ing ‘‘statewide transportation plans and STIPs’’; 

16 and 

17 (G) in paragraph (9) by striking ‘‘transpor18 tation improvement program’’ and inserting 

19 ‘‘STIP’’; 

20 (6) in subsection (h)(2)(A) by striking ‘‘Not later 

21 than 5 years after the date of enactment of the Fed22 eral Public Transportation Act of 2012,’’ and insert23 ing ‘‘Not less frequently than once every 4 years,’’; 


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1 (7) in subsection (j) by striking ‘‘transportation 

2 improvement program’’ and inserting ‘‘STIP’’ each 

3 place it appears; 

4 (8) in subsection (l) by striking ‘‘transportation 

5 improvement programs’’ and inserting ‘‘STIPs’’. 

6 SEC. 2109. OBLIGATION LIMITATION. 

7 Notwithstanding any other provision of law, the total 

8 of all obligations from amounts made available from the 

9 Mass Transit Account of the Highway Trust Fund by sub10 section (a) of section 5338 of title 49, United States Code, 

11 shall not exceed— 

12 (1) $16,185,800,000 in fiscal year 2022; 

13 (2) $16,437,600,000 in fiscal year 2023; 

14 (3) $16,700,600,000 in fiscal year 2024; and 

15 (4) $16,963,600,000 in fiscal year 2025. 

16 SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF 

17 FUNDS. 

18 Section 5324 of title 49, United States Code, is further 

19 amended by adding at the end the following: 

20 ‘‘(g) IMPOSITION OF DEADLINE.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding any other 

22 provision of law, the Secretary may not require any 

23 project funded pursuant to this section to advance to 

24 the construction obligation stage before the date that 


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1 is the last day of the sixth fiscal year after the later 

2 of— 

3 ‘‘(A) the date on which the Governor de4 clared the emergency, as described in subsection 

5 (a)(2); or 

6 ‘‘(B) the date on which the President de7 clared a major disaster, as described in such sub8 section. 

9 ‘‘(2) EXTENSION OF DEADLINE.—If the Secretary 

10 imposes a deadline for advancement to the construc11 tion obligation stage pursuant to paragraph (1), the 

12 Secretary may, upon the request of the Governor of 

13 the State, issue an extension of not more than 1 year 

14 to complete such advancement, and may issue addi15 tional extensions after the expiration of any exten16 sion, if the Secretary determines the Governor of the 

17 State has provided suitable justification to warrant 

18 an extension.’’. 

19 SEC. 2111. GENERAL PROVISIONS. 

20 (a) REASONABLE ACCESS TO PUBLIC TRANSPOR21 TATION FACILITIES.—Section 5323(r) of title 49, United 

22 States Code, is amended to read as follows: 

23 ‘‘(r) REASONABLE ACCESS TO PUBLIC TRANSPOR24 TATION FACILITIES.— 


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1 ‘‘(1) IN GENERAL.—A recipient of assistance 

2 under this chapter may not deny reasonable access for 

3 a private or charter transportation operator to feder4 ally funded public transportation facilities, including 

5 intermodal facilities, park and ride lots, and bus-only 

6 highway lanes. In determining reasonable access, ca7 pacity requirements of the recipient of assistance and 

8 the extent to which access would be detrimental or 

9 beneficial to existing public transportation services 

10 must be considered. A recipient shall respond to any 

11 request for reasonable access within 90 days of the re12 ceipt of the request. 

13 ‘‘(2) RESPONSE TO REQUEST.— 

14 ‘‘(A) IN GENERAL.—If a recipient of assist15 ance under this chapter fails to respond to a re16 quest within the 90-day period described in 

17 paragraph (1), the operator may seek assistance 

18 from the Secretary to obtain a response. 

19 ‘‘(B) DENIAL OF ACCESS.—If a recipient of 

20 assistance under this chapter denies access to a 

21 private intercity or charter transportation oper22 ator based on the reasonable access standards 

23 provided in paragraph (1), the recipient shall 

24 provide, in writing, the reasons for the denial.’’. 


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1 (b) WAIVERS AND DEFERRALS; ADMINISTRATIVE OP2 TION.—Section 5323 of title 49, United States Code, is 

3 amended by striking subsection (t) and inserting the fol4 lowing: 

5 ‘‘(t) WAIVERS AND DEFERRALS; ADMINISTRATIVE OP6 TION.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding any other 

8 provision of law, the Secretary shall have the author9 ity to waive, exempt, defer, or establish a simplified 

10 level of compliance for recipients of assistance under 

11 this chapter that operate 10 or fewer vehicles in serv12 ice, or that receive financial assistance under both 

13 sections 5307 and 5311 of this chapter. 

14 ‘‘(2) GUIDANCE REQUIRED.—Not later than 180 

15 days of enactment of the INVEST in America Act, the 

16 Secretary shall publish guidance for recipients of as17 sistance under this chapter that operate 10 or fewer 

18 buses in service or that receive financial assistance 

19 under both of sections 5307 and 5311 concerning— 

20 ‘‘(A) which specific requirements may be 

21 considered for waivers, exemptions, deferrals, or 

22 simplified levels of compliance by recipients of 

23 assistance described in paragraph (1); 

24 ‘‘(B) the process by which recipients of as25 sistance described in paragraph (1) may request 


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1 such waivers, exemptions, deferrals, or simplified 

2 levels of compliance; 

3 ‘‘(C) the criteria by which the Secretary 

4 shall evaluate and act upon such requests; 

5 ‘‘(D) the terms and conditions the Secretary 

6 shall attach to any waiver, exemption, deferral 

7 or simplified level of compliance that is awarded 

8 under paragraph (1); 

9 ‘‘(E) actions the Secretary may take if a re10 cipient fails to comply the terms and conditions 

11 attached to a waiver, exemption, deferral, or 

12 simplified level of compliance that has been 

13 awarded under paragraph (1); and 

14 ‘‘(F) the circumstances under which the Sec15 retary may use this paragraph to award a waiv16 er, exemption, deferral or simplified level of com17 pliance to a recipient of assistance under this 

18 chapter and described in this paragraph. 

19 ‘‘(3) MAINTAIN SAFETY.—The Secretary shall not 

20 to take any action under this subsection that would 

21 degrade safety to lives or property. 

22 ‘‘(4) REPORT.—The Secretary shall submit to the 

23 Committee of Banking, Housing, and Urban Affairs 

24 of the Senate and the Committee of Transportation 

25 and Infrastructure of the House of Representatives an 


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1 annual report detailing the requests and actions that 

2 have been taken under this subsection in the preceding 

3 12 months.’’. 

4 (c) THRESHOLD FOR THE SALE OF TRANSIT VEHI5 CLES AFTER SERVICE LIFE.—Section 5323 of title 49, 

6 United States Code, is amended by adding at the end the 

7 following: 

8 ‘‘(w) THRESHOLD FOR THE SALE OF TRANSIT VEHI9 CLES AFTER SERVICE LIFE.—Notwithstanding any other 

10 provision of law or regulation, for programs under this 

11 chapter the threshold amount for transit vehicles after the 

12 service life is reached shall be 20 percent of the original 

13 acquisition cost of the purchased equipment. For transit ve14 hicles sold for an amount above such amount, the threshold 

15 amount shall be retained by the transit agency upon sale 

16 of the asset for use by the transit agency for the purpose 

17 or operating or capital expenditures, and the remainder 

18 shall be remitted to the Secretary and shall be deposited 

19 into the Mass Transit Account of the Highway Trust Fund. 

20 If such a vehicle is sold for an amount below or equal to 

21 the threshold amount, the transit agency shall retain all 

22 funds from the sale.’’. 

23 SEC. 2112. CERTIFICATION REQUIREMENTS. 

24 The certification requirements described in section 

25 661.12 of title 49, Code of Federal Regulations, shall, after 


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1 the date of enactment of this Act, include a certification 

2 that buses or other rolling stock (including train control, 

3 communication and traction power equipment) being pro4 cured do not contain or use any covered telecommunications 

5 equipment or services, as such term is defined by section 

6 889 of the John S. McCain National Defense Authorization 

7 Act for Fiscal Year 2019 (Public Law 115–232); 

8 Subtitle B—Improving Frequency 

9 and Ridership 

10 SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND 

11 RIDERSHIP COMPETITIVE GRANTS. 

12 (a) IN GENERAL.—Chapter 53 of title 49, United 

13 States Code, is amended by inserting after section 5307 the 

14 following new section: 

15 ‘‘§ 5308. Multi-jurisdictional bus frequency and rider16 ship competitive grants 

17 ‘‘(a) IN GENERAL.—The Secretary shall make grants 

18 under this section, on a competitive basis, to eligible recipi19 ents to increase the frequency and ridership of public tran20 sit buses. 

21 ‘‘(b) APPLICATIONS.—To be eligible for a grant under 

22 this section, an eligible recipient shall submit to the Sec23 retary an application at such time, in such manner, and 

24 containing such information as the Secretary may require. 


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1 ‘‘(c) APPLICATION TIMING.—Not later than 90 days 

2 after amounts are made available to carry out this section, 

3 the Secretary shall solicit grant applications from eligible 

4 recipients for projects described in subsection (d). 

5 ‘‘(d) USES OF FUNDS.—An eligible recipient of a 

6 grant under this section shall use such grant for capital 

7 projects that— 

8 ‘‘(1) increase— 

9 ‘‘(A) the frequency of bus service; 

10 ‘‘(B) bus ridership; and 

11 ‘‘(C) total person throughput; and 

12 ‘‘(2) are consistent with, and as described in, the 

13 design guidance issued by the National Association of 

14 City Transportation Officials and titled ‘Transit 

15 Street Design Guide’. 

16 ‘‘(e) GRANT CRITERIA.—In making grants under this 

17 section, the Secretary shall consider the following: 

18 ‘‘(1) Each eligible recipient’s projected increase 

19 in bus frequency. 

20 ‘‘(2) Each eligible recipient’s projected increase 

21 in bus ridership. 

22 ‘‘(3) Each eligible recipient’s projected increase 

23 in total person throughput. 


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1 ‘‘(4) The degree of regional collaboration de2 scribed in each eligible recipient’s application, includ3 ing collaboration with— 

4 ‘‘(A) a local government entity that operates 

5 a public transportation service; 

6 ‘‘(B) local government agencies that control 

7 street design; 

8 ‘‘(C) metropolitan planning organizations 

9 (as such term is defined in section 5303); and 

10 ‘‘(D) State departments of transportation. 

11 ‘‘(f) GRANT TIMING.—The Secretary shall award 

12 grants under this section not later than 120 days after the 

13 date on which the Secretary completes the solicitation de14 scribed in subsection (c). 

15 ‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car16 rying out the program under this section, the Secretary 

17 shall— 

18 ‘‘(1) not later than the date described in sub19 section (c), publish in the Federal Register a list of 

20 all metrics and evaluation procedures to be used in 

21 making grants under this section; and 

22 ‘‘(2) publish in the Federal Register— 

23 ‘‘(A) a summary of the final metrics and 

24 evaluations used in making grants under this 

25 section; and 


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1 ‘‘(B) a list of the ratings of eligible recipi2 ents receiving a grant under this section based 

3 on such metrics and evaluations. 

4 ‘‘(h) FEDERAL SHARE.— 

5 ‘‘(1) IN GENERAL.—The Federal share of the cost 

6 of a project carried out under this section shall not 

7 exceed 80 percent. 

8 ‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The 

9 Secretary may make a grant for a project under this 

10 section in an amount up to 150 percent of the 

11 amount— 

12 ‘‘(A) provided for such project under title 

13 23; and 

14 ‘‘(B) provided for such project from non15 Federal funds budgeted for roadways. 

16 ‘‘(i) REQUIREMENTS OF SECTION 5307.—Except as 

17 otherwise provided in this section, a grant under this sec18 tion shall be subject to the requirements of section 5307. 

19 ‘‘(j) AVAILABILITY OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—Amounts made available to 

21 carry out this section shall remain available for 4 fis22 cal years after the fiscal year for which the amount 

23 was made available. 

24 ‘‘(2) UNOBLIGATED AMOUNTS.—After the expira25 tion of the period described in paragraph (1) for an 


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1 amount made available to carry out this section, any 

2 unobligated amounts made available to carry out this 

3 section shall be added to the amounts made available 

4 for the following fiscal year. 

5 ‘‘(k) ELIGIBLE RECIPIENTS.—In this section, the term 

6 ‘eligible recipient’ means a recipient of a grant under sec7 tion 5307 in an urbanized area with a population greater 

8 than 500,000.’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for chapter 

10 53 of title 49, United States Code, is amended by inserting 

11 after the item relating to section 5307 the following new 

12 item: 

‘‘5308. Multi-jurisdictional bus frequency and ridership competitive grants.’’. 

13 SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FOR14 MULA. 

15 Section 5336 of title 49, United States Code, is amend16 ed— 

17 (1) in subsection (b)— 

18 (A) in paragraph (2)— 

19 (i) in subparagraph (A)— 

20 (I) in the matter preceding clause 

21 (i) by striking ‘‘95.61 percent’’ and in22 serting ‘‘95 percent’’; 

23 (II) in clause (i) by striking 

24 ‘‘95.61 percent’’ and inserting ‘‘95 per25 cent’’; and 


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1 (III) in clause (ii) by striking 

2 ‘‘95.61 percent’’ and inserting ‘‘95 per3 cent’’; and 

4 (ii) in subparagraph (B)— 

5 (I) in the matter preceding clause 

6 (i) by striking ‘‘4.39 percent’’ and in7 serting ‘‘5 percent’’; 

8 (II) in clause (i)— 

9 (aa) by inserting ‘‘in the 

10 highest 25 percent of routes by 

11 ridership’’ before ‘‘multiplied by’’; 

12 and 

13 (bb) by striking ‘‘vehicle pas14 senger miles traveled for each dol15 lar of operating cost in an area’’ 

16 and inserting ‘‘vehicles operating 

17 in peak revenue service per hour 

18 in the highest 25 percent of routes 

19 by ridership’’; and 

20 (III) in clause (ii)— 

21 (aa) by inserting ‘‘in the 

22 highest 25 percent of routes by 

23 ridership’’ before ‘‘multiplied by’’; 

24 and 


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1 (bb) by striking ‘‘vehicle pas2 senger miles traveled for each dol3 lar of operating cost in all areas’’ 

4 and inserting ‘‘vehicles operating 

5 in peak revenue service per hour 

6 in the highest 25 percent of routes 

7 by ridership’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(3) SPECIAL RULE.—For fiscal year 2022, the 

10 percentage— 

11 ‘‘(A) in paragraph (2)(A) in the matter 

12 preceding clause (i) shall be treated as 100 per13 cent; and 

14 ‘‘(B) in paragraph (2)(B) in the matter 

15 preceding clause (i) shall be treated as 0 per16 cent.’’; 

17 (2) in subsection (c)— 

18 (A) in paragraph (1) by striking ‘‘90.8 per19 cent’’ and inserting ‘‘90 percent’’ each place it 

20 appears; 

21 (B) in paragraph (2)— 

22 (i) by striking ‘‘9.2 percent’’ and in23 serting ‘‘8 percent’’; 

24 (ii) by striking ‘‘200,000’’ and insert25 ing ‘‘500,000’’; 


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1 (iii) by striking subparagraph (A) and 

2 inserting the following: 

3 ‘‘(A) the number of bus passenger miles 

4 traveled on the highest 25 percent of routes by 

5 ridership multiplied by the number of buses op6 erating in peak revenue service per hour on the 

7 highest 25 percent of routes by ridership; divided 

8 by’’; and 

9 (iv) by striking subparagraph (B) and 

10 inserting the following: 

11 ‘‘(B) the total number of bus passenger 

12 miles traveled on the highest 25 percent of routes 

13 by ridership multiplied by the total number of 

14 buses operating in peak revenue service per hour 

15 on the highest 25 percent of routes by ridership 

16 in all areas.’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(3) 2 percent of the total amount apportioned 

19 under this subsection shall be apportioned so that 

20 each urbanized area with a population of at least 

21 200,000 and less than 500,000 is entitled to receive 

22 an amount using the formula in paragraph (1). 

23 ‘‘(4) For fiscal year 2022, the percentage— 


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1 ‘‘(A) in paragraph (1) in the matter pre2 ceding subparagraph (A) shall be treated as 100 

3 percent; 

4 ‘‘(B) in paragraph (2) in the matter pre5 ceding subparagraph (A) shall be treated as 0 

6 percent; and 

7 ‘‘(C) in paragraph (3) shall be treated as 0 

8 percent.’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(k) PEAK REVENUE SERVICE DEFINED.—In this sec11 tion, the term ‘peak revenue service’ means the time period 

12 between the time in the morning that an agency first ex13 ceeds the number of midday vehicles in revenue service and 

14 the time in the evening that an agency falls below the num15 ber of midday vehicles in revenue service.’’. 

16 SEC. 2203. MOBILITY INNOVATION. 

17 (a) IN GENERAL.—Chapter 53 of title 49, United 

18 States Code, is amended by inserting after section 5315 the 

19 following new section: 

20 ‘‘§ 5316. Mobility innovation 

21 ‘‘(a) IN GENERAL.—Amounts made available to a cov22 ered recipient to carry out sections 5307, 5310, and 5311 

23 may be used by such covered recipient under this section 

24 to assist in the financing of— 

25 ‘‘(1) mobility as a service; and 


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1 ‘‘(2) mobility on demand services. 

2 ‘‘(b) FEDERAL SHARE.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graphs (2) and (3), the Federal share of the net cost 

5 of a project carried out under this section shall not 

6 exceed 80 percent. 

7 ‘‘(2) INSOURCING INCENTIVE.—Notwithstanding 

8 paragraph (1), the Federal share of the net cost of a 

9 project described in paragraph (1) shall be reduced by 

10 25 percent if the recipient uses a third-party contract 

11 for a mobility on demand service. 

12 ‘‘(3) ZERO EMISSION INCENTIVE.—Notwith13 standing paragraph (1), the Federal share of the net 

14 cost of a project described in paragraph (1) shall be 

15 reduced by 25 percent if such project involves an eli16 gible use that uses a vehicle that produces carbon di17 oxide or particulate matter. 

18 ‘‘(c) ELIGIBLE USES.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall publish 

20 guidance describing eligible activities that are dem21 onstrated to— 

22 ‘‘(A) increase transit ridership; 

23 ‘‘(B) be complementary to fixed route tran24 sit service; 


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1 ‘‘(C) demonstrate substantial improvements 

2 in— 

3 ‘‘(i) environmental metrics, including 

4 standards established pursuant to the Clean 

5 Air Act (42 U.S.C. 7401 et seq.) and green6 house gas performance targets established 

7 pursuant to section 150(d) of title 23; 

8 ‘‘(ii) traffic congestion; 

9 ‘‘(iii) compliance with the require10 ments under the Americans with Disabil11 ities Act of 1990 (42 U.S.C. 12101 et seq.); 

12 ‘‘(iv) low-income service to increase ac13 cess to employment, healthcare, and other 

14 essential services; 

15 ‘‘(v) service outside of transit agency 

16 operating hours, provided that the transit 

17 agency operating hours are not reduced; 

18 ‘‘(vi) new low density service relative 

19 to the higher density urban areas of the 

20 agency’s service area; and 

21 ‘‘(vii) rural service. 

22 ‘‘(D) FARE COLLECTION MODERNIZATION.— 

23 In developing guidance referred to in this sec24 tion, the Secretary shall ensure that— 


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1 ‘‘(i) all costs associated with installing, 

2 modernizing, and managing fare collection, 

3 including touchless payment systems, shall 

4 be considered eligible expenses under this 

5 title and subject to the applicable Federal 

6 share; and 

7 ‘‘(ii) such guidance includes guidance 

8 on how agencies shall provide unbanked and 

9 underbanked users with an opportunity to 

10 benefit from mobility as a service platforms. 

11 ‘‘(2) PROHIBITION ON USE OF FUNDS.—Amounts 

12 used by a covered recipient for projects eligible under 

13 this section may not be used for— 

14 ‘‘(A) single passenger vehicle miles (in a 

15 passenger motor vehicle, as such term is defined 

16 in section 32101, that carries less than 9 pas17 sengers), unless the trip— 

18 ‘‘(i) meets the definition of public 

19 transportation; and 

20 ‘‘(ii) begins or completes a fixed route 

21 public transportation trip; 

22 ‘‘(B) deadhead vehicle miles; or 

23 ‘‘(C) any service considered a taxi service 

24 for purposes of section 5331. 


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1 ‘‘(d) FEDERAL REQUIREMENTS.—A project carried out 

2 under this section shall be treated as if such project were 

3 carried out under the section from which the funds were 

4 provided to carry out such project, including the applica5 tion of any additional requirements provided for by law 

6 that apply to section 5307, 5310, or 5311, as applicable. 

7 ‘‘(e) WAIVER.— 

8 ‘‘(1) INDIVIDUAL WAIVER.—Except as provided 

9 in paragraph (2), the Secretary may waive any re10 quirement applied to a project carried out under this 

11 section pursuant to subsection (d) if the Secretary de12 termines that the project would— 

13 ‘‘(A) not undermine labor standards; 

14 ‘‘(B) increase employment opportunities of 

15 the recipient; and 

16 ‘‘(C) be consistent with the public interest. 

17 ‘‘(2) WAIVER UNDER OTHER SECTIONS.—The 

18 Secretary may not waive any requirement under 

19 paragraph (1) for which a waiver is otherwise avail20 able. 

21 ‘‘(3) PROHIBITION OF WAIVER.—Notwith22 standing paragraph (1), the Secretary may not waive 

23 any requirement of— 

24 ‘‘(A) section 5333; 

25 ‘‘(B) section 5331; 


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1 ‘‘(C) section 5302(14); and 

2 ‘‘(D) chapter 53 that establishes a max3 imum Federal share for operating costs. 

4 ‘‘(4) APPLICATION OF SECTION 5320.—Notwith5 standing paragraphs (1) and (2), the Secretary may 

6 only waive the requirements of section 5320 with re7 spect to— 

8 ‘‘(A) a passenger vehicle owned by an indi9 vidual; and 

10 ‘‘(B) subsection (q) of such section for any 

11 passenger vehicle not owned by an individual for 

12 the period beginning on the date of enactment of 

13 this section and ending 3 years after such date. 

14 ‘‘(f) OPEN DATA STANDARDS.— 

15 ‘‘(1) IN GENERAL.—Not later than 90 days after 

16 the date of enactment of this section, the Secretary 

17 shall initiate procedures under subchapter III of 

18 chapter 5 of title 5 to develop an open data standard 

19 and an application programming interface necessary 

20 to carry out this section. 

21 ‘‘(2) REGULATIONS.—The regulations required 

22 under paragraph (1) shall require public transpor23 tation agencies, mobility on demand providers, mobil24 ity as a service technology providers, other non-govVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 ernment actors, and local governments the efficient 

2 means to transfer data to— 

3 ‘‘(A) foster the efficient use of transpor4 tation capacity; 

5 ‘‘(B) enhance the management of new modes 

6 of mobility; 

7 ‘‘(C) enable the use of innovative planning 

8 tools; 

9 ‘‘(D) enable single payment systems for all 

10 mobility on demand services; 

11 ‘‘(E) establish metropolitan planning orga12 nization, State, and local government access to 

13 anonymized data for transportation planning, 

14 real time operations data, and rules; 

15 ‘‘(F) safeguard personally identifiable infor16 mation; 

17 ‘‘(G) protect confidential business informa18 tion; and 

19 ‘‘(H) enhance cybersecurity protections. 

20 ‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.— 

21 Any data received by an entity under this subsection 

22 may not be sold, leased, or otherwise used to generate 

23 profit, except for the direct provision of the related 

24 mobility on demand services and mobility as a serv25 ice. 


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1 ‘‘(4) COMMITTEE.—A negotiated rulemaking 

2 committee established pursuant to section 565 of title 

3 5 to carry out this subsection shall have a maximum 

4 of 17 members limited to representatives of the De5 partment of Transportation, State and local govern6 ments, metropolitan planning organizations, urban 

7 and rural covered recipients, associations that rep8 resent public transit agencies, representatives from at 

9 least 3 different organizations engaged in collective 

10 bargaining on behalf of transit workers in not fewer 

11 than 3 States, mobility on demand providers, and 

12 mobility as a service technology providers. 

13 ‘‘(5) PUBLICATION OF PROPOSED REGULA14 TIONS.—Proposed regulations to implement this sec15 tion shall be published in the Federal Register by the 

16 Secretary not later than 18 months after such date of 

17 enactment. 

18 ‘‘(6) EXTENSION OF DEADLINES.—A deadline set 

19 forth in paragraph (4) may be extended up to 180 

20 days if the negotiated rulemaking committee referred 

21 to in paragraph (5) concludes that the committee can22 not meet the deadline and the Secretary so notifies the 

23 Committee on Transportation and Infrastructure of 

24 the House of Representatives and the Committee on 

25 Banking, Housing, and Urban Affairs of the Senate. 


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1 ‘‘(g) APPLICATION OF RECIPIENT REVENUE VEHICLE

2 MILES.—With respect to revenue vehicle miles with one pas3 senger of a covered recipient using amounts under this sec4 tion, such miles— 

5 ‘‘(1) shall be included in the National Transit 

6 Database under section 5335; and 

7 ‘‘(2) shall be excluded from vehicle revenue miles 

8 data used in the calculation described in section 5336. 

9 ‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and sub10 section (g) shall not apply to any eligible activities under 

11 this section if such activities are being carried out in com12 pliance with the Americans with Disabilities Act of 1990 

13 (42 U.S.C. 12101 et seq.). 

14 ‘‘(i) DEFINITIONS.—In this section: 

15 ‘‘(1) DEADHEAD VEHICLE MILES.—The term 

16 ‘deadhead vehicle miles’ means the miles that a vehi17 cle travels when out of revenue service, including leav18 ing or returning to the garage or yard facility, chang19 ing routes, when there is no expectation of carrying 

20 revenue passengers, and any miles traveled by a pri21 vate operator without a passenger. 

22 ‘‘(2) MOBILITY AS A SERVICE.—The term ‘mobil23 ity as a service’ means services that constitute the in24 tegration of mobility on demand services and public 

25 transportation that are available and accessible to all 


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1 travelers, provide multimodal trip planning, and a 

2 unified payment system. 

3 ‘‘(3) MOBILITY ON DEMAND.—The term ‘mobility 

4 on demand’ means an on-demand transportation 

5 service shared among individuals, either concurrently 

6 or one after another. 

7 ‘‘(4) COVERED RECIPIENT.—The term ‘covered 

8 recipient’ means a State or local government entity, 

9 private nonprofit organization, or Tribe that— 

10 ‘‘(A) operates a public transportation serv11 ice; and 

12 ‘‘(B) is a recipient or subrecipient of funds 

13 under section 5307, 5310, or 5311.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chapter 

15 53 of title 49, United States Code, is amended by inserting 

16 after the item relating to section 5315 the following new 

17 item: 

‘‘5316. Mobility innovation.’’. 

18 (c) EFFECTIVE DATE.—This section and the amend19 ments made by this section shall take effect on the date on 

20 which the Secretary has finalized both— 

21 (1) the guidance required under section 5316(c) 

22 of title 49, United States Code; and 

23 (2) the regulations required under section 

24 5316(f) of title 49, United States Code. 


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1 SEC. 2204. FORMULA GRANTS FOR RURAL AREAS. 

2 Section 5311 of title 49, United States Code, is amend3 ed— 

4 (1) in subsection (b)— 

5 (A) in paragraph (2) by adding at the end 

6 the following: 

7 ‘‘(D) CENSUS DESIGNATION.—The Secretary 

8 may approve a State program that allocates not 

9 more than 5 percent of such State’s apportion10 ment to assist rural areas that were redesignated 

11 as urban areas not more than 2 fiscal years after 

12 the last census designation of urbanized area 

13 boundaries.’’; and 

14 (B) in paragraph (3) by striking ‘‘section 

15 5338(a)(2)(F)’’ and inserting ‘‘section 

16 5338(a)(2)(E)’’; 

17 (2) in subsection (c)— 

18 (A) in paragraph (1)— 

19 (i) in the matter preceding subpara20 graph (A) by striking ‘‘section 

21 5338(a)(2)(F)’’ and inserting ‘‘section 

22 5338(a)(2)(E)’’; 

23 (ii) in subparagraph (A) by striking 

24 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; 

25 and 


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1 (iii) in subparagraph (B) by striking 

2 ‘‘$30,000,000’’ and inserting ‘‘the amount 

3 remaining under section 5338(a)(2)(E)(i) 

4 after the amount under subparagraph (A) is 

5 distributed’’; 

6 (B) in paragraph (2)(C) by striking ‘‘sec7 tion 5338(a)(2)(F)’’ and inserting ‘‘section 

8 5338(a)(2)(E)’’; and 

9 (C) in paragraph (3)— 

10 (i) in subparagraph (A) by striking 

11 ‘‘section 5338(a)(2)(F)’’ and inserting ‘‘sec12 tion 5338(a)(2)(E)’’; and 

13 (ii) by striking subparagraphs (B) and 

14 (C) and inserting the following: 

15 ‘‘(B) LAND AREA.— 

16 ‘‘(i) IN GENERAL.—Subject to clause 

17 (ii), each State shall receive an amount that 

18 is equal to 15 percent of the amount appor19 tioned under this paragraph, multiplied by 

20 the ratio of the land area in rural areas in 

21 that State and divided by the land area in 

22 all rural areas in the United States, as 

23 shown by the most recent decennial census 

24 of population. 


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1 ‘‘(ii) MAXIMUM APPORTIONMENT.—No 

2 State shall receive more than 5 percent of 

3 the amount apportioned under clause (i). 

4 ‘‘(C) POPULATION.—Each State shall re5 ceive an amount equal to 50 percent of the 

6 amount apportioned under this paragraph, mul7 tiplied by the ratio of the population of rural 

8 areas in that State and divided by the popu9 lation of all rural areas in the United States, as 

10 shown by the most recent decennial census of 

11 population. 

12 ‘‘(D) VEHICLE REVENUE MILES.— 

13 ‘‘(i) IN GENERAL.—Subject to clause 

14 (ii), each State shall receive an amount that 

15 is equal to 25 percent of the amount appor16 tioned under this paragraph, multiplied by 

17 the ratio of vehicle revenue miles in rural 

18 areas in that State and divided by the vehi19 cle revenue miles in all rural areas in the 

20 United States, as determined by national 

21 transit database reporting. 

22 ‘‘(ii) MAXIMUM APPORTIONMENT.—No 

23 State shall receive more than 5 percent of 

24 the amount apportioned under clause (i). 


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1 ‘‘(E) LOW-INCOME INDIVIDUALS.—Each 

2 State shall receive an amount that is equal to 10 

3 percent of the amount apportioned under this 

4 paragraph, multiplied by the ratio of low-income 

5 individuals in rural areas in that State and di6 vided by the number of low-income individuals 

7 in all rural areas in the United States, as shown 

8 by the Bureau of the Census.’’; 

9 (3) in subsection (f)— 

10 (A) in paragraph (1) by inserting ‘‘A State 

11 may expend funds to continue service into an12 other State to extend a route.’’ before ‘‘Eligible 

13 activities under’’; and 

14 (B) in paragraph (2) by inserting ‘‘and 

15 makes the certification and supporting docu16 ments publicly available’’ before the period at the 

17 end; and 

18 (4) in subsection (g) by adding at the end the 

19 following: 

20 ‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— 

21 ‘‘(A) APPLICABLE REGULATIONS.—For any 

22 funds provided by a department or agency of the 

23 Government under paragraph (3)(D) or by a 

24 service agreement under paragraph (3)(C), and 

25 such department or agency has regulations in 


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1 place that provide for the valuation of volunteer 

2 hours as allowable in-kind contributions toward 

3 the non-Federal share of project costs, such regu4 lations shall be used to determine the allowable 

5 valuation of volunteer hours as an in-kind con6 tribution toward the non-Federal remainder of 

7 net project costs for a transit project funded 

8 under this section. 

9 ‘‘(B) LIMITATIONS.—Subparagraph (A) 

10 shall not apply to the provision of fixed-route 

11 bus services funded under this section.’’. 

12 SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. 

13 Section 5310 of title 49, United States Code, is amend14 ed by adding at the end the following: 

15 ‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— 

16 ‘‘(1) IN GENERAL.—Not later than 6 months 

17 after the date of enactment of this subsection, the Sec18 retary shall establish a one-stop paratransit competi19 tive grant program to encourage an extra stop in 

20 non-fixed route Americans with Disabilities Act of 

21 1990 (42 U.S.C. 12101 et seq.) service for a para22 transit rider to complete essential tasks. 

23 ‘‘(2) PREFERENCE.—The Secretary shall give 

24 preference to eligible recipients that— 


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1 ‘‘(A) have comparable data for the year 

2 prior to implementation of the grant program 

3 and made available to the Secretary, academic 

4 and nonprofit organizations for research pur5 poses; and 

6 ‘‘(B) plan to use agency personnel to imple7 ment the pilot program. 

8 ‘‘(3) APPLICATION CRITERIA.—To be eligible to 

9 participate in the grant program, an eligible recipi10 ent shall submit to the Secretary an application con11 taining such information as the Secretary may re12 quire, including information on— 

13 ‘‘(A) locations the eligible entity intends to 

14 allow a stop at, if stops are limited, including— 

15 ‘‘(i) childcare or education facilities; 

16 ‘‘(ii) pharmacies; 

17 ‘‘(iii) grocery stores; and 

18 ‘‘(iv) bank or ATM locations; 

19 ‘‘(B) methodology for informing the public 

20 of the grant program; 

21 ‘‘(C) vehicles, personnel, and other resources 

22 that will be used to implement the grant pro23 gram; 

24 ‘‘(D) if the applicant does not intend the 

25 grant program to apply to the full area under 


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1 the jurisdiction of the applicant, a description of 

2 the geographic area in which the applicant in3 tends the grant program to apply; and 

4 ‘‘(E) the anticipated amount of increased 

5 operating costs. 

6 ‘‘(4) SELECTION.—The Secretary shall seek to 

7 achieve diversity of participants in the grant pro8 gram by selecting a range of eligible entities that in9 cludes at least— 

10 ‘‘(A) 5 eligible recipients that serve an area 

11 with a population of 50,000 to 200,000; 

12 ‘‘(B) 10 eligible recipients that serve an 

13 area with a population of over 200,000; and 

14 ‘‘(C) 5 eligible recipients that provide trans15 portation for rural communities. 

16 ‘‘(5) DATA-SHARING CRITERIA.—An eligible re17 cipient in this subsection shall provide data as the 

18 Secretary requires, including— 

19 ‘‘(A) number of ADA paratransit trips con20 ducted each year; 

21 ‘‘(B) requested time of each paratransit 

22 trip; 

23 ‘‘(C) scheduled time of each paratransit 

24 trip; 


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1 ‘‘(D) actual pickup time for each para2 transit trip; 

3 ‘‘(E) average length of a stop in the middle 

4 of a ride as allowed by this subsection; 

5 ‘‘(F) any complaints received by a para6 transit rider; 

7 ‘‘(G) rider satisfaction with paratransit 

8 services; and 

9 ‘‘(H) after the completion of the grant, an 

10 assessment by the eligible recipient of its capac11 ity to continue a one-stop program independ12 ently. 

13 ‘‘(6) REPORT.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 make publicly available an annual report on the 

16 program carried out under this subsection for 

17 each fiscal year, not later than December 31 of 

18 the calendar year in which such fiscal year ends. 

19 ‘‘(B) CONTENTS.—The report required 

20 under subparagraph (A) shall include a detailed 

21 description of the activities carried out under the 

22 program, and an evaluation of the program, in23 cluding an evaluation of the data shared by eli24 gible recipients under paragraph (5).’’. 


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1 Subtitle C—Buy America and Other 

2 Procurement Reforms 

3 SEC. 2301. BUY AMERICA. 

4 (a) BUY AMERICA.— 

5 (1) IN GENERAL.—Chapter 53 of title 49, United 

6 States Code, is amended by inserting before section 

7 5321 the following: 

8 ‘‘§ 5320. Buy America 

9 ‘‘(a) IN GENERAL.—The Secretary may obligate an 

10 amount that may be appropriated to carry out this chapter 

11 for a project only if the steel, iron, and manufactured goods 

12 used in the project are produced in the United States. 

13 ‘‘(b) WAIVER.—The Secretary may waive subsection 

14 (a) if the Secretary finds that— 

15 ‘‘(1) applying subsection (a) would be incon16 sistent with the public interest; 

17 ‘‘(2) the steel, iron, and goods produced in the 

18 United States are not produced in a sufficient and 

19 reasonably available amount or are not of a satisfac20 tory quality; 

21 ‘‘(3) when procuring rolling stock (including 

22 train control, communication, traction power equip23 ment, and rolling stock prototypes) under this chap24 ter— 


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1 ‘‘(A) the cost of components and subcompo2 nents produced in the United States is more 

3 than 70 percent of the cost of all components of 

4 the rolling stock; and 

5 ‘‘(B) final assembly of the rolling stock has 

6 occurred in the United States; or 

7 ‘‘(4) including domestic material will increase 

8 the cost of the overall project by more than 25 percent. 

9 ‘‘(c) WRITTEN WAIVER DETERMINATION AND ANNUAL

10 REPORT.— 

11 ‘‘(1) WAIVER PROCEDURE.—Not later than 120 

12 days after the submission of a request for a waiver, 

13 the Secretary shall make a determination under sub14 section (b)(1), (b)(2), or (b)(4) as to whether to waive 

15 subsection (a). 

16 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 

17 ‘‘(A) IN GENERAL.—Not later than 30 days 

18 before making a determination regarding a 

19 waiver described in paragraph (1), the Secretary 

20 shall provide notification and an opportunity for 

21 public comment on the request for such waiver. 

22 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 

23 notification required under subparagraph (A) 

24 shall— 


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1 ‘‘(i) describe whether the application is 

2 being made for a waiver described in sub3 section (b)(1), (b)(2) or (b)(4); and 

4 ‘‘(ii) be provided to the public by elec5 tronic means, including on the public 

6 website of the Department of Transpor7 tation. 

8 ‘‘(3) DETERMINATION.—Before a determination 

9 described in paragraph (1) takes effect, the Secretary 

10 shall publish a detailed justification for such deter11 mination that addresses all public comments received 

12 under paragraph (2)— 

13 ‘‘(A) on the public website of the Depart14 ment of Transportation; and 

15 ‘‘(B) if the Secretary issues a waiver with 

16 respect to such determination, in the Federal 

17 Register. 

18 ‘‘(4) ANNUAL REPORT.—Annually, the Secretary 

19 shall submit to the Committee on Banking, Housing, 

20 and Urban Affairs of the Senate and the Committee 

21 on Transportation and Infrastructure of the House of 

22 Representatives a report listing any waiver issued 

23 under paragraph (1) during the preceding year. 

24 ‘‘(d) ROLLING STOCK WAIVER CONDITIONS.— 


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1 ‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In 

2 this section, highly skilled labor costs involved in final 

3 assembly shall be included as a separate component 

4 in the cost of components and subcomponents under 

5 subsection (b)(3)(A). 

6 ‘‘(2) HIGH DOMESTIC CONTENT COMPONENT

7 BONUS.—In this section, in calculating the domestic 

8 content of the rolling stock under subsection (b)(3), 

9 the percent, rounded to the nearest whole number, of 

10 the domestic content in components of such rolling 

11 stock, weighted by cost, shall be used in calculating 

12 the domestic content of the rolling stock, except— 

13 ‘‘(A) with respect to components that ex14 ceed— 

15 ‘‘(i) 70 percent domestic content, the 

16 Secretary shall add 10 additional percent to 

17 the component’s domestic content when cal18 culating the domestic content of the rolling 

19 stock; and 

20 ‘‘(ii) 75 percent domestic content, the 

21 Secretary shall add 15 additional percent to 

22 the component’s domestic content when cal23 culating the domestic content of the rolling 

24 stock; and 


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1 ‘‘(B) in no case may a component exceed 

2 100 domestic content when calculating the do3 mestic content of the rolling stock. 

4 ‘‘(3) ROLLING STOCK FRAMES OR CAR SHELLS.— 

5 ‘‘(A) INCLUSION OF COSTS.—Subject to the 

6 substantiation requirement of subparagraph (B), 

7 in carrying out, in calculating the cost of the do8 mestic content of the rolling stock under sub9 section (b)(3), in the case of a rolling stock pro10 curement receiving assistance under this chapter 

11 in which the average cost of a rolling stock vehi12 cle in the procurement is more than $300,000, if 

13 rolling stock frames or car shells are not pro14 duced in the United States, the Secretary shall 

15 include in the calculation of the domestic content 

16 of the rolling stock the cost of the steel or iron 

17 that is produced in the United States and used 

18 in the rolling stock frames or car shells. 

19 ‘‘(B) SUBSTANTIATION.—If a rolling stock 

20 vehicle manufacturer wishes to include in the 

21 calculation of the vehicle’s domestic content the 

22 cost of steel or iron produced in the United 

23 States and used in the rolling stock frames and 

24 car shells that are not produced in the United 

25 States, the manufacturer shall maintain and 


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1 provide upon request a mill certification that 

2 substantiates the origin of the steel or iron. 

3 ‘‘(4) TREATMENT OF WAIVED COMPONENTS AND

4 SUBCOMPONENTS.—In this section, a component or 

5 subcomponent waived under subsection (b) shall be ex6 cluded from any part of the calculation required 

7 under subsection (b)(3)(A). 

8 ‘‘(5) ZERO-EMISSION VEHICLE DOMESTIC BAT9 TERY CELL INCENTIVE.—The Secretary shall provide 

10 an additional 2.5 percent of domestic content to the 

11 total rolling stock domestic content percentage cal12 culated under this section for any zero-emission vehi13 cle that uses only battery cells for propulsion that are 

14 manufactured domestically. 

15 ‘‘(6) PROHIBITION ON DOUBLE COUNTING.— 

16 ‘‘(A) IN GENERAL.—No labor costs included 

17 in the cost of a component or subcomponent by 

18 the manufacturer of rolling stock may be treated 

19 as rolling stock assembly costs for purposes of 

20 calculating domestic content. 

21 ‘‘(B) VIOLATION.—A violation of this para22 graph shall be treated as a false claim under 

23 subchapter III of chapter 37 of title 31. 


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1 ‘‘(7) DEFINITION OF HIGHLY SKILLED LABOR

2 COSTS.—In this subsection, the term ‘highly skilled 

3 labor costs’— 

4 ‘‘(A) means the apportioned value of direct 

5 wage compensation associated with final assem6 bly activities of workers directly employed by a 

7 rolling stock original equipment manufacturer 

8 and directly associated with the final assembly 

9 activities of a rolling stock vehicle that advance 

10 the value or improve the condition of the end 

11 product; 

12 ‘‘(B) does not include any temporary or in13 direct activities or those hired via a third-party 

14 contractor or subcontractor; 

15 ‘‘(C) are limited to metalworking, fabrica16 tion, welding, electrical, engineering, and other 

17 technical activities requiring training; 

18 ‘‘(D) are not otherwise associated with ac19 tivities required under section 661.11 of title 49, 

20 Code of Federal Regulations; and 

21 ‘‘(E) includes only activities performed in 

22 the United States and does not include that of 

23 foreign nationals providing assistance at a 

24 United States manufacturing facility. 


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1 ‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND DIS2 CLOSURE.— 

3 ‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If 

4 the Secretary denies an application for a waiver 

5 under subsection (b), the Secretary shall provide to 

6 the applicant a written certification that— 

7 ‘‘(A) the steel, iron, or manufactured goods, 

8 as applicable, (referred to in this paragraph as 

9 the ‘item’) is produced in the United States in 

10 a sufficient and reasonably available amount; 

11 ‘‘(B) the item produced in the United States 

12 is of a satisfactory quality; and 

13 ‘‘(C) includes a list of known manufacturers 

14 in the United States from which the item can be 

15 obtained. 

16 ‘‘(2) DISCLOSURE.—The Secretary shall disclose 

17 the waiver denial and the written certification to the 

18 public in an easily identifiable location on the website 

19 of the Department of Transportation. 

20 ‘‘(f) WAIVER PROHIBITED.—The Secretary may not 

21 make a waiver under subsection (b) for goods produced in 

22 a foreign country if the Secretary, in consultation with the 

23 United States Trade Representative, decides that the gov24 ernment of that foreign country— 


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1 ‘‘(1) has an agreement with the United States 

2 Government under which the Secretary has waived 

3 the requirement of this section; and 

4 ‘‘(2) has violated the agreement by discrimi5 nating against goods to which this section applies 

6 that are produced in the United States and to which 

7 the agreement applies. 

8 ‘‘(g) PENALTY FOR MISLABELING AND MISREPRESEN9 TATION.—A person is ineligible under subpart 9.4 of the 

10 Federal Acquisition Regulation, or any successor thereto, to 

11 receive a contract or subcontract made with amounts au12 thorized under title II of the INVEST in America Act if 

13 a court or department, agency, or instrumentality of the 

14 Government decides the person intentionally— 

15 ‘‘(1) affixed a ‘Made in America’ label, or a label 

16 with an inscription having the same meaning, to 

17 goods sold in or shipped to the United States that are 

18 used in a project to which this section applies but not 

19 produced in the United States; or 

20 ‘‘(2) represented that goods described in para21 graph (1) were produced in the United States. 

22 ‘‘(h) STATE REQUIREMENTS.—The Secretary may not 

23 impose any limitation on assistance provided under this 

24 chapter that restricts a State from imposing more stringent 

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1 terials, and supplies mined, produced, or manufactured in 

2 foreign countries in projects carried out with that assistance 

3 or restricts a recipient of that assistance from complying 

4 with those State-imposed requirements. 

5 ‘‘(i) OPPORTUNITY TO CORRECT INADVERTENT

6 ERROR.—The Secretary may allow a manufacturer or sup7 plier of steel, iron, or manufactured goods to correct after 

8 bid opening any certification of noncompliance or failure 

9 to properly complete the certification (but not including 

10 failure to sign the certification) under this subsection if 

11 such manufacturer or supplier attests under penalty of per12 jury that such manufacturer or supplier submitted an in13 correct certification as a result of an inadvertent or clerical 

14 error. The burden of establishing inadvertent or clerical 

15 error is on the manufacturer or supplier. 

16 ‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely af17 fected by an agency action under this subsection shall have 

18 the right to seek review under section 702 of title 5. 

19 ‘‘(k) STEEL AND IRON.—For purposes of this section, 

20 steel and iron meeting the requirements of section 661.5(b) 

21 of title 49, Code of Federal Regulations, may be considered 

22 produced in the United States. 

23 ‘‘(l) DEFINITION OF SMALL PURCHASE.—For purposes 

24 of determining whether a purchase qualifies for a general 

25 public interest waiver under subsection (b)(1), including 


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1 under any regulation promulgated under such subsection, 

2 the term ‘small purchase’ means a purchase of not more 

3 than $150,000. 

4 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF

5 ROLLING STOCK PURCHASES.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall prescribe 

7 regulations requiring a preaward and postdelivery 

8 certification of a rolling stock vehicle that meets the 

9 requirements of this section and Government motor 

10 vehicle safety requirements to be eligible for a grant 

11 under this chapter. For compliance with this sec12 tion— 

13 ‘‘(A) Federal inspections and review are re14 quired; 

15 ‘‘(B) a manufacturer certification is not 

16 sufficient; and 

17 ‘‘(C) a rolling stock vehicle that has been 

18 certified by the Secretary remains certified until 

19 the manufacturer makes a material change to the 

20 vehicle, or adjusts the cost of all components of 

21 the rolling stock, that reduces, by more than half, 

22 the percentage of domestic content above 70 per23 cent. 

24 ‘‘(2) CERTIFICATION OF PERCENTAGE.—The Sec25 retary may, at the request of a component or subVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 component manufacturer, certify the percentage of do2 mestic content and place of manufacturing for a com3 ponent or subcomponent. 

4 ‘‘(3) FREEDOM OF INFORMATION ACT.—In car5 rying out this subsection, the Secretary shall consist6 ently apply the provisions of section 552 of title 5, in7 cluding subsection (b)(4) of such section. 

8 ‘‘(4) NONCOMPLIANCE.—The Secretary shall pro9 hibit recipients from procuring rolling stock, compo10 nents, or subcomponents from a supplier that inten11 tionally provides false information to comply with 

12 this subsection. 

13 ‘‘(n) SCOPE.—The requirements of this section apply 

14 to all contracts for a public transportation project carried 

15 out within the scope of the applicable finding, determina16 tion, or decision under the National Environmental Policy 

17 Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the fund18 ing source of such contracts, if at least one contract for the 

19 public transportation project is funded with amounts made 

20 available to carry out this chapter. 

21 ‘‘(o) BUY AMERICA CONFORMITY.—The Secretary shall 

22 ensure that all Federal funds for new commuter rail projects 

23 shall comply with this section and shall not be subject to 

24 section 22905(a). 


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1 ‘‘(p) AUDITS AND REPORTING OF WASTE, FRAUD, AND

2 ABUSE.— 

3 ‘‘(1) IN GENERAL.—The Inspector General of the 

4 Department of Transportation shall conduct an an5 nual audit on certifications under subsection (m) re6 garding compliance with Buy America. 

7 ‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.—The 

8 Secretary shall display a ‘Report Fraud, Waste, and 

9 Abuse’ button and link to Department of Transpor10 tation’s Office of Inspector General Hotline on the 

11 Federal Transit Administration’s Buy America land12 ing page. 

13 ‘‘(3) CONTRACT REQUIREMENT.—The Secretary 

14 shall require all recipients who enter into contracts to 

15 purchase rolling stock with funds provided under this 

16 chapter to include in such contract information on 

17 how to contact the Department of Transportation’s 

18 Office of Inspector General Hotline to report sus19 picions of fraud, waste, and abuse. 

20 ‘‘(q) PASSENGER MOTOR VEHICLES.— 

21 ‘‘(1) IN GENERAL.—Any domestically manufac22 tured passenger motor vehicle shall be considered to be 

23 produced in the United States under this section. 

24 ‘‘(2) DOMESTICALLY MANUFACTURED PASSENGER

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1 mestically manufactured passenger motor vehicle’ 

2 means any passenger motor vehicle, as such term is 

3 defined in section 32304(a) that— 

4 ‘‘(A) has under section 32304(b)(1)(B) its 

5 final assembly place in the United States; and 

6 ‘‘(B) the percentage (by value) of passenger 

7 motor equipment under section 32304(b)(1)(A) 

8 equals or exceeds 60 percent value added. 

9 ‘‘(r) ROLLING STOCK COMPONENTS AND SUBCOMPO10 NENTS.—No component or subcomponent of rolling stock 

11 shall be treated as produced in the United States for pur12 poses of subsection (b)(3) or determined to be of domestic 

13 origin under section 661.11 of title 49, Code of Federal Reg14 ulations, if the material inputs of such component or sub15 component were imported into the United States and the 

16 operations performed in the United States on the imported 

17 articles would not result in a change in the article’s classi18 fication to chapter 86 or 87 of the Harmonized Tariff 

19 Schedule of the United States from another chapter or a 

20 new heading of any chapter from the heading under which 

21 the article was classified upon entry. 

22 ‘‘(s) TREATMENT OF STEEL AND IRON COMPONENTS

23 AS PRODUCED IN THE UNITED STATES.—Notwithstanding 

24 any other provision of any law or any rule, regulation, or 

25 policy of the Federal Transit Administration, steel and iron 


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1 components of a system, as defined in section 661.3 of title 

2 49, Code of Federal Regulations, and of manufactured end 

3 products referred to in Appendix A of such section, may 

4 not be considered to be produced in the United States unless 

5 such components meet the requirements of section 661.5(b) 

6 of title 49, Code of Federal Regulations. 

7 ‘‘(t) REQUIREMENT FOR TRANSIT AGENCIES.—Not8 withstanding the provisions of this section, if a transit 

9 agency accepts Federal funds, such agency shall adhere to 

10 the Buy America provisions set forth in this section when 

11 procuring rolling stock.’’. 

12 (2) CLERICAL AMENDMENT.—The analysis for 

13 chapter 53 of title 49, United States Code, is amended 

14 by inserting before the item relating to section 5321 

15 the following: 

‘‘5320. Buy America.’’. 

16 (3) CONFORMING AMENDMENTS.— 

17 (A) TECHNICAL ASSISTANCE AND WORK18 FORCE DEVELOPMENT.—Section 5314(a)(2)(G) of 

19 title 49, United States Code, is amended by 

20 striking ‘‘sections 5323(j) and 5323(m)’’ and in21 serting ‘‘section 5320’’. 

22 (B) URBANIZED AREA FORMULA GRANTS.— 

23 Section 5307(c)(1)(E) of title 49, United States 

24 Code, is amended by inserting ‘‘, 5320,’’ after 

25 ‘‘5323’’. 


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1 (C) INNOVATIVE PROCUREMENT.—Section 

2 3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 

3 5325 note) is amended by striking ‘‘5232(j)’’ and 

4 inserting ‘‘5320’’. 

5 (b) BUS ROLLING STOCK.—Not later than 18 months 

6 after the date of enactment of this Act, the Secretary of 

7 Transportation shall issue such regulations as are necessary 

8 to revise Appendix B and Appendix D of section 661.11 

9 of title 49, Code of Federal Regulations, with respect to bus 

10 rolling stock to maximize job creation and align such sec11 tion with modern manufacturing techniques. 

12 (c) RAIL ROLLING STOCK.—Not later than 30 months 

13 after the date of enactment of this Act, the Secretary shall 

14 issue such regulations as are necessary to revise subsections 

15 (t), (u), and (v) of section 661.11 of title 49, Code of Federal 

16 Regulations, with respect to rail rolling stock to maximize 

17 job creation and align such section with modern manufac18 turing techniques. 

19 (d) RULE OF APPLICABILITY.— 

20 (1) IN GENERAL.—Except as otherwise provided 

21 in this subsection, the amendments made by this sec22 tion shall apply to any contract entered into on or 

23 after the date of enactment of this Act. 

24 (2) DELAYED APPLICABILITY OF CERTAIN PROVI25 SIONS.—Contracts described in paragraph (1) shall be 


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1 subject to the following delayed applicability require2 ments: 

3 (A) Section 5320(m)(2) shall apply to con4 tracts entered into on or after the date that is 30 

5 days after the date of enactment of this Act. 

6 (B) Notwithstanding subparagraph (A), sec7 tion 5320(m) shall apply to contracts for the 

8 procurement of bus rolling stock beginning on the 

9 earlier of— 

10 (i) 180 days after the date on which 

11 final regulations are issued pursuant to 

12 subsection (b); or 

13 (ii) the date that is 1 year after the 

14 date of enactment of this Act. 

15 (C) Notwithstanding subparagraph (A), sec16 tion 5320(m) shall apply to contracts for the 

17 procurement of rail rolling stock beginning on 

18 the earlier of— 

19 (i) 180 days after the date on which 

20 final regulations are issued pursuant to 

21 subsection (c); or 

22 (ii) the date that is 2 years after the 

23 date of enactment of this Act. 

24 (D) Section 5320(p)(1) shall apply on the 

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1 tion dates described in subparagraphs (A) 

2 through (C). 

3 (3) SPECIAL RULE FOR CERTAIN CONTRACTS.— 

4 For any contract described in paragraph (1) for 

5 which the delivery for the first production vehicle oc6 curs before October 1, 2024, paragraphs (1) and (4) 

7 of section 5320(d) shall not apply. 

8 (4) SPECIAL RULE FOR BATTERY CELL INCEN9 TIVES.—For any contract described in paragraph (1) 

10 for which the delivery for the first production vehicle 

11 occurs before October 1, 2022, section 5320(d)(5) shall 

12 not apply. 

13 (e) SPECIAL RULE FOR DOMESTIC CONTENT.—For the 

14 calculation of the percent of domestic content calculated 

15 under section 5320(d)(2) for a contract for rolling stock en16 tered into on or after October 1, 2020— 

17 (1) if the delivery of the first production vehicle 

18 occurs in fiscal year 2022 or fiscal year 2023, for 

19 components that exceed 70 percent domestic content, 

20 the Secretary shall add 20 additional percent to the 

21 component’s domestic content; and 

22 (2) if the delivery of the first production vehicle 

23 occurs in fiscal year 2024 or fiscal year 2025— 

24 (A) for components that exceed 70 percent 

25 but do not exceed 75 percent domestic content, 


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1 the Secretary shall add 15 additional percent to 

2 the component’s domestic content; or 

3 (B) for components that exceed 75 percent 

4 domestic content, the Secretary shall add 20 ad5 ditional percent to the component’s domestic con6 tent. 

7 SEC. 2302. BUS PROCUREMENT STREAMLINING. 

8 Section 5323 of title 49, United States Code, as is 

9 amended by adding at the end the following: 

10 ‘‘(x) BUS PROCUREMENT STREAMLINING.— 

11 ‘‘(1) IN GENERAL.—The Secretary may only ob12 ligate amounts for acquisition of buses under this 

13 chapter to a recipient that issues a request for pro14 posals for an open market procurement that meets the 

15 following criteria: 

16 ‘‘(A) Such request for proposals is limited 

17 to performance specifications, except for compo18 nents or subcomponents identified in the nego19 tiated rulemaking carried out pursuant to this 

20 subsection. 

21 ‘‘(B) Such request for proposals does not 

22 seek any alternative design or manufacture spec23 ification of a bus offered by a manufacturer, ex24 cept to require a component or subcomponent 


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1 identified in the negotiated rulemaking carried 

2 out pursuant to this subsection. 

3 ‘‘(2) SPECIFIC BUS COMPONENT NEGOTIATED

4 RULEMAKING.— 

5 ‘‘(A) INITIATION.—Not later than 120 days 

6 after the date of enactment of the INVEST in 

7 America Act, the Secretary shall initiate proce8 dures under subchapter III of chapter 5 of title 

9 5 to negotiate and issue such regulations as are 

10 necessary to establish as limited a list as is prac11 ticable of bus components and subcomponents de12 scribed in subparagraph (B). 

13 ‘‘(B) LIST OF COMPONENTS.—The regula14 tions required under subparagraph (A) shall es15 tablish a list of bus components and subcompo16 nents that may be specified in a request for pro17 posals described in paragraph (1) by a recipient. 

18 The Secretary shall ensure the list is limited in 

19 scope and limited to only components and sub20 components that cannot be selected with perform21 ance specifications to ensure interoperability. 

22 ‘‘(C) PUBLICATION OF PROPOSED REGULA23 TIONS.—Proposed regulations to implement this 

24 section shall be published in the Federal Register 


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1 by the Secretary not later than 18 months after 

2 such date of enactment. 

3 ‘‘(D) COMMITTEE.—A negotiated rule4 making committee established pursuant to sec5 tion 565 of title 5 to carry out this paragraph 

6 shall have a maximum of 11 members limited to 

7 representatives of the Department of Transpor8 tation, urban and rural recipients (including 

9 State government recipients), and transit vehicle 

10 manufacturers. 

11 ‘‘(E) EXTENSION OF DEADLINES.—A dead12 line set forth in subparagraph (C) may be ex13 tended up to 180 days if the negotiated rule14 making committee referred to in subparagraph 

15 (D) concludes that the committee cannot meet the 

16 deadline and the Secretary so notifies the Com17 mittee on Transportation and Infrastructure of 

18 the House of Representatives and the Committee 

19 on Banking, Housing, and Urban Affairs of the 

20 Senate. 

21 ‘‘(3) SAVINGS CLAUSE.—Nothing in this section 

22 shall be construed to provide additional authority for 

23 the Secretary to restrict what a bus manufacturer of24 fers to sell to a public transportation agency.’’. 


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1 SEC. 2303. BUS TESTING FACILITY. 

2 Section 5318 of title 49, United States Code, is amend3 ed by adding at the end the following: 

4 ‘‘(f) TESTING SCHEDULE.—The Secretary shall— 

5 ‘‘(1) determine eligibility of a bus manufactur6 er’s request for testing within 10 business days; 

7 ‘‘(2) make publicly available the current backlog 

8 (in months) to begin testing a new bus at the bus test9 ing facility; and 

10 ‘‘(3) designate The Ohio State University as the 

11 autonomous and advanced driver-assistance systems 

12 test development facility for all bus testing with au13 tonomous or advanced driver-assistance systems tech14 nology and The Ohio State University will also serve 

15 as the over-flow new model bus testing facility to Al16 toona.’’. 

17 SEC. 2304. REPAYMENT REQUIREMENT. 

18 (a) IN GENERAL.—A transit agency shall repay into 

19 the general fund of the Treasury all funds received from 

20 the Federal Transit Administration under the heading 

21 ‘‘Federal Transit Administration, Transit Infrastructure 

22 Grants’’ under the CARES Act (Public Law 116–136) if 

23 any portion of the funding was used to award a contract 

24 or subcontract to an entity for the procurement of rolling 

25 stock for use in public transportation if the manufacturer 

26 of the rolling stock— 


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1 (1) is incorporated in or has manufacturing fa2 cilities in the United States; and 

3 (2) is owned or controlled by, is a subsidiary of, 

4 or is otherwise related legally or financially to a cor5 poration based in a country that— 

6 (A) is identified as a nonmarket economy 

7 country (as defined in section 771(18) of the 

8 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 

9 the date of enactment of this subsection; 

10 (B) was identified by the United States 

11 Trade Representative in the most recent report 

12 required by section 182 of the Trade Act of 1974 

13 (19 U.S.C. 2242) as a priority foreign country 

14 under subsection (a)(2) of that section; and 

15 (C) is subject to monitoring by the Trade 

16 Representative under section 306 of the Trade 

17 Act of 1974 (19 U.S.C. 2416). 

18 (b) CERTIFICATION.—Not later than 60 days after the 

19 date of enactment of this section, a transit agency that re20 ceived funds pursuant to the CARES Act (Public Law 116– 

21 136) shall certify that the agency has not and shall not use 

22 such funds to purchase rolling stock described in subsection 

23 (a). Repayment shall also be required for any such agency 

24 that fails to certify in accordance with the preceding sen25 tence. 


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1 SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING 

2 A MAJOR DISASTER. 

3 (a) IN GENERAL.—Section 5323 of title 49, United 

4 States Code, is amended by adding at the end the following: 

5 ‘‘(y) URBANIZED AREAS FOLLOWING A MAJOR DIS6 ASTER.— 

7 ‘‘(1) DEFINED TERM.—In this subsection, the 

8 term ‘decennial census date’ has the meaning given 

9 the term in section 141(a) of title 13. 

10 ‘‘(2) URBANIZED AREA MAJOR DISASTER POPU11 LATION CRITERIA.—Notwithstanding section 5302, for 

12 purposes of this chapter, the Secretary shall treat an 

13 area as an urbanized area for the period described in 

14 paragraph (3) if— 

15 ‘‘(A) a major disaster was declared by the 

16 President under section 401 of the Robert T. 

17 Stafford Disaster Relief and Emergency Assist18 ance Act (42 U.S.C. 5170) for the area during 

19 the 3-year period preceding the decennial census 

20 date for the 2010 decennial census or for any 

21 subsequent decennial census; 

22 ‘‘(B) the area was defined and designated 

23 as an ‘urbanized area’ by the Secretary of Com24 merce in the decennial census immediately pre25 ceding the major disaster described in subpara26 graph (A); and 


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1 ‘‘(C) the population of the area fell below 

2 50,000 as a result of the major disaster described 

3 in subparagraph (A). 

4 ‘‘(3) COVERED PERIOD.—The Secretary shall 

5 treat an area as an urbanized area under paragraph 

6 (2) during the period— 

7 ‘‘(A) beginning on— 

8 ‘‘(i) in the case of a major disaster de9 scribed in paragraph (2)(A) that occurred 

10 during the 3-year period preceding the de11 cennial census date for the 2010 decennial 

12 census, October 1 of the first fiscal year that 

13 begins after the date of enactment of this 

14 subsection; or 

15 ‘‘(ii) in the case of any other major 

16 disaster described in paragraph (2)(A), Oc17 tober 1 of the first fiscal year— 

18 ‘‘(I) that begins after the decen19 nial census date for the first decennial 

20 census conducted after the major dis21 aster; and 

22 ‘‘(II) for which the Secretary has 

23 sufficient data from that census to de24 termine that the area qualifies for 


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1 treatment as an urbanized area under 

2 paragraph (2); and 

3 ‘‘(B) ending on the day before the first fiscal 

4 year— 

5 ‘‘(i) that begins after the decennial cen6 sus date for the second decennial census con7 ducted after the major disaster described in 

8 paragraph (2)(A); and 

9 ‘‘(ii) for which the Secretary has suffi10 cient data from that census to determine 

11 which areas are urbanized areas for pur12 poses of this chapter. 

13 ‘‘(4) POPULATION CALCULATION.—An area treat14 ed as an urbanized area under this subsection shall 

15 be assigned the population and square miles of the ur16 banized area designated by the Secretary of Commerce 

17 in the most recent decennial census conducted before 

18 the major disaster described in paragraph (2)(A). 

19 ‘‘(5) SAVINGS PROVISION.—Nothing in this sub20 section may be construed to affect apportionments 

21 made under this chapter before the date of enactment 

22 of this subsection.’’. 

23 (b) AMENDMENT TAKES EFFECT ON ENACTMENT.— 

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1 section (a) shall take effect on the date of enactment of this 

2 Act. 

3 SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK 

4 PROCUREMENTS. 

5 Section 5323(u)(5)(A) of title 49, United States Code, 

6 (as redesignated by this Act) is amended by striking ‘‘made 

7 by a public transportation agency with a rail rolling stock 

8 manufacturer described in paragraph (1)’’ and inserting 

9 ‘‘as of December 20, 2019, including options and other re10 quirements tied to these contracts or subcontracts, made by 

11 a public transportation agency with a restricted rail rolling 

12 stock manufacturer’’. 

13 SEC. 2307. CERTIFICATION REQUIREMENTS. 

14 (a) LIMITATION OF TREATMENT OF DOMESTIC OR U.S. 

15 ORIGIN.—Notwithstanding any other provision of any law 

16 or any rule, regulation, or policy of the Administration, 

17 including part 661 of title 49, Code of Federal Regulations, 

18 no article, material, or supply, shall be treated as a compo19 nent of ‘‘U.S. origin’’ for purposes of section 661.5 of title 

20 49, Code of Federal Regulations, or a component or sub21 component of domestic origin for purposes of section 661.11 

22 of title 49, Code of Federal Regulations, if— 

23 (1) it contains any material inputs manufac24 tured or supplied by entities that— 


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1 (A) are subject to relief authorized under the 

2 fair trade laws of the United States, including 

3 subtitle B of title VII of the Tariff Act of 1930 

4 (19 U.S.C. 1673 et seq.) and subtitle A of title 

5 VII of the Tariff Act of 1930 (19 U.S.C. 1671 et 

6 seq.); 

7 (B) are owned or controlled by entities sub8 ject to United States sanctions; or 

9 (C) are entities owned by a foreign govern10 ment, closely linked to or in partnership with a 

11 foreign government or whose directors or organi12 zational and board leadership include any per13 son serving in any capacity in the defense appa14 ratus of another nation; 

15 (2) it contains or uses covered telecommuni16 cations equipment or services as that term is defined 

17 by section 889 of the John S. McCain National De18 fense Authorization Act for Fiscal Year 2019 (Public 

19 Law 115–232); or 

20 (3) it is of a class or category of products and 

21 was produced by a manufacturer or an affiliate of 

22 such a manufacturer found to have violated United 

23 States intellectual property laws, including trade se24 cret theft under section 1832(a)(5) of title 18, United 

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1 nage under section 183J(a)(5) of such title, or deemed 

2 to have infringed the intellectual property rights of 

3 any person in the United States. 

4 (b) CERTIFICATION.—If buses or other rolling stock are 

5 being procured, the Administrator of the Federal Transit 

6 Administration shall require as a condition of responsive7 ness that each bidder certify that no component, subcompo8 nent, article, material, or supply described in subpara9 graphs (A) through (C) of subsection (a)(1) of this section 

10 is incorporated in or used by the rolling stock that is offered 

11 by the bidder. 

12 Subtitle D—Bus Grant Reforms 

13 SEC. 2401. FORMULA GRANTS FOR BUSES. 

14 Section 5339(a) of title 49, United States Code, is 

15 amended— 

16 (1) in paragraph (1)— 

17 (A) by inserting ‘‘and subsection (d)’’ after 

18 ‘‘In this subsection’’; 

19 (B) in subparagraph (A) by striking ‘‘term 

20 ‘low or no emission vehicle’ has’’ and inserting 

21 ‘‘term ‘zero emission vehicle’ has’’; 

22 (C) in subparagraph (B) by inserting ‘‘and 

23 the District of Columbia’’ after ‘‘United States’’; 

24 and 


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1 (D) in subparagraph (C) by striking ‘‘the 

2 District of Columbia,’’; 

3 (2) in paragraph (2)(A) by striking ‘‘low or no 

4 emission vehicles’’ and inserting ‘‘zero emission vehi5 cles’’; 

6 (3) in paragraph (4)— 

7 (A) in subparagraph (A) by inserting ‘‘and 

8 subsection (d)’’ after ‘‘this subsection’’; and 

9 (B) in subparagraph (B) by inserting ‘‘and 

10 subsection (d)’’ after ‘‘this subsection’’; 

11 (4) in paragraph (5)(A)— 

12 (A) by striking ‘‘$90,500,000’’ and inserting 

13 ‘‘$156,750,000’’; 

14 (B) by striking ‘‘2016 through 2020’’ and 

15 inserting ‘‘2022 through 2025’’; 

16 (C) by striking ‘‘$1,750,000’’ and inserting 

17 ‘‘$3,000,000’’; and 

18 (D) by striking ‘‘$500,000’’ and inserting 

19 ‘‘$750,000’’; 

20 (5) in paragraph (7) by adding at the end the 

21 following: 

22 ‘‘(C) SPECIAL RULE FOR BUSES AND RE23 LATED EQUIPMENT FOR ZERO EMISSION VEHI24 CLES.—Notwithstanding subparagraph (A), a 

25 grant for a capital project for buses and related 


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1 equipment for zero emission vehicles under this 

2 subsection shall be for 90 percent of the net cap3 ital costs of the project. A recipient of a grant 

4 under this subsection may provide additional 

5 local matching amounts.’’; 

6 (6) in paragraph (8) by striking ‘‘3 fiscal years’’ 

7 and inserting ‘‘4 fiscal years’’ each place such term 

8 appears; and 

9 (7) by striking paragraph (9). 

10 SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COM11 PETITIVE GRANTS. 

12 Section 5339(b) of title 49, United States Code, is 

13 amended— 

14 (1) in the heading by striking ‘‘BUSES AND BUS

15 FACILITIES COMPETITIVE GRANTS’’ and inserting 

16 ‘‘BUS FACILITIES AND FLEET EXPANSION COMPETI17 TIVE GRANTS’’; 

18 (2) in paragraph (1)— 

19 (A) by striking ‘‘buses and’’; 

20 (B) by inserting ‘‘and certain buses’’ after 

21 ‘‘capital projects’’; 

22 (C) in subparagraph (A) by striking ‘‘buses 

23 or related equipment’’ and inserting ‘‘bus-related 

24 facilities’’; and 


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1 (D) by striking subparagraph (B) and in2 serting the following: 

3 ‘‘(B) purchasing or leasing buses that will 

4 not replace buses in the applicant’s fleet at the 

5 time of application and will be used to— 

6 ‘‘(i) increase the frequency of bus serv7 ice; or 

8 ‘‘(ii) increase the service area of the 

9 applicant.’’; 

10 (3) by striking paragraph (2) and inserting the 

11 following: 

12 ‘‘(2) GRANT CONSIDERATIONS.—In making 

13 grants— 

14 ‘‘(A) under subparagraph (1)(A), the Sec15 retary shall only consider— 

16 ‘‘(i) the age and condition of bus-re17 lated facilities of the applicant compared to 

18 all applicants and proposed improvements 

19 to the resilience (as such term is defined in 

20 section 5302) of such facilities; 

21 ‘‘(ii) for a facility within or partially 

22 within the 100-year floodplain, whether 

23 such facility will be at least 2 feet above the 

24 base flood elevation; and 


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1 ‘‘(iii) for a bus station, the degree of 

2 multi-modal connections at such station; 

3 and 

4 ‘‘(B) under paragraph (1)(B), the Secretary 

5 shall consider the improvements to headway and 

6 projected new ridership.’’; and 

7 (4) in paragraph (6) by striking subparagraph 

8 (B) and inserting the following: 

9 ‘‘(B) GOVERNMENT SHARE OF COSTS.— 

10 ‘‘(i) IN GENERAL.—The Government 

11 share of the cost of an eligible project car12 ried out under this subsection shall not ex13 ceed 80 percent. 

14 ‘‘(ii) SPECIAL RULE FOR BUSES AND

15 RELATED EQUIPMENT FOR ZERO EMISSION

16 VEHICLES.—Notwithstanding clause (i), the 

17 Government share of the cost of an eligible 

18 project for the financing of buses and re19 lated equipment for zero emission vehicles 

20 shall not exceed 90 percent.’’. 

21 SEC. 2403. ZERO EMISSION BUS GRANTS. 

22 (a) IN GENERAL.—Section 5339(c) of title 49, United 

23 States Code, is amended— 


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1 (1) in the heading by striking ‘‘LOW OR NO

2 EMISSION GRANTS’’ and inserting ‘‘ZERO EMISSION

3 GRANTS’’; 

4 (2) in paragraph (1)— 

5 (A) in subparagraph (B)— 

6 (i) in clause (i) by striking ‘‘low or no 

7 emission’’ and inserting ‘‘zero emission’’; 

8 (ii) in clause (ii) by striking ‘‘low or 

9 no emission’’ and inserting ‘‘zero emission’’; 

10 (iii) in clause (iii) by striking ‘‘low or 

11 no emission’’ and inserting ‘‘zero emission’’; 

12 (iv) in clause (iv) by striking ‘‘facili13 ties and related equipment for low or no 

14 emission’’ and inserting ‘‘related equipment 

15 for zero emission’’; 

16 (v) in clause (v) by striking ‘‘facilities 

17 and related equipment for low or no emis18 sion vehicles;’’ and inserting ‘‘related equip19 ment for zero emission vehicles; or’’; 

20 (vi) in clause (vii) by striking ‘‘low or 

21 no emission’’ and inserting ‘‘zero emission’’; 

22 (vii) by striking clause (vi); and 

23 (viii) by redesignating clause (vii) as 

24 clause (vi); 


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1 (B) by striking subparagraph (D) and in2 serting the following: 

3 ‘‘(D) the term ‘zero emission bus’ means a 

4 bus that is a zero emission vehicle;’’; 

5 (C) by striking subparagraph (E) and in6 serting the following: 

7 ‘‘(E) the term ‘zero emission vehicle’ means 

8 a vehicle used to provide public transportation 

9 that produces no carbon dioxide or particulate 

10 matter;’’; 

11 (D) in subparagraph (F) by striking ‘‘and’’ 

12 at the end; 

13 (E) by striking subparagraph (G) and in14 serting the following: 

15 ‘‘(G) the term ‘eligible area’ means an area 

16 that is— 

17 ‘‘(i) designated as a nonattainment 

18 area for ozone or particulate matter under 

19 section 107(d) of the Clean Air Act (42 

20 U.S.C. 7407(d)); 

21 ‘‘(ii) a maintenance area, as such term 

22 is defined in section 5303, for ozone or par23 ticulate matter; or 

24 ‘‘(iii) in a State that has enacted a 

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1 quirement, as determined by the Secretary; 

2 and’’; and 

3 (F) by adding at the end the following: 

4 ‘‘(H) the term ‘low-income community’ 

5 means any population census tract if— 

6 ‘‘(i) the poverty rate for such tract is 

7 at least 20 percent; or 

8 ‘‘(ii) in the case of a tract— 

9 ‘‘(I) not located within a metro10 politan area, the median family in11 come for such tract does not exceed 80 

12 percent of statewide median family in13 come; or 

14 ‘‘(II) located within a metropoli15 tan area, the median family income 

16 for such tract does not exceed 80 per17 cent of the greater statewide median 

18 family income or the metropolitan area 

19 median family income.’’; 

20 (3) by striking paragraph (5) and inserting the 

21 following: 

22 ‘‘(5) GRANT ELIGIBILITY.—In awarding grants 

23 under this subsection, the Secretary shall make grants 

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1 ing of zero emission buses or bus facility improve2 ments— 

3 ‘‘(A) that procure— 

4 ‘‘(i) at least 10 zero emission buses; 

5 ‘‘(ii) if the recipient operates less than 

6 50 buses in peak service, at least 5 zero 

7 emission buses; or 

8 ‘‘(iii) hydrogen buses; 

9 ‘‘(B) for which the recipient’s board of di10 rectors has approved a long-term integrated fleet 

11 management plan that— 

12 ‘‘(i) establishes a goal by a set date to 

13 convert the entire bus fleet to zero emission 

14 buses; or 

15 ‘‘(ii) establishes a goal that within 10 

16 years from the date of approval of such plan 

17 the recipient will convert a set percentage of 

18 the total bus fleet of such recipient to zero 

19 emission buses; and 

20 ‘‘(C) for which the recipient has performed 

21 a fleet transition study that includes optimal 

22 route planning and an analysis of how utility 

23 rates may impact the recipient’s operations and 

24 maintenance budget. 


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1 ‘‘(6) LOW AND MODERATE COMMUNITY

2 GRANTS.—Not less than 10 percent of the amounts 

3 made available under this subsection in a fiscal year 

4 shall be distributed to projects serving predominantly 

5 low-income communities.’’; and 

6 (4) by adding at the end the following: 

7 ‘‘(8) CERTIFICATION.—The Secretary of Com8 merce shall certify that no projects carried out under 

9 this subsection use minerals sourced or processed with 

10 child labor, as such term is defined in Article 3 of the 

11 International Labor Organization Convention con12 cerning the prohibition and immediate action for the 

13 elimination of the worst forms of child labor (Decem14 ber 2, 2000), or in violation of human rights.’’. 

15 (b) METROPOLITAN TRANSPORTATION PLANNING.— 

16 Section 5303(b) of title 49, United States Code, is amended 

17 by adding at the end the following: 

18 ‘‘(8) MAINTENANCE AREA.—The term ‘mainte19 nance area’ has the meaning given the term in sec20 tions 171(2) and 175A of the Clean Air Act (42 

21 U.S.C. 7501(2); 7505a).’’. 

22 SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FOR23 MULA SUBGRANT. 

24 Section 5339 of title 49, United States Code, is amend25 ed by adding at the end the following: 


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1 ‘‘(d) RESTORATION TO STATE OF GOOD REPAIR FOR2 MULA SUBGRANT.— 

3 ‘‘(1) GENERAL AUTHORITY.—The Secretary may 

4 make grants under this subsection to assist eligible re5 cipients and subrecipients described in paragraph (2) 

6 in financing capital projects to replace, rehabilitate, 

7 and purchase buses and related equipment. 

8 ‘‘(2) ELIGIBLE RECIPIENTS AND SUBRECIPI9 ENTS.—Not later than September 1 annually, the Sec10 retary shall make public a list of eligible recipients 

11 and subrecipients based on the most recent data 

12 available in the National Transit Database to cal13 culate the 20 percent of eligible recipients and sub14 recipients with the highest percentage of asset vehicle 

15 miles for buses beyond the useful life benchmark estab16 lished by the Federal Transit Administration. 

17 ‘‘(3) URBAN APPORTIONMENTS.—Funds allocated 

18 under section 5338(a)(2)(L)(ii) shall be— 

19 ‘‘(A) distributed to— 

20 ‘‘(i) designated recipients in an urban21 ized area with a population of more than 

22 200,000 made eligible by paragraph (1); 

23 and 


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1 ‘‘(ii) States based on subrecipients 

2 made eligible by paragraph (1) in an ur3 banized area under 200,000; and 

4 ‘‘(B) allocated pursuant to the formula set 

5 forth in section 5336 other than subsection (b), 

6 using the data from the 20 percent of eligible re7 cipients and subrecipients. 

8 ‘‘(4) RURAL ALLOCATION.—The Secretary 

9 shall— 

10 ‘‘(A) calculate the percentage of funds under 

11 section 5338(a)(2)(L)(ii) to allocate to rural sub12 recipients by dividing— 

13 ‘‘(i) the asset vehicle miles for buses be14 yond the useful life benchmark (established 

15 by the Federal Transit Administration) of 

16 the rural subrecipients described in para17 graph (2); by 

18 ‘‘(ii) the total asset vehicle miles for 

19 buses beyond such benchmark of all eligible 

20 recipients and subrecipients described in 

21 paragraph (2); and 

22 ‘‘(B) prior to the allocation described in 

23 paragraph (3)(B), apportion to each State the 

24 amount of the total rural allocation calculated 


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1 under subparagraph (A) attributable to such 

2 State based the proportion that— 

3 ‘‘(i) the asset vehicle miles for buses be4 yond the useful life benchmark (established 

5 by the Federal Transit Administration) for 

6 rural subrecipients described in paragraph 

7 (2) in such State; bears to 

8 ‘‘(ii) the total asset vehicle miles de9 scribed in subparagraph (A)(i). 

10 ‘‘(5) APPLICATION OF OTHER PROVISIONS.— 

11 Paragraphs (3), (7), and (8) of subsection (a) shall 

12 apply to eligible recipients and subrecipients de13 scribed in paragraph (2) of a grant under this sub14 section. 

15 ‘‘(6) PROHIBITION.—No eligible recipient or sub16 recipient outside the top 5 percent of asset vehicle 

17 miles for buses beyond the useful life benchmark estab18 lished by the Federal Transit Administration may re19 ceive a grant in both fiscal year 2022 and fiscal year 

20 2023. 

21 ‘‘(7) REQUIREMENT.—The Secretary shall re22 quire— 

23 ‘‘(A) States to expend, to the benefit of the 

24 subrecipients eligible under paragraph (2), the 


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1 apportioned funds attributed to such subrecipi2 ents; and 

3 ‘‘(B) designated recipients to provide the al4 located funds to the recipients eligible under 

5 paragraph (2) the apportioned funds attributed 

6 to such recipients.’’. 

7 Subtitle E—Supporting All Riders 

8 SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS. 

9 Section 5336(j) of title 49, United States Code, is 

10 amended 

11 (1) in paragraph (1) by striking ‘‘75 percent’’ 

12 and inserting ‘‘50 percent’’; 

13 (2) in paragraph (2) by striking ‘‘25 percent’’ 

14 and inserting ‘‘12.5 percent’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(3) 30 percent of the funds shall be apportioned 

17 among designated recipients for urbanized areas with 

18 a population of 200,000 or more in the ratio that— 

19 ‘‘(A) the number of individuals in each such 

20 urbanized area residing in an urban census tract 

21 with a poverty rate of at least 20 percent during 

22 the 5 years most recently ending; bears to 

23 ‘‘(B) the number of individuals in all such 

24 urbanized areas residing in an urban census 


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1 tract with a poverty rate of at least 20 percent 

2 during the 5 years most recently ending; and 

3 ‘‘(4) 7.5 percent of the funds shall be apportioned 

4 among designated recipients for urbanized areas with 

5 a population less than 200,000 in the ratio that— 

6 ‘‘(A) the number of individuals in each such 

7 urbanized area residing in an urban census tract 

8 with a poverty rate of at least 20 percent during 

9 the 5 years most recently ending; bears to 

10 ‘‘(B) the number of individuals in all such 

11 areas residing in an urban census tract with a 

12 poverty rate of at least 20 percent during the 5 

13 years most recently ending.’’. 

14 SEC. 2502. RURAL PERSISTENT POVERTY FORMULA. 

15 Section 5311 of title 49, United States Code, as amend16 ed in section 2204, is further amended— 

17 (1) in subsection (a) by adding at the end the 

18 following: 

19 ‘‘(3) PERSISTENT POVERTY COUNTY.—The term 

20 ‘persistent poverty county’ means any county with a 

21 poverty rate of at least 20 percent— 

22 ‘‘(A) as determined in each of the 1990 and 

23 2000 decennial censuses; 

24 ‘‘(B) in the Small Area Income and Poverty 

25 Estimates of the Bureau of the Census for the 


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1 most recent year for which the estimates are 

2 available; and 

3 ‘‘(C) has at least 25 percent of its popu4 lation in rural areas.’’; 

5 (2) in subsection (b)(2)(C)(i) by inserting ‘‘and 

6 persistent poverty counties’’ before the semicolon; and 

7 (3) in subsection (c) by striking paragraph (2) 

8 and inserting the following: 

9 ‘‘(2) PERSISTENT POVERTY PUBLIC TRANSPOR10 TATION ASSISTANCE PROGRAM.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 carry out a public transportation assistance pro13 gram for areas of persistent poverty. 

14 ‘‘(B) APPORTIONMENT.—Of amounts made 

15 available or appropriated for each fiscal year 

16 under section 5338(a)(2)(E)(ii) to carry out this 

17 paragraph, the Secretary shall apportion funds 

18 to recipients for service in, or directly benefit19 ting, persistent poverty counties for any eligible 

20 purpose under this section in the ratio that— 

21 ‘‘(i) the number of individuals in each 

22 such rural area residing in a persistent 

23 poverty county; bears to 


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1 ‘‘(ii) the number of individuals in all 

2 such rural areas residing in a persistent 

3 poverty county.’’. 

4 SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT RE5 DUCED FARE TRANSIT. 

6 Section 5312 of title 49, United States Code, is amend7 ed by adding at the end the following: 

8 ‘‘(j) DEMONSTRATION GRANTS TO SUPPORT REDUCED

9 FARE TRANSIT.— 

10 ‘‘(1) IN GENERAL.—Not later than 300 days 

11 after the date of enactment of the INVEST in Amer12 ica Act, the Secretary shall award grants (which shall 

13 be known as ‘Access to Jobs Grants’) to eligible enti14 ties, on a competitive basis, to implement reduced 

15 fare transit service. 

16 ‘‘(2) NOTICE.—Not later than 180 days after the 

17 date of enactment of the INVEST in America Act, the 

18 Secretary shall provide notice to eligible entities of the 

19 availability of grants under paragraph (1). 

20 ‘‘(3) APPLICATION.—To be eligible to receive a 

21 grant under this subsection, an eligible recipient shall 

22 submit to the Secretary an application containing 

23 such information as the Secretary may require, in24 cluding, at a minimum, the following: 


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1 ‘‘(A) A description of how the eligible entity 

2 plans to implement reduced fare transit access 

3 with respect to low-income individuals, includ4 ing any eligibility requirements for such transit 

5 access. 

6 ‘‘(B) A description of how the eligible entity 

7 will consult with local community stakeholders, 

8 labor unions, local education agencies and insti9 tutions of higher education, public housing agen10 cies, and workforce development boards in the 

11 implementation of reduced fares. 

12 ‘‘(C) A description of the eligible entity’s 

13 current fare evasion enforcement policies, includ14 ing how the eligible entity plans to use the re15 duced fare program to reduce fare evasion. 

16 ‘‘(D) An estimate of additional costs to such 

17 eligible entity as a result of reduced transit fares. 

18 ‘‘(4) GRANT DURATION.—Grants awarded under 

19 this subsection shall be for a 2-year period. 

20 ‘‘(5) SELECTION OF ELIGIBLE RECIPIENTS.—In 

21 carrying out the program under this subsection, the 

22 Secretary shall award not more than 20 percent of 

23 grants to eligible entities located in rural areas. 

24 ‘‘(6) USES OF FUNDS.—An eligible entity receiv25 ing a grant under this subsection shall use such grant 


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1 to implement a reduced fare transit program and off2 set lost fare revenue. 

3 ‘‘(7) DEFINITIONS.—In this subsection: 

4 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible 

5 entity’ means a State, local, or Tribal govern6 mental entity that operates a public transpor7 tation service and is a recipient or subrecipient 

8 of funds under this chapter. 

9 ‘‘(B) LOW-INCOME INDIVIDUAL.—The term 

10 ‘low-income individual’ means an individual— 

11 ‘‘(i) that has qualified for— 

12 ‘‘(I) any program of medical as13 sistance under a State plan or under a 

14 waiver of the plan under title XIX of 

15 the Social Security Act (42 U.S.C. 

16 1396 et seq.); 

17 ‘‘(II) supplemental nutrition as18 sistance program (SNAP) under the 

19 Food and Nutrition Act of 2008 (7 

20 U.S.C. 2011 et seq.); 

21 ‘‘(III) the program of block grants 

22 for States for temporary assistance for 

23 needy families (TANF) established 

24 under part A of title IV of the Social 

25 Security Act (42 U.S.C. 601 et seq.); 


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1 ‘‘(IV) the free and reduced price 

2 school lunch program established under 

3 the Richard B. Russell National School 

4 Lunch Act (42 U.S.C. 1751 et seq.); 

5 ‘‘(V) a housing voucher through 

6 section 8(o) of the United States Hous7 ing Act of 1937 (42 U.S.C. 1437f(o)); 

8 ‘‘(VI) benefits under the Low-In9 come Home Energy Assistance Act of 

10 1981; or 

11 ‘‘(VII) special supplemental food 

12 program for women, infants and chil13 dren (WIC) under section 17 of the 

14 Child Nutrition Act of 1966 (42 U.S.C. 

15 1786); or 

16 ‘‘(ii) whose family income is at or 

17 below a set percent (as determined by the el18 igible recipient) of the poverty line (as that 

19 term is defined in section 673(2) of the 

20 Community Service Block Grant Act (42 

21 U.S.C. 9902(2)), including any revision re22 quired by that section) for a family of the 

23 size involved. 

24 ‘‘(8) REPORT.—The Secretary shall designate a 

25 university transportation center under section 5505 to 


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1 collaborate with the eligible entities receiving a grant 

2 under this subsection to collect necessary data to 

3 evaluate the effectiveness of meeting the targets de4 scribed in the application of such recipient, including 

5 increased ridership and progress towards signifi6 cantly closing transit equity gaps.’’. 

7 Subtitle F—Supporting Frontline 

8 Workers and Passenger Safety 

9 SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE 

10 TRAINING CENTER. 

11 Section 5314(b) of title 49, United States Code, is 

12 amended— 

13 (1) by striking paragraph (2) and inserting the 

14 following: 

15 ‘‘(2) NATIONAL TRANSIT FRONTLINE WORKFORCE

16 TRAINING CENTER.— 

17 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

18 establish a national transit frontline workforce 

19 training center (hereinafter referred to as the 

20 ‘Center’) and award grants to a nonprofit orga21 nization with a demonstrated capacity to develop 

22 and provide transit career ladder programs 

23 through labor-management partnerships and ap24 prenticeships on a nationwide basis, in order to 

25 carry out the duties under subparagraph (B). 


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1 The Center shall be dedicated to the needs of the 

2 frontline transit workforce in both rural and 

3 urban transit systems by providing standards4 based training in the maintenance and oper5 ations occupations. 

6 ‘‘(B) DUTIES.— 

7 ‘‘(i) IN GENERAL.—In cooperation 

8 with the Administrator of the Federal Tran9 sit Administration, public transportation 

10 authorities, and national entities, the Cen11 ter shall develop and conduct training and 

12 educational programs for frontline local 

13 transportation employees of recipients eligi14 ble for funds under this chapter. 

15 ‘‘(ii) TRAINING AND EDUCATIONAL

16 PROGRAMS.—The training and educational 

17 programs developed under clause (i) may 

18 include courses in recent developments, tech19 niques, and procedures related to— 

20 ‘‘(I) developing consensus national 

21 training standards in partnership with 

22 industry stakeholders for key frontline 

23 transit occupations with demonstrated 

24 skill gaps; 


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1 ‘‘(II) developing national systems 

2 of qualification and apprenticeship for 

3 transit maintenance and operations oc4 cupations; 

5 ‘‘(III) building local, regional, 

6 and statewide transit training part7 nerships to identify and address work8 force skill gaps and develop skills need9 ed for delivering quality transit service 

10 and supporting employee career ad11 vancement; 

12 ‘‘(IV) developing programs for 

13 training of transit frontline workers, 

14 instructors, mentors, and labor-man15 agement partnership representatives, 

16 in the form of classroom, hands-on, on17 the-job, and web-based training, deliv18 ered at a national center, regionally, 

19 or at individual transit agencies; 

20 ‘‘(V) developing training pro21 grams for skills related to existing and 

22 emerging transit technologies, includ23 ing zero emission buses; 

24 ‘‘(VI) developing improved capac25 ity for safety, security, and emergency 


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1 preparedness in local transit systems 

2 and in the industry as a whole 

3 through— 

4 ‘‘(aa) developing the role of 

5 the transit frontline workforce in 

6 building and sustaining safety 

7 culture and safety systems in the 

8 industry and in individual public 

9 transportation systems; and 

10 ‘‘(bb) training to address 

11 transit frontline worker roles in 

12 promoting health and safety for 

13 transit workers and the riding 

14 public; 

15 ‘‘(VII) developing local transit ca16 pacity for career pathways partner17 ships with schools and other commu18 nity organizations for recruiting and 

19 training under-represented populations 

20 as successful transit employees who can 

21 develop careers in the transit industry; 

22 and 

23 ‘‘(VIII) in collaboration with the 

24 Administrator of the Federal Transit 

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1 resenting public transit agencies, con2 ducting and disseminating research 

3 to— 

4 ‘‘(aa) provide transit work5 force job projections and identify 

6 training needs and gaps; 

7 ‘‘(bb) determine the most 

8 cost-effective methods for transit 

9 workforce training and develop10 ment, including return on invest11 ment analysis; 

12 ‘‘(cc) identify the most effec13 tive methods for implementing 

14 successful safety systems and a 

15 positive safety culture; and 

16 ‘‘(dd) promote transit work17 force best practices for achieving 

18 cost-effective, quality, safe, and re19 liable public transportation serv20 ices. 

21 ‘‘(C) COORDINATION.—The Secretary shall 

22 coordinate activities under this section, to the 

23 maximum extent practicable, with the National 

24 Office of Apprenticeship of the Department of 

25 Labor and the Office of Career, Technical, and 


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1 Adult Education of the Department of Edu2 cation. 

3 ‘‘(D) AVAILABILITY OF AMOUNTS.— 

4 ‘‘(i) IN GENERAL.—Not more than 1 

5 percent of amounts made available to a re6 cipient under sections 5307, 5311, 5337, 

7 and 5339 is available for expenditures by 

8 the recipient, with the approval of the Sec9 retary, to pay not more than 80 percent of 

10 the cost of eligible activities under this sub11 section. 

12 ‘‘(ii) EXISTING PROGRAMS.—A recipi13 ent may use amounts made available under 

14 clause (i) to carry out existing local edu15 cation and training programs for public 

16 transportation employees supported by the 

17 Secretary, the Department of Labor, or the 

18 Department of Education.’’; 

19 (2) in paragraph (3) by striking ‘‘or (2)’’; and 

20 (3) by striking paragraph (4). 

21 SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

22 Section 5329 of title 49, United States Code, is amend23 ed— 

24 (1) in subsection (b)(2)(C)(ii)— 


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1 (A) in subclause (I) by striking ‘‘and’’ at 

2 the end; 

3 (B) in subclause (II) by striking the semi4 colon and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(III) innovations in driver as7 sistance technologies and driver protec8 tion infrastructure where appropriate, 

9 and a reduction in visibility impair10 ments that contribute to pedestrian fa11 talities.’’; 

12 (2) in subsection (d)— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (A) by inserting 

15 ‘‘the safety committee established under 

16 paragraph (4), and subsequently,’’ before 

17 ‘‘the board of directors’’; 

18 (ii) in subparagraph (C) by striking 

19 ‘‘public, personnel, and property’’ and in20 serting ‘‘public and personnel to injuries, 

21 assaults, and fatalities, and strategies to 

22 minimize the exposure of property’’; 

23 (iii) by striking subparagraph (G) and 

24 inserting the following: 


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1 ‘‘(G) a comprehensive staff training pro2 gram for the operations and maintenance per3 sonnel and personnel directly responsible for 

4 safety of the recipient that includes— 

5 ‘‘(i) the completion of a safety training 

6 program; 

7 ‘‘(ii) continuing safety education and 

8 training; and 

9 ‘‘(iii) de-escalation training; 

10 ‘‘(H) a requirement that the safety com11 mittee only approve a safety plan under sub12 paragraph (A) if such plan stays within such re13 cipient’s fiscal budget; and 

14 ‘‘(I) a risk reduction program for transit 

15 operations to improve safety by reducing the 

16 number and rates of accidents, injuries, and as17 saults on transit workers using data submitted to 

18 the National Transit Database, including— 

19 ‘‘(i) a reduction of vehicular and pe20 destrian accidents involving buses that in21 cludes measures to reduce visibility impair22 ments for bus operators that contribute to 

23 accidents, including retrofits to buses in 

24 revenue service and specifications for future 


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1 procurements that reduce visibility impair2 ments; and 

3 ‘‘(ii) transit worker assault mitigation, 

4 including the deployment of assault mitiga5 tion infrastructure and technology on buses, 

6 including barriers to restrict the unwanted 

7 entry of individuals and objects into bus op8 erators’ workstations when a recipient’s risk 

9 analysis performed by the safety committee 

10 established in paragraph (4) determines 

11 that such barriers or other measures would 

12 reduce assaults on and injuries to transit 

13 workers; and’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(4) SAFETY COMMITTEE.—For purposes of the 

16 approval process of an agency safety plan under 

17 paragraph (1), the safety committee shall be convened 

18 by a joint labor-management process and consist of 

19 an equal number of— 

20 ‘‘(A) frontline employee representatives, se21 lected by the labor organization representing the 

22 plurality of the frontline workforce employed by 

23 the recipient or if applicable a contractor to the 

24 recipient; and 


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1 ‘‘(B) employer or State representatives.’’; 

2 and 

3 (3) in subsection (e)(4)(A)(v) by inserting ‘‘, in4 spection,’’ after ‘‘has investigative’’. 

5 SEC. 2603. INNOVATION WORKFORCE STANDARDS. 

6 (a) PROHIBITION ON USE OF FUNDS.—No financial 

7 assistance under chapter 53 of title 49, United States Code, 

8 may be used for— 

9 (1) an automated vehicle providing public trans10 portation unless— 

11 (A) the recipient of such assistance that 

12 proposes to deploy an automated vehicle pro13 viding public transportation certifies to the Sec14 retary of Transportation that the deployment 

15 does not duplicate, eliminate, or reduce the fre16 quency of existing public transportation service; 

17 and 

18 (B) the Secretary receives, approves, and 

19 publishes the workforce development plan under 

20 subsection (b) submitted by the eligible entity 

21 when required by subsection (b)(1); and 

22 (2) a mobility on demand service unless— 

23 (A) the recipient of such assistance that 

24 proposes to deploy a mobility on demand service 

25 certifies to the Secretary that the service meets 


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1 the criteria under section 5316 of title 49, 

2 United States Code; and 

3 (B) the Secretary receives, approves, and 

4 publishes the workforce development plan under 

5 subsection (b) submitted by the eligible entity 

6 when required by subsection (b)(1). 

7 (b) WORKFORCE DEVELOPMENT PLAN.— 

8 (1) IN GENERAL.—A recipient of financial as9 sistance under chapter 53 of title 49, United States 

10 Code, proposing to deploy an automated vehicle pro11 viding public transportation or mobility on demand 

12 service shall submit to the Secretary, prior to imple13 mentation of such service, a workforce development 

14 plan if such service, combined with any other auto15 mated vehicle providing public transportation or mo16 bility on demand service offered by such recipient, 

17 would exceed by more than 0.5 percent of the recipi18 ent’s total transit passenger miles traveled. 

19 (2) CONTENTS.—The workforce development plan 

20 under subsection (a) shall include the following: 

21 (A) A description of services offered by ex22 isting modes of public transportation in the area 

23 served by the recipient that could be affected by 

24 the proposed automated vehicle providing public 


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1 transportation or mobility on demand service, 

2 including jobs and functions of such jobs. 

3 (B) A forecast of the number of jobs pro4 vided by existing modes of public transportation 

5 that would be eliminated or that would be sub6 stantially changed and the number of jobs ex7 pected to be created by the proposed automated 

8 vehicle providing public transportation or mobil9 ity on demand service over a 5-year period from 

10 the date of the publication of the workforce devel11 opment plan. 

12 (C) Identified gaps in skills needed to oper13 ate and maintain the proposed automated vehi14 cle providing public transportation or mobility 

15 on demand service. 

16 (D) A comprehensive plan to transition, 

17 train, or retrain employees that could be affected 

18 by the proposed automated vehicle providing 

19 public transportation or mobility on demand 

20 service. 

21 (E) An estimated budget to transition, 

22 train, or retrain employees impacted by the pro23 posed automated vehicle providing public trans24 portation or mobility on demand service over a 


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1 5-year period from the date of the publication of 

2 the workforce development plan. 

3 (c) NOTICE REQUIRED.— 

4 (1) IN GENERAL.—A recipient of financial as5 sistance under chapter 53 of title 49, United States 

6 Code, shall issue a notice to employees who, due to the 

7 use of an automated vehicle providing public trans8 portation or mobility on demand service, may be sub9 jected to a loss of employment or a change in respon10 sibilities not later than 60 days before issuing a re11 quest for proposals to procure or contract for such a 

12 vehicle. 

13 (2) CONTENT.—The notice required in para14 graph (1) shall include the following: 

15 (A) A description of the automated vehicle 

16 providing public transportation or mobility on 

17 demand service. 

18 (B) The impact of the automated vehicle 

19 providing public transportation or mobility on 

20 demand service on employment positions, includ21 ing a description of which employment positions 

22 will be affected and whether any new positions 

23 will be created. 

24 (d) DEFINITIONS.—In this section: 


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1 (1) AUTOMATED VEHICLE.—The term ‘‘auto2 mated vehicle’’ means a motor vehicle that— 

3 (A) is capable of performing the entire task 

4 of driving (including steering, accelerating and 

5 decelerating, and reacting to external stimulus) 

6 without human intervention; and 

7 (B) is designed to be operated exclusively by 

8 a Level 4 or Level 5 automated driving system 

9 for all trips according to the recommended prac10 tice standards published on June 15, 2018, by 

11 the Society of Automotive Engineers Inter12 national (J3016l201806) or equivalent stand13 ards adopted by the Secretary with respect to 

14 automated motor vehicles. 

15 (2) MOBILITY ON DEMAND.—The term ‘‘mobility 

16 on demand’’ has the meaning given such term in sec17 tion 5316 of title 49, United States Code. 

18 (3) PUBLIC TRANSPORTATION.—The term ‘‘pub19 lic transportation’’ has the meaning given such term 

20 in section 5302 of title 49, United States Code. 

21 SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET 

22 ASIDES. 

23 Section 5329(d)(2) of title 49, United States Code, is 

24 amended to read as follows: 


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1 ‘‘(2) SAFETY COMMITTEE PERFORMANCE MEAS2 URES.— 

3 ‘‘(A) IN GENERAL.—The safety committee 

4 described in paragraph (4) shall establish per5 formance measures for the risk reduction pro6 gram in paragraph (1)(I) using a 3-year rolling 

7 average of the data submitted by the recipient to 

8 the National Transit Database. 

9 ‘‘(B) SAFETY SET ASIDE.—With respect to a 

10 recipient serving an urbanized area that receives 

11 funds under section 5307, such recipient shall al12 locate not less than 0.75 percent of such funds to 

13 projects eligible under 5307. 

14 ‘‘(C) FAILURE TO MEET PERFORMANCE

15 MEASURES.—Any recipient that receives funds 

16 under section 5307 that does not meet the per17 formance measures established in subparagraph 

18 (A) shall allocate the amount made available in 

19 subparagraph (B) in the following fiscal year to 

20 projects described in subparagraph (D). 

21 ‘‘(D) ELIGIBLE PROJECTS.—Funds set aside 

22 under this paragraph shall be used for projects 

23 that are reasonably likely to meet the perform24 ance measures established in subparagraph (A), 


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1 including modifications to rolling stock and de2 escalation training.’’. 

3 SEC. 2605. U.S. EMPLOYMENT PLAN. 

4 (a) IN GENERAL.—Chapter 53 of title 49, United 

5 States Code, is amended by adding at the end the following: 

6 ‘‘§ 5341. U.S. Employment Plan 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) COMMITMENT TO HIGH-QUALITY CAREER

9 AND BUSINESS OPPORTUNITIES.—The term ‘commit10 ment to high-quality career and business opportuni11 ties’ means participation in a registered apprentice12 ship program. 

13 ‘‘(2) COVERED INFRASTRUCTURE PROGRAM.— 

14 The term ‘covered infrastructure program’ means any 

15 activity under program or project under this chapter 

16 for the purchase or acquisition of rolling stock. 

17 ‘‘(3) U.S. EMPLOYMENT PLAN.—The term ‘U.S. 

18 Employment Plan’ means a plan under which an en19 tity receiving Federal assistance for a project under 

20 a covered infrastructure program shall— 

21 ‘‘(A) include in a request for proposal an 

22 encouragement for bidders to include, with re23 spect to the project— 

24 ‘‘(i) high-quality wage, benefit, and 

25 training commitments by the bidder and the 


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1 supply chain of the bidder for the project; 

2 and 

3 ‘‘(ii) a commitment to recruit and hire 

4 individuals described in subsection (e) if the 

5 project results in the hiring of employees 

6 not currently or previously employed by the 

7 bidder and the supply chain of the bidder 

8 for the project; 

9 ‘‘(B) give preference for the award of the 

10 contract to a bidder that includes the commit11 ments described in clauses (i) and (ii) of sub12 paragraph (A); and 

13 ‘‘(C) ensure that each bidder that includes 

14 the commitments described in clauses (i) and (ii) 

15 of subparagraph (A) that is awarded a contract 

16 complies with those commitments. 

17 ‘‘(4) REGISTERED APPRENTICESHIP PROGRAM.— 

18 The term ‘registered apprenticeship program’ means 

19 an apprenticeship program registered with the De20 partment of Labor or a Federally-recognized State 

21 Apprenticeship Agency and that complies with the re22 quirements under parts 29 and 30 of title 29, Code 

23 of Federal Regulations, as in effect on January 1, 

24 2019. 


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1 ‘‘(b) BEST-VALUE FRAMEWORK.—To the maximum ex2 tent practicable, a recipient of assistance under a covered 

3 infrastructure program is encouraged— 

4 ‘‘(1) to ensure that each dollar invested in infra5 structure uses a best-value contracting framework to 

6 maximize the local value of federally funded contracts 

7 by evaluating bids on price and other technical cri8 teria prioritized in the bid, such as— 

9 ‘‘(A) equity; 

10 ‘‘(B) environmental and climate justice; 

11 ‘‘(C) impact on greenhouse gas emissions; 

12 ‘‘(D) resilience; 

13 ‘‘(E) the results of a 40-year life-cycle anal14 ysis; 

15 ‘‘(F) safety; 

16 ‘‘(G) commitment to creating or sustaining 

17 high-quality job opportunities affiliated with 

18 registered apprenticeship programs (as defined 

19 in subsection (a)(3)) for disadvantaged or under20 represented individuals in infrastructure indus21 tries in the United States; and 

22 ‘‘(H) access to jobs and essential services by 

23 all modes of travel for all users, including dis24 abled individuals; and 


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1 ‘‘(2) to ensure community engagement, trans2 parency, and accountability in carrying out each 

3 stage of the project. 

4 ‘‘(c) PREFERENCE FOR REGISTERED APPRENTICESHIP

5 PROGRAMS.—To the maximum extent practicable, a recipi6 ent of assistance under a covered infrastructure program, 

7 with respect to the project for which the assistance is re8 ceived, shall give preference to a bidder that demonstrates 

9 a commitment to high-quality job opportunities affiliated 

10 with registered apprenticeship programs. 

11 ‘‘(d) USE OF U.S. EMPLOYMENT PLAN.—Notwith12 standing any other provision of law, in carrying out a 

13 project under a covered infrastructure program, each entity 

14 that receives Federal assistance shall use a U.S. Employ15 ment Plan for each contract of $10,000,000 or more for the 

16 purchase of manufactured goods or of services, based on an 

17 independent cost estimate. 

18 ‘‘(e) PRIORITY.—The head of the relevant Federal 

19 agency shall ensure that the entity carrying out a project 

20 under the covered infrastructure program gives priority 

21 to— 

22 ‘‘(1) individuals with a barrier to employment 

23 (as defined in section 3 of the Workforce Innovation 

24 and Opportunity Act (29 U.S.C. 3102)), including 

25 ex-offenders and disabled individuals; 


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1 ‘‘(2) veterans; and 

2 ‘‘(3) individuals that represent populations that 

3 are traditionally underrepresented in the infrastruc4 ture workforce, such as women and racial and ethnic 

5 minorities. 

6 ‘‘(f) REPORT.—Not less frequently than once each fis7 cal year, the heads of the relevant Federal agencies shall 

8 jointly submit to Congress a report describing the imple9 mentation of this section. 

10 ‘‘(g) INTENT OF CONGRESS.— 

11 ‘‘(1) IN GENERAL.—It is the intent of Congress— 

12 ‘‘(A) to encourage recipients of Federal as13 sistance under covered infrastructure programs 

14 to use a best-value contracting framework de15 scribed in subsection (b) for the purchase of 

16 goods and services; 

17 ‘‘(B) to encourage recipients of Federal as18 sistance under covered infrastructure programs 

19 to use preferences for registered apprenticeship 

20 programs as described in subsection (c) when 

21 evaluating bids for projects using that assistance; 

22 ‘‘(C) to require that recipients of Federal 

23 assistance under covered infrastructure programs 

24 use the U.S. Employment Plan in carrying out 


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1 the project for which the assistance was provided; 

2 and 

3 ‘‘(D) that full and open competition under 

4 covered infrastructure programs means a proce5 dural competition that prevents corruption, fa6 voritism, and unfair treatment by recipient 

7 agencies. 

8 ‘‘(2) INCLUSION.—A best-value contracting 

9 framework described in subsection (b) is a framework 

10 that authorizes a recipient of Federal assistance 

11 under a covered infrastructure program, in awarding 

12 contracts, to evaluate a range of factors, including 

13 price, the quality of products, the quality of services, 

14 and commitments to the creation of good jobs for all 

15 people in the United States. 

16 ‘‘(h) AWARD BASIS.— 

17 ‘‘(1) PRIORITY FOR TARGETED HIRING OR U.S. 

18 EMPLOYMENT PLAN PROJECTS.—In awarding grants 

19 under this section, the Secretary shall give priority to 

20 eligible entities that— 

21 ‘‘(A) ensure that not less than 50 percent of 

22 the workers hired to participate in the job train23 ing program are hired through local hiring in 

24 accordance with subsection (e), including by 

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1 ployment (including ex-offenders), disabled indi2 viduals (meaning an individual with a dis3 ability (as defined in section 3 of the Americans 

4 with Disabilities Act of 1990 (42 U.S.C. 12102)), 

5 veterans, and individuals that represent popu6 lations that are traditionally underrepresented 

7 in the infrastructure workforce; or 

8 ‘‘(B) ensure the commitments described in 

9 clauses (i) and (ii) of subsection (a)(2)(A) with 

10 respect to carrying out the job training pro11 gram.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chapter 

13 53 of title 49, United States Code, is amended by adding 

14 at the end the following: 

‘‘5341. U.S. Employment Plan.’’. 

15 SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DE16 VELOPMENT. 

17 (a) IN GENERAL.—Section 5314(a) of title 49, Unites 

18 States Code, is amended— 

19 (1) in paragraph (2)— 

20 (A) in subparagraph (H) by striking ‘‘and’’ 

21 at the end; 

22 (B) by redesignating subparagraph (I) as 

23 subparagraph (J); and 

24 (C) by inserting after subparagraph (H) the 

25 following: 


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1 ‘‘(I) provide innovation and capacity-build2 ing to rural and tribal public transportation re3 cipients but that not to duplicate the activities 

4 of sections 5311(b) or 5312; and’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(4) AVAILABILITY OF AMOUNTS.—Of the 

7 amounts made available to carry out this section 

8 under section 5338(c), $1,500,000 shall be available to 

9 carry out activities described in paragraph (2)(I).’’. 

10 (b) AVAILABILITY OF AMOUNTS.— Section 

11 5314(c)(4)(A) of title 49, United States Code, is amended 

12 by inserting ‘‘5311,’’ after ‘‘5307,’’. 

13 Subtitle G—Transit-Supportive 

14 Communities 

15 SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES. 

16 (a) IN GENERAL.—Chapter 53 of title 49, United 

17 States Code, is amended by inserting after section 5327 the 

18 following: 

19 ‘‘§ 5328. Transit-supportive communities 

20 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

21 within the Federal Transit Administration, an Office of 

22 Transit-Supportive Communities to make grants, provide 

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1 istration, the Department of Transportation, and across the 

2 Federal Government. 

3 ‘‘(b) TRANSIT ORIENTED DEVELOPMENT PLANNING

4 GRANT PROGRAM.— 

5 ‘‘(1) DEFINITION.—In this subsection the term 

6 ‘eligible project’ means— 

7 ‘‘(A) a new fixed guideway capital project 

8 or a core capacity improvement project as de9 fined in section 5309; 

10 ‘‘(B) an existing fixed guideway system, or 

11 an existing station that is served by a fixed 

12 guideway system; or 

13 ‘‘(C) the immediate corridor along the high14 est 25 percent of routes by ridership as dem15 onstrated in section 5336(b)(2)(B). 

16 ‘‘(2) GENERAL AUTHORITY.—The Secretary may 

17 make grants under this subsection to a State , local 

18 governmental authority, or metropolitan planning or19 ganization to assist in financing comprehensive plan20 ning associated with an eligible project that seeks 

21 to— 

22 ‘‘(A) enhance economic development, rider23 ship, and other goals established during the 

24 project development and engineering processes or 

25 the grant application; 


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1 ‘‘(B) facilitate multimodal connectivity and 

2 accessibility; 

3 ‘‘(C) increase access to transit hubs for pe4 destrian and bicycle traffic; 

5 ‘‘(D) enable mixed-use development; 

6 ‘‘(E) identify infrastructure needs associ7 ated with the eligible project; and 

8 ‘‘(F) include private sector participation. 

9 ‘‘(3) ELIGIBILITY.—A State , local governmental 

10 authority, or metropolitan planning organization 

11 that desires to participate in the program under this 

12 subsection shall submit to the Secretary an applica13 tion that contains at a minimum— 

14 ‘‘(A) an identification of an eligible project; 

15 ‘‘(B) a schedule and process for the develop16 ment of a comprehensive plan; 

17 ‘‘(C) a description of how the eligible project 

18 and the proposed comprehensive plan advance 

19 the metropolitan transportation plan of the met20 ropolitan planning organization; 

21 ‘‘(D) proposed performance criteria for the 

22 development and implementation of the com23 prehensive plan; 

24 ‘‘(E) a description of how the project will 

25 reduce and mitigate social and economic impacts 


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1 on existing residents and businesses vulnerable to 

2 displacement; and 

3 ‘‘(F) identification of— 

4 ‘‘(i) partners; 

5 ‘‘(ii) availability of and authority for 

6 funding; and 

7 ‘‘(iii) potential State, local or other 

8 impediments to the implementation of the 

9 comprehensive plan. 

10 ‘‘(4) COST SHARE.—A grant under this sub11 section shall not exceed an amount in excess of 80 

12 percent of total project costs, except that a grant that 

13 includes an affordable housing component shall not 

14 exceed an amount in excess of 90 percent of total 

15 project costs. 

16 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

17 provide technical assistance to States, local governmental 

18 authorities, and metropolitan planning organizations in 

19 the planning and development of transit-oriented develop20 ment projects and transit supportive corridor policies, in21 cluding— 

22 ‘‘(1) the siting, planning, financing, and inte23 gration of transit-oriented development projects; 

24 ‘‘(2) the integration of transit-oriented develop25 ment and transit-supportive corridor policies in the 


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1 preparation for and development of an application 

2 for funding under section 602 of title 23; 

3 ‘‘(3) the siting, planning, financing, and inte4 gration of transit-oriented development and transit 

5 supportive corridor policies associated with projects 

6 under section 5309; 

7 ‘‘(4) the development of housing feasibility as8 sessments as allowed under section 5309(g)(3)(B); 

9 ‘‘(5) the development of transit-supportive cor10 ridor policies that promote transit ridership and 

11 transit-oriented development; 

12 ‘‘(6) the development, implementation, and man13 agement of land value capture programs; and 

14 ‘‘(7) the development of model contracts, model 

15 codes, and best practices for the implementation of 

16 transit-oriented development projects and transit-sup17 portive corridor policies. 

18 ‘‘(d) VALUE CAPTURE POLICY REQUIREMENTS.— 

19 ‘‘(1) VALUE CAPTURE POLICY.—Not later than 

20 October 1 of the fiscal year that begins 2 years after 

21 the date of enactment of this section, the Secretary, in 

22 collaboration with State departments of transpor23 tation, metropolitan planning organizations, and re24 gional council of governments, shall establish vol25 untary and consensus-based value capture standards, 


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1 policies, and best practices for State and local value 

2 capture mechanisms that promote greater investments 

3 in public transportation and affordable transit-ori4 ented development. 

5 ‘‘(2) REPORT.—Not later than 15 months after 

6 the date of enactment of this section, the Secretary 

7 shall make available to the public a report cataloging 

8 examples of State and local laws and policies that 

9 provide for value capture and value sharing that pro10 mote greater investment in public transportation and 

11 affordable transit-oriented development. 

12 ‘‘(d) EQUITY.—In providing technical assistance 

13 under subsection (c), the Secretary shall incorporate strate14 gies to promote equity for underrepresented and under15 served communities, including— 

16 ‘‘(1) preventing displacement of existing resi17 dents and businesses; 

18 ‘‘(2) mitigating rent and housing price increases; 

19 ‘‘(3) incorporating affordable rental and owner20 ship housing in transit-oriented development; 

21 ‘‘(4) engaging under-served, limited English pro22 ficiency, low income, and minority communities in 

23 the planning process; 

24 ‘‘(5) fostering economic development opportuni25 ties for existing residents and businesses; and 


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1 ‘‘(6) targeting affordable housing that help lessen 

2 homelessness. 

3 ‘‘(d) AUTHORITY TO REQUEST STAFFING ASSIST4 ANCE.—In fulfilling the duties of this section, the Secretary 

5 shall, as needed, request staffing and technical assistance 

6 from other Federal agencies, programs, administrations, 

7 boards, or commissions. 

8 ‘‘(e) REVIEW EXISTING POLICIES AND PROGRAMS.— 

9 Not later than 24 months after the date of enactment of 

10 this section, the Secretary shall review and evaluate all ex11 isting policies and programs within the Federal Transit 

12 Administration that support or promote transit-oriented 

13 development to ensure their coordination and effectiveness 

14 relative to the goals of this section. 

15 ‘‘(f) REPORTING.—Not later than February 1 of each 

16 year beginning the year after the date of enactment of this 

17 section, the Secretary shall prepare a report detailing the 

18 grants and technical assistance provided under this section, 

19 the number of affordable housing units constructed or 

20 planned as a result of projects funded in this section, and 

21 the number of affordable housing units constructed or 

22 planned as a result of a property transfer under section 

23 5334(h)(1). The report shall be provided to the Committee 

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1 resentatives and the Committee on Banking, Housing, and 

2 Urban Affairs of the Senate. 

3 ‘‘(g) SAVINGS CLAUSE.—Nothing in this section au4 thorizes the Secretary to provide any financial assistance 

5 for the construction of housing.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chapter 

7 53 of title 49, United States Code, is amended by inserting 

8 after the item relating to section 5327 the following: 

‘‘5328. Transit-supportive communities.’’. 

9 (c) TECHNICAL AND CONFORMING AMENDMENT.—Sec10 tion 20005 of the MAP–21 (Public Law 112–141) is amend11 ed— 

12 (1) by striking ‘‘(a) AMENDMENT.—’’; and 

13 (2) by striking subsection (b). 

14 SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE 

15 HOUSING. 

16 Section 5334(h)(1) of title 49, United States Code, is 

17 amended to read as follows: 

18 ‘‘(1) IN GENERAL.—If a recipient of assistance 

19 under this chapter decides an asset acquired under 

20 this chapter at least in part with that assistance is 

21 no longer needed for the purpose for which such asset 

22 was acquired, the Secretary may authorize the recipi23 ent to transfer such asset to— 

24 ‘‘(A) a local governmental authority to be 

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1 tion to the Government if the Secretary de2 cides— 

3 ‘‘(i) the asset will remain in public use 

4 for at least 5 years after the date the asset 

5 is transferred; 

6 ‘‘(ii) there is no purpose eligible for as7 sistance under this chapter for which the 

8 asset should be used; 

9 ‘‘(iii) the overall benefit of allowing the 

10 transfer is greater than the interest of the 

11 Government in liquidation and return of 

12 the financial interest of the Government in 

13 the asset, after considering fair market 

14 value and other factors; and 

15 ‘‘(iv) through an appropriate screening 

16 or survey process, that there is no interest 

17 in acquiring the asset for Government use if 

18 the asset is a facility or land; or 

19 ‘‘(B) a local governmental authority, non20 profit organization, or other third party entity 

21 to be used for the purpose of transit-oriented de22 velopment with no further obligation to the Gov23 ernment if the Secretary decides— 


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1 ‘‘(i) the asset is a necessary component 

2 of a proposed transit-oriented development 

3 project; 

4 ‘‘(ii) the transit-oriented development 

5 project will increase transit ridership; 

6 ‘‘(iii) at least 40 percent of the housing 

7 units offered in the transit-oriented develop8 ment , including housing units owned by 

9 nongovernmental entities, are legally bind10 ing affordability restricted to tenants with 

11 incomes at or below 60 percent of the area 

12 median income and/or owners with incomes 

13 at or below 60 percent the area median in14 come; 

15 ‘‘(iv) the asset will remain in use as 

16 described in this section for at least 30 

17 years after the date the asset is transferred; 

18 and 

19 ‘‘(v) with respect to a transfer to a 

20 third party entity— 

21 ‘‘(I) a local government authority 

22 or nonprofit organization is unable to 

23 receive the property; and 

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1 terest of the Government in liquidation 

2 and return of the financial interest of 

3 the Government in the asset, after con4 sidering fair market value and other 

5 factors. 

6 ‘‘(III) the third party has dem7 onstrated a satisfactory history of con8 struction or operating an affordable 

9 housing development.’’. 

10 SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL 

11 INVESTMENT GRANTS. 

12 Section 5309 of title 49, United States Code, is amend13 ed— 

14 (1) in subsection (g)— 

15 (A) in paragraph (2)(B)— 

16 (i) in clause (i) by striking ‘‘; and’’ 

17 and inserting a semicolon; 

18 (ii) in clause (ii) by striking the pe19 riod and inserting ‘‘; and’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(iii) in the case of a new fixed guide23 way capital project or a core capacity im24 provement project, allow a weighting five 

25 points greater to the economic development 


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1 subfactor and five points lesser to the lowest 

2 scoring subfactor if the applicant dem3 onstrates substantial efforts to preserve or 

4 encourage affordable housing near the 

5 project by providing documentation of poli6 cies that allow by-right multi-family hous7 ing, single room occupancy units, or acces8 sory dwelling units, providing local capital 

9 sources for transit-oriented development, or 

10 demonstrate other methods as determined by 

11 the Secretary.’’; and 

12 (B) in paragraph (3), as amended by this 

13 Act, by adding at the end the following: 

14 ‘‘(B) establish a warrant that applies to the 

15 economic development project justification cri16 teria, provided that the applicant that requests a 

17 warrant under this process has completed and 

18 submitted a housing feasibility assessment.’’; and 

19 (2) in subsection (l)(4)— 

20 (A) in subparagraph (B) by striking ‘‘; or’’ 

21 and inserting a semicolon; 

22 (B) in subparagraph (C) by striking the pe23 riod and inserting ‘‘; or’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(D) from grant proceeds distributed under 

2 section 103 of the Housing and Community De3 velopment Act of 1974 (42 U.S.C. 5303) or sec4 tion 201 of the Public Works and Economic De5 velopment Act of 1965 (42 U.S.C. 3141) provided 

6 that— 

7 ‘‘(i) such funds are used in conjunction 

8 with the planning or development of afford9 able housing; and 

10 ‘‘(ii) such affordable housing is located 

11 within one-half of a mile of a new station.’’. 

12 Subtitle H—Innovation 

13 SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM. 

14 Section 5312(d) of title 49, United States Code, is 

15 amended by adding at the end the following: 

16 ‘‘(3) MOBILITY INNOVATION SANDBOX PRO17 GRAM.—The Secretary may make funding available 

18 under this subsection to carry out research on mobil19 ity on demand and mobility as a service activities el20 igible under section 5316.’’. 

21 SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDE22 SIGN PROGRAM. 

23 Section 5312(d) of title 49, United States Code, is fur24 ther amended by adding at the end the following: 


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1 ‘‘(4) TRANSIT BUS OPERATOR COMPARTMENT RE2 DESIGN PROGRAM.— 

3 ‘‘(A) IN GENERAL.—The Secretary may 

4 make funding available under this subsection to 

5 carry out research on redesigning transit bus op6 erator compartments to improve safety, oper7 ational efficiency, and passenger accessibility. 

8 ‘‘(B) OBJECTIVES.—Research objectives 

9 under this paragraph shall include— 

10 ‘‘(i) increasing bus operator safety 

11 from assaults; 

12 ‘‘(ii) optimizing operator visibility and 

13 reducing operator distractions to improve 

14 safety of bus passengers, pedestrians, 

15 bicyclists, and other roadway users; 

16 ‘‘(iii) expanding passenger accessibility 

17 for positive interactions between operators 

18 and passengers, including assisting pas19 sengers in need of special assistance; 

20 ‘‘(iv) accommodating compliance for 

21 passenger boarding, alighting, and secure22 ment with the Americans with Disabilities 

23 Act of 1990 (42 U.S.C. 12101 et seq.); and 

24 ‘‘(v) improving ergonomics to reduce 

25 bus operator work-related health issues and 


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1 injuries, as well as locate key instrument 

2 and control interfaces to improve oper3 ational efficiency and convenience. 

4 ‘‘(C) ACTIVITIES.—Eligible activities under 

5 this paragraph shall include— 

6 ‘‘(i) measures to reduce visibility im7 pairments and distractions for bus opera8 tors that contribute to accidents, including 

9 retrofits to buses in revenue service and 

10 specifications for future procurements that 

11 reduce visibility impairments and distrac12 tions; 

13 ‘‘(ii) the deployment of assault mitiga14 tion infrastructure and technology on buses, 

15 including barriers to restrict the unwanted 

16 entry of individuals and objects into bus op17 erators’ workstations; 

18 ‘‘(iii) technologies to improve passenger 

19 accessibility, including boarding, alighting, 

20 and securement in compliance with the 

21 Americans with Disabilities Act of 1990 (42 

22 U.S.C. 12101 et seq.); 

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1 ator workstations that reduce or prevent in2 juries from ergonomic risks; or 

3 ‘‘(v) other measures that align with the 

4 objectives under subparagraph (B). 

5 ‘‘(D) ELIGIBLE ENTITIES.—Entities eligible 

6 to receive funding under this paragraph shall in7 clude consortia consisting of, at a minimum: 

8 ‘‘(i) recipients of funds under this 

9 chapter that provide public transportation 

10 services; 

11 ‘‘(ii) transit vehicle manufacturers; 

12 ‘‘(iii) representatives from organiza13 tions engaged in collective bargaining on be14 half of transit workers in not fewer than 3 

15 States; and 

16 ‘‘(iv) any nonprofit institution of high17 er education, as defined in section 101 of 

18 the Higher Education Act of 1965 (20 

19 U.S.C. 1001).’’. 

20 SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY 

21 COUNTS INITIATIVE. 

22 Section 5312 of title 49, United States Code, as amend23 ed by section 2503, is further amended by adding at the 

24 end the following: 

25 ‘‘(k) EVERY DAY COUNTS INITIATIVE.— 


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1 ‘‘(1) IN GENERAL.—It is in the national interest 

2 for the Department of Transportation and recipients 

3 of Federal public transportation funds— 

4 ‘‘(A) to identify, accelerate, and deploy in5 novation aimed at expediting project delivery, 

6 enhancing the safety of transit systems of the 

7 United States, and protecting the environment; 

8 ‘‘(B) to ensure that the planning, design, 

9 engineering, construction, and financing of 

10 transportation projects is done in an efficient 

11 and effective manner; 

12 ‘‘(C) to promote the rapid deployment of 

13 proven solutions that provide greater account14 ability for public investments; and 

15 ‘‘(D) to create a culture of innovation with16 in the transit community. 

17 ‘‘(2) FTA EVERY DAY COUNTS INITIATIVE.—To 

18 advance the policies described in paragraph (1), the 

19 Administrator of the Federal Transit Administration 

20 shall adopt the Every Day Counts initiative to work 

21 with recipients to identify and deploy the proven in22 novation practices and products that— 

23 ‘‘(A) accelerate innovation deployment; 

24 ‘‘(B) expedite the project delivery process; 

25 ‘‘(C) improve environmental sustainability; 


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1 ‘‘(D) enhance transit safety; 

2 ‘‘(E) expand mobility; and 

3 ‘‘(F) reduce greenhouse gas emissions. 

4 ‘‘(3) CONSIDERATION.—In accordance with the 

5 Every Day Counts goals described in paragraphs (1) 

6 and (2), the Administrator shall consider research 

7 conducted through the university transportation cen8 ters program in section 5505. 

9 ‘‘(4) INNOVATION DEPLOYMENT.— 

10 ‘‘(A) IN GENERAL.—At least every 2 years, 

11 the Administrator shall work collaboratively 

12 with recipients to identify a new collection of in13 novations, best practices, and data to be deployed 

14 to recipients through case studies, webinars, and 

15 demonstration projects. 

16 ‘‘(B) REQUIREMENTS.—In identifying a 

17 collection described in subparagraph (A), the 

18 Secretary shall take into account market readi19 ness, impacts, benefits, and ease of adoption of 

20 the innovation or practice. 

21 ‘‘(5) PUBLICATION.—Each collection identified 

22 under paragraph (4) shall be published by the Ad23 ministrator on a publicly available website.’’. 


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1 SEC. 2804. TECHNICAL CORRECTIONS. 

2 Section 5312 of title 49, United States Code, as amend3 ed in section 2503 and 2803, is further amended— 

4 (1) in subsection (e)— 

5 (A) in paragraph (3)(C) by striking ‘‘low or 

6 no emission vehicles, zero emission vehicles,’’ and 

7 inserting ‘‘zero emission vehicles’’; and 

8 (B) by striking paragraph (6) and inserting 

9 the following: 

10 ‘‘(6) ZERO EMISSION VEHICLE DEFINED.—In 

11 this subsection, the term ‘zero emission vehicle’ means 

12 a passenger vehicle used to provide public transpor13 tation that produces no carbon or particulate mat14 ter.’’; 

15 (2) by redesignating the first subsection (g) as 

16 subsection (f); and 

17 (3) in subsection (h)— 

18 (A) in the header by striking ‘‘LOW OR NO

19 EMISSION’’ and inserting ‘‘ZERO EMISSION’’; 

20 (B) in paragraph (1)— 

21 (i) by striking subparagraph (B) and 

22 inserting the following: 

23 ‘‘(B) the term ‘zero emission vehicle’ has the 

24 meaning given such term in subsection (e)(6);’’; 

25 and 


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1 (ii) in subparagraph (D) by striking 

2 ‘‘low or no emission vehicle’’ and inserting 

3 ‘‘zero emission vehicle’’ each place such term 

4 appears; 

5 (C) in paragraph (2)— 

6 (i) in the heading by striking ‘‘LOW OR

7 NO EMISSION’’ and inserting ‘‘ZERO EMIS8 SION’’; and 

9 (ii) by striking ‘‘low or no emission’’ 

10 and inserting ‘‘zero emission’’ each place 

11 such term appears; 

12 (D) in paragraph (3) by striking ‘‘low or 

13 no emission’’ and inserting ‘‘zero emission’’ each 

14 place such term appears; and 

15 (E) in paragraph (5)(A) by striking ‘‘low 

16 or no emission’’ and inserting ‘‘zero emission’’. 

17 SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT 

18 BUS DEVELOPMENT PROGRAM. 

19 (a) ESTABLISHMENT.—The Secretary shall establish a 

20 national advanced technology transit bus development pro21 gram to facilitate the development and testing of commer22 cially viable advanced technology transit buses that do not 

23 exceed a Level 3 automated driving system and related in24 frastructure. 


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1 (b) AUTHORIZATION.—There shall be available 

2 $20,000,000 for each of fiscal years 2021 through 2025. 

3 (c) GRANTS.—The Secretary may enter into grants, 

4 contracts, and cooperative agreements with no more than 

5 3 geographically diverse nonprofit organizations and re6 cipients under chapter 53 of title 49, United States Code, 

7 to facilitate the development and testing of commercially 

8 viable advance technology transit buses and related infra9 structure. 

10 (d) CONSIDERATIONS.—The Secretary shall consider 

11 the applicant’s— 

12 (1) ability to contribute significantly to fur13 thering advanced technologies as it relates to transit 

14 bus operations, including advanced driver assistance 

15 systems, automatic emergency braking, accessibility, 

16 and energy efficiency; 

17 (2) financing plan and cost share potential; 

18 (3) technical experience developing or testing ad19 vanced technologies in transit buses; 

20 (4) commitment to frontline worker involvement; 

21 and 

22 (5) other criteria that the Secretary determines 

23 are necessary to carry out the program. 

24 The Secretary shall not consider applicants working on au25 tonomous vehicles. 


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1 (e) COMPETITIVE GRANT SELECTION.—The Secretary 

2 shall conduct a national solicitation for applications for 

3 grants under the program. Grant recipients shall be selected 

4 on a competitive basis. The Secretary shall give priority 

5 consideration to applicants that have successfully managed 

6 advanced transportation technology projects, including 

7 projects related to public transportation operations for a 

8 period of not less than 5 years. 

9 (f) CONSORTIA.—As a condition of receiving an award 

10 in (c), the Secretary shall ensure— 

11 (1) that the selected non-profit recipients subse12 quently establish a consortia for each proposal sub13 mitted, including representatives from a labor union, 

14 transit agency, an FTA-designated university bus 

15 and component testing center, a Buy America compli16 ant transit bus manufacturer, and others as deter17 mined by the Secretary; 

18 (2) that no proposal selected would decrease 

19 workplace or passenger safety; and 

20 (3) that no proposal selected would undermine 

21 the creation of high-quality jobs or workforce support 

22 and development programs. 

23 (g) FEDERAL SHARE.—The Federal share of costs of 

24 the program shall be provided from funds made available 

25 to carry out this section. The Federal share of the cost of 


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1 a project carried out under the program shall not exceed 

2 80 percent of such cost. 

3 Subtitle I—Other Program 

4 Reauthorizations 

5 SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVEN6 TIVE MAINTENANCE PROJECTS FOR WASH7 INGTON METROPOLITAN AREA TRANSIT AU8 THORITY. 

9 Section 601 of the Passenger Rail Investment and Im10 provement Act of 2008 (Public Law 110–432) is amended— 

11 (1) in subsection (b) by striking ‘‘The Federal’’ 

12 and inserting ‘‘Except as provided in subsection 

13 (f)(2), the Federal’’; 

14 (2) by striking subsections (d) through (f) and 

15 inserting the following: 

16 ‘‘(d) REQUIRED BOARD APPROVAL.—No amounts may 

17 be provided to the Transit Authority under this section 

18 until the Transit Authority certifies to the Secretary of 

19 Transportation that— 

20 ‘‘(1) a board resolution has passed on or before 

21 July 1, 2021, and is in effect for the period of July 

22 1, 2022 through June 30, 2031, that— 

23 ‘‘(A) establishes an independent budget au24 thority for the Office of Inspector General of the 

25 Transit Authority; 


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1 ‘‘(B) establishes an independent procure2 ment authority for the Office of Inspector Gen3 eral of the Transit Authority; 

4 ‘‘(C) establishes an independent hiring au5 thority for the Office of Inspector General of the 

6 Transit Authority; 

7 ‘‘(D) ensures the Inspector General of the 

8 Transit Authority can obtain legal advice from 

9 a counsel reporting directly to the Inspector Gen10 eral; 

11 ‘‘(E) requires the Inspector General of the 

12 Transit Authority to submit recommendations 

13 for corrective action to the General Manager and 

14 the Board of Directors of the Transit Authority; 

15 ‘‘(F) requires the Inspector General of the 

16 Transit Authority to publish any recommenda17 tion described in subparagraph (E) on the 

18 website of the Office of Inspector General of the 

19 Transit Authority, except that the Inspector Gen20 eral may redact personally identifiable informa21 tion and information that, in the determination 

22 of the Inspector General, would pose a security 

23 risk to the systems of the Transit Authority; 

24 ‘‘(G) requires the Board of Directors of the 

25 Transit Authority to provide written notice to 


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1 the Committee on Transportation and Infra2 structure of the House of Representatives and the 

3 Committee on Banking, Housing, and Urban Af4 fairs of the Senate not less than 30 days before 

5 the Board of Directors removes the Inspector 

6 General of the Transit Authority, which shall in7 clude the reasons for removal and supporting 

8 documentation; and 

9 ‘‘(H) prohibits the Board of Directors from 

10 removing the Inspector General of the Transit 

11 Authority unless the Board of Directors has pro12 vided a 30 day written notification as described 

13 in subparagraph (G) that documents— 

14 ‘‘(i) a permanent incapacity; 

15 ‘‘(ii) a neglect of duty; 

16 ‘‘(iii) malfeasance; 

17 ‘‘(iv) a conviction of a felony or con18 duct involving moral turpitude; 

19 ‘‘(v) a knowing violation of a law or 

20 regulation; 

21 ‘‘(vi) gross mismanagement; 

22 ‘‘(vii) a gross waste of funds; 

23 ‘‘(viii) an abuse of authority; or 

24 ‘‘(ix) inefficiency; and 


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1 ‘‘(2) the Code of Ethics for Members of the 

2 WMATA Board of Directors passed on September 26, 

3 2019, remains in effect, or the Inspector General of 

4 the Transit Authority has concurred with any modi5 fications to the Code of Ethics by the Board. 

6 ‘‘(e) AUTHORIZATIONS.— 

7 ‘‘(1) IN GENERAL.—There are authorized to be 

8 appropriated to the Secretary of Transportation for 

9 grants under this section— 

10 ‘‘(A) for fiscal year 2021, $150,000,000; 

11 ‘‘(B) for fiscal year 2022, $155,000,000; 

12 ‘‘(C) for fiscal year 2023, $160,000,000; 

13 ‘‘(D) for fiscal year 2024, $165,000,000; 

14 ‘‘(E) for fiscal year 2025, $170,000,000; 

15 ‘‘(F) for fiscal year 2026, $175,000,000; 

16 ‘‘(G) for fiscal year 2027, $180,000,000; 

17 ‘‘(H) for fiscal year 2028, $185,000,000; 

18 ‘‘(I) for fiscal year 2029, $190,000,000; and 

19 ‘‘(J) for fiscal year 2030, $200,000,000. 

20 ‘‘(2) SET ASIDE FOR OFFICE OF INSPECTOR GEN21 ERAL OF TRANSIT AUTHORITY.—From the amounts in 

22 paragraph (1), the Transit Authority shall provide at 

23 least 7 percent for each fiscal year to the Office of In24 spector General of the Transit Authority to carry out 

25 independent and objective audits, investigations, and 


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1 reviews of Transit Authority programs and oper2 ations to promote economy, efficiency, and effective3 ness, and to prevent and detect fraud, waste, and 

4 abuse in such programs and operations.’’; and 

5 (3) by redesignating subsection (g) as subsection 

6 (f). 

7 SEC. 2902. OTHER APPORTIONMENTS. 

8 Section 5336 of title 49, United States Code, is amend9 ed— 

10 (1) in subsection (h)— 

11 (A) in the matter preceding paragraph (1) 

12 by striking ‘‘section 5336(a)(2)(C)’’ and insert13 ing ‘‘section 5336(a)(2)(B)’’; 

14 (B) by amending paragraph (1) to read as 

15 follows: 

16 ‘‘(1) to carry out section 5307(h)— 

17 ‘‘(A) $60,906,000 shall be set aside in fiscal 

18 year 2022; 

19 ‘‘(B) $61,856,134 shall be set aside in fiscal 

20 year 2023; 

21 ‘‘(C) $62,845,832 shall be set aside in fiscal 

22 year 2024; and 

23 ‘‘(D) $63,832,511 shall be set aside in fiscal 

24 year 2025;’’; 


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1 (C) in paragraph (2) by striking ‘‘3.07 per2 cent’’ and inserting ‘‘6 percent’’; and 

3 (D) by amending paragraph (3) to read as 

4 follows: 

5 ‘‘(3) of amounts not apportioned under para6 graphs (1) and (2), 3 percent shall be apportioned to 

7 urbanized areas with populations of less than 200,000 

8 in accordance with subsection (i);’’; and 

9 (2) in subsection (i) by adding at the end the fol10 lowing: 

11 ‘‘(3) CENSUS PHASE-OUT.—Before apportioning 

12 funds under subsection (h)(3), for any urbanized area 

13 that is no longer an eligible area due to a change in 

14 population in the most recent decennial census, the 

15 Secretary shall apportion to such urbanized area, for 

16 3 fiscal years, an amount equal to half of the funds 

17 apportioned to such urbanized area pursuant to this 

18 subsection for the previous fiscal year.’’. 

19 Subtitle J—Streamlining 

20 SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT 

21 GRANTS. 

22 Section 5309 of title 49, United States Code, as amend23 ed by section 2703 of this Act, is further amended— 

24 (1) in subsection (a)— 

25 (A) by striking paragraph (6); 


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1 (B) by redesignating paragraph (7) as 

2 paragraph (6); and 

3 (C) in paragraph (6), as so redesignated; 

4 (i) in subparagraph (A) by striking 

5 ‘‘$100,000,000’’ and inserting 

6 ‘‘$320,000,000’’; and 

7 (ii) in subparagraph (B) by striking 

8 ‘‘$300,000,000’’ and inserting 

9 ‘‘$400,000,000’’; 

10 (2) in subsection (b)(2) by inserting ‘‘expanding 

11 station capacity,’’ after ‘‘construction of infill sta12 tions,’’; 

13 (3) in subsection (d)(1)— 

14 (A) in subparagraph (C)(i) by striking ‘‘2 

15 years’’ and inserting ‘‘3 years’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT AC18 TIVITIES.—An applicant may perform cost and 

19 schedule risk assessments with technical assist20 ance provided by the Secretary. 

21 ‘‘(E) STATUTORY CONSTRUCTION.—Nothing 

22 in this section shall be construed as authorizing 

23 the Secretary to require cost and schedule risk 

24 assessments in the project development phase.’’; 

25 (4) in subsection (e)(1)— 


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1 (A) in subparagraph (C)(i) by striking ‘‘2 

2 years’’ and inserting ‘‘3 years’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT AC5 TIVITIES.—An applicant may perform cost and 

6 schedule risk assessments with technical assist7 ance provided by the Secretary. 

8 ‘‘(E) STATUTORY CONSTRUCTION.—Nothing 

9 in this section shall be construed as authorizing 

10 the Secretary to require cost and schedule risk 

11 assessments in the project development phase.’’; 

12 (5) in subsection (e)(2)(A)(iii)(II) by striking ‘‘5 

13 years’’ and inserting ‘‘10 years’’; 

14 (6) in subsection (f)— 

15 (A) in paragraph (1) by striking ‘‘sub16 section (d)(2)(A)(v)’’ and inserting ‘‘subsection 

17 (d)(2)(A)(iv)’’; 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘subsection 

20 (d)(2)(A)(v)’’ and inserting ‘‘subsection 

21 (d)(2)(A)(iv)’’; 

22 (ii) in subparagraph (D) by adding 

23 ‘‘and’’ at the end; 

24 (iii) by striking subparagraph (E); 

25 and 


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1 (iv) by redesignating subparagraph (F) 

2 as subparagraph (E); and 

3 (C) by adding at the end the following: 

4 ‘‘(3) COST-SHARE INCENTIVES.—For a project 

5 for which a lower CIG cost share is elected by the ap6 plicant under subsection (l)(1)(C), the Secretary shall 

7 apply the following requirements and considerations 

8 in lieu of paragraphs (1) and (2): 

9 ‘‘(A) REQUIREMENTS.—In determining 

10 whether a project is supported by local financial 

11 commitment and shows evidence of stable and 

12 dependable financing sources for purposes of sub13 section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec14 retary shall require that— 

15 ‘‘(i) the proposed project plan provides 

16 for the availability of contingency amounts 

17 that the applicant determines to be reason18 able to cover unanticipated cost increases or 

19 funding shortfalls; 

20 ‘‘(ii) each proposed local source of cap21 ital and operating financing is stable, reli22 able, and available within the proposed 

23 project timetable; and 

24 ‘‘(iii) an applicant certifies that local 

25 resources are available to recapitalize, 


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1 maintain, and operate the overall existing 

2 and proposed public transportation system, 

3 including essential feeder bus and other 

4 services necessary to achieve the projected 

5 ridership levels without requiring a reduc6 tion in existing public transportation serv7 ices or level of service to operate the project. 

8 ‘‘(B) CONSIDERATIONS.—In assessing the 

9 stability, reliability, and availability of proposed 

10 sources of local financing for purposes of sub11 section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec12 retary shall consider— 

13 ‘‘(i) the reliability of the forecasting 

14 methods used to estimate costs and revenues 

15 made by the recipient and the contractors to 

16 the recipient; 

17 ‘‘(ii) existing grant commitments; 

18 ‘‘(iii) any debt obligation that exists, 

19 or is proposed by the recipient, for the pro20 posed project or other public transportation 

21 purpose; and 

22 ‘‘(iv) private contributions to the 

23 project, including cost-effective project deliv24 ery, management or transfer of project 

25 risks, expedited project schedule, financial 


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1 partnering, and other public-private part2 nership strategies.’’ 

3 (7) in subsection (g)— 

4 (A) in paragraph (2)(A) by striking ‘‘degree 

5 of local financial commitment’’ and inserting 

6 ‘‘criteria in subsection (f)’’ each place it appears; 

7 (B) in paragraph (3) by striking ‘‘The Sec8 retary shall’’ and all that follows through the end 

9 and inserting the following: ‘‘The Secretary 

10 shall— 

11 ‘‘(A) to the maximum extent practicable, de12 velop and use special warrants for making a 

13 project justification determination under sub14 section (d)(2) or (e)(2), as applicable, for a 

15 project proposed to be funded using a grant 

16 under this section if— 

17 ‘‘(i) the share of the cost of the project 

18 to be provided under this section— 

19 ‘‘(I) does not exceed $500,000,000 

20 and the total project cost does not ex21 ceed $1,000,000,000; or 

22 ‘‘(II) complies with subsection 

23 (l)(1)(C); 

24 ‘‘(ii) the applicant requests the use of 

25 the warrants; 


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1 ‘‘(iii) the applicant certifies that its 

2 existing public transportation system is in 

3 a state of good repair; and 

4 ‘‘(iv) the applicant meets any other re5 quirements that the Secretary considers ap6 propriate to carry out this subsection; and’’; 

7 (C) by striking paragraph (5) and inserting 

8 the following: 

9 ‘‘(5) POLICY GUIDANCE.—The Secretary shall 

10 issue policy guidance on the review and evaluation 

11 process and criteria not later than 180 days after the 

12 date of enactment of the INVEST in America Act.’’; 

13 (D) by striking paragraph (6) and insert14 ing the following: 

15 ‘‘(6) TRANSPARENCY.—Not later than 30 days 

16 after the Secretary receives a written request from an 

17 applicant for all remaining information necessary to 

18 obtain 1 or more of the following, the Secretary shall 

19 provide such information to the applicant: 

20 ‘‘(A) Project advancement. 

21 ‘‘(B) Medium or higher rating. 

22 ‘‘(C) Warrant. 

23 ‘‘(D) Letter of intent. 

24 ‘‘(E) Early systems work agreement.’’; and 


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1 (E) in paragraph (7) by striking ‘‘the Fed2 eral Public Transportation Act of 2012’’ and in3 serting ‘‘the INVEST in America Act’’; 

4 (8) in subsection (h)— 

5 (A) in paragraph (5) by inserting ‘‘, except 

6 that for a project for which a lower local cost 

7 share is elected under subsection (l)(1)(C), the 

8 Secretary shall enter into a grant agreement 

9 under this subsection for any such project that 

10 establishes contingency amounts that the appli11 cant determines to be reasonable to cover unan12 ticipated cost increases or funding shortfalls’’ be13 fore the period at the end; and 

14 (B) in paragraph (7)(C) by striking ‘‘10 

15 days’’ and inserting ‘‘3 days’’; 

16 (9) by striking subsection (i) and inserting the 

17 following: 

18 ‘‘(i) INTERRELATED PROJECTS.— 

19 ‘‘(1) RATINGS IMPROVEMENT.—The Secretary 

20 shall grant a rating increase of 1 level in mobility 

21 improvements to any project being rated under sub22 section (d), (e), or (h), if the Secretary certifies that 

23 the project has a qualifying interrelated project that 

24 meets the requirements of paragraph (2). 


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1 ‘‘(2) INTERRELATED PROJECT.—A qualifying 

2 interrelated project is a transit project that— 

3 ‘‘(A) is adopted into the metropolitan trans4 portation plan required under section 5303; 

5 ‘‘(B) has received a class of action designa6 tion under the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.); 

8 ‘‘(C) will likely increase ridership on the 

9 project being rated in subsection (d), (e), or (h), 

10 respectively, as determined by the Secretary; and 

11 ‘‘(D) meets 1 of the following criteria: 

12 ‘‘(i) Extends the corridor of the project 

13 being rated in subsection (d), (e), or (h), re14 spectively. 

15 ‘‘(ii) Provides a direct passenger trans16 fer to the project being rated in subsection 

17 (d), (e), or (h), respectively.’’; 

18 (10) in subsection (k)— 

19 (A) in paragraph (2)(D) by adding at the 

20 end the following: 

21 ‘‘(v) LOCAL FUNDING COMMITMENT.— 

22 For a project for which a lower CIG cost 

23 share is elected by the applicant under sub24 section (l)(1)(C), the Secretary shall enter 

25 into a full funding grant agreement that 


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1 has at least 75 percent of local financial 

2 commitment committed and the remaining 

3 percentage budgeted for the proposed pur4 poses.’’; and 

5 (B) in paragraph (5) by striking ‘‘30 days’’ 

6 and inserting ‘‘3 days’’; 

7 (11) in subsection (l)— 

8 (A) in paragraph (1) by striking subpara9 graph (B) and inserting the following: 

10 ‘‘(B) CAP.—Except as provided in subpara11 graph (C), a grant for a project under this sec12 tion shall not exceed 80 percent of the net capital 

13 project cost, except that a grant for a core capac14 ity improvement project shall not exceed 80 per15 cent of the net capital project cost of the incre16 mental cost to increase the capacity in the cor17 ridor. 

18 ‘‘(C) APPLICANT ELECTION OF LOWER

19 LOCAL CIG COST SHARE.—An applicant may 

20 elect a lower local CIG cost share for a project 

21 under this section for purposes of application of 

22 the cost-share incentives under subsection (f)(3). 

23 Such cost share shall not exceed 60 percent of the 

24 net capital project cost, except that for a grant 

25 for a core capacity improvement project such 


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1 cost share shall not exceed 60 percent of the net 

2 capital project cost of the incremental cost to in3 crease the capacity in the corridor.’’; 

4 (B) by striking paragraph (5) and inserting 

5 the following: 

6 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC7 TION.—Nothing in this section shall be construed as 

8 authorizing the Secretary to require, incentivize (in 

9 any manner not specified in this section), or place 

10 additional conditions upon a non-Federal financial 

11 commitment for a project that is more than 20 per12 cent of the net capital project cost or, for a core ca13 pacity improvement project, 20 percent of the net 

14 capital project cost of the incremental cost to increase 

15 the capacity in the corridor.’’; and 

16 (C) by striking paragraph (8) and inserting 

17 the following: 

18 ‘‘(8) CONTINGENCY SHARE.—The Secretary shall 

19 provide funding for the contingency amount equal to 

20 the proportion of the CIG cost share. If the Secretary 

21 increases the contingency amount after a project has 

22 received a letter of no prejudice or been allocated ap23 propriated funds, the federal share of the additional 

24 contingency amount shall be 25 percent higher than 

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1 dition to the grant amount set in subsection 

2 (k)(2)(C)(ii).’’; 

3 (12) in subsection (o) by adding at the end the 

4 following: 

5 ‘‘(4) CIG PROGRAM DASHBOARD.—Not later than 

6 the fifth day of each month, the Secretary shall make 

7 publicly available on a website data on, including the 

8 status of, each project under this section that is in the 

9 project development phase, in the engineering phase, 

10 or has received a grant agreement and remains under 

11 construction. Such data shall include, for each 

12 project— 

13 ‘‘(A) the amount and fiscal year of any 

14 funding appropriated, allocated, or obligated for 

15 the project; 

16 ‘‘(B) the date on which the project— 

17 ‘‘(i) entered the project development 

18 phase; 

19 ‘‘(ii) entered the engineering phase, if 

20 applicable; and 

21 ‘‘(iii) received a grant agreement, if 

22 applicable; and 

23 ‘‘(C) the status of review by the Federal 

24 Transit Administration and the Secretary, in25 cluding dates of request, dates of acceptance of 


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1 request, and dates of a decision for each of the 

2 following, if applicable: 

3 ‘‘(i) A letter of no prejudice. 

4 ‘‘(ii) An environmental impact state5 ment notice of intent. 

6 ‘‘(iii) A finding of no significant envi7 ronmental impact. 

8 ‘‘(iv) A draft environmental impact 

9 statement. 

10 ‘‘(v) A final environmental impact 

11 statement. 

12 ‘‘(vi) A record of decision on the final 

13 environmental impact statement; and 

14 ‘‘(vii) The status of the applicant in 

15 securing the non-Federal match, based on 

16 information provided by the applicant, in17 cluding the amount committed, budgeted, 

18 planned, and undetermined.’’ 

19 (13) by striking ‘‘an acceptable degree of’’ and 

20 inserting ‘‘a’’ each place it appears; and 

21 (14) by adding at the end the following: 

22 ‘‘(r) PUBLICATION .— 

23 ‘‘(1) PUBLICATION.—The Secretary shall publish 

24 a record of decision on all projects in the New Starts 

25 tranche of the program within 2 years of receiving a 


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1 project’s draft environmental impact statement or up2 date or change to such statement. 

3 ‘‘(2) FAILURE TO ISSUE RECORD OF DECISION.— 

4 For each calendar month beginning on or after the 

5 date that is 12 months after the date of enactment of 

6 the INVEST in America Act in which the Secretary 

7 has not published a record of decision for the final en8 vironmental impact statement on projects in the New 

9 Starts tranche for at least 1 year, the Secretary shall 

10 reduce the full-time equivalent employees within the 

11 immediate office of the Secretary by 1.’’. 

12 SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT 

13 DEADLINE. 

14 Section 5336(d) of title 49, United States Code, is 

15 amended— 

16 (1) by redesignating paragraph (2) as para17 graph (3); and 

18 (2) by inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) notwithstanding paragraph (1), apportion 

21 amounts to the States appropriated under section 

22 5338(a)(2) to carry out sections 5307, 5310, and 5311 

23 not later than December 15 for which any amounts 

24 are appropriated; and’’. 


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1 SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE. 

2 Section 5334 of title 49, United States Code, is further 

3 amended by adding at the end the following: 

4 ‘‘(l) DISPOSITION OF ASSETS BEYOND USEFUL

5 LIFE.— 

6 ‘‘(1) IN GENERAL.—If a recipient, or sub7 recipient, for assistance under this chapter disposes of 

8 an asset with a current market value, or proceed from 

9 the sale of such asset, acquired under this chapter at 

10 least in part with such assistance, after such asset has 

11 reached the useful life of such asset, the Secretary 

12 shall allow the recipient, or subrecipient, to use the 

13 proceeds attributable to the Federal share of such asset 

14 calculated under paragraph (3) for capital projects 

15 under section 5307, 5310, or 5311. 

16 ‘‘(2) MINIMUM VALUE.—This subsection shall 

17 only apply to assets with a current market value, or 

18 proceeds from sale, of at least $5,000. 

19 ‘‘(3) CALCULATION OF FEDERAL SHARE ATTRIB20 UTABLE.—The proceeds attributable to the Federal 

21 share of an asset described in paragraph (1) shall be 

22 calculated by multiplying— 

23 ‘‘(A) the current market value of, or the 

24 proceeds from the disposition of, such asset; by 


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1 ‘‘(B) the Federal share percentage for the 

2 acquisition of such asset at the time of acquisi3 tion of such asset.’’. 

4 SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBIL5 ITY. 

6 Section 5310 of title 49, United States Code, as amend7 ed by section 2205, is further amended by adding at the 

8 end the following: 

9 ‘‘(k) INNOVATIVE COORDINATED ACCESS AND MOBIL10 ITY.— 

11 ‘‘(1) START UP GRANTS.— 

12 ‘‘(A) IN GENERAL.—The Secretary may 

13 make grants under this paragraph to eligible re14 cipients to assist in financing innovative projects 

15 for the transportation disadvantaged that im16 prove the coordination of transportation services 

17 and non-emergency medical transportation serv18 ices. 

19 ‘‘(B) APPLICATION.—An eligible recipient 

20 shall submit to the Secretary an application 

21 that, at a minimum, contains— 

22 ‘‘(i) a detailed description of the eligi23 ble project; 

24 ‘‘(ii) an identification of all eligible 

25 project partners and the specific role of each 


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1 eligible project partner in the eligible 

2 project, including— 

3 ‘‘(I) private entities engaged in 

4 the coordination of nonemergency med5 ical transportation services for the 

6 transportation disadvantaged; 

7 ‘‘(II) nonprofit entities engaged in 

8 the coordination of nonemergency med9 ical transportation services for the 

10 transportation disadvantaged; or 

11 ‘‘(III) Federal entities engaged in 

12 the coordination of nonemergency med13 ical transportation services for the 

14 transportation disadvantaged; and 

15 ‘‘(iii) a description of how the eligible 

16 project shall— 

17 ‘‘(I) improve local coordination or 

18 access to coordinated transportation 

19 services; 

20 ‘‘(II) reduce duplication of serv21 ice, if applicable; and 

22 ‘‘(III) provide innovative solu23 tions in the State or community. 

24 ‘‘(C) PERFORMANCE MEASURES.—An eligi25 ble recipient shall specify, in an application for 


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1 a grant under this paragraph, the performance 

2 measures the eligible project will use to quantify 

3 actual outcomes against expected outcomes, in4 cluding— 

5 ‘‘(i) reduced transportation expendi6 tures as a result of improved coordination; 

7 and 

8 ‘‘(ii) reduced healthcare expenditures 

9 as a result of improved coordination. 

10 ‘‘(D) ELIGIBLE USES.—Eligible recipients 

11 receiving a grant under this section may use 

12 such funds for— 

13 ‘‘(i) the deployment of coordination 

14 technology; 

15 ‘‘(ii) projects that create or increase 

16 access to community One-Call/One-Click 

17 Centers; 

18 ‘‘(iii) projects that integrate transpor19 tation for 3 or more of— 

20 ‘‘(I) public transportation pro21 vided under this section; 

22 ‘‘(II) a State plan approved 

23 under title XIX of the Social Security 

24 Act (42 U.S.C. 1396 et seq.); 


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1 ‘‘(III) title XVIII of the Social Se2 curity Act (42 U.S.C. 1395 et seq.); 

3 ‘‘(IV) Veterans Health Adminis4 tration; or 

5 ‘‘(V) private health care facilities; 

6 and 

7 ‘‘(iv) such other projects as determined 

8 appropriate by the Secretary. 

9 ‘‘(2) INCENTIVE GRANTS.— 

10 ‘‘(A) IN GENERAL.—The Secretary may 

11 make grants under this paragraph to eligible re12 cipients to incentivize innovative projects for the 

13 transportation disadvantaged that improve the 

14 coordination of transportation services and non15 emergency medical transportation services. 

16 ‘‘(B) SELECTION OF GRANT RECIPIENTS.— 

17 The Secretary shall distribute grant funds made 

18 available to carry out this paragraph as de19 scribed in subparagraph (E) to eligible recipients 

20 that apply and propose to demonstrate improve21 ment in the metrics described in subparagraph 

22 (F). 

23 ‘‘(C) ELIGIBILITY.—An eligible recipient 

24 shall not be required to have received a grant 


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1 under paragraph (1) to be eligible to receive a 

2 grant under this paragraph. 

3 ‘‘(D) APPLICATIONS.—Eligible recipients 

4 shall submit to the Secretary an application that 

5 includes— 

6 ‘‘(i) which metrics under subparagraph 

7 (F) the eligible recipient intends to improve; 

8 ‘‘(ii) the performance data eligible re9 cipients and the Federal, State, nonprofit, 

10 and private partners of the eligible recipient 

11 will make available; and 

12 ‘‘(iii) a proposed incentive formula 

13 that makes payments to the eligible recipi14 ent based on the proposed data and metrics. 

15 ‘‘(E) DISTRIBUTION.—The Secretary shall 

16 distribute funds made available to carry out this 

17 paragraph based upon the number of grant ap18 plications approved by the Secretary, number of 

19 individuals served by each grant, and the incen20 tive formulas approved by the Secretary using 

21 the following metrics: 

22 ‘‘(i) The reduced transportation ex23 penditures as a result of improved coordina24 tion. 


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1 ‘‘(ii) The reduced Federal healthcare 

2 expenditures using the metrics described in 

3 subparagraph (F). 

4 ‘‘(iii) The reduced private healthcare 

5 expenditures using the metrics described in 

6 subparagraph (F). 

7 ‘‘(F) HEALTHCARE METRICS.—Healthcare 

8 metrics described in this subparagraph shall 

9 be— 

10 ‘‘(i) reducing missed medical appoint11 ments; 

12 ‘‘(ii) the timely discharge of patients 

13 from hospitals; 

14 ‘‘(iii) reducing readmissions of pa15 tients into hospitals; and 

16 ‘‘(iv) other measureable healthcare 

17 metrics, as determined appropriate by the 

18 Secretary. 

19 ‘‘(G) ELIGIBLE EXPENDITURES.—The Sec20 retary shall allow the funds distributed by this 

21 grant program to be expended on eligible activi22 ties described in paragraph (1)(D) and any eli23 gible activity under this section that is likely to 

24 improve the metrics described in subparagraph 

25 (F). 


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1 ‘‘(H) RECIPIENT CAP.—The Secretary— 

2 ‘‘(i) may not provide more than 20 

3 grants under this paragraph; and 

4 ‘‘(ii) shall reduce the maximum num5 ber of grants under this paragraph to en6 sure projects are fully funded, if necessary. 

7 ‘‘(3) REPORT.—The Secretary shall make pub8 licly available an annual report on the program car9 ried out under this subsection for each fiscal year, not 

10 later than December 31 of the calendar year in which 

11 that fiscal year ends. The report shall include a de12 tailed description of the activities carried out under 

13 the program, and an evaluation of the program, in14 cluding an evaluation of the performance measures 

15 used by eligible recipients. 

16 ‘‘(4) FEDERAL SHARE.— 

17 ‘‘(A) IN GENERAL.—The Federal share of 

18 the costs of a project carried out under this sub19 section shall not exceed 80 percent. 

20 ‘‘(B) NON-FEDERAL SHARE.—The non-Fed21 eral share of the costs of a project carried out 

22 under this subsection may be derived from in23 kind contributions. 

24 ‘‘(5) RULE OF CONSTRUCTION.—For purposes of 

25 this subsection, nonemergency medical transportation 


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1 services shall be limited to services eligible under Fed2 eral programs other than programs authorized under 

3 this chapter.’’. 

4 SEC. 2915. PASSENGER FERRY GRANTS. 

5 Section 5307(h) of title 49, United States Code, is 

6 amended by adding at the end the following paragraph: 

7 ‘‘(4) ZERO-EMISSION OR REDUCED-EMISSION

8 GRANTS.— 

9 ‘‘(A) DEFINITIONS.—In this paragraph— 

10 ‘‘(i) the term ‘eligible project’ means a 

11 project or program of projects in an area el12 igible for a grant under subsection (a) for— 

13 ‘‘(I) acquiring zero- or reduced14 emission passenger ferries; 

15 ‘‘(II) leasing zero- or reduced16 emission passenger ferries; 

17 ‘‘(III) constructing facilities and 

18 related equipment for zero- or reduced19 emission passenger ferries; 

20 ‘‘(IV) leasing facilities and related 

21 equipment for zero- or reduced-emis22 sion passenger ferries; 

23 ‘‘(V) constructing new public 

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1 date zero- or reduced-emission pas2 senger ferries; 

3 ‘‘(VI) constructing shoreside ferry 

4 charging infrastructure for zero- or re5 duced-emission passenger ferries; or 

6 ‘‘(VII) rehabilitating or improv7 ing existing public transportation fa8 cilities to accommodate zero- or re9 duced-emission passenger ferries; 

10 ‘‘(ii) the term ‘zero- or reduced-emis11 sion passenger ferry’ means a passenger 

12 ferry used to provide public transportation 

13 that reduces emissions by utilizing onboard 

14 energy storage systems for hybrid-electric or 

15 100 percent electric propulsion, related 

16 charging infrastructure, and other tech17 nologies deployed to reduce emissions or 

18 produce zero onboard emissions under nor19 mal operation; and 

20 ‘‘(iii) the term ‘recipient’ means a des21 ignated recipient, a local government au22 thority, or a State that receives a grant 

23 under subsection (a). 


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1 ‘‘(B) GENERAL AUTHORITY.—The Secretary 

2 may make grants to recipients to finance eligible 

3 projects under this paragraph. 

4 ‘‘(C) GRANT REQUIREMENTS.—A grant 

5 under this paragraph shall be subject to the same 

6 terms and conditions as a grant under sub7 section (a). 

8 ‘‘(D) COMPETITIVE PROCESS.—The Sec9 retary shall solicit grant applications and make 

10 grants for eligible projects under this paragraph 

11 on a competitive basis. 

12 ‘‘(E) GOVERNMENT SHARE OF COSTS.— 

13 ‘‘(i) IN GENERAL.—The Federal share 

14 of the cost of an eligible project carried out 

15 under this paragraph shall not exceed 80 

16 percent. 

17 ‘‘(ii) NON-FEDERAL SHARE.—The non18 Federal share of the cost of an eligible 

19 project carried out under this subsection 

20 may be derived from in-kind contribu21 tions.’’. 

22 SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL IN23 VESTMENT. 

24 Section 5309(h)(4) of title 49, United States Code, is 

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1 proves transportation options to economically distressed 

2 areas,’’ after ‘‘public transportation’’. 

3 TITLE III—HIGHWAY TRAFFIC 

4 SAFETY 

5 SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—The following sums are authorized 

7 to be appropriated out of the Highway Trust Fund (other 

8 than the Mass Transit Account): 

9 (1) HIGHWAY SAFETY PROGRAMS.—For carrying 

10 out section 402 of title 23, United States Code— 

11 (A) $378,400,000 for fiscal year 2022; 

12 (B) $382,400,000 for fiscal year 2023; 

13 (C) $386,500,000 for fiscal year 2024; and 

14 (D) $390,400,000 for fiscal year 2025. 

15 (2) HIGHWAY SAFETY RESEARCH AND DEVELOP16 MENT.—For carrying out section 403 of title 23, 

17 United States Code— 

18 (A) $182,495,000 for fiscal year 2022; 

19 (B) $184,795,000 for fiscal year 2023; 

20 (C) $187,795,000 for fiscal year 2024; and 

21 (D) $190,695,000 for fiscal year 2025. 

22 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

23 For carrying out section 405 of title 23, United States 

24 Code— 

25 (A) $384,119,000 for fiscal year 2022; 


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1 (B) $393,205,000 for fiscal year 2023; 

2 (C) $402,205,000 for fiscal year 2024; and 

3 (D) $411,388,000 for fiscal year 2025. 

4 (4) NATIONAL DRIVER REGISTER.—For the Na5 tional Highway Traffic Safety Administration to 

6 carry out chapter 303 of title 49, United States 

7 Code— 

8 (A) $5,700,000 for fiscal year 2022; 

9 (B) $5,800,000 for fiscal year 2023; 

10 (C) $5,900,000 for fiscal year 2024; and 

11 (D) $6,000,000 for fiscal year 2025. 

12 (5) HIGH-VISIBILITY ENFORCEMENT PROGRAM.— 

13 For carrying out section 404 of title 23, United States 

14 Code— 

15 (A) $60,200,000 for fiscal year 2022; 

16 (B) $60,600,000 for fiscal year 2023; 

17 (C) $60,800,000 for fiscal year 2024; and 

18 (D) $61,200,000 for fiscal year 2025. 

19 (6) ADMINISTRATIVE EXPENSES.—For adminis20 trative and related operating expenses of the National 

21 Highway Traffic Safety Administration in carrying 

22 out chapter 4 of title 23, United States Code— 

23 (A) $30,586,000 for fiscal year 2022; 

24 (B) $31,000,000 for fiscal year 2023; 

25 (C) $31,500,000 for fiscal year 2024; and 


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1 (D) $31,917,000 for fiscal year 2025. 

2 (b) PROHIBITION ON OTHER USES.—Except as other3 wise provided in chapter 4 of title 23, United States Code, 

4 and chapter 303 of title 49, United States Code, the 

5 amounts made available from the Highway Trust Fund 

6 (other than the Mass Transit Account) for a program under 

7 such chapters— 

8 (1) shall only be used to carry out such program; 

9 and 

10 (2) may not be used by States or local govern11 ments for construction purposes. 

12 (c) APPLICABILITY OF TITLE 23.—Except as otherwise 

13 provided in chapter 4 of title 23, United States Code, and 

14 chapter 303 of title 49, United States Code, amounts made 

15 available under subsection (a) for fiscal years 2022 through 

16 2025 shall be available for obligation in the same manner 

17 as if such funds were apportioned under chapter 1 of title 

18 23, United States Code. 

19 (d) REGULATORY AUTHORITY.—Grants awarded 

20 under chapter 4 of title 23, United States Code, including 

21 any amendments made by this title, shall be carried out 

22 in accordance with regulations issued by the Secretary of 

23 Transportation. 

24 (e) STATE MATCHING REQUIREMENTS.—If a grant 

25 awarded under chapter 4 of title 23, United States Code, 


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1 requires a State to share in the cost, the aggregate of all 

2 expenditures for highway safety activities made during a 

3 fiscal year by the State and its political subdivisions (exclu4 sive of Federal funds) for carrying out the grant (other than 

5 planning and administration) shall be available for the 

6 purpose of crediting the State during such fiscal year for 

7 the non-Federal share of the cost of any other project carried 

8 out under chapter 4 of title 23, United States Code (other 

9 than planning or administration), without regard to wheth10 er such expenditures were made in connection with such 

11 project. 

12 (f) GRANT APPLICATION AND DEADLINE.—To receive 

13 a grant under chapter 4 of title 23, United States Code, 

14 a State shall submit an application, and the Secretary of 

15 Transportation shall establish a single deadline for such ap16 plications to enable the award of grants early in the next 

17 fiscal year. 

18 SEC. 3002. HIGHWAY SAFETY PROGRAMS. 

19 Section 402 of title 23, United States Code, is amend20 ed— 

21 (1) in subsection (a)— 

22 (A) in paragraph (2)(A)— 

23 (i) in clause (ii) by striking ‘‘occupant 

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1 ty belts and child restraint systems)’’ and 

2 inserting ‘‘seatbelts’’; 

3 (ii) in clause (vii) by striking ‘‘; and’’ 

4 and inserting a semicolon; and 

5 (iii) by inserting after clause (viii) the 

6 following: 

7 ‘‘(ix) to encourage more widespread 

8 and proper use of child safety seats (includ9 ing booster seats) with an emphasis on un10 derserved populations; 

11 ‘‘(x) to reduce injuries and deaths re12 sulting from drivers of motor vehicles not 

13 moving to another traffic lane or reducing 

14 the speed of such driver’s vehicle when law 

15 enforcement, fire service, emergency medical 

16 services, and other emergency vehicles are 

17 stopped or parked on or next to a roadway 

18 with emergency lights activated; and 

19 ‘‘(xi) to increase driver awareness of 

20 the dangers of pediatric vehicular 

21 hyperthermia;’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(3) ADDITIONAL CONSIDERATIONS.—States 

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1 grams described in paragraph (2)(A) to educate driv2 ers on the risks associated with marijuana-impaired 

3 driving and to reduce injuries and deaths resulting 

4 from individuals driving motor vehicles while im5 paired by marijuana.’’; 

6 (2) in subsection (c)(4)— 

7 (A) by striking subparagraph (C); 

8 (B) by redesignating subparagraph (B) as 

9 subparagraph (D); and 

10 (C) by inserting after subparagraph (A) the 

11 following: 

12 ‘‘(B) SPECIAL RULE FOR SCHOOL AND

13 WORK ZONES.—Notwithstanding subparagraph 

14 (A), a State may expend funds apportioned to 

15 that State under this section to carry out a pro16 gram to purchase, operate, or maintain an auto17 mated traffic system in a work zone or school 

18 zone. 

19 ‘‘(C) AUTOMATED TRAFFIC ENFORCEMENT

20 SYSTEM GUIDELINES.—Any automated traffic 

21 enforcement system installed pursuant to sub22 paragraph (B) shall comply with speed enforce23 ment camera systems and red light camera sys24 tems guidelines established by the Secretary.’’; 

25 and 


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1 (3) in subsection (n)— 

2 (A) by striking ‘‘PUBLIC TRANSPARENCY’’ 

3 and all that follows through ‘‘The Secretary’’ 

4 and inserting the following: ‘‘PUBLIC TRANS5 PARENCY.— 

6 ‘‘(1) IN GENERAL.—The Secretary’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(2) STATE HIGHWAY SAFETY PLAN WEBSITE.— 

9 ‘‘(A) IN GENERAL.—In carrying out the re10 quirements of paragraph (1), the Secretary shall 

11 establish a public website that is easily acces12 sible, navigable, and searchable for the informa13 tion required under paragraph (1), in order to 

14 foster greater transparency in approved State 

15 highway safety programs. 

16 ‘‘(B) CONTENTS.—The website established 

17 under subparagraph (A) shall— 

18 ‘‘(i) include each State highway safety 

19 plan and annual report submitted and ap20 proved by the Secretary under subsection 

21 (k); 

22 ‘‘(ii) provide a means for the public to 

23 search such website for State highway safety 

24 program content required in subsection (k), 

25 including— 


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1 ‘‘(I) performance measures re2 quired by the Secretary under para3 graph (3)(A); 

4 ‘‘(II) progress made toward meet5 ing the State’s performance targets for 

6 the previous year; 

7 ‘‘(III) program areas and expend8 itures; and 

9 ‘‘(IV) a description of any sources 

10 of funds other than funds provided 

11 under this section that the State pro12 poses to use to carry out the State 

13 highway safety plan of such State.’’. 

14 SEC. 3003. TRAFFIC SAFETY ENFORCEMENT GRANTS. 

15 Section 402 of title 23, United States Code, as amend16 ed by section 3002 of this Act, is further amended by insert17 ing after subsection (k) the following: 

18 ‘‘(l) TRAFFIC SAFETY ENFORCEMENT GRANTS.— 

19 ‘‘(1) GENERAL AUTHORITY.—Subject to the re20 quirements under this subsection, the Secretary shall 

21 award grants to States for the purpose of carrying 

22 out top-rated traffic safety enforcement counter23 measures to reduce traffic-related injuries and fatali24 ties. 


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1 ‘‘(2) EFFECTIVE COUNTERMEASURE DEFINED.— 

2 In this subsection, the term ‘effective countermeasure’ 

3 means a countermeasure rated 3, 4, or 5 stars in the 

4 most recent edition of the National Highway Traffic 

5 Safety Administration’s Countermeasures That Work 

6 highway safety guide. 

7 ‘‘(3) FUNDING.—Notwithstanding the apportion8 ment formula set forth in section 402(c)(2), the Sec9 retary shall set aside $35,000,000 of the funds made 

10 available under this section for each fiscal year to be 

11 allocated among up to 10 States. 

12 ‘‘(4) SELECTION CRITERIA.—The Secretary shall 

13 select up to 10 applicants based on the following cri14 teria: 

15 ‘‘(A) A preference for applicants who are 

16 geographically diverse. 

17 ‘‘(B) A preference for applicants with a 

18 higher average number of traffic fatalities per ve19 hicle mile traveled. 

20 ‘‘(C) A preference for applicants whose ac21 tivities under subparagraphs (A) and (B) of 

22 paragraph (6) are expected to have the greatest 

23 impact on reducing traffic-related fatalities and 

24 injuries, as determined by the Secretary. 


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1 ‘‘(5) ELIGIBILITY.—A State may receive a grant 

2 under this subsection in a fiscal year if the State 

3 demonstrates, to the satisfaction of the Secretary, that 

4 the State is able to meet the requirements in para5 graph (6). 

6 ‘‘(6) REQUIREMENTS.—In order to receive funds, 

7 a State must establish an agreement with the Sec8 retary to— 

9 ‘‘(A) identify areas with the highest risk of 

10 traffic fatalities and injuries; 

11 ‘‘(B) determine the most effective counter12 measures to implement in those areas, with pri13 ority given to countermeasures rated above 3 

14 stars; and 

15 ‘‘(C) report annual data under uniform re16 porting requirements established by the Sec17 retary, including— 

18 ‘‘(i) traffic citations, arrests, and other 

19 interventions made by law enforcement, in20 cluding such interventions that did not re21 sult in arrest or citation; 

22 ‘‘(ii) the increase in traffic safety en23 forcement activity supported by these funds; 

24 and 


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1 ‘‘(iii) any other metrics the Secretary 

2 determines appropriate to determine the 

3 success of the grant. 

4 ‘‘(7) USE OF FUNDS.— 

5 ‘‘(A) IN GENERAL.—Grant funds received 

6 by a State under this subsection may be used 

7 for— 

8 ‘‘(i) implementing effective counter9 measures determined under paragraph (6); 

10 and 

11 ‘‘(ii) law enforcement-related expenses, 

12 such as officer training, overtime, tech13 nology, and equipment, if the Secretary de14 termines effective countermeasures have been 

15 implemented successfully and the Secretary 

16 provides approval. 

17 ‘‘(B) BROADCAST AND PRINT MEDIA.—Up 

18 to 5 percent of grant funds received by a State 

19 under this subsection may be used for the devel20 opment, production, and use of broadcast and 

21 print media advertising in carrying out traffic 

22 safety law enforcement efforts under this sub23 section. 

24 ‘‘(8) ALLOCATION.—Grant funds allocated to a 

25 State under this subsection for a fiscal year shall be 


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1 in proportion to the State’s apportionment under sub2 section (c)(2) for the fiscal year. 

3 ‘‘(9) MAINTENANCE OF EFFORT.—No grant may 

4 be made to a State in any fiscal year under this sub5 section unless the State enters into such an agreement 

6 with the Secretary, as the Secretary may require, to 

7 ensure that the State will maintain its aggregate ex8 penditures from all State and local sources for activi9 ties carried out in accordance with this subsection at 

10 or above the average level of expenditures in the 2 fis11 cal years preceding the date of enactment of this sub12 section. 

13 ‘‘(10) ANNUAL EVALUATION AND REPORT TO

14 CONGRESS.—The Secretary shall conduct an annual 

15 evaluation of the effectiveness of grants awarded 

16 under this subsection and shall submit to the Com17 mittee on Transportation and Infrastructure of the 

18 House of Representatives and the Committee on Com19 merce, Science, and Transportation of the Senate an 

20 annual report on the effectiveness of the grants.’’. 

21 SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOP22 MENT. 

23 Section 403 of title 23, United States Code, is amend24 ed— 


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1 (1) in subsection (b) by inserting ‘‘, training,’’ 

2 after ‘‘demonstration projects’’; 

3 (2) in subsection (f)(1)— 

4 (A) by striking ‘‘$2,500,000’’ and inserting 

5 ‘‘$3,500,000’’; and 

6 (B) by striking ‘‘subsection 402(c) in each 

7 fiscal year ending before October 1, 2015, and 

8 $443,989 of the total amount available for ap9 portionment to the States for highway safety 

10 programs under section 402(c) in the period be11 ginning on October 1, 2015, and ending on De12 cember 4, 2015,’’ and inserting ‘‘section 

13 402(c)(2) in each fiscal year’’; and 

14 (3) by striking subsection (h) and redesignating 

15 subsections (i) and (j) as subsections (h) and (i), re16 spectively. 

17 SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL 

18 PROFILING. 

19 Section 403 of title 23, United States Code, as amend20 ed by section 3004 of this Act, is further amended by adding 

21 at the end the following: 

22 ‘‘(j) GRANT PROGRAM TO PROHIBIT RACIAL

23 PROFILING.— 


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1 ‘‘(1) GENERAL AUTHORITY.—Subject to the re2 quirements of this subsection, the Secretary shall 

3 make grants to a State that— 

4 ‘‘(A) is maintaining and allows public in5 spection of statistical information for each motor 

6 vehicle stop made by a law enforcement officer 

7 on a Federal-aid highway in the State regarding 

8 the race and ethnicity of the driver; or 

9 ‘‘(B) provides assurances satisfactory to the 

10 Secretary that the State is undertaking activities 

11 to comply with the requirements of subparagraph 

12 (A). 

13 ‘‘(2) USE OF GRANT FUNDS.—A grant received 

14 by a State under paragraph (1) shall be used by the 

15 State for the costs of— 

16 ‘‘(A) collecting and maintaining data on 

17 traffic stops; and 

18 ‘‘(B) evaluating the results of such data. 

19 ‘‘(3) LIMITATIONS.— 

20 ‘‘(A) MAXIMUM AMOUNT OF GRANTS.—The 

21 total amount of grants made to a State under 

22 this section in a fiscal year may not exceed 5 

23 percent of the amount made available to carry 

24 out this section in the fiscal year. 


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1 ‘‘(B) ELIGIBILITY.—On or after October 1, 

2 2022, a State may not receive a grant under 

3 paragraph (1)(B) in more than 2 fiscal years. 

4 ‘‘(4) FUNDING.— 

5 ‘‘(A) IN GENERAL.—From funds made 

6 available under this section, the Secretary shall 

7 set aside $7,500,000 for each fiscal year to carry 

8 out this subsection. 

9 ‘‘(B) OTHER USES.—The Secretary may re10 allocate, before the last day of any fiscal year, 

11 amounts remaining available under subpara12 graph (A) to increase the amounts made avail13 able to carry out any other activities authorized 

14 under this section in order to ensure, to the max15 imum extent possible, that all such amounts are 

16 obligated during such fiscal year.’’. 

17 SEC. 3006. HIGH-VISIBILITY ENFORCEMENT PROGRAM. 

18 Section 404 of title 23, United States Code, is amend19 ed— 

20 (1) in subsection (a) by striking ‘‘3 campaigns 

21 will be carried out in each of fiscal years 2016 

22 through 2020’’ and inserting ‘‘6 campaigns will be 

23 carried out in each of fiscal years 2022 through 

24 2025’’; 

25 (2) in subsection (b)— 


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1 (A) in paragraph (1) by striking ‘‘or drug2 impaired’’; 

3 (B) in paragraph (2) by striking ‘‘Increase 

4 use of seatbelts’’ and inserting ‘‘Increase proper 

5 use of seatbelts and child restraints’’; 

6 (C) by redesignating paragraph (2) as 

7 paragraph (3); 

8 (D) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) Reduce drug-impaired operation of motor 

11 vehicles.’’; and 

12 (E) by adding at the end the following: 

13 ‘‘(4) Reduce texting through a personal wireless 

14 communications device by drivers while operating a 

15 motor vehicle. 

16 ‘‘(5) Reduce violations of move over laws of a 

17 State that require motorists to change lanes or slow 

18 down when law enforcement, fire service, emergency 

19 medical services and other emergency vehicles are 

20 stopped or parked on or next to a roadway with 

21 emergency lights activated.’’; 

22 (3) by redesignating subsections (e) and (f) as 

23 subsections (g) and (h), respectively; 

24 (4) by inserting after subsection (d) the fol25 lowing: 


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1 ‘‘(e) FREQUENCY.—Each campaign administered 

2 under this section shall occur not less than once in each 

3 of fiscal years 2022 through 2025 with the exception of cam4 paigns to reduce alcohol-impaired operation of motor vehi5 cles which shall occur not less than twice in each of fiscal 

6 years 2022 through 2025. 

7 ‘‘(f) COORDINATION OF DYNAMIC HIGHWAY MESSAGE

8 SIGNS.—During the time a State is carrying out a cam9 paign, the Secretary shall coordinate with States carrying 

10 out the campaigns under this section on the use of dynamic 

11 highway message signs to support national high-visibility 

12 advertising and education efforts associated with the cam13 paigns.’’; and 

14 (5) in subsection (g), as so redesignated— 

15 (A) by redesignating paragraph (2) as 

16 paragraph (3); 

17 (B) by inserting after paragraph (1) the fol18 lowing: 

19 ‘‘(2) DYNAMIC HIGHWAY MESSAGE SIGN.—The 

20 term ‘dynamic highway message sign’ means a traffic 

21 control device that is capable of displaying one or 

22 more alternative messages which convey information 

23 to occupants of motor vehicles.’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(4) TEXTING.—The term ‘texting’ has the mean2 ing given such term in section 405(e).’’. 

3 SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS. 

4 (a) IN GENERAL.—Section 405 of title 23, United 

5 States Code, is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1) by striking ‘‘13 per8 cent’’ and inserting ‘‘12.85 percent’’; 

9 (B) in paragraph (2) by striking ‘‘14.5 per10 cent’’ and inserting ‘‘14.3 percent’’; 

11 (C) in paragraph (3) by striking ‘‘52.5 per12 cent’’ and inserting ‘‘51.75 percent’’; 

13 (D) in paragraph (4) by striking ‘‘8.5 per14 cent’’ and inserting ‘‘8.3 percent’’; 

15 (E) in paragraph (6) by striking ‘‘5 per16 cent’’ and inserting ‘‘4.9 percent’’; 

17 (F) in paragraph (7) by striking ‘‘5 per18 cent’’ and inserting ‘‘4.9 percent’’; 

19 (G) in paragraph (8)— 

20 (i) by striking ‘‘paragraphs (1) 

21 through (7)’’ and inserting ‘‘paragraphs (1) 

22 through (8)’’; 

23 (ii) by striking ‘‘subsection (b) through 

24 (h)’’ and inserting ‘‘subsections (b) through 

25 (i)’’; and 


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1 (iii) by inserting ‘‘to carry out any of 

2 the other activities described in such sub3 sections, or the amount made available’’ be4 fore ‘‘under section 402(c)(2)’’; 

5 (H) in paragraph (9)(A) by striking ‘‘date 

6 of enactment of the FAST Act’’ and inserting 

7 ‘‘date of enactment of the INVEST in America 

8 Act’’; 

9 (I) by redesignating paragraphs (8) and (9) 

10 as paragraphs (9) and (10), respectively; and 

11 (J) by inserting after paragraph (7) the fol12 lowing: 

13 ‘‘(8) DRIVER AND OFFICER SAFETY EDU14 CATION.—In each fiscal year, 1.5 percent of the funds 

15 provided under this section shall be allocated among 

16 States that meet the requirements with respect to 

17 driver and officer safety education (as described in 

18 subsection (i)).’’; 

19 (2) in subsection (c)(3)(E) by striking ‘‘5’’ and 

20 inserting ‘‘10’’; 

21 (3) in subsection (b)(4)— 

22 (A) in subparagraph (A) by striking clause 

23 (v) and inserting the following: 

24 ‘‘(v) implement programs in low-in25 come and underserved populations to— 


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1 ‘‘(I) recruit and train occupant 

2 protection safety professionals, nation3 ally certified child passenger safety 

4 technicians, police officers, fire and 

5 emergency medical personnel, and edu6 cators serving low-income and under7 served populations; 

8 ‘‘(II) educate parents and care9 givers in low-income and underserved 

10 populations about the proper use and 

11 installation of child safety seats; and 

12 ‘‘(III) purchase and distribute 

13 child safety seats to low-income and 

14 underserved populations; and’’; and 

15 (B) in subparagraph (B)— 

16 (i) by striking ‘‘100 percent’’ and in17 serting ‘‘90 percent’’; and 

18 (ii) by adding at the end the following: 

19 ‘‘The remaining 10 percent of such funds 

20 shall be used to carry out subsection 

21 (A)(v).’’; 

22 (4) by striking subsection (c)(4) and inserting 

23 the following: 


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1 ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds re2 ceived by a State under this subsection shall be used 

3 for— 

4 ‘‘(A) making data program improvements 

5 to core highway safety databases related to quan6 tifiable, measurable progress in any of the 6 sig7 nificant data program attributes set forth in 

8 paragraph (3)(D); 

9 ‘‘(B) developing or acquiring programs to 

10 identify, collect, and report data to State and 

11 local government agencies, and enter data, in12 cluding crash, citation and adjudication, driver, 

13 emergency medical services or injury surveillance 

14 system, roadway, and vehicle, into the core high15 way safety databases of a State; 

16 ‘‘(C) purchasing equipment to improve 

17 processes by which data is identified, collected, 

18 and reported to State and local government 

19 agencies; 

20 ‘‘(D) linking core highway safety databases 

21 of a State with such databases of other States or 

22 with other data systems within the State, includ23 ing systems that contain medical, roadway, and 

24 economic data; 


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1 ‘‘(E) improving the compatibility and 

2 interoperability of the core highway safety data3 bases of the State with national data systems 

4 and data systems of other States; 

5 ‘‘(F) enhancing the ability of a State and 

6 the Secretary to observe and analyze local, State, 

7 and national trends in crash occurrences, rates, 

8 outcomes, and circumstances; 

9 ‘‘(G) supporting traffic records-related 

10 training and related expenditures for law en11 forcement, emergency medical, judicial, prosecu12 torial, and traffic records professionals; 

13 ‘‘(H) hiring traffic records professionals, in14 cluding a Fatality Analysis Reporting System 

15 liaison for a State; and 

16 ‘‘(I) conducting research on State traffic 

17 safety information systems, including developing 

18 and evaluating programs to improve core high19 way safety databases of such State and processes 

20 by which data is identified, collected, reported to 

21 State and local government agencies, and entered 

22 into such core safety databases.’’; 

23 (5) by striking subsection (d)(6)(A) and insert24 ing the following: 


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1 ‘‘(A) GRANTS TO STATES WITH ALCOHOL-IG2 NITION INTERLOCK LAWS.—The Secretary shall 

3 make a separate grant under this subsection to 

4 each State that— 

5 ‘‘(i) adopts and is enforcing a manda6 tory alcohol-ignition interlock law for all 

7 individuals arrested or convicted of driving 

8 under the influence of alcohol or of driving 

9 while intoxicated; 

10 ‘‘(ii) does not allow any individual ar11 rested or convicted of driving under the in12 fluence of alcohol or driving while intoxi13 cated to drive a motor vehicle unless such 

14 individual installs an ignition interlock for 

15 a minimum 6-month interlock period; or 

16 ‘‘(iii) has— 

17 ‘‘(I) enacted and is enforcing a 

18 state law requiring all individuals con19 victed of, or whose driving privilege is 

20 revoked or denied for, refusing to sub21 mit to a chemical or other test for the 

22 purpose of determining the presence or 

23 concentration of any intoxicating sub24 stance to install an ignition interlock 


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1 for a minimum 6-month interlock pe2 riod; and 

3 ‘‘(II) a compliance-based removal 

4 program in which an individual ar5 rested or convicted of driving under the 

6 influence of alcohol or driving while 

7 intoxicated shall install an ignition 

8 interlock for a minimum 6-month 

9 interlock period and have completed a 

10 minimum consecutive period of not less 

11 than 40 percent of the required inter12 lock period immediately preceding the 

13 date of release, without a confirmed 

14 violation of driving under the influence 

15 of alcohol or driving while intoxi16 cated.’’; 

17 (6) in subsection (e)— 

18 (A) in paragraph (1) by striking ‘‘para19 graphs (2) and (3)’’ and inserting ‘‘paragraph 

20 (2)’’; 

21 (B) in paragraph (4)— 

22 (i) by striking ‘‘paragraph (2) or (3)’’ 

23 and inserting ‘‘paragraph (3) or (4)’’; 

24 (ii) in subparagraph (A) by striking 

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1 gency services’’ and inserting ‘‘communica2 tions device during an emergency to contact 

3 emergency services or to prevent injury to 

4 persons or property’’; 

5 (iii) in subparagraph (C) by striking 

6 ‘‘; and’’ and inserting a semicolon; 

7 (iv) by redesignating subparagraph 

8 (D) as subparagraph (E); and 

9 (v) by inserting after subparagraph 

10 (C) the following: 

11 ‘‘(D) a driver who uses a personal wireless 

12 communication device for navigation; and’’; 

13 (C) in paragraph (5)(A)(i) by striking 

14 ‘‘texting or using a cell phone while’’ and insert15 ing ‘‘distracted’’; 

16 (D) in paragraph (7) by striking ‘‘Of the 

17 amounts’’ and inserting ‘‘In addition to the 

18 amounts authorized under section 404 and of the 

19 amounts’’; 

20 (E) in paragraph (9)— 

21 (i) by striking subparagraph (B) and 

22 inserting the following: 

23 ‘‘(B) PERSONAL WIRELESS COMMUNICA24 TIONS DEVICE.—The term ‘personal wireless 

25 communications device’ means— 


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1 ‘‘(i) until the date on which the Sec2 retary issues a regulation pursuant to para3 graph (8)(A), a device through which per4 sonal services (as such term is defined in 

5 section 332(c)(7)(C)(i) of the Communica6 tions Act of 1934 (47 U.S.C. 

7 332(c)(7)(C)(i)) are transmitted, but not in8 cluding the use of such a device as a global 

9 navigation system receiver used for posi10 tioning, emergency notification, or naviga11 tion purposes; and 

12 ‘‘(ii) on and after the date on which 

13 the Secretary issues a regulation pursuant 

14 to paragraph (8)(A), the definition de15 scribed in such regulation.’’; and 

16 (ii) by striking subparagraph (E) and 

17 inserting the following: 

18 ‘‘(E) TEXTING.—The term ‘texting’ 

19 means— 

20 ‘‘(i) until the date on which the Sec21 retary issues a regulation pursuant to para22 graph (8)(A), reading from or manually en23 tering data into a personal wireless commu24 nications device, including doing so for the 

25 purpose of SMS texting, emailing, instant 


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1 messaging, or engaging in any other form of 

2 electronic data retrieval or electronic data 

3 communication; and 

4 ‘‘(ii) on and after the date on which 

5 the Secretary issues a regulation pursuant 

6 to paragraph (8)(A), the definition de7 scribed in such regulation.’’; 

8 (F) by striking paragraphs (2), (3), (6), 

9 and (8); 

10 (G) by redesignating paragraphs (4) and 

11 (5) as paragraphs (5) and (6), respectively; 

12 (H) by inserting after paragraph (1) the 

13 following: 

14 ‘‘(2) ALLOCATION.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graphs (B) and (C), the allocation of grant funds 

17 to a State under this subsection for a fiscal year 

18 shall be in proportion to the State’s apportion19 ment under section 402 for fiscal year 2009. 

20 ‘‘(B) PRIMARY OFFENSE LAWS.—A State 

21 that has enacted and is enforcing a law that 

22 meets the requirements set forth in paragraphs 

23 (3) and (4) as a primary offense shall be allo24 cated 100 percent of the amount calculated under 

25 subparagraph (A). 


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1 ‘‘(C) SECONDARY OFFENSE LAWS.—A State 

2 that has enacted and is enforcing a law that 

3 meets the requirements set forth in paragraphs 

4 (3) and (4) as a secondary offense shall be allo5 cated 50 percent of the amount calculated under 

6 subparagraph (A). 

7 ‘‘(3) PROHIBITION ON HANDHELD PERSONAL

8 WIRELESS COMMUNICATION DEVICE USE WHILE DRIV9 ING.—A State law meets the requirements set forth in 

10 this paragraph if the law— 

11 ‘‘(A) prohibits a driver from holding or 

12 using, including texting, a personal wireless 

13 communications device while driving, except for 

14 the use of a personal wireless communications 

15 device— 

16 ‘‘(i) in a hands-free manner or with a 

17 hands-free accessory, or 

18 ‘‘(ii) to activate or deactivate a feature 

19 or function of the personal wireless commu20 nications device; 

21 ‘‘(B) establishes a fine for a violation of the 

22 law; and 

23 ‘‘(C) does not provide for an exemption that 

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1 sonal wireless communication device while 

2 stopped in traffic. 

3 ‘‘(4) PROHIBITION ON PERSONAL WIRELESS COM4 MUNICATION DEVICE USE WHILE DRIVING OR

5 STOPPED IN TRAFFIC.—A State law meets the require6 ments set forth in this paragraph if the law— 

7 ‘‘(A) prohibits a driver from holding or 

8 using a personal wireless communications device 

9 while driving if the driver is— 

10 ‘‘(i) younger than 18 years of age; or 

11 ‘‘(ii) in the learner’s permit or inter12 mediate license stage described in subpara13 graph (A) or (B) of subsection (g)(2); 

14 ‘‘(B) establishes a fine for a violation of the 

15 law; and 

16 ‘‘(C) does not provide for an exemption that 

17 specifically allows a driver to use a personal 

18 wireless communication device while stopped in 

19 traffic.’’; and 

20 (I) by inserting after paragraph (7) the fol21 lowing: 

22 ‘‘(8) RULEMAKING.—Not later than 1 year after 

23 the date of enactment of this paragraph, the Secretary 

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1 count for diverse State approaches to combating dis2 tracted driving that— 

3 ‘‘(A) defines the terms personal wireless 

4 communications device and texting for the pur5 poses of this subsection; and 

6 ‘‘(B) determines additional permitted excep7 tions that are appropriate for a State law that 

8 meets the requirements under paragraph (3) or 

9 (4).’’; 

10 (7) in subsection (g)— 

11 (A) in paragraph (1) by inserting ‘‘sub12 paragraphs (A) and (B) of’’ before ‘‘paragraph 

13 (2)’’; 

14 (B) by striking paragraph (2) and inserting 

15 the following: 

16 ‘‘(2) MINIMUM REQUIREMENTS.— 

17 ‘‘(A) TIER 1 STATE.—A State shall be eligi18 ble for a grant under this subsection as a Tier 

19 1 State if such State requires novice drivers 

20 younger than 18 years of age to comply with a 

21 2-stage graduated driver licensing process before 

22 receiving an unrestricted driver’s license that in23 cludes— 

24 ‘‘(i) a learner’s permit stage that— 


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1 ‘‘(I) is at least 180 days in dura2 tion; 

3 ‘‘(II) requires that the driver be 

4 accompanied and supervised at all 

5 times; and 

6 ‘‘(III) has a requirement that the 

7 driver obtain at least 40 hours of be8 hind-the-wheel training with a super9 visor; and 

10 ‘‘(ii) an intermediate stage that— 

11 ‘‘(I) commences immediately after 

12 the expiration of the learner’s permit 

13 stage; 

14 ‘‘(II) is at least 180 days in dura15 tion; and 

16 ‘‘(III) for the first 180 days of the 

17 intermediate stage, restricts the driver 

18 from— 

19 ‘‘(aa) driving at night be20 tween the hours of 11:00 p.m. and 

21 at least 4:00 a.m. except— 

22 ‘‘(AA) when a parent, 

23 guardian, driving instructor, 

24 or licensed driver who is at 


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1 least 21 years of age is in the 

2 motor vehicle; and 

3 ‘‘(BB) when driving to 

4 and from work, school and 

5 school-related activities, reli6 gious activities, for emer7 gencies, or as a member of 

8 voluntary emergency service; 

9 and 

10 ‘‘(bb) operating a motor vehi11 cle with more than 1 nonfamilial 

12 passenger younger than 18 years 

13 of age, except when a parent, 

14 guardian, driving instructor, or 

15 licensed driver who is at least 21 

16 years of age is in the motor vehi17 cle. 

18 ‘‘(B) TIER 2 STATE.—A State shall be eligi19 ble for a grant under this subsection as a Tier 

20 2 State if such State requires novice drivers 

21 younger than 18 years of age to comply with a 

22 2-stage graduated driver licensing process before 

23 receiving an unrestricted driver’s license that in24 cludes— 

25 ‘‘(i) a learner’s permit stage that— 


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1 ‘‘(I) is at least 180 days in dura2 tion; 

3 ‘‘(II) requires that the driver be 

4 accompanied and supervised at all 

5 times; and 

6 ‘‘(III) has a requirement that the 

7 driver obtain at least 50 hours of be8 hind-the-wheel training, with at least 

9 10 hours at night, with a supervisor; 

10 and 

11 ‘‘(ii) an intermediate stage that— 

12 ‘‘(I) commences immediately after 

13 the expiration of the learner’s permit 

14 stage; 

15 ‘‘(II) is at least 180 days in dura16 tion; and 

17 ‘‘(III) for the first 180 days of the 

18 intermediate stage, restricts the driver 

19 from— 

20 ‘‘(aa) driving at night be21 tween the hours of 10:00 p.m. and 

22 at least 4:00 a.m. except— 

23 ‘‘(AA) when a parent, 

24 guardian, driving instructor, 

25 or licensed driver who is at 


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1 least 21 years of age is in the 

2 motor vehicle; and 

3 ‘‘(BB) when driving to 

4 and from work, school and 

5 school-related activities, reli6 gious activities, for emer7 gencies, or as a member of 

8 voluntary emergency service; 

9 and 

10 ‘‘(bb) operating a motor vehi11 cle with any nonfamilial pas12 senger younger than 18 years of 

13 age, except when a parent, guard14 ian, driving instructor, or li15 censed driver who is at least 21 

16 years of age is in the motor vehi17 cle.’’; 

18 (C) in paragraph (3)— 

19 (i) in subparagraph (A) by inserting 

20 ‘‘subparagraphs (A) and (B) of’’ before 

21 ‘‘paragraph (2)’’; and 

22 (ii) in subparagraph (B) by inserting 

23 ‘‘subparagraphs (A) and (B) of’’ before 

24 ‘‘paragraph (2)’’ each place such term ap25 pears; 


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1 (D) in paragraph (4) by striking ‘‘such fis2 cal year’’ and inserting ‘‘fiscal year 2009’’; and 

3 (E) by striking paragraph (5) and inserting 

4 the following: 

5 ‘‘(5) USE OF FUNDS.— 

6 ‘‘(A) TIER 1 STATES.—A Tier 1 State shall 

7 use grant funds provided under this subsection 

8 for— 

9 ‘‘(i) enforcing a 2-stage licensing proc10 ess that complies with paragraph (2); 

11 ‘‘(ii) training for law enforcement per12 sonnel and other relevant State agency per13 sonnel relating to the enforcement described 

14 in clause (i); 

15 ‘‘(iii) publishing relevant educational 

16 materials that pertain directly or indirectly 

17 to the State graduated driver licensing law; 

18 ‘‘(iv) carrying out other administrative 

19 activities that the Secretary considers rel20 evant to the State’s 2-stage licensing proc21 ess; or 

22 ‘‘(v) carrying out a teen traffic safety 

23 program described in section 402(m). 


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1 ‘‘(B) TIER 2 STATES .—Of the grant funds 

2 made available to a Tier 2 State under this sub3 section— 

4 ‘‘(i) 25 percent shall be used for any 

5 activity described in subparagraph (A); and 

6 ‘‘(ii) 75 percent may be used for any 

7 project or activity eligible under section 

8 402.’’; and 

9 (8) by adding at the end the following: 

10 ‘‘(i) DRIVER AND OFFICER SAFETY EDUCATION.— 

11 ‘‘(1) GENERAL AUTHORITY.—Subject to the re12 quirements under this subsection, the Secretary shall 

13 award grants to— 

14 ‘‘(A) States that enact a commuter safety 

15 education program; and 

16 ‘‘(B) States qualifying under paragraph 

17 (5)(A). 

18 ‘‘(2) FEDERAL SHARE.—The Federal share of the 

19 costs of activities carried out using amounts from a 

20 grant awarded under this subsection may not exceed 

21 80 percent. 

22 ‘‘(3) ELIGIBILITY.—To be eligible for a grant 

23 under this subsection, a State shall enact a law or 

24 adopt a program that requires the following: 


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1 ‘‘(A) DRIVER EDUCATION AND DRIVING

2 SAFETY COURSES.—Inclusion, in driver edu3 cation and driver safety courses provided to in4 dividuals by educational and motor vehicle agen5 cies of the State, of instruction and testing con6 cerning law enforcement practices during traffic 

7 stops, including information on— 

8 ‘‘(i) the role of law enforcement and 

9 the duties and responsibilities of peace offi10 cers; 

11 ‘‘(ii) an individual’s legal rights con12 cerning interactions with peace officers; 

13 ‘‘(iii) best practices for civilians and 

14 peace officers during such interactions; 

15 ‘‘(iv) the consequences for an individ16 ual’s or officer’s failure to comply with 

17 those laws and programs; and 

18 ‘‘(v) how and where to file a complaint 

19 against or a compliment on behalf of a 

20 peace officer. 

21 ‘‘(B) PEACE OFFICER TRAINING PRO22 GRAMS.—Development and implementation of a 

23 training program, including instruction and 

24 testing materials, for peace officers and reserve 

25 law enforcement officers (other than officers who 


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1 have received training in a civilian course de2 scribed in subparagraph (A)) with respect to 

3 proper interaction with civilians during traffic 

4 stops. 

5 ‘‘(4) GRANT AMOUNT.—The allocation of grant 

6 funds to a State under this subsection for a fiscal 

7 year shall be in proportion to the State’s apportion8 ment under section 402 for fiscal year 2009. 

9 ‘‘(5) SPECIAL RULE FOR CERTAIN STATES.— 

10 ‘‘(A) QUALIFYING STATE.—A State qualifies 

11 pursuant to this subparagraph if— 

12 ‘‘(i) the Secretary determines such 

13 State has taken meaningful steps toward the 

14 full implementation of a law or program 

15 described in paragraph (3); 

16 ‘‘(ii) the Secretary determines such 

17 State has established a timetable for the im18 plementation of such a law or program; and 

19 ‘‘(iii) such State has received a grant 

20 pursuant to this subsection for a period of 

21 not more than 5 years. 

22 ‘‘(B) WITHHOLDING.—With respect to a 

23 State that qualifies pursuant to subparagraph 

24 (A), the Secretary shall— 


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1 ‘‘(i) withhold 50 percent of the amount 

2 that such State would otherwise receive if 

3 such State were a State described in para4 graph (1)(A); and 

5 ‘‘(ii) direct any such amounts for dis6 tribution among the States that are enforc7 ing and carrying out a law or program de8 scribed in paragraph (3). 

9 ‘‘(6) USE OF GRANT AMOUNTS.—A State receiv10 ing a grant under this subsection may use such 

11 grant— 

12 ‘‘(A) for the production of educational mate13 rials and training of staff for driver education 

14 and driving safety courses and peace officer 

15 training described in paragraph (3); and 

16 ‘‘(B) for the implementation of the law de17 scribed in paragraph (3).’’. 

18 (b) CONFORMING AMENDMENT.—Sections 402, 403, 

19 and 405 of title 23, United States Code, are amended— 

20 (1) by striking ‘‘accidents’’ and inserting ‘‘crash21 es’’ each place it appears; and 

22 (2) by striking ‘‘accident’’ and inserting ‘‘crash’’ 

23 each place it appears. 


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1 SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

2 FOR DRIVING WHILE INTOXICATED OR DRIV3 ING UNDER THE INFLUENCE. 

4 Section 164(b)(1) of title 23, United States Code, is 

5 amended— 

6 (1) in subparagraph (A) by striking ‘‘alcohol-im7 paired’’ and inserting ‘‘alcohol or polysubstance-im8 paired’’; and 

9 (2) in subparagraph (B)— 

10 (A) by striking ‘‘alcohol-impaired’’ and in11 serting ‘‘alcohol or polysubstance-impaired’’; 

12 (B) by striking ‘‘or’’ and inserting a 

13 comma; and 

14 (C) by inserting ‘‘, or driving while 

15 polysubstance-impaired’’ after ‘‘driving under 

16 the influence’’. 

17 SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT 

18 ELIGIBILITY. 

19 Section 4010(2) of the FAST Act (23 U.S.C. 405 note) 

20 is amended by striking ‘‘deficiencies’’ and inserting ‘‘all de21 ficiencies’’. 

22 SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING 

23 GRANTS. 

24 (a) IN GENERAL.—The Secretary of Transportation 

25 shall make grants to institutions of higher education (as 

26 such term is defined in section 101 of the Higher Education 


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1 Act of 1965 (20 U.S.C. 1001) for research and training in 

2 the operation or establishment of an implicit bias training 

3 program as it relates to racial profiling at traffic stops. 

4 (b) QUALIFICATIONS.—To be eligible for a grant under 

5 this section, an institution of higher education shall— 

6 (1) have an active research program or dem7 onstrate, to the satisfaction of the Secretary, that the 

8 applicant is beginning a research program to study 

9 implicit bias as it relates to racial profiling before 

10 and during traffic stops; and 

11 (2) partner with State and local police depart12 ments to conduct the research described in paragraph 

13 (1) and carry out the implementation of implicit bias 

14 training with State and local police departments. 

15 (c) REPORT.—No later than 1 year after a grant has 

16 been awarded under this section, the institution of higher 

17 education awarded the grant shall submit to the Committee 

18 on Transportation and Infrastructure of the House of Rep19 resentatives and the Committee on Commerce, Science, and 

20 Transportation of the Senate a report summarizing the re21 search on implicit bias as it relates to racial profiling before 

22 and during traffic stops, and recommendations on effective 

23 interventions and trainings. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated $10,000,000 for each fiscal 

3 year to carry out this section. 

4 (e) DEFINITIONS.—In this section, the term ‘‘implicit 

5 bias training program’’ means a program that looks at the 

6 attitudes, stereotypes, and lenses human beings develop 

7 through various experiences in life that can unconsciously 

8 affect how they interact with one another. 

9 SEC. 3011. STOP MOTORCYCLE CHECKPOINT FUNDING. 

10 Section 4007 of the FAST Act (23 U.S.C. 153 note) 

11 is amended— 

12 (1) in paragraph (1) by striking ‘‘or’’ at the end; 

13 (2) in paragraph (2) by striking the period at 

14 the end and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(3) otherwise profile and stop motorcycle opera17 tors or motorcycle passengers using as a factor the 

18 clothing or mode of transportation of such operators 

19 or passengers.’’. 

20 SEC. 3012. ELECTRONIC DRIVER’S LICENSE. 

21 (a) REAL ID ACT.—Section 202(a)(1) of the REAL 

22 ID Act of 2005 (49 U.S.C. 30301 note) is amended by strik23 ing ‘‘a driver’s license or identification card’’ and inserting 

24 ‘‘a physical or electronic driver’s license or identification 

25 card’’. 


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1 (b) TITLE 18.—Section 1028(d)(7)(A) of title 18, 

2 United States Code, is amended by striking ‘‘government 

3 issued driver’s license’’ and inserting ‘‘government issued 

4 physical or electronic driver’s license’’. 

5 SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL. 

6 (a) SHORT TITLE.—This section may be cited as the 

7 ‘‘Motorcyclist Advisory Council Reauthorization Act’’. 

8 (b) ESTABLISHMENT.—Not later than 90 days after 

9 the date of enactment of this Act, the Secretary of Transpor10 tation shall establish a Motorcyclist Advisory Council (in 

11 this section referred to as the ‘‘Council’’). 

12 (c) DUTIES.— 

13 (1) ADVISING.—The Council shall advise the Sec14 retary, the Administrator of the National Highway 

15 Traffic Safety Administration, and the Administrator 

16 of the Federal Highway Administration on transpor17 tation issues of concern to motorcyclists, including— 

18 (A) barrier design; 

19 (B) road design, construction, and mainte20 nance practices; and 

21 (C) the architecture and implementation of 

22 intelligent transportation system technologies. 

23 (2) BIENNIAL COUNCIL REPORT.— 

24 (A) IN GENERAL.—The Council shall submit 

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1 cil’s recommendations regarding the issues de2 scribed in paragraph (1) on which the Council 

3 provides advice pursuant to such paragraph. 

4 (B) TIMING.—Not later than October 31 of 

5 the calendar year following the calendar year in 

6 which the Council is established, and by every 

7 2nd October 31 thereafter, the Council shall sub8 mit the report required under this paragraph. 

9 (d) MEMBERSHIP.— 

10 (1) IN GENERAL.—The Council shall be com11 prised of 12 members appointed by the Secretary as 

12 follows: 

13 (A) Five experts from State or local govern14 ment on highway engineering issues, including— 

15 (i) barrier design; 

16 (ii) road design, construction, and 

17 maintenance; or 

18 (iii) intelligent transportation systems. 

19 (B) One State or local traffic and safety en20 gineer, design engineer, or other transportation 

21 department official who is a motorcyclist. 

22 (C) One representative from a national as23 sociation of State transportation officials. 

24 (D) One representative from a national mo25 torcyclist association. 


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1 (E) One representative from a national mo2 torcyclist foundation. 

3 (F) One representative from a national mo4 torcycle manufacturing association. 

5 (G) One roadway safety data expert on 

6 crash testing and analysis. 

7 (H) One member of a national safety orga8 nization that represents the traffic safety systems 

9 industry. 

10 (2) DURATION.— 

11 (A) TERM.—Subject to subparagraphs (B) 

12 and (C), each member shall serve one term of 2 

13 years. 

14 (B) ADDITIONAL TERMS.—If a successor is 

15 not designated for a member before the expira16 tion of the term the member is serving, the mem17 ber may serve another term. 

18 (C) APPOINTMENT OF REPLACEMENTS.—If 

19 a member resigns before serving a full 2-year 

20 term, the Secretary may appoint a replacement 

21 for such member to serve the remaining portion 

22 such term. A member may continue to serve after 

23 resignation until a successor has been appointed. 

24 A vacancy in the Council shall be filled in the 


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1 manner in which the original appointment was 

2 made. 

3 (3) COMPENSATION.—Members shall serve with4 out compensation. 

5 (e) TERMINATION.—The Council shall terminate 6 

6 years after the date of its establishment. 

7 (f) DUTIES OF THE SECRETARY.— 

8 (1) ACCEPT OR REJECT RECOMMENDATION.— 

9 (A) SECRETARY DETERMINES.—The Sec10 retary shall determine whether to accept or reject 

11 a recommendation contained in a Council re12 port. 

13 (B) TIMING.— 

14 (i) MUST ACCEPT OR REJECT.—The 

15 Secretary must indicate in each report sub16 mitted under this section the Secretary’s ac17 ceptance or rejection of each recommenda18 tion listed in such report. 

19 (ii) EXCEPTION.—The Secretary may 

20 indicate in a report submitted under this 

21 section that a recommendation is under 

22 consideration. If the Secretary does so, the 

23 Secretary must accept or reject the rec24 ommendation in the next report submitted 

25 under this section. 


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1 (2) REPORT.— 

2 (A) IN GENERAL.—Not later than 60 days 

3 after the Secretary receives a Council report, the 

4 Secretary shall submit a report to the following 

5 committees and subcommittees: 

6 (i) The Committee on Transportation 

7 and Infrastructure of the House of Rep8 resentatives. 

9 (ii) The Committee on Environment 

10 and Public Works of the Senate. 

11 (iii) The Committee on Commerce, 

12 Science, and Transportation of the Senate. 

13 (iv) The Subcommittee on Transpor14 tation, and Housing and Urban Develop15 ment, and Related Agencies of the Com16 mittee on Appropriations of the House of 

17 Representatives. 

18 (v) The Subcommittee on Transpor19 tation, and Housing and Urban Develop20 ment, and Related Agencies of the Com21 mittee on Appropriations of the Senate. 

22 (B) CONTENTS.—A report submitted under 

23 this subsection shall include— 

24 (i) a list containing— 


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1 (I) each recommendation con2 tained in the Council report described 

3 in paragraph (1); and 

4 (II) each recommendation indi5 cated as under consideration in the 

6 previous report submitted under this 

7 subsection; and 

8 (ii) for each such recommendation, 

9 whether it is accepted, rejected, or under 

10 consideration by the Secretary. 

11 (3) ADMINISTRATIVE AND TECHNICAL SUP12 PORT.—The Secretary shall provide such administra13 tive support, staff, and technical assistance to the 

14 Council as the Secretary determines to be necessary 

15 for the Council to carry out its duties. 

16 (g) DEFINITIONS.—In this section: 

17 (1) COUNCIL REPORT.—The term ‘‘Council re18 port’’ means the report described in subsection (f)(2). 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Transportation. 


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1 TITLE IV—MOTOR CARRIER 

2 SAFETY 

3 Subtitle A—Motor Carrier Safety 

4 Grants, Operations, and Programs 

5 SEC. 4101. MOTOR CARRIER SAFETY GRANTS. 

6 (a) IN GENERAL.—Section 31104 of title 49, United 

7 States Code, is amended— 

8 (1) by striking subsection (a) and inserting the 

9 following: 

10 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol11 lowing sums are authorized to be appropriated from the 

12 Highway Trust Fund (other than the Mass Transit Ac13 count): 

14 ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO15 GRAM.—Subject to paragraph (2) and subsection (c), 

16 to carry out section 31102 (except subsection (l))— 

17 ‘‘(A) $388,950,000 for fiscal year 2022; 

18 ‘‘(B) $398,700,000 for fiscal year 2023; 

19 ‘‘(C) $408,900,000 for fiscal year 2024; and 

20 ‘‘(D) $418,425,000 for fiscal year 2025. 

21 ‘‘(2) HIGH-PRIORITY ACTIVITIES PROGRAM.— 

22 Subject to subsection (c), to carry out section 

23 31102(l)— 

24 ‘‘(A) $72,604,000 for fiscal year 2022; 

25 ‘‘(B) $74,424,000 for fiscal year 2023; 


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1 ‘‘(C) $76,328,000 for fiscal year 2024; and 

2 ‘‘(D) $78,106,000 for fiscal year 2025. 

3 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

4 GRANT PROGRAM.—To carry out section 31103— 

5 ‘‘(A) $1,037,200 for fiscal year 2022; 

6 ‘‘(B) $1,063,200 for fiscal year 2023; 

7 ‘‘(C) $1,090,400 for fiscal year 2024; and 

8 ‘‘(D) $1,115,800 for fiscal year 2025. 

9 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

10 IMPLEMENTATION PROGRAM.—Subject to subsection 

11 (c), to carry out section 31313— 

12 ‘‘(A) $56,008,800 for fiscal year 2022; 

13 ‘‘(B) $57,412,800 for fiscal year 2023; 

14 ‘‘(C) $58,881,600 for fiscal year 2024; and 

15 ‘‘(D) $60,253,200 for fiscal year 2025.’’; 

16 (2) by striking subsection (c) and inserting the 

17 following: 

18 ‘‘(c) PARTNER TRAINING AND PROGRAM SUPPORT.— 

19 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

20 year, or as soon after that date as practicable, the 

21 Secretary may deduct from amounts made available 

22 under paragraphs (1), (2), and (4) of subsection (a) 

23 for that fiscal year not more than 1.50 percent of 

24 those amounts for partner training and program sup25 port in that fiscal year. 


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1 ‘‘(2) USE OF FUNDS.—The Secretary shall use at 

2 least 75 percent of the amounts deducted under para3 graph (1) on training and related training materials 

4 for non-Federal Government employees. 

5 ‘‘(3) PARTNERSHIP.—The Secretary shall carry 

6 out the training and development of materials pursu7 ant to paragraph (2) in partnership with one or more 

8 nonprofit organizations, selected on a competitive 

9 basis, that have— 

10 ‘‘(A) expertise in conducting a training 

11 program for non-Federal Government employees; 

12 and 

13 ‘‘(B) a demonstrated ability to involve in a 

14 training program the target population of com15 mercial motor vehicle safety enforcement employ16 ees.’’; 

17 (3) in subsection (f)— 

18 (A) in paragraph (1) by striking ‘‘the next 

19 fiscal year’’ and inserting ‘‘the following 2 fiscal 

20 years’’; 

21 (B) in paragraph (2)— 

22 (i) by striking ‘‘section 31102(l)(2)’’ 

23 and inserting ‘‘paragraphs (2) and (4) of 

24 section 31102(l)’’; 


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1 (ii) by striking ‘‘the next 2 fiscal 

2 years’’ and inserting ‘‘the following 3 fiscal 

3 years’’; and 

4 (C) in paragraph (3) by striking ‘‘the next 

5 4 fiscal years’’ and inserting ‘‘the following 5 fis6 cal years’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(j) TREATMENT OF REALLOCATIONS.—Amounts that 

9 are obligated and subsequently, after the date of enactment 

10 of this subsection, released back to the Secretary under sub11 section (i) shall not be subject to limitations on obligations 

12 provided under any other provision of law.’’. 

13 (b) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPLE14 MENTATION FINANCIAL ASSISTANCE PROGRAM.—Section 

15 31313(b) of title 49, United States Code, is amended— 

16 (1) by striking the period at the end and insert17 ing ‘‘; and’’ 

18 (2) by striking ‘‘A recipient’’ and inserting the 

19 following: ‘‘In participating in financial assistance 

20 program under this section 

21 ‘‘(1) a recipient’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(2) a State may not receive more than $250,000 

24 in grants under subsection (a)(2) in any fiscal year— 


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1 ‘‘(A) in which the State prohibits both pri2 vate commercial driving schools and independent 

3 commercial driver’s license testing facilities from 

4 offering a commercial driver’s license skills test 

5 as a third-party tester; and 

6 ‘‘(B) if, during the preceding fiscal year, the 

7 State had delays of more than 7 calendar days 

8 for the initial commercial driver’s license skills 

9 test or retest at 4 or more testing locations with10 in the State, as reported by the Administrator of 

11 the Federal Motor Carrier Safety Administration 

12 in accordance with section 5506 of the FAST Act 

13 (49 U.S.C. 31305 note).’’. 

14 SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND PRO15 GRAMS. 

16 (a) IN GENERAL.—Section 31110 of title 49, United 

17 States Code, is amended by striking subsection (a) and in18 serting the following: 

19 ‘‘(a) ADMINISTRATIVE EXPENSES.—There is author20 ized to be appropriated from the Highway Trust Fund 

21 (other than the Mass Transit Account) for the Secretary of 

22 Transportation to pay administrative expenses of the Fed23 eral Motor Carrier Safety Administration— 

24 ‘‘(1) $380,500,000 for fiscal year 2022; 

25 ‘‘(2) $381,500,000 for fiscal year 2023; 


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1 ‘‘(3) $382,500,000 for fiscal year 2024; and 

2 ‘‘(4) $384,500,000 for fiscal year 2025.’’. 

3 (b) ADMINISTRATIVE EXPENSES.— 

4 (1) USE OF FUNDS.—The Administrator of the 

5 Federal Motor Carrier Safety Administration shall 

6 use funds made available in subsection (a) for— 

7 (A) acceleration of planned investments to 

8 modernize the Administration’s information 

9 technology and information management sys10 tems; 

11 (B) completing outstanding mandates; 

12 (C) carrying out a Large Truck Crash 

13 Causal Factors Study of the Administration; 

14 (D) construction and maintenance of border 

15 facilities; and 

16 (E) other activities authorized under section 

17 31110(b) of title 49, United States Code. 

18 (2) DEFINITION OF OUTSTANDING MANDATE.—In 

19 this subsection, the term ‘‘outstanding mandate’’ 

20 means a requirement for the Federal Motor Carrier 

21 Safety Administration to issue regulations, undertake 

22 a comprehensive review or study, conduct a safety as23 sessment, or collect data— 

24 (A) under this Act; 


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1 (B) under MAP–21 (Public Law 112–141), 

2 that has not been published in the Federal Reg3 ister, if required, or otherwise completed as of the 

4 date of enactment of this Act; 

5 (C) under the FAST Act (Public Law 114– 

6 94), that has not been published in the Federal 

7 Register, if required, or otherwise completed as of 

8 the date of enactment of this Act; and 

9 (D) under any other Act enacted before the 

10 date of enactment of this Act that has not been 

11 published in the Federal Register by the date re12 quired in such Act. 

13 SEC. 4103. IMMOBILIZATION GRANT PROGRAM. 

14 Section 31102(l) of title 49, United States Code, is 

15 amended— 

16 (1) in paragraph (1) by striking ‘‘and (3)’’ and 

17 inserting ‘‘, (3), and (4)’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(4) IMMOBILIZATION GRANT PROGRAM.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall es21 tablish an immobilization grant program to 

22 make discretionary grants to States for the im23 mobilization or impoundment of passenger-car24 rying commercial motor vehicles if such vehicles 

25 are found to be unsafe or fail inspection. 


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1 ‘‘(B) CRITERIA FOR IMMOBILIZATION.—The 

2 Secretary, in consultation with State commercial 

3 motor vehicle entities, shall develop a list of com4 mercial motor vehicle safety violations and de5 fects that the Secretary determines warrant the 

6 immediate immobilization of a passenger-car7 rying commercial motor vehicle. 

8 ‘‘(C) ELIGIBILITY.—A State is only eligible 

9 to receive a grant under this paragraph if such 

10 State has the authority to require the immo11 bilization or impoundment of a passenger-car12 rying commercial motor vehicle if such vehicle is 

13 found to have a violation or defect included in 

14 the list developed under subparagraph (B). 

15 ‘‘(D) USE OF FUNDS.— Grant funds pro16 vided under this paragraph may be used for— 

17 ‘‘(i) the immobilization or impound18 ment of passenger-carrying commercial 

19 motor vehicles found to have a violation or 

20 defect included in the list developed under 

21 subparagraph (B); 

22 ‘‘(ii) safety inspections of such vehicles; 

23 and 


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1 ‘‘(iii) other activities related to the ac2 tivities described in clauses (i) and (ii), as 

3 determined by the Secretary. 

4 ‘‘(E) SECRETARY AUTHORIZATION.—The 

5 Secretary is authorized to award a State fund6 ing for the costs associated with carrying out an 

7 immobilization program with funds made avail8 able under section 31104(a)(2). 

9 ‘‘(F) DEFINITION OF PASSENGER-CARRYING

10 COMMERCIAL MOTOR VEHICLE.—In this para11 graph, the term ‘passenger-carrying commercial 

12 motor vehicle’ has the meaning given the term 

13 commercial motor vehicle in section 31301.’’. 

14 SEC. 4104. DRY BULK WEIGHT TOLERANCE. 

15 Section 127 of title 23, United States Code, is amended 

16 by adding at the end the following: 

17 ‘‘(v) DRY BULK WEIGHT TOLERANCE.— 

18 ‘‘(1) DEFINITION OF DRY BULK GOODS.—In this 

19 subsection, the term ‘dry bulk goods’ means any ho20 mogeneous unmarked nonliquid cargo being trans21 ported in a trailer specifically designed for that pur22 pose. 

23 ‘‘(2) WEIGHT TOLERANCE.—Notwithstanding 

24 any other provision of this section, except for the 

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1 cial motor vehicle transporting dry bulk goods may 

2 not exceed 110 percent of the maximum weight on 

3 any axle or axle group described in subsection (a), in4 cluding any enforcement tolerance.’’. 

5 Subtitle B—Motor Carrier Safety 

6 Oversight 

7 SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE. 

8 Section 4144 of SAFETEA–LU (49 U.S.C. 31100 

9 note) is amended— 

10 (1) in subsection (b)(1) by inserting ‘‘, including 

11 small business motor carriers’’ after ‘‘industry’’; and 

12 (2) in subsection (d) by striking ‘‘September 30, 

13 2013’’ and inserting ‘‘September 30, 2025’’. 

14 SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY. 

15 (a) IN GENERAL.—Not later than 1 year after the date 

16 of enactment of this Act, the Secretary of Transportation 

17 shall implement a revised methodology to be used in the 

18 Compliance, Safety, Accountability program of the Federal 

19 Motor Carrier Safety Administration to identify and 

20 prioritize motor carriers for intervention, using the rec21 ommendations of the study required by section 5221(a) of 

22 the FAST Act (49 U.S.C. 31100 note). 

23 (b) DATA AVAILABILITY.—The Secretary shall, in 

24 working toward implementation of the revised methodology 


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1 described in subsection (a) prioritize revisions necessary 

2 to— 

3 (1) restore the public availability of all relevant 

4 safety data under a revised methodology; and 

5 (2) make such safety data publicly available that 

6 was made publicly available on the day before the 

7 date of enactment of the FAST Act, and make pub8 licly available any safety data that was required to 

9 be made available by section 5223 of the FAST Act 

10 (49 U.S.C. 31100 note). 

11 (c) IMPLEMENTATION.— 

12 (1) PROGRESS REPORTS.—Not later than 30 

13 days after the date of enactment of this Act, and every 

14 90 days thereafter until the date on which the Sec15 retary implements the revised methodology described 

16 in subsection (a), the Secretary shall submit to the 

17 Committee on Transportation and Infrastructure of 

18 the House of Representatives and the Committee on 

19 Commerce, Science, and Transportation of the Senate, 

20 and make publicly available on a website of the De21 partment of Transportation, a progress report on— 

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1 vision, and an estimated date for implementa2 tion of such revised methodology; 

3 (B) an explanation for any delays in devel4 opment or implementation of the revised method5 ology over the reporting period; and 

6 (C) if the Secretary has not resumed mak7 ing publicly available the data described in sub8 section (b), an updated timeline for the restora9 tion of the public availability of data and a de10 tailed explanation for why such restoration has 

11 not occurred. 

12 (2) PUBLICATION AND NOTIFICATION.—Prior to 

13 commencing the use of the revised methodology de14 scribed in subsection (a) to identify and prioritize 

15 motor carriers for intervention (other than in a test16 ing capacity), the Secretary shall— 

17 (A) publish a detailed summary of the 

18 methodology in the Federal Register and provide 

19 a period for public comment; and 

20 (B) notify the Committee on Transportation 

21 and Infrastructure of the House of Representa22 tives and the Committee on Commerce, Science, 

23 and Transportation of the Senate, in writing. 

24 (d) SAFETY FITNESS RULE.— 


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1 (1) RULEMAKING.—Not later than 1 year after 

2 the date on which the Secretary notifies Congress 

3 under subsection (c)(2), the Secretary shall issue final 

4 regulations pursuant to section 31144(b) of title 49, 

5 United States Code, to revise the methodology for 

6 issuance of motor carrier safety fitness determina7 tions. 

8 (2) CONSIDERATIONS.—In issuing the regula9 tions under paragraph (1), the Secretary shall con10 sider the use of all available data to determine the fit11 ness of a motor carrier. 

12 (e) REPEAL.—Section 5223 of the FAST Act (49 

13 U.S.C. 31100 note), and the item related to such section 

14 in the table of contents in section 1(b) of such Act, are re15 pealed. 

16 SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS. 

17 Section 31315 of title 49, United States Code, is 

18 amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (4)(A) by inserting ‘‘, in21 cluding data submission requirements,’’ after 

22 ‘‘terms and conditions’’; and 

23 (B) by striking paragraph (8) and inserting 

24 the following: 

25 ‘‘(8) TERMS AND CONDITIONS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall es2 tablish terms and conditions for each exemption 

3 to ensure that the exemption will not likely de4 grade the level of safety achieved by the person 

5 or class of persons granted the exemption, and 

6 allow the Secretary to evaluate whether an equiv7 alent level of safety is maintained while the per8 son or class of persons is operating under such 

9 exemption, including— 

10 ‘‘(i) requiring the regular submission 

11 of accident and incident data to the Sec12 retary; 

13 ‘‘(ii) requiring immediate notification 

14 to the Secretary in the event of a crash that 

15 results in a fatality or serious bodily in16 jury; 

17 ‘‘(iii) for exemptions granted by the 

18 Secretary related to hours of service rules 

19 under part 395 of title 49, Code of Federal 

20 Regulations, requiring that the exempt per21 son or class of persons submit to the Sec22 retary evidence of participation in a recog23 nized fatigue management plan; and 

24 ‘‘(iv) providing documentation of the 

25 authority to operate under the exemption to 


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1 each exempt person, to be used to dem2 onstrate compliance if requested by a motor 

3 carrier safety enforcement officer during a 

4 roadside inspection. 

5 ‘‘(B) IMPLEMENTATION.—The Secretary 

6 shall monitor the implementation of the exemp7 tion to ensure compliance with its terms and 

8 conditions.’’; and 

9 (2) in subsection (e) by inserting ‘‘, based on an 

10 analysis of data collected by the Secretary and sub11 mitted to the Secretary under subsection (b)(8)’’ after 

12 ‘‘safety’’. 

13 SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PAS14 SENGERS. 

15 Section 31144(i) of title 49, United States Code, is 

16 amended— 

17 (1) in paragraph (1)— 

18 (A) in subparagraph (A) by striking ‘‘who 

19 the Secretary registers under section 13902 or 

20 31134’’; and 

21 (B) in subparagraph (B) by inserting ‘‘to 

22 motor carriers of passengers and’’ after ‘‘apply’’; 

23 and 

24 (2) by adding at the end the following: 


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1 ‘‘(5) MOTOR CARRIER OF PASSENGERS DE2 FINED.—In this subsection, the term ‘motor carrier of 

3 passengers’ includes an offeror of motorcoach services 

4 that sells scheduled transportation of passengers for 

5 compensation at fares and on schedules and routes de6 termined by such offeror, regardless of ownership or 

7 control of the vehicles or drivers used to provide the 

8 transportation by motorcoach.’’. 

9 SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES. 

10 Section 13506(b) of title 49, United States Code, is 

11 amended— 

12 (1) in paragraph (2) by striking ‘‘or’’ at the end; 

13 (2) in paragraph (3) by striking the period at 

14 the end and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(4) transportation by a motor vehicle designed 

17 or used to transport between 9 and 15 passengers (in18 cluding the driver), whether operated alone or with a 

19 trailer attached for the transport of recreational 

20 equipment, that is operated by a person that provides 

21 recreational activities if— 

22 ‘‘(A) the transportation is provided within 

23 a 150 air-mile radius of the location where pas24 sengers are boarded; and 


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1 ‘‘(B) the person operating the motor vehicle, 

2 if transporting passengers over a route between 

3 a place in a State and a place in another State, 

4 is otherwise lawfully providing transportation of 

5 passengers over the entire route in accordance 

6 with applicable State law.’’. 

7 SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO 

8 TRANSPORTATION OF HOUSEHOLD GOODS IN 

9 INTERSTATE COMMERCE. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ADMINISTRATION.—The term ‘‘Administra12 tion’’ means the Federal Motor Carrier Safety Ad13 ministration. 

14 (2) COVERED CARRIER.—The term ‘‘covered car15 rier’’ means a motor carrier that is— 

16 (A) engaged in the interstate transportation 

17 of household goods; and 

18 (B) subject to the requirements of part 375 

19 of title 49, Code of Federal Regulations (as in ef20 fect on the effective date of the amendments re21 quired by subsection (b)). 

22 (3) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Transportation. 

24 (b) AMENDMENTS TO REGULATIONS.—Not later than 

25 1 year after the date of enactment of this Act, the Secretary 


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1 shall issue a notice of proposed rulemaking to amend regu2 lations related to the interstate transportation of household 

3 goods. 

4 (c) CONSIDERATIONS.—In issuing the notice of pro5 posed rulemaking under subsection (b), the Secretary shall 

6 consider the following recommended amendments to provi7 sions of title 49, Code of Federal Regulations: 

8 (1) Section 375.207(b) to require each covered 

9 carrier to include on the website of the covered carrier 

10 a link— 

11 (A) to the publication of the Administration 

12 titled ‘‘Ready to Move–Tips for a Successful 

13 Interstate Move’’ (ESA 03005) on the website of 

14 the Administration; or 

15 (B) to a copy of the publication referred to 

16 in subparagraph (A) on the website of the cov17 ered carrier. 

18 (2) Subsections (a) and (b)(1) of section 375.213 

19 to require each covered carrier to provide to each in20 dividual shipper, with any written estimate provided 

21 to the shipper, a copy of the publication described in 

22 appendix A of part 375 of such title, entitled ‘‘Your 

23 Rights and Responsibilities When You Move’’ (ESA– 

24 03–006 (or a successor publication)), in the form of 

25 a written copy or a hyperlink on the website of the 


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1 covered carrier to the location on the website of the 

2 Administration containing such publication. 

3 (3) Subsection (e) of section 375.213, to repeal 

4 such subsection. 

5 (4) Section 375.401(a), to require each covered 

6 carrier— 

7 (A) to conduct a visual survey of the house8 hold goods to be transported by the covered car9 rier— 

10 (i) in person; or 

11 (ii) virtually, using— 

12 (I) a remote camera; or 

13 (II) another appropriate tech14 nology; 

15 (B) to offer a visual survey described in 

16 subparagraph (A) for all household goods ship17 ments, regardless of the distance between— 

18 (i) the location of the household goods; 

19 and 

20 (ii) the location of the agent of the cov21 ered carrier preparing the estimate; and 

22 (C) to provide to each shipper a copy of 

23 publication of the Administration titled ‘‘Ready 

24 to Move–Tips for a Successful Interstate Move’’ 

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1 quest to schedule, or a waiver of, a visual survey 

2 offered under subparagraph (B). 

3 (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), 

4 and 375.405(b)(7)(ii), and subpart D of appendix A 

5 of part 375, to require that, in any case in which a 

6 shipper tenders any additional item or requests any 

7 additional service prior to loading a shipment, the af8 fected covered carrier shall— 

9 (A) prepare a new estimate; and 

10 (B) maintain a record of the date, time, 

11 and manner in which the new estimate was ac12 cepted by the shipper. 

13 (6) Section 375.501(a), to establish that a cov14 ered carrier is not required to provide to a shipper 

15 an order for service if the covered carrier elects to pro16 vide the information described in paragraphs (1) 

17 through (15) of such section in a bill of lading that 

18 is presented to the shipper before the covered carrier 

19 receives the shipment. 

20 (7) Subpart H of part 375, to replace the replace 

21 the terms ‘‘freight bill’’ and ‘‘expense bill’’ with the 

22 term ‘‘invoice’’. 


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1 Subtitle C—Commercial Motor 

2 Vehicle Driver Safety 

3 SEC. 4301. COMMERCIAL DRIVER’S LICENSE FOR PAS4 SENGER CARRIERS. 

5 Section 31301(4)(B) of title 49, United States Code, 

6 is amended to read as follows: 

7 ‘‘(B) is designed or used to transport— 

8 ‘‘(i) more than 8 passengers (including 

9 the driver) for compensation; or 

10 ‘‘(ii) more than 15 passengers (includ11 ing the driver), whether or not the transpor12 tation is provided for compensation; or’’. 

13 SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TEST14 ING. 

15 Section 31306(c)(2) of title 49, United States Code, is 

16 amended by striking ‘‘, for urine testing,’’. 

17 SEC. 4303. ENTRY-LEVEL DRIVER TRAINING. 

18 Not later than January 1, 2021, and every 90 days 

19 thereafter until the compliance date for the final rule pub20 lished on December 8, 2016, titled ‘‘Minimum Training Re21 quirements for Entry-Level Commercial Motor Vehicle Op22 erators’’ (81 Fed. Reg. 88732), the Secretary shall submit 

23 to the Committee on Transportation and Infrastructure of 

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1 merce, Science, and Transportation of the Senate a report 

2 on— 

3 (1) a schedule, including benchmarks, to com4 plete implementation of the requirements under such 

5 final rule; 

6 (2) any anticipated delays, if applicable, in 

7 meeting the benchmarks described in paragraph (1); 

8 (3) the progress that the Secretary has made in 

9 updating the Department of Transportation’s infor10 mation technology infrastructure to support the train11 ing provider registry; 

12 (4) a list of States that have adopted laws or 

13 regulations to implement such final rule; and 

14 (5) a list of States, if applicable, that are imple15 menting the rule and confirming that an applicant 

16 for a commercial driver’s license has complied with 

17 the requirements. 

18 SEC. 4304. DRIVER DETENTION TIME. 

19 (a) DATA COLLECTION.—Not later than 30 days after 

20 the date of enactment of this Act, the Secretary shall— 

21 (1) begin to collect data on delays experienced by 

22 operators of commercial motor vehicles, as required 

23 under section 5501 of the FAST Act (49 U.S.C. 14103 

24 note) and as referenced in the request for information 

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1 mation Concerning Commercial Motor Vehicle Driver 

2 Detention Times During Loading and Unloading’’ 

3 (84 Fed. Reg. 26932); and 

4 (2) make such data available on a publicly ac5 cessible website of the Department of Transportation. 

6 (b) DETENTION TIME LIMITS.— 

7 (1) RULEMAKING.—Not later than 1 year after 

8 the date of enactment of this Act, the Secretary shall 

9 initiate a rulemaking to establish limits on the 

10 amount of time that an operator of a commercial 

11 motor vehicle may be reasonably detained by a ship12 per or receiver before the loading or unloading of the 

13 vehicle, if the operator is not compensated for such 

14 time detained. 

15 (2) CONTENTS.—As part of the rulemaking con16 ducted pursuant to subsection (a), the Secretary 

17 shall— 

18 (A) consider the diverse nature of operations 

19 in the movement of goods by commercial motor 

20 vehicle; 

21 (B) examine any correlation between time 

22 detained and violations of the hours-of-service 

23 rules under part 395 of title 49, Code of Federal 

24 Regulations; 


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1 (C) determine whether the effect of detention 

2 time on safety differs based on— 

3 (i) how an operator is compensated; 

4 and 

5 (ii) the contractual relationship be6 tween the operator and the motor carrier, 

7 including whether an operator is an em8 ployee, a leased owner-operator, or an 

9 owner-operator with independent authority; 

10 and 

11 (D) establish a process for a motor carrier, 

12 shipper, receiver, broker, or commercial motor 

13 vehicle operator to report instances of time de14 tained beyond the Secretary’s established limits. 

15 (3) INCORPORATION OF INFORMATION.—The Sec16 retary shall incorporate information received under 

17 paragraph (2)(D) into the process established pursu18 ant to subsection (a) once a final rule takes effect. 

19 (c) DATA PROTECTION.—Data made available pursu20 ant to this section shall be made available in a manner 

21 that— 

22 (1) precludes the connection of the data to any 

23 individual motor carrier or commercial motor vehicle 

24 operator; and 


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1 (2) protects privacy and confidentiality of indi2 viduals, operators, and motor carriers submitting the 

3 data. 

4 (d) COMMERCIAL MOTOR VEHICLE DEFINED.—In this 

5 section, the term ‘‘commercial motor vehicle’’ has the mean6 ing given such term in section 31101 of title 49, United 

7 States Code. 

8 SEC. 4305. TRUCK LEASING TASK FORCE. 

9 (a) ESTABLISHMENT.—Not later than 6 months after 

10 the date of enactment of this Act, the Secretary of Transpor11 tation, in consultation with the Secretary of Labor, shall 

12 establish a Truck Leasing Task Force (hereinafter referred 

13 to as the ‘‘Task Force’’). 

14 (b) MEMBERSHIP.—The Secretary of Transportation 

15 shall select not more than 15 individuals to serve as mem16 bers of the Task Force, including equal representation from 

17 each of the following: 

18 (1) Labor organizations. 

19 (2) The motor carrier industry, including inde20 pendent owner-operators. 

21 (3) Consumer protection groups. 

22 (4) Safety groups. 

23 (5) Members of the legal profession who spe24 cialize in consumer finance issues. 


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1 (c) DUTIES.—The Task Force shall examine, at a min2 imum— 

3 (1) common truck leasing arrangements avail4 able to commercial motor vehicle drivers, including 

5 lease-purchase agreements; 

6 (2) the terms of such leasing agreements; 

7 (3) the prevalence of predatory leasing agree8 ments in the motor carrier industry; 

9 (4) specific agreements available to drayage driv10 ers at ports related to the Clean Truck Program or 

11 similar programs to decrease emissions from port op12 erations; 

13 (5) the impact of truck leasing agreements on the 

14 net compensation of commercial motor vehicle drivers, 

15 including port drayage drivers; 

16 (6) resources to assist commercial motor vehicle 

17 drivers in assessing the impacts of leasing agreements; 

18 and 

19 (7) the classification of commercial motor vehicle 

20 drivers under lease-purchase agreements. 

21 (d) COMPENSATION.—A member of the Task Force 

22 shall serve without compensation. 

23 (e) REPORT.—Upon completion of the examination de24 scribed in subsection (c), the Task Force shall submit to the 


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1 Secretary of Transportation, Secretary of Labor, and ap2 propriate congressional committees a report containing— 

3 (1) the findings of the Task Force on the matters 

4 described in subsection (c); 

5 (2) best practices related to— 

6 (A) assisting a commercial motor vehicle 

7 driver in assessing the impacts of leasing agree8 ments prior to entering into such agreements; 

9 and 

10 (B) assisting a commercial motor vehicle 

11 driver who has entered into a predatory lease 

12 agreement; and 

13 (3) recommendations on changes to laws or regu14 lations, as applicable, at the Federal, State, or local 

15 level to promote fair leasing agreements under which 

16 a commercial motor vehicle driver is able to earn a 

17 living wage. 

18 (f) TERMINATION.—Not later than 1 month after the 

19 date of submission of the report pursuant to subsection (e), 

20 the Task Force shall terminate. 

21 SEC. 4306. HOURS OF SERVICE. 

22 (a) AUTHORITY TO ISSUE REGULATIONS.—Notwith23 standing the authority of the Secretary of Transportation 

24 to issue regulations under section 31502 of title 49, United 

25 States Code, the Secretary shall delay the effective date of 


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1 the final rule published on June 1, 2020, titled ‘‘Hours of 

2 Service of Drivers’’ (85 Fed. Reg. 33396) until 60 days after 

3 the date on which the Secretary submits the report required 

4 under subsection (d). 

5 (b) COMPREHENSIVE REVIEW.— 

6 (1) COMPREHENSIVE REVIEW OF HOURS OF

7 SERVICE RULES.—Not later than 60 days after the 

8 date of enactment of this Act, the Secretary shall ini9 tiate a comprehensive review of hours of service rules 

10 and the impacts of waivers, exemptions, and other al11 lowances that limit the applicability of such rules. 

12 (2) LIST OF EXEMPTIONS.—In carrying out the 

13 comprehensive review required under paragraph (1), 

14 the Secretary shall— 

15 (A) compile a list of waivers, exemptions, 

16 and other allowances— 

17 (i) under which a driver may operate 

18 in excess of the otherwise applicable limits 

19 on on-duty or driving time in absence of 

20 such exemption, waiver, or other allowance; 

21 (ii) under which a driver may operate 

22 without recording compliance with hours of 

23 service rules through the use of an electronic 

24 logging device; and 

25 (iii) applicable— 


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1 (I) to specific segments of the 

2 motor carrier industry or sectors of the 

3 economy; 

4 (II) on a periodic or seasonal 

5 basis; and 

6 (III) to specific types of oper7 ations, including the short haul exemp8 tion under part 395 of title 49, Code of 

9 Federal Regulations; 

10 (B) specify whether each such waiver, ex11 emption, or other allowance was granted by the 

12 Department of Transportation or enacted by 

13 Congress, and how long such waiver, exemption, 

14 or other allowance has been in effect; and 

15 (C) estimate the number of motor carriers, 

16 motor private carriers, and drivers that may 

17 qualify to use each waiver, exemption, or other 

18 allowance. 

19 (3) SAFETY IMPACT ANALYSIS.— 

20 (A) IN GENERAL.—In carrying out the com21 prehensive review under paragraph (1), the Sec22 retary, in consultation with State motor carrier 

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1 tions, waivers, or other allowances compiled 

2 under paragraph (2) by— 

3 (i) using available data, or collecting 

4 from motor carriers or motor private car5 riers and drivers operating under an ex6 emption, waiver, or other allowance if the 

7 Secretary does not have sufficient data, to 

8 determine the incidence of accidents, fa9 tigue-related incidents, and other relevant 

10 safety information related to hours of serv11 ice among motor carriers, private motor 

12 carriers, and drivers permitted to operate 

13 under each exemption, waiver, or other al14 lowance; 

15 (ii) comparing the data described in 

16 subparagraph (A) to safety data from motor 

17 carriers, motor private carriers, and drivers 

18 that are subject to the hours of service rules 

19 and not operating under an exemption, 

20 waiver, or other allowance; and 

21 (iii) based on the comparison under 

22 subparagraph (B), determining whether 

23 waivers, exemptions, and other allowances 

24 in effect provide an equivalent level of safety 


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1 as would exist in the absence of exemptions, 

2 waivers, or other allowances. 

3 (B) CONSULTATION.—The Secretary shall 

4 consult with State motor carrier enforcement en5 tities in carrying out this paragraph. 

6 (C) EXCLUSIONS.—The Secretary shall ex7 clude data related to exemptions, waivers, or 

8 other allowances made pursuant to an emergency 

9 declaration under section 390.23 of title 49, Code 

10 of Federal Regulations, or extended under section 

11 390.25 of title 49, Code of Federal Regulations, 

12 from the analysis required under this paragraph. 

13 (4) DRIVER IMPACT ANALYSIS.—In carrying out 

14 the comprehensive review under paragraph (1), the 

15 Secretary shall further consider— 

16 (A) data on driver detention collected by the 

17 Secretary pursuant to section 4304 of this Act 

18 and other conditions affecting the movement of 

19 goods by commercial motor vehicle, and how 

20 such conditions interact with the Secretary’s reg21 ulations on hours of service; 

22 (B) whether exemptions, waivers, or other 

23 allowances that permit additional on-duty time 

24 or driving time have a deleterious effect on the 

25 physical condition of drivers; and 


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1 (C) whether differences in the manner in 

2 which drivers are compensated result in different 

3 levels of burden for drivers in complying with 

4 hours of service rules. 

5 (c) PEER REVIEW.—Prior to the publication of the re6 view required under subsection (d), the analyses performed 

7 by the Secretary shall undergo an independent peer review. 

8 (d) PUBLICATION.—Not later than 18 months after the 

9 date that the Secretary initiates the comprehensive review 

10 under subsection (b)(1), the Secretary shall publish the find11 ings of such review in the Federal Register and provide for 

12 a period for public comment. 

13 (e) REPORT TO CONGRESS.—Not later than 30 days 

14 after the conclusion of the public comment period under 

15 subsection (d), the Secretary shall submit to the Committee 

16 on Commerce, Science, and Transportation and the Com17 mittee on Environment and Public Works of the Senate and 

18 the Committee on Transportation and Infrastructure of the 

19 House of Representatives and make publicly available on 

20 a website of the Department of Transportation a report con21 taining the information and analyses required under sub22 section (b). 

23 (f) REPLACEMENT OF GUIDANCE.—Notwithstanding 

24 subsection (a), the Secretary shall replace the Department 

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1 tled ‘‘Hours of Service of Drivers of Commercial Motor Ve2 hicles: Regulatory Guidance Concerning the Use of a Com3 mercial Motor Vehicle for Personal Conveyance’’ (83 Fed. 

4 Reg. 26377) with specific mileage or time limits, or both, 

5 for the use of personal conveyance established through a 

6 rulemaking. 

7 (g) DEFINITIONS.—In this section: 

8 (1) MOTOR CARRIER; MOTOR PRIVATE CAR9 RIER.—The terms ‘‘motor carrier’’ and ‘‘motor pri10 vate carrier’’ have the meanings given such terms in 

11 section 31501 of title 49, United States Code. 

12 (2) ON-DUTY TIME; DRIVING TIME; ELECTRONIC

13 LOGGING DEVICE.—The terms ‘‘on-duty time’’, ‘‘driv14 ing time’’, and ‘‘electronic logging device’’ have the 

15 meanings given such terms in section 395.2 of title 

16 49, Code of Federal Regulations (as in effect on June 

17 1, 2020). 

18 SEC. 4307. DRIVER RECRUITMENT. 

19 (a) IN GENERAL.—Not later than 1 year after the date 

20 of enactment of this Act, the inspector general of the Depart21 ment of Transportation shall submit to the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives and the Committee on Commerce, Science, and 

24 Transportation of the Senate a report examining the oper25 ation of commercial motor vehicles in the United States by 


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1 drivers admitted to the United States under temporary 

2 business visas. 

3 (b) CONTENTS.—The report under paragraph (1) shall 

4 include— 

5 (1) an assessment of— 

6 (A) the prevalence of the operation of com7 mercial motor vehicles in the United States by 

8 drivers admitted to the United States under tem9 porary business visas; 

10 (B) the characteristics of motor carriers 

11 that recruit and use such drivers, including the 

12 country of domicile of the motor carrier or sub13 sidiary; 

14 (C) the demographics of drivers operating 

15 in the United States under such visas, including 

16 the country of domicile of such drivers; and 

17 (D) the contractual relationship between 

18 such motor carriers and such drivers; 

19 (2) an analysis of whether such drivers are re20 quired to comply with— 

21 (A) motor carrier safety regulations under 

22 subchapter B of chapter III of title 49, Code of 

23 Federal Regulations, including— 


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1 (i) the English proficiency requirement 

2 under section 391.11(2) of title 49, Code of 

3 Federal Regulations; 

4 (ii) the requirement for drivers of a 

5 motor carrier to report any violations of a 

6 regulation to such motor carrier under sec7 tion 391.27 of title 49, Code of Federal Reg8 ulations; and 

9 (iii) driver’s licensing requirements 

10 under part 383 of title 49, Code of Federal 

11 Regulations, including entry-level driver 

12 training and drug and alcohol testing under 

13 part 382 of such title; and 

14 (B) regulations prohibiting point-to-point 

15 transportation in the United States, or cabotage, 

16 under part 365 of title 49, Code of Federal Regu17 lations; 

18 (3) an evaluation of the safety record of the oper19 ations and drivers described in paragraph (1), in20 cluding— 

21 (A) violations of the motor carrier safety 

22 regulations under subchapter B of chapter III of 

23 title 49, Code of Federal Regulations, including 

24 applicable requirements described in paragraph 

25 (2)(A); and 


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1 (B) the number of crashes involving such 

2 operations and drivers; and 

3 (4) the impact of such operations and drivers 

4 on— 

5 (A) commercial motor vehicle drivers domi6 ciled in the United States, including employment 

7 levels and driver compensation of such drivers; 

8 and 

9 (B) the competitiveness of motor carriers 

10 domiciled in the United States. 

11 (c) DEFINITIONS.—In this section: 

12 (1) COMMERCIAL MOTOR VEHICLE.—In this sec13 tion, the term ‘‘commercial motor vehicle’’ has the 

14 meaning given such term in section 31101 of title 49, 

15 United States Code. 

16 (2) TEMPORARY BUSINESS VISA.—The term 

17 ‘‘temporary business visa’’ means any driver who is 

18 present in the United States with status under section 

19 101(a)(15)(H)(i)(b) of the Immigration and Nation20 ality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)). 

21 SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA. 

22 (a) IN GENERAL.—Not later than 6 months after the 

23 date of enactment of this Act, the Secretary of Transpor24 tation shall— 


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1 (1) assess the risk posed by untreated obstructive 

2 sleep apnea in drivers of commercial motor vehicles 

3 and the feasibility, benefits, and costs associated with 

4 establishing screening criteria for obstructive sleep 

5 apnea in drivers of commercial motor vehicles; 

6 (2) issue a notice in the Federal Register con7 taining the independently peer-reviewed findings of 

8 the assessment required under paragraph (1) not later 

9 than 30 days after completion of the assessment and 

10 provide an opportunity for public comment; and 

11 (3) if the Secretary contracts with an inde12 pendent third party to conduct the assessment re13 quired under paragraph (1), ensure that the inde14 pendent third party shall not have any financial or 

15 contractual ties or relationship with a motor carrier 

16 that transports passengers or property for compensa17 tion, the motor carrier industry, or driver advocacy 

18 organizations. 

19 (b) SCREENING CRITERIA.— 

20 (1) IN GENERAL.—Not later than 12 months 

21 after the date of enactment of this Act, the Secretary 

22 shall publish in the Federal Register a proposed rule 

23 to establish screening criteria for obstructive sleep 

24 apnea in commercial motor vehicle drivers and pro25 vide an opportunity for public comment. 


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1 (2) FINAL RULE.—Not later than 2 years after 

2 the date of enactment of this Act, the Secretary shall 

3 issue a final rule to establish screening criteria for ob4 structive sleep apnea in commercial motor vehicle 

5 drivers. 

6 (c) DEFINITIONS.—In this section: 

7 (1) COMMERCIAL MOTOR VEHICLE.—The term 

8 ‘‘commercial motor vehicle’’ has the meaning given 

9 such term in section 31132 of title 49, United States 

10 Code. 

11 (2) MOTOR CARRIER.—The term ‘‘motor carrier’’ 

12 has the meaning given such term in section 13102 of 

13 title 49, United States Code. 

14 SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD. 

15 (a) SHORT TITLE.—This section may be cited as the 

16 ‘‘Promoting Women in Trucking Workforce Act’’. 

17 (b) FINDINGS.—Congress finds that— 

18 (1) women make up 47 percent of the workforce 

19 of the United States; 

20 (2) women are significantly underrepresented in 

21 the trucking industry, holding only 24 percent of all 

22 transportation and warehousing jobs and representing 

23 only— 

24 (A) 6.6 percent of truck drivers; 


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1 (B) 12.5 percent of all workers in truck 

2 transportation; and 

3 (C) 8 percent of freight firm owners; 

4 (3) given the total number of women truck driv5 ers, women are underrepresented in the truck-driving 

6 workforce; and 

7 (4) women truck drivers have been shown to be 

8 20 percent less likely than male counterparts to be in9 volved in a crash. 

10 (c) SENSE OF CONGRESS REGARDING WOMEN IN

11 TRUCKING.—It is the sense of Congress that the trucking 

12 industry should explore every opportunity, including driver 

13 training and mentorship programs, to encourage and sup14 port the pursuit of careers in trucking by women. 

15 (d) ESTABLISHMENT.—To encourage women to enter 

16 the field of trucking, the Administrator shall establish and 

17 facilitate an advisory board, to be known as the ‘‘Women 

18 of Trucking Advisory Board’’, to promote organizations and 

19 programs that— 

20 (1) provide education, training, mentorship, or 

21 outreach to women in the trucking industry; and 

22 (2) recruit women into the trucking industry. 

23 (e) MEMBERSHIP.— 

24 (1) IN GENERAL.—The Board shall be composed 

25 of not fewer than 7 members whose backgrounds allow 


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1 those members to contribute balanced points of view 

2 and diverse ideas regarding the strategies and objec3 tives described in subsection (f)(2). 

4 (2) APPOINTMENT.—Not later than 270 days 

5 after the date of enactment of this Act, the Adminis6 trator shall appoint the members of the Board, of 

7 whom— 

8 (A) not fewer than 1 shall be a representa9 tive of large trucking companies; 

10 (B) not fewer than 1 shall be a representa11 tive of mid-sized trucking companies; 

12 (C) not fewer than 1 shall be a representa13 tive of small trucking companies; 

14 (D) not fewer than 1 shall be a representa15 tive of nonprofit organizations in the trucking 

16 industry; 

17 (E) not fewer than 1 shall be a representa18 tive of trucking business associations; 

19 (F) not fewer than 1 shall be a representa20 tive of independent owner-operators; and 

21 (G) not fewer than 1 shall be a woman who 

22 is a professional truck driver. 

23 (3) TERMS.—Each member shall be appointed 

24 for the life of the Board. 


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1 (4) COMPENSATION.—A member of the Board 

2 shall serve without compensation. 

3 (f) DUTIES.— 

4 (1) IN GENERAL.—The Board shall identify— 

5 (A) industry trends that directly or indi6 rectly discourage women from pursuing careers 

7 in trucking, including— 

8 (i) any differences between women mi9 nority groups; 

10 (ii) any differences between women 

11 who live in rural, suburban, and urban 

12 areas; and 

13 (iii) any safety risks unique to the 

14 trucking industry; 

15 (B) ways in which the functions of trucking 

16 companies, nonprofit organizations, and truck17 ing associations may be coordinated to facilitate 

18 support for women pursuing careers in trucking; 

19 (C) opportunities to expand existing oppor20 tunities for women in the trucking industry; and 

21 (D) opportunities to enhance trucking 

22 training, mentorship, education, and outreach 

23 programs that are exclusive to women. 

24 (2) REPORT.—Not later than 18 months after the 

25 date of enactment of this Act, the Board shall submit 


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1 to the Administrator a report describing strategies 

2 that the Administrator may adopt— 

3 (A) to address any industry trends identi4 fied under paragraph (1)(A); 

5 (B) to coordinate the functions of trucking 

6 companies, nonprofit organizations, and truck7 ing associations in a manner that facilitates 

8 support for women pursuing careers in trucking; 

9 (C) to— 

10 (i) take advantage of any opportunities 

11 identified under paragraph (1)(C); and 

12 (ii) create new opportunities to expand 

13 existing scholarship opportunities for 

14 women in the trucking industry; and 

15 (D) to enhance trucking training, 

16 mentorship, education, and outreach programs 

17 that are exclusive to women. 

18 (g) REPORT TO CONGRESS.— 

19 (1) IN GENERAL.—Not later than 2 years after 

20 the date of enactment of this Act, the Administrator 

21 shall submit to the Committee on Commerce, Science, 

22 and Transportation of the Senate and the Committee 

23 on Transportation and Infrastructure of the House of 

24 Representatives a report describing— 


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1 (A) any strategies recommended by the 

2 Board under subsection (f)(2); and 

3 (B) any actions taken by the Administrator 

4 to adopt the strategies recommended by the 

5 Board (or an explanation of the reasons for not 

6 adopting the strategies). 

7 (2) PUBLIC AVAILABILITY.—The Administrator 

8 shall make the report under paragraph (1) publicly 

9 available— 

10 (A) on the website of the Federal Motor Car11 rier Safety Administration; and 

12 (B) in appropriate offices of the Federal 

13 Motor Carrier Safety Administration. 

14 (h) TERMINATION.—The Board shall terminate on sub15 mission of the report to Congress under subsection (g). 

16 (i) DEFINITIONS.—In this section: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Federal Motor 

19 Carrier Safety Administration. 

20 (2) BOARD.—The term ‘‘Board’’ means the 

21 Women of Trucking Advisory Board established under 

22 subsection (d). 

23 (3) LARGE TRUCKING COMPANY.—The term 

24 ‘‘large trucking company’’ means a motor carrier (as 

25 defined in section 13102 of title 49, United States 


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1 Code) with an annual revenue greater than 

2 $1,000,000,000. 

3 (4) MID-SIZED TRUCKING COMPANY.—The term 

4 ‘‘mid-sized trucking company’’ means a motor carrier 

5 (as defined in section 13102 of title 49, United States 

6 Code) with an annual revenue of not less than 

7 $35,000,000 and not greater than $1,000,000,000. 

8 (5) SMALL TRUCKING COMPANY.—The term 

9 ‘‘small trucking company’’ means a motor carrier (as 

10 defined in section 13102 of title 49, United States 

11 Code) with an annual revenue less than $35,000,000. 

12 Subtitle D—Commercial Motor 

13 Vehicle and Schoolbus Safety 

14 SEC. 4401. SCHOOLBUS SAFETY STANDARDS. 

15 (a) SCHOOLBUS SEATBELTS.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this Act, the Secretary shall 

18 issue a notice of proposed rulemaking to consider re19 quiring large schoolbuses to be equipped with safety 

20 belts for all seating positions, if the Secretary deter21 mines that such standards meet the requirements and 

22 considerations set forth in subsections (a) and (b) of 

23 section 30111 of title 49, United States Code. 


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1 (2) CONSIDERATIONS.—In issuing a notice of 

2 proposed rulemaking under paragraph (1), the Sec3 retary shall consider— 

4 (A) the safety benefits of a lap/shoulder belt 

5 system (also known as a Type 2 seatbelt assem6 bly); 

7 (B) the recommendations of the National 

8 Transportation Safety Board on seatbelts in 

9 schoolbuses; 

10 (C) existing experience, including analysis 

11 of student injuries and fatalities compared to 

12 States without seat belt laws, and seat belt usage 

13 rates, from States that require schoolbuses to be 

14 equipped with seatbelts, including Type 2 seat15 belt assembly; and 

16 (D) the impact of lap/shoulder belt systems 

17 on emergency evacuations, with a focus on emer18 gency evacuations involving students below the 

19 age of 14, and emergency evacuations neces20 sitated by fire or water submersion; and 

21 (E) the impact of lap/shoulder belt systems 

22 on the overall availability of schoolbus transpor23 tation. 

24 (3) REPORT.—If the Secretary determines that a 

25 standard described in paragraph (1) does not meet 


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1 the requirements and considerations set forth in sub2 sections (a) and (b) of section 30111 of title 49, 

3 United States Code, the Secretary shall submit to the 

4 Committee on Transportation and Infrastructure of 

5 the House of Representatives and the Committee on 

6 Commerce, Science, and Transportation of the Senate 

7 a report that describes the reasons for not prescribing 

8 such a standard. 

9 (4) APPLICATION OF REGULATIONS.—Any regu10 lation issued based on the notice of proposed rule11 making described in paragraph (1) shall apply to 

12 schoolbuses manufactured more than 3 years after the 

13 date on which the regulation takes effect. 

14 (b) AUTOMATIC EMERGENCY BRAKING.—Not later 

15 than 2 years after the date of enactment of this Act, the 

16 Secretary shall— 

17 (1) prescribe a motor vehicle safety standard 

18 under section 30111 of title 49, United States Code, 

19 that requires all schoolbuses manufactured after the 

20 effective date of such standard to be equipped with an 

21 automatic emergency braking system; and 

22 (2) as part of such standard, establish perform23 ance requirements for automatic emergency braking 

24 systems, including operation of such systems. 


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1 (c) ELECTRONIC STABILITY CONTROL.—Not later than 

2 2 years after the date of enactment of this Act, the Secretary 

3 shall— 

4 (1) prescribe a motor vehicle safety standard 

5 under section 30111 of title 49, United States Code, 

6 that requires all schoolbuses manufactured after the 

7 effective date of such standard to be equipped with an 

8 electronic stability control system (as such term is de9 fined in section 571.136 of title 49, Code of Federal 

10 Regulations (as in effect on the date of enactment of 

11 this Act)); and 

12 (2) as part of such standard, establish perform13 ance requirements for electronic stability control sys14 tems, including operation of such systems. 

15 (d) FIRE PREVENTION AND MITIGATION.— 

16 (1) RESEARCH AND TESTING.—The Secretary 

17 shall conduct research and testing to determine the 

18 most prevalent causes of schoolbus fires and the best 

19 methods to prevent such fires and to mitigate the ef20 fect of such fires, both inside and outside the school21 bus. Such research and testing shall consider— 

22 (A) fire suppression systems standards, 

23 which at a minimum prevent engine fires; 

24 (B) firewall standards to prevent gas or 

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1 ment in schoolbuses with engines that extend be2 yond the firewall; and 

3 (C) interior flammability and smoke emis4 sions characteristics standards. 

5 (2) STANDARDS.—The Secretary may issue fire 

6 prevention and mitigation standards for schoolbuses, 

7 based on the results of the Secretary’s research and 

8 testing under paragraph (1), if the Secretary deter9 mines that such standards meet the requirements and 

10 considerations set forth in subsections (a) and (b) of 

11 section 30111 of title 49, United States Code. 

12 (e) DEFINITIONS.—In this section: 

13 (1) AUTOMATIC EMERGENCY BRAKING.—The 

14 term ‘‘automatic emergency braking’’ means a crash 

15 avoidance system installed and operational in a vehi16 cle that consists of— 

17 (A) a forward warning function— 

18 (i) to detect vehicles and objects ahead 

19 of the vehicle; and 

20 (ii) to alert the operator of an impend21 ing collision; and 

22 (B) a crash-imminent braking function to 

23 provide automatic braking when forward-looking 

24 sensors of the vehicle indicate that— 

25 (i) a crash is imminent; and 


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1 (ii) the operator of the vehicle is not 

2 applying the brakes. 

3 (2) LARGE SCHOOLBUS.—The term ‘‘large school4 bus’’ means a schoolbus with a gross vehicle weight 

5 rating of more than 10,000 pounds. 

6 (3) SCHOOLBUS.—The term ‘‘schoolbus’’ has the 

7 meaning given such term in section 30125(a) of title 

8 49, United States Code. 

9 SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES. 

10 (a) REVIEW OF ILLEGAL PASSING LAWS.— 

11 (1) IN GENERAL.—Not later than 2 years after 

12 the date of enactment of this Act, the Secretary of 

13 Transportation shall— 

14 (A) prepare a compilation of illegal passing 

15 laws in all States, including levels of enforce16 ment and penalties and enforcement issues with 

17 such laws and the impact of such laws on illegal 

18 passing of schoolbuses in each State; 

19 (B) review existing State laws that may in20 hibit effective schoolbus loading zone counter21 measures, which may include laws requiring 

22 camera visibility of a driver’s face for enforce23 ment action, laws that may reduce stop-arm 

24 camera effectiveness, the need for an officer to 


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1 witness the event for enforcement, and the lack of 

2 primary enforcement for texting and driving; 

3 (C) evaluate methods used by States to re4 view, document, and report to law enforcement 

5 schoolbus stop-arm violations; and 

6 (D) following the completion of the compila7 tion, issue recommendations on best practices on 

8 the most effective approaches to address illegal 

9 passing of schoolbuses. 

10 (2) PUBLICATION.—The compilation and rec11 ommendations prepared under paragraph (1) shall be 

12 made publicly available on the website of the Depart13 ment of Transportation. 

14 (b) PUBLIC SAFETY MESSAGING CAMPAIGN.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date on which the Secretary makes the compila17 tion and recommendations under subsection (a)(2) 

18 publicly available, the Secretary shall create and exe19 cute a public safety messaging campaign for distribu20 tion to States, divisions of motor vehicles, schools, and 

21 other public outlets to highlight the dangers of the ille22 gal passing of schoolbuses, and should include edu23 cating students and the public on safe loading and 

24 unloading of schoolbuses. 


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1 (2) CONSULTATION.—The Secretary shall consult 

2 with public and private schoolbus industry represent3 atives and States in developing the campaign mate4 rials. 

5 (3) UPDATE.—The Secretary shall periodically 

6 update such materials. 

7 (c) REVIEW OF TECHNOLOGIES.— 

8 (1) IN GENERAL.—Not later than 2 years after 

9 the date of enactment of this Act, the Secretary shall 

10 review and evaluate the effectiveness of various tech11 nologies to enhance schoolbus safety, including cam12 eras, audible warning systems, enhanced lighting, and 

13 other technological solutions. 

14 (2) CONTENT.—The review under paragraph 

15 (1)— 

16 (A) shall include an evaluation of the costs 

17 of new equipment and the potential impact on 

18 overall schoolbus ridership; 

19 (B) shall include an evaluation of advanced 

20 technologies surrounding loading zone safety; 

21 (C) shall include an evaluation of motion22 activated detection systems that are capable of— 

23 (i) detecting pedestrians, bicyclists, 

24 and other road users located near the exte25 rior of the schoolbus; and 


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1 (ii) alerting the operator of the school2 bus of the road users described in clause (i); 

3 (D) shall include an evaluation of schoolbus 

4 lighting systems, to ensure clear communication 

5 to surrounding drivers on their appropriate ac6 tion; and 

7 (E) may include other technological solu8 tions that enhance schoolbus safety. 

9 (3) CONSULTATION.—The Secretary shall consult 

10 with manufacturers of schoolbus vehicles, manufactur11 ers of various technologies, and school bus industry 

12 representatives in conducting the review under para13 graph (1). 

14 (4) PUBLICATION.—The Secretary shall make the 

15 findings of the review under paragraph (1) publicly 

16 available on the website of the Department. 

17 (d) REVIEW OF DRIVER EDUCATION MATERIALS.— 

18 (1) IN GENERAL.—Not later than 2 years after 

19 the date of enactment of this Act, the Secretary 

20 shall— 

21 (A) review driver education materials 

22 across all States to determine whether and how 

23 illegal passing of schoolbuses is addressed in 

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1 mercial driver’s license testing, and road tests; 

2 and 

3 (B) make recommendations on how States 

4 can improve education about illegal passing of 

5 schoolbuses, particularly with new drivers. 

6 (2) CONSULTATION.—The Secretary shall consult 

7 with schoolbus industry representatives, States, motor 

8 vehicle administrators, and other appropriate motor 

9 vehicle experts in the preparation of the review under 

10 paragraph (1). 

11 (3) PUBLICATION.—The Secretary shall make the 

12 findings of the review under paragraph (1) publicly 

13 available on the website of the Department. 

14 (e) REVIEW OF OTHER SAFETY ISSUES.— 

15 (1) IN GENERAL.—Not later than 2 years after 

16 the date of enactment of this Act, the Secretary 

17 shall— 

18 (A) research the connections between illegal 

19 passing of schoolbuses and other safety issues, in20 cluding distracted driving, morning darkness, 

21 poor visibility, illumination and reach of vehicle 

22 headlights, speed limits, and schoolbus stop loca23 tions in rural areas; and 

24 (B) create a report containing the findings. 


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1 (2) PUBLICATION.—The Secretary shall make the 

2 report created under paragraph (1)(B) publicly avail3 able on the website of the Department. 

4 SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING 

5 COMMERCIAL MOTOR VEHICLES. 

6 (a) IN GENERAL.—Not later than 2 years after the 

7 date of enactment of this Act, the Secretary of Transpor8 tation shall issue a final rule based on the advance notice 

9 of proposed rulemaking published on April 27, 2016, titled 

10 ‘‘State Inspection Programs for Passenger-Carrier Vehicles’’ 

11 (81 Fed. Reg. 24769). 

12 (b) CONSIDERATIONS.—In issuing a final rule under 

13 subsection (a), the Secretary shall consider the impact of 

14 continuing to allow self-inspection as a means to satisfy 

15 periodic inspection requirements on the safety of passenger 

16 carrier operations. 

17 SEC. 4404. AUTOMATIC EMERGENCY BRAKING. 

18 (a) FEDERAL MOTOR VEHICLE SAFETY STANDARD.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, the Secretary of 

21 Transportation shall— 

22 (A) prescribe a motor vehicle safety stand23 ard under section 30111 of title 49, United 

24 States Code, that requires all commercial motor 

25 vehicles manufactured after the effective date of 


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1 such standard to be equipped with an automatic 

2 emergency braking system; and 

3 (B) as part of such standard, establish per4 formance requirements for automatic emergency 

5 braking systems, including operation of such sys6 tems in a variety of driving conditions. 

7 (2) CONSIDERATIONS.—Prior to prescribing the 

8 standard required under paragraph (1)(A), the Sec9 retary shall— 

10 (A) conduct a review of automatic emer11 gency braking systems in use in commercial 

12 motor vehicles and address any identified defi13 ciencies with such systems in the rulemaking 

14 proceeding to prescribe the standard, if prac15 ticable; 

16 (B) assess the feasibility of updating the 

17 software of emergency braking systems in use in 

18 commercial motor vehicles to address any defi19 ciencies and to enable such systems to meet the 

20 new standard; and 

21 (C) consult with representatives of commer22 cial motor vehicle drivers regarding the experi23 ences of drivers with automatic emergency brak24 ing systems in use in commercial motor vehicles, 


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1 including malfunctions or unwarranted activa2 tions of such systems. 

3 (3) COMPLIANCE DATE.—The Secretary shall en4 sure that the compliance date of the standard pre5 scribed pursuant to paragraph (1) shall be not later 

6 than 2 years after the date of publication of the final 

7 rule prescribing such standard. 

8 (b) FEDERAL MOTOR CARRIER SAFETY REGULA9 TION.—Not later than 1 year after the date of enactment 

10 of this Act, the Secretary shall issue a regulation under sec11 tion 31136 of title 49, United States Code, that requires 

12 that an automatic emergency braking system installed in 

13 a commercial motor vehicle that is in operation on or after 

14 the effective date of the standard prescribed under subsection 

15 (a) be used at any time during which such commercial 

16 motor vehicle is in operation. 

17 (c) DEFINITIONS.—In this section: 

18 (1) AUTOMATIC EMERGENCY BRAKING SYSTEM.— 

19 The term ‘‘automatic emergency braking system’’ 

20 means a crash avoidance system installed and oper21 ational in a vehicle that consists of— 

22 (A) a forward collision warning function— 

23 (i) to detect vehicles and objects ahead 

24 of the vehicle; and 


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1 (ii) to alert the operator of the vehicle 

2 of an impending collision; and 

3 (B) a crash-imminent braking function to 

4 provide automatic braking when forward-looking 

5 sensors of the vehicle indicate that— 

6 (i) a crash is imminent; and 

7 (ii) the operator of the vehicle is not 

8 applying the brakes. 

9 (2) COMMERCIAL MOTOR VEHICLE.—The term 

10 ‘‘commercial motor vehicle’’ has the meaning given 

11 such term in section 31101 of title 49, United States 

12 Code. 

13 SEC. 4405. UNDERRIDE PROTECTION. 

14 (a) REAR UNDERRIDE GUARDS.— 

15 (1) REAR GUARDS ON TRAILERS AND

16 SEMITRAILERS.— 

17 (A) IN GENERAL.—Not later than 1 year 

18 after the date of enactment of this Act, the Sec19 retary of Transportation shall issue such regula20 tions as are necessary to revise motor vehicle 

21 safety standards under sections 571.223 and 

22 571.224 of title 49, Code of Federal Regulations, 

23 to require trailers and semi-trailers manufac24 tured after the date on which such regulation is 

25 issued to be equipped with rear impact guards 


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1 that are designed to prevent passenger compart2 ment intrusion from a trailer or semitrailer 

3 when a passenger vehicle traveling at 35 miles 

4 per hour makes— 

5 (i) an impact in which the passenger 

6 vehicle impacts the center of the rear of the 

7 trailer or semitrailer; 

8 (ii) an impact in which 50 percent the 

9 width of the passenger vehicle overlaps the 

10 rear of the trailer or semitrailer; and 

11 (iii) an impact in which 30 percent of 

12 the width of the passenger vehicle overlaps 

13 the rear of the trailer or semitrailer. 

14 (B) EFFECTIVE DATE.—The rule issued 

15 under subparagraph (A) shall require full com16 pliance with the motor carrier safety standard 

17 prescribed in such rule not later than 2 years 

18 after the date on which a final rule is issued. 

19 (2) ADDITIONAL RESEARCH.—The Secretary 

20 shall conduct additional research on the design and 

21 development of rear impact guards that can prevent 

22 underride crashes and protect motor vehicle pas23 sengers against severe injury at crash speeds of up to 

24 65 miles per hour. 


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1 (3) REVIEW OF STANDARDS.—Not later than 5 

2 years after any revisions to standards or requirements 

3 related to rear impact guards pursuant to paragraph 

4 (1), the Secretary shall review the standards or re5 quirements to evaluate the need for changes in re6 sponse to advancements in technology and upgrade 

7 such standards accordingly. 

8 (4) INSPECTIONS.— 

9 (A) IN GENERAL.—Not later than 1 year 

10 after the date of enactment of this Act, the Sec11 retary shall issue such regulations as are nec12 essary to amend the regulations on minimum 

13 periodic inspection standards under appendix G 

14 to subchapter B of chapter III of title 49, Code 

15 of Federal Regulations, and driver vehicle in16 spection reports under section 396.11 of title 49, 

17 Code of Federal Regulations, to include rear im18 pact guards and rear end protection (as required 

19 by section 393.86 of title 49, Code of Federal 

20 Regulations). 

21 (B) CONSIDERATIONS.—In updating the 

22 regulations described in subparagraph (A), the 

23 Secretary shall consider it to be a defect or a de24 ficiency if a rear impact guard is missing or has 

25 a corroded or compromised element that affects 


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1 the structural integrity and protective feature of 

2 such guard. 

3 (b) SIDE UNDERRIDE GUARDS.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, the Secretary 

6 shall— 

7 (A) complete additional research on side 

8 underride guards to better understand the overall 

9 effectiveness of such guards; 

10 (B) assess the feasibility, benefits, and costs 

11 associated with installing side underride guards 

12 on newly manufactured trailers and semitrailers 

13 with a gross vehicle weight rating of 10,000 

14 pounds or more; and 

15 (C) if warranted, develop performance 

16 standards for such guards. 

17 (2) INDEPENDENT RESEARCH.—If the Secretary 

18 enters into a contract with a third party to perform 

19 the research required under paragraph (1)(A), the 

20 Secretary shall ensure that such third party does not 

21 have any financial or contractual ties or relationship 

22 with a motor carrier that transports passengers or 

23 property for compensation, the motor carrier indus24 try, or an entity producing or supplying underride 

25 guards. 


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1 (3) PUBLICATION OF ASSESSMENT.—Not later 

2 than 90 days after completing the assessment required 

3 under paragraph (1)(B), the Secretary shall issue a 

4 notice in the Federal Register containing the findings 

5 of the assessment and provide an opportunity for 

6 public comment. 

7 (4) REPORT TO CONGRESS.—After the conclusion 

8 of the public comment period under paragraph (3), 

9 the Secretary shall submit to the Committee on 

10 Transportation and Infrastructure of the House of 

11 Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate a report 

13 that provides— 

14 (A) the results of the assessment under this 

15 subsection; 

16 (B) a summary of the public comments re17 ceived by the Secretary under paragraph (3); 

18 and 

19 (C) a determination as to whether the Sec20 retary intends to develop performance require21 ments for side underride guards, including any 

22 analysis that led to such determination. 

23 (c) ADVISORY COMMITTEE ON UNDERRIDE PROTEC24 TION.— 


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1 (1) ESTABLISHMENT.—Not later than 30 days 

2 after the date of enactment of this Act, the Secretary 

3 of Transportation shall establish an Advisory Com4 mittee on Underride Protection (in this subsection re5 ferred to as the ‘‘Committee’’) to provide advice and 

6 recommendations to the Secretary on safety regula7 tions to reduce crashes and fatalities involving truck 

8 underrides. 

9 (2) REPRESENTATION.— 

10 (A) IN GENERAL.—The Committee shall be 

11 composed of not more than 20 members ap12 pointed by the Secretary who are not employees 

13 of the Department of Transportation and who 

14 are qualified to serve because of their expertise, 

15 training, or experience. 

16 (B) MEMBERSHIP.—Members shall include 

17 2 representatives of each of the following: 

18 (i) Truck and trailer manufacturers. 

19 (ii) Motor carriers, including inde20 pendent owner-operators. 

21 (iii) Law enforcement. 

22 (iv) Motor vehicle engineers. 

23 (v) Motor vehicle crash investigators. 

24 (vi) Truck safety organizations. 

25 (vii) The insurance industry. 


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1 (viii) Emergency medical service pro2 viders. 

3 (ix) Families of underride crash vic4 tims. 

5 (x) Labor organizations. 

6 (3) COMPENSATION.—Members of the Committee 

7 shall serve without compensation. 

8 (4) MEETINGS.—The Committee shall meet at 

9 least annually. 

10 (5) SUPPORT.—On request of the Committee, the 

11 Secretary shall provide information, administrative 

12 services, and supplies necessary for the Committee to 

13 carry out the duties described in paragraph (1). 

14 (6) REPORT.—The Committee shall submit to the 

15 Committee on Transportation and Infrastructure of 

16 the House of Representatives and the Committee on 

17 Commerce, Science, and Transportation of the Senate 

18 a biennial report that shall— 

19 (A) describe the advice and recommenda20 tions made to the Secretary; and 

21 (B) include an assessment of progress made 

22 by the Secretary in advancing safety regulations. 

23 (d) DATA COLLECTION.—Not later than 1 year after 

24 the date of enactment of this Act, the Secretary shall imple25 ment recommendations 1 and 2 described in the report by 


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1 the Government Accountability Office published on March 

2 14, 2019, titled ‘‘Truck Underride Guards: Improved Data 

3 Collection, Inspections, and Research Needed’’ (GAO–19– 

4 264). 

5 SEC. 4406. TRANSPORTATION OF HORSES. 

6 Section 80502 of title 49, United States Code, is 

7 amended— 

8 (1) in subsection (c) by striking ‘‘This section 

9 does not’’ and inserting ‘‘Subsections (a) and (b) shall 

10 not’’; 

11 (2) by redesignating subsection (d) as subsection 

12 (e); 

13 (3) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d) TRANSPORTATION OF HORSES.— 

16 ‘‘(1) PROHIBITION.—No person may transport, 

17 or cause to be transported, a horse from a place in 

18 a State, the District of Columbia, or a territory or 

19 possession of the United States through or to a place 

20 in another State, the District of Columbia, or a terri21 tory or possession of the United States in a motor ve22 hicle containing 2 or more levels stacked on top of 

23 each other. 

24 ‘‘(2) MOTOR VEHICLE DEFINED.—In this sub25 section, the term ‘motor vehicle’— 


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1 ‘‘(A) means a vehicle driven or drawn by 

2 mechanical power and manufactured primarily 

3 for use on public highways; and 

4 ‘‘(B) does not include a vehicle operated ex5 clusively on a rail or rails.’’; and 

6 (4) in subsection (e), as redesignated— 

7 (A) by striking ‘‘A rail carrier’’ and insert8 ing the following: 

9 ‘‘(1) IN GENERAL.—A rail carrier’’; 

10 (B) by striking ‘‘this section’’ and inserting 

11 ‘‘subsection (a) or (b)’’; and 

12 (C) by striking ‘‘On learning’’ and insert13 ing the following: 

14 ‘‘(2) TRANSPORTATION OF HORSES IN MULTI15 LEVEL TRAILER.— 

16 ‘‘(A) CIVIL PENALTY.—A person that know17 ingly violates subsection (d) is liable to the 

18 United States Government for a civil penalty of 

19 at least $100, but not more than $500, for each 

20 violation. A separate violation of subsection (d) 

21 occurs for each horse that is transported, or 

22 caused to be transported, in violation of sub23 section (d). 

24 ‘‘(B) RELATIONSHIP TO OTHER LAWS.—The 

25 penalty imposed under subparagraph (A) shall 


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1 be in addition to any penalty or remedy avail2 able under any other law. 

3 ‘‘(3) CIVIL ACTION.—On learning’’. 

4 SEC. 4407. ADDITIONAL STATE AUTHORITY. 

5 (a) ADDITIONAL AUTHORITY.—Notwithstanding the 

6 limitation in section 127(d) of title 23, United States Code, 

7 if a State had in effect on or before June 1, 1991 a statute 

8 or regulation which placed a limitation on the overall 

9 length of a longer combination vehicle consisting of 3 trail10 ers, such State may allow the operation of a longer com11 bination vehicle to accommodate a longer truck tractor in 

12 such longer combination vehicle under such limitation, if 

13 the additional tractor length is the only added length to 

14 such longer combination vehicle. 

15 (b) SAVINGS CLAUSE.—Nothing in this section author16 izes a State to allow an increase in the length of a trailer, 

17 semitrailer, or other cargo-carrying unit of a longer com18 bination vehicle. 

19 (c) LONGER COMBINATION VEHICLE DEFINED.—The 

20 term ‘‘longer combination vehicle’’ has the meaning given 

21 such term in section 127 of title 23, United States Code. 

22 SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSUR23 ANCE FOR COMMERCIAL MOTOR VEHICLES. 

24 Section 31139(b) of title 49, United States Code, is 

25 amended— 


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1 (1) in paragraph (2), by striking ‘‘$750,000’’ 

2 and inserting ‘‘$2,000,000’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(3) ADJUSTMENT.—The Secretary, in consulta5 tion with the Bureau of Labor Statistics, shall adjust 

6 the minimum level of financial responsibility under 

7 paragraph (2) quinquennially for inflation.’’. 

8 TITLE V—INNOVATION 

9 SEC. 5001. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—The following amounts are author11 ized to be appropriated out of the Highway Trust Fund 

12 (other than the Mass Transit Account): 

13 (1) HIGHWAY RESEARCH AND DEVELOPMENT

14 PROGRAM.—To carry out section 503(b) of title 23, 

15 United States Code, $144,000,000 for each of fiscal 

16 years 2022 through 2025. 

17 (2) TECHNOLOGY AND INNOVATION DEPLOYMENT

18 PROGRAM.—To carry out section 503(c) of title 23, 

19 United States Code, $152,000,000 for each of fiscal 

20 years 2022 through 2025. 

21 (3) TRAINING AND EDUCATION.—To carry out 

22 section 504 of title 23, United States Code, 

23 $26,000,000 for each of fiscal years 2022 through 

24 2025. 


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1 (4) INTELLIGENT TRANSPORTATION SYSTEMS

2 PROGRAM.—To carry out sections 512 through 518 of 

3 title 23, United States Code, $100,000,000 for each of 

4 fiscal years 2022 through 2025. 

5 (5) UNIVERSITY TRANSPORTATION CENTERS PRO6 GRAM.—To carry out section 5505 of title 49, United 

7 States Code, $96,000,000 for each of fiscal years 2022 

8 through 2025. 

9 (6) BUREAU OF TRANSPORTATION STATISTICS.— 

10 To carry out chapter 63 of title 49, United States 

11 Code, $27,000,000 for each of fiscal years 2022 

12 through 2025. 

13 (b) ADDITIONAL PROGRAMS.—The following amounts 

14 are authorized to be appropriated out of the Highway Trust 

15 Fund (other than the Mass Transit Account): 

16 (1) SAFE, EFFICIENT MOBILITY THROUGH AD17 VANCED TECHNOLOGIES.—To carry out section 

18 503(c)(4) of title 23, United States Code, $70,000,000 

19 for each of fiscal years 2022 through 2025 from funds 

20 made available to carry out section 503(c) of such 

21 title. 

22 (2) MATERIALS TO REDUCE GREENHOUSE GAS

23 EMISSIONS PROGRAM.—To carry out section 503(d) of 

24 title 23, United States Code, $10,000,000 for each of 


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1 fiscal years 2022 through 2025 from funds made 

2 available to carry out section 503(c) of such title. 

3 (3) NATIONAL HIGHLY AUTOMATED VEHICLE AND

4 MOBILITY INNOVATION CLEARINGHOUSE.—To carry 

5 out section 5507 of title 49, United States Code, 

6 $2,000,000 for each of fiscal years 2022 through 2025 

7 from funds made available to carry out sections 512 

8 through 518 of title 23, United States Code. 

9 (4) NATIONAL COOPERATIVE MULTIMODAL

10 FREIGHT TRANSPORTATION RESEARCH PROGRAM.—To 

11 carry out section 70205 of title 49, United States 

12 Code, $4,000,000 for each of fiscal years 2022 through 

13 2025 from funds made available to carry out section 

14 503(b) of title 23, United States Code. 

15 (5) STATE SURFACE TRANSPORTATION SYSTEM

16 FUNDING PILOTS.—To carry out section 6020 of the 

17 FAST Act (23 U.S.C. 503 note), $35,000,000 for each 

18 of fiscal years 2022 through 2025 from funds made 

19 available to carry out section 503(b) of title 23, 

20 United States Code. 

21 (6) NATIONAL SURFACE TRANSPORTATION SYS22 TEM FUNDING PILOT.—To carry out section 5402 of 

23 this title, $10,000,000 for each of fiscal years 2022 

24 through 2025 from funds made available to carry out 

25 section 503(b) of title 23, United States Code. 


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1 (c) ADMINISTRATION.—The Federal Highway Admin2 istration shall— 

3 (1) administer the programs described in para4 graphs (1), (2), and (3) of subsection (a) and para5 graph (1) of subsection (b); and 

6 (2) in consultation with relevant modal adminis7 trations, administer the programs described in sub8 sections (a)(4) and (b)(2). 

9 (d) TREATMENT OF FUNDS.—Funds authorized to be 

10 appropriated by subsections (a) and (b) shall— 

11 (1) be available for obligation in the same man12 ner as if those funds were apportioned under chapter 

13 1 of title 23, United States Code, except that the Fed14 eral share of the cost of a project or activity carried 

15 out using those funds shall be 80 percent, unless oth16 erwise expressly provided by this title (including the 

17 amendments by this title) or otherwise determined by 

18 the Secretary; and 

19 (2) remain available until expended and not be 

20 transferable, except as otherwise provided in this title. 


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1 Subtitle A—Research and 

2 Development 

3 SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PRO4 GRAM. 

5 (a) IN GENERAL.—Section 503 of title 23, United 

6 States Code, is amended— 

7 (1) in subsection (a)(2) by striking ‘‘section 508’’ 

8 and inserting ‘‘section 6503 of title 49’’; and 

9 (2) in subsection (b)— 

10 (A) in paragraph (3)— 

11 (i) in subparagraph (A)— 

12 (I) in clause (ii) by striking ‘‘; 

13 and’’ and inserting a semicolon; 

14 (II) in clause (iii) by striking the 

15 period and inserting ‘‘; and’’; and 

16 (III) by adding at the end the fol17 lowing: 

18 ‘‘(iv) to reduce greenhouse gas emis19 sions and limit the effects of climate 

20 change.’’; and 

21 (ii) by striking subparagraphs (D) and 

22 (E); 

23 (B) in paragraph (4)(A)— 

24 (i) in clause (ii) by striking ‘‘; and’’ 

25 and inserting a semicolon; 


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1 (ii) in clause (iii) by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(iv) to reduce greenhouse gas emis6 sions and limit the effects of climate 

7 change.’’; 

8 (C) in paragraph (5)(A)— 

9 (i) in clause (iv) by striking ‘‘; and’’ 

10 and inserting a semicolon; 

11 (ii) in clause (v) by striking the period 

12 and inserting ‘‘; and’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(vi) reducing greenhouse gas emis16 sions and limiting the effects of climate 

17 change.’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(9) ANALYSIS TOOLS.—The Secretary may de20 velop interactive modeling tools and databases that— 

21 ‘‘(A) track the condition of highway assets, 

22 including interchanges, and the reconstruction 

23 history of such assets; 

24 ‘‘(B) can be used to assess transportation 

25 options; 


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1 ‘‘(C) allow for the monitoring and modeling 

2 of network-level traffic flows on highways; and 

3 ‘‘(D) further Federal and State under4 standing of the importance of national and re5 gional connectivity and the need for long-dis6 tance and interregional passenger and freight 

7 travel by highway and other surface transpor8 tation modes. 

9 ‘‘(10) PERFORMANCE MANAGEMENT DATA SUP10 PORT PROGRAM.— 

11 ‘‘(A) PERFORMANCE MANAGEMENT DATA

12 SUPPORT.—The Administrator of the Federal 

13 Highway Administration shall develop, use, and 

14 maintain data sets and data analysis tools to as15 sist metropolitan planning organizations, States, 

16 and the Federal Highway Administration in 

17 carrying out performance management analyses 

18 (including the performance management require19 ments under section 150). 

20 ‘‘(B) INCLUSIONS.—The data analysis ac21 tivities authorized under subparagraph (A) may 

22 include— 

23 ‘‘(i) collecting and distributing vehicle 

24 probe data describing traffic on Federal-aid 

25 highways; 


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1 ‘‘(ii) collecting household travel behav2 ior data to assess local and cross-jurisdic3 tional travel, including to accommodate ex4 ternal and through travel; 

5 ‘‘(iii) enhancing existing data collec6 tion and analysis tools to accommodate per7 formance measures, targets, and related 

8 data, so as to better understand trip origin 

9 and destination, trip time, and mode; 

10 ‘‘(iv) enhancing existing data analysis 

11 tools to improve performance predictions 

12 and travel models in reports described in 

13 section 150(e); 

14 ‘‘(v) developing tools— 

15 ‘‘(I) to improve performance anal16 ysis; and 

17 ‘‘(II) to evaluate the effects of 

18 project investments on performance; 

19 ‘‘(vi) assisting in the development or 

20 procurement of the transportation system 

21 access data under section 1403(g) of the IN22 VEST in America Act; and 

23 ‘‘(vii) developing tools and acquiring 

24 data described under paragraph (9). 


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1 ‘‘(C) FUNDING.—The Administrator of the 

2 Federal Highway Administration may use up to 

3 $15,000,000 for each of fiscal years 2022 through 

4 2025 to carry out this paragraph.’’. 

5 (b) REPEAL.—Section 6028 of the FAST Act (23 

6 U.S.C. 150 note), and the item relating to such section in 

7 the table of contents in section 1(b) of such Act, are repealed. 

8 SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMIS9 SIONS PROGRAM. 

10 Section 503 of title 23, United States Code, as amend11 ed by section 5101, is further amended by adding at the 

12 end the following: 

13 ‘‘(d) MATERIALS TO REDUCE GREENHOUSE GAS

14 EMISSIONS PROGRAM.— 

15 ‘‘(1) IN GENERAL.—Not later than 6 months 

16 after the date of enactment of this subsection, the Sec17 retary shall establish and implement a program 

18 under which the Secretary shall award grants to eli19 gible entities to research and support the development 

20 of materials that will reduce or sequester the amount 

21 of greenhouse gas emissions generated during the pro22 duction of highway materials and the construction of 

23 highways. 

24 ‘‘(2) ACTIVITIES.—The Secretary shall ensure 

25 that the program, at a minimum— 


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1 ‘‘(A) carries out research to determine the 

2 materials proven to most effectively reduce or se3 quester greenhouse gas emissions; 

4 ‘‘(B) evaluates and improves the ability of 

5 materials to most effectively reduce or sequester 

6 greenhouse gas emissions; and 

7 ‘‘(C) supports the development and deploy8 ment of materials that will reduce or sequester 

9 greenhouse gas emissions. 

10 ‘‘(3) COMPETITIVE SELECTION PROCESS.— 

11 ‘‘(A) APPLICATIONS.—To be eligible to re12 ceive a grant under this subsection, an eligible 

13 entity shall submit to the Secretary an applica14 tion in such form and containing such informa15 tion as the Secretary may require. 

16 ‘‘(B) CONSIDERATION.—In making grants 

17 under this subsection, the Secretary shall con18 sider the degree to which applicants presently 

19 carry out research on materials that reduce or 

20 sequester greenhouse gas emissions. 

21 ‘‘(C) SELECTION CRITERIA.—The Secretary 

22 may make grants under this subsection to any 

23 eligible entity based on the demonstrated ability 

24 of the applicant to fulfill the activities described 

25 in paragraph (2). 


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1 ‘‘(D) TRANSPARENCY.— 

2 ‘‘(i) IN GENERAL.—The Secretary shall 

3 provide to each eligible entity submitting an 

4 application under this subsection, upon re5 quest, any materials, including copies of re6 views (with any information that would 

7 identify a reviewer redacted), used in the 

8 evaluation process of the application of such 

9 entity. 

10 ‘‘(ii) REPORTS.—The Secretary shall 

11 submit to the Committee on Transportation 

12 and Infrastructure of the House of Rep13 resentatives and the Committee on Environ14 ment and Public Works of the Senate a re15 port describing the overall review process for 

16 a grant under this subsection, including— 

17 ‘‘(I) specific criteria of evaluation 

18 used in the review; 

19 ‘‘(II) descriptions of the review 

20 process; and 

21 ‘‘(III) explanations of the grants 

22 awarded. 

23 ‘‘(4) GRANTS.— 

24 ‘‘(A) RESTRICTIONS.— 


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1 ‘‘(i) IN GENERAL.—For each fiscal 

2 year, a grant made available under this 

3 subsection shall be not greater than 

4 $4,000,000 and not less than $2,000,000 per 

5 recipient. 

6 ‘‘(ii) LIMITATION.—An eligible entity 

7 may only receive 1 grant in a fiscal year 

8 under this subsection. 

9 ‘‘(B) MATCHING REQUIREMENTS.— 

10 ‘‘(i) IN GENERAL.—As a condition of 

11 receiving a grant under this subsection, a 

12 grant recipient shall match 50 percent of 

13 the amounts made available under the 

14 grant. 

15 ‘‘(ii) SOURCES.—The matching 

16 amounts referred to in clause (i) may in17 clude amounts made available to the recipi18 ent under— 

19 ‘‘(I) section 504(b); or 

20 ‘‘(II) section 505. 

21 ‘‘(5) PROGRAM COORDINATION.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall— 

23 ‘‘(i) coordinate the research, education, 

24 and technology transfer activities carried 


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1 out by grant recipients under this sub2 section; 

3 ‘‘(ii) disseminate the results of that re4 search through the establishment and oper5 ation of a publicly accessible online infor6 mation clearinghouse; and 

7 ‘‘(iii) to the extent practicable, support 

8 the deployment and commercial adoption of 

9 effective materials researched or developed 

10 under this subsection to relevant stake11 holders. 

12 ‘‘(B) ANNUAL REVIEW AND EVALUATION.— 

13 Not later than 2 years after the date of enact14 ment of this subsection, and not less frequently 

15 than annually thereafter, the Secretary shall, 

16 consistent with the activities in paragraph (3)— 

17 ‘‘(i) review and evaluate the programs 

18 carried out under this subsection by grant 

19 recipients, describing the effectiveness of the 

20 program in identifying materials that re21 duce or sequester greenhouse gas emissions; 

22 ‘‘(ii) submit to the Committee on 

23 Transportation and Infrastructure of the 

24 House of Representatives and the Committee 

25 on Environment and Public Works of the 


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1 Senate a report describing such review and 

2 evaluation; and 

3 ‘‘(iii) make the report in clause (ii) 

4 available to the public on a website. 

5 ‘‘(6) LIMITATION ON AVAILABILITY OF

6 AMOUNTS.—Amounts made available to carry out this 

7 subsection shall remain available for obligation by the 

8 Secretary for a period of 3 years after the last day 

9 of the fiscal year for which the amounts are author10 ized. 

11 ‘‘(7) INFORMATION COLLECTION.—Any survey, 

12 questionnaire, or interview that the Secretary deter13 mines to be necessary to carry out reporting require14 ments relating to any program assessment or evalua15 tion activity under this subsection, including cus16 tomer satisfaction assessments, shall not be subject to 

17 chapter 35 of title 44. 

18 ‘‘(8) DEFINITION OF ELIGIBLE ENTITY.—In this 

19 subsection, the term ‘eligible entity’ means a non20 profit institution of higher education, as such term is 

21 defined in section 101 of the Higher Education Act 

22 of 1965 (20 U.S.C. 1001).’’. 


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1 SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOP2 MENT 5-YEAR STRATEGIC PLAN. 

3 Section 6503 of title 49, United States Code, is amend4 ed— 

5 (1) in subsection (a) by striking ‘‘The Secretary’’ 

6 and inserting ‘‘For the period of fiscal years 2017 

7 through 2021, and for each 5-year period thereafter, 

8 the Secretary’’; 

9 (2) in subsection (c)(1)— 

10 (A) in subparagraph (D) by inserting ‘‘and 

11 the existing transportation system’’ after ‘‘infra12 structure’’; 

13 (B) in subparagraph (E) by striking ‘‘; 

14 and’’ and inserting a semicolon; 

15 (C) by amending subparagraph (F) to read 

16 as follows: 

17 ‘‘(F) reducing greenhouse gas emissions; 

18 and’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(G) developing and maintaining a diverse 

21 workforce in transportation sectors;’’; and 

22 (3) in subsection (d) by striking ‘‘not later than 

23 December 31, 2016,’’ and inserting ‘‘not later than 

24 December 31, 2021,’’. 


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1 SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PRO2 GRAM. 

3 Section 5505 of title 49, United States Code, is amend4 ed— 

5 (1) in subsection (b)(4)— 

6 (A) in subparagraph (A) by striking ‘‘re7 search priorities identified in chapter 65.’’ and 

8 inserting the following: ‘‘following research pri9 orities: 

10 ‘‘(i) Improving the mobility of people 

11 and goods. 

12 ‘‘(ii) Reducing congestion. 

13 ‘‘(iii) Promoting safety. 

14 ‘‘(iv) Improving the durability and ex15 tending the life of transportation infrastruc16 ture and the existing transportation system. 

17 ‘‘(v) Preserving the environment. 

18 ‘‘(vi) Reducing greenhouse gas emis19 sions.’’; and 

20 (B) in subparagraph (B)— 

21 (i) by striking ‘‘Technology and’’ and 

22 inserting ‘‘Technology,’’; and 

23 (ii) by inserting ‘‘, the Associate Ad24 ministrator for Research, Demonstration, 

25 and Innovation and Administrator of the 


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1 Federal Transit Administration,’’ after 

2 ‘‘Federal Highway Administration’’; 

3 (2) in subsection (c)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘Not later than 1 year 

6 after the date of enactment of this section,’’ 

7 and inserting the following: 

8 ‘‘(A) SELECTION OF GRANTS.—Not later 

9 than 1 year after the date of enactment of the 

10 INVEST in America Act,’’; and 

11 (ii) by adding at the end the following: 

12 ‘‘(B) LIMITATIONS.—A grant under this 

13 subsection may not include a cooperative agree14 ment described in section 6305 of title 31.’’; 

15 (B) in paragraph (2)— 

16 (i) in subparagraph (A) by striking ‘‘5 

17 consortia’’ and inserting ‘‘6 consortia’’; 

18 (ii) in subparagraph (B)— 

19 (I) in clause (i) by striking ‘‘not 

20 greater than $4,000,000 and not less 

21 than $2,000,000’’ and inserting ‘‘not 

22 greater than $4,250,000 and not less 

23 than $2,250,000’’; and 


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1 (II) in clause (ii) by striking 

2 ‘‘section 6503(e)’’ and inserting ‘‘sub3 section (b)(4)(A)’’; 

4 (iii) in subparagraph (C) by striking 

5 ‘‘100 percent’’ and inserting ‘‘50 percent’’; 

6 and 

7 (iv) by adding at the end the following: 

8 ‘‘(D) REQUIREMENT.—In awarding grants 

9 under this section, the Secretary shall award 1 

10 grant to a national consortia for each focus area 

11 described in subsection (b)(4)(A).’’; 

12 (C) in paragraph (3)— 

13 (i) in subparagraph (C) by striking 

14 ‘‘not greater than $3,000,000 and not less 

15 than $1,500,000’’ and inserting ‘‘not greater 

16 than $3,250,000 and not less than 

17 $1,750,000’’; 

18 (ii) in subparagraph (D)(i) by striking 

19 ‘‘100 percent’’ and inserting ‘‘50 percent’’; 

20 and 

21 (iii) by striking subparagraph (E); 

22 and 

23 (D) in paragraph (4)— 

24 (i) in subparagraph (A) by striking 

25 ‘‘greater than $2,000,000 and not less than 


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1 $1,000,000’’ and inserting ‘‘greater than 

2 $2,250,000 and not less than $1,250,000’’; 

3 and 

4 (ii) by striking subparagraph (C) and 

5 inserting the following: 

6 ‘‘(C) REQUIREMENTS.—In awarding grants 

7 under this paragraph, the Secretary shall— 

8 ‘‘(i) consider consortia that include in9 stitutions that have demonstrated an ability 

10 in transportation-related research; and 

11 ‘‘(ii) award not less than 2 grants 

12 under this section to minority institutions, 

13 as such term is defined in section 365 of the 

14 Higher Education Act of 1965 (20 U.S.C. 

15 1067k). 

16 ‘‘(D) FOCUSED RESEARCH.— 

17 ‘‘(i) IN GENERAL.—In awarding 

18 grants under this section, the Secretary 

19 shall select not less than 1 grant recipient 

20 with each of the following focus areas: 

21 ‘‘(I) Transit. 

22 ‘‘(II) Connected and automated 

23 vehicle technology. 


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1 ‘‘(III) Non-motorized transpor2 tation, including bicycle and pedes3 trian safety. 

4 ‘‘(IV) Transportation planning, 

5 including developing metropolitan 

6 planning practices to meet the consid7 erations described in section 134(c)(4) 

8 of title 23 and section 5303(c)(4). 

9 ‘‘(V) The surface transportation 

10 workforce, including— 

11 ‘‘(aa) current and future 

12 workforce needs and challenges; 

13 and 

14 ‘‘(bb) the impact of tech15 nology on the transportation sec16 tor. 

17 ‘‘(VI) Climate change mitigation, 

18 including— 

19 ‘‘(aa) researching the types of 

20 transportation projects that are 

21 expected to provide the most sig22 nificant greenhouse gas emissions 

23 reductions from the surface trans24 portation sector; and 


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1 ‘‘(bb) researching the types of 

2 transportation projects that are 

3 not expected to provide significant 

4 greenhouse gas emissions reduc5 tions from the surface transpor6 tation sector. 

7 ‘‘(VII) Rail. 

8 ‘‘(ii) ADDITIONAL GRANTS.—In award9 ing grants under this section and after 

10 awarding grants pursuant to clause (i), the 

11 Secretary may award any remaining 

12 grants to any grant recipient based on the 

13 criteria described in subsection (b)(4)(A). 

14 ‘‘(E) CONSIDERATIONS FOR SELECTED IN15 STITUTIONS.— 

16 ‘‘(i) IN GENERAL.—Tier 1 transpor17 tation centers awarded a grant under this 

18 paragraph with a focus area described in 

19 subparagraph (D)(i)(IV) shall consider the 

20 following areas for research: 

21 ‘‘(I) strategies to address climate 

22 change mitigation and impacts de23 scribed in section 134(i)(2)(I)(ii) of 

24 title 23 and the incorporation of such 


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1 strategies into long range transpor2 tation plan; and 

3 ‘‘(II) preparation of a vulner4 ability assessment described in section 

5 134(i)(2)(I)(iii) of title 23. 

6 ‘‘(ii) ACTIVITIES.—A tier 1 transpor7 tation center receiving a grant under this 

8 section with a focus area described in sub9 paragraph (D)(i)(IV) may— 

10 ‘‘(I) establish best practices; 

11 ‘‘(II) develop modeling tools; and 

12 ‘‘(III) carry out other activities 

13 and develop technology that addresses 

14 the planning considerations described 

15 in clause (i). 

16 ‘‘(iii) LIMITATION.—Research under 

17 this subparagraph shall focus on metropoli18 tan planning organizations that represent 

19 urbanized areas with populations of 

20 200,000 or fewer.’’; 

21 (3) in subsection (d)(3) by striking ‘‘fiscal years 

22 2016 through 2020’’ and inserting ‘‘fiscal years 2022 

23 through 2025’’; 

24 (4) by redesignating subsection (f) as subsection 

25 (g); and 


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1 (5) by inserting after subsection (e) the following: 

2 ‘‘(f) SURPLUS AMOUNTS.— 

3 ‘‘(1) IN GENERAL.—Amounts made available to 

4 the Secretary to carry out this section that remain 

5 unobligated after awarding grants under subsection 

6 (c) shall be made available under the unsolicited re7 search initiative under section 5506. 

8 ‘‘(2) LIMITATION ON AMOUNTS.—Amounts under 

9 paragraph (1) shall not exceed $2,000,000 for any 

10 given fiscal year.’’. 

11 SEC. 5105. UNSOLICITED RESEARCH INITIATIVE. 

12 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

13 49, United States Code, is amended by adding at the end 

14 the following: 

15 ‘‘§ 5506. Unsolicited research initiative 

16 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

17 date of enactment of this section, the Secretary shall estab18 lish a program under which an eligible entity may at any 

19 time submit unsolicited research proposals for funding 

20 under this section. 

21 ‘‘(b) CRITERIA.—A research proposal submitted under 

22 subsection (a) shall meet the purposes of the Secretary’s 5- 

23 year transportation research and development strategic 

24 plan described in section 6503(c)(1). 


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1 ‘‘(c) PROJECT REVIEW.—Not later than 90 days after 

2 an eligible entity submits a proposal under subsection (a), 

3 the Secretary shall— 

4 ‘‘(1) review the research proposal submitted 

5 under subsection (a); 

6 ‘‘(2) evaluate such research proposal relative to 

7 the criteria described in subsection (b); 

8 ‘‘(3) provide to such eligible entity a written no9 tice that— 

10 ‘‘(A) if the research proposal is not selected 

11 for funding under this section— 

12 ‘‘(i) notifies the eligible entity that the 

13 research proposal has not been selected for 

14 funding; 

15 ‘‘(ii) provides an explanation as to 

16 why the research proposal was not selected, 

17 including if the research proposal does not 

18 cover an area of need; and 

19 ‘‘(iii) if applicable, recommends that 

20 the research proposal be submitted to an21 other research program; and 

22 ‘‘(B) if the research proposal is selected for 

23 funding under this section, notifies the eligible 

24 entity that the research proposal has been se25 lected for funding; and 


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1 ‘‘(4) fund the proposals described in paragraph 

2 (3)(B). 

3 ‘‘(d) REPORT.—Not later than 18 months after the 

4 date of enactment of this section, and annually thereafter, 

5 the Secretary shall make available to the public on a public 

6 website a report on the progress and findings of the program 

7 established under subsection (a). 

8 ‘‘(e) FEDERAL SHARE.— 

9 ‘‘(1) IN GENERAL.—The Federal share of the cost 

10 of an activity carried out under this section may not 

11 exceed 50 percent. 

12 ‘‘(2) NON-FEDERAL SHARE.—All costs directly 

13 incurred by the non-Federal partners, including per14 sonnel, travel, facility, and hardware development 

15 costs, shall be credited toward the non-Federal share 

16 of the cost of an activity carried out under this sec17 tion. 

18 ‘‘(f) FUNDING.— 

19 ‘‘(1) IN GENERAL.—Of the funds made available 

20 to carry out the university transportation centers pro21 gram under section 5505, $2,000,000 shall be avail22 able for each of fiscal years 2022 through 2025 to 

23 carry out this section. 

24 ‘‘(2) FUNDING FLEXIBILITY.— 


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1 ‘‘(A) IN GENERAL.—For fiscal years 2022 

2 through 2025, funds made available under para3 graph (1) shall remain available until expended. 

4 ‘‘(B) UNCOMMITTED FUNDS.—If the Sec5 retary determines, at the end of a fiscal year, 

6 funds under paragraph (1) remain unexpended 

7 as a result of a lack of meritorious projects under 

8 this section, the Secretary may, for the following 

9 fiscal year, make remaining funds available 

10 under either this section or under section 5505. 

11 ‘‘(g) ELIGIBLE ENTITY DEFINED.—In this section, the 

12 term ‘eligible entity’ means 

13 ‘‘(1) a State; 

14 ‘‘(2) a unit of local government; 

15 ‘‘(3) a transit agency; 

16 ‘‘(4) any nonprofit institution of higher edu17 cation, including a university transportation center 

18 under section 5505; and 

19 ‘‘(5) a nonprofit organization.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chapter 

21 55 of title 49, United States Code, is amended by inserting 

22 after the item relating to section 5505 the following new 

23 item: 

‘‘5506. Unsolicited research initiative.’’. 


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1 SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL FREIGHT 

2 TRANSPORTATION RESEARCH PROGRAM. 

3 (a) IN GENERAL.—Chapter 702 of title 49, United 

4 States Code, is amended by adding at the end the following: 

5 ‘‘§ 70205. National cooperative multimodal freight 

6 transportation research program 

7 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after the 

8 date of enactment of this section, the Secretary shall estab9 lish and support a national cooperative multimodal freight 

10 transportation research program. 

11 ‘‘(b) AGREEMENT.—Not later than 6 months after the 

12 date of enactment of this section, the Secretary shall seek 

13 to enter into an agreement with the National Academy of 

14 Sciences to support and carry out administrative and man15 agement activities relating to the governance of the national 

16 cooperative multimodal freight transportation research pro17 gram. 

18 ‘‘(c) ADVISORY COMMITTEE.—In carrying out the 

19 agreement described in subsection (b), the National Acad20 emy of Sciences shall select a multimodal freight transpor21 tation research advisory committee consisting of 

22 multimodal freight stakeholders, including, at a min23 imum— 

24 ‘‘(1) a representative of the Department of 

25 Transportation; 


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1 ‘‘(2) representatives of any other Federal agen2 cies relevant in supporting the nation’s multimodal 

3 freight transportation research needs; 

4 ‘‘(3) a representative of a State department of 

5 transportation; 

6 ‘‘(4) a representative of a local government 

7 (other than a metropolitan planning organization); 

8 ‘‘(5) a representative of a metropolitan planning 

9 organization; 

10 ‘‘(6) a representative of the trucking industry; 

11 ‘‘(7) a representative of the railroad industry; 

12 ‘‘(8) a representative of the port industry; 

13 ‘‘(9) a representative of logistics industry; 

14 ‘‘(10) a representative of shipping industry; 

15 ‘‘(11) a representative of a safety advocacy group 

16 with expertise in freight transportation; 

17 ‘‘(12) an academic expert on multimodal freight 

18 transportation; 

19 ‘‘(13) an academic expert on the contributions of 

20 freight movement to greenhouse gas emissions; and 

21 ‘‘(14) representatives of labor organizations rep22 resenting workers in freight transportation. 

23 ‘‘(d) ELEMENTS.—The national cooperative 

24 multimodal freight transportation research program estabVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00813 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 lished under this section shall include the following ele2 ments: 

3 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi4 sory committee under subsection (c), in consultation 

5 with interested parties, shall recommend a national 

6 research agenda for the program established in this 

7 section. 

8 ‘‘(2) INVOLVEMENT.—Interested parties may— 

9 ‘‘(A) submit research proposals to the advi10 sory committee; 

11 ‘‘(B) participate in merit reviews of re12 search proposals and peer reviews of research 

13 products; and 

14 ‘‘(C) receive research results. 

15 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

16 RESEARCH PROPOSALS.—The National Academy of 

17 Sciences may award research contracts and grants 

18 under the program through open competition and 

19 merit review conducted on a regular basis. 

20 ‘‘(4) EVALUATION OF RESEARCH.— 

21 ‘‘(A) PEER REVIEW.—Research contracts 

22 and grants under the program may allow peer 

23 review of the research results. 

24 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The 

25 National Academy of Sciences shall conduct 


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1 periodic programmatic evaluations on a regular 

2 basis of research contracts and grants. 

3 ‘‘(5) DISSEMINATION OF RESEARCH FINDINGS.— 

4 ‘‘(A) IN GENERAL.—The National Academy 

5 of Sciences shall disseminate research findings to 

6 researchers, practitioners, and decisionmakers, 

7 through conferences and seminars, field dem8 onstrations, workshops, training programs, pres9 entations, testimony to government officials, a 

10 public website for the National Academy of 

11 Sciences, publications for the general public, and 

12 other appropriate means. 

13 ‘‘(B) REPORT.—Not more than 18 months 

14 after the date of enactment of this section, and 

15 annually thereafter, the Secretary shall make 

16 available on a public website a report that de17 scribes the ongoing research and findings of the 

18 program. 

19 ‘‘(e) CONTENTS.—The national research agenda under 

20 subsection (d)(1) shall include— 

21 ‘‘(1) techniques and tools for estimating and 

22 identifying both quantitative and qualitative public 

23 benefits derived from multimodal freight transpor24 tation projects, including— 

25 ‘‘(A) greenhouse gas emissions reduction; 


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1 ‘‘(B) congestion reduction; and 

2 ‘‘(C) safety benefits; 

3 ‘‘(2) the impact of freight delivery vehicles, in4 cluding trucks, railcars, and non-motorized vehicles, 

5 on congestion in urban and rural areas; 

6 ‘‘(3) the impact of both centralized and disparate 

7 origins and destinations on freight movement; 

8 ‘‘(4) the impacts of increasing freight volumes on 

9 transportation planning, including— 

10 ‘‘(A) first-mile and last-mile challenges to 

11 multimodal freight movement; 

12 ‘‘(B) multimodal freight travel in both 

13 urban and rural areas; and 

14 ‘‘(C) commercial motor vehicle parking and 

15 rest areas; 

16 ‘‘(5) the effects of Internet commerce and acceler17 ated delivery speeds on freight movement and in18 creased commercial motor vehicle volume, including 

19 impacts on— 

20 ‘‘(A) safety on public roads; 

21 ‘‘(B) congestion in both urban and rural 

22 areas; 

23 ‘‘(C) first-mile and last-mile challenges and 

24 opportunities; 


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1 ‘‘(D) the environmental impact of freight 

2 transportation, including on air quality and on 

3 greenhouse gas emissions; and 

4 ‘‘(E) vehicle miles-traveled by freight-deliv5 ering vehicles; 

6 ‘‘(6) the impacts of technological advancements 

7 in freight movement, including impacts on— 

8 ‘‘(A) congestion in both urban and rural 

9 areas; 

10 ‘‘(B) first-mile and last-mile challenges and 

11 opportunities; and 

12 ‘‘(C) vehicle miles-traveled; 

13 ‘‘(7) methods and best practices for aligning 

14 multimodal infrastructure improvements with 

15 multimodal freight transportation demand, including 

16 improvements to the National Multimodal Freight 

17 Network under section 70103; and 

18 ‘‘(8) other research areas to identify and address 

19 current, emerging, and future needs related to 

20 multimodal freight transportation. 

21 ‘‘(f) FUNDING.— 

22 ‘‘(1) FEDERAL SHARE.—The Federal share of the 

23 cost of an activity carried out under this section shall 

24 be 100 percent. 


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1 ‘‘(2) PERIOD OF AVAILABILITY.—Amounts made 

2 available to carry out this section shall remain avail3 able until expended. 

4 ‘‘(g) DEFINITION OF GREENHOUSE GAS.—In this sec5 tion, the term ‘greenhouse gas’ has the meaning given such 

6 term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 

7 7545(o)(1)).’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chapter 

9 702 of title 49, United States Code, is amended by adding 

10 at the end the following new item: 

‘‘70205. National cooperative multimodal freight transportation research program.’’. 

11 SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND 

12 HABITAT CONNECTIVITY IMPROVEMENT. 

13 (a) STUDY.— 

14 (1) IN GENERAL.—The Secretary of Transpor15 tation shall conduct a study examining methods to re16 duce collisions between motorists and wildlife (re17 ferred to in this section as ‘‘wildlife-vehicle colli18 sions’’). 

19 (2) CONTENTS.— 

20 (A) AREAS OF STUDY.—The study required 

21 under paragraph (1) shall— 

22 (i) update and expand on, as appro23 priate— 


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1 (I) the report titled ‘‘Wildlife Ve2 hicle Collision Reduction Study: 2008 

3 Report to Congress’’: and 

4 (II) the document titled ‘‘Wildlife 

5 Vehicle Collision Reduction Study: 

6 Best Practices Manual’’ and dated Oc7 tober 2008; and 

8 (ii) include— 

9 (I) an assessment, as of the date 

10 of the study, of— 

11 (aa) the causes of wildlife-ve12 hicle collisions; 

13 (bb) the impact of wildlife-ve14 hicle collisions on motorists and 

15 wildlife; and 

16 (cc) the impacts of roads and 

17 traffic on habitat connectivity for 

18 terrestrial and aquatic species; 

19 and 

20 (II) solutions and best practices 

21 for— 

22 (aa) reducing wildlife-vehicle 

23 collisions; and 


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1 (bb) improving habitat 

2 connectivity for terrestrial and 

3 aquatic species. 

4 (B) METHODS.—In carrying out the study 

5 required under paragraph (1), the Secretary 

6 shall— 

7 (i) conduct a thorough review of re8 search and data relating to— 

9 (I) wildlife-vehicle collisions; and 

10 (II) habitat fragmentation that 

11 results from transportation infrastruc12 ture; 

13 (ii) survey current practices of the De14 partment of Transportation and State de15 partments of transportation to reduce wild16 life-vehicle collisions; and 

17 (iii) consult with— 

18 (I) appropriate experts in the 

19 field of wildlife-vehicle collisions; and 

20 (II) appropriate experts on the ef21 fects of roads and traffic on habitat 

22 connectivity for terrestrial and aquatic 

23 species. 

24 (3) REPORT.— 


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1 (A) IN GENERAL.—Not later than 18 

2 months after the date of enactment of this Act, 

3 the Secretary shall submit to Congress a report 

4 on the results of the study required under para5 graph (1). 

6 (B) CONTENTS.—The report required under 

7 subparagraph (A) shall include— 

8 (i) a description of— 

9 (I) the causes of wildlife-vehicle 

10 collisions; 

11 (II) the impacts of wildlife-vehicle 

12 collisions; and 

13 (III) the impacts of roads and 

14 traffic on— 

15 (aa) species listed as threat16 ened species or endangered species 

17 under the Endangered Species Act 

18 of 1973 (16 U.S.C. 1531 et seq.); 

19 (bb) species identified by 

20 States as species of greatest con21 servation need; 

22 (cc) species identified in 

23 State wildlife plans; and 

24 (dd) medium and small ter25 restrial and aquatic species; 


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1 (ii) an economic evaluation of the costs 

2 and benefits of installing highway infra3 structure and other measures to mitigate 

4 damage to terrestrial and aquatic species, 

5 including the effect on jobs, property values, 

6 and economic growth to society, adjacent 

7 communities, and landowners; 

8 (iii) recommendations for preventing 

9 wildlife-vehicle collisions, including rec10 ommended best practices, funding resources, 

11 or other recommendations for addressing 

12 wildlife-vehicle collisions; and 

13 (iv) guidance to develop, for each State 

14 that agrees to participate, a voluntary joint 

15 statewide transportation and wildlife action 

16 plan. 

17 (C) PURPOSES.—The purpose of the guid18 ance described in subparagraph (B)(iv) shall 

19 be— 

20 (i) to address wildlife-vehicle collisions; 

21 and 

22 (ii) to improve habitat connectivity for 

23 terrestrial and aquatic species. 


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1 (D) CONSULTATION.—The Secretary shall 

2 develop the guidance described under subpara3 graph (B)(iv) in consultation with— 

4 (i) Federal land management agencies; 

5 (ii) State departments of transpor6 tation; 

7 (iii) State fish and wildlife agencies; 

8 and 

9 (iv) Tribal governments. 

10 (b) STANDARDIZATION OF WILDLIFE COLLISION AND

11 CARCASS DATA.— 

12 (1) STANDARDIZATION METHODOLOGY.— 

13 (A) IN GENERAL.—The Secretary of Trans14 portation, acting through the Administrator of 

15 the Federal Highway Administration, shall de16 velop a quality standardized methodology for col17 lecting and reporting spatially accurate wildlife 

18 collision and carcass data for the National High19 way System, taking into consideration the prac20 ticability of the methodology with respect to tech21 nology and cost. 

22 (B) METHODOLOGY.—In developing the 

23 standardized methodology under subparagraph 

24 (A), the Secretary shall— 


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1 (i) survey existing methodologies and 

2 sources of data collection, including the Fa3 tality Analysis Reporting System, the Gen4 eral Estimates System of the National Auto5 motive Sampling System, and the Highway 

6 Safety Information System; and 

7 (ii) to the extent practicable, identify 

8 and correct limitations of such existing 

9 methodologies and sources of data collection. 

10 (C) CONSULTATION.—In developing the 

11 standardized methodology under subparagraph 

12 (A), the Secretary shall consult with— 

13 (i) the Secretary of the Interior; 

14 (ii) the Secretary of Agriculture, acting 

15 through the Chief of the Forest Service; 

16 (iii) Tribal, State, and local transpor17 tation and wildlife authorities; 

18 (iv) metropolitan planning organiza19 tions (as such term is defined in section 

20 134(b) of title 23, United States Code); 

21 (v) members of the American Associa22 tion of State Highway and Transportation 

23 Officials; 

24 (vi) members of the Association of Fish 

25 and Wildlife Agencies; 


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1 (vii) experts in the field of wildlife-ve2 hicle collisions; 

3 (viii) nongovernmental organizations; 

4 and 

5 (ix) other interested stakeholders, as 

6 appropriate. 

7 (2) STANDARDIZED NATIONAL DATA SYSTEM

8 WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—The 

9 Secretary shall— 

10 (A) develop a template for State implemen11 tation of a standardized national wildlife colli12 sion and carcass data system for the National 

13 Highway System that is based on the standard14 ized methodology developed under paragraph (1); 

15 and 

16 (B) encourage the voluntary implementa17 tion of the template developed under subpara18 graph (A) for States, metropolitan planning or19 ganizations, and additional relevant transpor20 tation stakeholders. 

21 (3) REPORTS.— 

22 (A) METHODOLOGY.—The Secretary shall 

23 submit to Congress a report describing the devel24 opment of the standardized methodology required 

25 under paragraph (1) not later than— 


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1 (i) the date that is 18 months after the 

2 date of enactment of this Act; and 

3 (ii) the date that is 180 days after the 

4 date on which the Secretary completes the 

5 development of such standardized method6 ology. 

7 (B) IMPLEMENTATION.—Not later than 3 

8 years after the date of enactment of this Act, the 

9 Secretary shall submit to Congress a report de10 scribing— 

11 (i) the status of the voluntary imple12 mentation of the standardized methodology 

13 developed under paragraph (1) and the tem14 plate developed under paragraph (2)(A); 

15 (ii) whether the implementation of the 

16 standardized methodology developed under 

17 paragraph (1) and the template developed 

18 under paragraph (2)(A) has impacted ef19 forts by States, units of local government, 

20 and other entities— 

21 (I) to reduce the number of wild22 life-vehicle collisions; and 

23 (II) to improve habitat 

24 connectivity; 


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1 (iii) the degree of the impact described 

2 in clause (ii); and 

3 (iv) the recommendations of the Sec4 retary, including recommendations for fur5 ther study aimed at reducing motorist colli6 sions involving wildlife and improving 

7 habitat connectivity for terrestrial and 

8 aquatic species on the National Highway 

9 System, if any. 

10 (c) NATIONAL THRESHOLD GUIDANCE.—The Sec11 retary of Transportation shall— 

12 (1) establish guidance, to be carried out by 

13 States on a voluntary basis, that contains a threshold 

14 for determining whether a highway shall be evaluated 

15 for potential mitigation measures to reduce wildlife16 vehicle collisions and increase habitat connectivity for 

17 terrestrial and aquatic species, taking into consider18 ation— 

19 (A) the number of wildlife-vehicle collisions 

20 on the highway that pose a human safety risk; 

21 (B) highway-related mortality and effects of 

22 traffic on the highway on— 

23 (i) species listed as endangered species 

24 or threatened species under the Endangered 


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1 Species Act of 1973 (16 U.S.C. 1531 et 

2 seq.); 

3 (ii) species identified by a State as 

4 species of greatest conservation need; 

5 (iii) species identified in State wildlife 

6 plans; and 

7 (iv) medium and small terrestrial and 

8 aquatic species; and 

9 (C) habitat connectivity values for terres10 trial and aquatic species and the barrier effect of 

11 the highway on the movements and migrations of 

12 those species. 

13 (d) WORKFORCE DEVELOPMENT AND TECHNICAL

14 TRAINING.— 

15 (1) IN GENERAL.—Not later than 3 years after 

16 the date of enactment of this Act, the Secretary shall, 

17 based on the study conducted under subsection (a), de18 velop a series of in-person and online workforce devel19 opment and technical training courses— 

20 (A) to reduce wildlife-vehicle collisions; and 

21 (B) to improve habitat connectivity for ter22 restrial and aquatic species. 

23 (2) AVAILABILITY.—The Secretary shall— 


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1 (A) make the series of courses developed 

2 under paragraph (1) available for transportation 

3 and fish and wildlife professionals; and 

4 (B) update the series of courses not less fre5 quently than once every 2 years. 

6 (e) WILDLIFE HABITAT CONNECTIVITY AND NATIONAL

7 BRIDGE AND TUNNEL INVENTORY AND INSPECTION STAND8 ARDS.—Section 144 of title 23, United States Code, is 

9 amended in subsection (a)(2)— 

10 (1) in subparagraph (B) by inserting ‘‘, resil11 ience,’’ after ‘‘safety’’; 

12 (2) in subparagraph (D) by striking ‘‘and’’ at 

13 the end; 

14 (3) in subparagraph (E) by striking the period 

15 at the end and inserting ‘‘; and’’; and 

16 (4) by adding at the end the following: 

17 ‘‘(F) to ensure adequate passage of aquatic 

18 and terrestrial species, where appropriate.’’; 

19 SEC. 5108. RESEARCH ACTIVITIES. 

20 Section 330(g) of title 49, United States Code, is 

21 amended by striking ‘‘each of fiscal years 2016 through 

22 2020’’ and inserting ‘‘each of fiscal years 2022 through 

23 2025’’. 

24 SEC. 5109. INNOVATIVE MATERIAL INNOVATION HUBS. 

25 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—The Secretary of Transpor2 tation shall carry out a program to enhance the devel3 opment of innovative materials in the United States 

4 by making awards to consortia for establishing and 

5 operating Hubs (to be known as ‘‘Innovative Material 

6 Innovation Hubs’’) to conduct and support multi7 disciplinary, collaborative research, development, 

8 demonstration, standardized design development, and 

9 commercial application of innovative materials. 

10 (2) COORDINATION.—The Secretary shall ensure 

11 the coordination of, and avoid duplication of, the ac12 tivities of each Hub with the activities of— 

13 (A) other research entities of the Depart14 ment of Transportation, including the Federal 

15 Highway Administration; and 

16 (B) research entities of other Federal agen17 cies, as appropriate. 

18 (b) COMPETITIVE SELECTION PROCESS.— 

19 (1) ELIGIBILITY.—To be eligible to receive an 

20 award for the establishment and operation of a Hub 

21 under subsection (a)(1), a consortium shall— 

22 (A) be composed of not fewer than 2 quali23 fying entities; 


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1 (B) operate subject to a binding agreement, 

2 entered into by each member of the consortium, 

3 that documents— 

4 (i) the proposed partnership agree5 ment, including the governance and man6 agement structure of the Hub; 

7 (ii) measures the consortium will un8 dertake to enable cost-effective implementa9 tion of activities under the program de10 scribed in subsection (a)(1); and 

11 (iii) a proposed budget, including fi12 nancial contributions from non-Federal 

13 sources; and 

14 (C) operate as a nonprofit organization. 

15 (2) APPLICATION.— 

16 (A) IN GENERAL.—A consortium seeking to 

17 establish and operate a Hub under subsection 

18 (a)(1) shall submit to the Secretary an applica19 tion at such time, in such manner, and con20 taining such information as the Secretary may 

21 require, including a detailed description of— 

22 (i) each element of the consortium 

23 agreement required under paragraph 

24 (1)(B); and 


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1 (ii) any existing facilities the consor2 tium intends to use for Hub activities. 

3 (B) REQUIREMENT.—If the consortium 

4 members will not be located at 1 centralized loca5 tion, the application under subparagraph (A) 

6 shall include a communications plan that en7 sures close coordination and integration of Hub 

8 activities. 

9 (3) SELECTION.— 

10 (A) IN GENERAL.—The Secretary shall se11 lect consortia for awards for the establishment 

12 and operation of Hubs through a competitive se13 lection process. 

14 (B) CONSIDERATIONS.—In selecting con15 sortia under subparagraph (A), the Secretary 

16 shall consider— 

17 (i) any existing facilities a consortium 

18 has identified to be used for Hub activities; 

19 (ii) maintaining geographic diversity 

20 in locations of selected Hubs; 

21 (iii) the demonstrated ability of the re22 cipient to conduct and support multidisci23 plinary, collaborative research, development, 

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1 ment, and commercial application of inno2 vative materials; 

3 (iv) the demonstrated research, tech4 nology transfer, and education resources 

5 available to the recipient to carry out this 

6 section; 

7 (v) the ability of the recipient to pro8 vide leadership in solving immediate and 

9 long-range national and regional transpor10 tation problems related to innovative mate11 rials; 

12 (vi) the demonstrated ability of the re13 cipient to disseminate results and spur the 

14 implementation of transportation research 

15 and education programs through national 

16 or statewide continuing education pro17 grams; 

18 (vii) the demonstrated commitment of 

19 the recipient to the use of peer review prin20 ciples and other research best practices in 

21 the selection, management, and dissemina22 tion of research projects; 

23 (viii) the performance metrics to be 

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1 nology transfer, education, and outreach 

2 goals; and 

3 (ix) the ability of the recipient to im4 plement the proposed program in a cost-effi5 cient manner, including through cost shar6 ing and overall reduced overhead, facilities, 

7 and administrative costs. 

8 (4) TRANSPARENCY.— 

9 (A) IN GENERAL.—The Secretary shall pro10 vide to each applicant, upon request, any mate11 rials, including copies of reviews (with any in12 formation that would identify a reviewer re13 dacted), used in the evaluation process of the 

14 proposal of the applicant. 

15 (B) REPORTS.—The Secretary shall submit 

16 to the Committee on Transportation and Infra17 structure of the House of Representatives and the 

18 Committee on Environment and Public Works of 

19 the Senate a report describing the overall review 

20 process under paragraph (2), given the consider21 ations under paragraph (3), that includes— 

22 (i) specific criteria of evaluation used 

23 in the review; 

24 (ii) descriptions of the review process; 

25 and 


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1 (iii) explanations of the selected 

2 awards. 

3 (c) AUTHORIZATION.—There is authorized to be appro4 priated to carry out this section such sums as may be nec5 essary and such sums shall remain available for a period 

6 of 3 years after the last day of the fiscal year in which 

7 such sums were made available. 

8 (d) HUB OPERATIONS.— 

9 (1) IN GENERAL.—Each Hub shall conduct, or 

10 provide for, multidisciplinary, collaborative research, 

11 development, demonstration, and commercial applica12 tion of innovative materials. 

13 (2) ACTIVITIES.—Each Hub shall— 

14 (A) encourage collaboration and commu15 nication among the member qualifying entities 

16 of the consortium, as described in subsection 

17 (b)(1), and awardees; 

18 (B) develop and publish proposed plans and 

19 programs on a publicly accessible website; 

20 (C) submit to the Department of Transpor21 tation an annual report summarizing the activi22 ties of the Hub, including information— 

23 (i) detailing organizational expendi24 tures; and 


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1 (ii) describing each project undertaken 

2 by the Hub, as it relates to conducting and 

3 supporting multidisciplinary, collaborative 

4 research, development, demonstration, 

5 standardized design development, and com6 mercial application of innovative materials; 

7 and 

8 (D) monitor project implementation and co9 ordination. 

10 (3) CONFLICTS OF INTEREST.—Each Hub shall 

11 maintain conflict of interest procedures, consistent 

12 with the conflict of interest procedures of the Depart13 ment of Transportation. 

14 (4) PROHIBITION ON CONSTRUCTION AND REN15 OVATION.— 

16 (A) IN GENERAL.—No funds provided under 

17 this section may be used for construction or ren18 ovation of new buildings, test beds, or additional 

19 facilities for Hubs. 

20 (B) NON-FEDERAL SHARE.—Construction of 

21 new buildings or facilities shall not be considered 

22 as part of the non-Federal share of a Hub cost23 sharing agreement. 


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1 (e) APPLICABILITY.—The Secretary shall administer 

2 this section in accordance with section 330 of title 49, 

3 United States Code. 

4 (f) DEFINITIONS.—In this section: 

5 (1) HUB.—The term ‘‘Hub’’ means an Innova6 tive Material Innovation Hub established under this 

7 section. 

8 (2) QUALIFYING ENTITY.—The term ‘‘qualifying 

9 entity’’ means— 

10 (A) an institution of higher education (as 

11 such term is defined in section 101(a) of the 

12 Higher Education Act of 1965 (20 U.S.C. 

13 1001(a))); 

14 (B) an appropriate Federal or State entity, 

15 including a federally funded research and devel16 opment center of the Department of Transpor17 tation; 

18 (C) a university transportation center 

19 under section 5505 of title 49, United States 

20 Code; and 

21 (D) a research and development entity in 

22 existence on the date of enactment of this Act fo23 cused on innovative materials that the Secretary 

24 determines to be similar in scope and intent to 

25 a Hub under this section. 


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1 (3) INNOVATIVE MATERIAL.—The term ‘‘innova2 tive material’’, with respect to an infrastructure 

3 project, includes materials or combinations and proc4 esses for use of materials that enhance the overall 

5 service life, sustainability, and resiliency of the 

6 project or provide ancillary benefits relative to widely 

7 adopted state of practice technologies, as determined 

8 by the Secretary. 

9 Subtitle B—Technology Deployment 

10 SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT 

11 PROGRAM. 

12 Section 503(c) of title 23, United States Code, is 

13 amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (A) by inserting ‘‘, 

16 while considering the impacts on jobs’’ after 

17 ‘‘transportation community’’; 

18 (B) in subparagraph (D) by striking ‘‘; 

19 and’’ and inserting a semicolon; 

20 (C) in subparagraph (E) by striking the pe21 riod and inserting ‘‘; and’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(F) reducing greenhouse gas emissions and 

24 limiting the effects of climate change.’’; and 


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1 (2) in paragraph (2)(A) by striking the period 

2 and inserting ‘‘and findings from the materials to re3 duce greenhouse gas emissions program under sub4 section (d).’’. 

5 SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOY6 MENT OF PAVEMENT TECHNOLOGIES. 

7 Section 503(c)(3) of title 23, United States Code, is 

8 amended— 

9 (1) in subparagraph (B)— 

10 (A) in clause (v) by striking ‘‘; and’’ and 

11 inserting a semicolon; 

12 (B) in clause (vi) by striking the period 

13 and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(vii) the deployment of innovative 

16 pavement designs, materials, and practices 

17 that reduce or sequester the amount of 

18 greenhouse gas emissions generated during 

19 the production of highway materials and 

20 the construction of highways, with consider21 ation for findings from the materials to re22 duce greenhouse gas emissions program 

23 under subsection (d).’’; 


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1 (2) in subparagraph (C) by striking ‘‘fiscal years 

2 2016 through 2020’’ and inserting ‘‘fiscal years 2022 

3 through 2025’’; and 

4 (3) in subparagraph (D)(ii)— 

5 (A) in subclause (III) by striking ‘‘; and’’ 

6 and inserting a semicolon; 

7 (B) in subclause (IV) by striking the period 

8 and inserting a semicolon; and 

9 (C) by adding at the end the following: 

10 ‘‘(V) pavement monitoring and 

11 data collection practices; 

12 ‘‘(VI) pavement durability and re13 silience; 

14 ‘‘(VII) stormwater management; 

15 ‘‘(VIII) impacts on vehicle effi16 ciency; 

17 ‘‘(IX) the energy efficiency of the 

18 production of paving materials and the 

19 ability of paving materials to enhance 

20 the environment and promote sustain21 ability; 

22 ‘‘(X) integration of renewable en23 ergy in pavement designs; and 

24 ‘‘(XI) greenhouse gas emissions re25 duction, including findings from the 


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1 materials to reduce greenhouse gas 

2 emissions program under subsection 

3 (d).’’. 

4 SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY 

5 DAY COUNTS INITIATIVE. 

6 (a) IN GENERAL.—Chapter 5 of title 23, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘§ 520. Every Day Counts initiative 

9 ‘‘(a) IN GENERAL.—It is in the national interest for 

10 the Department of Transportation, State departments of 

11 transportation, and all other recipients of Federal surface 

12 transportation funds— 

13 ‘‘(1) to identify, accelerate, and deploy innova14 tion aimed at expediting project delivery; 

15 ‘‘(2) enhancing the safety of the roadways of the 

16 United States, and protecting the environment; 

17 ‘‘(3) to ensure that the planning, design, engi18 neering, construction, and financing of transportation 

19 projects is done in an efficient and effective manner; 

20 ‘‘(4) to promote the rapid deployment of proven 

21 solutions that provide greater accountability for pub22 lic investments and encourage greater private sector 

23 involvement; and 

24 ‘‘(5) to create a culture of innovation within the 

25 highway community. 


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1 ‘‘(b) EVERY DAY COUNTS INITIATIVE.—To advance the 

2 policy described in subsection (a), the Administrator of the 

3 Federal Highway Administration shall continue the Every 

4 Day Counts initiative to work with States, local transpor5 tation agencies, all other recipients of Federal surface trans6 portation funds, and industry stakeholders, including labor 

7 representatives, to identify and deploy proven innovative 

8 practices and products that— 

9 ‘‘(1) accelerate innovation deployment; 

10 ‘‘(2) expedite the project delivery process; 

11 ‘‘(3) improve environmental sustainability; 

12 ‘‘(4) enhance roadway safety; 

13 ‘‘(5) reduce congestion; and 

14 ‘‘(6) reduce greenhouse gas emissions. 

15 ‘‘(c) CONSIDERATIONS.—In carrying out the Every 

16 Day Counts initiative, the Administrator shall consider 

17 any innovative practices and products in accordance with 

18 subsections (a) and (b), including— 

19 ‘‘(1) research results from the university trans20 portation centers program under section 5505 of title 

21 49; and 

22 ‘‘(2) results from the materials to reduce green23 house gas emissions program in section 503(d). 

24 ‘‘(d) INNOVATION DEPLOYMENT.— 


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1 ‘‘(1) IN GENERAL.—At least every 2 years, the 

2 Administrator shall work collaboratively with stake3 holders to identify a new collection of innovations, 

4 best practices, and data to be deployed to highway 

5 stakeholders through case studies, outreach, and dem6 onstration projects. 

7 ‘‘(2) REQUIREMENTS.—In identifying a collec8 tion described in paragraph (1), the Secretary shall 

9 take into account market readiness, impacts, benefits, 

10 and ease of adoption of the innovation or practice. 

11 ‘‘(e) PUBLICATION.—Each collection identified under 

12 subsection (d) shall be published by the Administrator on 

13 a publicly available website. 

14 ‘‘(f) FUNDING.—The Secretary may use funds made 

15 available to carry out section 503(c) to carry out this sec16 tion.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chapter 

18 5 of title 23, United States Code, is amended by adding 

19 at the end the following new item: 

‘‘520. Every Day Counts initiative.’’. 

20 (c) REPEAL.—Section 1444 of the FAST Act (23 

21 U.S.C. 101 note), and the item related to such section in 

22 the table of contents in section 1(b) of such Act, are repealed. 


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1 Subtitle C—Emerging Technologies 

2 SEC. 5301. SAFE, EFFICIENT MOBILITY THROUGH AD3 VANCED TECHNOLOGIES. 

4 Section 503(c)(4) of title 23, United States Code, is 

5 amended— 

6 (1) in subparagraph (A)— 

7 (A) by striking ‘‘Not later than 6 months 

8 after the date of enactment of this paragraph, 

9 the’’ and inserting ‘‘The’’; 

10 (B) by striking ‘‘establish an advanced 

11 transportation and congestion management tech12 nologies deployment’’ and inserting ‘‘establish a 

13 safe, efficient mobility through advanced tech14 nologies’’; 

15 (C) by inserting ‘‘mobility,’’ before ‘‘effi16 ciency,’’; and 

17 (D) by inserting ‘‘environmental impacts,’’ 

18 after ‘‘system performance,’’; 

19 (2) in subparagraph (B)— 

20 (A) by striking clause (i) and inserting the 

21 following: 

22 ‘‘(i) reduce costs, improve return on 

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1 timization of existing transportation capac2 ity;’’; 

3 (B) in clause (iv) by inserting ‘‘bicyclist 

4 and’’ before ‘‘pedestrian’’; 

5 (C) in clause (vii) by striking ‘‘; or’’ and 

6 inserting a semicolon; 

7 (D) in clause (viii)— 

8 (i) by striking ‘‘accelerate’’ and insert9 ing ‘‘prepare for’’; and 

10 (ii) by striking the period and insert11 ing ‘‘; or’’; and 

12 (E) by adding at the end the following: 

13 ‘‘(ix) reduce greenhouse gas emissions 

14 and limit the effects of climate change.’’; 

15 (3) in subparagraph (C)— 

16 (A) in clause (ii)(II)(aa) by striking ‘‘con17 gestion’’ and inserting ‘‘congestion and delays, 

18 greenhouse gas emissions’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(iii) CONSIDERATIONS.—An applica21 tion submitted under this paragraph may 

22 include a description of how the proposed 

23 project would support the national goals de24 scribed in section 150(b), the achievement of 

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1 lished under section 150(d), or the improve2 ment of transportation system access con3 sistent with section 150(f), including 

4 through— 

5 ‘‘(I) the congestion and on-road 

6 mobile-source emissions performance 

7 measure established under section 

8 150(c)(5); or 

9 ‘‘(II) the greenhouse gas emissions 

10 performance measure established under 

11 section 150(c)(7).’’; 

12 (4) in subparagraph (D) by adding at the end 

13 the following: 

14 ‘‘(iv) PRIORITIZATION.—In awarding 

15 a grant under this paragraph, the Secretary 

16 shall prioritize projects that, in accordance 

17 with the criteria described in subparagraph 

18 (B)— 

19 ‘‘(I) improve person throughput 

20 and mobility, including through the 

21 optimization of existing transportation 

22 capacity; 

23 ‘‘(II) deliver environmental bene24 fits; 


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1 ‘‘(III) reduce the number and se2 verity of traffic accidents and increase 

3 driver, passenger, and bicyclist and pe4 destrian safety; or 

5 ‘‘(IV) reduce greenhouse gas emis6 sions. 

7 ‘‘(v) GRANT DISTRIBUTION.—The Sec8 retary shall award not fewer than 3 grants 

9 under this paragraph based on the potential 

10 of the project to reduce the number and se11 verity of traffic crashes and increase, driver, 

12 passenger, and bicyclist and pedestrian 

13 safety.’’; 

14 (5) in subparagraph (E)— 

15 (A) in clause (vi)— 

16 (i) by inserting ‘‘, vehicle-to-pedes17 trian,’’ after ‘‘vehicle-to-vehicle’’; and 

18 (ii) by inserting ‘‘systems to improve 

19 vulnerable road user safety,’’ before ‘‘tech20 nologies associated with’’ ; and 

21 (B) in clause (ix) by inserting ‘‘, including 

22 activities under section 5316 of title 49’’ after 

23 ‘‘disabled individuals’’; 

24 (6) by striking subparagraph (G) and inserting 

25 the following: 


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1 ‘‘(G) REPORTING.— 

2 ‘‘(i) APPLICABILITY OF LAW.—The pro3 gram under this paragraph shall be subject 

4 to the accountability and oversight require5 ments in section 106(m). 

6 ‘‘(ii) REPORT.—Not later than 1 year 

7 after the date that the first grant is award8 ed under this paragraph, and each year 

9 thereafter, the Secretary shall make avail10 able to the public on a website a report that 

11 describes the effectiveness of grant recipients 

12 in meeting their projected deployment 

13 plans, including data provided under sub14 paragraph (F) on how the program has— 

15 ‘‘(I) reduced traffic-related fatali16 ties and injuries; 

17 ‘‘(II) reduced traffic congestion 

18 and improved travel time reliability; 

19 ‘‘(III) reduced transportation-re20 lated emissions; 

21 ‘‘(IV) optimized multimodal sys22 tem performance; 

23 ‘‘(V) improved access to transpor24 tation alternatives; 


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1 ‘‘(VI) provided the public with ac2 cess to real-time integrated traffic, 

3 transit, and multimodal transpor4 tation information to make informed 

5 travel decisions; 

6 ‘‘(VII) provided cost savings to 

7 transportation agencies, businesses, 

8 and the traveling public; 

9 ‘‘(VIII) created or maintained 

10 transportation jobs and supported 

11 transportation workers; or 

12 ‘‘(IX) provided other benefits to 

13 transportation users and the general 

14 public. 

15 ‘‘(iii) CONSIDERATIONS.—If applica16 ble, the Secretary shall ensure that the ac17 tivities described in subclauses (I) and (IV) 

18 of clause (ii) reflect— 

19 ‘‘(I) any information described in 

20 subparagraph (C)(iii) that is included 

21 by an applicant; or 

22 ‘‘(II) the project prioritization 

23 guidelines under subparagraph 

24 (D)(iv).’’; 


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1 (7) in subparagraph (I) by striking ‘‘(i) IN GEN2 ERAL’’ and all that follows through ‘‘the Secretary 

3 may set aside’’ and inserting ‘‘Of the amounts made 

4 available to carry out this paragraph, the Secretary 

5 may set aside’’; 

6 (8) in subparagraph (J) by striking the period 

7 at the end and inserting ‘‘, except that the Federal 

8 share of the cost of a project for which a grant is 

9 awarded under this paragraph shall not exceed 80 

10 percent.’’; 

11 (9) in subparagraph (K) by striking ‘‘amount 

12 described under subparagraph (I)’’ and inserting 

13 ‘‘funds made available to carry out this paragraph’’; 

14 (10) by striking subparagraph (M) and inserting 

15 the following: 

16 ‘‘(M) GRANT FLEXIBILITY.—If, by August 1 

17 of each fiscal year, the Secretary determines that 

18 there are not enough grant applications that 

19 meet the requirements described in subparagraph 

20 (C) to carry out this paragraph for a fiscal year, 

21 the Secretary shall transfer to the technology and 

22 innovation deployment program— 

23 ‘‘(i) any of the funds made available to 

24 carry out this paragraph in a fiscal year 


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1 that the Secretary has not yet awarded 

2 under this paragraph; and 

3 ‘‘(ii) an amount of obligation limita4 tion equal to the amount of funds that the 

5 Secretary transfers under clause (i).’’; and 

6 (11) in subparagraph (N)— 

7 (A) in clause (i) by inserting ‘‘an urbanized 

8 area with’’ before ‘‘a population of’’; and 

9 (B) in clause (iii) by striking ‘‘a any’’ and 

10 inserting ‘‘any’’. 

11 SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PRO12 GRAM. 

13 (a) USE OF FUNDS FOR ITS ACTIVITIES.—Section 

14 513(c)(1) of title 23, United States Code, is amended by 

15 inserting ‘‘greenhouse gas emissions reduction,’’ before ‘‘and 

16 congestion management’’. 

17 (b) GOALS AND PURPOSES.—Section 514(a) of title 23, 

18 United States Code, is amended— 

19 (1) in paragraph (6) by striking ‘‘national 

20 freight policy goals’’ and inserting ‘‘national 

21 multimodal freight policy goals and activities de22 scribed in subtitle IX of title 49’’; 

23 (2) by redesignating paragraphs (4), (5), and (6) 

24 as paragraphs (5), (6), and (7), respectively; and 


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1 (3) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) reduction of greenhouse gas emissions and 

4 mitigation of the effects of climate change;’’. 

5 (c) GENERAL AUTHORITIES AND REQUIREMENTS.— 

6 Section 515(h) of title 23, United States Code, is amend7 ed— 

8 (1) in paragraph (2)— 

9 (A) by striking ‘‘20 members’’ and inserting 

10 ‘‘25 members’’; 

11 (B) in subparagraph (A) by striking ‘‘State 

12 highway department’’ and inserting ‘‘State de13 partment of transportation’’; 

14 (C) in subparagraph (B) by striking ‘‘local 

15 highway department’’ and inserting ‘‘local de16 partment of transportation’’; 

17 (D) by striking subparagraphs (E), (F), 

18 (G), (H), (I), and (J) and inserting the fol19 lowing: 

20 ‘‘(E) a private sector representative of the 

21 intelligent transportation systems industry; 

22 ‘‘(F) a representative from an advocacy 

23 group concerned with safety, including bicycle 

24 and pedestrian interests; 


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1 ‘‘(G) a representative from a labor organi2 zation; and’’; 

3 (E) by redesignating subparagraph (K) as 

4 subparagraph (H); and 

5 (F) by striking subparagraph (L); 

6 (2) in paragraph (3)— 

7 (A) in subparagraph (A) by striking ‘‘sec8 tion 508’’ and inserting ‘‘section 6503 of title 

9 49’’; 

10 (B) in subparagraph (B)— 

11 (i) in clause (ii)— 

12 (I) by inserting ‘‘in both urban 

13 and rural areas’’ after ‘‘by users’’; and 

14 (II) by striking ‘‘; and’’ and in15 serting a semicolon; 

16 (ii) in clause (iii) by striking the pe17 riod and inserting ‘‘; and’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(iv) assess how Federal transportation 

21 resources, including programs under this 

22 title, are being used to advance intelligent 

23 transportation systems.’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(C) Convene not less frequently than twice 

2 each year, either in person or remotely.’’; 

3 (3) in paragraph (4) by striking ‘‘May 1’’ and 

4 inserting ‘‘April 1’’; and 

5 (4) in paragraph (5) by inserting ‘‘, except that 

6 section 14 of such Act shall not apply’’ before the pe7 riod at the end. 

8 (d) RESEARCH AND DEVELOPMENT.—Section 516(b) 

9 of title 23, United States Code, is amended— 

10 (1) by redesignating paragraphs (5), (6), and (7) 

11 as paragraphs (6), (7), and (8), respectively; and 

12 (2) by inserting after paragraph (4) the fol13 lowing: 

14 ‘‘(5) demonstrate reductions in greenhouse gas 

15 emissions;’’. 

16 SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND 

17 MOBILITY INNOVATION CLEARINGHOUSE. 

18 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

19 49, United States Code, is further amended by adding at 

20 the end the following: 

21 ‘‘§ 5507. National highly automated vehicle and mo22 bility innovation clearinghouse 

23 ‘‘(a) IN GENERAL.—The Secretary shall make a grant 

24 to an institution of higher education engaged in research 


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1 on the secondary impacts of highly automated vehicles and 

2 mobility innovation to— 

3 ‘‘(1) operate a national highly automated vehicle 

4 and mobility innovation clearinghouse; 

5 ‘‘(2) collect, conduct, and fund research on the 

6 secondary impacts of highly automated vehicles and 

7 mobility innovation; 

8 ‘‘(3) make such research available on a public 

9 website; and 

10 ‘‘(4) conduct outreach and dissemination of the 

11 information described in this subsection to assist com12 munities. 

13 ‘‘(b) DEFINITIONS.—In this section: 

14 ‘‘(1) HIGHLY AUTOMATED VEHICLE.—The term 

15 ‘highly automated vehicle’ means a motor vehicle 

16 that— 

17 ‘‘(A) is capable of performing the entire 

18 task of driving (including steering, accelerating 

19 and decelerating, and reacting to external stim20 ulus) without human intervention; and 

21 ‘‘(B) is designed to be operated exclusively 

22 by a Level 3, Level 4, or Level 5 automated driv23 ing system for all trips according to the rec24 ommended practice standards published on June 

25 15, 2018, by the Society of Automotive Engineers 


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1 International (J3016l201806) or equivalent 

2 standards adopted by the Secretary with respect 

3 to automated motor vehicles. 

4 ‘‘(2) MOBILITY INNOVATION.—The term ‘mobility 

5 innovation’ means an activity described in section 

6 5316, including mobility on demand and mobility as 

7 a service (as such terms are defined in such section). 

8 ‘‘(3) INSTITUTION OF HIGHER EDUCATION .—The 

9 term ‘institution of higher education’ has the meaning 

10 given the term in section 101 of the Higher Education 

11 Act of 1965 (20 U.S.C. 1001). 

12 ‘‘(4) SECONDARY IMPACTS.—The term ‘secondary 

13 impacts’ means the impacts on land use, urban de14 sign, transportation, real estate, accessibility, munic15 ipal budgets, social equity, availability and quality of 

16 jobs, and the environment.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chapter 

18 55 of title 49, United States Code, is amended by inserting 

19 after the item relating to section 5506, as added by this 

20 Act, the following: 

‘‘5507. National highly automated vehicle and mobility innovation clearinghouse.’’. 

21 (c) DEADLINE FOR CLEARINGHOUSE.—The Secretary 

22 of Transportation shall ensure that the institution of higher 

23 education that receives the grant described in section 

24 5507(a)(1) of title 49, United States Code, as added by subVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00856 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 section (a), shall establish the national highly automated 

2 vehicle clearinghouse described in such section not later 

3 than 180 days after the date of enactment of this Act. 

4 SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTO5 MATED VEHICLES AND ROAD USERS. 

6 (a) PURPOSE.—The purpose of this section shall be to 

7 ensure that the increasing deployment of automated vehicles 

8 does not jeopardize the safety of road users. 

9 (b) STUDY.— 

10 (1) ESTABLISHMENT.—Not later than 9 months 

11 after the date of enactment of this Act, the Secretary 

12 of Transportation shall initiate a study on the ability 

13 of automated vehicles to safely interact with other 

14 road users. 

15 (2) CONTENTS.—In carrying out the study under 

16 paragraph (1), the Secretary shall— 

17 (A) examine the ability of automated vehi18 cles to safely interact with general road users, 

19 including vulnerable road users; 

20 (B) identify barriers to improving the safe21 ty of interactions between automated vehicles 

22 and general road users; and 

23 (C) issue recommendations to improve the 

24 safety of interactions between automated vehicles 


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1 and general road users, including, at a min2 imum— 

3 (i) technology advancements with the 

4 potential to facilitate safer interactions be5 tween automated vehicles and general road 

6 users given the safety considerations in 

7 paragraph (3); 

8 (ii) road user public awareness; and 

9 (iii) improvements to transportation 

10 planning and road design. 

11 (3) CONSIDERATIONS.—In carrying out the 

12 study under paragraph (1), the Secretary shall take 

13 into consideration whether automated vehicles can 

14 safely operate within the surface transportation sys15 tem, including— 

16 (A) the degree to which ordinary human be17 haviors make it difficult for an automated vehi18 cle to safely, reliably predict human actions; 

19 (B) unique challenges for automated vehicles 

20 in urban and rural areas; 

21 (C) the degree to which an automated vehi22 cle is capable of uniformly recognizing and re23 sponding to individuals with disabilities and in24 dividuals of different sizes, ages, races, and other 

25 varying characteristics; 


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1 (D) for bicyclist, motorcyclist, and pedes2 trian road users— 

3 (i) the varying and non-standardized 

4 nature of bicyclist and pedestrian infra5 structure in different locations; 

6 (ii) the close proximity to motor vehi7 cles within which bicyclists often operate, 

8 including riding in unprotected bike lanes 

9 and crossing lanes to make a left turn, and 

10 the risk of such close proximity; and 

11 (iii) roadways that lack marked bicy12 clist infrastructure, particularly in 

13 midsized and rural areas, on which 

14 bicyclists often operate; 

15 (E) for motorcyclist road users, the close 

16 proximity to other motor vehicles within which 

17 motorcyclists operate, including lane splitting; 

18 and 

19 (F) depending on the level of automation of 

20 the vehicle, the degree to which human interven21 tion remains necessary to safely operate an auto22 mated vehicle to ensure the safety of general road 

23 users in circumstances including— 

24 (i) dangerous weather; 


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1 (ii) an electronic or system malfunc2 tion of the automated vehicle; and 

3 (iii) a cybersecurity threat to the oper4 ation of the vehicle. 

5 (4) PUBLIC COMMENT.—Before conducting the 

6 study under paragraph (1), the Secretary shall pro7 vide an opportunity for public comment on the study 

8 proposal. 

9 (c) WORKING GROUP.— 

10 (1) ESTABLISHMENT.—Not later than 6 months 

11 after the date of enactment of this Act, the Secretary 

12 of Transportation shall establish a working group to 

13 assist in the development of the study and rec14 ommendations under subsection (b). 

15 (2) MEMBERSHIP.—The working group estab16 lished under paragraph (1) shall include representa17 tion from— 

18 (A) the National Highway Traffic Safety 

19 Administration; 

20 (B) State departments of transportation; 

21 (C) local governments (other than metro22 politan planning organizations, as such term is 

23 defined in section 134(b) of title 23, United 

24 States Code); 

25 (D) transit agencies; 


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1 (E) metropolitan planning organizations 

2 (as such term is defined in section 134(b) of title 

3 23, United States Code); 

4 (F) bicycle and pedestrian safety groups; 

5 (G) highway and automobile safety groups; 

6 (H) truck safety groups; 

7 (I) law enforcement officers and first re8 sponders; 

9 (J) motor carriers and independent owner10 operators; 

11 (K) the road construction industry; 

12 (L) labor organizations; 

13 (M) academic experts on automated vehicle 

14 technologies; 

15 (N) manufacturers and developers of both 

16 passenger and commercial automated vehicles; 

17 (O) a motorcyclist rights group; and 

18 (P) other industries and entities as the Sec19 retary determines appropriate. 

20 (3) DUTIES.—The working group established 

21 under paragraph (1) shall assist the Secretary by, at 

22 a minimum— 

23 (A) assisting in the development of the scope 

24 of the study under subsection (b); 


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1 (B) reviewing the data and analysis from 

2 such study; 

3 (C) provide ongoing recommendations and 

4 feedback to ensure that such study reflects the 

5 contents described in paragraphs (2) and (3) of 

6 subsection (b); and 

7 (D) providing input to the Secretary on rec8 ommendations required under subsection 

9 (b)(2)(C). 

10 (4) APPLICABILITY OF THE FEDERAL ADVISORY

11 COMMITTEE ACT.—The working group under this sub12 section shall be subject to the Federal Advisory Com13 mittee Act (5 U.S.C. App.), except that section 14 of 

14 such Act shall not apply. 

15 (d) REPORT.—Not later than 2 years after the date 

16 of enactment of this Act, the Secretary of Transportation 

17 shall submit to the Committee on Transportation and In18 frastructure of the House of Representatives and the Com19 mittee on Commerce, Science, and Transportation of the 

20 Senate, and make publicly available, the study initiated 

21 under subsection (b), including recommendations for ensur22 ing that automated vehicles safely interact with general 

23 road users. 

24 (e) DEFINITIONS.—In this section: 


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1 (1) AUTOMATED VEHICLE.—The term ‘‘auto2 mated vehicle’’ means a motor vehicle equipped with 

3 Level 3, Level 4, or Level 5 automated driving sys4 tems for all trips according to the recommended prac5 tice standards published on June 15, 2018 by the So6 ciety of Automotive Engineers International 

7 (J3016l201806) or equivalent standards adopted by 

8 the Secretary with respect to automated motor vehi9 cles. 

10 (2) GENERAL ROAD USERS.—The term ‘‘general 

11 road users’’ means— 

12 (A) motor vehicles driven by individuals; 

13 (B) bicyclists and pedestrians; 

14 (C) motorcyclists; 

15 (D) workers in roadside construction zones; 

16 (E) emergency response vehicles, including 

17 first responders; 

18 (F) vehicles providing local government 

19 services, including street sweepers and waste col20 lection vehicles; 

21 (G) law enforcement officers; 

22 (H) personnel who manually direct traffic, 

23 including crossing guards; 

24 (I) users of shared micromobility (including 

25 bikesharing and shared scooter systems); and 


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1 (J) other road users that may interact with 

2 automated vehicles, as determined by the Sec3 retary of Transportation. 

4 (3) VULNERABLE ROAD USER.—The term ‘‘vul5 nerable road user’’ has the meaning given such term 

6 in section 148(a) of title 23, United States Code. 

7 SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPOR8 TATION TECHNOLOGY COUNCIL. 

9 (a) IN GENERAL.—Chapter 1 of title 49, United States 

10 Code, is amended by adding at the end the following: 

11 ‘‘§ 118. Nontraditional and Emerging Transportation 

12 Technology Council 

13 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor14 tation shall establish a Nontraditional and Emerging 

15 Transportation Technology Council (hereinafter referred to 

16 as the ‘Council’) in accordance with this section. 

17 ‘‘(b) MEMBERSHIP.— 

18 ‘‘(1) IN GENERAL.—The Council shall be com19 posed of the following officers of the Department of 

20 Transportation: 

21 ‘‘(A) The Secretary of Transportation. 

22 ‘‘(B) The Deputy Secretary of Transpor23 tation. 

24 ‘‘(C) The Under Secretary of Transpor25 tation for Policy. 


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1 ‘‘(D) The General Counsel of the Depart2 ment of Transportation. 

3 ‘‘(E) The Chief Information Officer of the 

4 Department of Transportation. 

5 ‘‘(F) The Assistant Secretary for Research 

6 and Technology. 

7 ‘‘(G) The Assistant Secretary for Budget 

8 and Programs. 

9 ‘‘(H) The Administrator of the Federal 

10 Aviation Administration. 

11 ‘‘(I) The Administrator of the Federal 

12 Highway Administration. 

13 ‘‘(J) The Administrator of the Federal 

14 Motor Carrier Safety Administration. 

15 ‘‘(K) The Administrator of the Federal 

16 Railroad Administration. 

17 ‘‘(L) The Administrator of the Federal 

18 Transit Administration. 

19 ‘‘(M) The Administrator of the Federal 

20 Maritime Administration. 

21 ‘‘(N) The Administrator of the National 

22 Highway Traffic Safety Administration. 

23 ‘‘(O) The Administrator of the Pipeline and 

24 Hazardous Materials Safety Administration. 


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1 ‘‘(2) ADDITIONAL MEMBERS.—The Secretary 

2 may designate additional members of the Department 

3 to serve as at-large members of the Council. 

4 ‘‘(3) CHAIR AND VICE CHAIR.—The Secretary 

5 may designate officials to serve as the Chair and Vice 

6 Chair of the Council and of any working groups of 

7 the Council. 

8 ‘‘(c) DUTIES.—The Council shall— 

9 ‘‘(1) identify and resolve any jurisdictional or 

10 regulatory gaps or inconsistencies associated with 

11 nontraditional and emerging transportation tech12 nologies, modes, or projects pending or brought before 

13 the Department to eliminate, so far as practicable, 

14 impediments to the prompt and safe deployment of 

15 new and innovative transportation technology, in16 cluding with respect to safety regulation and over17 sight, environmental review, and funding issues; 

18 ‘‘(2) coordinate the Department’s internal over19 sight of nontraditional and emerging transportation 

20 technologies, modes, or projects and engagement with 

21 external stakeholders; 

22 ‘‘(3) within applicable statutory authority other 

23 than this paragraph, develop and establish depart24 ment-wide processes, solutions, and best practices for 

25 identifying, managing and resolving issues regarding 


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1 emerging transportation technologies, modes, or 

2 projects pending or brought before the Department; 

3 and 

4 ‘‘(4) carry out such additional duties as the Sec5 retary may prescribe, to the extent consistent with 

6 this title, including subsections (f)(2) and (g) of sec7 tion 106.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chapter 

9 1 of title 49, United States Code, is amended by adding 

10 at the end the following: 

‘‘118. Nontraditional and Emerging Transportation Technology Council.’’. 

11 SEC. 5306. HYPERLOOP TRANSPORTATION. 

12 (a) IN GENERAL.—Not later than 6 months after the 

13 date of enactment of this Act, the Secretary of Transpor14 tation, acting through the Nontraditional and Emerging 

15 Transportation Technology Council of the Department of 

16 Transportation, shall issue guidance to provide a clear reg17 ulatory framework for the safe deployment of hyperloop 

18 transportation. 

19 (b) ELEMENTS.—In developing the guidance under 

20 subsection (a), the Council shall— 

21 (1) consider safety, oversight, environmental, 

22 project delivery, and other regulatory requirements 

23 prescribed by various modal administrations in the 

24 Department; 


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1 (2) clearly delineate between relevant authorities 

2 with respect to hyperloop transportation in the De3 partment and provide project sponsors with a single 

4 point of access to the Department to inquire about 

5 projects, plans, and proposals; 

6 (3) establish clear, coordinated procedures for the 

7 regulation of hyperloop transportation projects; and 

8 (4) develop and establish department-wide proc9 esses, solutions, and best practices for identifying, 

10 managing, and resolving matters regarding hyperloop 

11 transportation subject to the Department’s jurisdic12 tion. 

13 SEC. 5307. SURFACE TRANSPORTATION WORKFORCE RE14 TRAINING GRANT PROGRAM. 

15 (a) ESTABLISHMENT.—The Secretary of Transpor16 tation shall establish a program to make grants to eligible 

17 entities to develop a curriculum for and establish transpor18 tation workforce training programs in urban and rural 

19 areas to train, upskill, and prepare surface transportation 

20 workers, whose jobs may be changed or worsened by automa21 tion, who have been separated from their jobs, or who have 

22 received notice of impending job loss, as a result of being 

23 replaced by automated driving systems. 

24 (b) ELIGIBLE ENTITIES.—The following entities shall 

25 be eligible to receive grants under this section: 


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1 (1) Institutions of higher education. 

2 (2) Consortia of institutions of higher education. 

3 (3) Trade associations. 

4 (4) Nongovernmental stakeholders. 

5 (5) Organizations with a demonstrated capacity 

6 to develop and provide career ladder programs 

7 through labor-management partnerships and appren8 ticeships on a nationwide basis. 

9 (c) LIMITATION ON AWARDS.—An entity may only re10 ceive one grant per fiscal year under this section for an 

11 amount determined appropriate by the Secretary. 

12 (d) USE OF FUNDS.— 

13 (1) IN GENERAL.—A recipient of a grant under 

14 this section may only use grant amounts for devel15 oping and carrying out direct surface transportation 

16 workforce retraining programs, including— 

17 (A) testing of new roles for existing jobs, in18 cluding mechanical work, diagnostic work, and 

19 fleet operations management; 

20 (B) coursework or curricula through which 

21 participants may pursue a degree or certifi22 cation; 

23 (C) direct worker training or train-the24 trainer type programs in support of surface 


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1 transportation workers displaced by automated 

2 vehicles; or 

3 (D) training and upskilling workers, in4 cluding current drivers and maintenance techni5 cians, for positions directly related to automated 

6 vehicle operations. 

7 (2) LIMITATION.—Funds made available under 

8 this section may not be used in support of programs 

9 to evaluate the effectiveness of automated vehicle tech10 nologies. 

11 (e) SELECTION CRITERIA.—The Secretary shall select 

12 recipients of grants under this section based on the following 

13 criteria: 

14 (1) Demonstrated research resources available to 

15 the applicant for carrying out this section. 

16 (2) Capability of the applicant to develop cur17 ricula in the training or retraining of individuals de18 scribed in subsection (a) as a result of automated ve19 hicles. 

20 (3) Demonstrated commitment of the recipient to 

21 carry out a surface transportation workforce develop22 ment program through degree-granting programs or 

23 programs that provide other industry-recognized cre24 dentials. 


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1 (4) The ability of the applicant to fulfill the pur2 poses under subsection (a). 

3 (f) ELIGIBILITY.—An applicant is only eligible for a 

4 grant under this section if such applicant— 

5 (1) has an established surface transportation 

6 workforce development program; 

7 (2) has expertise in solving surface transpor8 tation problems through research, training, education, 

9 and technology; 

10 (3) actively shares information and results with 

11 other surface transportation workforce development 

12 programs with similar objectives; 

13 (4) has experience in establishing, developing 

14 and administering a surface transportation-related 

15 apprenticeship or training program with at least 5 

16 years of demonstrable results; and 

17 (5) agrees to make all curricula, research find18 ings, or other materials developed using grant fund19 ing under this section publicly available. 

20 (g) FEDERAL SHARE.— 

21 (1) IN GENERAL.—The Federal share of a grant 

22 under this section shall be a dollar for dollar match 

23 of the costs of establishing and administering the re24 training program and related activities carried out 


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1 by the grant recipient or consortium of grant recipi2 ents. 

3 (2) AVAILABILITY OF FUNDS.—For a recipient of 

4 a grant under this section carrying out activities 

5 under such grant in partnership with a public trans6 portation agency that is receiving funds under sec7 tions 5307, 5337, or 5339 of title 49, United States 

8 Code, not more than 0.5 percent of amounts made 

9 available under any such section may qualify as the 

10 non-Federal share under paragraph (1). 

11 (h) REPORTING.—Not later than 60 days after grants 

12 are awarded in any fiscal year under this section, the Sec13 retary shall submit to the Committee on Transportation 

14 and Infrastructure of the House of Representatives and the 

15 Committees on Commerce, Science, and Transportation, 

16 Banking, Housing, and Urban Affairs, and Environment 

17 and Public Works of the Senate, and make publicly avail18 able, a report describing the activities and effectiveness of 

19 the program under this section. 

20 (1) TRANSPARENCY.—The report under this sub21 section shall include the following information on ac22 tivities carried out under this section: 

23 (A) A list of all grant recipients under this 

24 section. 


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1 (B) An explanation of why each recipient 

2 was chosen in accordance with the selection cri3 teria under subsection (e) and the eligibility re4 quirements under subsection (f). 

5 (C) A summary of activities carried out by 

6 each recipient and an analysis of the progress of 

7 such activities toward achieving the purposes 

8 under subsection (a). 

9 (D) An accounting for the use of Federal 

10 funds expended in carrying out this section. 

11 (E) An analysis of outcomes of the program 

12 under this section. 

13 (2) TRAINING INFORMATION.—The report shall 

14 include the following data on surface transportation 

15 workforce training: 

16 (A) The sectors of the surface transportation 

17 system from which workers are being displaced. 

18 (B) The skills and professions for which 

19 workers are being retrained. 

20 (C) How many workers have benefitted from 

21 the grant award. 

22 (D) Relevant demographic information of 

23 impacted workers. 

24 (i) DEFINITIONS.—For the purposes of this section, the 

25 following definitions apply: 


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1 (1) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’ has the mean3 ing given the term in section 101 of the Higher Edu4 cation Act of 1965 (20 U.S.C. 1001). 

5 (2) AUTOMATED VEHICLE.—The term ‘‘auto6 mated vehicle’’ means a motor vehicle that— 

7 (A) is capable of performing the entire task 

8 of driving (including steering, accelerating, and 

9 decelerating, and reacting to external stimulus) 

10 without human intervention; and 

11 (B) is designed to be operated exclusively by 

12 a Level 4 or Level 5 automated driving system 

13 for all trips according to the recommended prac14 tice standards published on June 15, 2018, by 

15 the Society of Automotive Engineers Inter16 national (J3016l201806) or equivalent stand17 ards adopted by the Secretary with respect to 

18 automated motor vehicles. 

19 (3) PUBLIC TRANSPORTATION.—The term ‘‘pub20 lic transportation’’ has the meaning given such term 

21 in section 5302 of title 49, United States Code. 

22 (j) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) IN GENERAL.—There is authorized to be ap24 propriated $50,000,000 for each of fiscal years 2022 

25 through 2025 to carry out this section. 


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1 (2) AVAILABILITY OF AMOUNTS.—Amounts made 

2 available to the Secretary to carry out this section 

3 shall remain available for a period of 3 years after 

4 the last day of the fiscal year for which the amounts 

5 are authorized. 

6 SEC. 5308. THIRD-PARTY DATA INTEGRATION PILOT PRO7 GRAM. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of enactment of this Act, the Secretary of Transpor10 tation shall establish and implement a pilot program (in 

11 this section referred to as the ‘‘program’’) to leverage anony12 mous crowdsourced data from third-party entities to im13 prove transportation management capabilities and effi14 ciency on Federal-aid highways. 

15 (b) GOALS.—The goals of the program include the uti16 lization of anonymous crowdsourced data from third par17 ties to implement integrated traffic management systems 

18 which leverage real-time data to provide dynamic and effi19 cient traffic-flow management for purposes of— 

20 (1) adjusting traffic light cycle times to optimize 

21 traffic management and decrease congestion; 

22 (2) expanding or contracting lane capacity to 

23 meet traffic demand; 

24 (3) enhancing traveler notification of service con25 ditions; 


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1 (4) prioritizing high-priority vehicles such as 

2 emergency response and law enforcement within the 

3 transportation system; and 

4 (5) any other purposes which the Secretary 

5 deems an appropriate use of anonymous user data. 

6 (c) PARTNERSHIP.—In carrying out the program, the 

7 Secretary is authorized to enter into agreements with public 

8 and private sector entities to accomplish the goals listed in 

9 subsection (b). 

10 (d) DATA PRIVACY AND SECURITY.—The Secretary 

11 shall ensure the protection of privacy for all sources of data 

12 utilized in the program, promoting cybersecurity to prevent 

13 hacking, spoofing, and disruption of connected and auto14 mated transportation systems. 

15 (e) PROGRAM LOCATIONS.—In carrying out the pro16 gram, the Secretary shall initiate programs in a variety 

17 of areas, including urban, suburban, rural, tribal, or any 

18 other appropriate settings. 

19 (f) BEST PRACTICES.—Not later than 3 years after 

20 date of enactment of this Act, the Secretary shall publicly 

21 make available best practices to leverage private user data 

22 to support improved transportation management capabili23 ties and efficiency, including— 

24 (1) legal considerations when acquiring private 

25 user data for public purposes; and 


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1 (2) protecting privacy and security of individual 

2 user data. 

3 (g) REPORT.—The Secretary shall annually submit a 

4 report to the Committee on Transportation and Infrastruc5 ture of the House of Representatives and the Committee on 

6 Environment and Public Works of the Senate a report de7 tailing— 

8 (1) a description of the activities carried out 

9 under the pilot program; 

10 (2) an evaluation of the effectiveness of the pilot 

11 program in meeting goals descried in subsection (b); 

12 (3) policy recommendations to improve integra13 tion of systems between public and private entities; 

14 and 

15 (4) a description of costs associated with equip16 ping and maintaining systems. 

17 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated such sums as are necessary 

19 to carry out the program. 

20 (i) SUNSET.—On a date that is 5 years after the enact21 ment of this Act, this program shall cease to be effective. 

22 SEC. 5309. THIRD-PARTY DATA PLANNING INTEGRATION 

23 PILOT PROGRAM. 

24 (a) IN GENERAL.—Not later than 180 days after en25 actment of this Act, the Secretary of Transportation shall 


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1 establish and implement a pilot program (in this section 

2 referred to as the ‘‘program’’) to leverage anonymous 

3 crowdsourced data from third-party entities to improve 

4 transportation management capabilities and efficiency on 

5 Federal-aid highways. 

6 (b) GOALS.—The goals of the program include the uti7 lization of anonymous crowdsourced data from third par8 ties to— 

9 (1) utilize private-user data to inform infra10 structure planning decisions for the purposes of— 

11 (A) reducing congestion; 

12 (B) decreasing miles traveled; 

13 (C) increasing safety; 

14 (D) improving freight efficiency; 

15 (E) enhancing environmental conditions; 

16 and 

17 (F) other purposes as the Secretary deems 

18 necessary. 

19 (c) PARTNERSHIP.—In carrying out the program, the 

20 Secretary is authorized to enter into agreements with public 

21 and private sector entities to accomplish the goals listed in 

22 subsection (b). 

23 (d) DATA PRIVACY AND SECURITY.—The Secretary 

24 shall ensure the protection of privacy for all sources of data 

25 utilized in the program, promoting cybersecurity to prevent 


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1 hacking, spoofing, and disruption of connected and auto2 mated transportation systems. 

3 (e) PROGRAM LOCATIONS.—In carrying out the pro4 gram, the Secretary shall initiate programs in a variety 

5 of areas, including urban, suburban, rural, tribal, or any 

6 other appropriate settings. 

7 (f) BEST PRACTICES.—Not later than 3 years after 

8 date of enactment of this Act, the Secretary shall publicly 

9 make available best practices to leverage private user data 

10 to support improved transportation management capabili11 ties and efficiency, including— 

12 (1) legal considerations when acquiring private 

13 user data for public purposes; and 

14 (2) protecting privacy and security of individual 

15 user data. 

16 (g) REPORT.—The Secretary shall annually submit a 

17 report to the Committee on Transportation and Infrastruc18 ture of the House of Representatives and the Committee on 

19 Environment and Public Works of the Senate a report de20 tailing— 

21 (1) a description of the activities carried out 

22 under the pilot program; 

23 (2) an evaluation of the effectiveness of the pilot 

24 program in meeting goals descried in subsection (b); 


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1 (3) policy recommendations to improve the im2 plementation of anonymous crowdsourced data into 

3 planning decisions. 

4 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated such sums as are necessary 

6 to carry out the program. 

7 (i) SUNSET.—On a date that is 5 years after the enact8 ment of this Act, this program shall cease to be effective. 

9 Subtitle D—Surface Transportation 

10 Funding Pilot Programs 

11 SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM 

12 FUNDING PILOTS. 

13 Section 6020 of the FAST Act (23 U.S.C. 503 note) 

14 is amended— 

15 (1) by striking subsection (b) and inserting the 

16 following: 

17 ‘‘(b) ELIGIBILITY.— 

18 ‘‘(1) APPLICATION.—To be eligible for a grant 

19 under this section, a State or group of States shall 

20 submit to the Secretary an application in such form 

21 and containing such information as the Secretary 

22 may require. 

23 ‘‘(2) ELIGIBLE PROJECTS.—The Secretary may 

24 provide grants to States or a group of States under 

25 this section for the following projects: 


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1 ‘‘(A) STATE PILOT PROJECTS.— 

2 ‘‘(i) IN GENERAL.—A pilot project to 

3 demonstrate a user-based alternative rev4 enue mechanism in a State. 

5 ‘‘(ii) LIMITATION.—If an applicant 

6 has previously been awarded a grant under 

7 this section, such applicant’s proposed pilot 

8 project must be comprised of core activities 

9 or iterations not substantially similar in 

10 manner or scope to activities previously 

11 carried out by the applicant with a grant 

12 for a project under this section. 

13 ‘‘(B) STATE IMPLEMENTATION PROJECTS.— 

14 A project— 

15 ‘‘(i) to implement a user-based alter16 native revenue mechanism that collects rev17 enue to be expended on projects for the sur18 face transportation system of the State; or 

19 ‘‘(ii) that demonstrates progress to20 wards implementation of a user-based alter21 native revenue mechanism, with consider22 ation for previous grants awarded to the 

23 applicant under this section.’’; 

24 (2) in subsection (c)— 


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1 (A) in paragraph (1) by striking ‘‘2 or 

2 more future’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(6) To test solutions to ensure the privacy and 

5 security of data collected for the purpose of imple6 menting a user-based alternative revenue mecha7 nism.’’; 

8 (3) in subsection (d) by striking ‘‘to test the de9 sign, acceptance, and implementation of a user-based 

10 alternative revenue mechanism’’ and inserting ‘‘to test 

11 the design and acceptance of, or implement, a user12 based alternative revenue mechanism’’; 

13 (4) in subsection (g) by striking ‘‘50 percent’’ 

14 and inserting ‘‘80 percent’’; 

15 (5) in subsection (i)— 

16 (A) in the heading by striking ‘‘BIENNIAL’’ 

17 and inserting ‘‘ANNUAL’’; 

18 (B) by striking ‘‘2 years after the date of 

19 enactment of this Act’’ and inserting ‘‘1 year 

20 after the date of enactment of the INVEST in 

21 America Act’’; 

22 (C) by striking ‘‘every 2 years thereafter’’ 

23 and inserting ‘‘every year thereafter’’; and 

24 (D) by inserting ‘‘and containing a deter25 mination of the characteristics of the most sucVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00882 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 cessful mechanisms with the highest potential for 

2 future widespread deployment’’ before the period 

3 at the end; and 

4 (6) by striking subsections (j) and (k) and in5 serting the following: 

6 ‘‘(j) FUNDING.—Of amounts made available to carry 

7 out this section— 

8 ‘‘(1) for fiscal year 2022, $17,500,000 shall be 

9 used to carry out projects under subsection (b)(2)(A) 

10 and $17,5000,000 shall be used to carry out projects 

11 under subsection (b)(2)(B); 

12 ‘‘(2) for fiscal year 2023, $15,000,000 shall be 

13 used to carry out projects under subsection (b)(2)(A) 

14 and $20,000,000 shall be used to carry out projects 

15 under subsection (b)(2)(B); 

16 ‘‘(3) for fiscal year 2024, $12,500,000 shall be 

17 used to carry out projects under subsection (b)(2)(A) 

18 and $22,500,000 shall be used to carry out projects 

19 under subsection (b)(2)(B); and 

20 ‘‘(4) for fiscal year 2025, $10,000,000 shall be 

21 used to carry out projects under subsection (b)(2)(A) 

22 and $25,000,000 shall be used to carry out projects 

23 under subsection (b)(2)(B). 

24 ‘‘(k) FUNDING FLEXIBILITY.—Funds made available 

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1 section (b)(2) that are not obligated in such fiscal year may 

2 be made available in the following fiscal year for projects 

3 under such subsection or for the national surface transpor4 tation system funding pilot under section 5402 of the IN5 VEST in America Act.’’. 

6 SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM 

7 FUNDING PILOT. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—The Secretary of Transpor10 tation, in coordination with the Secretary of the 

11 Treasury, shall establish a pilot program to dem12 onstrate a national motor vehicle per-mile user fee to 

13 restore and maintain the long-term solvency of the 

14 Highway Trust Fund and achieve and maintain a 

15 state of good repair in the surface transportation sys16 tem. 

17 (2) OBJECTIVES.—The objectives of the pilot pro18 gram are to— 

19 (A) test the design, acceptance, implementa20 tion, and financial sustainability of a national 

21 per-mile user fee; 

22 (B) address the need for additional revenue 

23 for surface transportation infrastructure and a 

24 national per-mile user fee; and 


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1 (C) provide recommendations regarding 

2 adoption and implementation of a national per3 mile user fee. 

4 (b) PARAMETERS.—In carrying out the pilot program 

5 established under subsection (a), the Secretary of Transpor6 tation, in coordination with the Secretary of the Treasury, 

7 shall— 

8 (1) provide different methods that volunteer par9 ticipants can choose from to track motor vehicle miles 

10 traveled; 

11 (2) solicit volunteer participants from all 50 

12 States and the District of Columbia; 

13 (3) ensure an equitable geographic distribution 

14 by population among volunteer participants; 

15 (4) include commercial vehicles and passenger 

16 motor vehicles in the pilot program; and 

17 (5) use components of, and information from, the 

18 States selected for the State surface transportation 

19 system funding pilot program under section 6020 of 

20 the FAST Act (23 U.S.C. 503 note). 

21 (c) METHODS.— 

22 (1) TOOLS.—In selecting the methods described 

23 in subsection (b)(1), the Secretary of Transportation 

24 shall coordinate with entities that voluntarily provide 


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1 to the Secretary for use in the program any of the fol2 lowing vehicle-miles-traveled collection tools: 

3 (A) Third-party on-board diagnostic 

4 (OBD–II) devices. 

5 (B) Smart phone applications. 

6 (C) Telemetric data collected by automakers. 

7 (D) Motor vehicle data obtained by car in8 surance companies. 

9 (E) Data from the States selected for the 

10 State surface transportation system funding 

11 pilot program under section 6020 of the FAST 

12 Act (23 U.S.C. 503 note). 

13 (F) Motor vehicle data obtained from fuel14 ing stations. 

15 (G) Any other method that the Secretary 

16 considers appropriate. 

17 (2) COORDINATION.— 

18 (A) SELECTION.—The Secretary shall deter19 mine which methods under paragraph (1) are se20 lected for the pilot program. 

21 (B) VOLUNTEER PARTICIPANTS.—In a man22 ner that the Secretary considers appropriate, the 

23 Secretary shall provide each selected method to 

24 each volunteer participant. 


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1 (d) PER-MILE USER FEES.—For the purposes of the 

2 pilot program established in subsection (a), the Secretary 

3 of the Treasury shall establish on an annual basis— 

4 (1) for passenger vehicles and light trucks, a per5 mile user fee that is equivalent to— 

6 (A) the average annual taxes imposed by 

7 sections 4041 and 4081 of the Internal Revenue 

8 Code of 1986 with respect to gasoline or any 

9 other fuel used in a motor vehicle (other than 

10 aviation gasoline or diesel), divided by 

11 (B) the total vehicle miles traveled by pas12 senger vehicles and light trucks; and 

13 (2) for medium- and heavy-duty trucks, a per14 mile user fee that is equivalent to— 

15 (A) the average annual taxes imposed by 

16 sections 4041 and 4081 of such Code with respect 

17 to diesel fuel, divided by 

18 (B) the total vehicle miles traveled by 

19 medium- and heavy-duty trucks. 

20 Taxes shall only be taken into account under the pre21 ceding sentence to the extent taken into account in de22 termining appropriations to the Highway Trust 

23 Fund under section 9503(b) of such Code, and the 

24 amount so determined shall be reduced to account for 


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1 transfers from such fund under paragraphs (3), (4), 

2 and (5) of section 9503(c) of such Code. 

3 (e) VOLUNTEER PARTICIPANTS.—The Secretary of 

4 Transportation, in coordination with the Secretary of the 

5 Treasury, shall— 

6 (1) ensure, to the extent practicable, that an ap7 propriate number of volunteer participants partici8 pate in the pilot program; and 

9 (2) issue policies to— 

10 (A) protect the privacy of volunteer partici11 pants; and 

12 (B) secure the data provided by volunteer 

13 participants. 

14 (f) ADVISORY BOARD.— 

15 (1) IN GENERAL.—The Secretary shall establish 

16 an advisory board to assist with— 

17 (A) advancing and implementing the pilot 

18 program under this section; 

19 (B) carrying out the public awareness cam20 paign under subsection (g); and 

21 (C) developing the report under subsection 

22 (m). 

23 (2) MEMBERS.—The advisory board shall, at a 

24 minimum, include the following entities, to be ap25 pointed by the Secretary— 


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1 (A) State departments of transportation; 

2 (B) any public or nonprofit entity that led 

3 a surface transportation system funding alter4 natives pilot project under section 6020 of the 

5 FAST Act (23 U.S.C. 503 note; Public Law 114- 

6 94) (as in effect on the day before the date of en7 actment of this Act); 

8 (C) representatives of the trucking industry, 

9 including owner-operator independent drivers; 

10 (D) data security experts; and 

11 (E) academic experts on surface transpor12 tation. 

13 (g) PUBLIC AWARENESS CAMPAIGN.— 

14 (1) IN GENERAL.—The Secretary of Transpor15 tation, with guidance from the advisory board under 

16 subsection (f), may carry out a public awareness 

17 campaign to increase public awareness regarding a 

18 national per-mile user fee, including distributing in19 formation related to the pilot program carried out 

20 under this section, information from the State surface 

21 transportation system funding pilot program under 

22 section 6020 of the FAST Act (23 U.S.C. 503 note). 

23 (2) CONSIDERATIONS.—In carrying out the pub24 lic awareness campaign under this subsection, the 

25 Secretary shall consider issues unique to each State. 


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1 (h) REVENUE COLLECTION.—The Secretary of the 

2 Treasury, in coordination with the Secretary of Transpor3 tation, shall establish a mechanism to collect per-mile user 

4 fees established under subsection (d) from volunteer partici5 pants. Such mechanism— 

6 (1) may be adjusted as needed to address tech7 nical challenges; and 

8 (2) may allow third-party vendors to collect the 

9 per-mile user fees and forward such fees to the Treas10 ury. 

11 (i) AGREEMENT.—The Secretary of Transportation 

12 may enter into an agreement with a volunteer participant 

13 containing such terms and conditions as the Secretary con14 siders necessary for participation in the pilot program. 

15 (j) LIMITATION.—Any revenue collected through the 

16 mechanism established in subsection (h) shall not be consid17 ered a toll under section 301 of title 23, United States Code. 

18 (k) HIGHWAY TRUST FUND.—The Secretary of the 

19 Treasury shall ensure that any revenue collected under sub20 section (g) is deposited into the Highway Trust Fund. 

21 (l) REFUND.—Not more than 45 days after the end of 

22 each calendar quarter in which a volunteer participant has 

23 participated in the pilot program, the Secretary of the 

24 Treasury shall calculate and issue an equivalent refund to 

25 volunteer participants for applicable Federal motor fuel 


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1 taxes under section 4041 and section 4081 of the Internal 

2 Revenue Code of 1986, the applicable battery tax under sec3 tion 4111 of such Code, or both, if applicable. 

4 (m) REPORT TO CONGRESS.—Not later than 1 year 

5 after the date on which volunteer participants begin par6 ticipating in the pilot program, and each year thereafter 

7 for the duration of the pilot program, the Secretary of 

8 Transportation and the Secretary of the Treasury shall sub9 mit to the Committee on Transportation and Infrastructure 

10 of the House of Representatives and the Committee on Envi11 ronment and Public Works of the Senate a report that in12 cludes an analysis of— 

13 (1) whether the objectives described in subsection 

14 (a)(2) were achieved; 

15 (2) how volunteer protections in subsection (e)(2) 

16 were complied with; and 

17 (3) whether per-mile user fees can maintain the 

18 long-term solvency of the Highway Trust Fund and 

19 achieve and maintain a state of good repair in the 

20 surface transportation system. 

21 (n) SUNSET.—The pilot program established under 

22 this section shall expire on the date that is 4 years after 

23 the date on which volunteer participants begin partici24 pating in such program. 


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1 (o) DEFINITIONS.—In this section, the following defi2 nitions apply: 

3 (1) COMMERCIAL VEHICLE.—The term ‘‘commer4 cial vehicle’’ has the meaning given the term commer5 cial motor vehicle in section 31101 of title 49, United 

6 States Code. 

7 (2) HIGHWAY TRUST FUND.—The term ‘‘High8 way Trust Fund’’ means the Highway Trust Fund es9 tablished under section 9503 of the Internal Revenue 

10 Code of 1986. 

11 (3) LIGHT TRUCK.—The term ‘‘light truck’’ has 

12 the meaning given the term in section 523.2 of title 

13 49, Code of Federal Regulations. 

14 (4) MEDIUM- AND HEAVY-DUTY TRUCK.—The 

15 term ‘‘medium- and heavy-duty truck’’ has the mean16 ing given the term ‘‘commercial medium- and heavy17 duty on-highway vehicle’’ in section 32901(a) of title 

18 49, United States Code. 

19 (5) PER-MILE USER FEE.—The term ‘‘per-mile 

20 user fee’’ means a revenue mechanism that— 

21 (A) is applied to road users operating 

22 motor vehicles on the surface transportation sys23 tem; and 

24 (B) is based on the number of vehicle miles 

25 traveled by an individual road user. 


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1 (6) VOLUNTEER PARTICIPANT.—The term ‘‘vol2 unteer participant’’ means— 

3 (A) an owner or lessee of an individual pri4 vate motor vehicle who volunteers to participate 

5 in the pilot program; 

6 (B) a commercial vehicle operator who vol7 unteers to participate in the pilot program; or 

8 (C) an owner of a motor vehicle fleet who 

9 volunteers to participate in the pilot program. 

10 Subtitle E—Miscellaneous 

11 SEC. 5501. ERGONOMIC SEATING WORKING GROUP. 

12 (a) IN GENERAL.— 

13 (1) ESTABLISHMENT.—Not later than 180 days 

14 after the date of enactment of this Act, the Secretary 

15 of Transportation shall convene a working group to 

16 examine the seating standards for commercial drivers. 

17 (2) MEMBERS.—At a minimum, the working 

18 group shall include— 

19 (A) seat manufacturers; 

20 (B) commercial vehicle manufacturers; 

21 (C) transit vehicle manufacturers; 

22 (D) labor representatives for the trucking 

23 industry; 


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1 (E) representatives from organizations en2 gaged in collective bargaining on behalf of tran3 sit workers in not fewer than 3 States; and 

4 (F) musculoskeletal health experts. 

5 (b) OBJECTIVES.—The Secretary shall pursue the fol6 lowing objectives through the working group: 

7 (1) To identify health issues, including musculo8 skeletal health issues, that afflict commercial drivers 

9 due to sitting for long periods of time while on duty. 

10 (2) To identify research topics for further devel11 opment and best practices to improve seating. 

12 (3) To determine ways to incorporate improved 

13 seating into manufacturing standards for public tran14 sit vehicles and commercial vehicles. 

15 (c) REPORT.— 

16 (1) SUBMISSION.—Not later than 18 months 

17 after the date of enactment of this Act, the working 

18 group shall submit to the Secretary, the Committee on 

19 Transportation and Infrastructure of the House of 

20 Representatives, and the Committee on Banking, 

21 Housing, and Urban Affairs and the Committee on 

22 Commerce, Science, and Transportation of the Senate 

23 a report on the findings of the working group under 

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1 tion of better ergonomic seating for commercial driv2 ers. 

3 (2) PUBLICATION.—Upon receipt of the report in 

4 paragraph (1), the Secretary shall publish the report 

5 on a publicly accessible website of the Department. 

6 (d) APPLICABILITY OF FEDERAL ADVISORY COM7 MITTEE ACT.—The Advisory Committee shall be subject to 

8 the Federal Advisory Committee Act (5 U.S.C. App.). 

9 SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED 

10 STATES CODE. 

11 (a) IN GENERAL.—Section 6314 of title 49, United 

12 States Code, is repealed. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) TITLE ANALYSIS.—The analysis for chapter 

15 63 of title 49, United States Code, is amended by 

16 striking the item relating to section 6314. 

17 (2) SECTION 6307.—Section 6307(b) of title 49, 

18 United States Code, is amended— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (A) by striking 

21 ‘‘or section 6314(b)’’; 

22 (ii) in subparagraph (B) by striking 

23 ‘‘or section 6314(b)’’; and 

24 (iii) in subparagraph (C) by striking 

25 ‘‘or section 6314(b)’’; and 


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1 (B) in paragraph (2)(A) by striking ‘‘or 

2 section 6314(b)’’. 

3 SEC. 5503. TRANSPORTATION WORKFORCE OUTREACH PRO4 GRAM. 

5 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

6 49, United States Code, is further amended by adding at 

7 the end the following: 

8 ‘‘§ 5508. Transportation workforce outreach program 

9 ‘‘(a) IN GENERAL.—The Secretary shall establish and 

10 administer a transportation workforce outreach program 

11 that carries out a series of public service announcement 

12 campaigns during fiscal years 2022 through 2026. 

13 ‘‘(b) PURPOSE.—The purpose of each campaign car14 ried out under the program shall be to achieve the following 

15 objectives: 

16 ‘‘(1) Increase awareness of career opportunities 

17 in the transportation sector, including aviation pilots, 

18 safety inspectors, mechanics and technicians, mari19 time transportation workers, air traffic controllers, 

20 flight attendants, truck drivers, engineers, transit 

21 workers, railroad workers, and other transportation 

22 professionals. 

23 ‘‘(2) Increase diversity, including race, gender, 

24 ethnicity, and socioeconomic status, of professionals 

25 in the transportation sector. 


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1 ‘‘(c) ADVERTISING.—The Secretary may use, or au2 thorize the use of, funds available to carry out the program 

3 for the development, production, and use of broadcast, dig4 ital, and print media advertising and outreach in carrying 

5 out campaigns under this section. 

6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

7 out this section, there are authorized to be appropriated 

8 $5,000,000 for each fiscal years 2022 through 2026.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections for 

10 chapter 55 of subtitle III of title 49, United States Code, 

11 is further amended by inserting after the item relating to 

12 section 5507, as added by this Act, the following: 

‘‘5508. Transportation workforce outreach program.’’. 

13 SEC. 5504. CERTIFICATION ON ENSURING NO HUMAN 

14 RIGHTS ABUSES. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) According to the International Energy Agen17 cy— 

18 (A) electric cars require significant amounts 

19 of copper, lithium, nickel, manganese, rare earth 

20 elements, platinum group elements, and cobalt; 

21 and 

22 (B) the top producer of cobalt is the Demo23 cratic Republic of the Congo. 

24 (2) UNICEF and Amnesty International esti25 mate that 40,000 boys and girls work in mines across 


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1 the Democratic Republic of the Congo for up to 12 

2 hours a day and earn no more than 2 dollars a day. 

3 (3) The boys and girls working in mines in the 

4 Democratic Republic of the Congo do not attend 

5 school, they are beaten by security guards, and they 

6 are exposed to high levels of cobalt, but are not issued 

7 protective equipment. 

8 (b) CERTIFICATION.—The Secretary of Commerce shall 

9 certify that no funds for programs related to reducing green 

10 house gas emissions under this title and the amendments 

11 made by this title are used for minerals sourced or processed 

12 with child labor, as such term is defined in Article 3 of 

13 the International Labor Organization Convention con14 cerning the prohibition and immediate action for the elimi15 nation of the worst forms of child labor (December 2, 2000), 

16 or in violation of human rights. 

17 TITLE VI—MULTIMODAL 

18 TRANSPORTATION 

19 SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY. 

20 Section 70101(b) of title 49, United States Code, is 

21 amended— 

22 (1) in paragraph (2) by inserting ‘‘in rural and 

23 urban areas’’ after ‘‘freight transportation’’; 

24 (2) in paragraph (7)— 


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1 (A) in subparagraph (B) by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (B) by redesignating subparagraph (C) as 

4 subparagraph (D); and 

5 (C) by inserting after subparagraph (B) the 

6 following: 

7 ‘‘(C) travel within population centers; and’’; 

8 (3) in paragraph (9) by striking ‘‘; and’’ and in9 serting the following: ‘‘including— 

10 ‘‘(A) greenhouse gas emissions; 

11 ‘‘(B) local air pollution; 

12 ‘‘(C) minimizing, capturing, or treating 

13 stormwater runoff or other adverse impacts to 

14 water quality; and 

15 ‘‘(D) wildlife habitat loss;’’; 

16 (4) by redesignating paragraph (10) as para17 graph (11); and 

18 (5) by inserting after paragraph (9) the fol19 lowing: 

20 ‘‘(10) to decrease any adverse impact of freight 

21 transportation on communities located near freight 

22 facilities or freight corridors; and’’. 


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1 SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN. 

2 Section 70102(c) of title 49, United States Code, is 

3 amended by striking ‘‘shall’’ and all that follows through 

4 the end and inserting the following: ‘‘shall— 

5 ‘‘(1) update the plan and publish the updated 

6 plan on the public website of the Department of 

7 Transportation; and 

8 ‘‘(2) include in the update described in para9 graph (1)— 

10 ‘‘(A) each item described in subsection (b); 

11 and 

12 ‘‘(B) best practices to reduce the adverse en13 vironmental impacts of freight-related— 

14 ‘‘(i) greenhouse gas emissions; 

15 ‘‘(ii) local air pollution; 

16 ‘‘(iii) stormwater runoff or other ad17 verse impacts to water quality; and 

18 ‘‘(iv) wildlife habitat loss.’’. 

19 SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK. 

20 Section 70103 of title 49, United States Code, is 

21 amended— 

22 (1) in subsection (b)(2)(C) by striking ‘‘of the 

23 United States that have’’ and inserting the following: 

24 ‘‘of the United States that— 

25 ‘‘(i) have a total annual value of cargo 

26 of at least $1,000,000,000, as identified by 


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1 United States Customs and Border Protec2 tion and reported by the Bureau of the Cen3 sus; or 

4 ‘‘(ii) have’’; 

5 (2) in subsection (c)— 

6 (A) in paragraph (1) by striking ‘‘Not later 

7 than 1 year after the date of enactment of this 

8 section,’’ and inserting the following: 

9 ‘‘(A) REPORT TO CONGRESS.—Not later 

10 than 30 days after the date of enactment of the 

11 INVEST in America Act, the Secretary shall 

12 submit to the Committee on Transportation and 

13 Infrastructure of the House of Representatives 

14 and the Committee on Commerce, Science, and 

15 Transportation of the Senate a report detailing 

16 a plan to designate a final National Multimodal 

17 Freight Network, including a detailed summary 

18 of the resources within the Office of the Secretary 

19 that will be dedicated to carrying out such plan. 

20 ‘‘(B) DESIGNATION OF NATIONAL

21 MULTIMODAL FREIGHT NETWORK.—Not later 

22 than 60 days after the submission of the report 

23 described in subparagraph (A),’’; 

24 (B) in paragraph (3)(C)— 


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1 (i) by inserting ‘‘and metropolitan 

2 planning organizations’’ after ‘‘States’’; and 

3 (ii) by striking ‘‘paragraph (4)’’ and 

4 inserting ‘‘paragraphs (4) and (5)’’; 

5 (C) in paragraph (4)— 

6 (i) in the header by inserting ‘‘AND

7 METROPOLITAN PLANNING ORGANIZATION’’ 

8 after ‘‘STATE’’; 

9 (ii) by redesignating subparagraph (D) 

10 as subparagraph (E); and 

11 (iii) by striking subparagraph (C) and 

12 inserting the following: 

13 ‘‘(C) CRITICAL URBAN FREIGHT FACILITIES

14 AND CORRIDORS.— 

15 ‘‘(i) AREA WITH A POPULATION OF

16 OVER 500,000.—In an urbanized area with a 

17 population of 500,000 or more individuals, 

18 the representative metropolitan planning 

19 organization, in consultation with the 

20 State, may designate a freight facility or 

21 corridor within the borders of the State as 

22 a critical urban freight facility or corridor. 

23 ‘‘(ii) AREA WITH A POPULATION OF

24 LESS THAN 500,000.—In an urbanized area 

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1 viduals, the State, in consultation with the 

2 representative metropolitan planning orga3 nization, may designate a freight facility or 

4 corridor within the borders of the State as 

5 a critical urban freight corridor. 

6 ‘‘(iii) DESIGNATION.—A designation 

7 may be made under subparagraph (i) or 

8 (ii) if the facility or corridor is in an ur9 banized area, regardless of population, and 

10 such facility or corridor— 

11 ‘‘(I) provides access to the pri12 mary highway freight system, the 

13 Interstate system, or an intermodal 

14 freight facility; 

15 ‘‘(II) is located within a corridor 

16 of a route on the primary highway 

17 freight system and provides an alter18 native option important to goods move19 ment; 

20 ‘‘(III) serves a major freight gen21 erator, logistics center, or manufac22 turing and warehouse industrial land; 

23 ‘‘(IV) connects to an international 

24 port of entry; 


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1 ‘‘(V) provides access to a signifi2 cant air, rail, water, or other freight 

3 facility in the State; or 

4 ‘‘(VI) is important to the move5 ment of freight within the region, as 

6 determined by the metropolitan plan7 ning organization or the State. 

8 ‘‘(D) LIMITATION.—A State may propose 

9 additional designations to the National 

10 Multimodal Freight Network in the State in an 

11 amount that is— 

12 ‘‘(i) for a highway project, not more 

13 than 20 percent of the total mileage des14 ignated by the Under Secretary in the 

15 State; and 

16 ‘‘(ii) for a non-highway project, using 

17 a limitation determined by the Under Sec18 retary.’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(5) REQUIRED NETWORK COMPONENTS.—In 

21 designating or redesignating the National Multimodal 

22 Freight Network, the Under Secretary shall ensure 

23 that the National Multimodal Freight Network in24 cludes the components described in subsection (b)(2).’’. 


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1 SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES. 

2 Section 70201(a) of title 49, United States Code, is 

3 amended by striking ‘‘and local governments’’ and inserting 

4 ‘‘local governments, metropolitan planning organizations, 

5 and the departments with responsibility for environmental 

6 protection and air quality of the State’’. 

7 SEC. 6005. STATE FREIGHT PLANS. 

8 Section 70202(b) of title 49, United States Code, is 

9 amended— 

10 (1) in paragraph (3)(A) by inserting ‘‘and 

11 urban’’ after ‘‘rural’’; 

12 (2) in paragraph (9) by striking ‘‘; and’’ and in13 serting a semicolon; 

14 (3) by redesignating paragraph (10) as para15 graph (12); and 

16 (4) by inserting after paragraph (9) the fol17 lowing: 

18 ‘‘(10) strategies and goals to decrease freight-re19 lated— 

20 ‘‘(A) greenhouse gas emissions; 

21 ‘‘(B) local air pollution; 

22 ‘‘(C) stormwater runoff or other adverse im23 pacts to water quality; and 

24 ‘‘(D) wildlife habitat loss; 

25 ‘‘(11) strategies and goals to decrease any ad26 verse impact of freight transportation on communities 


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1 located near freight facilities or freight corridors; 

2 and’’. 

3 SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE. 

4 (a) STUDY.—Not later than 90 days after the date of 

5 enactment of this Act, the Secretary of Transportation, in 

6 consultation with the Secretary of the Treasury and the 

7 Commissioner of the Internal Revenue Service, shall estab8 lish a joint task force to study the establishment and admin9 istration of a fee on multimodal freight surface transpor10 tation services. 

11 (b) CONTENTS.—The study required under subsection 

12 (a) shall include the following: 

13 (1) An estimation of the revenue that a fee of up 

14 to 1 percent on freight transportation services would 

15 raise. 

16 (2) An identification of the entities that would 

17 be subject to such a fee paid by the owners or sup18 pliers of cargo. 

19 (3) An analysis of the administrative capacity of 

20 Federal agencies and freight industry participants to 

21 collect such a fee and ensure compliance with fee re22 quirements. 

23 (4) Policy options to prevent avoidance of such 

24 a fee, including diversion of freight services to foreign 

25 countries. 


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1 (c) REPORT.—Not later than 1 year after the date of 

2 enactment of this Act, the Secretary of Transportation shall 

3 submit to the Committee on Transportation and Infrastruc4 ture and the Committee on Ways and Means of the House 

5 of Representatives and the Committee on Environment and 

6 Public Works and the Committee on Finance of the Senate 

7 the study required under subsection (a). 

8 SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND IN9 NOVATIVE FINANCE BUREAU. 

10 Section 116 of title 49, United States Code, is amend11 ed— 

12 (1) in subsection (b) by striking paragraph (1) 

13 and inserting the following: 

14 ‘‘(1) to provide assistance and communicate best 

15 practices and financing and funding opportunities to 

16 eligible entities for the programs referred to in sub17 section (d)(1), including by— 

18 ‘‘(A) conducting proactive outreach to com19 munities located outside of metropolitan or 

20 micropolitan statistical areas (as such areas are 

21 defined by the Office of Management and Budg22 et) using data from the most recent decennial 

23 Census; and 

24 ‘‘(B) coordinating with the Office of Rural 

25 Development of the Department of Agriculture, 


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1 the Office of Community Revitalization of the 

2 Environmental Protection Agency, and any 

3 other agencies that provide technical assistance 

4 for rural communities, as determined by the Ex5 ecutive Director;’’; 

6 (2) by redesignating subsection (j) as subsection 

7 (k); and 

8 (3) by inserting after subsection (i) the following: 

9 ‘‘(j) ANNUAL PROGRESS REPORT.—Not later than 1 

10 year after the date of enactment of this subsection, and an11 nually thereafter, the Executive Director shall submit to the 

12 Committee on Transportation and Infrastructure of the 

13 House of Representatives and the Committee on Environ14 ment and Public Works of the Senate a report detailing— 

15 ‘‘(1) the use of funds authorized under section 

16 605(f) of title 23; and 

17 ‘‘(2) the progress of the Bureau in carrying out 

18 the purposes described in subsection (b).’’. 

19 SEC. 6008. LOCAL HIRE. 

20 (a) ESTABLISHMENT.—The Secretary of Transpor21 tation shall immediately reinstate the local labor hiring 

22 pilot program containing the contracting initiative estab23 lished by the Secretary and published in the Federal Reg24 ister on March 6, 2015 (80 Fed. Reg. 12257), under the 

25 same terms, conditions, and requirements as so published. 


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1 (b) DURATION.—The Secretary shall continue the local 

2 labor hiring pilot program reinstated under this section 

3 through September 30, 2025. 

4 SEC. 6009. FTE CAP. 

5 The Secretary of Transportation may not employ more 

6 than 15 full-time equivalent positions in any fiscal year 

7 in the Immediate Office of the Secretary. 

8 SEC. 6010. IDENTIFICATION OF COVID–19 TESTING NEEDS 

9 OF CRITICAL INFRASTRUCTURE EMPLOYEES. 

10 (a) IN GENERAL.—The Secretary of Transportation 

11 shall— 

12 (1) adopt, for use by the Department of Trans13 portation in carrying out response efforts relating to, 

14 and operations during, the Coronavirus Disease 2019 

15 (COVID–19) pandemic, the categorization of ‘‘essen16 tial critical infrastructure workers’’ identified in the 

17 Guidance on the Essential Critical Infrastructure 

18 Workforce published by the Department of Homeland 

19 Security on March 28, 2020 (or a subsequent version 

20 of such guidance); and 

21 (2) coordinate with the Director of the Centers 

22 for Disease Control and Prevention and the Adminis23 trator of the Federal Emergency Management Agency 

24 to support efforts of State and local governments to 

25 provide for— 


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1 (A) priority testing of essential critical in2 frastructure workers (as such term is used in 

3 paragraph (1)) with respect to COVID–19; and 

4 (B) priority access to personal protective 

5 equipment, sanitizers, nonmedical-grade facial 

6 coverings, and other health-related or protective 

7 supplies necessary to safely perform essential 

8 critical infrastructure work. 

9 (b) APPLICATION.—Nothing in this section requires the 

10 provision of priority testing or priority access to personal 

11 protective equipment for essential critical infrastructure 

12 workers (as such term is used in subsection (a)(1)) to be 

13 prioritized over the provision of that testing or access to 

14 personal protective equipment for other individuals who are 

15 identified by the Centers for Disease Control and Prevention 

16 or any other relevant Federal, State, or local agency as hav17 ing a higher priority for that testing or access to personal 

18 protective equipment, including— 

19 (1) patients; 

20 (2) healthcare workers; and 

21 (3) first responders. 


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1 TITLE VII—TRANSPORTATION 

2 INFRASTRUCTURE FINANCE 

3 AND INNOVATION ACT 

4 SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE 

5 AND INNOVATION ACT. 

6 (a) CREDITWORTHINESS.—Section 602(a)(2) of title 

7 23, United States Code, is amended— 

8 (1) in subparagraph (A)(iv)— 

9 (A) by striking ‘‘a rating’’ and inserting 

10 ‘‘an investment grade rating’’; and 

11 (B) by striking ‘‘$75,000,000’’ and inserting 

12 ‘‘$150,000,000’’; and 

13 (2) in subparagraph (B)— 

14 (A) by striking ‘‘the senior debt’’ and insert15 ing ‘‘senior debt’’; and 

16 (B) by striking ‘‘credit instrument is for an 

17 amount less than $75,000,000’’ and inserting 

18 ‘‘total amount of other senior debt and the Fed19 eral credit instrument is less than 

20 $150,000,000’’. 

21 (b) NON-FEDERAL SHARE.—Section 603(b) of title 23, 

22 United States Code, is amended by striking paragraph (8) 

23 and inserting the following: 

24 ‘‘(8) NON-FEDERAL SHARE.—Notwithstanding 

25 paragraph (9) and section 117(j)(2), the proceeds of 


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1 a secured loan under the TIFIA program shall be con2 sidered to be part of the non-Federal share of project 

3 costs required under this title or chapter 53 of title 

4 49, if the loan is repayable from non-Federal funds.’’. 

5 (c) EXEMPTION OF FUNDS FROM TIFIA FEDERAL

6 SHARE REQUIREMENT.—Section 603(b)(9) of title 23, 

7 United States Code, is amended by adding at the end the 

8 following: 

9 ‘‘(C) TERRITORIES.—Funds provided for a 

10 territory under section 165(c) shall not be con11 sidered Federal assistance for purposes of sub12 paragraph (A).’’. 

13 (d) STREAMLINED APPLICATION PROCESS.—Section 

14 603(f) of title 23, United States Code, is amended by adding 

15 at the end the following: 

16 ‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DECI17 SIONS.— 

18 ‘‘(A) IN GENERAL.—Not later than 120 

19 days after the date of enactment of this para20 graph, the Secretary shall implement an expe21 dited decision timeline for public agency bor22 rowers seeking secured loans that meet— 

23 ‘‘(i) the terms under paragraph (2); 

24 and 


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1 ‘‘(ii) the additional criteria described 

2 in subparagraph (B). 

3 ‘‘(B) ADDITIONAL CRITERIA.—The addi4 tional criteria referred to in subparagraph 

5 (A)(ii) are the following: 

6 ‘‘(i) The secured loan is made on terms 

7 and conditions that substantially conform 

8 to the conventional terms and conditions es9 tablished by the National Surface Transpor10 tation Innovative Finance Bureau. 

11 ‘‘(ii) The secured loan is rated in the 

12 A category or higher. 

13 ‘‘(iii) The TIFIA program share of eli14 gible project costs is 33 percent or less. 

15 ‘‘(iv) The applicant demonstrates a 

16 reasonable expectation that the contracting 

17 process for the project can commence by not 

18 later than 90 days after the date on which 

19 a Federal credit instrument is obligated for 

20 the project under the TIFIA program. 

21 ‘‘(v) The project has received a categor22 ical exclusion, a finding of no significant 

23 impact, or a record of decision under the 

24 National Environmental Policy Act of 1969 

25 (42 U.S.C. 4321 et seq.). 


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1 ‘‘(C) WRITTEN NOTICE.—The Secretary 

2 shall provide to an applicant seeking a secured 

3 loan under the expedited decision process under 

4 this paragraph a written notice informing the 

5 applicant whether the Secretary has approved or 

6 disapproved the application by not later than 

7 180 days after the date on which the Secretary 

8 submits to the applicant a letter indicating that 

9 the National Surface Transportation Innovative 

10 Finance Bureau has commenced the credit11 worthiness review of the project.’’. 

12 (e) ASSISTANCE TO SMALL PROJECTS.—Section 

13 605(f)(1) of title 23, United States Code, is amended by 

14 striking ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. 

15 (f) APPLICATION PROCESS REPORT.—Section 

16 609(b)(2)(A) of title 23, United States Code, is amended— 

17 (1) in clause (iv) by striking ‘‘and’’; 

18 (2) in clause (v) by striking the period at the 

19 end and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(vi) whether the project is located in 

22 a metropolitan statistical area, 

23 micropolitan statistical area, or neither (as 

24 such areas are defined by the Office of Man25 agement and Budget).’’. 


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1 (g) STATUS REPORTS.—Section 609 of title 23, United 

2 States Code, is amended by adding at the end the following: 

3 ‘‘(c) STATUS REPORTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall publish 

5 on the website for the TIFIA program— 

6 ‘‘(A) on a monthly basis, a current status 

7 report on all submitted letters of interest and ap8 plications received for assistance under the 

9 TIFIA program; and 

10 ‘‘(B) on a quarterly basis, a current status 

11 report on all approved applications for assist12 ance under the TIFIA program. 

13 ‘‘(2) INCLUSIONS.—Each monthly and quarterly 

14 status report under paragraph (1) shall include, at a 

15 minimum, with respect to each project included in the 

16 status report— 

17 ‘‘(A) the name of the party submitting the 

18 letter of interest or application; 

19 ‘‘(B) the name of the project; 

20 ‘‘(C) the date on which the letter of interest 

21 or application was received; 

22 ‘‘(D) the estimated project eligible costs; 

23 ‘‘(E) the type of credit assistance sought; 

24 and 


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1 ‘‘(F) the anticipated fiscal year and quarter 

2 for closing of the credit assistance.’’. 

3 DIVISION C—HAZARDOUS 

4 MATERIALS TRANSPORTATION 

5 SEC. 8001. SHORT TITLE. 

6 This division may be cited as the ‘‘Improving Haz7 ardous Materials Safety Act of 2020’’. 

8 TITLE I—AUTHORIZATIONS 

9 SEC. 8101. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 5128 of title 49, United States Code, is amend11 ed— 

12 (1) in subsection (a) by striking paragraphs (1) 

13 through (5) and inserting the following: 

14 ‘‘(1) $67,000,000 for fiscal year 2021; 

15 ‘‘(2) $68,000,000 for fiscal year 2022; 

16 ‘‘(3) $69,000,000 for fiscal year 2023; 

17 ‘‘(4) $71,000,000 for fiscal year 2024; and 

18 ‘‘(5) $72,000,000 for fiscal year 2025;’’; 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘fiscal years 2016 through 

21 2020’’ and inserting ‘‘fiscal years 2021 through 

22 2025’’; and 

23 (B) by striking ‘‘$21,988,000’’ and inserting 

24 ‘‘$24,025,000’’; 


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1 (3) in subsection (c) by striking ‘‘$4,000,000 for 

2 each of fiscal years 2016 through 2020’’ and inserting 

3 ‘‘$5,000,000 for each of fiscal years 2021 through 

4 2025’’; 

5 (4) in subsection (d) by striking ‘‘$1,000,000 for 

6 each of fiscal years 2016 through 2020’’ and inserting 

7 ‘‘$4,000,000 for each of fiscal years 2021 through 

8 2025’’; 

9 (5) by redesignating subsection (e) as subsection 

10 (f); and 

11 (6) by inserting after subsection (d) the fol12 lowing: 

13 ‘‘(e) ASSISTANCE WITH LOCAL EMERGENCY RE14 SPONDER TRAINING GRANTS.—From the Hazardous Mate15 rials Emergency Preparedness Fund established under sec16 tion 5116(h), the Secretary may expend $1,800,000 for each 

17 of fiscal years 2021 through 2025 to carry out the grant 

18 program under section 5107(j).’’. 

19 TITLE II—HAZARDOUS MATE20 RIALS SAFETY AND IMPROVE21 MENT 

22 SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED 

23 TO LITHIUM CELLS AND BATTERIES. 

24 (a) REPEAL.—Section 828 of the FAA Modernization 

25 and Reform Act of 2012 (49 U.S.C. 44701 note), and the 


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1 item relating to such section in the table of contents in sec2 tion 1(b) of such Act, are repealed. 

3 (b) CONFORMING AMENDMENTS.—Section 333 of the 

4 FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) 

5 is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

8 (i) by striking ‘‘(A) IN GENERAL.—’’ 

9 and all that follows through ‘‘the Secretary’’ 

10 and inserting ‘‘The Secretary’’; and 

11 (ii) by striking subparagraph (B); and 

12 (B) in paragraph (2) by striking ‘‘Pursuant 

13 to section 828 of the FAA Modernization and Re14 form Act of 2012 (49 U.S.C. 44701 note), the 

15 Secretary’’ and inserting ‘‘The Secretary’’; 

16 (2) by striking paragraph (4) of subsection (b); 

17 and 

18 (3) by striking paragraph (1) of subsection (h) 

19 and inserting the following: 

20 ‘‘(1) ICAO TECHNICAL INSTRUCTIONS.—The 

21 term ‘ICAO Technical Instructions’ means the Inter22 national Civil Aviation Organization Technical In23 structions for the Safe Transport of Dangerous Goods 

24 by Air.’’. 


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1 SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS 

2 BY RAIL TANK CAR. 

3 (a) EVALUATION.—Not later than 120 days after the 

4 date of enactment of this Act, the Administrator of the Fed5 eral Railroad Administration, in coordination with the Ad6 ministrator of the Pipeline and Hazardous Materials Safe7 ty Administration, shall initiate an evaluation of the safe8 ty, security, and environmental risks of transporting lique9 fied natural gas by rail. 

10 (b) TESTING.—In conducting the evaluation under 

11 subsection (a), the Administrator of the Federal Railroad 

12 Administration shall— 

13 (1) perform physical testing of rail tank cars, in14 cluding, at a minimum, the DOT–113 specification, 

15 to evaluate the performance of such rail tank cars in 

16 the event of an accident or derailment, including 

17 evaluation of the extent to which design and construc18 tion features such as steel thickness and valve protec19 tions prevent or mitigate the release of liquefied nat20 ural gas; 

21 (2) analyze multiple release scenarios, including 

22 derailments, front-end collisions, rear-end collisions, 

23 side-impact collisions, grade-crossing collisions, punc24 tures, and impact of an incendiary device, at a min25 imum of 3 speeds of travel with a sufficient range of 

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1 mental risks posed under real-world operating condi2 tions; and 

3 (3) examine the effects of exposure to climate 

4 conditions across rail networks, including tempera5 ture, humidity, and any other factors that the Ad6 ministrator of the Federal Railroad Administration 

7 determines could influence performance of rail tank 

8 cars and components of such rail tank cars. 

9 (c) OTHER FACTORS TO CONSIDER.—In conducting 

10 the evaluation under subsection (a), the Administrator of 

11 the Federal Railroad Administration shall evaluate the im12 pact of a discharge of liquefied natural gas from a rail tank 

13 car on public safety and the environment, and consider— 

14 (1) the benefits of route restrictions, speed re15 strictions, enhanced brake requirements, personnel re16 quirements, rail tank car technological requirements, 

17 and other operating controls; 

18 (2) the advisability of consist restrictions, in19 cluding limitations on the arrangement and quantity 

20 of rail tank cars carrying liquefied natural gas in 

21 any given consist; 

22 (3) the identification of potential impact areas, 

23 and the number of homes and structures potentially 

24 endangered by a discharge in rural, suburban, and 

25 urban environments; 


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1 (4) the impact of discharge on the environment, 

2 including air quality impacts; 

3 (5) the benefits of advanced notification to the 

4 Department of Transportation, State Emergency Re5 sponse Commissions, and Tribal Emergency Response 

6 Commissions of routes for moving liquefied natural 

7 gas by rail tank car; 

8 (6) how first responders respond to an incident, 

9 including the extent to which specialized equipment 

10 or training would be required and the cost to commu11 nities for acquiring any necessary equipment or 

12 training; 

13 (7) whether thermal radiation could occur from 

14 a discharge; 

15 (8) an evaluation of the rail tank car authorized 

16 by the Secretary of Transportation for liquefied nat17 ural gas or similar cryogenic liquids, and a deter18 mination of whether specific safety enhancements or 

19 new standards are necessary to ensure the safety of 

20 rail transport of liquefied natural gas; and 

21 (9) the risks posed by the transportation of lique22 fied natural gas by International Organization for 

23 Standardization containers authorized by the Federal 

24 Railroad Administration. 


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1 (d) REPORT.—Not later than 2 years after the date 

2 of enactment of this Act, the Secretary of Transportation 

3 shall submit to the Committee on Transportation and In4 frastructure of the House of Representatives and the Com5 mittee on Commerce, Science, and Transportation of the 

6 Senate, and make available to the public— 

7 (1) a report based on the evaluation and testing 

8 conducted under subsections (a) and (b), which shall 

9 include the results of the evaluation and testing and 

10 recommendations for mitigating or eliminating the 

11 safety, security, environmental, and other risks of an 

12 accident or incident involving the transportation of 

13 liquefied natural gas by rail; and 

14 (2) a complete list of all research related to the 

15 transportation of liquefied natural gas by rail con16 ducted by the Federal Railroad Administration, the 

17 Pipeline and Hazardous Materials Safety Adminis18 tration, or any other entity of the Federal Govern19 ment since 2010 that includes, for each research 

20 item— 

21 (A) the title of any reports or studies pro22 duced with respect to the research; 

23 (B) the agency, entity, or organization per24 forming the research; 


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1 (C) the names of all authors and co-authors 

2 of any report or study produced with respect to 

3 the research; and 

4 (D) the date any related report was pub5 lished or is expected to publish. 

6 (e) DATA COLLECTION.—The Administrator of the 

7 Federal Railroad Administration and the Administrator of 

8 the Pipeline and Hazardous Materials Safety Administra9 tion shall collect any relevant data or records necessary to 

10 complete the evaluation required by subsection (a). 

11 (f) GAO REPORT.—After the evaluation required by 

12 subsection (a) has been completed, the Comptroller General 

13 of the United States shall conduct an independent evalua14 tion to verify that the Federal Railroad Administration and 

15 the Pipeline and Hazardous Materials Safety Administra16 tion complied with the requirements of this Act, and trans17 mit to the Committee on Transportation and Infrastructure 

18 of the House of Representatives and the Committee on Com19 merce, Science, and Transportation of the Senate a report 

20 on the findings of such independent evaluation. 

21 (g) CONGRESSIONAL REVIEW REQUIREMENTS.— 

22 (1) REVIEW PERIOD DEFINED.—In this sub23 section, the term ‘‘review period’’ means the period 

24 beginning on the date of enactment of this Act and 

25 ending on the earlier of— 


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1 (A) the date that is 1 year after the date of 

2 completion of the report under subsection (f); or 

3 (B) the date that is 4 years after the date 

4 of enactment of this Act. 

5 (2) CONGRESSIONAL AUTHORITY.—The Secretary 

6 of Transportation— 

7 (A) may not issue any regulation author8 izing the transportation of liquefied natural gas 

9 by rail tank car or authorize such transportation 

10 through issuance of a special permit or approval 

11 before the conclusion of the review period; and 

12 (B) shall rescind any special permit or ap13 proval for the transportation of liquefied natural 

14 gas by rail tank car issued before the date of en15 actment of this Act. 

16 SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIRE17 MENTS AND GRANTS. 

18 Section 5107 of title 49, United States Code, is amend19 ed by adding at the end the following: 

20 ‘‘(j) ASSISTANCE WITH LOCAL EMERGENCY RE21 SPONDER TRAINING.—The Secretary shall make grants to 

22 nonprofit organizations to develop hazardous materials re23 sponse training for emergency responders and make such 

24 training available electronically or in person.’’. 


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1 DIVISION D—RAIL 

2 SEC. 9001. SHORT TITLE. 

3 This division may be cited as the ‘‘Transforming Rail 

4 by Accelerating Investment Nationwide Act’’ or the 

5 ‘‘TRAIN Act’’. 

6 TITLE I—AUTHORIZATIONS 

7 SEC. 9101. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) AUTHORIZATION OF GRANTS TO AMTRAK.— 

9 (1) NORTHEAST CORRIDOR.—There are author10 ized to be appropriated to the Secretary for the use 

11 of Amtrak for activities associated with the Northeast 

12 Corridor the following amounts: 

13 (A) For fiscal year 2021, $2,900,000,000. 

14 (B) For fiscal year 2022, $2,700,000,000. 

15 (C) For fiscal year 2023, $2,500,000,000. 

16 (D) For fiscal year 2024, $2,500,000,000. 

17 (E) For fiscal year 2025, $2,500,000,000. 

18 (2) NATIONAL NETWORK.—There are authorized 

19 to be appropriated to the Secretary for the use of Am20 trak for activities associated with the National Net21 work the following amounts: 

22 (A) For fiscal year 2021, $3,500,000,000. 

23 (B) For fiscal year 2022, $3,300,000,000. 

24 (C) For fiscal year 2023, $3,100,000,000. 

25 (D) For fiscal year 2024, $2,900,000,000. 


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1 (E) For fiscal year 2025, $2,900,000,000. 

2 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec3 retary may withhold up to $15,000,000 for each of fiscal 

4 years 2021 through 2025 from the amounts made available 

5 under subsection (a) for Amtrak grant expenditure over6 sight. 

7 (c) AMTRAK COMMON BENEFIT COSTS FOR STATE8 SUPPORTED ROUTES.—For any fiscal year in which funds 

9 are made available under subsection (a)(2) in excess of the 

10 amounts authorized for fiscal year 2020 under section 

11 11101(b) of the FAST Act (114–94), Amtrak shall use up 

12 to $300,000,000 of the excess funds to defray the share of 

13 operating costs of Amtrak’s national assets (as such term 

14 is defined in section 24320(c)(5) of title 49, United States 

15 Code) and corporate services (as such term is defined pursu16 ant to section 24317(b) of title 49, United States Code) that 

17 is allocated to the State-supported services. 

18 (d) STATE-SUPPORTED ROUTE COMMITTEE.—Of the 

19 funds made available under subsection (a)(2), the Secretary 

20 may make available up to $3,000,000 for each fiscal year 

21 for the State-Supported Route Committee established under 

22 section 24712 of title 49, United States Code. 

23 (e) NORTHEAST CORRIDOR COMMISSION.—Of the 

24 funds made available under subsection (a)(1), the Secretary 

25 may make available up to $6,000,000 for each fiscal year 


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1 for the Northeast Corridor Commission established under 

2 section 24905 of title 49, United States Code. 

3 (f) AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK

4 OFFICE OF INSPECTOR GENERAL.—There are authorized to 

5 be appropriated to the Office of Inspector General of Am6 trak the following amounts: 

7 (1) For fiscal year 2021, $26,500,000. 

8 (2) For fiscal year 2022, $27,000,000. 

9 (3) For fiscal year 2023, $27,500,000. 

10 (4) For fiscal year 2024, $28,000,000. 

11 (5) For fiscal year 2025, $28,500,000. 

12 (g) PASSENGER RAIL IMPROVEMENT, MODERNIZA13 TION, AND ENHANCEMENT GRANTS.—There are authorized 

14 to be appropriated to the Secretary to carry out section 

15 22906 of title 49, United States Code, the following 

16 amounts: 

17 (1) For fiscal year 2021, $3,800,000,000. 

18 (2) For fiscal year 2022, $3,800,000,000. 

19 (3) For fiscal year 2023, $3,800,000,000. 

20 (4) For fiscal year 2024, $3,800,000,000. 

21 (5) For fiscal year 2025, $3,800,000,000. 

22 (h) CONSOLIDATED RAIL INFRASTRUCTURE AND SAFE23 TY IMPROVEMENTS.— 


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1 (1) IN GENERAL.—There are authorized to be ap2 propriated to the Secretary to carry out section 22907 

3 of title 49, United States Code, the following amounts: 

4 (A) For fiscal year 2021, $1,400,000,000. 

5 (B) For fiscal year 2022, $1,400,000,000. 

6 (C) For fiscal year 2023, $1,400,000,000. 

7 (D) For fiscal year 2024, $1,400,000,000. 

8 (E) For fiscal year 2025, $1,400,000,000. 

9 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

10 Secretary may withhold up to 1 percent from the 

11 amount appropriated under paragraph (1) for the 

12 costs of project management oversight of grants car13 ried out under section 22907 of title 49, United States 

14 Code. 

15 (i) RAILROAD REHABILITATION AND IMPROVEMENT

16 FINANCING.— 

17 (1) IN GENERAL.—There are authorized to be ap18 propriated to the Secretary for payment of credit risk 

19 premiums in accordance with section 9104 of this di20 vision and section 502 of the Railroad Revitalization 

21 and Regulatory Reform Act of 1976 (45 U.S.C. 822) 

22 $130,000,000 for each of fiscal years 2021 through 

23 2025, to remain available until expended. 

24 (2) REFUND OF PREMIUM.—There are authorized 

25 to be appropriated to the Secretary $70,000,000 to 


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1 repay the credit risk premium under section 502 of 

2 the Railroad Revitalization and Regulatory Reform 

3 Act of 1976 (45 U.S.C. 822) in accordance with sec4 tion 9104. 

5 (j) RESTORATION AND ENHANCEMENT GRANTS.— 

6 (1) IN GENERAL.—There are authorized to be ap7 propriated to the Secretary to carry out section 22908 

8 of title 49, United States Code, $20,000,000 for each 

9 of fiscal years 2021 through 2025. 

10 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

11 Secretary may withhold up to 1 percent from the 

12 amount appropriated under paragraph (1) for the 

13 costs of project management oversight of grants car14 ried out under section 22908 of title 49, United States 

15 Code. 

16 (k) GRADE CROSSING SEPARATION GRANTS.— 

17 (1) IN GENERAL.—There are authorized to be ap18 propriated to the Secretary to carry out section 20171 

19 of title 49, United States Code, (as added by section 

20 9551 of this Act) the following amounts: 

21 (1) For fiscal year 2021, $450,000,000. 

22 (2) For fiscal year 2022, $475,000,000. 

23 (3) For fiscal year 2023, $500,000,000. 

24 (4) For fiscal year 2024, $525,000,000. 

25 (5) For fiscal year 2025, $550,000,000. 


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1 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

2 Secretary may withhold up to 1 percent from the 

3 amount appropriated under paragraph (1) for the 

4 costs of project management oversight of grants car5 ried out under section 20171 of title 49, United States 

6 Code. 

7 (l) RAIL SAFETY PUBLIC AWARENESS GRANTS.—Of 

8 the amounts made available under subsection (k), the Sec9 retary shall make available $5,000,000 for each of fiscal 

10 years 2021 through 2025 to carry out section 20172 of title 

11 49, United States Code, (as added by section 9552 of this 

12 Act). 

13 (m) AUTHORIZATION OF APPROPRIATIONS TO THE

14 FEDERAL RAILROAD ADMINISTRATION.—Section 20117 of 

15 title 49, United States Code, is amended to read as follows: 

16 ‘‘§ 20117. Authorization of appropriations 

17 ‘‘(a) SAFETY AND OPERATIONS.— 

18 ‘‘(1) IN GENERAL.—There are authorized to be 

19 appropriated to the Secretary of Transportation for 

20 the operations of the Federal Railroad Administra21 tion and to carry out railroad safety activities au22 thorized or delegated to the Administrator— 

23 ‘‘(A) $229,000,000 for fiscal year 2021. 

24 ‘‘(B) $231,000,000 for fiscal year 2022; 

25 ‘‘(C) $233,000,000 for fiscal year 2023; 


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1 ‘‘(D) $235,000,000 for fiscal year 2024; and 

2 ‘‘(E) $237,000,000 for fiscal year 2025. 

3 ‘‘(2) AUTOMATED TRACK INSPECTION PROGRAM

4 AND DATA ANALYSIS.—From the funds made available 

5 under paragraph (1) for each of fiscal years 2021 

6 through 2025, not more than $17,000,000 may be ex7 pended for the Automated Track Inspection Program 

8 and data analysis related to track inspection. Such 

9 funds shall remain available until expended. 

10 ‘‘(3) STATE PARTICIPATION GRANTS.—Amounts 

11 made available under paragraph (1) for grants under 

12 section 20105(e) shall remain available until ex13 pended. 

14 ‘‘(b) RAILROAD RESEARCH AND DEVELOPMENT.— 

15 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated to the Sec17 retary of Transportation for necessary expenses for 

18 carrying out railroad research and development ac19 tivities the following amounts which shall remain 

20 available until expended: 

21 ‘‘(A) $42,000,000 for fiscal year 2021. 

22 ‘‘(B) $44,000,000 for fiscal year 2022. 

23 ‘‘(C) $46,000,000 for fiscal year 2023. 

24 ‘‘(D) $48,000,000 for fiscal year 2024. 

25 ‘‘(E) $50,000,000 for fiscal year 2025. 


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1 ‘‘(2) STUDY ON LNG BY RAIL.—From the 

2 amounts made available for fiscal years 2021 through 

3 2025 under paragraph (1), the Secretary shall expend 

4 not less than $6,000,000 and not more than 

5 $8,000,000 to carry out the evaluation of transporting 

6 liquefied natural gas by rail under section 8202 of the 

7 TRAIN Act. 

8 ‘‘(3) STUDY ON SAFETY CULTURE ASSESS9 MENTS.—From the amounts made available for fiscal 

10 year 2021 under paragraph (1), the Secretary shall 

11 expend such sums as are necessary to carry out the 

12 study on safety culture assessments under section 

13 9517 of the TRAIN Act. 

14 ‘‘(4) SHORT LINE SAFETY.—From funds made 

15 available under paragraph (1) for each of fiscal years 

16 2021 through 2025, the Secretary may expend not 

17 more than $4,000,000— 

18 ‘‘(A) for grants to improve safety practices 

19 and training for Class II and Class III freight 

20 railroads; and 

21 ‘‘(B) to develop safety management systems 

22 for Class II and Class III freight railroads 

23 through safety culture assessments, training and 

24 education, outreach activities, and technical as25 sistance.’’. 


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1 (n) FATIGUE REDUCTION PILOT PROJECTS.—There 

2 are authorized to be appropriated to the Secretary for costs 

3 associated with carrying out section 21109(e) of title 49, 

4 United States Code, $200,000 to remain available until ex5 pended. 

6 SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZA7 TION, AND EXPANSION GRANTS. 

8 (a) IN GENERAL.—Section 22906 of title 49, United 

9 States Code, is amended to read as follows: 

10 ‘‘§ 22906. Passenger rail improvement, modernization, 

11 and expansion grants 

12 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor13 tation shall establish a program to make grants for capital 

14 projects that improve the state of good repair, operational 

15 performance, or growth of intercity rail passenger transpor16 tation. 

17 ‘‘(b) PROJECT SELECTION CRITERIA.— 

18 ‘‘(1) IN GENERAL.—Capital projects eligible for a 

19 grant under this section include— 

20 ‘‘(A) a project to replace, rehabilitate, or re21 pair a major infrastructure asset used for pro22 viding passenger rail service to bring such infra23 structure asset into a state of good repair; 

24 ‘‘(B) a project to improve passenger rail 

25 performance, including congestion mitigation, 


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1 reliability improvements, achievement of on-time 

2 performance standards established under section 

3 207 of the Rail Safety Improvement Act of 2008 

4 (49 U.S.C. 24101 note), reduced trip times, in5 creased train frequencies, higher operating 

6 speeds, electrification, and other improvements, 

7 as determined by the Secretary; and 

8 ‘‘(C) a project to repair, rehabilitate, re9 place, or build infrastructure to expand or estab10 lish intercity rail passenger transportation and 

11 facilities, including high-speed rail. 

12 ‘‘(2) REQUIREMENTS.—To be eligible for a grant 

13 under this section, an applicant shall have, or provide 

14 documentation of a credible plan to achieve— 

15 ‘‘(A) the legal, financial, and technical ca16 pacity to carry out the project; 

17 ‘‘(B) satisfactory continuing control over 

18 the use of the equipment or facilities that are the 

19 subject of the project; and 

20 ‘‘(C) an agreement in place for maintenance 

21 of such equipment or facilities. 

22 ‘‘(3) PRIORITY.—In selecting an applicant for a 

23 grant under this section, the Secretary shall give pref24 erence to capital projects that— 


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1 ‘‘(A) are supported by multiple States or 

2 are included in a regional planning process; or 

3 ‘‘(B) achieve environmental benefits such as 

4 a reduction in greenhouse gas emissions or an 

5 improvement in local air quality. 

6 ‘‘(4) ADDITIONAL CONSIDERATIONS.—In selecting 

7 an applicant for a grant under this section, the Sec8 retary shall consider— 

9 ‘‘(A) the cost-benefit analysis of the pro10 posed project, including anticipated public bene11 fits relative to the costs of the proposed project, 

12 including— 

13 ‘‘(i) effects on system and service per14 formance; 

15 ‘‘(ii) effects on safety, competitiveness, 

16 reliability, trip or transit time, and resil17 ience; 

18 ‘‘(iii) impacts on the overall transpor19 tation system, including efficiencies from 

20 improved integration with other modes of 

21 transportation or benefits associated with 

22 achieving modal shifts; and 

23 ‘‘(iv) the ability to meet existing or an24 ticipated passenger or service demand; 


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1 ‘‘(B) the applicant’s past performance in 

2 developing and delivering similar projects; 

3 ‘‘(C) if applicable, the consistency of the 

4 project with planning guidance and documents 

5 set forth by the Secretary or required by law; 

6 and 

7 ‘‘(D) if applicable, agreements between all 

8 stakeholders necessary for the successful delivery 

9 of the project. 

10 ‘‘(c) NORTHEAST CORRIDOR PROJECTS.—Of the funds 

11 made available to carry out this section, not less than 40 

12 percent shall be made available for projects included in the 

13 Northeast Corridor investment plan required under section 

14 24904. 

15 ‘‘(d) NATIONAL PROJECTS.—Of the funds made avail16 able to carry out this section, not less than 40 percent shall 

17 be made available for— 

18 ‘‘(1) projects on the National Network; 

19 ‘‘(2) high-speed rail projects; and 

20 ‘‘(3) the establishment of new passenger rail cor21 ridors not located on the Northeast Corridor. 

22 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

23 ‘‘(1) TOTAL PROJECT COST ESTIMATE.—The Sec24 retary shall estimate the total cost of a project under 

25 this section based on the best available information, 


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1 including engineering studies, studies of economic fea2 sibility, environmental analyses, and information on 

3 the expected use of equipment or facilities. 

4 ‘‘(2) FEDERAL SHARE.—The Federal share of 

5 total costs for a project under this section shall not 

6 exceed 90 percent. 

7 ‘‘(3) TREATMENT OF REVENUE.—Applicants 

8 may use ticket and other revenues generated from op9 erations and other sources to satisfy the non-Federal 

10 share requirements. 

11 ‘‘(f) LETTERS OF INTENT.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall, to the 

13 maximum extent practicable, issue a letter of intent 

14 to a recipient of a grant under this section that— 

15 ‘‘(A) announces an intention to obligate, for 

16 a major capital project under this section, an 

17 amount that is not more than the amount stipu18 lated as the financial participation of the Sec19 retary in the project; and 

20 ‘‘(B) states that the contingent commit21 ment— 

22 ‘‘(i) is not an obligation of the Federal 

23 Government; and 

24 ‘‘(ii) is subject to the availability of 

25 appropriations for grants under this section 


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1 and subject to Federal laws in force or en2 acted after the date of the contingent com3 mitment. 

4 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

5 ‘‘(A) IN GENERAL.—Not later than 3 days 

6 before issuing a letter of intent under paragraph 

7 (1), the Secretary shall submit written notifica8 tion to— 

9 ‘‘(i) the Committee on Transportation 

10 and Infrastructure of the House of Rep11 resentatives; 

12 ‘‘(ii) the Committee on Appropriations 

13 of the House of Representatives; 

14 ‘‘(iii) the Committee on Appropria15 tions of the Senate; and 

16 ‘‘(iv) the Committee on Commerce, 

17 Science, and Transportation of the Senate. 

18 ‘‘(B) CONTENTS.—The notification sub19 mitted under subparagraph (A) shall include— 

20 ‘‘(i) a copy of the letter of intent; 

21 ‘‘(ii) the criteria used under subsection 

22 (b) for selecting the project for a grant; and 

23 ‘‘(iii) a description of how the project 

24 meets such criteria. 


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1 ‘‘(g) APPROPRIATIONS REQUIRED.—An obligation or 

2 administrative commitment may be made under this sec3 tion only when amounts are appropriated for such purpose. 

4 ‘‘(h) GRANT ADMINISTRATION.—The Secretary may 

5 withhold up to 1 percent of the total amount made available 

6 to carry out this section for program oversight and manage7 ment, including providing technical assistance and project 

8 planning guidance. 

9 ‘‘(i) REGIONAL PLANNING GUIDANCE.—The Secretary 

10 may withhold up to half a percent of the total amount made 

11 available to carry out this section to facilitate and provide 

12 guidance for regional planning processes. 

13 ‘‘(j) AVAILABILITY.—Amounts made available to carry 

14 out this section shall remain available until expended. 

15 ‘‘(k) GRANT CONDITIONS.—Except as specifically pro16 vided in this section, the use of any amounts appropriated 

17 for grants under this section shall be subject to the grant 

18 conditions under section 22905, except that the domestic 

19 buying preferences of section 24305(f) shall apply to grants 

20 provided to Amtrak in lieu of the requirements of section 

21 22905(a). 

22 ‘‘(l) DEFINITIONS.—In this section: 

23 ‘‘(1) APPLICANT.—The term ‘applicant’ means— 

24 ‘‘(A) a State; 

25 ‘‘(B) a group of States; 


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1 ‘‘(C) an Interstate Compact; 

2 ‘‘(D) a public agency or publicly chartered 

3 authority established by 1 or more States; 

4 ‘‘(E) a political subdivision of a State; or 

5 ‘‘(F) Amtrak, acting on its own behalf or 

6 under a cooperative agreement with 1 or more 

7 States. 

8 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

9 project’ means— 

10 ‘‘(A) acquisition, construction, replacement, 

11 rehabilitation, or repair of major infrastructure 

12 assets or equipment that benefit intercity rail 

13 passenger transportation, including tunnels, 

14 bridges, stations, track, electrification, grade 

15 crossings, passenger rolling stock, and other as16 sets, as determined by the Secretary; 

17 ‘‘(B) projects that ensure service can be 

18 maintained while existing assets are rehabili19 tated or replaced; and 

20 ‘‘(C) project planning, development, design, 

21 and environmental analysis related to projects 

22 under subsections (A) and (B). 

23 ‘‘(3) INTERCITY RAIL PASSENGER TRANSPOR24 TATION.—The term ‘intercity rail passenger transporVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 00940 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 tation’ has the meaning given such term in section 

2 24102. 

3 ‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 

4 rail’ has the meaning given such term in section 

5 26106(b). 

6 ‘‘(5) NORTHEAST CORRIDOR.—The term ‘North7 east Corridor’ has the meaning given such term in 

8 section 24102. 

9 ‘‘(6) NATIONAL NETWORK.—The term ‘National 

10 Network’ has the meaning given such term in section 

11 24102. 

12 ‘‘(7) STATE.—The term ‘State’ means each of the 

13 50 States and the District of Columbia.’’. 

14 (b) CLERICAL AMENDMENT.—The item related to sec15 tion 22906 in the analysis for chapter 229 of title 49, 

16 United States Code, is amended to read as follows: 

‘‘22906. Passenger rail improvement, modernization, and expansion grants.’’. 

17 SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND 

18 SAFETY IMPROVEMENT GRANTS. 

19 Section 22907 of title 49, United States Code, is 

20 amended— 

21 (1) in subsection (b) by adding at the end the 

22 following: 

23 ‘‘(12) A commuter authority (as such term is de24 fined in section 24102). 

25 ‘‘(13) The District of Columbia.’’; 


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1 (2) in subsection (c)— 

2 (A) in paragraph (1) by inserting ‘‘, main3 tenance, and upgrades’’ after ‘‘Deployment’’; 

4 (B) in paragraph (2) by striking ‘‘as de5 fined in section 22901(2), except that a project 

6 shall not be required to be in a State rail plan 

7 developed under chapter 227’’; 

8 (C) in paragraph (3) by inserting ‘‘or safe9 ty’’ after ‘‘address congestion’’; 

10 (D) in paragraph (4) by striking ‘‘identi11 fied by the Secretary’’ and all that follows 

12 through ‘‘rail transportation’’ and inserting ‘‘to 

13 reduce congestion, improve service, or facilitate 

14 ridership growth in intercity rail passenger 

15 transportation and commuter rail passenger 

16 transportation (as such term is defined in sec17 tion 24102)’’; 

18 (E) in paragraph (5) by inserting ‘‘or to es19 tablish new quiet zones’’ before the period at the 

20 end; and 

21 (F) in paragraph (9) by inserting ‘‘or com22 muter rail passenger transportation (as such 

23 term is defined in section 24102)’’ after ‘‘between 

24 intercity rail passenger transportation’’; 


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1 (3) in subsection (e) by striking paragraph (1) 

2 and inserting the following: 

3 ‘‘(1) IN GENERAL.—In selecting a recipient of a 

4 grant for an eligible project, the Secretary shall give 

5 preference to— 

6 ‘‘(A) projects that will maximize the net 

7 benefits of the funds made available for use 

8 under this section, considering the cost-benefit 

9 analysis of the proposed project, including an10 ticipated private and public benefits relative to 

11 the costs of the proposed project and factoring in 

12 the other considerations described in paragraph 

13 (2); and 

14 ‘‘(B) projects that benefit a station that— 

15 ‘‘(i) serves Amtrak and commuter rail; 

16 ‘‘(ii) is listed amongst the 25 stations 

17 with highest ridership in the most recent 

18 Amtrak Company Profile; and 

19 ‘‘(iii) has support from both Amtrak 

20 and the provider of commuter rail pas21 senger transportation servicing the sta22 tion.’’; 

23 (4) in subsection (l) by striking ‘‘Secretary 

24 shall’’ and inserting ‘‘Secretary may’’; 


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1 (5) by redesignating subsections (i), (j), (k), and 

2 (l) as subsections (k), (l), (m), and (n), respectively; 

3 and 

4 (6) by inserting after subsection (h) the fol5 lowing: 

6 ‘‘(i) LARGE PROJECTS.—Of the amounts made avail7 able under this section, at least 50 percent shall be for 

8 projects that have total project costs of greater than 

9 $100,000,000. 

10 ‘‘(j) COMMUTER RAIL.— 

11 ‘‘(1) ADMINISTRATION OF FUNDS.—The amounts 

12 awarded under this section for commuter rail pas13 senger transportation projects shall be transferred by 

14 the Secretary, after selection, to the Federal Transit 

15 Administration for administration of funds in ac16 cordance with chapter 53. 

17 ‘‘(2) GRANT CONDITION.— 

18 ‘‘(A) IN GENERAL.—As a condition of re19 ceiving a grant under this section that is used to 

20 acquire, construct, or improve railroad right-of21 way or facilities, any employee covered by the 

22 Railway Labor Act (45 U.S.C. 151 et seq.) and 

23 the Railroad Retirement Act of 1974 (45 U.S.C. 

24 231 et seq.) who is adversely affected by actions 

25 taken in connection with the project financed in 


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1 whole or in part by such grant shall be covered 

2 by employee protective arrangements established 

3 under section 22905(e). 

4 ‘‘(B) APPLICATION OF PROTECTIVE AR5 RANGEMENT.—The grant recipient and the suc6 cessors, assigns, and contractors of such recipient 

7 shall be bound by the protective arrangements re8 quired under subparagraph (A). Such recipient 

9 shall be responsible for the implementation of 

10 such arrangement and for the obligations under 

11 such arrangement, but may arrange for another 

12 entity to take initial responsibility for compli13 ance with the conditions of such arrangement. 

14 ‘‘(3) APPLICATION OF LAW.—Subsections (g) and 

15 (f)(1) of section 22905 shall not apply to grants 

16 awarded under this section for commuter rail pas17 senger transportation projects. 

18 ‘‘(k) DEFINITION OF CAPITAL PROJECT.—In this sec19 tion, the term ‘capital project’ means a project or program 

20 for— 

21 ‘‘(1) acquiring, constructing, improving, or in22 specting equipment, track and track structures, or a 

23 facility, expenses incidental to the acquisition or con24 struction (including designing, engineering, location 

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1 quiring rights-of-way), payments for the capital por2 tions of rail trackage rights agreements, highway-rail 

3 grade crossing improvements, mitigating environ4 mental impacts, communication and signalization 

5 improvements, relocation assistance, acquiring re6 placement housing sites, and acquiring, constructing, 

7 relocating, and rehabilitating replacement housing; 

8 ‘‘(2) rehabilitating, remanufacturing, or over9 hauling rail rolling stock and facilities; 

10 ‘‘(3) costs associated with developing State rail 

11 plans; and 

12 ‘‘(4) the first-dollar liability costs for insurance 

13 related to the provision of intercity passenger rail 

14 service under section 22904.’’ 

15 SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT 

16 FINANCING. 

17 Section 502 of the Railroad Revitalization and Regu18 latory Reform Act of 1976 (45 U.S.C. 822) is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (A) by inserting 

22 ‘‘civil works such as cuts and fills, stations, 

23 tunnels,’’ after ‘‘components of track,’’; and 


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1 (ii) in subparagraph (D) by inserting 

2 ‘‘, permitting,’’ after ‘‘reimburse planning’’; 

3 and 

4 (B) by striking paragraph (3); 

5 (2) in subsection (f)— 

6 (A) in paragraph (3) by adding at the end 

7 the following: 

8 ‘‘(D) A projection of freight or passenger de9 mand for the project based on regionally devel10 oped economic forecasts, including projections of 

11 any modal diversion resulting from the project.’’; 

12 and 

13 (B) in paragraph (4)— 

14 (i) by inserting ‘‘In the case of an ap15 plicant seeking a loan that is less than 50 

16 percent of the total cost of the project, half 

17 of the credit risk premiums under this sub18 section shall be paid to the Secretary before 

19 the disbursement of loan amounts and the 

20 remaining half shall be paid to the Sec21 retary in equal amounts semiannually and 

22 fully paid not later than 10 years after the 

23 first loan disbursement is executed.’’ after 

24 ‘‘modifications thereof.’’; 


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1 (ii) by striking ‘‘Credit risk pre2 miums’’ and inserting ‘‘(A) TIMING OF PAY3 MENT.—Credit risk premiums’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(B) PAYMENT OF CREDIT RISK PRE7 MIUMS.— 

8 ‘‘(i) IN GENERAL.—In granting assist9 ance under this section, the Secretary may 

10 pay credit risk premiums required under 

11 paragraph (3) for entities described in 

12 paragraphs (1) through (3) of subsection 

13 (a), in whole or in part, with respect to a 

14 loan or loan guarantee. 

15 ‘‘(ii) SET-ASIDE.—Of the amounts 

16 made available for payments for a fiscal 

17 year under clause (i), the Secretary shall re18 serve $125,000,000 for payments for pas19 senger rail projects, to remain available 

20 until expended. 

21 ‘‘(C) REFUND OF PREMIUM.—The Secretary 

22 shall repay the credit risk premium of each loan 

23 in cohort 3, as defined by the memorandum to 

24 the Office of Management and Budget of the De25 partment of Transportation dated November 5, 


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1 2018, with interest accrued thereon, not later 

2 than 60 days after the date on which all obliga3 tions attached to each such loan have been satis4 fied. For each such loan for which obligations 

5 have been satisfied as of the date of enactment of 

6 the TRAIN Act, the Secretary shall repay the 

7 credit risk premium of each such loan, with in8 terest accrued thereon, not later than 60 days 

9 after the date of the enactment of such Act.’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan 

12 provided under this section may be used as the non-Federal 

13 share of project costs under this title or chapter 53 of title 

14 49 if such loan is repayable from non-Federal funds.’’. 

15 SEC. 9105. BUY AMERICA. 

16 Section 22905(a) of title 49, United States Code, is 

17 amended— 

18 (1) in paragraph (2)— 

19 (A) in subparagraph (B) by adding ‘‘or’’ at 

20 the end; 

21 (B) by striking subparagraph (C); and 

22 (C) by redesignating subparagraph (D) as 

23 subparagraph (C); 

24 (2) by striking paragraph (4) and inserting the 

25 following: 


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1 ‘‘(4)(A) If the Secretary receives a request for a 

2 waiver under paragraph (2), the Secretary shall pro3 vide notice of and an opportunity for public comment 

4 on the request at least 30 days before making a find5 ing based on the request. 

6 ‘‘(B) A notice provided under subparagraph (A) 

7 shall— 

8 ‘‘(i) include the information available to the 

9 Secretary concerning the request, including 

10 whether the request is being made under sub11 paragraph (A), (B), or (C) of paragraph (2); 

12 and 

13 ‘‘(ii) be provided by electronic means, in14 cluding on the official public website of the De15 partment of Transportation.’’; 

16 (3) in paragraph (5)— 

17 (A) by striking ‘‘2012’’ and inserting 

18 ‘‘2020, and each year thereafter’’; and 

19 (B) by inserting ‘‘during the preceding fis20 cal year’’ before the period; and 

21 (4) by adding at the end the following: 

22 ‘‘(12) The requirements of this subsection apply 

23 to all contracts for a project carried out within the 

24 scope of the applicable finding, determination, or de25 cisions under the National Environmental Policy Act 


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1 of 1969 (42 U.S.C. 4321 et seq.), regardless of the 

2 funding source for activities carried out pursuant to 

3 such contracts, if at least 1 contract for the project is 

4 funded with amounts made available to carry out a 

5 provision specified in paragraph (1).’’. 

6 SEC. 9106. RAIL NETWORK CLIMATE CHANGE VULNER7 ABILITY ASSESSMENT. 

8 (a) IN GENERAL.—The Secretary of Transportation 

9 shall sponsor a study by the National Academies to conduct 

10 an assessment of the potential impacts of climate change 

11 on the national rail network. 

12 (b) ASSESSMENT.—At a minimum, the assessment 

13 conducted pursuant to subsection (a) shall— 

14 (1) cover the entire freight and intercity pas15 senger rail network of the United States; 

16 (2) evaluate risk to the network over 5-, 30-, and 

17 50-year outlooks; 

18 (3) examine and describe potential effects of cli19 mate change and extreme weather events on passenger 

20 and freight rail infrastructure, trackage, and facili21 ties, including facilities owned by rail shippers; 

22 (4) identify and categorize the assets described in 

23 paragraph (3) by vulnerability level and geographic 

24 area; and 


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1 (5) recommend strategies or measures to mitigate 

2 any adverse impacts of climate change, including 

3 emergency preparedness measures and resiliency best 

4 practices for infrastructure planning. 

5 (c) REPORT.—Not later than 18 months after the date 

6 of enactment of this Act, the Secretary shall submit to the 

7 Committee on Transportation and Infrastructure of the 

8 House of Representatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate a report con10 taining the findings of the assessment conducted pursuant 

11 to subsection (a). 

12 (d) FURTHER COORDINATION.—The Secretary shall 

13 make the report publicly available on the website of the De14 partment of Transportation and communicate the results 

15 of the assessment with stakeholders. 

16 (e) REGULATORY AUTHORITY.—If the Secretary finds 

17 in the report required under subsection (c) that regulatory 

18 measures are warranted and such measures are otherwise 

19 under the existing authority of the Secretary, the Secretary 

20 may issue such regulations as are necessary to implement 

21 such measures. 

22 (f) FUNDING.—From the amounts made available for 

23 fiscal year 2021 under section 20117(a) of title 49, United 

24 States Code, the Secretary shall expend not less than 


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1 $1,000,000 to carry out the study required under subpara2 graph (a). 

3 TITLE II—AMTRAK REFORMS 

4 SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS. 

5 Section 24101 of title 49, United States Code, is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘, to the extent its budg10 et allows,’’; and 

11 (ii) by striking ‘‘between crowded 

12 urban areas and in other areas of’’ and in13 serting ‘‘throughout’’; 

14 (B) in paragraph (2) by striking the period 

15 and inserting ‘‘, thereby providing additional ca16 pacity for the traveling public and widespread 

17 air quality benefits.’’; 

18 (C) in paragraph (4)— 

19 (i) by striking ‘‘greater’’ and inserting 

20 ‘‘high’’; and 

21 (ii) by striking ‘‘to Amtrak to achieve 

22 a performance level sufficient to justify ex23 pending public money’’ and inserting ‘‘in 

24 order to meet the intercity passenger rail 

25 needs of the United States’’; 


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1 (D) in paragraph (5)— 

2 (i) by inserting ‘‘intercity and’’ after 

3 ‘‘efficient’’; and 

4 (ii) by striking ‘‘the energy conserva5 tion and self-sufficiency’’ and inserting ‘‘ad6 dressing climate change, energy conserva7 tion, and self-sufficiency’’; 

8 (E) in paragraph (6) by striking ‘‘through 

9 its subsidiary, Amtrak Commuter,’’; and 

10 (F) by adding at the end the following: 

11 ‘‘(9) Long-distance intercity passenger rail is an 

12 important part of the national transportation system. 

13 ‘‘(10) Investments in intercity and commuter 

14 rail passenger transportation support jobs that pro15 vide a pathway to the middle class.’’; 

16 (2) in subsection (b) by striking ‘‘The’’ and all 

17 that follows through ‘‘consistent’’ and inserting ‘‘The 

18 mission of Amtrak is to provide a safe, efficient, and 

19 high-quality national intercity passenger rail system 

20 that is trip-time competitive with other intercity 

21 travel options, consistent’’; 

22 (3) in subsection (c)— 

23 (A) by striking paragraph (1) and inserting 

24 the following: 


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1 ‘‘(1) use its best business judgment in acting to 

2 maximize the benefits of public funding;’’; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘minimize Government 

5 subsidies by encouraging’’ and inserting 

6 ‘‘work with’’; and 

7 (ii) by striking the semicolon and in8 serting ‘‘and improvements to service;’’; 

9 (C) by striking paragraph (3) and inserting 

10 the following: 

11 ‘‘(3) manage the passenger rail network in the 

12 interest of public transportation needs, including cur13 rent and future Amtrak passengers;’’; 

14 (D) in paragraph (7) by striking ‘‘encour15 age’’ and inserting ‘‘work with’’; 

16 (E) in paragraph (11) by striking ‘‘and’’ 

17 the last place it appears; and 

18 (F) by striking paragraph (12) and insert19 ing the following: 

20 ‘‘(12) utilize and manage resources with a long21 term perspective, including sound investments that 

22 take into account the overall lifecycle costs of an asset; 

23 ‘‘(13) ensure that service is accessible and accom24 modating to passengers with disabilities; and 


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1 ‘‘(14) maximize the benefits Amtrak generates for 

2 the United States by creating quality jobs and sup3 porting the domestic workforce.’’; and 

4 (4) by striking subsection (d). 

5 SEC. 9202. AMTRAK STATUS. 

6 Section 24301(a) of title 49, United States Code, is 

7 amended— 

8 (1) in paragraph (1) by striking ‘‘20102(2)’’ and 

9 inserting ‘‘20102’’; and 

10 (2) in paragraph (2) by inserting ‘‘serving the 

11 public interest in reliable passenger rail service’’ after 

12 ‘‘for-profit corporation’’. 

13 SEC. 9203. BOARD OF DIRECTORS. 

14 (a) IN GENERAL.—Section 24302 of title 49, United 

15 States Code, is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1)— 

18 (i) by striking subparagraph (C) and 

19 inserting the following: 

20 ‘‘(C) 8 individuals appointed by the Presi21 dent of the United States, by and with the advice 

22 and consent of the Senate, with a record of sup23 port for national passenger rail service, general 

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1 tation qualifications or expertise. Of the individ2 uals appointed— 

3 ‘‘(i) 1 shall be a Mayor or Governor of 

4 a location served by a regularly scheduled 

5 Amtrak service on the Northeast Corridor; 

6 ‘‘(ii) 1 shall be a Mayor or Governor 

7 of a location served by a regularly scheduled 

8 Amtrak service that is not on the Northeast 

9 Corridor; 

10 ‘‘(iii) 1 shall be a labor representative 

11 of Amtrak employees; and 

12 ‘‘(iv) 2 shall be individuals with a his13 tory of regular Amtrak ridership and an 

14 understanding of the concerns of rail pas15 sengers.’’; 

16 (B) in paragraph (2) by inserting ‘‘users of 

17 Amtrak, including the elderly and individuals 

18 with disabilities, and’’ after ‘‘and balanced rep19 resentation of’’; 

20 (C) in paragraph (3) by adding at the end 

21 the following: ‘‘A member of the Board appointed 

22 under clause (i) or (ii) of paragraph (1)(C) shall 

23 serve for a term of 5 years or until such member 

24 leaves the elected office such member occupied at 


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1 the time such member was appointed, whichever 

2 is first.’’; and 

3 (D) by striking paragraph (5) and insert4 ing the following: 

5 ‘‘(5) The Secretary and any Governor of a State 

6 may be represented at a Board meeting by a des7 ignee.’’; 

8 (2) in subsection (b)— 

9 (A) by striking ‘‘PAY AND EXPENSES’’ and 

10 inserting ‘‘DUTIES, PAY, AND EXPENSES’’; and 

11 (B) by inserting ‘‘Each director must con12 sider the well-being of current and future Am13 trak passengers, and the public interest in sus14 tainable national passenger rail service.’’ before 

15 ‘‘Each director not employed by the United 

16 States Government or Amtrak’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(g) GOVERNOR DEFINED.—In this section, the term 

19 ‘Governor’ means the Governor of a State or the Mayor of 

20 the District of Columbia and includes the designee of the 

21 Governor.’’. 

22 (b) TIMING OF NEW BOARD REQUIREMENTS.—Begin23 ning on the date that is 60 days after the date of enactment 

24 of this Act, the appointment and membership requirements 

25 under section 24302 of title 49, United States Code, shall 


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1 apply to each member of the Board under such section and 

2 the term of each current Board member shall end. A member 

3 serving on such Board as of the date of enactment of this 

4 Act may be reappointed on or after such date subject to 

5 the advice and consent of the Senate if such member meets 

6 the requirements of such section. 

7 SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT. 

8 (a) IN GENERAL.—Section 24308(c) of title 49, United 

9 States Code, is amended by adding at the end the following: 

10 ‘‘Notwithstanding section 24103(a) and section 24308(f), 

11 Amtrak shall have the right to bring an action for equitable 

12 or other relief in the United States District Court for the 

13 District of Columbia to enforce the preference rights granted 

14 under this subsection.’’. 

15 (b) CONFORMING AMENDMENT.—Section 24103 of title 

16 49, United States Code, is amended by inserting ‘‘and sec17 tion 24308(c)’’ before ‘‘, only the Attorney General’’. 

18 SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES 

19 TO AMTRAK. 

20 Section 24308(e) of title 49, United States Code, is 

21 amended— 

22 (1) by striking paragraph (1) and inserting the 

23 following: 

24 ‘‘(1)(A) When a rail carrier does not agree to 

25 allow Amtrak to operate additional trains over any 


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1 rail line of the carrier on which Amtrak is operating 

2 or seeks to operate, Amtrak may submit an applica3 tion to the Board for an order requiring the carrier 

4 to allow for the operation of the requested trains. 

5 Within 90 days of receipt of such application, the 

6 Board shall determine whether the additional trains 

7 would unreasonably impair freight transportation 

8 and— 

9 ‘‘(i) for a determination that such trains do 

10 not unreasonably impair freight transportation, 

11 order the rail carrier to allow for the operation 

12 of such trains on a schedule established by the 

13 Board; or 

14 ‘‘(ii) for a determination that such trains 

15 do unreasonably impair freight transportation, 

16 initiate a proceeding to determine any addi17 tional infrastructure investments required by, or 

18 on behalf of, Amtrak. 

19 ‘‘(B) If Amtrak seeks to resume operation of a 

20 train that Amtrak operated during the 5-year period 

21 preceding an application described in subparagraph 

22 (A), the Board shall apply a presumption that the re23 sumed operation of such train will not unreasonably 

24 impair freight transportation unless the Board finds 

25 that there are substantially changed circumstances.’’; 


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1 (2) in paragraph (2)— 

2 (A) by striking ‘‘The Board shall consider’’ 

3 and inserting ‘‘The Board shall’’; 

4 (B) by striking subparagraph (A) and in5 serting the following: 

6 ‘‘(A) in making the determination under para7 graph (1), take into account any infrastructure in8 vestments proposed in Amtrak’s application, with the 

9 rail carrier having the burden of demonstrating that 

10 the additional trains will unreasonably impair the 

11 freight transportation; and’’; and 

12 (C) in subparagraph (B) by inserting ‘‘con13 sider investments described in subparagraph (A) 

14 and’’ after ‘‘times,’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(4) In a proceeding initiated by the Board 

17 under paragraph (1)(B), the Board shall solicit the 

18 views of the parties and require the parties to provide 

19 any necessary data or information. Not later than 

20 180 days after the date on which the Board makes a 

21 determination under paragraph (1)(B), the Board 

22 shall issue an order requiring the rail carrier to allow 

23 for the operation of the requested trains conditioned 

24 upon additional infrastructure or other investments 

25 needed to mitigate the unreasonable interference. In 


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1 determining the necessary level of additional infra2 structure or other investments, the Board shall use 

3 any criteria, assumptions, and processes it considers 

4 appropriate. 

5 ‘‘(5) The provisions of this subsection shall be in 

6 addition to any other statutory or contractual rem7 edies Amtrak may have to obtain the right to operate 

8 the additional trains.’’. 

9 SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION. 

10 (a) IN GENERAL.—Section 28103 of title 49, United 

11 States Code, is amended— 

12 (1) by redesignating subsection (e) as subsection 

13 (f); and 

14 (2) by inserting after subsection (d) the fol15 lowing: 

16 ‘‘(e) PROHIBITION ON CHOICE-OF-FORUM CLAUSE.— 

17 ‘‘(1) IN GENERAL.—Amtrak may not impose a 

18 choice-of-forum clause that attempts to preclude a 

19 passenger, or a person who purchases a ticket for rail 

20 transportation on behalf of a passenger, from bring21 ing a claim against Amtrak in any court of com22 petent jurisdiction, including a court within the ju23 risdiction of the residence of such passenger in the 

24 United States (provided that Amtrak does business 

25 within that jurisdiction). 


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1 ‘‘(2) COURT OF COMPETENT JURISDICTION.— 

2 Under this subsection, a court of competent jurisdic3 tion may not include an arbitration forum.’’. 

4 (b) EFFECTIVE DATE.—This section, and the amend5 ments made by this section, shall apply to any claim that 

6 arises on or after the date of enactment of this Act. 

7 SEC. 9207. AMTRAK ADA ASSESSMENT. 

8 (a) ASSESSMENT.—Amtrak shall conduct an assess9 ment and review of all Amtrak policies, procedures, proto10 cols, and guidelines for compliance with the requirements 

11 of the Americans With Disabilities Act of 1990 (42 U.S.C. 

12 12101 et seq.). 

13 (b) REPORT.—Not later than 180 days after the date 

14 of enactment of this Act, Amtrak shall submit to the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate a report on the 

18 results of the assessment conducted under subsection (a). 

19 (c) CONTENTS.—The report required under subsection 

20 (b) shall include— 

21 (1) a summary of the policies, procedures, proto22 cols, and guidelines reviewed; 

23 (2) any necessary changes to such policies, proce24 dures, protocols, and guidelines to ensure compliance 

25 with the Americans With Disabilities Act of 1990 (42 


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1 U.S.C. 12101 et seq.), including full compliance 

2 under such Act for stations and facilities for which 

3 Amtrak has responsibility under such Act and consid4 eration of the needs of individuals with disabilities 

5 when procuring rolling stock; and 

6 (3) an implementation plan and timeline for 

7 making any such necessary changes. 

8 (d) ENGAGEMENT.—Amtrak is encouraged to engage 

9 with a range of advocates for individuals with disabilities 

10 during the assessment conducted under subsection (a), and 

11 develop an ongoing and standardized process for engage12 ment with advocates for individuals with disabilities. 

13 (e) PERIODIC EVALUATION.—At least once every 2 

14 years, Amtrak shall review and update, as necessary, Am15 trak policies, procedures, protocols, and guidelines to ensure 

16 compliance with the Americans With Disabilities Act of 

17 1990 (42 U.S.C. 12101 et seq.). 

18 SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS. 

19 (a) IN GENERAL.—Chapter 243 of title 49, United 

20 States Code, is amended by adding at the end the following: 

21 ‘‘§ 24323. Prohibition on smoking on Amtrak trains 

22 ‘‘(a) PROHIBITION.—Beginning on the date of enact23 ment of the TRAIN Act, Amtrak shall prohibit smoking on 

24 board Amtrak trains. 

25 ‘‘(b) ELECTRONIC CIGARETTES.— 


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1 ‘‘(1) INCLUSION.—The use of an electronic ciga2 rette shall be treated as smoking for purposes of this 

3 section. 

4 ‘‘(2) ELECTRONIC CIGARETTE DEFINED.—In this 

5 section, the term ‘electronic cigarette’ means a device 

6 that delivers nicotine or other substances to a user of 

7 the device in the form of a vapor that is inhaled to 

8 simulate the experience of smoking.’’. 

9 (b) CONFORMING AMENDMENT.—The analysis for 

10 chapter 243 of title 49, United States Code, is amended by 

11 adding at the end the following: 

‘‘24323. Prohibition on smoking on Amtrak trains.’’. 

12 SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AM13 TRAK. 

14 (a) IN GENERAL.—Section 24712 of title 49, United 

15 States Code, is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (4) by striking the first 

18 sentence and inserting ‘‘The Committee shall de19 fine and periodically update the rules and proce20 dures governing the Committee’s proceedings.’’; 

21 and 

22 (B) in paragraph (6)— 

23 (i) by striking subparagraph (B) and 

24 inserting the following: 


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1 ‘‘(B) PROCEDURES.—The rules and proce2 dures implemented under paragraph (4) shall 

3 include— 

4 ‘‘(i) procedures for changing the cost 

5 allocation methodology, notwithstanding 

6 section 209(b) of the Passenger Rail Invest7 ment and Improvement Act (49 U.S.C. 

8 24101 note); and 

9 ‘‘(ii) procedures or broad guidelines for 

10 conducting financial planning, including 

11 operating and capital forecasting, report12 ing, and data sharing and governance.’’; 

13 (ii) in subparagraph (C)— 

14 (I) in clause (i) by striking ‘‘and’’ 

15 at the end; 

16 (II) in clause (ii) by striking the 

17 period at the end and inserting ‘‘; 

18 and’’; and 

19 (III) by adding at the end the fol20 lowing: 

21 ‘‘(iii) promote increased efficiency in 

22 Amtrak’s operating and capital activities.’’; 

23 and 

24 (iii) by adding at the end the fol25 lowing: 


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1 ‘‘(D) ANNUAL REVIEW.—Not later than 

2 June 30 of each year, the Committee shall pre3 pare an evaluation of the cost allocation method4 ology and procedures under subparagraph (B) 

5 and transmit such evaluation to the Committee 

6 on Transportation and Infrastructure of the 

7 House of Representatives and the Committee on 

8 Commerce, Science, and Transportation of the 

9 Senate.’’; 

10 (2) in subsection (b)— 

11 (A) by inserting ‘‘and to the Committee’’ be12 fore ‘‘, as well as the planning’’; and 

13 (B) by inserting before the period at the end 

14 the following: ‘‘and the Committee. Not later 

15 than 180 days after the date of enactment of the 

16 TRAIN Act, the Committee shall develop a report 

17 that contains the general ledger data and oper18 ating statistics from Amtrak’s accounting sys19 tems used to calculate payments to States. Am20 trak shall provide to the States and the Com21 mittee the report for the prior month not later 

22 than 30 days after the last day of each month’’; 

23 (3) in subsection (e) by inserting ‘‘, including 

24 incentives to increase revenue, reduce costs, finalize 

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1 quire States to promptly make payments for services 

2 delivered’’ before the period; 

3 (4) in subsection (f)— 

4 (A) in paragraph (1)— 

5 (i) by inserting ‘‘and annually review 

6 and update, as necessary,’’ after ‘‘shall de7 velop’’; and 

8 (ii) by inserting before ‘‘The Com9 mittee may consult’’ the following: ‘‘The 

10 statement shall include a list of capital 

11 projects, including infrastructure, fleet, sta12 tion, and facility initiatives, needed to sup13 port the growth of State-supported routes.’’; 

14 (B) in paragraph (2) by striking ‘‘Not later 

15 than 2 years’’ and all that follows through 

16 ‘‘transmit the statement’’ and inserting ‘‘The 

17 Committee shall transmit, not later than March 

18 31 of each year, the most recent annual update 

19 to the statement’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(3) SENSE OF CONGRESS.—It is the sense of 

22 Congress that the Committee shall be the forum where 

23 Amtrak and States collaborate on the planning, im24 provement, and development of corridor routes across 

25 the National Network. The Committee shall identify 


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1 obstacles to intercity passenger rail growth and iden2 tify solutions to overcome such obstacles.’’; 

3 (5) by redesignating subsections (g) and (h) as 

4 subsections (j) and (k), respectively; and 

5 (6) by inserting after subsection (f) the following: 

6 ‘‘(g) NEW STATE-SUPPORTED ROUTES.— 

7 ‘‘(1) CONSULTATION.—In developing a new 

8 State-supported route, Amtrak shall consult with the 

9 following: 

10 ‘‘(A) The State or States and local munici11 palities where such new service would operate. 

12 ‘‘(B) Commuter authorities and regional 

13 transportation authorities (as such terms are de14 fined in section 24102) in the areas that would 

15 be served by the planned route. 

16 ‘‘(C) Host railroads. 

17 ‘‘(D) Administrator of the Federal Railroad 

18 Administration. 

19 ‘‘(E) Other stakeholders, as appropriate. 

20 ‘‘(2) STATE COMMITMENTS.—Notwithstanding 

21 any other provision of law, before beginning construc22 tion necessary for, or beginning operation of, a State23 supported route that is initiated on or after the date 

24 of enactment of the TRAIN Act, Amtrak shall enter 

25 into a memorandum of understanding, or otherwise 


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1 secure an agreement, with the State in which such 

2 route will operate for sharing— 

3 ‘‘(A) ongoing operating costs and capital 

4 costs in accordance with the cost allocation meth5 odology described under subsection (a); or 

6 ‘‘(B) ongoing operating costs and capital 

7 costs in accordance with the alternative cost allo8 cation schedule described in paragraph (3). 

9 ‘‘(3) ALTERNATIVE COST ALLOCATION.—Under 

10 the alternative cost allocation schedule described in 

11 this paragraph, with respect to costs not covered by 

12 revenues for the operation of the new State-supported 

13 route, Amtrak shall pay— 

14 ‘‘(A) the share Amtrak otherwise would have 

15 paid under the cost allocation methodology under 

16 subsection (a); and 

17 ‘‘(B) a percentage of the share that the State 

18 otherwise would have paid under the cost alloca19 tion methodology under subsection (a) according 

20 to the following: 

21 ‘‘(i) Amtrak shall pay up to 100 per22 cent of the capital costs necessary to initiate 

23 a new State-supported route, including 

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1 vironmental analysis, prior to beginning 

2 operations on the new route. 

3 ‘‘(ii) For the first 2 years of operation, 

4 Amtrak shall pay for 100 percent of oper5 ating costs and capital costs. 

6 ‘‘(iii) For the third year of operation, 

7 Amtrak shall pay 90 percent of operating 

8 costs and capital costs and the State shall 

9 pay the remainder. 

10 ‘‘(iv) For the fourth year of operation, 

11 Amtrak shall pay 80 percent of operating 

12 costs and capital costs and the State shall 

13 pay the remainder 

14 ‘‘(v) For the fifth year of operation, 

15 Amtrak shall pay 50 percent of operating 

16 costs and capital costs and the State shall 

17 pay the remainder. 

18 ‘‘(vi) For the sixth year of operation 

19 and thereafter, operating costs and capital 

20 costs shall be allocated in accordance with 

21 the cost allocation methodology described 

22 under subsection (a), as applicable. 

23 ‘‘(4) APPLICATION OF TERMS.—In this sub24 section, the terms ‘capital cost’ and ‘operating cost’ 

25 shall apply in the same manner as such terms apply 


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1 under the cost allocation methodology developed under 

2 subsection (a). 

3 ‘‘(h) COST ALLOCATION METHODOLOGY AND IMPLE4 MENTATION REPORT.— 

5 ‘‘(1) IN GENERAL.—Not later than 18 months 

6 after the date of enactment of the TRAIN Act, the 

7 Committee shall submit to the Committee on Trans8 portation and Infrastructure of the House of Rep9 resentatives and the Committee on Commerce, 

10 Science, and Transportation of the Senate a report 

11 assessing potential improvements to the cost alloca12 tion methodology required and approved under sec13 tion 209 of the Passenger Rail Investment and Im14 provement Act of 2008 (49 U.S.C. 24101 note). 

15 ‘‘(2) REPORT CONTENTS.—The report required 

16 under paragraph (1) shall— 

17 ‘‘(A) identify improvements to the cost allo18 cation methodology that would promote— 

19 ‘‘(i) transparency of route and train 

20 costs and revenues; 

21 ‘‘(ii) facilitation of service and network 

22 growth; 

23 ‘‘(iii) improved services for the trav24 eling public; 


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1 ‘‘(iv) maintenance or achievement of 

2 labor collective bargaining agreements; 

3 ‘‘(v) increased revenues; and 

4 ‘‘(vi) reduced costs; 

5 ‘‘(B) describe the various contracting ap6 proaches used in State-supported services be7 tween States and Amtrak, including the method, 

8 amount, and timeliness of payments for each 

9 State-supported service; 

10 ‘‘(C) evaluate the potential benefits and fea11 sibility, including identifying any necessary 

12 statutory changes, of implementing a service 

13 pricing model for State-supported routes in lieu 

14 of a cost allocation methodology and how such a 

15 service pricing model would advance the prior16 ities described in subparagraph (A); and 

17 ‘‘(D) summarize share of costs from the cost 

18 allocation methodology that are— 

19 ‘‘(i) assigned; 

20 ‘‘(ii) allocated regionally or locally; 

21 and 

22 ‘‘(iii) allocated nationally. 

23 ‘‘(3) UPDATE TO THE METHODOLOGY.—Not later 

24 than 2 years after the implementation of the TRAIN 

25 Act, the Committee shall update the methodology, if 


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1 necessary, based on the findings of the report required 

2 under paragraph (1). 

3 ‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE

4 CHANGES.—Amtrak shall provide an update in the general 

5 and legislative annual report under section 24315(b) of 

6 planned or proposed changes to State-supported routes, in7 cluding the introduction of new State-supported routes. In 

8 identifying routes to be included in such request, Amtrak 

9 shall— 

10 ‘‘(1) identify the timeframe in which such 

11 changes could take effect and whether Amtrak has en12 tered into a commitment with a State under sub13 section (g)(2); and 

14 ‘‘(2) consult with the Committee and any addi15 tional States in which proposed routes may operate, 

16 not less than 120 days before the annual grant request 

17 is transmitted to the Secretary.’’. 

18 (b) CONFORMING AMENDMENT.—Section 24315(b)(1) 

19 of title 49, United States Code, is amended— 

20 (1) by redesignating subparagraph (B) as sub21 paragraph (C); 

22 (2) in subparagraph (A) by striking ‘‘section 

23 24902(b) of this title; and’’ and inserting ‘‘section 

24 24902(a) of this title;’’; and 


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1 (3) by inserting after subparagraph (A) the fol2 lowing: 

3 ‘‘(B) shall identify the planned or proposed 

4 State-supported routes, as required under section 

5 24712(i); and’’. 

6 SEC. 9210. AMTRAK POLICE DEPARTMENT. 

7 (a) DEPARTMENT MISSION.—Not later than 180 days 

8 after the date of enactment of this Act, Amtrak shall iden9 tify the mission of the Amtrak Police Department (in this 

10 section referred to as the ‘‘Department’’), including the 

11 scope and priorities of the Department, in mitigating risks 

12 to and ensuring the safety and security of Amtrak pas13 sengers, employees, trains, stations, facilities, and other in14 frastructure. In identifying such mission, Amtrak shall con15 sider— 

16 (1) the unique needs of maintaining the safety 

17 and security of Amtrak’s network; and 

18 (2) comparable passenger rail systems and the 

19 mission of the police departments of such rail systems. 

20 (b) WORKFORCE PLANNING PROCESS.—Not later than 

21 120 days after identifying the mission of the Department 

22 under subsection (a), Amtrak shall develop a workforce 

23 planning process that— 

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1 trol officers, necessary for fulfilling the Department’s 

2 mission; and 

3 (2) sets performance goals and metrics for the 

4 Department and monitors and evaluates the Depart5 ment’s progress toward such goals and metrics. 

6 (c) CONSIDERATIONS.—In developing the workforce 

7 planning process under subsection (b), Amtrak shall— 

8 (1) identify critical positions, skills, and com9 petencies necessary for fulfilling the Department’s 

10 mission; 

11 (2) analyze employment levels and ensure that— 

12 (A) an adequate number of civilian and 

13 sworn personnel are allocated across the Depart14 ment’s 6 geographic divisions, including patrol 

15 officers, detectives, canine units, special oper16 ations unit, strategic operations, intelligence, 

17 corporate security, the Office of Professional Re18 sponsibilities, and the Office of Chief of Polices; 

19 and 

20 (B) patrol officers have an adequate pres21 ence on trains and route segments, and in sta22 tions, facilities, and other infrastructure; 

23 (3) analyze workforce gaps and develop strategies 

24 to address any such gaps; 


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1 (4) consider the risks identified by Amtrak’s 

2 triannual risk assessments; 

3 (5) consider variables, including ridership levels, 

4 miles of right-of-way, crime data, call frequencies, 

5 interactions with vulnerable populations, and work6 load, that comparable passenger rail systems with 

7 similar police departments consider in the develop8 ment of the workforce plans of such systems; and 

9 (6) consider collaboration or coordination with 

10 local, State, Tribal, and Federal agencies, and public 

11 transportation agencies to support the safety and se12 curity of the Amtrak network. 

13 (d) CONSULTATION.—In carrying out this section, Am14 trak shall consult with the Amtrak Police Department 

15 Labor Committee, public safety experts, foreign or domestic 

16 entities providing passenger rail service comparable to Am17 trak, and any other relevant entities, as determined by Am18 trak. 

19 (e) REPORTS.— 

20 (1) REPORT ON MISSION OF DEPARTMENT.—Not 

21 later than 10 days after Amtrak identifies the mission 

22 of the Department under subsection (a), Amtrak shall 

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1 tation of the Senate a report containing a description 

2 of the mission of the Department and the reasons for 

3 the content of such mission. 

4 (2) Report on workforce planning process- Not 

5 later than 10 days after Amtrak completes the work6 force planning process under subsection (b), Amtrak 

7 shall transmit to the Committee on Transportation 

8 and Infrastructure of the House of Representatives 

9 and the Committee on Commerce, Science, and Trans10 portation of the Senate a report containing the work11 force planning process, the underlying data used to 

12 develop such process, and how such process will 

13 achieve the Department’s mission. 

14 SEC. 9211. AMTRAK FOOD AND BEVERAGE. 

15 (a) AMTRAK FOOD AND BEVERAGE.—Section 24321 of 

16 title 49, United States Code, is amended to read as follows: 

17 ‘‘§ 24321. Amtrak food and beverage 

18 ‘‘(a) ENSURING ACCESS TO FOOD AND BEVERAGE

19 SERVICES.—On all long-distance routes, Amtrak shall en20 sure that all passengers who travel overnight on such route 

21 shall have access to purchasing the food and beverages that 

22 are provided to sleeping car passengers on such route. 

23 ‘‘(b) FOOD AND BEVERAGE WORKFORCE.— 


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1 ‘‘(1) WORKFORCE REQUIREMENT.—Amtrak shall 

2 ensure that any individual onboard a train who pre3 pares food and beverages is an Amtrak employee. 

4 ‘‘(2) SAVINGS CLAUSE.—No Amtrak employee 

5 holding a position as of the date of enactment of the 

6 TRAIN Act may be involuntarily separated because 

7 of any action taken by Amtrak to implement this sec8 tion, including any employees who are furloughed as 

9 a result of the COVID–19 pandemic. 

10 ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 

11 Amtrak employee holding a position as of the date of enact12 ment of the Passenger Rail Reform and Investment Act of 

13 2015 is involuntarily separated because of the development 

14 and implementation of the plan required by the amend15 ments made by section 11207 of such Act.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 (1) ANALYSIS.—The item related to section 

18 24321 in the analysis for chapter 243 of title 49, 

19 United States Code, is amended to read as follows: 

‘‘24321. Amtrak food and beverage.’’. 

20 (2) AMTRAK AUTHORITY.—Section 24305(c)(4) of 

21 title 49, United States Code, is amended by striking 

22 ‘‘only if revenues from the services each year at least 

23 equal the cost of providing the services’’. 

24 (3) CONTRACTING OUT.—Section 121(c) of the 

25 Amtrak Reform and Accountability Act of 1997 (49 


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1 U.S.C. 24312 note; 111 Stat. 2574) is amended by 

2 striking ‘‘, other than work related to food and bev3 erage service,’’. 

4 (c) AMTRAK FOOD AND BEVERAGE WORKING

5 GROUP.— 

6 (1) ESTABLISHMENT.—Not later than 90 days 

7 after the date of enactment of this Act, Amtrak shall 

8 establish a working group (in this subsection referred 

9 to as the ‘‘Working Group’’) to provide recommenda10 tions on Amtrak onboard food and beverage services. 

11 (2) MEMBERSHIP.—The Working Group shall 

12 consist of individuals representing— 

13 (A) Amtrak; 

14 (B) the labor organizations representing 

15 Amtrak employees who prepare or provide on16 board food and beverage services; and 

17 (C) nonprofit organizations representing 

18 Amtrak passengers. 

19 (3) RECOMMENDATIONS.— 

20 (A) IN GENERAL.—The Working Group 

21 shall develop recommendations to increase rider22 ship and improve customer satisfaction by— 

23 (i) promoting collaboration and en24 gagement between Amtrak, Amtrak pas25 sengers, and Amtrak employees preparing 


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1 or providing onboard food and beverage 

2 services, prior to Amtrak implementing 

3 changes to onboard food and beverage serv4 ices; 

5 (ii) improving onboard food and bev6 erage services; and 

7 (iii) improving solicitation, reception, 

8 and consideration of passenger feedback re9 garding onboard food and beverage services. 

10 (B) CONSIDERATIONS.—In developing the 

11 recommendations under subparagraph (A), the 

12 Working Group shall consider— 

13 (i) the healthfulness of onboard food 

14 and beverages offered, including the ability 

15 of passengers to address dietary restrictions; 

16 (ii) the preparation and delivery of on17 board food and beverages; 

18 (iii) the differing needs of passengers 

19 traveling on long-distance routes, State-sup20 ported routes, and the Northeast Corridor; 

21 (iv) the reinstatement of the dining car 

22 service on long-distance routes; 

23 (v) Amtrak passenger survey data 

24 about the food and beverages offered on Am25 trak trains; and 


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1 (vi) any other issue the Working Group 

2 determines appropriate. 

3 (4) REPORTS.— 

4 (A) INITIAL REPORT.—Not later than 1 

5 year after the date on which the Working Group 

6 is established, the Working Group shall submit to 

7 the Board of Directors of Amtrak, the Committee 

8 on Transportation and Infrastructure of the 

9 House of Representatives, and the Committee on 

10 Commerce, Science, and Transportation of the 

11 Senate a report containing the recommendations 

12 developed under paragraph (3). 

13 (B) SUBSEQUENT REPORT.—Not later than 

14 30 days after the date on which the Working 

15 Group submits the report required under sub16 paragraph (A), Amtrak shall submit to the Com17 mittee on Transportation and Infrastructure of 

18 the House of Representatives and the Committee 

19 on Commerce, Science, and Transportation of 

20 the Senate a report on whether Amtrak agrees 

21 with the recommendations of the Working Group 

22 and describing any plans to implement such rec23 ommendations. 

24 (5) PROHIBITION ON FOOD AND BEVERAGE SERV25 ICE CHANGES.—During the period beginning on the 


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1 date of enactment of this Act and ending 30 days 

2 after the date on which Amtrak submits the report re3 quired under paragraph (4)(B), Amtrak may not 

4 make large-scale, structural changes to existing on5 board food and beverage services, except that Amtrak 

6 shall reverse any changes to onboard food and bev7 erage service made in response to the COVID–19 pan8 demic as Amtrak service is restored. 

9 (6) TERMINATION.—The Working Group shall 

10 terminate on the date on which Amtrak submits the 

11 report required under paragraph (4)(B), except that 

12 Amtrak may extend such date by up to 1 year if Am13 trak determines that the Working Group is beneficial 

14 to Amtrak in making decisions related to onboard 

15 food and beverage services. If Amtrak extends such 

16 date, Amtrak shall include notification of the exten17 sion in the report required under paragraph (4)(B). 

18 (7) NONAPPLICABILITY OF FEDERAL ADVISORY

19 COMMITTEE ACT.—The Federal Advisory Committee 

20 Act (5 U.S.C. App) does not apply to the Working 

21 Group established under this section. 

22 (8) LONG-DISTANCE ROUTE; NORTHEAST COR23 RIDOR; AND STATE-SUPPORTED ROUTE DEFINED.—In 

24 this subsection, the terms ‘‘long-distance route’’, 

25 ‘‘Northeast Corridor’’, and ‘‘State-supported route’’ 


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1 have the meaning given those terms in section 24102 

2 of title 49, United States Code. 

3 SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING OUT. 

4 Section 121 of the Amtrak Reform and Accountability 

5 Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 2574) is 

6 amended by striking subsection (d) and inserting the fol7 lowing: 

8 ‘‘(d) FURLOUGHED WORK.—Amtrak may not contract 

9 out work within the scope of work performed by an em10 ployee in a bargaining unit covered by a collective bar11 gaining agreement entered into between Amtrak and an or12 ganization representing Amtrak employees during the pe13 riod of time such employee has been laid off and has not 

14 been recalled to perform such work. 

15 ‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING

16 OUT.—This section does not— 

17 ‘‘(1) supersede a prohibition or limitation on 

18 contracting out work covered by a collective bar19 gaining agreement entered into between Amtrak and 

20 an organization representing Amtrak employees; or 

21 ‘‘(2) prohibit Amtrak and an organization rep22 resenting Amtrak employees from entering into a col23 lective bargaining agreement that allows for con24 tracting out the work of a furloughed employee that 

25 would otherwise be prohibited under subsection (d).’’. 


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1 SEC. 9213. AMTRAK STAFFING. 

2 Section 24312 of title 49, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(c) CALL CENTER STAFFING.— 

5 ‘‘(1) OUTSOURCING.—Amtrak may not renew or 

6 enter into a contract to outsource call center customer 

7 service work on behalf of Amtrak, including through 

8 a business process outsourcing group. 

9 ‘‘(2) TRAINING.—Amtrak shall make available 

10 appropriate training programs to any Amtrak call 

11 center employee carrying out customer service activi12 ties using telephone or internet platforms. 

13 ‘‘(d) STATION AGENT STAFFING.— 

14 ‘‘(1) IN GENERAL.—Beginning on the date that 

15 is 1 year after the date of enactment of the TRAIN 

16 Act, Amtrak shall ensure that at least 1 Amtrak ticket 

17 agent is employed at each station building where at 

18 least 1 Amtrak ticket agent was employed on or after 

19 October 1, 2017. 

20 ‘‘(2) LOCATIONS.—Notwithstanding section (1), 

21 beginning on the date that is 1 year after the date of 

22 enactment of the TRAIN Act, Amtrak shall ensure 

23 that at least 1 Amtrak ticket agent is employed at 

24 each station building— 

25 ‘‘(A) that Amtrak owns, or operates service 

26 through, as part of a passenger service route; and 


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1 ‘‘(B) for which the number of passengers 

2 boarding or deboarding an Amtrak long-distance 

3 train in the previous fiscal year exceeds the aver4 age of at least 40 passengers per day over all 

5 days in which the station was serviced by Am6 trak, regardless of the number of Amtrak vehicles 

7 servicing the station per day. For fiscal year 

8 2021, ridership from fiscal year 2019 shall be 

9 used to determine qualifying stations. 

10 ‘‘(3) EXCEPTION.—This subsection does not 

11 apply to any station building in which a commuter 

12 rail ticket agent has the authority to sell Amtrak tick13 ets. 

14 ‘‘(4) AMTRAK TICKET AGENT.—For purposes of 

15 this section, the term ‘Amtrak ticket agent’ means an 

16 Amtrak employee with authority to sell Amtrak tick17 ets onsite and assist in the checking of Amtrak pas18 senger baggage.’’. 

19 SEC. 9214. SPECIAL TRANSPORTATION. 

20 Section 24307(a) of title 49, United States Code, is 

21 amended— 

22 (1) in the matter preceding paragraph (1) by 

23 striking ‘‘for the following:’’ and inserting ‘‘of at least 

24 a 10 percent discount on full-price coach class rail 

25 fares for, at a minimum—’’; 


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1 (2) in paragraph (1) by striking the period at 

2 the end and inserting a semicolon; and 

3 (3) by striking paragraph (2) and inserting the 

4 following: 

5 ‘‘(2) individuals of 12 years of age or younger; 

6 ‘‘(3) individuals with a disability, as such term 

7 is defined in section 3 of the Americans with Disabil8 ities Act of 1990 (42 U.S.C. 12102); 

9 ‘‘(4) members of the Armed Forces on active duty 

10 (as those terms are defined in section 101 of title 10) 

11 and their spouses and dependents with valid identi12 fication; 

13 ‘‘(5) veterans (as that term is defined in section 

14 101 of title 38) with valid identification; and 

15 ‘‘(6) individuals attending federally-accredited 

16 postsecondary education institutions with valid stu17 dent identification cards.’’. 

18 SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM. 

19 (a) IN GENERAL.—Chapter 243 of title 49, United 

20 States Code, is further amended by adding at the end the 

21 following: 

22 ‘‘§ 24324. Disaster and emergency relief program 

23 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

24 may make grants to Amtrak for— 


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1 ‘‘(1) capital projects to repair, reconstruct, or re2 place equipment, infrastructure, stations, and other 

3 facilities that the Secretary determines are in danger 

4 of suffering serious damage, or have suffered serious 

5 damage, as a result of an emergency event; 

6 ‘‘(2) offset revenue lost as a result of such an 

7 event; and 

8 ‘‘(3) support continued operations following 

9 emergency events. 

10 ‘‘(b) COORDINATION OF EMERGENCY FUNDS.—Funds 

11 made available to carry out this section shall be in addition 

12 to any other funds available and shall not affect the ability 

13 of Amtrak to use any other funds otherwise authorized by 

14 law. 

15 ‘‘(c) GRANT CONDITIONS.—Grants made under this 

16 subsection (a) shall be subject to section 22905(c)(2)(A) and 

17 other such terms and conditions as the Secretary determines 

18 necessary. 

19 ‘‘(d) DEFINITION OF EMERGENCY EVENT.—In this sec20 tion, the term ‘emergency event’ has the meaning given such 

21 term in section 20103.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for chapter 

23 243 of title 49, United States Code, is further amended by 

24 adding at the end the following: 

‘‘24324. Disaster and emergency relief program.’’. 


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1 SEC. 9216. RECREATIONAL TRAIL ACCESS. 

2 Section 24315 of title 49, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(i) RECREATIONAL TRAIL ACCESS.—At least 30 days 

5 before implementing a new policy, structure, or operation 

6 that impedes recreational trail access, Amtrak shall work 

7 with potentially affected communities, making a good-faith 

8 effort to address local concerns about such recreational trail 

9 access. Not later than February 15 of each year, Amtrak 

10 shall submit to the Committee on Transportation and In11 frastructure of the House of Representatives and the Com12 mittee on Environment and Public Works of the Senate a 

13 report on any such engagement in the preceding calendar 

14 year, and any changes to policies, structures, or operations 

15 affecting recreational trail access that were considered or 

16 made as a result. Such report shall include Amtrak’s plans 

17 to mitigate the impact to such recreational trail access.’’. 

18 SEC. 9217. INVESTIGATION OF SUBSTANDARD PERFORM19 ANCE. 

20 Section 24308(f) of title 49, United States Code, is 

21 amended— 

22 (1) in paragraph (1)— 

23 (A) by striking ‘‘If the on-time’’ and insert24 ing ‘‘If either the on-time’’; 

25 (B) by inserting ‘‘, measured at each station 

26 on its route based upon the arrival times plus 15 


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1 minutes shown in schedules Amtrak and the host 

2 railroad have agreed to or have been determined 

3 by the Surface Transportation Board pursuant 

4 to section 213 of the Passenger Rail Investment 

5 and Improvement Act of 2008 as of or subse6 quent to the date of enactment of the TRAIN 

7 Act,’’ after ‘‘intercity passenger train’’; and 

8 (C) by striking ‘‘or the service quality of’’ 

9 and inserting ‘‘or the on-time performance of’’; 

10 (2) in paragraph (2) by striking ‘‘minimum 

11 standards investigated under paragraph (1)’’ and in12 serting ‘‘either performance standard under para13 graph (1)’’; and 

14 (3) in paragraph (4) by striking ‘‘or failures to 

15 achieve minimum standards’’ and inserting ‘‘or fail16 ure to achieve either performance standard under 

17 paragraph (1)’’. 

18 SEC. 9218. AMTRAK CYBERSECURITY ENHANCEMENT 

19 GRANT PROGRAM. 

20 (a) IN GENERAL.—Chapter 243 of title 49, United 

21 States Code, is further amended by adding at the end the 

22 following: 


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1 ‘‘§ 24324. Amtrak cybersecurity enhancement grant 

2 program 

3 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

4 shall make grants to Amtrak for improvements in informa5 tion technology systems, including cyber resiliency improve6 ments for Amtrak information technology assets. 

7 ‘‘(b) APPLICATION OF BEST PRACTICES.—Any cyber 

8 resiliency improvements carried out with a grant under this 

9 section shall be consistent with the principles contained in 

10 the special publication numbered 800–160 issued by the Na11 tional Institute of Standards and Technology Special and 

12 any other applicable security controls published by the In13 stitute. 

14 ‘‘(c) COORDINATION OF CYBERSECURITY FUNDS.— 

15 Funds made available to carry out this section shall be in 

16 addition to any other Federal funds and shall not affect 

17 the ability of Amtrak to use any other funds otherwise au18 thorized by law for purposes of enhancing the cybersecurity 

19 architecture of Amtrak. 

20 ‘‘(d) GRANT CONDITIONS.—Grants made under this 

21 section shall be subject to such terms and conditions as the 

22 Secretary determines necessary.’’ 

23 (b) CLERICAL AMENDMENT.—The analysis for chapter 

24 243 of title 49, United States Code, is further amended by 

25 adding at the end the following: 

‘‘24324. Amtrak cybersecurity enhancement grant program.’’ 


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1 SEC. 9219. AMTRAK AND PRIVATE CARS. 

2 (a) SENSE OF CONGRESS.—It is the sense of Congress 

3 that private cars and charter trains can— 

4 (1) improve Amtrak’s financial performance, 

5 particularly on the long-distance routes; 

6 (2) have promotional value for Amtrak that re7 sults in future travel on Amtrak trains by passengers 

8 made aware of Amtrak as a result; 

9 (3) support private-sector jobs, including for me10 chanical work and on-board services; and 

11 (4) provide good-will benefits to Amtrak. 

12 (b) POLICY REVIEW.—Amtrak shall review the policy 

13 changes since January 1, 2018, that have caused significant 

14 changes to the relationship between Amtrak and private car 

15 owners and charter train services and evaluate opportuni16 ties to strengthen these services, including by reinstating 

17 some access points and restoring flexibility to charter-train 

18 policies. For charter trains, private cars, and package ex19 press carried on regular Amtrak trains, consistent with 

20 sound business practice, Amtrak should recover direct costs 

21 plus a reasonable profit margin. 

22 SEC. 9220. AMTRAK OFFICE OF COMMUNITY OUTREACH. 

23 (a) IN GENERAL.—Chapter 243 of title 49, United 

24 States Code, is further amended by adding at the end the 

25 following new section: 


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1 ‘‘§ 24325. Amtrak Office of Community Outreach 

2 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

3 date of enactment of the TRAIN Act, Amtrak shall establish 

4 an Office of Community Outreach to engage with commu5 nities impacted by Amtrak operations. 

6 ‘‘(b) RESPONSIBILITIES.—The Office of Community 

7 Outreach shall be responsible for— 

8 ‘‘(1) outreach and engagement with— 

9 ‘‘(A) local officials before capital improve10 ment project plans are finalized; and 

11 ‘‘(B) local stakeholders and relevant organi12 zations on projects of community significance; 

13 ‘‘(2) clear explanation and publication of how 

14 community members can communicate with Amtrak; 

15 ‘‘(3) the use of virtual public involvement, social 

16 media, and other web-based tools to encourage public 

17 participation and solicit public feedback; and 

18 ‘‘(4) making publicly available on the website of 

19 Amtrak, planning documents for proposed and imple20 mented capital improvement projects. 

21 ‘‘(c) REPORT TO CONGRESS.—Not later than 1 year 

22 after the establishment of the Office of Community Out23 reach, and annually thereafter, Amtrak shall submit to the 

24 Committee on Transportation and Infrastructure in the 

25 House of Representatives and the Committee on Commerce, 

26 Science, and Transportation of the Senate a report that— 


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1 ‘‘(1) describes the community outreach efforts un2 dertaken by the Amtrak Office of Community Out3 reach for the previous year; and 

4 ‘‘(2) identifies changes Amtrak made to capital 

5 improvement project plans after engagement with af6 fected communities.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chapter 

8 243 of title 49, United States Code, is further amended by 

9 adding at the end the following: 

‘‘24325. Amtrak Office of Community Outreach.’’. 

10 TITLE III—INTERCITY 

11 PASSENGER RAIL POLICY 

12 SEC. 9301. NORTHEAST CORRIDOR COMMISSION. 

13 Section 24905 of title 49, United States Code, is 

14 amended— 

15 (1) in subsection (a)(1)— 

16 (A) in subparagraph (A) by striking ‘‘mem17 bers’’ and inserting ‘‘4 members’’; 

18 (B) in subparagraph (B) by striking ‘‘mem19 bers’’ and inserting ‘‘5 members’’; and 

20 (C) in subparagraph (D) by striking ‘‘and 

21 commuter railroad carriers using the Northeast 

22 Corridor selected by the Secretary’’ and inserting 

23 ‘‘railroad carriers and commuter authorities 

24 using the Northeast Corridor, as determined by 

25 the Commission’’; 


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1 (2) by striking paragraph (2) of subsection (a) 

2 and inserting the following: 

3 ‘‘(2) At least 2 of the members described in para4 graph (1)(B) shall be career appointees, as such term 

5 is defined in section 3132(a) of title 5.’’; 

6 (3) in subsection (b)(3)(B)— 

7 (A) in clause (i) by inserting ‘‘, including 

8 ridership trends,’’ before ‘‘along the Northeast 

9 Corridor’’; 

10 (B) in clause (ii) by striking ‘‘capital in11 vestment plan described in section 24904.’’ and 

12 inserting ‘‘first year of the capital investment 

13 plan described in section 24904; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(iii) progress in assessing and elimi16 nating the state-of-good-repair backlog.’’; 

17 (4) in subsection (c)— 

18 (A) by striking ‘‘(1) DEVELOPMENT’’ and 

19 all that follows through ‘‘standardized policy’’ 

20 and inserting the following: 

21 ‘‘(1) POLICY.—The Commission shall— 

22 ‘‘(A) maintain and update, as appropriate, 

23 the ‘Northeast Corridor Commuter and Intercity 

24 Rail Cost Allocation Policy’ approved on Sep25 tember 17, 2015,’’; 


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1 (B) in paragraph (1)— 

2 (i) in subparagraph (B) by striking ‘‘a 

3 proposed timetable for implementing’’ and 

4 inserting ‘‘timetables for implementing and 

5 maintaining’’; 

6 (ii) in subparagraph (C) by striking 

7 ‘‘the policy and the timetable’’ and insert8 ing ‘‘updates to the policy and the time9 tables’’; and 

10 (iii) by striking subparagraph (D) and 

11 inserting the following: 

12 ‘‘(D) support the efforts of the members of 

13 the Commission to implement the policy in ac14 cordance with such timetables; and’’; 

15 (C) in paragraph (2)— 

16 (i) by striking the first sentence and 

17 inserting ‘‘In accordance with the timetable 

18 developed in paragraph (1), Amtrak and 

19 commuter authorities on the Northeast Cor20 ridor shall implement the policy developed 

21 under paragraph (1) in agreements for 

22 usage of facilities or services.’’; 

23 (ii) by striking ‘‘fail to implement such 

24 new agreements’’ and inserting ‘‘fail to im25 plement the policy’’; and 


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1 (iii) by striking ‘‘paragraph (1)(A), as 

2 applicable’’ and inserting ‘‘paragraph (1)’’; 

3 and 

4 (D) in paragraph (4) by striking ‘‘public 

5 authorities providing commuter rail passenger 

6 transportation’’ and inserting ‘‘commuter au7 thorities’’; 

8 (5) by striking subsection (d); 

9 (6) by redesignating subsection (e) as subsection 

10 (d); and 

11 (7) in paragraph (1)(D) of subsection (d) (as re12 designated by paragraph (6)) by striking ‘‘commuter 

13 rail agencies’’ and inserting ‘‘commuter authorities’’. 

14 SEC. 9302. NORTHEAST CORRIDOR PLANNING. 

15 (a) IN GENERAL.—Section 24904 of title 49, United 

16 States Code, is amended— 

17 (1) by redesignating subsection (e) as subsection 

18 (f); 

19 (2) by striking subsection (c); 

20 (3) by redesignating subsections (a) and (b) as 

21 subsections (b) and (c), respectively; 

22 (4) by inserting before subsection (b), as so redes23 ignated, the following: 

24 ‘‘(a) STRATEGIC DEVELOPMENT PLAN.— 


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1 ‘‘(1) REQUIREMENT.—Not later than December 

2 31, 2021, the Northeast Corridor Commission estab3 lished under section 24905 (referred to in this section 

4 as the ‘Commission’) shall submit to Congress a stra5 tegic development plan that identifies key state-of6 good-repair, capacity expansion, and capital im7 provement projects planned for the Northeast Cor8 ridor, to upgrade aging infrastructure and improve 

9 the reliability, capacity, connectivity, performance, 

10 and resiliency of passenger rail service on the North11 east Corridor. 

12 ‘‘(2) CONTENTS.—The strategic development 

13 plan required under paragraph (1) shall— 

14 ‘‘(A) provide a coordinated and consensus15 based plan covering a period of 15 years; 

16 ‘‘(B) identify service objectives and capital 

17 investments needs; 

18 ‘‘(C) provide a delivery-constrained strategy 

19 that identifies capital investment phasing, an 

20 evaluation of workforce needs, and strategies for 

21 managing resources and mitigating construction 

22 impacts on operations; 

23 ‘‘(D) include a financial strategy that iden24 tifies funding needs and potential sources and 

25 includes an economic impact analysis; and 


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1 ‘‘(E) be updated at least every 5 years.’’; 

2 (5) in subsection (b) (as redesignated by para3 graph (3))— 

4 (A) by striking ‘‘Not later than’’ and all 

5 that follows through ‘‘shall’’ and inserting ‘‘Not 

6 later than November 1 of each year, the Commis7 sion shall’’; 

8 (B) in paragraph (1)(A) by striking ‘‘a 

9 capital investment plan’’ and inserting ‘‘an an10 nual capital investment plan’’; 

11 (C) in paragraph (2)— 

12 (i) in subparagraph (A) by striking 

13 ‘‘and network optimization’’; 

14 (ii) in subparagraph (B) by striking 

15 ‘‘and service’’; 

16 (iii) in subparagraph (C) by striking 

17 ‘‘first fiscal year after the date on which’’ 

18 and inserting ‘‘fiscal year during which’’; 

19 (iv) in subparagraph (D) by striking 

20 ‘‘identify, prioritize,’’ and all that follows 

21 through ‘‘and consider’’ and inserting ‘‘doc22 ument the projects and programs being un23 dertaken to achieve the service outcomes 

24 identified in the Northeast Corridor stra25 tegic development plan, once available, and 


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1 the asset condition needs identified in the 

2 Northeast Corridor asset management plans 

3 and consider’’; and 

4 (v) in subparagraph (E)(i) by striking 

5 ‘‘normalized capital replacement and’’; and 

6 (D) in paragraph (3)(B) by striking ‘‘ex7 pected allocated shares of costs’’ and inserting 

8 ‘‘status of cost sharing agreements’’; 

9 (6) in subsection (c) (as redesignated by para10 graph (3)) by striking ‘‘may be spent only on’’ and 

11 all that follows through the end and inserting ‘‘may 

12 be spent only on capital projects and programs con13 tained in the Commission’s capital investment plan 

14 from the previous year.’’; and 

15 (7) by striking subsections (d) and (e) and in16 serting the following: 

17 ‘‘(d) REVIEW AND COORDINATION.—The Commission 

18 shall gather information from Amtrak, the States in which 

19 the Northeast Corridor is located, and commuter rail au20 thorities to support development of the capital investment 

21 plan. The Commission may specify a format and other cri22 teria for the information submitted. Submissions to the 

23 plan from Amtrak, States in which the Northeast Corridor 

24 are located, and commuter rail authorities shall be provided 

25 to the Commission in a manner that allows for a reasonable 


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1 period of review by, and coordination with, affected agen2 cies. 

3 ‘‘(e) NORTHEAST CORRIDOR ASSET MANAGEMENT.— 

4 ‘‘(1) CONTENTS.—With regard to existing infra5 structure, Amtrak and other infrastructure owners 

6 that provide or support intercity rail passenger trans7 portation on the Northeast Corridor shall develop an 

8 asset management system, and use and update such 

9 system as necessary, to develop submissions to the 

10 Northeast Corridor capital investment plan described 

11 in subsection (b). Such system shall— 

12 ‘‘(A) be consistent with the Federal Transit 

13 Administration process, as authorized under sec14 tion 5326, when implemented; and 

15 ‘‘(B) include, at a minimum— 

16 ‘‘(i) an inventory of all capital assets 

17 owned by the developer of the plan; 

18 ‘‘(ii) an assessment of asset condition; 

19 ‘‘(iii) a description of the resources 

20 and processes necessary to bring or main21 tain those assets in a state of good repair; 

22 and 

23 ‘‘(iv) a description of changes in asset 

24 condition since the previous version of the 

25 plan.’’. 


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1 (b) CONFORMING AMENDMENTS.— 

2 (1) ACCOUNTS.—Section 24317(d)(1) of title 49, 

3 United States Code, is amended— 

4 (A) in subparagraph (B) by striking 

5 ‘‘24904(a)(2)(E)’’ and inserting 

6 ‘‘24904(b)(2)(E)’’; and 

7 (B) in subparagraph (F) by striking 

8 ‘‘24904(b)’’ and inserting ‘‘24904(c)’’. 

9 (2) FEDERAL-STATE PARTNERSHIP FOR STATE

10 OF GOOD REPAIR.—Section 24911(e)(2) of title 49, 

11 United States Code, is amended by striking 

12 ‘‘24904(a)’’ and inserting ‘‘24904(b)’’. 

13 SEC. 9303. PROTECTIVE ARRANGEMENTS. 

14 Section 22905 of title 49, United States Code, is 

15 amended— 

16 (1) in subsection (c)(2)(B) by striking ‘‘that are 

17 equivalent to the protective arrangements established 

18 under section 504 of the Railroad Revitalization and 

19 Regulatory Reform Act of 1976 (45 U.S.C. 836)’’ and 

20 inserting ‘‘established by the Secretary under sub21 section (e)(1)’’; 

22 (2) by redesignating subsections (e) and (f) as 

23 subsections (f) and (g), respectively; and 

24 (3) by inserting after subsection (d) the fol25 lowing: 


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1 ‘‘(e) EQUIVALENT EMPLOYEE PROTECTIONS.— 

2 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

3 after the date of enactment of this subsection, the Ad4 ministrator of the Federal Railroad Administration 

5 shall establish protective arrangements equivalent to 

6 those established under section 504 of the Railroad 

7 Revitalization and Regulatory Reform Act of 1976 

8 (45 U.S.C. 836), and require such protective arrange9 ments to apply to employees described under sub10 section (c)(2)(B) and as required under subsection (j) 

11 of section 22907. 

12 ‘‘(2) PUBLICATION.—The Administrator shall 

13 make available on a publicly available website the 

14 protective arrangements established under paragraph 

15 (1).’’. 

16 SEC. 9304. HIGH-SPEED RAIL FUNDS. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law and not later than 90 days after the date of 

19 enactment of this Act, the Secretary of Transportation shall 

20 reinstate any cooperative agreement terminated after Janu21 ary 1, 2019 that was originally entered into under the head22 ing ‘‘Capital Assistance for High Speed Rail Corridors and 

23 Intercity Passenger Rail Service’’ in the Department of 

24 Transportation Appropriations Act, 2010 (Public Law 

25 111–117). 


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1 (b) INCLUSION.—The reinstatement under subsection 

2 (a) shall include the obligation to such agreement of all of 

3 the funds obligated to such agreement as of the date of ter4 mination of such agreement. 

5 (c) GRANT CONDITIONS.—The reinstatement under 

6 subsection (a) shall include all grant conditions required 

7 under such agreement, including section 22905(c)(2)(A) of 

8 title 49, United State Code, as of the date of termination 

9 of such agreement. 

10 TITLE IV—COMMUTER RAIL 

11 POLICY 

12 SEC. 9401. SURFACE TRANSPORTATION BOARD MEDIATION 

13 OF TRACKAGE USE REQUESTS. 

14 Section 28502 of title 49, United States Code, is 

15 amended to read as follows: 

16 ‘‘§ 28502. Surface Transportation Board mediation of 

17 trackage use requests 

18 ‘‘A rail carrier shall provide good faith consideration 

19 to a reasonable request from a provider of commuter rail 

20 passenger transportation for access to trackage and provi21 sion of related services. If, after a reasonable period of nego22 tiation, a public transportation authority cannot reach 

23 agreement with a rail carrier to use trackage of, and have 

24 related services provided by, the rail carrier for purposes 

25 of commuter rail passenger transportation, the public 


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1 transportation authority or the rail carrier may apply to 

2 the Board for nonbinding mediation. In any case in which 

3 dispatching for the relevant trackage is controlled by a rail 

4 carrier other than the trackage owner, both shall be subject 

5 to the requirements of this section and included in the 

6 Board’s mediation process. The Board shall conduct the 

7 nonbinding mediation in accordance with the mediation 

8 process of section 1109.4 of title 49, Code of Federal Regula9 tions, as in effect on the date of enactment of the TRAIN 

10 Act.’’. 

11 SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION 

12 OF RIGHTS-OF-WAY USE REQUESTS. 

13 Section 28503 of title 49, United States Code, is 

14 amended to read as follows: 

15 ‘‘§ 28503. Surface Transportation Board mediation of 

16 rights-of-way use requests 

17 ‘‘A rail carrier shall provide good faith consideration 

18 to a reasonable request from a provider of commuter rail 

19 passenger transportation for access to rail right-of-way for 

20 the construction and operation of a segregated fixed guide21 way facility. If, after a reasonable period of negotiation, 

22 a public transportation authority cannot reach agreement 

23 with a rail carrier to acquire an interest in a railroad 

24 right-of-way for the construction and operation of a seg25 regated fixed guideway facility to provide commuter rail 


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1 passenger transportation, the public transportation author2 ity or the rail carrier may apply to the Board for non3 binding mediation. In any case in which dispatching for 

4 the relevant trackage is controlled by a rail carrier other 

5 than the right-of-way owner, both shall be subject to the re6 quirements of this section and included in the Board’s me7 diation process. The Board shall conduct the nonbinding 

8 mediation in accordance with the mediation process of sec9 tion 1109.4 of title 49, Code of Federal Regulations, as in 

10 effect on the date of enactment of the TRAIN Act.’’. 

11 SEC. 9403. CHICAGO UNION STATION IMPROVEMENT PLANS. 

12 (a) ONE-YEAR CAPITAL IMPROVEMENT PLAN.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the conclusion of the Surface Transportation Board 

15 proceeding in the petition by Amtrak for a proceeding 

16 pursuant to section 24903(c)(2) of title 49, United 

17 States Code (Docket No. FD 36332), Amtrak and 

18 Metra shall enter into an agreement for a one-year 

19 capital improvement plan for Chicago Union Station. 

20 (2) EXTENSION.—The deadline under paragraph 

21 (1) may be extended with the consent of both Amtrak 

22 and Metra. 

23 (3) SUBMISSION OF PLAN.—Amtrak and Metra 

24 shall transmit the one-year capital improvement plan 

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1 ture of the House of Representatives and Committee 

2 on Commerce, Science, and Transportation of the 

3 Senate. 

4 (b) FIVE-YEAR CAPITAL IMPROVEMENT PLAN.— 

5 (1) IN GENERAL.—Not later than 180 days after 

6 the date on which Amtrak and Metra enter into the 

7 agreement under subsection (a), Amtrak shall enter 

8 into an agreement with Metra for a five-year capital 

9 improvement plan for Chicago Union Station. 

10 (2) EXTENSION.—The deadline required under 

11 paragraph (1) may be extended with the consent of 

12 both Amtrak and Metra. 

13 (3) SUBMISSION OF PLAN.—Amtrak and Metra 

14 shall transmit the five-year capital improvement plan 

15 to the Committee on Transportation and Infrastruc16 ture of the House of Representatives and Committee 

17 on Commerce, Science, and Transportation of the 

18 Senate. 

19 (c) CONTENTS.—The capital improvement plans re20 quired under subsections (a) and (b) shall identify the 

21 projects that Amtrak and Metra agree to implement at Chi22 cago Union Station within the timeframe of each such plan, 

23 including projects that improve— 


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1 (1) areas considered outside the glass such as 

2 tracks, platforms switches, and other rail infrastruc3 ture; 

4 (2) facilities for Amtrak and Metra crew; and 

5 (3) the operations of Chicago Union Station, 

6 such as the dispatching of commuter and intercity 

7 passenger trains out of Chicago Union Station. 

8 (d) ANNUAL PROGRESS REPORT.—Not later than 1 

9 year after the date on which Amtrak and Metra enter into 

10 an agreement required under subsection (b), and annually 

11 thereafter for 5 years, Amtrak and Metra shall jointly sub12 mit to the Committee on Transportation and Infrastructure 

13 of the House of Representatives and the Committee on Com14 merce, Science, and Transportation of the Senate a report 

15 describing the progress Amtrak and Metra have made in 

16 implementing the plan required under subsection (b). 

17 (e) DEFINITIONS.—In this section: 

18 (1) CHICAGO UNION STATION.—The term ‘‘Chi19 cago Union Station’’ means the passenger train sta20 tion located at 225 South Canal Street, Chicago, Illi21 nois 60606, and its associated facilities. 

22 (2) METRA.—The term ‘‘Metra’’ means the 

23 Northeast Illinois Regional Commuter Railroad Cor24 poration. 


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1 TITLE V—RAIL SAFETY 

2 Subtitle A—Passenger and Freight 

3 Safety 

4 SEC. 9501. NATIONAL ACADEMIES STUDY ON SAFETY IM5 PACT OF TRAINS LONGER THAN 7,500 FEET. 

6 (a) STUDY.—The Secretary of Transportation shall 

7 seek to enter into an agreement with the National Acad8 emies to conduct a study and issue to the Committee on 

9 Transportation and Infrastructure of the House of Rep10 resentatives and the Committee on Commerce, Science, and 

11 Transportation of the Senate a report on the safety impacts 

12 of freight trains longer than 7,500 feet. 

13 (b) CONTENTS.—The study conducted pursuant to sub14 section (a) shall include— 

15 (1) an examination of any potential risks of the 

16 operation of such trains and recommendations on 

17 mitigation of such risks; 

18 (2) among other safety factors with respect to 

19 such trains, an evaluation of— 

20 (A) any increased risk of loss of commu21 nications between the end of train device and the 

22 locomotive cab, including communications over 

23 differing terrains and conditions; 

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1 munications over differing terrains and condi2 tions; 

3 (C) any increased risk of derailments, in4 cluding risks associated with in-train compres5 sive forces and slack action or other safety risks 

6 in the operations of such trains in differing ter7 rains and conditions; 

8 (D) safety risks associated with the deploy9 ment of multiple distributed power units in the 

10 consists of such trains; and 

11 (E) impacts of the length of trains on brak12 ing and locomotive performance and track wear 

13 and tear; and 

14 (3) an evaluation of whether additional engineer 

15 and conductor training is required for safely oper16 ating such trains. 

17 (c) REPORT.—Not later than 24 months after the date 

18 of enactment of this Act, the Secretary shall submit to the 

19 Committee on Transportation and Infrastructure of the 

20 House of Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate a report on the 

22 results of the study. 

23 (d) FUNDING.—From the amounts made available for 

24 fiscal year 2021 to carry out section 20117(a) of title 49, 

25 United States Code, the Secretary shall expend not less than 


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1 $1,000,000 and not more than $2,000,000 to carry out the 

2 study required under subsection (a). 

3 SEC. 9502. GAO STUDY ON CHANGES IN FREIGHT RAILROAD 

4 OPERATING AND SCHEDULING PRACTICES. 

5 (a) STUDY.—The Comptroller General of the United 

6 States shall study the impact on freight rail shippers, Am7 trak, commuter railroads, railroad employees, and other af8 fected parties of changes in freight railroad operating and 

9 scheduling practices as a result of the implementation of 

10 the precision scheduled railroading model. 

11 (b) CONTENTS.—At minimum, the study shall exam12 ine— 

13 (1) the impacts of the operation of longer trains; 

14 (2) safety impacts of reduction in workforce, in15 cluding occupational injury rates, impacts to inspec16 tion frequencies and repair quality, and changes in 

17 workforce demands; 

18 (3) the elimination or downsizing of yards, re19 pair facilities, and other operational facilities; 

20 (4) increases in demurrage or accessorial charges 

21 or other costs to shippers; 

22 (5) capital expenditures for rail infrastructure; 

23 and 

24 (6) the effect of changes to dispatching practices 

25 and locations of dispatching centers on— 


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1 (A) the on-time performance of passenger 

2 trains, and 

3 (B) the quality and reliability of service to 

4 freight shippers. 

5 (c) REPORT.—Not later than 1 year after the date of 

6 enactment of this Act, the Comptroller General shall submit 

7 to the Committee on Transportation and Infrastructure of 

8 the House of Representatives and the Committee on Com9 merce, Science, and Transportation of the Senate a report 

10 summarizing the study and the results of such study, in11 cluding recommendations for addressing any negative im12 pacts of precision scheduled railroading on freight shippers 

13 or passenger railroads. 

14 SEC. 9503. FRA SAFETY REPORTING. 

15 (a) IN GENERAL.—Section 20901 of title 49, United 

16 States Code, is amended by inserting ‘‘(including the train 

17 length, the number of crew members on board the train, and 

18 the duties of such crew members)’’ after ‘‘reported accident 

19 or incident’’. 

20 (b) REGULATIONS.—Not later than 180 days after the 

21 date of enactment of this Act, the Secretary of Transpor22 tation shall issue such regulations as are necessary to carry 

23 out the amendment made by subsection (a). 


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1 SEC. 9504. WAIVER NOTICE REQUIREMENTS. 

2 Section 20103(d) of title 49, United States Code, is 

3 amended to read as follows: 

4 ‘‘(d) NONEMERGENCY WAIVERS.— 

5 ‘‘(1) IN GENERAL.—The Secretary may waive 

6 compliance with any part of a regulation prescribed 

7 or order issued under this chapter if the waiver is in 

8 the public interest and consistent with railroad safety. 

9 ‘‘(2) NOTICE REQUIRED.—The Secretary shall— 

10 ‘‘(A) provide timely public notice of any re11 quest for a waiver under this subsection; 

12 ‘‘(B) make the application for such waiver 

13 and any related underlying data available to in14 terested parties; 

15 ‘‘(C) provide the public with notice and a 

16 reasonable opportunity to comment on a pro17 posed waiver under this subsection before making 

18 a final decision; and 

19 ‘‘(D) make public the reasons for granting 

20 a waiver under this subsection. 

21 ‘‘(3) INFORMATION PROTECTION.—Nothing in 

22 this subsection shall be construed to require the release 

23 of information protected by law from public disclo24 sure.’’. 


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1 SEC. 9505. NOTICE OF FRA COMPREHENSIVE SAFETY AS2 SESSMENTS. 

3 (a) INITIAL NOTICE.—Not later than 10 business days 

4 after the Federal Railroad Administration initiates a com5 prehensive safety assessment of an entity providing regu6 larly scheduled intercity or commuter rail passenger trans7 portation, the Federal Railroad Administration shall notify 

8 in electronic format the Committee on Transportation and 

9 Infrastructure of the House of Representatives and the Com10 mittee on Commerce, Science, and Transportation of the 

11 Senate, and each member of Congress representing a State 

12 in which the service that is the subject of the assessment 

13 being conducted is located, of the initiation of such assess14 ment. 

15 (b) FINDINGS.—Not later than 90 days after comple16 tion of a comprehensive safety assessment described in sub17 section (a), the Federal Railroad Administration shall 

18 transmit in electronic format to the Committee on Trans19 portation and Infrastructure of the House of Representa20 tives and the Committee on Commerce, Science, and Trans21 portation of the Senate, and to each member of Congress 

22 representing a State in which the service that is the subject 

23 of the assessment being conducted is located, the findings 

24 of such assessment, including identified defects and any rec25 ommendations. 


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1 (c) DEFINITION OF COMPREHENSIVE SAFETY ASSESS2 MENT.—In this section, the term ‘‘comprehensive safety as3 sessment’’ means a focused review of the safety-related proc4 esses and procedures, compliance with safety regulations 

5 and requirements, and overall safety culture of an entity 

6 providing regularly scheduled intercity or commuter rail 

7 passenger transportation. 

8 SEC. 9506. FRA ACCIDENT AND INCIDENT INVESTIGATIONS. 

9 Section 20902 of title 49, United States Code, is 

10 amended— 

11 (1) in subsection (b) by striking ‘‘subpena’’ and 

12 inserting ‘‘subpoena’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(d) GATHERING INFORMATION AND TECHNICAL EX15 PERTISE.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall create a 

17 standard process for investigators to use during acci18 dent and incident investigations conducted under this 

19 section for determining when it is appropriate to, and 

20 how to— 

21 ‘‘(A) gather information about an accident 

22 or incident under investigation from railroad 

23 carriers, contractors or employees of railroad 

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1 road carriers, and others, as determined relevant 

2 by the Secretary; and 

3 ‘‘(B) consult with railroad carriers, contrac4 tors or employees of railroad carriers or rep5 resentatives of employees of railroad carriers, 

6 and others, as determined relevant by the Sec7 retary, for technical expertise on the facts of the 

8 accident or incident under investigation. 

9 ‘‘(2) CONFIDENTIALITY.—In developing the proc10 ess under paragraph (1), the Secretary shall factor in 

11 ways to maintain the confidentiality of any entity 

12 identified under paragraph (1) if— 

13 ‘‘(A) such entity requests confidentiality; 

14 ‘‘(B) such entity was not involved in the ac15 cident or incident; and 

16 ‘‘(C) maintaining such entity’s confiden17 tiality does not adversely affect an investigation 

18 of the Federal Railroad Administration. 

19 ‘‘(3) APPLICATION OF LAW.—This subsection 

20 shall not apply to any investigation carried out by 

21 the National Transportation Safety Board.’’. 

22 SEC. 9507. RAIL SAFETY IMPROVEMENTS. 

23 (a) FEDERAL RAILROAD ADMINISTRATION REQUIRE24 MENTS.—Not later than 18 months after the date of enactVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 01016 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 ment of this Act, the Secretary of Transportation shall 

2 carry out the following: 

3 (1) Complete a study on how signage can be used 

4 to improve safety in the rail industry that includes— 

5 (A) a review of how signs used for other 

6 modes of transportation may be effectively used 

7 in the rail industry; 

8 (B) a review of how signs used in the rail9 road industry differ; and 

10 (C) an analysis of whether a uniform sys11 tem for speed signs across the United States rail 

12 system would benefit the railroad industry and 

13 improve safety. 

14 (2) Reevaluate seat securement mechanisms and 

15 the susceptibility of such mechanisms to inadvertent 

16 rotation, and identify a means to prevent the failure 

17 of such mechanisms to maintain seat securement. 

18 (3) Conduct research to evaluate the causes of 

19 passenger injuries in passenger railcar derailments 

20 and overturns and evaluate potential methods for 

21 mitigating such injuries. 

22 (4) Based on the research conducted under para23 graph (3), develop occupant protection standards for 

24 passenger railcars that will mitigate passenger inju25 ries likely to occur during derailments and overturns. 


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1 (5) Develop policies for the safe use of child seats 

2 to prevent uncontrolled or unexpected movements in 

3 intercity passenger trains from disrupting the secure 

4 position of such seats. 

5 (b) REQUIREMENTS FOR AMTRAK.—Not later than 18 

6 months after the date of enactment of this Act, Amtrak 

7 shall— 

8 (1) ensure operating crewmembers demonstrate 

9 proficiency, under daylight and nighttime conditions, 

10 on the physical characteristics of a territory by using 

11 all resources available, including in-cab instruments, 

12 observation rides, throttle time, signage, signals, and 

13 landmarks; 

14 (2) ensure the proficiency required under para15 graph (1) is demonstrated on written examinations; 

16 (3) revise classroom and road training programs 

17 to ensure that operating crews fully understand all lo18 comotive operating characteristics, alarms, and the 

19 appropriate response to abnormal conditions; 

20 (4) when possible, require that all engineers un21 dergo simulator training— 

22 (A) before operating new or unfamiliar 

23 equipment (at a minimum, experience and re24 spond properly to all alarms); and 


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1 (B) to experience normal and abnormal 

2 conditions on new territory before operating in 

3 revenue service on such new territory; 

4 (5) ensure that simulator training specified in 

5 paragraph (4) supplements the hours engineers spend 

6 training on new equipment before becoming certified 

7 on such equipment and performing runs on new terri8 tory before becoming qualified on such territory; 

9 (6) implement a formal, systematic approach to 

10 developing training and qualification programs to 

11 identify the most effective strategies for preparing 

12 crewmembers to safely operate new equipment on new 

13 territories; 

14 (7) work in consultation with host railroad car15 riers and States that own infrastructure over which 

16 Amtrak operates to complete a comprehensive assess17 ment of the territories to ensure that necessary way18 side signs and plaques are identified, highly notice19 able, and strategically located to provide operating 

20 crews the information needed to safely operate trains; 

21 (8) update the safety review process to ensure 

22 that all operating documents are up to date and accu23 rate before initiating new or revised revenue oper24 ations; 


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1 (9) incorporate all prerevenue service planning, 

2 construction, and route verification work into the 

3 scope of a corporate-wide system safety plan, includ4 ing through rules and policies, risk assessment anal5 yses, safety assurances, and safety promotions; and 

6 (10) conduct risk assessments on all new or up7 graded services that occur on Amtrak-owned territory, 

8 host railroads, or in States that own infrastructure 

9 over which Amtrak operates. 

10 (c) REPORT.—Not later than 18 months after the date 

11 of enactment of this Act, the Secretary and Amtrak shall 

12 submit to the Committee on Transportation and Infrastruc13 ture of the House of Representatives and the Committee on 

14 Commerce, Science, and Transportation of the Senate a re15 port on their progress on meeting the requirements under 

16 subsections (a) and (b), respectively, including a descrip17 tion of all completed elements of the requirements. 

18 SEC. 9508. ANNUAL REVIEW OF SPEED LIMIT ACTION 

19 PLANS. 

20 Section 11406 of the FAST Act (Public Law 114–94) 

21 is amended— 

22 (1) in subsection (c) by inserting ‘‘or subsection 

23 (d)(2)’’ after ‘‘subsection (b)’’; 

24 (2) by redesignating subsections (d) through (f) 

25 as subsections (e) through (g), respectively; 


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1 (3) by inserting after subsection (c) the fol2 lowing: 

3 ‘‘(d) PERIODIC REVIEWS AND UPDATES.—Each rail4 road carrier that files an action plan under subsection (b) 

5 shall— 

6 ‘‘(1) not later than 1 year after the date of enact7 ment of the TRAIN Act, and annually thereafter, re8 view such plan to ensure the effectiveness of actions 

9 taken to enable warning and enforcement of the max10 imum authorized speed for passenger trains at each 

11 location identified under subsection (b)(1); and 

12 ‘‘(2) not later than 90 days prior to imple13 menting any operational or territorial operating 

14 change, including initiating a new service or route, 

15 submit to the Secretary a revised action plan that ad16 dresses such operational or territorial operating 

17 change.’’; and 

18 (4) by adding at the end the following: 

19 ‘‘(h) PROHIBITION.—No new intercity rail passenger 

20 transportation or commuter rail passenger service may 

21 begin operation unless the railroad carrier providing such 

22 service is in compliance with this section.’’. 


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1 SEC. 9509. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 

2 (a) IN GENERAL.—Subchapter II of chapter 201 of 

3 title 49, United States Code, is amended by adding at the 

4 end the following: 

5 ‘‘§ 20169. Freight train crew size safety standards 

6 ‘‘(a) MINIMUM CREW SIZE.—No freight train may be 

7 operated unless such train has a crew of at least 1 appro8 priately qualified and certified conductor and 1 appro9 priately qualified and certified engineer. 

10 ‘‘(b) EXCEPTIONS.—Except as provided in subsection 

11 (d), the prohibition in subsection (a) shall not apply in any 

12 of the following circumstances: 

13 ‘‘(1) Train operations within a rail yard or ter14 minal area or on auxiliary or industry tracks. 

15 ‘‘(2) A train operated— 

16 ‘‘(A) by a railroad carrier that has fewer 

17 than 400,000 total employee work hours annu18 ally and less than $40,000,000 annual revenue 

19 (adjusted for inflation as measured by the Sur20 face Transportation Board Railroad Inflation21 Adjusted Index); 

22 ‘‘(B) at a speed of not more than 25 miles 

23 per hour; and 

24 ‘‘(C) on a track with an average track grade 

25 of less than 2 percent for any segment of track 

26 that is at least 2 continuous miles. 


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1 ‘‘(3) Locomotives performing assistance to a 

2 train that has incurred mechanical failure or lacks 

3 the power to traverse difficult terrain, including trav4 eling to or from the location where assistance is pro5 vided. 

6 ‘‘(4) Locomotives that— 

7 ‘‘(A) are not attached to any equipment or 

8 attached only to a caboose; and 

9 ‘‘(B) do not travel farther than 30 miles 

10 from a rail yard. 

11 ‘‘(5) Train operations staffed with fewer than a 

12 2-person crew at least 1 year prior to the date of en13 actment of this section, if the Secretary determines 

14 that the operation achieves an equivalent level of safe15 ty. 

16 ‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The excep17 tions under subsection (b) may not be applied to— 

18 ‘‘(1) a train transporting 1 or more loaded cars 

19 carrying material toxic by inhalation, as defined in 

20 section 171.8 of title 49, Code of Federal Regulations; 

21 ‘‘(2) a train carrying 20 or more loaded tank 

22 cars of a Class 2 material or a Class 3 flammable liq23 uid in a continuous block or a single train carrying 

24 35 or more loaded tank cars of a Class 2 material or 


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1 a Class 3 flammable liquid throughout the train con2 sist; and 

3 ‘‘(3) a train with a total length of 7,500 feet or 

4 greater. 

5 ‘‘(d) WAIVER.—A railroad carrier may seek a waiver 

6 of the requirements of this section pursuant to section 

7 20103(d).’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for sub9 chapter II of chapter 201 of title 49, United States Code, 

10 is amended by adding at the end the following: 

‘‘20169. Freight train crew size safety standards.’’. 

11 SEC. 9510. SAFE CROSS BORDER OPERATIONS. 

12 (a) IN GENERAL.—Section 416 title IV of division A 

13 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 

14 20107 note) is amended— 

15 (1) by striking ‘‘Mechanical and brake’’ and in16 serting ‘‘(a) IN GENERAL.—Mechanical and brake’’; 

17 and 

18 (2) by adding at the end the following: 

19 ‘‘(b) WAIVER.—The Secretary may not grant any 

20 waiver or waiver modification that provides for the ability 

21 to perform mechanical or brake inspections of rail cars in 

22 Mexico in lieu of complying with the certification require23 ments of this section.’’. 

24 (b) SAFETY STANDARDS FOR CERTAIN RAIL CREWS.— 


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1 (1) IN GENERAL.—Title IV of division A of the 

2 Rail Safety Improvement Act of 2008 (Public Law 

3 110–432) is amended by adding at the end the fol4 lowing: 

5 ‘‘SEC. 421. SAFETY STANDARDS FOR CERTAIN RAIL CREWS. 

6 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

7 may not permit covered rail employees to enter the United 

8 States to perform train or dispatching service unless the 

9 Secretary certifies that— 

10 ‘‘(1) Mexico has adopted and is enforcing safety 

11 standards for covered rail employees that are equiva12 lent to, or greater than, those applicable to railroad 

13 employees whose primary reporting point is in the 

14 United States, including qualification and certifi15 cation requirements under parts 240 and 242 of title 

16 49, Code of Federal Regulations; 

17 ‘‘(2) covered rail employees are subject to the al18 cohol and drug testing requirements in part 219 of 

19 title 49, Code of Federal Regulations, including the 

20 requirements of subparts F, G, and H of such part, 

21 to the same extent as such requirements apply to rail22 road employees whose primary reporting point is in 

23 the United States and who are subject to such part; 

24 ‘‘(3) covered rail employees are subject to hours 

25 of service requirements under section 21103 of title 


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1 49, United States Code, at all times any such em2 ployee is on duty, regardless of location; 

3 ‘‘(4) covered rail employees are subject to the 

4 motor vehicle driving record evaluation requirements 

5 in section 240.115 of title 49, Code of Federal Regula6 tions, to the same extent as such requirements apply 

7 to railroad employees whose primary reporting point 

8 is in the United States and are subject to such sec9 tion, and that such evaluation includes driving 

10 records from the same country as the employee’s pri11 mary reporting point; and 

12 ‘‘(5) the Federal Railroad Administration is per13 mitted to perform onsite inspections of rail facilities 

14 in Mexico to ensure compliance with paragraphs (1) 

15 and (2). 

16 ‘‘(b) NOTICE REQUIRED.— 

17 ‘‘(1) IN GENERAL.—Not later than 5 days after 

18 the date on which the Secretary certifies each of the 

19 requirements under paragraphs (1) through (5) of 

20 subsection (a), the Secretary shall publish in the Fed21 eral Register— 

22 ‘‘(A) notice of each such certification; and 

23 ‘‘(B) documentation supporting each such 

24 certification. 


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1 ‘‘(2) PUBLIC COMMENT.—To ensure compliance 

2 with the requirements of this section and any other 

3 applicable safety requirements, the Secretary shall— 

4 ‘‘(A) allow for public comment on the notice 

5 required under paragraph (1); and 

6 ‘‘(B) hold a public hearing on such notice. 

7 ‘‘(3) CONGRESSIONAL NOTICE.—On the date on 

8 which each publication required under paragraph (1) 

9 is published in the Federal Register, the Secretary 

10 shall notify the Committee on Transportation and In11 frastructure of the House of Representatives and the 

12 Committee on Commerce, Science, and Transpor13 tation of the Senate of such publication. 

14 ‘‘(c) DRUG AND ALCOHOL TESTING.— 

15 ‘‘(1) NONAPPLICATION OF EXEMPTION.—For pur16 poses of compliance with subsection (a)(2), the exemp17 tion contained in part 219.3(d)(2) of title 49, Code of 

18 Federal Regulations, shall not apply. 

19 ‘‘(2) AUDIT BY OFFICE OF DRUG AND ALCOHOL

20 COMPLIANCE.—To ensure compliance with the drug 

21 and alcohol testing programs described in subsection 

22 (a)(2), the Office of Drug and Alcohol Compliance in 

23 the Department of Transportation shall conduct an 

24 annual audit of such programs and recommend en25 forcement actions as needed. 


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1 ‘‘(d) DEFINITION OF COVERED RAIL EMPLOYEE.—In 

2 this section, the term ‘covered rail employee’ means a rail3 road employee whose primary reporting point is in Mex4 ico.’’. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents in section 1(b) of the Rail Safety Improvement 

7 Act of 2008 (Public Law 110–432), is amended by in8 serting after the item relating to section 420 the fol9 lowing: 

‘‘Sec. 421. Safety standards for certain rail crews.’’. 

10 SEC. 9511. YARDMASTERS HOURS OF SERVICE. 

11 (a) LIMITATIONS ON DUTY HOURS OF YARDMASTER

12 EMPLOYEES.—Section 21103 of title 49, United States 

13 Code, is amended— 

14 (1) in the section heading by inserting ‘‘AND

15 YARDMASTER EMPLOYEES’’ after ‘‘TRAIN EM16 PLOYEES’’; 

17 (2) by inserting ‘‘or yardmaster employee’’ after 

18 ‘‘train employee’’ each place it appears; and 

19 (3) in subsection (e) by inserting ‘‘or yardmaster 

20 employee’s’’ after ‘‘During a train employee’s’’. 

21 (b) DEFINITIONS.—Section 21101 of title 49, United 

22 States Code, is amended— 

23 (1) in paragraph (3) by inserting ‘‘a yardmaster 

24 employee,’’ after ‘‘dispatching service employee,’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(6) ‘yardmaster employee’ means an indi2 vidual responsible for supervising and coordi3 nating the control of trains and engines oper4 ating within a rail yard.’’. 

5 (c) CONFORMING AMENDMENT.—The analysis for 

6 chapter 211 of title 49, United States Code, is amended by 

7 striking the item relating to section 21103 and inserting 

8 the following: 

‘‘21103. Limitations on duty hours of train employees and yardmaster employees.’’. 

9 SEC. 9512. LEAKING BRAKES. 

10 (a) IN GENERAL.—The Administrator of the Federal 

11 Railroad Administration shall take such actions as are nec12 essary to ensure that no DB–60 air brake control valve 

13 manufactured before January 1, 2006, is equipped on a rail 

14 car operating on— 

15 (1) a unit train north of the 37th parallel on or 

16 after August 1, 2022; or 

17 (2) a non-unit train north of the 37th parallel 

18 on or after August 1, 2024. 

19 (b) REPORTS.—Not later than 1 year after the date 

20 of enactment of this Act, and every year thereafter until 

21 brake valves described in subsection (a) are no longer oper22 ating on rail cars as required under subsection (a), the Ad23 ministrator shall transmit to the Committee on Transpor24 tation and Infrastructure of the House of Representatives 


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1 and the Committee on Commerce, Science, and Transpor2 tation of the Senate a report that identifies— 

3 (1) the estimated number of such brake valves on 

4 rail cars operating on— 

5 (A) unit trains north of the 37th parallel; 

6 and 

7 (B) non-unit trains north of the 37th par8 allel; 

9 (2) any issues affecting the industry’s progress 

10 toward ensuring that such brake valves are phased 

11 out in accordance with the requirements of subsection 

12 (a); and 

13 (3) efforts the Administrator has taken since the 

14 previous report to ensure such brake valves are phased 

15 out in accordance with the requirements of subsection 

16 (a). 

17 (c) ADDITIONAL VALVES.—If the Administrator deter18 mines that air brake control valves not covered under sub19 section (a) demonstrate leakage in low temperatures similar 

20 to the leakage exhibited by the air brake control valve iden21 tified in subsection (a), the Administrator shall ensure that 

22 the air brake control valves determined to be demonstrating 

23 leakage under this subsection are phased out in accordance 

24 with the requirements of subsection (a). 


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1 SEC. 9513. ANNUAL REPORT ON PTC SYSTEM FAILURES. 

2 Section 20157 of title 49, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(m) ANNUAL REPORT OF SYSTEM FAILURES.—Not 

5 later than April 16 of each calendar year following the date 

6 of an implementation deadline under subsection (a)(1), 

7 each railroad shall submit to the Secretary a report con8 taining the number of positive train control system failures, 

9 separated by each major hardware category, that occurred 

10 during the previous calendar year.’’. 

11 SEC. 9514. FATIGUE REDUCTION PILOT PROJECTS. 

12 (a) SENSE OF CONGRESS.—It is the sense of Congress 

13 that— 

14 (1) maintaining the highest level of safety across 

15 the nation’s railroad network is of critical impor16 tance; 

17 (2) ensuring the safety of rail transportation re18 quires the full attention of all workers engaged in 

19 safety-critical functions; 

20 (3) fatigue degrades an individual’s ability to 

21 stay awake, alert, and attentive to the demands of 

22 safe job performance; 

23 (4) the cognitive impairments to railroad work24 ers that result from fatigue can cause dangerous situ25 ations that put workers and communities at risk; 


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1 (5) the Rail Safety Improvement Act of 2008 

2 mandated that the Federal Railroad Administration 

3 conduct two pilot projects to analyze specific practices 

4 that may be used to reduce fatigue in employees and 

5 as of the date of enactment of this Act, neither pilot 

6 project has commenced; and 

7 (6) the Federal Railroad Administration should 

8 coordinate with the industry and the workforce to 

9 commence and complete the fatigue pilot projects 

10 mandated in 2008. 

11 (b) PILOT PROJECTS.—Section 21109(e) of title 49, 

12 United States Code, is amended— 

13 (1) by striking ‘‘Not later than 2 years after the 

14 date of enactment of the Rail Safety Improvement Act 

15 of 2008’’ and inserting ‘‘Not later than 1 year after 

16 the date of enactment of the TRAIN Act’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(3) COORDINATION.—The pilot projects required 

19 under subparagraph (1) shall be developed and evalu20 ated in coordination with the labor organization rep21 resenting the class or craft of employees impacted by 

22 the pilot projects.’’. 

23 (c) REIMBURSEMENT.—The Secretary of Transpor24 tation may reimburse railroads participating in the pilot 

25 projects under 21109(e) of title 49, United States Code, a 


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1 share of the costs associated with the pilot projects, as deter2 mined by the Secretary. 

3 (d) REPORT.— 

4 (1) IN GENERAL.—If the pilot projects required 

5 under section 21109(e) of title 49, United States Code, 

6 have not commenced on the date that is 1 year after 

7 the date of enactment of this Act, the Secretary shall, 

8 not later than 1 year and 30 days after the date of 

9 enactment of this Act, transmit to the Committee on 

10 Transportation and Infrastructure of the House of 

11 Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate a report 

13 describing— 

14 (A) the status of the pilot projects; 

15 (B) actions the Federal Railroad Adminis16 tration has taken to commence the pilot projects, 

17 including efforts to recruit participant railroads; 

18 (C) any challenges impacting the com19 mencement of the pilot projects; and 

20 (D) any other details associated with the de21 velopment of the pilot projects that affect the 

22 progress toward meeting the mandate of such sec23 tion. 


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1 SEC. 9515. ASSAULT PREVENTION AND RESPONSE PLANS. 

2 (a) AMENDMENT.—Subchapter II of chapter 201 of 

3 title 49, United States Code, as amended by this division, 

4 is further amended by adding at the end the following: 

5 ‘‘§ 20170. Assault prevention and response plans 

6 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

7 date of enactment of the TRAIN Act, any entity that pro8 vides regularly scheduled intercity or commuter rail pas9 senger transportation shall submit to the Secretary of 

10 Transportation for review and approval an assault preven11 tion and response plan (in this section referred to as the 

12 ‘Plan’) to address transportation assaults. 

13 ‘‘(b) CONTENTS OF PLAN.—The Plan required under 

14 subsection (a) shall include— 

15 ‘‘(1) procedures that— 

16 ‘‘(A) facilitate the reporting of a transpor17 tation assault, including the notification of on18 site personnel, rail law enforcement, and local 

19 law enforcement; 

20 ‘‘(B) personnel should follow up on the re21 porting of a transportation assault, including 

22 actions to protect affected individuals from con23 tinued assault; 

24 ‘‘(C) may be taken to remove the passenger 

25 or personnel who has committed a transportation 


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1 assault from the train or related area or facility 

2 as soon as practicable when appropriate; 

3 ‘‘(D) include protections and safe reporting 

4 practices for passengers who may have been as5 saulted by personnel; and 

6 ‘‘(E) may limit or prohibit, to the extent 

7 practicable, future travel with the entity de8 scribed in subsection (a) by any passenger or 

9 personnel who commits a transportation assault 

10 against personnel or passengers; 

11 ‘‘(2) a policy that ensures an employee who is a 

12 victim or witness of a transportation assault may 

13 participate in the prosecution of a criminal offense of 

14 such assault without any adverse effect on the victim’s 

15 or witnesses’ employment status; and 

16 ‘‘(3) a process and timeline for conducting an 

17 annual review and update of the Plan. 

18 ‘‘(c) NOTICE TO PASSENGERS.—An entity described 

19 under subsection (a) shall display onboard trains and in 

20 boarding areas, as appropriate, a notice stating the entity’s 

21 abilities to restrict future travel under subsection (b)(1)(E). 

22 ‘‘(d) PERSONNEL TRAINING.—An entity described 

23 under subsection (a) shall provide initial and annual train24 ing for all personnel on the contents of the Plan, including 

25 training regarding— 


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1 ‘‘(1) the procedures described in subsection (b); 

2 ‘‘(2) methods for responding to hostile situations, 

3 including de-escalation training; and 

4 ‘‘(3) rights and responsibilities of personnel with 

5 respect to a transportation assault on themselves, 

6 other personnel, or passengers. 

7 ‘‘(e) PERSONNEL PARTICIPATION.—The Plan required 

8 under subsection (a) shall be developed and implemented 

9 with the direct participation of personnel, and, as applica10 ble, labor organizations representing personnel. 

11 ‘‘(f) REPORTING.— 

12 ‘‘(1) INCIDENT NOTIFICATION.— 

13 ‘‘(A) IN GENERAL.—Not later than 10 days 

14 after a transportation assault incident, the ap15 plicable entity described in subsection (a) shall 

16 notify personnel employed at the location in 

17 which the incident occurred. In the case of an in18 cident on a vehicle, such entity shall notify per19 sonnel regularly scheduled to carry out employ20 ment activities on the service route on which the 

21 incident occurred. 

22 ‘‘(B) CONTENT OF INCIDENT REPORT.—The 

23 notification required under paragraph (1) 

24 shall— 


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1 ‘‘(i) include a summary of the inci2 dent; and 

3 ‘‘(ii) be written in a manner that pro4 tects the confidentiality of individuals in5 volved in the incident. 

6 ‘‘(2) ANNUAL REPORT.—For each calendar year, 

7 each entity with respect to which a transportation as8 sault incident has been reported during such year 

9 shall submit to the Secretary report that describes— 

10 ‘‘(A) the number of assault incidents re11 ported to the entity, including— 

12 ‘‘(i) the number of incidents committed 

13 against passengers; and 

14 ‘‘(ii) the number of incidents com15 mitted against personnel; and 

16 ‘‘(B) the number of assault incidents re17 ported to rail or local law enforcement by per18 sonnel of the entity. 

19 ‘‘(3) PUBLICATION.—The Secretary shall make 

20 available to the public on the primary website of the 

21 Federal Railroad Administration the data collected 

22 under paragraph (2). 

23 ‘‘(4) DATA PROTECTION.—Data made available 

24 under this subsection shall be made available in a 


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1 manner that protects the confidentiality of individ2 uals involved in transportation assault incidents. 

3 ‘‘(g) DEFINITION OF TRANSPORTATION ASSAULT.—In 

4 this section, the term ‘transportation assault’ means the oc5 currence, or reasonably suspected occurrence, of an act 

6 that— 

7 ‘‘(1) constitutes assault; 

8 ‘‘(2) is committed by a passenger or member of 

9 personnel of an entity that provides regularly sched10 uled intercity or commuter rail passenger transpor11 tation against another passenger or member of per12 sonnel of such entity; and 

13 ‘‘(3) takes place— 

14 ‘‘(A) within a vehicle of such entity; or 

15 ‘‘(B) in an area in which passengers are en16 tering or exiting a vehicle described in subpara17 graph (A); or 

18 ‘‘(C) a station or facility where such entity 

19 operates, regardless of ownership of the station or 

20 facility.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis for sub22 chapter II of chapter 201 of title 49, United States Code, 

23 as amended by this division, is further amended by adding 

24 at the end the following: 

‘‘20170. Assault prevention and response plans.’’. 


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1 SEC. 9516. CRITICAL INCIDENT STRESS PLANS. 

2 The Secretary of Transportation shall issue such regu3 lations as are necessary to amend part 272 of title 49, Code 

4 of Federal Regulations, to ensure that— 

5 (1) the coverage of a critical incident stress plan 

6 under section 272.7 of such part includes employees 

7 of commuter railroads and intercity passenger rail8 roads, as such terms are defined in section 272.9 of 

9 such part, who directly interact with passengers; and 

10 (2) assault and the witnessing of an assault 

11 against an employee or train passenger is included in 

12 the definition of critical incident under section 272.9 

13 of such part. 

14 SEC. 9517. STUDY ON SAFETY CULTURE ASSESSMENTS. 

15 (a) IN GENERAL.—The Administrator of the Federal 

16 Railroad Administration shall conduct a study on the feasi17 bility of expanding railroad safety culture assessments and 

18 training to include assessments and training for workers 

19 employed by tourist railroads, passenger railroads, and 

20 commuter railroads. 

21 (b) CONTENTS OF STUDY.—The study required under 

22 subsection (a) shall include— 

23 (1) an analysis on the need for the expansion; 

24 (2) the resources required to carry out the addi25 tional assessments and training; and 


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1 (3) other potential safety challenges the initiative 

2 could address. 

3 (c) REPORT.—The Federal Railroad Administration 

4 shall submit to the Committee on Transportation and In5 frastructure of the House of Representatives and the Com6 mittee on Commerce, Science, and Transportation of the 

7 Senate a report on the results of the study conducted under 

8 subsection (a). 

9 Subtitle B—Grade Crossing Safety 

10 SEC. 9551. GRADE CROSSING SEPARATION GRANTS. 

11 (a) IN GENERAL.—Subchapter II of chapter 201 of 

12 title 49, United States Code, as amended by this division, 

13 is further amended by adding at the end the following: 

14 ‘‘§ 20171. Grade crossing separation grants 

15 ‘‘(a) GENERAL AUTHORITY.—The Secretary of Trans16 portation shall make grants under this section to eligible 

17 entities to assist in financing the cost of highway-rail grade 

18 separation projects. 

19 ‘‘(b) APPLICATION REQUIREMENTS.—To be eligible for 

20 a grant under this section, an eligible entity shall submit 

21 to the Secretary an application in such form, in such man22 ner, and containing such information as the Secretary may 

23 require, including— 

24 ‘‘(1) an agreement between the entity that owns 

25 or controls the right-of-way and the applicant adVerDate Sep 11 2014 04:01 Jun 27, 2020 Jkt 099200 PO 00000 Frm 01040 Fmt 6652 Sfmt 6203 E:\BILLS\H2.RH H2

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1 dressing access to right-of-way throughout the project; 

2 and 

3 ‘‘(2) a cost-sharing agreement with the funding 

4 amounts that the entity that owns or controls the 

5 right-of-way shall contribute to the project, which 

6 shall be not less than 10 percent of the total project 

7 cost. 

8 ‘‘(c) ELIGIBLE PROJECTS.—The following projects are 

9 eligible to receive a grant under this section: 

10 ‘‘(1) Installation, repair, or improvement of 

11 grade crossing separations. 

12 ‘‘(2) Grade crossing elimination incidental to el13 igible grade crossing separation projects. 

14 ‘‘(3) Project planning, development, and environ15 mental work related to a project described in para16 graph (1) or (2). 

17 ‘‘(d) PROJECT SELECTION CRITERIA.— 

18 ‘‘(1) LARGE PROJECTS.—Of amounts made 

19 available to carry out this section, not more than 50 

20 percent shall be available for projects with total costs 

21 of $100,000,000 or greater. 

22 ‘‘(2) CONSIDERATIONS.—In awarding grants 

23 under this section, the Secretary— 


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1 ‘‘(A) shall give priority to projects that 

2 maximize the safety benefits of Federal funding; 

3 and 

4 ‘‘(B) may evaluate applications on the safe5 ty profile of the existing crossing, 10-year history 

6 of accidents at such crossing, inclusion of the 

7 proposed project on a grade crossing safety ac8 tion plan, average automobile traffic, freight and 

9 passenger train traffic, average daily number of 

10 crossing closures, and proximity of community 

11 resources, including schools, hospitals, fire sta12 tions, police stations, and emergency medical 

13 service facilities. 

14 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

15 ‘‘(1) TOTAL PROJECT COSTS.—The Secretary 

16 shall estimate the total costs of a project under this 

17 section based on the best available information, in18 cluding any available engineering studies, studies of 

19 economic feasibility, environmental analysis, and in20 formation on the expected use of equipment or facili21 ties. 

22 ‘‘(2) FEDERAL SHARE.—The Federal share for a 

23 project carried out under this section shall not exceed 

24 85 percent. 


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1 ‘‘(f) GRANT CONDITIONS.—An eligible entity may not 

2 receive a grant for a project under this section unless such 

3 project is in compliance with section 22905, except that 

4 22905(b) shall only apply to a person that conducts rail 

5 operations. 

6 ‘‘(g) TWO YEAR LETTERS OF INTENT.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall, to the 

8 maximum extent practicable, issue a letter of intent 

9 to a recipient of a grant under subsection (d)(1) 

10 that— 

11 ‘‘(A) announces an intention to obligate for 

12 no more than 2 years, for a major capital project 

13 under subsection (d)(1), an amount that is not 

14 more than the amount stipulated as the financial 

15 participation of the Secretary for the project; 

16 and 

17 ‘‘(B) states that the contingent commit18 ment— 

19 ‘‘(i) is not an obligation of the Federal 

20 Government; and 

21 ‘‘(ii) is subject to the availability of 

22 appropriations for grants under this section 

23 and subject to Federal laws in force or en24 acted after the date of the contingent com25 mitment. 


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1 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

2 ‘‘(A) IN GENERAL.—Not later than 3 days 

3 before issuing a letter of intent under paragraph 

4 (1), the Secretary shall submit written notifica5 tion to— 

6 ‘‘(i) the Committee on Transportation 

7 and Infrastructure of the House of Rep8 resentatives; 

9 ‘‘(ii) the Committee on Appropriations 

10 of the House of Representatives; 

11 ‘‘(iii) the Committee on Appropria12 tions of the Senate; and 

13 ‘‘(iv) the Committee on Commerce, 

14 Science, and Transportation of the Senate. 

15 ‘‘(B) CONTENTS.—The notification sub16 mitted under subparagraph (A) shall include— 

17 ‘‘(i) a copy of the letter of intent; 

18 ‘‘(ii) the criteria used under subsection 

19 (b) for selecting the project for a grant; and 

20 ‘‘(iii) a description of how the project 

21 meets such criteria. 

22 ‘‘(h) APPROPRIATIONS REQUIRED.—An obligation or 

23 administrative commitment may be made under subsection 

24 (g) only after amounts are appropriated for such purpose. 

25 ‘‘(i) DEFINITIONS.—In this section: 


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1 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti2 ty’ means— 

3 ‘‘(A) a State; 

4 ‘‘(B) a public agency or publicly chartered 

5 authority; 

6 ‘‘(C) a metropolitan planning organization; 

7 ‘‘(D) a political subdivision of a State; and 

8 ‘‘(E) a Tribal government. 

9 ‘‘(2) METROPOLITAN PLANNING ORGANIZA10 TION.—The term ‘metropolitan planning organiza11 tion’ has the meaning given such term in section 

12 134(b) of title 23. 

13 ‘‘(3) STATE.—The term ‘State’ means a State of 

14 the United States or the District of Columbia.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for sub16 chapter II of chapter 201 of title 49, United States Code, 

17 as amended by this division, is further amended by adding 

18 at the end the following: 

‘‘20171. Grade crossing separation grants.’’. 

19 SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANTS. 

20 (a) IN GENERAL.—Subchapter II of chapter 201 of 

21 title 49, United States Code, as amended by this division, 

22 is further amended by adding at the end the following: 

23 ‘‘§ 20172. Rail safety public awareness grants 

24 ‘‘(a) GRANT.—The Administrator of the Federal Rail25 road Administration shall make grants to eligible entities 


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1 to carry out public information and education programs 

2 to help prevent and reduce rail-related pedestrian, motor 

3 vehicle, and other accidents, incidents, injuries, and fatali4 ties, and to improve awareness along railroad rights-of-way 

5 and at railway-highway grade crossings. 

6 ‘‘(b) APPLICATION.—To be eligible to receive a grant 

7 under this section, an eligible entity shall submit to the Ad8 ministrator an application in such form, in such manner, 

9 and containing such information as the Secretary may re10 quire. 

11 ‘‘(c) CONTENTS.—Programs eligible for a grant under 

12 this section— 

13 ‘‘(1) shall include, as appropriate— 

14 ‘‘(A) development, placement, and dissemi15 nation of public service announcements in ap16 propriate media; 

17 ‘‘(B) school presentations, driver safety edu18 cation, materials, and public awareness cam19 paigns; and 

20 ‘‘(C) disseminating information to the pub21 lic on how to identify and report to the appro22 priate authorities unsafe or malfunctioning high23 way-rail grade crossings; and 


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1 ‘‘(2) may include targeted and sustained out2 reach in communities at greatest risk to develop 

3 measures to reduce such risk. 

4 ‘‘(d) COORDINATION.—Eligible entities shall coordi5 nate program activities with local communities, law en6 forcement and emergency responders, and rail carriers, as 

7 appropriate, and ensure consistency with State highway8 rail grade crossing action plans required under section 

9 11401(b) of the FAST Act (49 U.S.C. 22501 note) and the 

10 report titled ‘National Strategy to Prevent Trespassing on 

11 Railroad Property’ issued by the Federal Railroad Admin12 istration in October 2018. 

13 ‘‘(e) PRIORITIZATION.—In awarding grants under this 

14 section, the Administrator shall give priority to applica15 tions for programs that— 

16 ‘‘(1) are nationally recognized; 

17 ‘‘(2) are targeted at schools in close proximity to 

18 railroad rights-of-way; 

19 ‘‘(3) partner with nearby railroad carriers; or 

20 ‘‘(4) focus on communities with a recorded his21 tory of repeated pedestrian and motor vehicle acci22 dents, incidents, injuries, and fatalities at highway23 rail grade crossings and along railroad rights-of-way. 

24 ‘‘(f) DEFINITIONS.—In this section: 


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1 ‘‘(1) ELIGIBLE ENTITY.—the term ‘eligible entity’ 

2 means— 

3 ‘‘(A) a nonprofit organization; 

4 ‘‘(B) a State; 

5 ‘‘(C) a political subdivision of a State; and 

6 ‘‘(D) a public law enforcement agency or 

7 emergency response organization. 

8 ‘‘(2) STATE.—The term ‘State’ means a State of 

9 the United States, the District of Columbia, and 

10 Puerto Rico.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for sub12 chapter II of chapter 201 of title 49, United States Code, 

13 as amended by this division, is further amended by adding 

14 at the end the following: 

‘‘20172. Rail safety public awareness grants.’’. 

15 SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR 

16 BLOCKING PUBLIC GRADE CROSSINGS. 

17 (a) IN GENERAL.—Subchapter II of chapter 201 of 

18 title 49, United States Code, as amended by this division, 

19 is further amended by adding at the end the following: 

20 ‘‘§ 20173. Time limit for blocking a rail crossing 

21 ‘‘(a) TIME LIMIT.—A train, locomotive, railroad car, 

22 or other rail equipment is prohibited from blocking a cross23 ing for more than 10 minutes, unless the train, locomotive, 

24 or other equipment is directly delayed by— 

25 ‘‘(1) a casualty or serious injury; 


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1 ‘‘(2) an accident; 

2 ‘‘(3) a track obstruction; 

3 ‘‘(4) an act of God; or 

4 ‘‘(5) a derailment or a major equipment failure 

5 that prevents the train from advancing. 

6 ‘‘(b) CIVIL PENALTY.—The Secretary of Transpor7 tation may issue civil penalties for violations of subsection 

8 (a) in accordance with section 21301. 

9 ‘‘(c) DELEGATION.—The Secretary may delegate en10 forcement actions under subsection (b) to States either 

11 through a State inspector certified by the Federal Railroad 

12 Administration, or other law enforcement officials as des13 ignated by the States and approved by the Administration. 

14 The Secretary shall issue guidance or regulations not later 

15 than 1 year after the date of enactment on the criteria and 

16 process for States to gain approval under this section. 

17 ‘‘(d) APPLICATION TO AMTRAK AND COMMUTER RAIL18 ROADS.—This section shall not apply to Amtrak or com19 muter authorities, including Amtrak and commuter au20 thorities’ operations run or dispatched by a Class I rail21 road. 

22 ‘‘(e) DEFINITIONS.—In this section: 

23 ‘‘(1) CROSSING.—The term ‘crossing’ means a lo24 cation within a State in which a public highway, 

25 road, or street, including associated sidewalks and 


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1 pathways, crosses 1 or more railroad tracks either at 

2 grade or grade-separated. 

3 ‘‘(2) BLOCKED CROSSING.—The term ‘blocked 

4 crossing’ means a circumstance in which a train, lo5 comotive, railroad car, or other rail equipment is 

6 stopped in a manner that obstructs public travel at 

7 a crossing.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for sub9 chapter II of chapter 201 of title 49, United States Code, 

10 is further amended by adding at the end the following new 

11 item: 

‘‘20173. Time limit for blocking a rail crossing.’’. 

12 SEC. 9554. NATIONAL STRATEGY TO ADDRESS BLOCKED 

13 CROSSINGS. 

14 (a) IN GENERAL.—Not later than 18 months after the 

15 date of enactment of this Act, the Secretary of Transpor16 tation shall submit to the Committee on Transportation 

17 and Infrastructure of the House of Representatives and the 

18 Committee on Commerce, Science, and Transportation of 

19 the Senate, and make publicly available on the website of 

20 the Department of Transportation, a report containing a 

21 national strategy to address blocked crossings. 

22 (b) PUBLIC LAW 116–94.—The strategy required 

23 under subsection (a) shall incorporate the recommendations 

24 and briefing described in the report accompanying the De25 partment of Transportation Appropriations Act, 2020 


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1 (Public Law 116–94) with respect to the amounts provided 

2 under the heading ‘‘Federal Railroad Administration— 

3 Safety and Operations’’. 

4 (c) REPORT CONTENTS.—The strategy required under 

5 subsection (a) shall include an analysis of the following top6 ics, including any specific legislative or regulatory rec7 ommendations: 

8 (1) How best to engage the public, representa9 tives of labor organizations representing railroad em10 ployees, law enforcement officers, highway traffic offi11 cials, or other employees of a public agency acting in 

12 an official capacity to identify and address blocked 

13 crossings. 

14 (2) How technology and positive train control 

15 system data can be used to identify and address in16 stances of blocked crossings. 

17 (3) How to identify and address instances of 

18 blocked crossings at crossings with passive or no 

19 warning devices. 

20 (4) How best to use the data collected under a 

21 webpage established by the Secretary for the public 

22 and law enforcement to report instances of blocked 

23 crossings, including whether such data should be 

24 verified by each rail carrier or incorporated into the 


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1 national crossing inventory established under section 

2 20160 of title 49, United States Code. 

3 (d) UPDATING STRATEGY.—The Secretary shall evalu4 ate the strategy developed under this section not less than 

5 every 5 years, and update it as needed. 

6 (e) DEFINITIONS.—In this section: 

7 (1) BLOCKED CROSSING.—The term ‘‘blocked 

8 crossing’’ means a circumstance in which a train, lo9 comotive, railroad car, or other rail equipment is 

10 stopped in a manner that obstructs public travel at 

11 a crossing. 

12 (2) POSITIVE TRAIN CONTROL SYSTEM.—The 

13 term ‘‘positive train control system’’ has the meaning 

14 given the term in section 20157(i) of title 49, United 

15 States Code. 

16 SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED 

17 CROSSING MATTERS. 

18 Section 20152 of title 49, United States Code, is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (C) by striking 

23 ‘‘or’’ at the end; 

24 (ii) by redesignating subparagraph (D) 

25 as subparagraph (E); and 


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1 (iii) by inserting the following after 

2 subparagraph (C): 

3 ‘‘(D) blocked crossings; or’’; 

4 (B) in paragraph (4)— 

5 (i) by striking ‘‘paragraph (1)(C) or 

6 (D)’’ and inserting ‘‘subparagraph (C), (D), 

7 or (E) of paragraph (1)’’; and 

8 (ii) by striking ‘‘and’’ at the end; 

9 (C) in paragraph (5) by striking the period 

10 at the end and inserting ‘‘; and’’ ; and 

11 (D) by adding at the end the following: 

12 ‘‘(6) promptly inform the Secretary if the num13 ber required to be established under subsection (a) has 

14 changed and report the new number to the Sec15 retary.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(c) PUBLICATION OF TELEPHONE NUMBERS.—The 

18 Secretary shall make any telephone number established 

19 under subsection (a) publicly available on the website of the 

20 Department of Transportation.’’. 

21 SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY 

22 REVIEW. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Secretary of Transpor25 tation shall expend such sums as are necessary to conduct 


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1 a comprehensive review of the national highway-rail cross2 ing inventory of the Department of Transportation estab3 lished under section 20160 of title 49, United States Code. 

4 (b) CONTENTS.—In conducting the review required 

5 under subsection (a), the Secretary shall— 

6 (1) verify the accuracy of the data contained in 

7 the inventory described in subsection (a) using map8 ping technologies and other methods; and 

9 (2) correct erroneous data in such inventory. 

10 (c) REPORT.—Not later than 30 days after the comple11 tion of the review required under subsection (a), the Sec12 retary shall submit to the Committee on Transportation 

13 and Infrastructure of the House of Representatives and the 

14 Committee on Commerce, Science, and Transportation of 

15 the Senate a report detailing corrections made to the inven16 tory described in subsection (a) and the Secretary’s plans 

17 to ensure continued accuracy of such inventory. 

18 SEC. 9557. COUNTING RAILROAD SUICIDES. 

19 (a) IN GENERAL.—Not less than 180 days after the 

20 enactment of this Act, the Secretary of Transportation shall 

21 revise any regulations, guidance, or other relevant agency 

22 documents to count suicides on a railroad crossing or rail23 road right-of-way as trespassing deaths. 

24 (b) AUTHORITY OF THE SECRETARY.—In carrying out 

25 subsection (a), the Secretary may require Federal, State, 


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1 and local agencies, railroads, or other entities to submit 

2 such data as necessary. 

3 (c) APPLICABILITY OF RULEMAKING REQUIRE4 MENTS.—The requirements of section 553 of title 5, United 

5 States Code, shall not apply to the modification required 

6 by subsection (a). 

7 DIVISION E—ADDITIONAL 

8 PROGRAMS 

9 SEC. 10001. NATIONAL SCENIC BYWAYS PROGRAM. 

10 There are authorized to be appropriated out of the gen11 eral fund of the Treasury, for the national scenic byways 

12 program under section 162 of title 23, United States Code— 

13 (1) $55,000,000 for fiscal year 2021; 

14 (2) $60,000,000 for fiscal year 2022; 

15 (3) $65,000,000 for fiscal year 2023; 

16 (4) $70,000,000 for fiscal year 2024; and 

17 (5) $75,000,000 for fiscal year 2025. 


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Union Calendar No. 350 

116TH CONGRESS 

2D SESSION H. R. 2 

[Report No. 116–437] 

A BILL 

To authorize funds for Federal-aid highways, highfor other purposes. way safety programs, and transit programs, and 

JUNE 26, 2020 

Reported with an amendment; committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union 


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