I 

117TH CONGRESS 

1ST SESSION H. R. 3341 

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

transit programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2021 

Mr. GRAVES of Missouri (for himself, Mr. RODNEY DAVIS of Illinois, Mr. 

CRAWFORD, Mr. GIBBS, Mr. GRAVES of Louisiana, Mr. ROUZER, Mr. 

WEBSTER of Florida, Mr. YOUNG, Mr. BOST, Mr. WESTERMAN, Mr. 

GALLAGHER, Mr. BALDERSON, Mr. STAUBER, Mr. BURCHETT, Mr. 

JOHNSON of South Dakota, Mr. VAN DREW, Mr. GUEST, Mr. NEHLS, 

Ms. MACE, Ms. MALLIOTAKIS, Ms. VAN DUYNE, Mr. GIMENEZ, and Mrs. 

HARTZLER) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Surface Transportation Advanced through Reform, 


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1 Technology, and Efficient Review Act 2.0’’ or the 

2 ‘‘STARTER Act 2.0’’. 

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

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

DIVISION A—EXTENSION OF SURFACE TRANSPORTATION 

PROGRAMS 

Sec. 1001. Extension of Federal surface transportation programs. 

Sec. 1002. Extension of highway trust fund expenditure authority. 

Sec. 1003. Extension of highway-related taxes. 

Sec. 1004. Additional contract authority. 

Sec. 1005. Tax-exempt financing for qualified highway or surface freight transfer facilities. 

Sec. 1006. Effective date. 

DIVISION B—SURFACE TRANSPORTATION 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

Sec. 1101. Nationally significant freight and highway projects. 

Sec. 1102. Better utilizing investments to leverage development (BUILD) 

transportation discretionary grants. 

Sec. 1103. National highway freight program. 

Sec. 1104. Truck parking safety improvement. 

Sec. 1105. Temporary Federal share for Federal-aid highway projects. 

Sec. 1106. Consolidated funding program. 

Sec. 1107. Bridge rebuilding programs. 

Sec. 1108. Increased flexibility for bridge bundling projects. 

Sec. 1109. Off-system bridge set-aside. 

Sec. 1110. Establishment of ROUTES and NETT entities. 

Subtitle B—Acceleration of Project Delivery 

Sec. 1201. Environmental reviews for major projects. 

Sec. 1202. Efficient environmental reviews for project decisionmaking. 

Sec. 1203. Application of categorical exclusions for transportation projects. 

Sec. 1204. Air quality and conformity. 

Sec. 1205. Agreements relating to use of and access to rights-of-way Interstate 

System. 

Sec. 1206. Permits for dredged or fill material. 

Sec. 1207. Pilot program on use of innovative practices for environmental reviews. 

Sec. 1208. Major projects threshold. 

Sec. 1209. Adding previously approved projects to the transportation improvement program. 

TITLE II—INNOVATIVE PROJECT FINANCE 


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Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 

temporary loan relief due to the COVID–19 pandemic. 

TITLE III—PUBLIC TRANSPORTATION 

Sec. 3001. Short title. 

Sec. 3002. Urbanized area formula grants. 

Sec. 3003. Fixed guideway capital investment grants. 

Sec. 3004. Enhanced mobility of seniors and individuals with disabilities. 

Sec. 3005. Formula grants for rural areas. 

Sec. 3006. Non-emergency medical transportation. 

Sec. 3007. Technical assistance and workforce development. 

Sec. 3008. General provisions. 

Sec. 3009. Apportionments. 

Sec. 3010. Grants for bus and bus facilities. 

Sec. 3011. Elimination of apportionments based on high density State factors. 

Sec. 3012. Innovative mobility and technology deployment grants. 

Sec. 3013. Expedited project delivery for capital investment grants. 

TITLE IV—HIGHWAY TRAFFIC SAFETY 

Sec. 4001. Funding and grant requirements. 

Sec. 4002. Highway safety research and development. 

Sec. 4003. National priority safety programs. 

Sec. 4004. National priority safety program grant eligibility. 

TITLE V—MOTOR CARRIER SAFETY 

Sec. 5001. Funding and grant requirements. 

Sec. 5002. Compliance, safety, and accountability reform. 

Sec. 5003. Entry-level driver training regulations. 

Sec. 5004. Trucking industry workforce development. 

Sec. 5005. Hours of service requirements for agricultural operations. 

TITLE VI—INNOVATION 

Sec. 6001. Advanced transportation technologies program. 

Sec. 6002. Connected vehicle deployment pilot program. 

Sec. 6003. Automated driving system demonstration program. 

Sec. 6004. Accelerated implementation and deployment of advanced digital construction management systems. 

Sec. 6005. Innovative project delivery methods. 

Sec. 6006. Surface transportation system funding alternatives. 

Sec. 6007. Surface transportation system road usage charge national pilot program. 

Sec. 6008. Implementation of per-mile road usage charge for Federal vehicles. 

TITLE VII—RESILIENCY 

Sec. 7001. Promoting Resilient Operations for Transformative, Efficient, and 

Cost-Saving Transportation (PROTECT) grant program. 

Sec. 7002. National highway performance program. 

Sec. 7003. Resilience in federal-aid highway programs. 

Sec. 7004. Resiliency in transit. 

Sec. 7005. Highway emergency relief and resiliency. 

Sec. 7006. Highway resiliency incentives. 

Sec. 7007. Guidance on inundated and submerged roads. 


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Sec. 7008. Guidance on evacuation routes. 

Sec. 7009. Definitions. 

Sec. 7010. University transportation centers. 

Sec. 7011. Pre-disaster hazard mitigation pilot program. 

TITLE VIII—FREIGHT RAIL MANUFACTURING 

Sec. 8001. Short title. 

Sec. 8002. Requirements for railroad freight cars entering service in the United 

States. 

Sec. 8003. Regulations; penalties. 

Sec. 8004. Country specified. 

Sec. 8005. Definitions. 

1 DIVISION A—EXTENSION OF 

2 SURFACE TRANSPORTATION 

3 PROGRAMS 

4 SEC. 1001. EXTENSION OF FEDERAL SURFACE TRANSPOR5 TATION PROGRAMS. 

6 (a) IN GENERAL.—Except as otherwise provided in 

7 this Act, the requirements, authorities, conditions, eligi8 bilities, limitations, and other provisions authorized under 

9 the covered laws, which would otherwise expire on or cease 

10 to apply after September 30, 2021, are incorporated by 

11 reference and shall continue in effect through September 

12 30, 2026. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) HIGHWAY TRUST FUND.— 

15 (A) HIGHWAY ACCOUNT.—There is author16 ized to be appropriated from the Highway Ac17 count for each of fiscal years 2022 through 

18 2026, for each program with respect to which 

19 amounts are authorized to be appropriated from 


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1 such account for fiscal year 2021, an amount 

2 equal to 132 percent of the amount authorized 

3 for appropriation with respect to the program 

4 from such account under the covered laws for 

5 fiscal year 2021. 

6 (B) MASS TRANSIT ACCOUNT.—There is 

7 authorized to be appropriated from the Mass 

8 Transit Account for each of fiscal years 2022 

9 through 2026, for each program with respect to 

10 which amounts are authorized to be appro11 priated from such account for fiscal year 2021, 

12 an amount equal to the amount authorized for 

13 appropriation with respect to the program from 

14 such account under the covered laws for fiscal 

15 year 2021. 

16 (2) GENERAL FUND.—There is authorized to be 

17 appropriated for each of fiscal years 2022 through 

18 2026, for each program with respect to which 

19 amounts are authorized to be appropriated for fiscal 

20 year 2021 from an account other than the Highway 

21 Account or the Mass Transit Account under the ti22 tles specified in subsection (e)(1)(A), an amount 

23 equal to the amount authorized for appropriation 

24 with respect to the program under such titles for fis25 cal year 2021. 


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1 (c) USE OF FUNDS.—Subject to section 1004(b), 

2 amounts authorized to be appropriated for each of fiscal 

3 years 2022 through 2026 with respect to a program under 

4 subsection (b) shall be distributed, administered, limited, 

5 and made available for obligation in the same manner as 

6 amounts authorized to be appropriated with respect to the 

7 program for fiscal year 2021 under the covered laws. 

8 (d) OBLIGATION LIMITATION.—Subject to section 

9 1004(d), a program for which amounts are authorized to 

10 be appropriated under subsection (b)(1) shall be subject 

11 to a limitation on obligations for each of fiscal years 2022 

12 through 2026 in the same amount and in the same man13 ner as the limitation applicable with respect to the pro14 gram for fiscal year 2021. 

15 (e) DEFINITIONS.—In this section, the following defi16 nitions apply: 

17 (1) COVERED LAWS.—The term ‘‘covered laws’’ 

18 means the following: 

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

20 A of the FAST Act (Public Law 114–94). 

21 (B) Division A, division B, subtitle A of 

22 title I and title II of division C, and division E 

23 of MAP–21 (Public Law 112–141). 


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

2 LU Technical Corrections Act of 2008 (Public 

3 Law 110–244). 

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

5 SAFETEA–LU (Public Law 109–59). 

6 (E) Titles I, II, III, IV, and V of the 

7 Transportation Equity Act for the 21st Century 

8 (Public Law 105–178). 

9 (F) Titles II, III, and IV of the National 

10 Highway System Designation Act of 1995 

11 (Public Law 104–59). 

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

13 IV, title V, and title VI of the Intermodal Sur14 face Transportation Efficiency Act of 1991 

15 (Public Law 102–240). 

16 (H) Title 23, United States Code. 

17 (I) Subtitle IV of Title 40, United States 

18 Code. 

19 (J) Sections 116, 117, 330, and 5505 and 

20 chapters 53, 303, 311, 313, 701, and 702 of 

21 title 49, United States Code. 

22 (2) HIGHWAY ACCOUNT.—The term ‘‘Highway 

23 Account’’ means the portion of the Highway Trust 

24 Fund that is not the Mass Transit Account. 


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1 (3) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 

2 Transit Account’’ means the portion of the Highway 

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

4 the Internal Revenue Code of 1986. 

5 (f) DISADVANTAGED BUSINESS ENTERPRISES.— 

6 (1) DEFINITIONS.—In this subsection, the fol7 lowing definitions apply: 

8 (A) SMALL BUSINESS CONCERN.— 

9 (i) IN GENERAL.—The term ‘‘small 

10 business concern’’ means a small business 

11 concern (as the term is used in section 3 

12 of the Small Business Act (15 U.S.C. 

13 632)). 

14 (ii) EXCLUSIONS.—The term ‘‘small 

15 business concern’’ does not include any 

16 concern or group of concerns controlled by 

17 the same socially and economically dis18 advantaged individual or individuals that 

19 have average annual gross receipts during 

20 the preceding 5 fiscal years in excess of 

21 $26,290,000, as adjusted annually by the 

22 Secretary for inflation. 

23 (B) SOCIALLY AND ECONOMICALLY DIS24 ADVANTAGED INDIVIDUALS.—The term ‘‘so25 cially and economically disadvantaged individVerDate Sep 11 2014 22:49 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3341.IH H3341

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1 uals’’ has the meaning given the term in section 

2 8(d) of the Small Business Act (15 U.S.C. 

3 637(d)) and relevant subcontracting regulations 

4 issued pursuant to such Act, except that women 

5 shall be presumed to be socially and economi6 cally disadvantaged individuals for purposes of 

7 this subsection. 

8 (2) AMOUNTS FOR SMALL BUSINESS CON9 CERNS.—Except to the extent that the Secretary de10 termines otherwise, not less than 10 percent of the 

11 amounts made available for any program under ti12 tles I, II, and III of this Act and section 403 of title 

13 23, United States Code, shall be expended through 

14 small business concerns owned and controlled by so15 cially and economically disadvantaged individuals. 

16 (3) ANNUAL LISTING OF DISADVANTAGED BUSI17 NESS ENTERPRISES.—Each State shall annually— 

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

19 business concerns referred to in paragraph (2) 

20 in the State, including the location of the small 

21 business concerns in the State, and publish 

22 such list on a public website; and 

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

24 percentage of the small business concerns that 

25 are controlled by— 


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1 (i) women; 

2 (ii) socially and economically dis3 advantaged individuals (other than 

4 women); and 

5 (iii) individuals who are women and 

6 are otherwise socially and economically dis7 advantaged individuals. 

8 (4) UNIFORM CERTIFICATION.— 

9 (A) IN GENERAL.—The Secretary shall es10 tablish minimum uniform criteria for use by 

11 State governments in certifying whether a con12 cern qualifies as a small business concern for 

13 the purpose of this subsection. 

14 (B) INCLUSIONS.—The minimum uniform 

15 criteria established under subparagraph (A) 

16 shall include, with respect to a potential small 

17 business concern— 

18 (i) on-site visits; 

19 (ii) personal interviews with personnel; 

20 (iii) issuance or inspection of licenses; 

21 (iv) analyses of stock ownership; 

22 (v) listings of equipment; 

23 (vi) analyses of bonding capacity; 

24 (vii) listings of work completed; 


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1 (viii) examination of the resumes of 

2 principal owners; 

3 (ix) analyses of financial capacity; and 

4 (x) analyses of the type of work pre5 ferred. 

6 (5) REPORTING.—The Secretary shall establish 

7 minimum requirements for use by State govern8 ments in reporting to the Secretary— 

9 (A) information concerning disadvantaged 

10 business enterprise awards, commitments, and 

11 achievements; and 

12 (B) such other information as the Sec13 retary determines to be appropriate for the 

14 proper monitoring of the disadvantaged busi15 ness enterprise program. 

16 (6) COMPLIANCE WITH COURT ORDERS.—Noth17 ing in this subsection limits the eligibility of an indi18 vidual or entity to receive funds made available 

19 under titles I, II, and III of this Act and section 403 

20 of title 23, United States Code, if the entity or per21 son is prevented, in whole or in part, from complying 

22 with paragraph (2) because a Federal court issues a 

23 final order in which the court finds that a require24 ment or the implementation of paragraph (2) is un25 constitutional. 


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1 SEC. 1002. EXTENSION OF HIGHWAY TRUST FUND EXPENDI2 TURE AUTHORITY. 

3 Section 9503 of the Internal Revenue Code of 1986 

4 is amended— 

5 (a) by striking ‘‘October 1, 2021’’ in subsections 

6 (b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 1, 

7 2026’’; and 

8 (b) by striking ‘‘Continuing Appropriations Act, 2021 

9 and Other Extensions Act’’ in subsections (c)(1) and 

10 (e)(3) and inserting ‘‘STARTER Act 2.0’’. 

11 SEC. 1003. EXTENSION OF HIGHWAY-RELATED TAXES. 

12 (a) IN GENERAL.— 

13 (1) Each of the following provisions of the In14 ternal Revenue Code of 1986 is amended by striking 

15 ‘‘September 30, 2022’’ and inserting ‘‘September 

16 30, 2026’’: 

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

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

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

20 (2) Each of the following provisions of such 

21 Code is amended by striking ‘‘October 1, 2022’’ and 

22 inserting ‘‘October 1, 2026’’: 

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

24 (B) Section 4051(c). 

25 (C) Section 4071(d). 

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


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1 (b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN

2 HEAVY VEHICLES.—Each of the following provisions of 

3 the Internal Revenue Code of 1986 is amended by striking 

4 ‘‘2023’’ each place it appears and inserting ‘‘2026’’: 

5 (1) Section 4481(f). 

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

7 (c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 

8 of the Internal Revenue Code of 1986 is amended— 

9 (1) by striking ‘‘October 1, 2022’’ each place it 

10 appears and inserting ‘‘October 1, 2026’’; 

11 (2) by striking ‘‘March 31, 2023’’ each place it 

12 appears and inserting ‘‘March 31, 2026’’; and 

13 (3) by striking ‘‘January 1, 2023’’ and insert14 ing ‘‘January 1, 2026’’. 

15 (d) EXTENSION OF CERTAIN EXEMPTIONS.— 

16 (1) Section 4221(a) of the Internal Revenue 

17 Code of 1986 is amended by striking ‘‘October 1, 

18 2022’’ and inserting ‘‘October 1, 2026’’. 

19 (2) Section 4483(i) of such Code is amended by 

20 striking ‘‘October 1, 2023’’ and inserting ‘‘October 

21 1, 2026’’. 

22 (e) EXTENSION OF TRANSFERS OF CERTAIN

23 TAXES.— 

24 (1) IN GENERAL.—Section 9503 of the Internal 

25 Revenue Code of 1986 is amended— 


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1 (A) in subsection (b)— 

2 (i) by striking ‘‘October 1, 2022’’ 

3 each place it appears in paragraphs (1) 

4 and (2) and inserting ‘‘October 1, 2026’’; 

5 (ii) by striking ‘‘OCTOBER 1, 2022’’ in 

6 the heading of paragraph (2) and inserting 

7 ‘‘OCTOBER 1, 2026’’; 

8 (iii) by striking ‘‘September 30, 

9 2022’’ in paragraph (2) and inserting 

10 ‘‘September 30, 2026’’; and 

11 (iv) by striking ‘‘July 1, 2023’’ in 

12 paragraph (2) and inserting ‘‘July 1, 

13 2026’’; and 

14 (B) in subsection (c)(2), by striking ‘‘July 

15 1, 2023’’ and inserting ‘‘July 1, 2026’’. 

16 (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX

17 TRANSFERS.— 

18 (A) IN GENERAL.—Paragraphs (3)(A)(i) 

19 and (4)(A) of section 9503(c) of such Code are 

20 each amended by striking ‘‘October 1, 2022’’ 

21 and inserting ‘‘October 1, 2026’’. 

22 (B) CONFORMING AMENDMENTS TO LAND

23 AND WATER CONSERVATION FUND.—Section 

24 200310 of title 54, United States Code, is 

25 amended— 


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1 (i) by striking ‘‘October 1, 2023’’ 

2 each place it appears and inserting ‘‘Octo3 ber 1, 2026’’; and 

4 (ii) by striking ‘‘October 1, 2022’’ and 

5 inserting ‘‘October 1, 2026’’. 

6 (f) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on October 1, 2021. 

8 SEC. 1004. ADDITIONAL CONTRACT AUTHORITY. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, for each of fiscal years 2022 through 2026, 

11 any excess amount authorized to be appropriated from the 

12 Highway Account or the Mass Transit Account shall be 

13 distributed as described in subsection (b). 

14 (b) ADJUSTMENT TO CORE ACCOUNT PROGRAMS.— 

15 For each fiscal year in which an excess amount as de16 scribed in subsection (a) is authorized to be appropriated 

17 from the Highway Account or the Mass Transit Account, 

18 the Secretary shall— 

19 (1) under section 1001 of this Act make avail20 able for core account programs authorized from such 

21 account an amount equal to the amount authorized 

22 for such programs for fiscal year 2021; 

23 (2) under this section, make available an addi24 tional amount for such programs equal to the excess 


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1 amount authorized to be appropriated as described 

2 in subsection (a); and 

3 (3) distribute the additional amount under 

4 paragraph (2) to each of such core account pro5 grams in accordance with subsection (c). 

6 (c) DISTRIBUTION OF ADJUSTMENT AMONG CORE

7 ACCOUNT PROGRAMS.— 

8 (1) IN GENERAL.—In making an adjustment 

9 for core account programs authorized from the 

10 Highway Account or the Mass Transit Account for 

11 a fiscal year under subsection (b), the Secretary 

12 shall— 

13 (A) determine the ratio that— 

14 (i) the amount authorized to be ap15 propriated for a core account program 

16 from the account for fiscal year 2021; 

17 bears to 

18 (ii) the total amount authorized to be 

19 appropriated for such fiscal year for all 

20 core account programs under such account; 

21 (B) multiply the ratio determined under 

22 subparagraph (A) by the amount of the adjust23 ment under subsection (b)(2); and 

24 (C) adjust the amount that the Secretary 

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1 count program for the fiscal year by the 

2 amount calculated under subparagraph (B). 

3 (2) FORMULA PROGRAMS.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), for a program for which funds are 

6 distributed by formula, the Secretary shall add 

7 the adjustment to the amount authorized for 

8 the program but for this section and make 

9 available the adjusted program amount for such 

10 program in accordance with such formula. 

11 (B) EXCEPTION.—In making the adjust12 ment under subparagraph (A), the Secretary 

13 shall exclude subsections (b)(4), (b)(5)(D), and 

14 (b)(6) of section 104 of title 23, United States 

15 Code, from the formula calculations. 

16 (3) AVAILABILITY FOR OBLIGATION.—Adjusted 

17 amounts under this subsection shall be available for 

18 obligation and administered in the same manner as 

19 other amounts made available for the program for 

20 which the amount is adjusted. 

21 (4) SPECIAL RULE.— 

22 (A) ADJUSTMENT.—In making an adjust23 ment under subsection (c)(1) for an allocation, 

24 reservation, or set-aside from an amount au25 thorized from the Highway Account or Mass 


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1 Transit Account referred to in subparagraph 

2 (B), the Secretary shall— 

3 (i) determine the ratio that— 

4 (I) the amount authorized to be 

5 appropriated for the allocation, res6 ervation, or set-aside from the account 

7 for fiscal year 2021; bears to 

8 (II) the total amount authorized 

9 to be appropriated for such fiscal year 

10 for all core account programs under 

11 such account; 

12 (ii) multiply the ratio determined 

13 under clause (i) by the amount of the ad14 justment determined under subsection 

15 (b)(2); and 

16 (iii) adjust the amount that the Sec17 retary would have allocated for the alloca18 tion, reservation, or set-aside for the fiscal 

19 year but for this section by the amount 

20 calculated under clause (ii). 

21 (B) ALLOCATIONS, RESERVATIONS, AND

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

23 set-asides referred to in subparagraph (A) 

24 are— 


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1 (i) the amount reserved for a fiscal 

2 year under section 133(h)(1)(A); 

3 (ii) the amount set aside for a fiscal 

4 year for the National Highway Freight 

5 Program under section 104(b)(5); 

6 (iii) supplemental funds reserved for a 

7 fiscal year for the National Highway Per8 formance Program under section 

9 104(h)(1); and 

10 (iv) supplemental funds reserved for a 

11 fiscal year for the surface transportation 

12 block grant program under section 

13 104(h)(2). 

14 (d) REVISION TO OBLIGATION LIMITATIONS.—If the 

15 Secretary makes an adjustment under subsection (b) for 

16 a fiscal year to an amount subject to a limitation on obli17 gations imposed by any other provision of law— 

18 (1) such limitation on obligations for such fiscal 

19 year shall be revised by an amount equal to such ad20 justment; and 

21 (2) the Secretary shall distribute such limita22 tion on obligations, as revised under paragraph (1), 

23 in accordance with such provisions. 

24 (e) DEFINITIONS.—In this section, the following defi25 nitions apply— 


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

2 Account’’ means the portion of the Highway Trust 

3 Fund that is not the Mass Transit Account. 

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

5 Transit Account’’ means the Mass Transit Account 

6 of the Highway Trust Fund established under sec7 tion 9503(e)(1) of the Internal Revenue Code of 

8 1986. 

9 (3) CORE ACCOUNT PROGRAMS.—The term 

10 ‘‘core account programs’’ means— 

11 (A) the National Highway Performance 

12 Program under section 119 of title 23, United 

13 States Code; 

14 (B) the Surface Transportation Block 

15 Grant Program under section 133 of title 23, 

16 United States Code; 

17 (C) the Highway Safety Improvement Pro18 gram under section 148 of title 23, United 

19 States Code; 

20 (D) the National Highway Freight Pro21 gram under section 167 of title 23, United 

22 States Code; and 

23 (E) the Formula Grants for Rural Areas 

24 Program under section 5311 of title 49, United 

25 States Code. 


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1 (4) EXCESS AMOUNT.—The term ‘‘excess 

2 amount’’ means— 

3 (A) the amount authorized to be appro4 priated for a fiscal year from the Highway Ac5 count or the Mass Transit Account; minus 

6 (B) the amount authorized to be appro7 priated for fiscal year 2021 from such account. 

8 SEC. 1005. TAX-EXEMPT FINANCING FOR QUALIFIED HIGH9 WAY OR SURFACE FREIGHT TRANSFER FA10 CILITIES. 

11 Section 142(m)(2)(A) of the Internal Revenue Code 

12 of 1986 is amended by striking ‘‘$15,000,000,000’’ and 

13 inserting ‘‘$45,000,000,000’’. 

14 SEC. 1006. EFFECTIVE DATE. 

15 This Act and the amendments made by this Act shall 

16 take effect on October 1, 2021. 


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1 DIVISION B—SURFACE 

2 TRANSPORTATION 

3 TITLE I—FEDERAL-AID 

4 HIGHWAYS 

5 Subtitle A—Authorizations and 

6 Programs 

7 SEC. 1101. NATIONALLY SIGNIFICANT FREIGHT AND HIGH8 WAY PROJECTS. 

9 There are authorized to be appropriated out of the 

10 Highway Trust Fund (other than the Mass Transit Ac11 count) for the nationally significant freight and highway 

12 projects program under section 117 of title 23, United 

13 States Code, such sums as may be necessary for each of 

14 fiscal years 2022 through 2026. 

15 SEC. 1102. BETTER UTILIZING INVESTMENTS TO LEVERAGE 

16 DEVELOPMENT (BUILD) TRANSPORTATION 

17 DISCRETIONARY GRANTS. 

18 (a) IN GENERAL.—Chapter 55 of title 49, United 

19 States Code, is amended by inserting after section 5502 

20 the following: 

21 ‘‘§ 5503. BUILD grant program 

22 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor23 tation shall establish a discretionary grant program, to be 

24 known as the ‘Better Utilizing Investment to Leverage 

25 Development Transportation Grant Program’ or the 


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1 BUILD grant program, to be administered by the Sec2 retary. 

3 ‘‘(b) PURPOSE.—Under the BUILD grant program, 

4 the Secretary may award grants, on a competitive basis, 

5 for eligible projects that will have a projects that encour6 age economic viability of the Nation, a metropolitan area, 

7 or a region. 

8 ‘‘(c) ELIGIBLE APPLICANTS.—Applicants eligible for 

9 funding under this section are— 

10 ‘‘(1) States; 

11 ‘‘(2) local governments; 

12 ‘‘(3) Tribal governments; 

13 ‘‘(4) transit agencies; 

14 ‘‘(5) port authorities; 

15 ‘‘(6) metropolitan planning organizations; 

16 ‘‘(7) political subdivisions of State or local gov17 ernments; 

18 ‘‘(8) Federal land management agencies; and 

19 ‘‘(9) multi-State or multi-jurisdictional groups 

20 applying through a single lead applicant. 

21 ‘‘(d) ELIGIBLE PROJECTS.—Projects eligible for a 

22 grant under this section are the following: 

23 ‘‘(1) Highway or bridge projects eligible under 

24 title 23 (including bicycle and pedestrian related 

25 projects). 


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1 ‘‘(2) Public transportation projects eligible 

2 under chapter 53. 

3 ‘‘(3) Passenger and freight rail transportation 

4 projects. 

5 ‘‘(4) Port infrastructure investments. 

6 ‘‘(5) Intermodal projects. 

7 ‘‘(6) Projects investing in surface transpor8 tation facilities that are located on tribal land and 

9 for which title or maintenance responsibility is vest10 ed in the Federal Government. 

11 ‘‘(7) Activities related to— 

12 ‘‘(A) the planning, preparation, or design 

13 of a single surface transportation project; or 

14 ‘‘(B) regional transportation investment 

15 planning, including transportation planning 

16 that is coordinated with interdisciplinary factors 

17 including housing development, economic com18 petitiveness, network connectivity, stormwater 

19 and other infrastructure investments, or that 

20 addresses future risks and vulnerabilities, in21 cluding extreme weather and climate change. 

22 ‘‘(e) GEOGRAPHIC DISTRIBUTION.— 

23 ‘‘(1) EQUITABLE DISTRIBUTION.—In awarding 

24 grants under this section, the Secretary shall take 

25 measures to ensure an equitable geographic distribuVerDate Sep 11 2014 22:49 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3341.IH H3341

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1 tion of funds and a balance in addressing the needs 

2 of urban and rural communities and the investment 

3 in a variety of transportation modes. 

4 ‘‘(2) RURAL AND URBAN PROJECTS.—Of the 

5 funds awarded under this heading, not less than 40 

6 percent shall be awarded as urban awards and rural 

7 awards, respectively. 

8 ‘‘(3) LIMITATION BY STATE.—Not more than 

9 25 percent of the funds made available to carry out 

10 this section may be awarded to projects in a single 

11 State. 

12 ‘‘(f) GRANT PROGRAM SOLICITATION AND AWARD.— 

13 In administering the BUILD grant program, the Sec14 retary shall— 

15 ‘‘(1) solicit from eligible entities grant applica16 tions for eligible projects in accordance with this sec17 tion not later than 60 days after funds are made 

18 available to carry out this section; and 

19 ‘‘(2) announce grants for eligible projects in ac20 cordance with this section not later than 1 year from 

21 the date on which such applications are due. 

22 ‘‘(g) PLANNING GRANTS.—The Secretary may use up 

23 to 10 percent of the funds made available to carry out 

24 this section to fund the activities specified in subsection 

25 (d)(7). Selection criteria for such activities may include 


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1 a preference for projects located in a qualified opportunity 

2 zone, as such term is defined in section 1400Z–1 of the 

3 Internal Revenue Code of 1986. 

4 ‘‘(h) APPLICATION EVALUATION AND SCORING PROC5 ESS.—The Secretary shall describe in each Notice of 

6 Funding Opportunity for awards under this section a 

7 quantitative, merit-based process for evaluating eligible 

8 applications. The process shall include detailed informa9 tion on how selection criteria will be evaluated. 

10 ‘‘(i) FEDERAL SHARE.— 

11 ‘‘(1) IN GENERAL.—The Federal share of the 

12 costs for a project for which funds are awarded 

13 under this section shall not exceed 80 percent. 

14 ‘‘(2) EXCEPTION FOR RURAL AREAS.—The Sec15 retary may provide a Federal share of up to 100 

16 percent for a project in a rural area. 

17 ‘‘(3) PRIORITY.—In establishing grant program 

18 criteria pursuant to subsection (h), the Secretary 

19 shall include priority for projects that require a 

20 smaller Federal share. 

21 ‘‘(j) DAVIS-BACON REQUIREMENT.—Projects con22 ducted using funds provided under this section shall com23 ply with the requirements of subchapter IV of chapter 31 

24 of title 40 (commonly known as the Davis-Bacon Act). 

25 ‘‘(k) ADMINISTRATIVE EXPENSES.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may use up 

2 to 2.5 percent of the funds made available each year 

3 to carry out this section to administer grants under 

4 this program. 

5 ‘‘(2) AVAILABILITY.—The funds made available 

6 under paragraph (1) shall remain available until ex7 pended. 

8 ‘‘(l) TIFIA AND RRIF SUBSIDY AND ADMINISTRA9 TIVE COSTS.—The Secretary may use up to 10 percent 

10 of the funds made available to carry out this section to 

11 pay the subsidy and administrative costs of projects eligi12 ble for Federal credit assistance under chapter 6 of title 

13 23, United States Code, or title V of the Railroad Revital14 ization and Regulatory Reform Act of 1976 (45 U.S.C. 

15 821 et seq.) if the Secretary finds that the use of the funds 

16 would advance the purposes of this section. 

17 ‘‘(m) TRANSFER AUTHORITY.—Funds authorized 

18 under this section may be transferred within the Depart19 ment of Transportation and, except as otherwise provided 

20 in this section, administered in accordance with the re21 quirements of title 23 or 49 of the United States Code 

22 applicable to the agency to which the funds are transferred 

23 and any other requirements applicable to the project. 

24 ‘‘(n) AUTHORIZATIONS.— 


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1 ‘‘(1) IN GENERAL.—There is authorized to be 

2 appropriated to the Secretary to carry out this sec3 tion $1,000,000,000 for each of fiscal years 2022 

4 through 2026. 

5 ‘‘(2) AVAILABILITY.—Funds authorized under 

6 this subsection— 

7 ‘‘(A) shall be available for obligation on 

8 October 1 of the fiscal year for which they are 

9 authorized; and 

10 ‘‘(B) except as specified in subsection (I), 

11 shall remain available for obligation for a period 

12 of 2 years after the year for which such funds 

13 are authorized. 

14 ‘‘(o) PERFORMANCE MANAGEMENT.—The Secretary 

15 may collect performance data on projects assisted with 

16 awards under this section, under terms and conditions 

17 prescribed by the Secretary. 

18 ‘‘(p) DEFINITIONS.—In this section: 

19 ‘‘(1) RURAL.—The term ‘rural’ means any area 

20 that is not an urbanized area. 

21 ‘‘(2) STATE.—The term ‘State’ means any of 

22 the 50 States, the District of Columbia, and Puerto 

23 Rico. 

24 ‘‘(3) URBAN.—The term ‘urban’ means an ur25 banized area, as designated by the Bureau of the 


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1 Census, that has a population greater than 200,000 

2 according to the most recent decennial Census.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 55 of title 49, United States Code, is amended by in5 serting after section 5502 the following: 

‘‘5503. BUILD grant program’’. 

6 SEC. 1103. NATIONAL HIGHWAY FREIGHT PROGRAM. 

7 There are authorized to be appropriated out of the 

8 Highway Trust Fund (other than the Mass Transit Ac9 count) for the national highway freight program under 

10 section 167 of title 23, United States Code, such sums 

11 as may be necessary for each of fiscal years 2022 through 

12 2026. 

13 SEC. 1104. TRUCK PARKING SAFETY IMPROVEMENT. 

14 (a) PARKING FOR COMMERCIAL VEHICLES.—Chapter 

15 1 of title 23, United States Code, is amended by adding 

16 at the end the following: 

17 ‘‘§ 171. Truck parking safety improvement 

18 ‘‘(a) GRANT AUTHORITY.—The Secretary shall pro19 vide grants under this section, on a competitive basis, for 

20 projects to provide parking for commercial motor vehicles 

21 on Federal-aid highways or on a facility with reasonable 

22 access to— 

23 ‘‘(1) a Federal-aid highway; or 

24 ‘‘(2) a freight facility. 


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1 ‘‘(b) APPLICATIONS.—To be eligible for a grant 

2 under this subsection, an entity shall submit to the Sec3 retary an application at such time and in such manner 

4 as the Secretary may require. 

5 ‘‘(c) APPLICATION CONTENTS.—An application 

6 under subsection (b) shall contain— 

7 ‘‘(1) a description of the proposed project; and 

8 ‘‘(2) any other information that the Secretary 

9 may require. 

10 ‘‘(d) ELIGIBLE ENTITIES.—The following entities 

11 shall be eligible to receive amounts under this section: 

12 ‘‘(1) A State. 

13 ‘‘(2) A public agency carrying out responsibil14 ities relating to commercial motor vehicle parking. 

15 ‘‘(3) A metropolitan planning organization. 

16 ‘‘(4) A unit of local government. 

17 ‘‘(e) ELIGIBLE PROJECTS.— 

18 ‘‘(1) IN GENERAL.—An entity may use funds 

19 provided under this section only for projects de20 scribed in paragraph (2) that are located— 

21 ‘‘(A) on a Federal-aid highway; or 

22 ‘‘(B) on a facility with reasonable access 

23 to— 

24 ‘‘(i) a Federal-aid highway; or 

25 ‘‘(ii) a freight facility. 


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1 ‘‘(2) PROJECTS DESCRIBED.—A project re2 ferred to in paragraph (1) is a project to— 

3 ‘‘(A) construct safety rest areas (as such 

4 term is defined in section 120(c)) that include 

5 parking for commercial motor vehicles; 

6 ‘‘(B) construct commercial motor vehicle 

7 parking facilities— 

8 ‘‘(i) adjacent to private commercial 

9 truck stops and travel plazas; 

10 ‘‘(ii) within the boundaries of, or adja11 cent to, a publicly-owned freight facility, 

12 including a port terminal operated by a 

13 public authority; and 

14 ‘‘(iii) at existing facilities, including 

15 inspection and weigh stations and park16 and-ride locations; and 

17 ‘‘(C) convert existing weigh stations and 

18 rest areas to facilities for the exclusive use of 

19 commercial motor vehicle parking. 

20 ‘‘(f) ELIGIBLE ACTIVITIES.— 

21 ‘‘(1) IN GENERAL.—Entities may use alloca22 tions under this subsection for the following activi23 ties of an eligible project: 

24 ‘‘(A) Development phase activities, includ25 ing planning, feasability analysis, benefit-cost 


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1 analysis, environmental review, preliminary en2 gineering and design work, and other 

3 preconstruction activities. 

4 ‘‘(B) Construction, reconstruction, rehabili5 tation, acquisition of real property, environ6 mental mitigation, construction contingencies, 

7 acquisition of equipment, and operational im8 provements directly related to expanding com9 mercial motor vehicle parking. 

10 ‘‘(2) LIMITATION.—An entity may not use more 

11 than 10 percent of a grant under this subsection for 

12 activities described in paragraph (1)(A). 

13 ‘‘(g) PRIORITY.—In making grants under this sub14 section, the Secretary shall give priority to entities that— 

15 ‘‘(1) demonstrate a safety need for commercial 

16 motor vehicle parking capacity in the corridor in 

17 which the project described under subsection (e)(1) 

18 is proposed to be carried out; 

19 ‘‘(2) have consulted with affected State and 

20 local governments, trucking organizations, and pri21 vate providers of commercial motor vehicle parking; 

22 ‘‘(3) demonstrate that the project described 

23 under subsection (e)(1) will likely— 

24 ‘‘(A) increase commercial motor vehicle 

25 parking capacity; 


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1 ‘‘(B) facilitate the efficient movement of 

2 freight; and 

3 ‘‘(C) improve highway safety, traffic con4 gestion, and air quality; and 

5 ‘‘(4) demonstrate the ability to provide for the 

6 maintenance and operation cost necessary to keep 

7 the facility available for use after completion of con8 struction. 

9 ‘‘(h) FEDERAL SHARE.—Notwithstanding any other 

10 provision of law, the Federal share for a project carried 

11 out under this subsection shall be 90 percent. 

12 ‘‘(i) TREATMENT OF FUNDS.—Notwithstanding sec13 tion 126, funds made available under this subsection shall 

14 remain available until expended and shall not be transfer15 able. 

16 ‘‘(j) PROHIBITION ON CHARGING FEES.—To be eligi17 ble for a grant under this section, an entity shall agree 

18 that no fees will be charged for a commercial motor vehicle 

19 to access and park at any part of the facility constructed 

20 with funds made available under this subsection. 

21 ‘‘(k) NOTIFICATION OF CONGRESS.—Not less than 3 

22 days before making a grant for a project under this sec23 tion, the Secretary shall notify, in writing, the Committee 

24 on Transportation and Infrastructure of the House of 

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1 lic Works of the Senate, and the Committee on Commerce, 

2 Science, and Transportation of the Senate of the— 

3 ‘‘(1) the amount of each proposed grant to be 

4 made under this subsection; 

5 ‘‘(2) evaluation and justification for the project 

6 selection. 

7 ‘‘(l) SURVEY AND COMPARATIVE ASSESSMENT.— 

8 ‘‘(1) IN GENERAL.—Not later than 18 months 

9 after the date of enactment of this subsection, and 

10 every 2 years thereafter, the Secretary, in consulta11 tion with appropriate State motor carrier safety per12 sonnel and State departments of transportation, 

13 shall submit to the Committee on Transportation 

14 and Infrastructure of the House of Representatives, 

15 the Committee on Environment and Public Works of 

16 the Senate, and the Committee on Commerce, 

17 Science, and Transportation of the Senate a report 

18 that— 

19 ‘‘(A) evaluates the capability of the States 

20 to provide adequate parking and rest facilities 

21 for commercial motor vehicles engaged in inter22 state transportation; 

23 ‘‘(B) evaluates the effectiveness of the 

24 projects funded under this subsection in im25 proving access to truck parking; 


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1 ‘‘(C) evaluates the ability of entities receiv2 ing a grant under this subsection to sustain the 

3 operation of parking facilities constructed with 

4 funds provided under this subsection; and 

5 ‘‘(D) reports on the progress being made 

6 to provide adequate commercial motor vehicle 

7 parking facilities in the State. 

8 ‘‘(2) RESULTS.—The Secretary shall make the 

9 report under paragraph (1) available to the public 

10 on the website of the Department of Transportation. 

11 ‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding 

12 any other provision of law, a project carried out under this 

13 section shall be treated as if the project is located on a 

14 Federal-aid highway under this chapter. 

15 ‘‘(n) COMMERCIAL MOTOR VEHICLE DEFINED.—In 

16 this section, the term ‘commercial motor vehicle’ has the 

17 meaning given such term in section 31132 of title 49. 

18 ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There 

19 is authorized to be appropriated such sums as are nec20 essary to carry out this section.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 1 of title 23, United States Code, is amended by add23 ing after the item relating to section 171 the following: 

‘‘171. Truck parking safety improvement.’’. 


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1 SEC. 1105. TEMPORARY FEDERAL SHARE FOR FEDERAL-AID 

2 HIGHWAY PROJECTS. 

3 Notwithstanding any other provision of law, the Fed4 eral share of the cost of a project under title 23, United 

5 States Code, for which amounts are made available during 

6 fiscal year 2022 and 2023 may be up to 100 percent, at 

7 the discretion of the Secretary of Transportation. 

8 SEC. 1106. CONSOLIDATED FUNDING PROGRAM. 

9 (a) IN GENERAL.—Chapter 1 of title 23, United 

10 States Code, is further amended by adding at the end the 

11 following: 

12 ‘‘§ 172. Consolidated funding program 

13 ‘‘(a) IN GENERAL.—Not later than 6 months after 

14 the date of enactment of this section, the Secretary shall 

15 establish a pilot program to allow up to 5 States to receive 

16 the base apportionment for the State in a lump sum, to 

17 be obligated and expended in accordance with this section. 

18 ‘‘(b) CRITERIA.—The Secretary shall develop criteria 

19 for selection of a State to receive a block grant under this 

20 Act, including requiring that recipient States— 

21 ‘‘(1) meet minimum levels for the condition of 

22 pavement established by the Secretary under section 

23 150(c)(3); 

24 ‘‘(2) meet minimum levels for the condition for 

25 bridges on the National Highway System as de26 scribed in section 119(f)(2); 


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1 ‘‘(3) uses a performance-based approach to 

2 transportation planning and programming for state3 wide and metropolitan planning areas to meet the 

4 requirements of sections 134, 135, and 150; and 

5 ‘‘(4) meet recertification requirements for State 

6 asset management plans for the National Highway 

7 System as described in section 119(e). 

8 ‘‘(c) APPLICATIONS.— 

9 ‘‘(1) REQUEST.—Not later than 6 months after 

10 the date of enactment of this section, the Secretary 

11 shall request applications in accordance with para12 graph (2). 

13 ‘‘(2) CONTENTS.—An application submitted 

14 under this paragraph shall include a plan on how the 

15 State and each affected metropolitan planning orga16 nization shall continue to meet, or make significant 

17 progress toward meeting, performance measures and 

18 standards under section 150(c) of title 23, United 

19 States Code. 

20 ‘‘(d) USE OF BLOCK GRANT FUNDS.— 

21 ‘‘(1) ELIGIBILITIES.—Funds made available to 

22 a State under this program shall be eligible for use 

23 for any project eligible under— 

24 ‘‘(A) the national highway performance 

25 program under section 119; 


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1 ‘‘(B) the surface transportation block 

2 grant program under section 133; 

3 ‘‘(C) the highway safety improvement pro4 gram under section 148; 

5 ‘‘(D) the congestion mitigation and air 

6 quality improvement program under section 

7 149; and 

8 ‘‘(E) for metropolitan planning under sec9 tion 134; or 

10 ‘‘(F) the national highway freight program 

11 under section 167. 

12 ‘‘(2) ALLOCATION OF FUNDS.—Of the total 

13 amount of funds provided under this section in a fis14 cal year for projects described in paragraph (1)— 

15 ‘‘(A) 25 percent of funds shall be obli16 gated, in proportion to the relative shares of the 

17 population of the State— 

18 ‘‘(i) to urbanized areas of the State 

19 with an urbanized area population of over 

20 200,000; 

21 ‘‘(ii) to areas of the State other than 

22 urban areas with a population greater than 

23 5,000; and 

24 ‘‘(iii) to other areas of the State; and 


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1 ‘‘(B) for any funds that are not obligated 

2 under subparagraph (A), such funds may be ob3 ligated in any area of the State. 

4 ‘‘(e) BLOCK GRANT SELECTION.— 

5 ‘‘(1) ISSUANCE.—The Secretary shall provide 

6 grants under this section beginning with fiscal year 

7 2022. 

8 ‘‘(2) OBLIGATION AUTHORITY.—Nothing in this 

9 section shall be construed to increase an obligation 

10 limitation applied to funds made available under this 

11 section. 

12 ‘‘(3) SUBSEQUENT FISCAL YEARS.—Subject to 

13 subsection (g)(2), the Secretary shall continue to ap14 portion block grants to the awarded States. 

15 ‘‘(4) SUNSET.—The authority to provide grants 

16 under this section shall cease on the last day of fis17 cal year 2026. 

18 ‘‘(f) SUPPLEMENTAL FUNDS.—Funds reserved under 

19 section 104(h) shall be treated as if apportioned in lump 

20 sum under this section, and shall be in addition to 

21 amounts apportioned under this section. 

22 ‘‘(g) PROGRESS REPORT.— 

23 ‘‘(1) IN GENERAL.—Not later than 2 years 

24 after the first fiscal year in which funds are provided 

25 under this section, any State receiving funds shall 


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1 submit to the Secretary a progress report on meet2 ing, or making significant progress toward meeting, 

3 performance measures and standards under section 

4 150(c). 

5 ‘‘(2) GUIDANCE.—Not later than 1 year after 

6 the initial funds are provided under this section, the 

7 Secretary shall promulgate guidance to lump sum 

8 recipients on requirements for submitting a progress 

9 report under paragraph (1). 

10 ‘‘(3) REVIEW.—If the Secretary finds that a 

11 State that received funds under this section did not 

12 meet, or achieve significant progress (as defined by 

13 the Secretary) toward target achievement of, all per14 formance targets set in the report required under 

15 paragraph (1), the Secretary may not provide funds 

16 to such State under the program in the following fis17 cal year or 6 months after determination that the 

18 State failed to meet, or make significant progress to19 ward target achievement, whichever is later. 

20 ‘‘(4) TRANSMISSION TO CONGRESS.—Not later 

21 than 30 days after which the Secretary receives a re22 port from a State under paragraph (1), the Sec23 retary shall transmit the progress report to the 

24 Committee on Transportation and Infrastructure of 


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1 the House of Representatives and the Committee on 

2 Environment and Public Works of the Senate. 

3 ‘‘(h) TREATMENT OF LAW.—Notwithstanding any 

4 other provision of law, projects funded under this section 

5 shall be treated as projects on a Federal-aid highway 

6 under this chapter. 

7 ‘‘(i) DEFINITION OF BASE APPORTIONMENT.—In 

8 this section, the term ‘base apportionment’ has the mean9 ing given the term in section 104(i).’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 1 of title 23, United States Code, is further amended 

12 by adding at the end the following: 

‘‘172. Consolidated funding program.’’. 

13 SEC. 1107. BRIDGE REBUILDING PROGRAMS. 

14 (a) LARGE BRIDGES INVESTMENT PROGRAM.— 

15 (1) ESTABLISHMENT.—The Secretary of Trans16 portation shall establish a competitive grant pro17 gram (referred to in this subsection as the ‘‘Pro18 gram’’) to award grants to eligible entities for high19 way bridge replacement and rehabilitation projects. 

20 (2) ELIGIBLE ENTITIES.— 

21 (A) IN GENERAL.—The Secretary may 

22 make a grant under the Program to— 

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

24 (ii) a Federal land management agen25 cy. 


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1 (B) APPLICATIONS.—To be eligible for a 

2 grant under the Program, an entity specified in 

3 subparagraph (A) shall submit to the Secretary 

4 an application in such form, at such time, and 

5 containing such information as the Secretary 

6 determines is appropriate. 

7 (3) ELIGIBLE PROJECTS.—The Secretary may 

8 award a grant under the Program only for a high9 way bridge replacement or rehabilitation project that 

10 is— 

11 (A) for a large bridge that does not cross 

12 an international border; and 

13 (B) carried out on— 

14 (i) the National Highway System; or 

15 (ii) the National Highway Freight 

16 Network established under section 167 of 

17 title 23, United States Code. 

18 (4) ELIGIBLE PROJECT COSTS.—A grant re19 ceived for a project under this subsection may be 

20 used for— 

21 (A) development phase activities, including 

22 planning, feasibility analysis, revenue fore23 casting, environmental review, preliminary engi24 neering and design work, and other 

25 preconstruction activities; and 


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1 (B) replacement, rehabilitation, acquisition 

2 of real property (including land related to the 

3 project and improvements to the land), environ4 mental mitigation, construction contingencies, 

5 and operational improvements directly related 

6 to implementing electronic tolling. 

7 (5) SELECTION CRITERIA.—In selecting eligible 

8 projects to receive grants under the Program, the 

9 Secretary shall consider the extent to which a 

10 project, relative to other projects submitted in re11 sponse to a Notice of Funding Opportunity— 

12 (A) serves a significant number of users; 

13 (B) utilizes non-Federal contributions; 

14 (C) utilizes nontraditional financing, inno15 vative design and construction techniques, or 

16 innovative technologies; 

17 (D) spans at least 1 border between 2 

18 States; 

19 (E) rehabilitates or replaces a large bridge 

20 that— 

21 (i) is classified as in poor condition; 

22 (ii) is load posted; or 

23 (iii) does not meet current geometric 

24 design standards; 

25 (F) will improve resiliency; and 


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1 (G) facilitates transfer of bridge ownership 

2 from the Federal government to a non-Federal 

3 entity. 

4 (6) ELECTRONIC TOLLING.—Any toll facility lo5 cated on a bridge receiving a grant under this sub6 section shall, upon completion of the project funded 

7 with such grant— 

8 (A) utilize only electronic toll collection; 

9 and 

10 (B) implement technologies or business 

11 practices that provide for the regional inter12 operability of electronic toll collection programs, 

13 to the extent practicable. 

14 (7) FEDERAL SHARE.— 

15 (A) IN GENERAL.—A grant under the Pro16 gram shall not exceed 50 percent of the cost of 

17 a project. Subject to the limitation in subpara18 graph (B), Federal assistance other than a 

19 grant under the Program may be used for the 

20 remainder of the cost of the project. 

21 (B) MAXIMUM FEDERAL INVOLVEMENT.— 

22 The total Federal assistance provided for a 

23 project receiving a grant under the Program 

24 shall not exceed 80 percent of the cost of a 

25 project. 


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1 (C) FEDERAL LAND MANAGEMENT AGEN2 CIES.—Notwithstanding any other provision of 

3 law, any Federal funds other than those made 

4 available under title 23 or title 49, United 

5 States Code, may be used to pay the non-Fed6 eral share of the cost of a project carried out 

7 by a Federal land management agency with a 

8 grant under the Program. 

9 (8) APPROPRIATIONS.— 

10 (A) IN GENERAL.—Out of any funds in the 

11 Treasury not otherwise appropriated, the Sec12 retary of the Treasury shall transfer to the Sec13 retary to carry out this subsection 

14 $4,600,000,000 for each of fiscal years 2022 

15 through 2026. Such funds shall remain avail16 able for a period of 3 fiscal years following the 

17 fiscal year for which the amounts are trans18 ferred by the Secretary of the Treasury. 

19 (B) RECEIPT AND ACCEPTANCE.—The 

20 Secretary shall be entitled to receive, shall ac21 cept, and shall use to carry out this subsection 

22 the funds transferred under subparagraph (A), 

23 without further appropriation. 

24 (9) ADMINISTRATIVE EXPENSES.—The Sec25 retary may use not more than 2 percent of the 


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1 amounts made available for the Program for each 

2 fiscal year to pay the administrative expenses of the 

3 Program. 

4 (10) APPLICABILITY OF TITLE 23, UNITED

5 STATES CODE.—Funds made available under para6 graph (8) shall be administered as if apportioned 

7 under chapter I of title 23, United States Code. 

8 (11) DEFINITIONS.—In this subsection, the fol9 lowing definitions apply: 

10 (A) LARGE BRIDGE.—The term ‘‘large 

11 bridge’’ means a bridge— 

12 (i) with total deck area of 400,000 

13 square feet or more; or 

14 (ii) with a main span of 500 feet or 

15 more. 

16 (B) STATE.—The term ‘‘State’’ means any 

17 of the 50 States, the District of Columbia, or 

18 Puerto Rico. 

19 (b) COMMUNITY RURAL BRIDGE PROGRAM.— 

20 (1) ESTABLISHMENT.—The Secretary of Trans21 portation shall establish a community rural bridge 

22 program (referred to in this subsection as the ‘‘Pro23 gram’’) to provide funding to States for off-system 

24 bridge replacement and rehabilitation. 


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1 (2) PURPOSES.—The purposes of the Program 

2 are to provide immediate funding to help— 

3 (A) replace and rehabilitate off-system 

4 bridges, many of which provide vital connec5 tions to rural communities; 

6 (B) reduce risk, by bringing these bridges 

7 into a state of good repair; and 

8 (C) facilitate the transfer of bridge owner9 ship from the Federal government to non-Fed10 eral entities. 

11 (3) DISTRIBUTION OF FUNDS.— 

12 (A) IN GENERAL.—The Secretary of 

13 Transportation shall distribute funds made 

14 available to carry out the Program for each fis15 cal year as follows: 

16 (i) One-half of the funds made avail17 able for each fiscal year shall be distrib18 uted to each State by the proportion that 

19 the total deck area of off-system bridges in 

20 each State bears to the total deck area of 

21 off-system bridges in all States. 

22 (ii) One-half of the funds made avail23 able for each fiscal year shall be distrib24 uted to each State by the proportion that 

25 the total deck area of off-system bridges 


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1 classified as in poor condition in each 

2 State bears to the total deck area of off3 system bridges classified as in poor condi4 tion in all States. 

5 (B) DECK AREA CALCULATION.—In dis6 tributing funds under this paragraph, the Sec7 retary shall calculate the total deck area of off8 system bridges and total area of off-system 

9 bridges classified as in poor condition based on 

10 the National Bridge Inventory as of the end of 

11 the preceding calendar year. 

12 (4) ELIGIBLE PROJECTS.—Funds apportioned 

13 under paragraph (3) shall only be used by a State 

14 for projects that— 

15 (A) replace or rehabilitate off-system 

16 bridges; and 

17 (B) are bundled as one project with at 

18 least 1 other similar bridge project. 

19 (5) ELIGIBLE PROJECT COSTS.—Funds appor20 tioned under this subsection may be used for— 

21 (A) development phase activities, including 

22 planning, feasibility analysis, revenue fore23 casting, environmental review, preliminary engi24 neering and design work, and other 

25 preconstruction activities; and 


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1 (B) replacement, rehabilitation, acquisition 

2 of real property (including land related to the 

3 project and improvements to the land), environ4 mental mitigation, and construction contin5 gencies. 

6 (6) APPROPRIATIONS.— 

7 (A) IN GENERAL.—Out of any funds in the 

8 Treasury not otherwise appropriated, the Sec9 retary of the Treasury shall transfer to the Sec10 retary to carry out this subsection 

11 $6,000,000,000 for each of fiscal years 2022 

12 and 2023. Such funds shall remain available for 

13 a period of 3 fiscal years following the fiscal 

14 year for which the amounts are transferred by 

15 the Secretary of the Treasury. 

16 (B) RECEIPT AND ACCEPTANCE.—The 

17 Secretary shall be entitled to receive, shall ac18 cept, and shall use to carry out this subsection 

19 the funds transferred under subparagraph (A), 

20 without further appropriation. 

21 (7) APPLICABILITY OF TITLE 23, UNITED

22 STATES CODE.—Funds made available under para23 graph (6) shall be administered as if apportioned 

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


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1 (8) DEFINITIONS.—In this subsection, the fol2 lowing definitions apply: 

3 (A) OFF-SYSTEM BRIDGE.—The term ‘‘off4 system bridge’’ means a highway bridge located 

5 on a public road, other than a bridge on a Fed6 eral-aid highway. 

7 (B) STATE.—The term ‘‘State’’ means any 

8 of the 50 States, the District of Columbia, or 

9 Puerto Rico. 

10 SEC. 1108. INCREASED FLEXIBILITY FOR BRIDGE BUN11 DLING PROJECTS. 

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

13 amended— 

14 (1) by striking paragraph (5); and 

15 (2) by redesignating paragraph (6) as para16 graph (5). 

17 SEC. 1109. OFF-SYSTEM BRIDGE SET-ASIDE. 

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

19 amended— 

20 (1) by striking paragraph (1) and inserting the 

21 following: 

22 ‘‘(1) DEFINITIONS.—In this subsection, the fol23 lowing definitions apply: 

24 ‘‘(A) OFF-SYSTEM BRIDGE.—The term 

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1 cated on a public road, other than a bridge on 

2 a Federal-aid highway. 

3 ‘‘(B) OFF-SYSTEM LOW WATER CROSS4 ING.—The term ‘offsystem low water crossing’ 

5 means a low water crossing (as defined by the 

6 Secretary) located on a public road, other than 

7 a low water crossing on a Federal-aid high8 way.’’; 

9 (2) in paragraph (2), by striking subparagraph 

10 (A) and inserting the following: 

11 ‘‘(A) SET-ASIDE.— 

12 ‘‘(i) IN GENERAL.—Of the amounts 

13 apportioned to a State for fiscal year 2013 

14 and each fiscal year thereafter under this 

15 section, the State shall obligate for activi16 ties described in clause (ii) an amount that 

17 is not less than 15 percent of the amount 

18 of funds apportioned to the State for the 

19 highway bridge program for fiscal year 

20 2009, except that amounts allocated under 

21 subsection (d) shall not be obligated to 

22 carry out this subsection. 

23 ‘‘(ii) ACTIVITIES DESCRIBED.—The 

24 activities referred to in clause (i) are— 


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1 ‘‘(I) replacement, rehabilitation, 

2 preservation, protection, or inspection 

3 and evaluation of off-system bridges; 

4 and 

5 ‘‘(II) replacement of an off-sys6 tem low water crossing with a 

7 bridge.’’; and 

8 (3) in paragraph (3), in the matter preceding 

9 subparagraph (A)— 

10 (A) by striking ‘‘replacement of a bridge or 

11 rehabilitation of a bridge’’ and inserting ‘‘re12 placement of a bridge, rehabilitation of a 

13 bridge, or replacement of a low water crossing 

14 with a bridge,’’; 

15 (B) by inserting ‘‘and’’ after ‘‘is non16 controversial,’’; and 

17 (C) by striking‘‘ and is determined by the 

18 Secretary upon completion to be no longer a de19 ficient bridge’’. 

20 SEC. 1110. ESTABLISHMENT OF ROUTES AND NETT ENTI21 TIES. 

22 Section 102 of title 49, United States Code, is 

23 amended— 

24 (1) by redesignating subsection (h) as sub25 section (j); and 


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1 (2) by inserting after subsection (g) the fol2 lowing: 

3 ‘‘(h) RURAL OPPORTUNITIES TO USE TRANSPOR4 TATION FOR ECONOMIC SUCCESS COUNCIL.— 

5 ‘‘(1) DEFINITIONS.—In this subsection: 

6 ‘‘(A) COUNCIL.—The term ‘Council’ means 

7 the Rural Opportunities to Use Transportation 

8 for Economic Success Council. 

9 ‘‘(B) OFFICE.—The term ‘Office’ means 

10 the Office of Rural Economic Investment. 

11 ‘‘(2) ESTABLISHMENT.—There is established in 

12 the Department of Transportation an internal coun13 cil to be known as the Rural Opportunities to Use 

14 Transportation for Economic Success Council or the 

15 ROUTES Council. 

16 ‘‘(3) DUTIES.—The Council shall carry out the 

17 following duties: 

18 ‘‘(A) Coordinate rural-related funding pro19 grams and assistance among the modal admin20 istrations of the Department. 

21 ‘‘(B) Educate rural communities about ap22 plicable Department discretionary grants, de23 velop effective methods to evaluate rural 

24 projects in discretionary grant programs, and 


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1 communicate such methods through program 

2 guidance. 

3 ‘‘(C) Collect input from knowledgeable en4 tities and the public on the benefits of rural 

5 transportation projects, the technical and finan6 cial assistance required for constructing and op7 erating rural transportation infrastructure and 

8 services, and barriers and opportunities to 

9 funding these rural projects. 

10 ‘‘(D) Evaluate data on rural transportation 

11 challenges and determine methods to align the 

12 Department’s discretionary funding and financ13 ing opportunities with the needs of rural com14 munities for meeting national transportation 

15 goals. 

16 ‘‘(4) MEMBERSHIP.—The Council shall consist 

17 of the following members of the Department or their 

18 designees: 

19 ‘‘(A) The Under Secretary of Transpor20 tation for Policy, who shall serve as the Chair 

21 of the Council. 

22 ‘‘(B) The General Counsel. 

23 ‘‘(C) The Chief Financial Officer and As24 sistant Secretary for Budget and Programs. 


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1 ‘‘(D) The Assistant Secretary for Research 

2 and Technology. 

3 ‘‘(E) The Administrators of the— 

4 ‘‘(i) Federal Aviation Administration; 

5 ‘‘(ii) Federal Highway Administration; 

6 ‘‘(iii) Federal Railroad Administra7 tion; 

8 ‘‘(iv) Federal Transit Administration; 

9 and 

10 ‘‘(v) Maritime Administration. 

11 ‘‘(F) Other members the Secretary may 

12 designate. 

13 ‘‘(5) COUNCIL MEETINGS.—The Council shall 

14 meet at least bimonthly. 

15 ‘‘(6) REPORT TO CONGRESS.—The Council shall 

16 submit annually a report on the safety, condition, 

17 and usage of rural transportation infrastructure in 

18 the United States to the Committee on Transpor19 tation and Infrastructure of the House of Represent20 atives, the Committee on Environment and Public 

21 Works of the Senate, and the Committee on Com22 merce, Science, and Transportation of the Senate. 

23 ‘‘(7) OFFICE OF RURAL ECONOMIC INVEST24 MENT.— 


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1 ‘‘(A) IN GENERAL.—There is established in 

2 the Department an Office of Rural Economic 

3 Investment, which shall report to the Under 

4 Secretary of Transportation for Policy. The 

5 Secretary shall appoint a Director of the Office 

6 of Rural Economic Investment. 

7 ‘‘(B) MISSION AND GOALS.—The mission 

8 and goals of the Office shall be to coordinate 

9 with other offices and agencies within the De10 partment and with other Federal agencies— 

11 ‘‘(i) to ensure that the unique needs 

12 and attributes of rural transportation, in13 volving all modes, are fully addressed dur14 ing the development and implementation of 

15 transportation policies, programs, and ac16 tivities within the Department; 

17 ‘‘(ii) to improve coordination of Fed18 eral transportation policies, programs, and 

19 activities within the Department in a man20 ner that expands economic development in 

21 rural communities and regions, and to pro22 vide recommendations for improvement; 

23 ‘‘(iii) to improve Federal transpor24 tation infrastructure investment in rural 

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1 ommendations for changes in formula 

2 funds or other existing funding distribution 

3 patterns; 

4 ‘‘(iv) to use innovation and research 

5 to resolve local and regional transportation 

6 challenges faced by rural communities; 

7 ‘‘(v) to promote and improve planning 

8 and coordination among rural areas to 

9 maximize the unique competitive advantage 

10 in those areas while avoiding duplicative 

11 Federal, State, and local investments; and 

12 ‘‘(vi) to ensure that all rural commu13 nities lacking resources receive proactive 

14 outreach, education, and technical assist15 ance to improve access to Federal trans16 portation programs. 

17 ‘‘(C) DUTIES OF THE OFFICE.—The Direc18 tor of the Office shall— 

19 ‘‘(i) support the Council and the ac20 tivities of the Council; 

21 ‘‘(ii) provide information and outreach 

22 to rural communities concerning the avail23 ability and eligibility requirements of par24 ticipating in programs of the Department; 


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1 ‘‘(iii) help rural communities identify 

2 transportation investments needed to en3 sure continued economic growth; 

4 ‘‘(iv) serve as a resource for assisting 

5 rural communities with respect to Federal 

6 transportation programs; 

7 ‘‘(v) ensure and coordinate a routine 

8 rural consultation on the development of 

9 policies, programs, and activities of the 

10 Department; 

11 ‘‘(vi) serve as an advocate within the 

12 Department on behalf of rural commu13 nities; and 

14 ‘‘(vii) work in consultation with the 

15 Secretary of Agriculture, the Secretary of 

16 Health and Human Services, the Secretary 

17 of Commerce, the Federal Communications 

18 Commission, and other Federal agencies, 

19 as the Secretary determines to be appro20 priate, in carrying out the responsibilities 

21 of the Office. 

22 ‘‘(D) APPLICABILITY.—In carrying out the 

23 mission and goals of the Office under subpara24 graph (B) and the duties of the Office under 

25 subparagraph (A), the Director shall consider 


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1 as ‘rural’ any area considered to be a rural area 

2 under any Federal transportation program of 

3 the Department. 

4 ‘‘(i) NONTRADITIONAL AND EMERGING TRANSPOR5 TATION TECHNOLOGY COUNCIL.— 

6 ‘‘(1) ESTABLISHMENT.—There is established in 

7 the Department of Transportation an internal coun8 cil to be known as the Nontraditional and Emerging 

9 Transportation Technology Council or the NETT 

10 Council. 

11 ‘‘(2) MISSION.—The mission of the Council 

12 shall be to identify and resolve jurisdictional and 

13 regulatory gaps that impede innovation in, and im14 plementation of, nontraditional and emerging trans15 portation technologies, approaches, and projects that 

16 seek to improve safety, alleviate congestion, expand 

17 access and mobility for rural and urban consumers 

18 of all economic backgrounds, and enable a more effi19 cient flow of commercial goods. 

20 ‘‘(3) DUTIES.—The NETT Council shall iden21 tify and resolve jurisdictional and regulatory gaps 

22 associated with nontraditional and emerging trans23 portation projects pending before the Department, 

24 including with respect to— 

25 ‘‘(A) safety oversight; 


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1 ‘‘(B) environmental review; and 

2 ‘‘(C) funding and financing issues. 

3 ‘‘(4) MEMBERSHIP.—The membership of the 

4 NETT Council shall include— 

5 ‘‘(A) the Under Secretary of Transpor6 tation for Policy, who shall serve as the Chair 

7 of the Council; 

8 ‘‘(B) Administrators or designees of the 

9 operating Administrations of the Department; 

10 and 

11 ‘‘(C) other members the Secretary may 

12 designate, to include heads of offices within the 

13 Office of the Secretary of Transportation. 

14 ‘‘(5) COUNCIL MEETINGS.—The Council shall 

15 hold meetings as needed at the Secretary’s discre16 tion.’’. 

17 Subtitle B—Acceleration of Project 

18 Delivery 

19 SEC. 1201. ENVIRONMENTAL REVIEWS FOR MAJOR 

20 PROJECTS. 

21 Section 139 of title 23, United States Code, is 

22 amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (3)(B) by striking ‘‘proc25 ess for and completion of any environmental 


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1 permit’’ and inserting ‘‘process and schedule, 

2 including a timetable for and completion of any 

3 environmental permit’’; 

4 (B) By redesignating paragraphs (5) 

5 through (8) as paragraphs (9) through (11); 

6 (C) by redesignating paragraphs (2) 

7 through (4) as paragraphs (4) through (6); 

8 (D) by inserting after paragraph (1) the 

9 following: 

10 ‘‘(2) AUTHORIZATION.—The term ‘authoriza11 tion’ means an environmental license, permit, ap12 proval, finding, or other administrative decision re13 lated to an environmental review process that is re14 quired under Federal law to site, construct, or re15 construct a project. 

16 ‘‘(3) ENVIRONMENTAL DOCUMENT.—The term 

17 ‘environmental document’ means an environmental 

18 assessment, finding of no significant impact, notice 

19 of intent, environmental impact statement, or record 

20 of decision under the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4321 et seq.).’’; and 

22 (E) by inserting after paragraph (6), as re23 designated, the following: 

24 ‘‘(7) MAJOR PROJECT.—The term ‘major 

25 project’ means a project for which— 


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1 ‘‘(A) multiple permits, approvals, reviews, 

2 or studies are required under a Federal law 

3 other than the National Environmental Policy 

4 Act of 1969 (42 U.S.C. 4321 et seq.); 

5 ‘‘(B) the project sponsor has identified the 

6 reasonable availability of funds sufficient to 

7 complete the project; 

8 ‘‘(C) the project is not a covered project, 

9 as such term is defined in section 41001 of the 

10 FAST Act (42 U.S.C. 4370m); and 

11 ‘‘(D) the head of the lead agency has de12 termined that— 

13 ‘‘(i) an environmental impact state14 ment is required; or 

15 ‘‘(ii) an environmental assessment is 

16 required, and the project sponsor requests 

17 that the project be treated as a major 

18 project.’’. 

19 (2) in subsection (b)(1)— 

20 (A) by inserting ‘‘, including major 

21 projects,’’ after ‘‘all projects’’; and 

22 (B) by inserting ‘‘, at the request of a 

23 project sponsor’’ after ‘‘be applied’’; 

24 (3) in subsection (c)— 

25 (A) in paragraph (6)— 


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1 (i) in subparagraph (B) by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (C) by striking 

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(D) to calculate annually the average 

9 time taken by the lead agency to complete all 

10 environmental documents for each project dur11 ing the previous fiscal year.’’; and 

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

13 ‘‘(7) PROCESS IMPROVEMENTS FOR

14 PROJECTS.— 

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

16 review existing practices, procedures, pro17 grammatic agreements, and applicable laws to 

18 identify potential changes that would facilitate 

19 an efficient environmental review process for 

20 projects. 

21 ‘‘(B) CONSULTATION.—In conducting the 

22 review required by subparagraph (A), the Sec23 retary shall consult, as appropriate, with the 

24 heads of other Federal agencies that participate 

25 in the environmental review process. 


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1 ‘‘(C) REPORT.—Not later than 2 years 

2 after the date of enactment of the STARTER 

3 Act 2.0, Secretary shall submit to the Com4 mittee on Environment and Public works of the 

5 Senate and the Committee on Transportation 

6 and Infrastructure of the House of Representa7 tives a report that includes— 

8 ‘‘(i) the results of the review required 

9 by subparagraph (A); and 

10 ‘‘(ii) an analysis of whether additional 

11 resources would help the Secretary meet 

12 the requirements applicable to the projects 

13 under this section.’’; 

14 (4) in subsection (d)— 

15 (A) in paragraph (8)— 

16 (i) in the heading, by striking 

17 ‘‘NEPA’’ and inserting ‘‘ENVIRON18 MENTAL’’; 

19 (ii) by amending subparagraph (A) to 

20 read as follows: 

21 ‘‘(A) IN GENERAL.—Except as inconsistent 

22 with paragraph (7), and except as provided in 

23 subparagraph (D), to the maximum extent 

24 practicable and consistent with Federal law, all 

25 Federal authorizations and reviews for a project 


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1 shall rely on a single environmental document 

2 for each type of environmental document pre3 pared under the National Environmental Policy 

4 Act of 1969 (42 U.S.C. 4321 et seq.) under the 

5 leadership of the lead agency.’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(D) EXCEPTION.—The lead agency may 

9 waive the application of subparagraph (A) with 

10 respect to a project if— 

11 ‘‘(i) the project sponsor requests that 

12 agencies issue separate environmental doc13 uments; 

14 ‘‘(ii) the obligations of a cooperating 

15 agency or participating agency under the 

16 National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.) have al18 ready been satisfied with respect to such 

19 project; or 

20 ‘‘(iii) the lead agency determines that 

21 such application would not facilitate com22 pletion of the environmental review process 

23 for such project within the timeline estab24 lished under paragraph (10).’’; and 

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


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1 ‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR

2 PROJECTS.— 

3 ‘‘(A) DEADLINE.—Except as provided in 

4 subparagraph (C), notwithstanding any other 

5 provision of law, all authorization decisions nec6 essary for the construction of a major project 

7 shall be completed by not later than 90 days 

8 after the date of the issuance of a record of de9 cision for the major project. 

10 ‘‘(B) REQUIRED LEVEL OF DETAIL.—The 

11 final environmental impact statement for a 

12 major project shall include an adequate level of 

13 detail to inform decisions necessary for the role 

14 of the participating agencies in the environ15 mental review process. 

16 ‘‘(C) EXTENSION OF DEADLINE.—Not 

17 later than 180 days after the date of enactment 

18 of the STARTER Act 2.0, the Secretary shall 

19 establish procedures for a lead agency to extend 

20 a deadline under subparagraph (A) in cases in 

21 which— 

22 ‘‘(i) Federal law prohibits the lead 

23 agency or another agency from issuing an 

24 approval or permit within the period de25 scribed in such subparagraph; 


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1 ‘‘(ii) such an extension is requested by 

2 the project sponsor; or 

3 ‘‘(iii) such extension would facilitate 

4 the completion of the environmental review 

5 and authorization process of the major 

6 project.’’; 

7 (5) in subsection (g)— 

8 (A) in paragraph (1)(B)— 

9 (i) by amending clause (ii)(IV) to read 

10 as follows: 

11 ‘‘(IV) the overall time required 

12 by an agency to conduct an environ13 mental review and make decisions 

14 under applicable Federal law relating 

15 to a project (including the issuance or 

16 denial of a permit or license) and the 

17 cost of the project;’’; and 

18 (ii) by adding at the end the fol19 lowing: 

20 ‘‘(iii) MAJOR PROJECT SCHEDULE.— 

21 To the maximum extent practicable and 

22 consistent with applicable Federal law, in 

23 the case of a major project, the lead agen24 cy shall develop, in consultation with the 

25 project sponsor, a schedule for the major 


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1 project that is consistent with an agency 

2 average of not more than 2 years for the 

3 completion of the environmental review 

4 process for major projects. The time period 

5 measured, as applicable— 

6 ‘‘(I) in the case of a project that 

7 requires an environmental impact 

8 statement, begins on the date of pub9 lication of a notice of intent to pre10 pare an environmental impact state11 ment and ends on the date of publica12 tion of a record of decision; or 

13 ‘‘(II) in the case of a project 

14 which does not require an environ15 mental impact statement, begins on 

16 the date of that the decision is made 

17 to prepare an environmental assess18 ment and ends on the date of issuance 

19 of a finding of no significant impact.’’; 

20 (B) by redesignating subparagraph (E) as 

21 subparagraph (F); and 

22 (C) by inserting after subparagraph (D) 

23 the following: 

24 ‘‘(E) FAILURE TO MEET DEADLINE.—If a 

25 Federal cooperating agency fails to meet a 


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1 deadline established under subparagraph 

2 (D)(ii)(I)— 

3 ‘‘(i) not later than 30 days after the 

4 date such agency failed to meet such dead5 line, such agency shall submit to the Sec6 retary a report on why the deadline was 

7 not met; and 

8 ‘‘(ii) not later than 30 days after the 

9 date on which a report is submitted under 

10 clause (i), the Secretary shall— 

11 ‘‘(I) transmit to the Committee 

12 on Environment and Public Works of 

13 the Senate and the Committee on 

14 Transportation and Infrastructure of 

15 the House of Representatives a copy 

16 of such report; and 

17 ‘‘(II) make such report available 

18 to the public on the website of such 

19 agency.’’; and 

20 (6) By adding at the end the following: 

21 ‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR

22 PROJECTS.— 

23 ‘‘(1) IN GENERAL.—Not later than 180 days 

24 after the date of enactment of the STARTER Act 


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1 2.0, the Secretary shall establish a performance ac2 countability system to track each major project. 

3 ‘‘(2) REQUIREMENTS.—The performance ac4 countability system required under paragraph (1) 

5 shall, for each major project, track— 

6 ‘‘(A) the environmental review process for 

7 such project, including the project schedule re8 quired by subsection (g)(1)(B)(iii); 

9 ‘‘(B) whether the lead agency, cooperating 

10 agencies, and participating agencies are meet11 ing such schedule; and 

12 ‘‘(C) the time taken to complete the envi13 ronmental review process. 

14 ‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLU15 SIONS.— 

16 ‘‘(1) IN GENERAL.—Not later than 60 days 

17 after the date of enactment of this subsection, the 

18 Secretary shall— 

19 ‘‘(A) in consultation with the agencies de20 scribed in paragraph (2), identify the categor21 ical exclusions established by the Federal High22 way Administration that would accelerate deliv23 ery of a project if such categorical exclusions 

24 were available to such agencies; 


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1 ‘‘(B) collect existing documentation and 

2 substantiating information on the categorical 

3 exclusions described in subparagraph (A); and 

4 ‘‘(C) provide to each agency described in 

5 paragraph (2) a list of the categorical exclu6 sions identified under subparagraph (A) and 

7 the documentation and substantiating informa8 tion collected under subparagraph (B). 

9 ‘‘(2) AGENCIES DESCRIBED.—The following 

10 agencies are described in this paragraph: 

11 ‘‘(A) The Departments of— 

12 ‘‘(i) the Interior; 

13 ‘‘(ii) Commerce; 

14 ‘‘(iii) Agriculture; 

15 ‘‘(iv) Energy; and 

16 ‘‘(v) Defense, including the United 

17 States Army Corps of Engineers. 

18 ‘‘(B) Any other Federal agency that has 

19 participated in an environmental review process 

20 for a major project, as determined by the Sec21 retary. 

22 ‘‘(3) ADOPTION OF CATEGORICAL EXCLU23 SIONS.— 

24 ‘‘(A) IN GENERAL.—Not later than 1 year 

25 after the date on which the Secretary provides 


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1 the list under paragraph (1)(C), an agency de2 scribed in paragraph (2) shall publish a notice 

3 of proposed rulemaking to propose any categor4 ical exclusions from the list applicable to the 

5 agency, subject to the condition that the cat6 egorical exclusion identified under paragraph 

7 (1)(A) meets the criteria for a categorical exclu8 sion under section 102 of the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.). 

11 ‘‘(B) PUBLIC COMMENT.—In a notice of 

12 proposed rulemaking under subparagraph (A), 

13 the applicable agency shall solicit comments on 

14 whether any of the proposed new categorical ex15 clusions meet the criteria for a categorical ex16 clusion under section 1508.4 of title 40, Code 

17 of Federal Regulations (or successor regula18 tions).’’. 

19 SEC. 1202. EFFICIENT ENVIRONMENTAL REVIEWS FOR 

20 PROJECT DECISIONMAKING. 

21 (a) AMENDMENTS.—Title I of the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4332) is amended— 

23 (1) in section 102(2)(C), by inserting ‘‘subject 

24 to section 106,’’ before ‘‘include’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘SEC. 106. PROCEDURES FOR DETERMINATIONS. 

2 ‘‘(a) ENVIRONMENTAL IMPACT STATEMENTS.— 

3 ‘‘(1) REQUEST FOR PUBLIC COMMENT.—Each 

4 notice of intent to prepare an environmental impact 

5 statement under section 102 shall include a request 

6 for public comment on potential alternatives or im7 pacts and on relevant information, studies, or anal8 yses with respect to the proposed Federal action. 

9 ‘‘(2) SPONSOR PREPARATION.—A lead agency 

10 may allow a project sponsor to prepare an environ11 mental impact statement, if such agency provides 

12 such sponsor with appropriate guidance and assists 

13 in the preparation. The lead agency shall independ14 ently evaluate the environmental impact statement 

15 before adopting it, and shall take responsibility for 

16 the contents upon adoption. 

17 ‘‘(3) DEADLINE.—Each environmental impact 

18 statement shall be completed not later than 2 years 

19 after the date of publication of the notice of intent 

20 to prepare such environmental impact statement is 

21 issued unless the lead agency approves a delay in 

22 writing and establishes a new timeline that provides 

23 only so much additional time as is necessary to com24 plete such environmental impact statement. The lead 

25 agency may only approve such a delay if such delay 


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1 is necessary to complete the environmental impact 

2 statement. 

3 ‘‘(4) STATEMENT OF PURPOSE AND NEED.— 

4 Each environmental impact statement shall include a 

5 statement of purpose and need that briefly summa6 rizes the underlying purpose and need for the pro7 posed agency action. In a case where the agency is 

8 reviewing an application for authorization, such 

9 statement shall focus on the goals of the applicant 

10 and the agency’s authority. 

11 ‘‘(5) ESTIMATED TOTAL COST.—The cover 

12 sheet for each environmental impact statement shall 

13 include a statement of the estimated total cost of 

14 preparing such environmental impact statement, in15 cluding the costs of agency full-time equivalent per16 sonnel hours, contractor costs, and other direct 

17 costs. 

18 ‘‘(6) WORD LIMIT.—A statement of environ19 mental impact may not exceed 75,000 words un20 less— 

21 ‘‘(A) the proposal is of unusual scope or 

22 complexity; or 

23 ‘‘(B) the lead agency approves a longer 

24 statement in writing and establishes a new 

25 word limit. 


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1 ‘‘(b) ENVIRONMENTAL ASSESSMENTS.— 

2 ‘‘(1) SPONSOR PREPARATION.—A lead agency 

3 may allow a project sponsor to prepare an environ4 mental assessment, if such agency provides such 

5 sponsor with appropriate guidance and assists in the 

6 preparation. The lead agency shall independently 

7 evaluate the environmental assessment before adopt8 ing it, and shall take responsibility for the contents 

9 upon adoption. 

10 ‘‘(2) WORD LIMIT.—An environmental assess11 ment may not exceed 37,500 words, excluding ap12 pendices, unless the lead agency approves a longer 

13 statement in writing and establishes a new word 

14 limit. 

15 ‘‘(3) DEADLINE.—Environmental assessments 

16 required by section 102 shall be completed not later 

17 than 1 year after the date on which the decision to 

18 prepare such environmental assessment is made un19 less the lead agency approves a delay in writing and 

20 establishes a new timeline that provides only so 

21 much additional time as is necessary to complete 

22 such environmental assessment. 

23 ‘‘(c) REVIEW FOR APPLICATION OF SECTION 102.— 

24 In reviewing a Federal action to determine the appropriate 

25 review under section 102: 


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1 ‘‘(1) REQUIREMENTS FOR A COOPERATING

2 AGENCY.—A cooperating agency shall submit any 

3 comments within a time period specified by the lead 

4 agency and limit such comments to matters on 

5 which such agency has jurisdiction by law or special 

6 expertise with respect to an environmental issue. 

7 ‘‘(2) DEFINITION OF SIGNIFICANCE.—In deter8 mining whether the effects of a proposed Federal ac9 tion are significant, a Federal official shall only con10 sider the reasonably foreseeable effects with a rea11 sonably close causal relationship to the action being 

12 considered and may not consider cumulative effects. 

13 ‘‘(d) CATEGORICAL EXCLUSIONS.—Not later than 90 

14 days after the date of enactment of this section, the Coun15 cil on Environmental Quality shall establish procedures for 

16 a Federal agency to adopt a categorical exclusion estab17 lished by another Federal agency. 

18 ‘‘(e) JUDICIAL REVIEW.—No agency action taken 

19 under parts 1500 through 1508 of title 40, Code of Fed20 eral Regulations, (or any successor regulations) may be 

21 subject to judicial review before the issuance of a record 

22 of decision or other final agency decision. 

23 ‘‘(f) INJUNCTIVE RELIEF.—A violation of this Act 

24 shall not constitute the basis for injunctive relief. 

25 ‘‘(g) DEFINITIONS.—In this section: 


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1 ‘‘(1) CATEGORICAL EXCLUSION.—The term 

2 ‘categorical exclusion’ means a category of actions 

3 which a Federal agency has determined do not 

4 under usual circumstances have a significant effect 

5 on the human environment for the purposes of this 

6 Act. 

7 ‘‘(2) COOPERATING AGENCY.—The term ‘co8 operating agency’ has the meaning given such term 

9 in section 139 of title 23, United States Code. 

10 ‘‘(3) ENVIRONMENTAL ASSESSMENT.—The 

11 term ‘environmental assessment’ means an environ12 mental assessment prepared under section 102. 

13 ‘‘(4) ENVIRONMENTAL IMPACT STATEMENT.— 

14 The term ‘environmental impact statement’ means 

15 an environmental impact statement prepared under 

16 section 102. 

17 ‘‘(5) LEAD AGENCY.—The term ‘lead agency’ 

18 has the meaning given such term in section 139 of 

19 title 23, United States Code. 

20 ‘‘(6) REASONABLY FORESEEABLE.—The term 

21 ‘reasonably foreseeable’ means sufficiently likely to 

22 occur such that a person of ordinary prudence would 

23 take such occurrence into account in reaching a de24 cision. 


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1 ‘‘(7) SPECIAL EXPERTISE.—The term ‘special 

2 expertise’ means statutory responsibility, agency 

3 mission, or related program experience.’’. 

4 (b) REGULATORY CHANGES.— 

5 (1) CONTROVERSY AS A FACTOR IN DETER6 MINING SIGNIFICANCE.—The Council on Environ7 mental Quality shall, not later than 90 days after 

8 the date of enactment of this Act, issue regulations 

9 to remove consideration of the level of controversy 

10 with respect to a determination regarding whether a 

11 proposed Federal action is significant as such term 

12 is used in section 102 of the National Environmental 

13 Policy Act of 1969 (42 U.S.C. 4332). 

14 (2) ALTERNATIVES OUTSIDE OF AGENCY JURIS15 DICTION.—The Council on Environmental Quality 

16 shall, not later than 120 days after the date of en17 actment of this Act, issue regulations to remove any 

18 requirement that a lead agency consider alternatives 

19 not within the jurisdiction of such agency unless 

20 such consideration is necessary for agency decision21 making under section 102 of the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4332). 


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1 SEC. 1203. APPLICATION OF CATEGORICAL EXCLUSIONS 

2 FOR TRANSPORTATION PROJECTS. 

3 (a) IN GENERAL.—Section 304 of title 49, United 

4 States Code, is amended— 

5 (1) in the section heading by striking 

6 ‘‘multimodal’’ and inserting ‘‘transpor7 tation’’; 

8 (2) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘Department of Trans11 portation operating administration or sec12 retarial office’’ and inserting ‘‘Federal 

13 agency’’; 

14 (ii) by striking ‘‘lead authority’’ and 

15 inserting ‘‘lead agency’’; and 

16 (iii) by striking ‘‘multimodal’’; 

17 (B) by amending paragraph (2) to read as 

18 follows: 

19 ‘‘(2) LEAD AGENCY.—The term ‘lead agency’ 

20 means a Federal agency, or State agency that has 

21 been delegated authority under the National Envi22 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

23 seq.), that has the lead responsibility for compliance 

24 with such Act with respect to a proposed project.’’; 

25 and 


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1 (C) by amending paragraph (3) to read as 

2 follows: 

3 ‘‘(3) PROJECT.—The term ‘project’ has the 

4 meaning given such term in section 139(a) of title 

5 23.’’; 

6 (3) in subsection (b) by striking ‘‘multimodal’’; 

7 (4) in subsection (c)— 

8 (A) in the heading by striking 

9 ‘‘MULTIMODAL’’; 

10 (B) by striking ‘‘multimodal project, a lead 

11 authority’’ and inserting ‘‘project, a lead agen12 cy’’; 

13 (C) by striking ‘‘procedures of a cooper14 ating authority for a proposed multimodal 

15 project’’ and inserting ‘‘procedures of any other 

16 Federal agency for a proposed project’’; 

17 (D) in paragraph (1)— 

18 (i) by striking ‘‘lead authority makes 

19 a determination, with the concurrence of 

20 the cooperating authority’’ and inserting 

21 ‘‘the Federal agency proposing to apply the 

22 categorical exclusion makes a determina23 tion, after consultation with the other Fed24 eral agencies’’; 


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1 (ii) in subparagraph (A) by striking 

2 ‘‘multimodal’’; and 

3 (iii) in subparagraph (B) by striking 

4 the semicolon and inserting ‘‘; and’’; 

5 (E) in paragraph (2)— 

6 (i) by striking ‘‘lead authority’’ and 

7 inserting ‘‘lead agency proposing to apply 

8 the categorical exclusion’’; and 

9 (ii) by striking ‘‘of the cooperating au10 thority or procedures under that Act; and’’ 

11 and inserting ‘‘or procedures of the other 

12 Federal agency under that Act.’’; and 

13 (F) by striking paragraph (3); and 

14 (5) in subsection (d) by striking ‘‘multimodal’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chap16 ter 3 of title 49, United States Code, is amended by strik17 ing the item relating to section 304 and inserting the fol18 lowing: 

‘‘304. Application of categorical exclusions for transportation projects.’’. 

19 SEC. 1204. AIR QUALITY AND CONFORMITY. 

20 (a) SEPARATING REQUIREMENTS APPLICABLE TO

21 PROJECTS.—Section 176(c)(2) of the Clean Air Act (42 

22 U.S.C. 7506(c)(2)) is amended— 

23 (1) by striking ‘‘(2) Any transportation’’ and 

24 inserting ‘‘(2)(A) Any transportation’’; 


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1 (2) by striking ‘‘any transportation plan, pro2 gram or project unless such plan, program or 

3 project’’ and inserting ‘‘any transportation plan or 

4 program unless such plan or program’’; 

5 (3) by striking ‘‘(A) no transportation’’ and in6 serting ‘‘(i) no transportation’’; 

7 (4) by striking ‘‘(B) no metropolitan’’ and in8 serting ‘‘(ii) no metropolitan’’; 

9 (5) by striking ‘‘(C) a transportation project 

10 may be adopted or approved by a metropolitan plan11 ning organization or any recipient of funds des12 ignated under title 23, United States Code, chapter 

13 53 of title 49, United States Code, or found in con14 formity by a metropolitan planning organization or 

15 approved, accepted, or funded by the Department of 

16 Transportation only if it meets either the require17 ments of subparagraph (D)’’ and inserting the fol18 lowing: 

19 ‘‘(B) Except as provided in this section, no Federal 

20 agency may approve, accept, or fund any transportation 

21 project unless such project has been found to conform to 

22 any applicable implementation plan in effect under this 

23 Act. A transportation project may be found in conformity 

24 by the Department of Transportation only if it meets ei25 ther the requirements of subparagraph (C)’’; 


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1 (6) by adjusting the margins of clauses (i), (ii), 

2 and (iii) of subparagraph (B), as redesignated, 2 

3 ems to the left; and 

4 (7) by striking ‘‘(D) Any project not referred to 

5 in subparagraph (C)’’ and inserting the following: 

6 ‘‘(C) Any project not referred to in subparagraph 

7 (B)’’. 

8 (b) CONFORMITY DETERMINATIONS PRIOR TO CON9 STRUCTION OF TRANSPORTATION PROJECTS.—Paragraph 

10 (2) of section 176(c) of the Clean Air Act (42 U.S.C. 

11 7506(c)), as amended by subsection (a), is further amend12 ed by adding at the end the following new subparagraph: 

13 ‘‘(F) The conformity determinations required by this 

14 section with respect to transportation projects shall be co15 ordinated with the transportation planning process under 

16 sections 134 and 135 of title 23, United States Code, and 

17 with the environmental review process required under the 

18 National Environmental Policy Act of 1969 and other ap19 plicable laws, in accordance with the following require20 ments: 

21 ‘‘(i) The Secretary of Transportation shall 

22 make its conformity determination for a transpor23 tation project prior to initiation of construction of 

24 the project. 


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1 ‘‘(ii) The Secretary of Transportation shall in2 clude the transportation project in the plan or pro3 gram developed pursuant to title 23 or chapter 53 

4 of title 49, United States Code, as applicable, before 

5 the Secretary of Transportation makes a conformity 

6 determination for the project. 

7 ‘‘(iii) The Secretary of Transportation shall— 

8 ‘‘(I) ensure that any environmental docu9 ment prepared for the project under the Na10 tional Environmental Policy Act of 1969 (42 

11 U.S.C. 4332 et seq.) discloses the need for a 

12 transportation conformity determination and 

13 evaluates consistency with conformity require14 ments; and 

15 ‘‘(II) condition any approval issued by the 

16 Secretary in the environmental review process 

17 on satisfying conformity requirements prior to 

18 construction.’’. 

19 (c) TECHNICAL CORRECTION TO MARGINS.—The 

20 margins of paragraphs (5) through (10) of section 176(c) 

21 of the Clean Air Act (42 U.S.C. 7506(c)) are amended 

22 by moving such margins 2 ems to the left. 

23 (d) APPLICABILITY.—Section 176(c)(5) of the Clean 

24 Air Act (42 U.S.C. 7506(c)(5)), as amended by subsection 

25 (c), is further amended— 


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1 (1) by redesignating subparagraphs (A) and 

2 (B) as clauses (i) and (ii), respectively; 

3 (2) by striking ‘‘(5) APPLICABILITY.—This sub4 section’’ and inserting ‘‘(5) APPLICABILITY.—(A) 

5 This subsection’’; and 

6 (3) by adding at the end the following new sub7 paragraph: 

8 ‘‘(B) If a new national ambient air quality standard 

9 is promulgated for an air pollutant under section 109, the 

10 requirements of this section apply only with respect to 

11 most recently promulgated standard.’’. 

12 (e) PROGRAMMATIC CONFORMITY DETERMINA13 TIONS.—Section 176(c) of the Clean Air Act (42 U.S.C. 

14 7506(c)), as amended, is amended by adding at the end 

15 the following new paragraph: 

16 ‘‘(11) PROGRAMMATIC CONFORMITY DETERMINA17 TIONS.— 

18 ‘‘(A) IN GENERAL.—The Secretary of Trans19 portation— 

20 ‘‘(i) shall, to the maximum extent prac21 ticable, use programmatic conformity deter22 minations to streamline the process for satis23 fying transportation conformity requirements 

24 under this subsection; and 


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1 ‘‘(ii) may issue a programmatic conformity 

2 determination, in consultation with the Admin3 istrator, on a nationwide, statewide, metropoli4 tan, or other geographic basis. 

5 ‘‘(B) REGULATIONS.— 

6 ‘‘(i) REQUIREMENT.—Not later than 180 

7 days after the date of enactment of this para8 graph, the Secretary of Transportation shall 

9 issue regulations implementing this paragraph. 

10 ‘‘(ii) CONTENTS.— The regulations re11 quired by clause (i) shall include procedures for 

12 making programmatic conformity determina13 tions for— 

14 ‘‘(I) projects in marginal nonattain15 ment areas; 

16 ‘‘(II) projects that are not exempt 

17 from conformity requirements, but would 

18 have individually and cumulatively minor 

19 effects on the applicable area’s ability pol20 lutants; and 

21 ‘‘(III) projects located in areas in 

22 which the ambient levels of the applicable 

23 pollutant are substantially lower than the 

24 level required by the applicable national 

25 ambient air quality standard, such that an 


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1 exceedance of that standard is determined 

2 Secretary to be unlikely to occur. 

3 ‘‘(C) DEFINITION.—In this paragraph, the term 

4 ‘programmatic conformity determination’ includes 

5 any conformity determination that applies to a cat6 egory of transportation plans, programs, or 

7 projects.’’. 

8 SEC. 1205. AGREEMENTS RELATING TO USE OF AND AC9 CESS TO RIGHTS-OF-WAY INTERSTATE SYS10 TEM. 

11 Section 111 of title 23, United States Code, is 

12 amended by striking subsection (e) and inserting the fol13 lowing: 

14 ‘‘(e) JUSTIFICATION REPORTS.— 

15 ‘‘(1) IN GENERAL.—Upon request of a State, 

16 the Secretary shall enter into a written agreement 

17 with the State that assigns the full responsibility of 

18 the Secretary to the State for granting any approv19 als required under subsection (a) for changes in 

20 points of access to, or exits from, the Interstate Sys21 tem (including new or modified freeway-to-crossroad 

22 interchanges inside a transportation management 

23 area designated or identified under section 5303(k) 

24 of title 49). 


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1 ‘‘(2) CONDITIONS.—In entering into a written 

2 agreement under paragraph (1), the Secretary shall 

3 include appropriate conditions to ensure that the re4 sponsibilities assigned are carried out in a manner 

5 consistent with maintaining a safe and efficient 

6 Interstate System.’’. 

7 SEC. 1206. PERMITS FOR DREDGED OR FILL MATERIAL. 

8 Section 404 of the Federal Water Pollution Control 

9 Act (33 U.S.C. 1344) is amended— 

10 (1) in subsection (f)(1)— 

11 (A) in subparagraph (C) by striking ‘‘, or 

12 the maintenance of drainage ditches’’; 

13 (B) by redesignating subparagraphs (D), 

14 (E), and (F) as subparagraphs (E), (F), and 

15 (G), respectively; and 

16 (C) by inserting after subparagraph (C) 

17 the following: 

18 ‘‘(D) activities involving maintenance, repair or 

19 construction of roadside ditches, including emer20 gency activities, temporary fills, and changes in the 

21 character, scope, or size of the original fill design to 

22 meet current design and safety standards, provided 

23 they that do not result in significant alterations to 

24 flow or circulation, and maintain to the maximum 


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1 extent practicable, the course, condition, capacity, 

2 and location of open waters;’’; and 

3 (2) in subsection (s)(3) by striking ‘‘acton’’ and 

4 inserting ‘‘action’’. 

5 SEC. 1207. PILOT PROGRAM ON USE OF INNOVATIVE PRAC6 TICES FOR ENVIRONMENTAL REVIEWS. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The environmental review process for trans9 portation infrastructure projects is complex and inef10 ficient, resulting in delays and increased costs of de11 livery of needed improvements to our transportation 

12 system. 

13 (2) It is in the national interest to promote 

14 truly innovative approaches that have the potential 

15 to yield positive environmental and transportation 

16 outcomes more quickly and efficiently, with greater 

17 transparency and responsiveness to all stakeholders. 

18 (b) ESTABLISHMENT.—The Secretary of Transpor19 tation shall establish a pilot program to promote the use 

20 of innovative practices in carrying out environmental re21 views for transportation projects, including innovative 

22 practices that— 

23 (1) integrate environmental planning or other 

24 techniques involving consideration of multiple re25 sources on a watershed or ecosystem scale; 


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1 (2) enhance environmental mitigation and en2 hancement measures that will result in a substantial 

3 improvement over existing conditions in an eco4 system or watershed; 

5 (3) use innovative technologies that enable more 

6 effective public participation in decision-making, in7 cluding use of visualization, animation, and other 

8 advanced methods for depicting alternatives; and 

9 (4) focus on environmental and transportation 

10 outcomes rather than processes. 

11 (c) FLEXIBILITIES.—In carrying out the pilot pro12 gram established under subsection (b), the Secretary, in 

13 concurrence with the affected agency may waive, with re14 spect to an eligible project, any requirement under Federal 

15 law, regulation, or order, if the Secretary and such agen16 cies find that waiving the requirement is reasonably ex17 pected to— 

18 (1) promote the development of innovative prac19 tices for the environmental review process, as de20 scribed in paragraphs (1) through (4) of subsection 

21 (b); 

22 (2) enable the more efficient delivery of needed 

23 improvements to the transportation system; and 

24 (3) result in achieving the conservation goals of 

25 relevant statutes. 


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1 (d) ELIGIBILITY.—In carrying out the pilot program 

2 established under subsection (b), the Secretary may not 

3 select more than 15 eligible projects each year to partici4 pate in the program. 

5 (e) APPLICATION PROCESS.— 

6 (1) IN GENERAL.—The Secretary and the af7 fected agency shall be jointly responsible for review8 ing and approving applications for participation in 

9 the program, as set forth in this subsection. 

10 (2) APPLICATION.—The applicant shall submit 

11 a written application, in a form prescribed by the 

12 Secretary, requesting use of one or more innovative 

13 practices in the environmental review process for the 

14 project or proposal and identifying any flexibilities 

15 needed to carry out those innovative practices. 

16 (3) WRITTEN RECOMMENDATION.—If the Sec17 retary recommends approval of the application, the 

18 Secretary shall submit a written recommendation to 

19 the affected agency for review. The Secretary’s rec20 ommendation may include modifications to the appli21 cant’s proposal. 

22 (4) APPROVAL OR DENIAL OF APPLICATION.— 

23 The affected agency shall approve or deny the appli24 cation, or approve the application with conditions. 


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1 (5) COMMUNICATION OF DECISION.—Upon the 

2 final approval decision by the Secretary and affected 

3 agency, the Secretary shall communicate the decision 

4 in writing to the project sponsor, the affected State 

5 (if not the project sponsor), and each affected agen6 cy, and shall post the decision on the agency’s public 

7 website, and publish the decision in the Federal Reg8 ister. The Secretary’s notice shall identify, with 

9 specificity, each federal requirement that has been 

10 waived or otherwise modified. This decision shall be 

11 final. 

12 (f) IMPLEMENTATION.—Upon publication of the deci13 sion in the Federal Register pursuant to subsection (e)(4), 

14 the Secretary may initiate the proposal or the environ15 mental review process for the project. Each federal agency 

16 with responsibility for review, consultation, approval, or 

17 other role in the environmental review process for the 

18 project or proposal shall proceed in accordance with the 

19 decision. 

20 (g) TERMINATION.— 

21 (1) IN GENERAL.—The Secretary or any af22 fected agency may terminate the participation of a 

23 project in the pilot program under this section if the 

24 Secretary or affected agency determines that— 


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1 (A) the conditions for participation (as set 

2 forth in the application approval decision) have 

3 not been met; and 

4 (B) termination is in the public interest. 

5 (2) NOTICE.—Before terminating a project’s 

6 participation under paragraph (1), the Secretary 

7 shall give the project sponsor (and the State, if the 

8 State is not the sponsor) written notice and a period 

9 of at least 30 days to address the concerns. 

10 (h) REPORTING.— 

11 (1) ANNUAL REPORT.—The Secretary, in con12 sultation with the affected agency, shall annually 

13 submit to the Committee on Transportation and In14 frastructure of the House of Representatives and the 

15 Committee on Environment and Public Works of the 

16 Senate a report on each eligible project participating 

17 in the program. 

18 (2) CONTENTS.—The annual report under 

19 paragraph (1) shall— 

20 (A) identify each eligible project; 

21 (B) provide a status update on the envi22 ronmental review process for such project; and 

23 (C) summarize any lessons learned from 

24 the use of innovative practices authorized under 

25 the pilot program. 


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1 (i) SUNSET.—The pilot program established under 

2 subsection (b) shall terminate on the date that is 5 years 

3 after the date of enactment of this Act. 

4 (j) DEFINITIONS.—In this section: 

5 (1) AFFECTED AGENCY.—The term ‘‘affected 

6 agency’’ means a Federal agency or agencies, other 

7 than the Department of Transportation, with an ap8 proval or consultation role that would be affected if 

9 the flexibilities described in subsection (c) are used. 

10 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti11 ty’’ means any State department of transportation. 

12 (3) ELIGIBLE PROJECT.—The term ‘‘eligible 

13 project’’ includes— 

14 (A) any project (as such term is defined in 

15 section 139(a)(6) of title 23, United States 

16 Code) for which the environmental review proc17 ess has not been initiated for such project; and 

18 (B) any proposal to meet paragraphs (1) 

19 through (4) of subsection (c). 

20 SEC. 1208. MAJOR PROJECTS THRESHOLD. 

21 (a) IN GENERAL.—Section 106 of title 23, United 

22 States Code, is amended— 

23 (1) in subsection (h)(1) by striking 

24 ‘‘$500,000,000’’ and inserting ‘‘$1,000,000,000, in25 creased by the Secretary as necessary,’’; 


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1 (2) by striking subsection (i); and 

2 (3) by redesignating subsection (j) as sub3 section (i). 

4 (b) CONFORMING AMENDMENTS.—Section 139(h) of 

5 title 23, United States Code, is amended— 

6 (1) in paragraph (7)(B)(i)(I) by striking ‘‘or 

7 (i)’’; and 

8 (2) by amending paragraph (8) to read as fol9 lows: 

10 ‘‘(8) EXPEDIENT DECISIONS AND REVIEWS.— 

11 To ensure that Federal environmental decisions and 

12 reviews are expeditiously made, adequate resources 

13 made available under this title shall be devoted to 

14 ensuring that applicable environmental reviews 

15 under the National Environmental Policy Act of 

16 1969 (42 U.S.C. 4321 et seq.) are completed on an 

17 expeditious basis and that the shortest existing ap18 plicable process under that Act is implemented, not 

19 to exceed 2 years.’’. 

20 SEC. 1209. ADDING PREVIOUSLY APPROVED PROJECTS TO 

21 THE TRANSPORTATION IMPROVEMENT PRO22 GRAM. 

23 (a) METROPOLITAN TRANSPORTATION PLANNING.— 

24 Section 134(j)(1) of title 23, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(E) EXCEPTION.—Notwithstanding any 

2 other provision of law, the amendment of an ap3 proved TIP to add a project or an identified 

4 phase of a project does not require public re5 view and comment if the added project or the 

6 identified phase— 

7 ‘‘(i) was in the approved TIP that im8 mediately preceded the current TIP; and 

9 ‘‘(ii) is unchanged from the project or 

10 the identified phase in that preceding 

11 TIP.’’. 

12 (b) STATEWIDE AND NONMETROPOLITAN TRANSPOR13 TATION PLANNING.—Section 135(g) of title 23, United 

14 States Code, is amended— 

15 (1) by redesignating paragraph (9) as para16 graph (10); and 

17 (2) by inserting after paragraph (8) the fol18 lowing: 

19 ‘‘(9) EXCEPTION.—Notwithstanding any other 

20 provision of law, the amendment of an approved TIP 

21 to add a project or an identified phase of a project 

22 does not require public review and comment if the 

23 added project or the identified phase— 

24 ‘‘(A) was in the approved transportation 

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1 ceded the transportation improvement program 

2 in effect on the date of such proposed amend3 ment; and 

4 ‘‘(B) is unchanged from the project or the 

5 identified phase in that preceding transpor6 tation improvement program.’’. 

7 TITLE II—INNOVATIVE PROJECT 

8 FINANCE 

9 SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE 

10 AND INNOVATION ACT OF 1998 TEMPORARY 

11 LOAN RELIEF DUE TO THE COVID–19 PAN12 DEMIC. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ELIGIBLE BORROWER.—The term ‘‘eligible 

15 borrower’’ means a recipient of an eligible loan ad16 ministered by the National Surface Transportation 

17 and Innovative Finance Bureau. 

18 (2) ELIGIBLE LOAN.—The term ‘‘eligible loan’’ 

19 means a loan provided on or before the date of en20 actment of this Act under a program described in 

21 subparagraph (A) or (B) of section 116(d)(1) of title 

22 49, United States Code. 

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

24 the Secretary of Transportation. 

25 (b) INTEREST RATE RESET.— 


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1 (1) IN GENERAL.—If, at any time after the 

2 date of execution of an eligible loan, the eligible bor3 rower of such eligible loan is unable to generate suf4 ficient revenues from the dedicated revenue source 

5 as a result of the COVID–19 pandemic and is un6 able to pay the scheduled repayments of principal 

7 and interest on such eligible loan— 

8 (A) the eligible borrower may submit to 

9 the Secretary a request to reset the interest 

10 rate of the eligible loan in such manner and 

11 containing such information as the Secretary 

12 may require; and 

13 (B) the Secretary— 

14 (i) in accordance with such criteria as 

15 the Secretary may establish under sub16 section (d), shall determine whether the el17 igible borrower is unable to generate suffi18 cient revenues as a result of the COVID– 

19 19 pandemic; and 

20 (ii) if a positive determination is made 

21 under clause (i), may reset the interest 

22 rate of such eligible loan (including 

23 through amendment of such eligible loan) 

24 to a lower interest rate equal to not less 

25 than the yield on United States Treasury 


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1 securities of a similar maturity to the ma2 turity of the eligible loan on the date of the 

3 reset, in accordance with this section. 

4 (2) APPLICABILITY.—A lower interest rate pro5 vided for an eligible loan pursuant to paragraph 

6 (1)(B)(ii) shall apply until the final maturity date of 

7 the eligible loan. 

8 (c) OTHER LOAN MODIFICATIONS.—With respect to 

9 an eligible borrower described in subsection (b)(1), the 

10 Secretary, in carrying out subparagraph (B) of such sub11 section, may— 

12 (1) allow, for a maximum aggregate period of 

13 not more than 5 years, an obligor to add unpaid 

14 principal and interest to the outstanding balance of 

15 the loan, subject to the requirements under section 

16 502(j)(3)(B) of the Railroad Revitalization and Reg17 ulatory Reform Act of 1976 (45 U.S.C. 

18 822(j)(3)(B)) or section 603(c)(3)(B) of title 23, 

19 United States Code, as applicable; and 

20 (2) extend any applicable disbursement period 

21 established under an agreement for credit assistance 

22 made pursuant to section 502 of the Railroad Revi23 talization and Regulatory Reform Act of 1976 (45 

24 U.S.C. 822) or section 603 of title 23, United States 

25 Code, as applicable. 


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1 (d) CRITERIA.— 

2 (1) IN GENERAL.—To be eligible to receive a 

3 lower interest rate or other loan modification under 

4 this section, an eligible borrower shall achieve com5 pliance with such criteria as the Secretary may es6 tablish, in accordance with paragraph (2). 

7 (2) FACTORS FOR CONSIDERATION.—In estab8 lishing criteria for purposes of paragraph (1), the 

9 Secretary may take into consideration such factors 

10 as the Secretary determines to be relevant, including 

11 achieving the objectives of— 

12 (A) maintaining the operation of a project 

13 carried out by an eligible borrower in a disaster, 

14 emergency, or other extenuating circumstance; 

15 (B) mitigating the financial impact on an 

16 eligible borrower of a disaster, emergency, or 

17 other extenuating circumstance; and 

18 (C) protecting the interests of the Federal 

19 Government in critical infrastructure. 

20 (e) EFFECTIVE PERIOD.— 

21 (1) IN GENERAL.—The authority of the Sec22 retary to reset interest rates pursuant to this section 

23 shall terminate on September 30, 2022. 

24 (2) EFFECT OF SUBSECTION.—Nothing in this 

25 subsection affects any eligible loan that is modified 


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1 pursuant to this section on or before September 30, 

2 2022. 

3 TITLE III—PUBLIC 

4 TRANSPORTATION 

5 SEC. 3001. SHORT TITLE. 

6 This title may be cited as the ‘‘Federal Public Trans7 portation Act of 2021’’. 

8 SEC. 3002. URBANIZED AREA FORMULA GRANTS. 

9 (a) IMPACTS OF SERVICE REDUCTIONS.—Section 

10 5307(c)(1) is amended— 

11 (1) by redesignating subparagraphs (J) and (K) 

12 as subparagraphs (K) and (L), respectively; and 

13 (2) by inserting after subparagraph (I) the fol14 lowing: 

15 ‘‘(J) in any case in which a project will re16 sult in a service reduction that impacts an area 

17 of persistent poverty, consider whether third 

18 party contractors can offer options for con19 tinuing the service, provided that such options 

20 do not negatively impact the salaries or benefits 

21 of employees currently providing the service;’’. 

22 (b) TARGETED REVIEW.—Section 5307(f)(2) of title 

23 49, United States Code, is amended— 

24 (1) by striking ‘‘At least once every 3 years’’ 

25 and inserting the following: 


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1 ‘‘(A) IN GENERAL.—At least once every 3 

2 years, except as provided for under subpara3 graph (B)’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(B) TARGETED REVIEW FOR HIGH-PER6 FORMING RECIPIENTS.—In the case of a recipi7 ent under this section for which no action under 

8 paragraph (3) has been found to be necessary 

9 for 6 or more consecutive years, the triennial 

10 review shall be a targeted review, as determined 

11 by the Secretary, to ascertain whether there is, 

12 with respect to the performance of a program 

13 under this section— 

14 ‘‘(i) any outstanding or unresolved 

15 finding from prior reviews; 

16 ‘‘(ii) evidence of noncompliance with 

17 an applicable statutory or administrative 

18 requirement under this chapter; or 

19 ‘‘(iii) any material change since the 

20 most recent triennial review that the Sec21 retary determines risks the recipient’s com22 pliance with respect to such performance.’’. 


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1 SEC. 3003. FIXED GUIDEWAY CAPITAL INVESTMENT 

2 GRANTS. 

3 Section 5309 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (7)— 

7 (i) in subparagraph (A) by striking 

8 ‘‘$100,000,000’’ and inserting 

9 ‘‘$200,000,000’’; and 

10 (ii) in subparagraph (B) by striking 

11 ‘‘$300,000,000’’ and inserting 

12 ‘‘$400,000,000’’; and 

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

14 ‘‘(8) RURAL START PROJECT.—The term ‘rural 

15 start project’ means a new transit capital project 

16 that is not in an urbanized area for which— 

17 ‘‘(A) the Federal assistance provided or to 

18 be provided under this section is less than 

19 $80,000,000; and 

20 ‘‘(B) the total estimated net capital cost is 

21 less than $150,000,000.’’; 

22 (2) in subsection (b)(1) by striking ‘‘or small 

23 start projects’’ and inserting ‘‘, small start projects, 

24 or rural start projects’’; 


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1 (3) in subsection (c)(1) by striking ‘‘small start 

2 projects’’ and inserting ‘‘, small start projects, rural 

3 start projects’’; and 

4 (4) in subsection (h)— 

5 (A) in the heading by striking ‘‘SMALL

6 START PROJECTS’’ and inserting ‘‘SMALL

7 START PROJECTS AND RURAL START

8 PROJECTS’’; 

9 (B) in paragraph (1) by striking ‘‘small 

10 start project’’ and inserting ‘‘small start project 

11 or rural start project’’; 

12 (C) in paragraph (2)(A) by striking ‘‘small 

13 starts project’’ and inserting ‘‘small start 

14 project or rural start project’’; 

15 (D) in paragraph (3) by striking ‘‘small 

16 start project’’ and inserting ‘‘small start project 

17 or rural start project’’; and 

18 (E) in paragraph (6)(A) by striking ‘‘small 

19 start project’’ and inserting ‘‘small start project 

20 or rural start project’’. 

21 SEC. 3004. ENHANCED MOBILITY OF SENIORS AND INDIVID22 UALS WITH DISABILITIES. 

23 Section 5310 of title 49, United States Code, is 

24 amended— 


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1 (1) in subsection (b)(2) by striking ‘‘(A) 

2 AMOUNT AVAILABLE’’ and all that follows through 

3 ‘‘A recipient of a grant under’’ and inserting ‘‘A re4 cipient of a grant under’’; 

5 (2) in subsection (c)(2) by adding at the end 

6 the following: 

7 ‘‘(E) REALLOCATION.—Amounts appor8 tioned under section 5310(c)(1)(A) may be re9 allocated to projects in areas other than urban10 ized areas.’’; 

11 (3) by striking paragraphs (1) and (2) of sub12 section (d) and inserting the following: 

13 ‘‘(1) CAPITAL PROJECTS.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), a grant awarded under this 

16 section for a capital project shall be 80 percent 

17 of the net costs of the project, as determined by 

18 the Secretary. 

19 ‘‘(B) EXCEPTION.—A State described in 

20 section 120(b) of title 23 shall receive a Federal 

21 Government share of the net costs in accord22 ance with the formula under such section. 

23 ‘‘(2) OPERATING ASSISTANCE.— 

24 ‘‘(A) IN GENERAL.—Except as provided by 

25 subparagraph (B), a grant awarded under this 


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1 section for a operating assistance may not ex2 ceed an amount equal to 50 percent of the net 

3 operating costs of the project, as determined by 

4 the Secretary. 

5 ‘‘(B) EXCEPTION.—A state described in 

6 section 120(b) of title 23 shall receive a Federal 

7 Government share of the net costs that is equal 

8 to 62.5 percent of the Federal Government 

9 share provided for under paragraph (1)(B).’’; 

10 and 

11 (4) by striking subsection (e)(1) and inserting 

12 the following: 

13 ‘‘(1) IN GENERAL.—To the extent the Secretary 

14 determines appropriate, the requirements of— 

15 ‘‘(A) section 5307 shall apply to recipients 

16 of grants made in urbanized areas under this 

17 subsection; and 

18 ‘‘(B) section 5311 shall apply to recipients 

19 of grants made in rural areas under this sub20 section.’’. 

21 SEC. 3005. FORMULA GRANTS FOR RURAL AREAS. 

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

23 amended— 

24 (1) in paragraph (1) by adding at the end the 

25 following: 


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1 ‘‘(C) PROJECTS IN QUALIFIED OPPOR2 TUNITY ZONES, MEDICALLY UNDERSERVED

3 AREAS, OR AREAS WITH A MEDICALLY UNDER4 SERVED POPULATION.—A grant awarded under 

5 this section for a capital project in a qualified 

6 opportunity zone, a medically underserved area, 

7 or areas with a medically underserved popu8 lation shall be for 90 percent of the net costs 

9 of the project, as determined by the Sec10 retary.’’; 

11 (2) in paragraph (2) by adding at the end the 

12 following: 

13 ‘‘(C) PROJECTS IN QUALIFIED OPPOR14 TUNITY ZONES, MEDICALLY UNDERSERVED

15 AREAS, OR AREAS WITH A MEDICALLY UNDER16 SERVED POPULATION.—A grant awarded under 

17 this section for a capital project in a qualified 

18 opportunity zone, a medically underserved area, 

19 or an area with a medically underserved popu20 lation shall be for 62.5 percent of the Federal 

21 Government share provided for under para22 graph (1)(B).’’; and 

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

24 ‘‘(6) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) QUALIFIED OPPORTUNITY ZONE.— 

2 The term ‘qualified opportunity zone’ has the 

3 meaning given such term section 1400Z–1 of 

4 the Internal Revenue Code of 1986. 

5 ‘‘(B) MEDICALLY UNDERSERVED AREAS; 

6 AN AREA WITH A MEDICALLY UNDERSERVED

7 POPULATION.—The term ‘medically under8 served areas’ or ‘an area with a medically un9 derserved population’ means an area or popu10 lations that are designated as medically under11 served by the Secretary of Health and Human 

12 Services pursuant to section 330(b)(3) of the 

13 Public Health Service Act (42 U.S.C. 

14 254b(b)(3)).’’. 

15 SEC. 3006. NON-EMERGENCY MEDICAL TRANSPORTATION. 

16 (a) RESEARCH PROJECT ELIGIBILITY.—Section 

17 5312(c)(2) of title 49, United States Code, is amended— 

18 (1) in subparagraph (M), by striking ‘‘or’’ at 

19 the end; 

20 (2) by redesignating subparagraph (N) as sub21 paragraph (O); and 

22 (3) by inserting after subparagraph (M) the fol23 lowing: 

24 ‘‘(N) access to hospitals and healthcare 

25 providers in areas underserved by transit or 


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1 with limited public transportation options, as 

2 determined by the Secretary; or’’. 

3 (b) INNOVATION AND DEVELOPMENT PROJECT ELI4 GIBILITY.—Section 5312(d)(2) of title 49, United States 

5 Code, is amended— 

6 (1) in subparagraph (G), by striking ‘‘or’’ at 

7 the end; 

8 (2) by redesignating subparagraph (H) as sub9 paragraph (I); and 

10 (3) by inserting after subparagraph (G) the fol11 lowing: 

12 ‘‘(H) public transportation projects that 

13 improve health care access and outcomes; or’’. 

14 (c) DEMONSTRATION, DEPLOYMENT, AND EVALUA15 TION PROJECT ELIGIBILITY.—Section 5312(e)(3) of title 

16 49, United States Code, is amended— 

17 (1) in subparagraph (B), by striking ‘‘or’’ at 

18 the end; 

19 (2) in subparagraph (C), by striking the period 

20 and inserting ‘‘; or’’; and 

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

22 ‘‘(D) the deployment of public transpor23 tation projects or practices that— 

24 ‘‘(i) achieve measurable improvements 

25 in transportation access to health care for 


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1 medically underserved areas or popu2 lations, as designated by the Health Re3 sources and Services Administration pursu4 ant to section 330(b)(3) of the Public 

5 Health Service Act (42 U.S.C. 

6 254b(b)(3)); 

7 ‘‘(ii) implement transportation strate8 gies for addressing significant health needs 

9 as identified by a community health needs 

10 assessment pursuant to the requirements 

11 of section 501(r)(3)(A) of the Internal 

12 Revenue Code of 1986; or 

13 ‘‘(iii) eliminate or reduce transpor14 tation barriers to accessing health care 

15 that are identified and prioritized in the 

16 coordinated public transit-human services 

17 transportation plan described in section 

18 5310(e)(2)(A).’’. 

19 SEC. 3007. TECHNICAL ASSISTANCE AND WORKFORCE DE20 VELOPMENT. 

21 (a) IN GENERAL.—Section 5314(a) of title 49, 

22 Unites States Code, is amended— 

23 (1) in paragraph (2)— 

24 (A) in subparagraph (H) by striking ‘‘and’’ 

25 at the end; 


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1 (B) by redesignating subparagraph (I) as 

2 subparagraph (J); and 

3 (C) by inserting after subparagraph (H) 

4 the following: 

5 ‘‘(I) provide innovation and capacity-build6 ing to rural and tribal public transportation re7 cipients but that do not duplicate the activities 

8 of sections 5311(b) or 5312; and’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(5) AVAILABILITY OF AMOUNTS.—Of the 

11 amounts made available to carry out this section 

12 under section 5338(c), such sums as necessary shall 

13 be available to carry out activities described in para14 graph (2)(I).’’. 

15 (b) AVAILABILITY OF AMOUNTS.—Section 

16 5314(c)(4)(A) of title 49, United States Code, is amended 

17 by inserting ‘‘5311,’’ after ‘‘5307,’’. 

18 SEC. 3008. GENERAL PROVISIONS. 

19 (a) REASONABLE ACCESS TO PUBLIC TRANSPOR20 TATION FACILITIES.—Section 5323 of title 49, United 

21 States Code, is amended by striking subsection (r) and 

22 inserting the following: 

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 

3 for a private or charter transportation operator to 

4 federally funded public transportation facilities, in5 cluding intermodal facilities, park and ride lots, and 

6 bus-only highway lanes. In determining reasonable 

7 access, capacity requirements of the recipient of as8 sistance and the extent to which access would be 

9 detrimental or beneficial to existing public transpor10 tation services must be considered. A recipient shall 

11 respond to any request for reasonable access within 

12 90 days of the receipt of the request. 

13 ‘‘(2) RESPONSE TO REQUEST.— 

14 ‘‘(A) IN GENERAL.—If a recipient of as15 sistance under this chapter fails to respond to 

16 a request within the 90-day period described in 

17 paragraph (1), the operator may seek assist18 ance from the Secretary to obtain a response. 

19 ‘‘(B) DENIAL OF ACCESS.—If a recipient 

20 of assistance under this chapter denies access 

21 to a private intercity or charter transportation 

22 operator based on the reasonable access stand23 ards provided in paragraph (1), the recipient 

24 shall provide, in writing, the reasons for the de25 nial.’’. 


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1 (b) WAIVERS AND DEFERRALS; ADMINISTRATIVE

2 OPTION.—Section 5323 of title 49, United States Code, 

3 is further amended by striking subsection (t) and inserting 

4 the following: 

5 ‘‘(t) WAIVERS AND DEFERRALS; ADMINISTRATIVE

6 OPTION.— 

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 

12 service, or that receive financial assistance under 

13 both sections 5307 and 5311 of this chapter. 

14 ‘‘(2) GUIDANCE REQUIRED.—Not later than 

15 180 days of enactment of the Federal Public Trans16 portation Act of 2021, the Secretary shall publish 

17 guidance for recipients of assistance under this 

18 chapter that operate 10 or fewer buses in service or 

19 that receive financial assistance under both of sec20 tions 5307 and 5311 concerning— 

21 ‘‘(A) which specific requirements may be 

22 considered for waivers, exemptions, deferrals, or 

23 simplified levels of compliance by recipients of 

24 assistance described in paragraph (1); 


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1 ‘‘(B) the process by which recipients of as2 sistance described in paragraph (1) may request 

3 such waivers, exemptions, deferrals, or sim4 plified levels of compliance; 

5 ‘‘(C) the criteria by which the Secretary 

6 shall evaluate and act upon such requests; 

7 ‘‘(D) the terms and conditions the Sec8 retary shall attach to any waiver, exemption, 

9 deferral or simplified level of compliance that is 

10 awarded under paragraph (1); 

11 ‘‘(E) actions the Secretary may take if a 

12 recipient fails to comply the terms and condi13 tions attached to a waiver, exemption, deferral, 

14 or simplified level of compliance that has been 

15 awarded under paragraph (1); and 

16 ‘‘(F) the circumstances under which the 

17 Secretary may use this paragraph to award a 

18 waiver, exemption, deferral or simplified level of 

19 compliance to a recipient of assistance under 

20 this chapter and described in this paragraph. 

21 ‘‘(3) MAINTAIN SAFETY.—The Secretary shall 

22 not take any action under this subsection that would 

23 degrade safety to lives or property. 

24 ‘‘(4) REPORT.—The Secretary shall submit to 

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1 fairs of the Senate and the Committee of Transpor2 tation and Infrastructure of the House of Represent3 atives an annual report detailing the requests and 

4 actions that have been taken under this subsection 

5 in the preceding 12 months.’’. 

6 (c) THRESHOLD FOR THE SALE OF TRANSIT VEHI7 CLES AFTER SERVICE LIFE.—Section 5323 of title 49, 

8 United States Code, is further amended by adding at the 

9 end the following: 

10 ‘‘(w) THRESHOLD FOR THE SALE OF TRANSIT VEHI11 CLES AFTER SERVICE LIFE.—Notwithstanding any other 

12 provision of law, for programs under this chapter the 

13 threshold amount for transit vehicles after the service life 

14 is reached shall be 20 percent of the original acquisition 

15 cost of the purchased equipment. For transit vehicles sold 

16 for an amount above such amount, the threshold amount 

17 shall be retained by the transit agency upon sale of the 

18 asset for use by the transit agency for the purpose or oper19 ating or capital expenditures, and the remainder shall be 

20 remitted to the Secretary and shall be deposited into the 

21 Mass Transit Account of the Highway Trust Fund. If 

22 such a vehicle is sold for an amount below or equal to 

23 the threshold amount, the transit agency shall retain all 

24 funds from the sale.’’. 


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1 SEC. 3009. APPORTIONMENTS. 

2 Section 5336(h)(3) of title 49, United States Code, 

3 is amended to read as follows: 

4 ‘‘(3) of amount not apportioned under para5 graphs (1) and (2), 3 percent shall be apportioned 

6 to urbanized areas with populations of less than 

7 200,000 in accordance with subsection (i);’’. 

8 SEC. 3010. GRANTS FOR BUS AND BUS FACILITIES. 

9 Section 5339 of title 49, United States Code is 

10 amended— 

11 (1) in subsection (a)(5) by striking subpara12 graph (A) and inserting the following: 

13 ‘‘(A) NATIONAL DISTRIBUTION.—For each 

14 of fiscal years 2022 through 2026, each State 

15 shall be allocated 0.6 percent of the amount 

16 made available under section 5338(a)(2)(L) and 

17 each territory shall be allocated 0.15 percent of 

18 such amount.’’; 

19 (2) in subsection (b)(5) by striking ‘‘10’’ and 

20 inserting ‘‘20’’; and 

21 (3) in subsection (c)— 

22 (A) in paragraph (1)(E)— 

23 (i) in clause (i) by striking ‘‘; or’’ and 

24 inserting a semicolon; 

25 (ii) in clause (ii) by striking the semi26 colon and inserting ‘‘; or’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(iii) with respect to projects in rural 

4 areas, any passenger vehicle that is 

5 equipped with any technology, including 

6 compressed natural gas and liquefied nat7 ural gas that reduces energy consumption 

8 or harmful emissions, including direct car9 bon emissions, when compared to a diesel 

10 powered vehicle;’’; 

11 (B) in paragraph (3)(A) by striking ‘‘re12 quirements of section 5307’’ and inserting the 

13 following: ‘‘requirements of— 

14 ‘‘(i) for eligible recipients of grants 

15 made in urbanized areas, section 5307; 

16 and 

17 ‘‘(ii) for eligible recipients of grants 

18 made in rural areas, section 5311.’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(8) DISTRIBUTION OF GRANT FUNDS.—Of the 

21 funds allocated under section 5338(a)(2)(M) for no 

22 or low emission grants under section 5339(c), not 

23 less than 10 percent of the amounts shall be distrib24 uted to projects in rural areas.’’. 


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1 SEC. 3011. ELIMINATION OF APPORTIONMENTS BASED ON 

2 HIGH DENSITY STATE FACTORS. 

3 (a) IN GENERAL.—Section 5340 of title 49, United 

4 States Code, is amended— 

5 (1) in subsection (b) by striking ‘‘and sub6 section (d)’’; and 

7 (2) by striking subsection (d). 

8 (b) TECHNICAL CORRECTIONS.—Section 5340 of title 

9 49, United States Code, is amended— 

10 (1) in subsection (b) by striking 

11 ‘‘5338(b)(2)(N)’’ and inserting ‘‘5338(a)(2)(N)’’; 

12 and 

13 (2) in subsection (c)(1) by striking ‘‘subsection 

14 (b)(1)’’ and inserting ‘‘subsection (b)’’. 

15 SEC. 3012. INNOVATIVE MOBILITY AND TECHNOLOGY DE16 PLOYMENT GRANTS. 

17 (a) IN GENERAL.—Chapter 53 of title 49, United 

18 States Code, is amended by inserting after section 5312 

19 the following: 

20 ‘‘§ 5313. Innovative mobility and technology deploy21 ment grants 

22 ‘‘(a) AUTHORITY.—The Secretary shall establish an 

23 innovative mobility and technology deployment grants pro24 gram to award grants to entities described in subsection 

25 (b) to assist in financing of public transportation projects 

26 that— 


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1 ‘‘(1) allow for the integration of mobility serv2 ices or technologies in public transportation services, 

3 including traveler information, trip planning infor4 mation, new or expanded reservation capabilities, in5 tegrated payment solutions, fare automation, or de6 livery designs to improve options in public transpor7 tation; 

8 ‘‘(2) advance first-mile, last-mile, late night, or 

9 low density services that connect riders to public 

10 transportation, including— 

11 ‘‘(A) microtransit; 

12 ‘‘(B) commuter busing; or 

13 ‘‘(C) commuter highway vehicles; 

14 ‘‘(3) advance on demand complementary para15 transit services; 

16 ‘‘(4) provide accessibility and connectivity for 

17 rural areas not being adequately served by public 

18 transportation, as determined by the Secretary; 

19 ‘‘(5) expand high-performing public transpor20 tation business models that increase access to public 

21 transportation; or 

22 ‘‘(6) provide any other transit service that the 

23 Secretary determines appropriate to meet the pur24 poses of this section. 


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1 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible for a grant 

2 under this section, an entity shall be— 

3 ‘‘(1) a State or local government; or 

4 ‘‘(2) a publicly owned operator of public trans5 portation. 

6 ‘‘(c) APPLICATION.—To be eligible to receive a grant 

7 under this section, an entity described in subsection (b) 

8 shall submit to the Secretary an application in such form 

9 and contain such information as the Secretary may re10 quire. 

11 ‘‘(d) RULEMAKING.—The Secretary shall— 

12 ‘‘(1) issue such regulations as are necessary to 

13 carry out this section, and publish such regulations 

14 in the Federal Register, not later than 270 days 

15 after the date of enactment of this section; and 

16 ‘‘(2) in issuing such regulations, solicit and re17 ceive comments from stakeholders not later than 

18 180 days after the date of enactment of this section. 

19 ‘‘(e) GRANT REQUIREMENTS.—The Secretary may 

20 approve modified grant requirements for projects carried 

21 out using a grant under this section. 

22 ‘‘(f) LIMITATIONS.— 

23 ‘‘(1) PERIOD OF GRANT.—A grant under this 

24 section shall be for a 3-year period beginning on the 


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1 date on which the first payment of any amount 

2 under the grant is provided to an eligible entity. 

3 ‘‘(2) RURAL GRANT MINIMUM.—The Secretary 

4 shall award not less than 20 percent of the total 

5 amounts made available to carry out this section to 

6 support activities described under subsection (a) in 

7 rural areas. 

8 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The 

9 Federal share of the total project cost of a project 

10 carried out under this section may not exceed 80 

11 percent. 

12 ‘‘(4) ALLOCATION.—Of the amounts authorized 

13 to be appropriated to carry out this section for each 

14 fiscal year, not more than 20 percent may be award15 ed under subsection (a) to a single entity. 

16 ‘‘(g) BEST PRACTICES.—The Secretary shall annu17 ally collect from, review, and disseminate to public trans18 portation agencies findings or best practices from projects 

19 funded under this section. 

20 ‘‘(h) DEFINITIONS.—In this section: 

21 ‘‘(1) COMMUTER HIGHWAY VEHICLE.—The 

22 term ‘commuter highway vehicle’ has the meaning 

23 given such term in section 132(f)(5)(B) of the Inter24 nal Revenue Code of 1986. 


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1 ‘‘(2) HIGH-PERFORMING PUBLIC TRANSPOR2 TATION.—The term ‘high-performing public trans3 portation’ means a public transportation service, 

4 whether provided by a public agency, private non5 profit, or for-profit organization, that is able to col6 lect all operating costs through fare-box revenue or 

7 other dedicated sources for an activity and increases 

8 access to public transportation. 

9 ‘‘(3) MICRO-TRANSIT.—The term ‘micro-transit’ 

10 means internet-enabled, public transportation serv11 ices that use dynamically generated routes calculated 

12 by algorithms developed to increase the occupancy of 

13 vehicles.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 53 of title 49, United States Code, is amended by in16 serting after section 5312 the following: 

‘‘5313. Innovative mobility and technology deployment grants.’’. 

17 SEC. 3013. EXPEDITED PROJECT DELIVERY FOR CAPITAL 

18 INVESTMENT GRANTS. 

19 Section 3005(b)(3)(A) of the FAST Act (49 U.S.C. 

20 5309 note) is amended— 

21 (1) in clause (iv)(V) by adding ‘‘and’’ at the 

22 end; 

23 (2) in clause (v) by striking ‘‘; and’’ and insert24 ing a period; and 

25 (3) by striking clause (vi). 


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1 TITLE IV—HIGHWAY TRAFFIC 

2 SAFETY 

3 SEC. 4001. FUNDING AND GRANT REQUIREMENTS. 

4 The funds provided for programs under chapter 4 of 

5 title 23, United States Code, and chapter 303 of title 49, 

6 United States Code, shall be subject to the following re7 quirements, as applicable: 

8 (1) APPLICABILITY OF TITLE 23.—Except as 

9 otherwise provided in chapter 4 of title 23, United 

10 States Code, and chapter 303 of title 49, United 

11 States Code, amounts made available under sub12 section (a) for fiscal years 2022 through 2026 shall 

13 be available for obligation in the same manner as if 

14 such funds were apportioned under chapter 1 of title 

15 23, United States Code. 

16 (2) STATE MATCHING REQUIREMENTS.—If a 

17 grant awarded under chapter 4 of title 23, United 

18 States Code, requires a State to share in the cost, 

19 the aggregate of all expenditures for highway safety 

20 activities made during a fiscal year by the State and 

21 its political subdivisions (exclusive of Federal funds) 

22 for carrying out the grant (other than planning and 

23 administration) shall be available for the purpose of 

24 crediting the State during such fiscal year for the 

25 non-Federal share of the cost of any other project 


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1 carried out under chapter 4 of title 23, United 

2 States Code (other than planning or administration), 

3 without regard to whether such expenditures were 

4 made in connection with such project. 

5 (3) GRANT APPLICATION AND DEADLINE.—To 

6 receive a grant under chapter 4 of title 23, United 

7 States Code, a State shall submit an application, 

8 and the Secretary shall establish a single deadline 

9 for such applications to enable the award of grants 

10 early in the next fiscal year. 

11 (4) PROHIBITION ON OTHER USES.—Except as 

12 otherwise provided in chapter 4 of title 23, United 

13 States Code, and chapter 303 of title 49, United 

14 States Code, the amounts made available from the 

15 Highway Trust Fund (other than the Mass Transit 

16 Account) for a program under such chapters— 

17 (A) shall only be used to carry out such 

18 program; and 

19 (B) may not be used by States or local 

20 governments for construction purposes. 

21 SEC. 4002. HIGHWAY SAFETY RESEARCH AND DEVELOP22 MENT. 

23 (a) IN GENERAL.—Section 403 of title 23, United 

24 States Code, is amended— 


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1 (1) in subsection (h) by striking paragraph (2) 

2 and inserting the following: 

3 ‘‘(2) FUNDING.—The Secretary shall obligate 

4 such sums as are necessary for each of fiscal years 

5 2022 through 2024 from the funds made available 

6 to carry out this section to conduct the research de7 scribed in paragraph (1).’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(k) DRUG-IMPAIRED DRIVING PREVENTION PILOT

10 PROGRAM.— 

11 ‘‘(1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of the STARTER Act 2.0, the 

13 Secretary shall establish a pilot program to create, 

14 and study the effects of, a public awareness cam15 paign to reduce instances of driving while under the 

16 influence of prescription and over-the-counter medi17 cations. 

18 ‘‘(2) LOCATIONS.—The Secretary shall imple19 ment the pilot program in States that are, or a re20 gion that is, most affected by the opioid epidemic, as 

21 measured by the most recent opioid-involved over22 dose deaths per 10,000 persons, as reported by the 

23 Centers for Disease Control and Prevention. 

24 ‘‘(3) SUNSET.—The authority of the Secretary 

25 under paragraph (1) shall terminate on the date 


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1 that is 2 years after the date on which the pilot pro2 gram is established pursuant to paragraph (1). 

3 ‘‘(4) REPORT.—Not later than 1 year after the 

4 date of termination of the pilot program described in 

5 paragraph (3), the Secretary shall submit to the 

6 Committee on Transportation and Infrastructure of 

7 the House of Representatives and the Committee on 

8 Commerce, Science, and Transportation of the Sen9 ate a report on the results of the study of the effects 

10 of the public awareness and enforcement campaign. 

11 ‘‘(l) RESEARCH AND TRAINING ON MARIJUANA DE12 TECTION.— 

13 ‘‘(1) IN GENERAL.—The Administrator of the 

14 National Highway Traffic Safety Administration 

15 shall carry out a collaborative research effort to 

16 study the effect that marijuana use has on driving 

17 and research ways to detect and reduce incidences of 

18 driving under the influence of marijuana. 

19 ‘‘(2) REPORTS.—The Administrator shall sub20 mit to the Committee on Commerce, Science, and 

21 Transportation of the Senate and the Committee on 

22 Transportation and Infrastructure of the House of 

23 Representatives an annual report that— 

24 ‘‘(A) describes the progress made in car25 rying out the collaborative research effort; and 


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1 ‘‘(B) includes an accounting for the use of 

2 Federal funds obligated or expended in carrying 

3 out such effort.’’. 

4 (b) STUDY OF ILLEGAL PASSING OF SCHOOL

5 BUSES.—Section 403 of title 23, United States Code, is 

6 further amended by adding at the end the following: 

7 ‘‘(m) STUDY OF ILLEGAL PASSING OF SCHOOL

8 BUSES.— 

9 ‘‘(1) IN GENERAL.—The Comptroller General of 

10 the Unites States shall conduct a study on illegal 

11 passing of school buses by motor vehicles. 

12 ‘‘(2) STUDY ELEMENTS.—In completing the 

13 study under paragraph (1), the Comptroller General 

14 shall compile and examine the following issues re15 lated to illegal passing of school buses: 

16 ‘‘(A) Description of illegal passing laws in 

17 each State relating to school buses. 

18 ‘‘(B) Identification of laws that may affect 

19 or intersect with illegal school bus passing laws. 

20 ‘‘(C) Description of how each State en21 forces such laws. 

22 ‘‘(D) Evaluation of methods that each 

23 State uses to review, document, and report to 

24 law enforcement school bus stop-arm violations 

25 and illegal school bus passing. 


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1 ‘‘(E) Review of driver education materials. 

2 ‘‘(F) Identification of best practices relat3 ing to the most effective approaches to address 

4 illegal passing of school buses. 

5 ‘‘(3) REPORT.—Not later than 2 years after the 

6 date of enactment of the STARTER Act 2.0 the 

7 Comptroller General shall submit to the Committee 

8 on Transportation and Infrastructure of the House 

9 of Representatives and the Committee on Commerce, 

10 Science, and Transportation of the Senate a report 

11 on the results of the study under paragraph (1). 

12 ‘‘(n) PUBLIC SAFETY MEDIA PROGRAMS.— 

13 ‘‘(1) CHILD HEATSTROKE.—Not later than 1 

14 year after the date of enactment of the STARTER 

15 Act 2.0, the Secretary shall establish and implement 

16 a public safety messaging program to educate the 

17 public and reduce heatstroke related deaths of chil18 dren in unattended vehicles. 

19 ‘‘(2) ILLEGAL PASSING OF SCHOOL BUSES.— 

20 Not later than 18 months after the date of enact21 ment of this subsection, the Secretary shall establish 

22 and implement a public safety messaging program to 

23 educate the public and reduce the illegal passing of 

24 school buses.’’. 


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1 SEC. 4003. NATIONAL PRIORITY SAFETY PROGRAMS. 

2 Section 405(a)(9)(A) of title 23, United States Code, 

3 is amended by striking ‘‘date of enactment of the FAST 

4 Act’’ and inserting ‘‘date of enactment of the STARTER 

5 Act 2.0’’. 

6 SEC. 4004. NATIONAL PRIORITY SAFETY PROGRAM GRANT 

7 ELIGIBILITY. 

8 Section 4010 of the FAST Act (23 U.S.C. 405 note) 

9 is amended— 

10 (1) by striking ‘‘the date on which the Sec11 retary awards’’ and inserting ‘‘each occurrence of 

12 the Secretary awarding’’; and 

13 (2) by striking ‘‘a publicly available Internet 

14 Web site of the Department’’ and inserting ‘‘the 

15 website of the Department’’. 

16 TITLE V—MOTOR CARRIER 

17 SAFETY 

18 SEC. 5001. FUNDING AND GRANT REQUIREMENTS. 

19 The funds provided for programs under chapter 311 

20 of title 49, United States Code, shall be subject to the 

21 following requirements: 

22 (1) APPLICABILITY OF TITLE 23.—Except as 

23 otherwise provided in chapter 311 of title 49, United 

24 States Code, amounts made available under sub25 section (a) for fiscal years 2022 through 2026 shall 

26 be available for obligation in the same manner as if 


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1 such funds were apportioned under chapter 1 of title 

2 23, United States Code. 

3 (2) STATE MATCHING REQUIREMENTS.—If a 

4 grant awarded under chapter 311 of title 49, United 

5 States Code, requires a State to share in the cost, 

6 the aggregate of all expenditures for highway safety 

7 activities made during a fiscal year by the State and 

8 its political subdivisions (exclusive of Federal funds) 

9 for carrying out the grant (other than planning and 

10 administration) shall be available for the purpose of 

11 crediting the State during such fiscal year for the 

12 non-Federal share of the cost of any other project 

13 carried out under chapter 311 of title 49, United 

14 States Code (other than planning or administration), 

15 without regard to whether such expenditures were 

16 made in connection with such project. 

17 (3) GRANT APPLICATION AND DEADLINE.—To 

18 receive a grant under chapter 311 of title 49, United 

19 States Code, a State shall submit an application, 

20 and the Secretary shall establish a single deadline 

21 for such applications to enable the award of grants 

22 early in the next fiscal year. 

23 (4) PROHIBITION ON OTHER USES.—Except as 

24 otherwise provided in chapter 311 of title 49, United 

25 States Code, the amounts made available from the 


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1 Highway Trust Fund (other than the Mass Transit 

2 Account) for a program under such chapters— 

3 (A) shall only be used to carry out such 

4 program; and 

5 (B) may not be used by States or local 

6 governments for construction purposes. 

7 SEC. 5002. COMPLIANCE, SAFETY, AND ACCOUNTABILITY 

8 REFORM. 

9 (a) MOTOR CARRIER SAFETY GRANTS.— 

10 (1) IN GENERAL.— 

11 (A) SELECTION STANDARD.—For any ap12 plicable legal requirement with respect to a cov13 ered entity contracting with a covered motor 

14 carrier for the shipment of goods or household 

15 goods, the covered entity shall be considered 

16 reasonable and prudent in the selection of such 

17 motor carrier if the covered entity verifies, not 

18 later than the date of shipment and not earlier 

19 than 45 days before the date of shipment, that 

20 the covered motor carrier— 

21 (i) is registered under section 13902 

22 of title 49, United States Code, as a motor 

23 carrier or household goods motor carrier; 


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1 (ii) has at least the minimum insur2 ance coverage required by Federal and 

3 State law; and 

4 (iii) is not determined unfit to operate 

5 safely commercial motor vehicles under 

6 section 31144 of title 49, United States 

7 Code, or otherwise ordered to discontinue 

8 operations by the Federal Motor Carrier 

9 Safety Administration (including not re10 newing a Department of Transportation 

11 registration number) or a State. 

12 (B) SUNSET.—The standard established 

13 under subparagraph (A) shall sunset on the ef14 fective date of a regulation issued pursuant to 

15 paragraph (3). 

16 (2) REVOCATION OF REGISTRATION.—Section 

17 31144(a) of title 49, United States Code, is amend18 ed— 

19 (A) in paragraph (3) by striking ‘‘and’’; 

20 (B) in paragraph (4) by striking the period 

21 and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(5) prescribe by regulation a process for revok24 ing the registration of an owner or operator deterVerDate Sep 11 2014 22:49 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H3341.IH H3341

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1 mined unfit to operate safely a commercial motor ve2 hicle under this section.’’. 

3 (3) RULEMAKING.— 

4 (A) IN GENERAL.—Not later than 18 

5 months after the date of enactment of this Act, 

6 the Secretary of Transportation shall— 

7 (i) update and revise the regulations 

8 issued pursuant to subsection (b) of sec9 tion 31144 of title 49, United States Code, 

10 to include the requirements of paragraph 

11 (1); and 

12 (ii) issue such regulations as are nec13 essary to carry out section 31144(a)(5) of 

14 title 49, United States Code, as added by 

15 this Act. 

16 (B) FACTORS FOR AN UNSATISFACTORY

17 RATING.—The regulations updated under sub18 paragraph (A)(i) shall provide a procedure for 

19 the Secretary to determine if a motor carrier is 

20 not fit to operate a commercial motor vehicle in 

21 or affecting interstate commerce in accordance 

22 with section 31144 of title 49, United States 

23 Code. 


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1 (4) SAVINGS CLAUSE.—Nothing in this section 

2 shall be construed to preempt or supercede any 

3 State law or regulation relating to drayage. 

4 (5) DEFINITIONS.—In this section: 

5 (A) COVERED ENTITY.—The term ‘‘cov6 ered entity’’ means a person acting as— 

7 (i) a shipper or cosignee of goods, ex8 cept that such term does not mean a per9 son acting as an individual shipper (as 

10 such term is defined in section 13103 of 

11 title 49, United States Code); 

12 (ii) a broker, a freight forwarder, or a 

13 household goods freight forwarder (as such 

14 terms are defined in section 13102 of title 

15 49, United States Code); 

16 (iii) an ocean transportation inter17 mediary (as such term is defined in section 

18 40102 of title 46, United States Code), 

19 when arranging for inland transportation 

20 as part of an international through move21 ment involving ocean transportation be22 tween the United States and a foreign 

23 port; 

24 (iv) an indirect air carrier holding a 

25 Standard Security Program approved by 


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1 the Transportation Security Administra2 tion only to the extent that the indirect air 

3 carrier is engaging in the activities as an 

4 air carrier defined in paragraph (2) or (3) 

5 of section 40102 of title 49, United States 

6 Code; 

7 (v) a customs broker licensed in ac8 cordance with section 111.2 of title 19, 

9 Code of Federal Regulations, only to the 

10 extent that the customs broker is engaging 

11 in a movement under a customs bond or in 

12 a transaction involving customs business, 

13 as defined by section 111.1 of title 19, 

14 Code of Federal Regulations; or 

15 (vi) a motor carrier registered under 

16 chapter 139 of title 49, United States 

17 Code. 

18 (B) COVERED MOTOR CARRIER.—The term 

19 ‘‘covered motor carrier’’ means a motor carrier 

20 or a household goods motor carrier (as such 

21 terms are defined in section 13102 of title 49, 

22 United States Code) that is subject to Federal 

23 motor carrier financial responsibility and safety 

24 regulations. 


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1 (C) HOUSEHOLD GOODS.—The term 

2 ‘‘household goods’’ has the meaning given such 

3 term in section 13102 of title 49, United States 

4 Code. 

5 (b) REMOTE AUDIT.—Section 31144 of title 49, 

6 United States Code, is amended by adding at the end the 

7 following: 

8 ‘‘(j) REMOTE AUDITS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish a pilot program to conduct remote compliance 

11 reviews under subpart A of part 385 of title 49, 

12 Code of Federal Regulations, to assign a safety rat13 ing for commercial motor carriers. 

14 ‘‘(2) CONTENTS.—In conducting the pilot pro15 gram, the Secretary shall— 

16 ‘‘(A) use the same standards that would 

17 otherwise be applicable to commercial motor 

18 carriers; 

19 ‘‘(B) apply the procedures of part 385 of 

20 title 49, Code of Federal Regulations, including 

21 the safety fitness rating methodology under ap22 pendix B, prior to assigning a safety rating 

23 under such pilot program; 


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1 ‘‘(C) assign safety ratings regardless of 

2 whether an on-site review of activities has taken 

3 place; and 

4 ‘‘(D) leverage all available technology to 

5 access information and records. 

6 ‘‘(3) ELIGIBLE PARTICIPANTS.— 

7 ‘‘(A) IN GENERAL.—Motor carriers that 

8 are eligible to participate in the pilot program 

9 under this subsection shall— 

10 ‘‘(i) voluntarily agree to participate in 

11 such pilot program; and 

12 ‘‘(ii) be able to opt-out of participa13 tion in such pilot program at any time. 

14 ‘‘(B) PROHIBITION ON PARTICIPATION.— 

15 Motor carriers that transport hazardous mate16 rials or passengers shall be prohibited from par17 ticipating in the pilot program under this sec18 tion. 

19 ‘‘(4) AUTHORIZED AGENTS.—Remote compli20 ance reviews conducted under the pilot program 

21 under this section may be conducted by— 

22 ‘‘(A) Federal Motor Carrier Safety Admin23 istration personnel; 


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1 ‘‘(B) State commercial motor vehicle au2 thorities that meet acceptable standards set 

3 forth by the Secretary; or 

4 ‘‘(C) private contractors that meet accept5 able standards set forth by the Secretary. 

6 ‘‘(5) AVAILABILITY OF SAFETY RATINGS.— 

7 Safety ratings determined under the pilot program 

8 under this subsection may not be released publicly 

9 by the Secretary or by any authorized agent de10 scribed in paragraph (4) that is participating in the 

11 pilot program under this subsection.’’. 

12 SEC. 5003. ENTRY-LEVEL DRIVER TRAINING REGULATIONS. 

13 (a) IN GENERAL.—Not later than February 7, 2023, 

14 the Secretary of Transportation shall implement the min15 imum training requirements for entry-level commercial 

16 motor vehicle operators published in the final rule issued 

17 by the Federal Motor Carrier Safety Administration on 

18 December 8, 2016, titled ‘‘Minimum Training Require19 ments for Entry-Level Commercial Motor Vehicle Opera20 tors’’ (81 Fed. Reg. 88732). 

21 (b) TRAINING PROVIDER REGISTRY DEPLOYMENT.— 

22 Not later than October 1, 2022, the Federal Motor Carrier 

23 Safety Administration shall deploy the training provider 

24 registry referenced in the final regulation issued by the 

25 Administration on December 8, 2016, titled ‘‘Minimum 


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1 Training Requirements for Entry-Level Commercial 

2 Motor Vehicle Operators’’ (81 Fed. Reg. 88732) to allow 

3 training providers to sign up prior to the implementation 

4 date described in subsection (a). 

5 (c) REPORT TO CONGRESS.—Not later than Feb6 ruary 7, 2022, and every 90 days thereafter until the im7 plementation of the requirements described in subsection 

8 (a), the Secretary of Transportation shall submit to the 

9 Committee on Transportation and Infrastructure of the 

10 House of Representatives and the Committee on Com11 merce, Science, and Transportation of the Senate a report 

12 describing— 

13 (1) the status of the training provider registry 

14 described in subsection (b); and 

15 (2) the Federal and State efforts to implement 

16 the final rule described in subsection (a). 

17 (d) REPORT ON NONCOMPLIANCE.—Not later than 

18 45 days after the date on which compliance with the final 

19 rule described in subsection (a) is required under such 

20 subsection, the Secretary of Transportation shall submit 

21 to the Committee on Transportation and Infrastructure 

22 of the House of Representatives and the Committee on 

23 Commerce, Science, and Transportation of the Senate a 

24 report containing a list of all States in substantial non25 compliance with such final rule. 


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1 SEC. 5004. TRUCKING INDUSTRY WORKFORCE DEVELOP2 MENT. 

3 (a) DEFINITIONS.—In this section: 

4 (1) APPRENTICE.—The term ‘‘apprentice’’ 

5 means an employee under the age of 21 who holds 

6 a commercial driver’s license required to operate a 

7 class of vehicles described in part 383 of title 49, 

8 Code of Federal Regulations, and any successor reg9 ulations. 

10 (2) COMMERCIAL DRIVER’S LICENSE.—The 

11 term ‘‘commercial driver’s license’’ has the meaning 

12 given the term in section 31301 of title 49, United 

13 States Code. 

14 (3) COMMERCIAL MOTOR VEHICLE.—The term 

15 ‘‘commercial motor vehicle’’ means a commercial 

16 motor vehicle that meets the definition under para17 graph (1) or (4) of the definition of the term ‘‘com18 mercial motor vehicle’’ in section 390.5 of title 49, 

19 Code of Federal Regulations (as in effect on the 

20 date of enactment of this Act). 

21 (4) DRIVING TIME.—The term ‘‘driving time’’ 

22 has the meaning given the term in section 395.2 of 

23 title 49, Code of Federal Regulations (as in effect on 

24 the date of enactment of this Act). 


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1 (5) EMPLOYEE.—The term ‘‘employee’’ has the 

2 meaning given such term in section 31132 of title 

3 49, United States Code. 

4 (6) EMPLOYER.—The term ‘‘employer’’ has the 

5 meaning given such term in section 31132 of title 

6 49, United States Code. 

7 (7) EXPERIENCED DRIVER.—The term ‘‘experi8 enced driver’’ means an individual who— 

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

10 (B) has held a commercial driver’s license 

11 for the 2-year period ending on the date on 

12 which the individual serves as an experienced 

13 driver under subsection (c)(3)(B); 

14 (C) has had no preventable accidents re15 portable to the Department of Transportation 

16 or pointed moving violations during the 1-year 

17 period ending on the date on which the indi18 vidual serves as an experienced driver under 

19 subsection (c)(3)(B); and 

20 (D) has a minimum of 2 years of experi21 ence driving a commercial motor vehicle in 

22 interstate commerce. 

23 (8) ON-DUTY TIME.—The term ‘‘on-duty time’’ 

24 has the meaning given the term in section 395.2 of 


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1 title 49, Code of Federal Regulations (as in effect on 

2 the date of enactment of this Act). 

3 (9) POINTED MOVING VIOLATION.—The term 

4 ‘‘pointed moving violation’’ means a violation that 

5 results in points being added to the license of a driv6 er, or a similar comparable violation, as determined 

7 by the Secretary. 

8 (10) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of Transportation. 

10 (b) APPRENTICE.—An apprentice may— 

11 (1) drive a commercial motor vehicle in inter12 state commerce while taking part in the 120-hour 

13 probationary period under subsection (c)(1) or the 

14 280-hour probationary period under subsection 

15 (c)(2), pursuant to an apprenticeship program estab16 lished by an employer in accordance with this sec17 tion; and 

18 (2) drive a commercial motor vehicle in inter19 state commerce after the apprentice completes an 

20 apprenticeship program described in paragraph (1). 

21 (c) APPRENTICESHIP PROGRAM.—An apprenticeship 

22 program referred to in subsection (b) is a program that 

23 consists of the following requirements: 

24 (1) 120-HOUR PROBATIONARY PERIOD.— 


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1 (A) IN GENERAL.—The apprentice shall 

2 complete 120 hours of on-duty time, of which 

3 not less than 80 hours are driving time in a 

4 commercial motor vehicle. 

5 (B) PERFORMANCE BENCHMARKS.—In 

6 order to complete the 120-hour probationary 

7 period under subparagraph (A), an employer 

8 shall determine that the apprentice is com9 petent in each of the following areas: 

10 (i) Interstate, city traffic, rural 2- 

11 lane, and evening driving. 

12 (ii) Safety awareness. 

13 (iii) Speed and space management. 

14 (iv) Lane control. 

15 (v) Mirror scanning. 

16 (vi) Right and left turns. 

17 (vii) Logging and complying with 

18 rules relating to hours of service. 

19 (2) 280-HOUR PROBATIONARY PERIOD.— 

20 (A) IN GENERAL.—After completing the 

21 120-hour probationary period under paragraph 

22 (1), the apprentice shall complete 280 hours of 

23 on-duty time, of which not less than 160 hours 

24 are driving time in a commercial motor vehicle. 


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1 (B) PERFORMANCE BENCHMARKS.—In 

2 order to complete the 280-hour probationary 

3 period under subparagraph (A), an employer 

4 shall determine that the apprentice is com5 petent in each of the following areas: 

6 (i) Backing and maneuvering in close 

7 quarters. 

8 (ii) Pre-trip inspections. 

9 (iii) Fueling procedures. 

10 (iv) Weighing loads, weight distribu11 tion, and sliding tandems. 

12 (v) Coupling and uncoupling proce13 dures. 

14 (vi) Trip planning, truck routes, map 

15 reading, navigation, and permits. 

16 (3) RESTRICTIONS FOR 120-HOUR AND 280- 

17 HOUR PROBATIONARY PERIODS.—During the 120- 

18 hour probationary period under paragraph (1) and 

19 the 280-hour probationary period under paragraph 

20 (2)— 

21 (A) the apprentice may only drive a com22 mercial motor vehicle that has— 

23 (i) automatic manual or automatic 

24 transmissions; 


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1 (ii) active braking collision mitigation 

2 systems; 

3 (iii) forward-facing video event cap4 ture; and 

5 (iv) governed speeds of 65 miles per 

6 hour at the pedal and 65 miles per hour 

7 under adaptive cruise control; and 

8 (B) the apprentice shall be accompanied in 

9 the cab of the commercial motor vehicle by an 

10 experienced driver. 

11 (4) RECORDS RETENTION.—The employer shall 

12 maintain records, in a manner required by the Sec13 retary, relating to the satisfaction of the require14 ments of paragraphs (1)(B) and (2)(B) by the ap15 prentice. 

16 (5) REPORTABLE INCIDENTS.—If the appren17 tice is involved in a preventable accident reportable 

18 to the Department of Transportation or a pointed 

19 moving violation while driving a commercial motor 

20 vehicle as part of an apprenticeship program de21 scribed in this subsection, the apprentice shall un22 dergo remediation and additional training until the 

23 apprentice can demonstrate, to the satisfaction of 

24 the employer, competence in each of the performance 


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1 benchmarks described in paragraphs (1)(B) and 

2 (2)(B). 

3 (6) COMPLETION OF PROGRAM.—The appren4 tice shall be considered to have completed the ap5 prenticeship program on the date on which the ap6 prentice completes the 280-hour probationary period 

7 under paragraph (2). 

8 (7) MINIMUM REQUIREMENTS.— 

9 (A) IN GENERAL.—Nothing in this section 

10 prevents an employer from imposing additional 

11 requirements on an apprentice taking part in 

12 an apprenticeship program established pursuant 

13 to this section. 

14 (B) TECHNOLOGIES.—Nothing in this sec15 tion prevents an employer from requiring or in16 stalling additional technologies in a commercial 

17 motor vehicle in addition to the technologies de18 scribed in paragraph (3)(A). 

19 (d) REGULATIONS.—Not later than 1 year after the 

20 date of enactment of this Act, the Secretary shall promul21 gate regulations to implement this section. 

22 (e) NO EFFECT ON LICENSE REQUIREMENT.—Noth23 ing in this section exempts an apprentice from any re24 quirement to hold a commercial driver’s license in order 

25 to operate a commercial motor vehicle. 


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1 (f) EMPLOYER RESPONSIBILITY.—An employer shall 

2 not knowingly allow, require, permit, or authorize a driver 

3 under the age of 21 to operate a commercial motor vehicle 

4 in interstate commerce unless the driver is participating 

5 in or has completed an apprenticeship program that meets 

6 the requirements of subsection (c). 

7 SEC. 5005. HOURS OF SERVICE REQUIREMENTS FOR AGRI8 CULTURAL OPERATIONS. 

9 Section 229 of the Motor Carrier Safety Improve10 ment Act of 1999 (49 U.S.C. 31136 note) is amended— 

11 (1) in subsection (a)(1)— 

12 (A) in the matter preceding subparagraph 

13 (A), by striking ‘‘during planting and harvest 

14 periods, as determined by each State,’’; and 

15 (B) by amending subparagraph (A) to read 

16 as follows: 

17 ‘‘(A) drivers transporting agricultural com18 modities within a 150 air-mile radius from— 

19 ‘‘(i) the source of the agricultural 

20 commodities; or 

21 ‘‘(ii) the destination of the agricul22 tural commodities;’’; and 

23 (2) in subsection (e)(8)— 


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1 (A) by striking ‘‘during the planting and 

2 harvesting seasons within each State, as deter3 mined by the State,’’; and 

4 (B) by striking ‘‘at any time of the year’’. 

5 TITLE VI—INNOVATION 

6 SEC. 6001. ADVANCED TRANSPORTATION TECHNOLOGIES 

7 PROGRAM. 

8 (a) IN GENERAL.—Chapter 5 of title 23, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 520. Advanced transportation technologies pro12 gram 

13 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

14 shall establish a program to provide grants to eligible enti15 ties to deploy, install, and operate advanced transportation 

16 technologies to improve safety, efficiency, system perform17 ance, mobility, intermodal connectivity, and infrastructure 

18 return on investment. 

19 ‘‘(b) CRITERIA.—In carrying out the program under 

20 subsection (a), the Secretary shall develop criteria for se21 lection of an eligible entity to receive a grant, including 

22 how the proposed deployment of technology— 

23 ‘‘(1) reduces costs and improves return on in24 vestments (including through the optimization of ex25 isting transportation capacity); 


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1 ‘‘(2) delivers environmental benefits by alle2 viating congestion and streamlining traffic flow; 

3 ‘‘(3) measures and improves the operational 

4 performance of the applicable transportation net5 work; 

6 ‘‘(4) reduces the number and severity of traffic 

7 accidents and increases driver, passenger, and pedes8 trian safety; 

9 ‘‘(5) collects, disseminates, and uses informa10 tion on real-time traffic, work zone, weather, transit, 

11 paratransit, parking, and other transportation-re12 lated information to improve mobility, reduce con13 gestion, and provide for more efficient, accessible, 

14 and integrated transportation and transportation 

15 services; 

16 ‘‘(6) monitors transportation assets to improve 

17 infrastructure management, reduce maintenance 

18 costs, prioritize investment decisions, and ensure a 

19 state of good repair; 

20 ‘‘(7) delivers economic benefits by reducing 

21 delays, improving system performance, and providing 

22 for the efficient and reliable movement of goods and 

23 services; or 


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1 ‘‘(8) accelerates the deployment of vehicle-to-ve2 hicle, vehicle-to-infrastructure, autonomous vehicles, 

3 and other technologies. 

4 ‘‘(c) APPLICATIONS.—An application submitted for a 

5 project to be carried out by a grant under this program 

6 shall include the following: 

7 ‘‘(1) A plan to deploy and provide for the long8 term operation and maintenance of advanced trans9 portation technologies to improve safety, efficiency, 

10 system performance, and return on investment. 

11 ‘‘(2) Objectives for quantifiable system perform12 ance improvements, such as— 

13 ‘‘(A) reducing traffic-related accidents, 

14 congestion, and costs; 

15 ‘‘(B) optimizing system efficiency; and 

16 ‘‘(C) improving access to transportation 

17 services. 

18 ‘‘(3) Quantifiable safety, mobility, and environ19 mental benefit projections such as data-driven esti20 mates of how the project proposes to improve the 

21 applicable transportation system efficiency and how 

22 such project proposes to reduce traffic congestion. 

23 ‘‘(4) A plan for any partnerships with private 

24 sector entities or public agencies, including 

25 multimodal and multijurisdictional entities, research 


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1 institutions, organizations representing transpor2 tation and technology leaders, or other transpor3 tation stakeholders. 

4 ‘‘(5) A plan to leverage and optimize existing 

5 local and regional advanced transportation tech6 nology investments. 

7 ‘‘(d) GRANT SELECTION.— 

8 ‘‘(1) GRANT AWARDS.—Each fiscal year for 

9 which funding is made available under this section, 

10 the Secretary shall award grants to not less than 5 

11 and not more than 10 eligible entities. 

12 ‘‘(2) GEOGRAPHIC DIVERSITY.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), in awarding a grant under this sec15 tion, the Secretary shall ensure, to the extent 

16 practicable, that grant recipients represent di17 verse geographic areas of the United States, in18 cluding urban areas and rural areas. 

19 ‘‘(B) RURAL SET-ASIDE.—Not less than 20 

20 percent of the amounts made available to carry 

21 out this section shall be reserved for projects 

22 serving rural areas, to the extent there are suf23 ficient eligible applications. 

24 ‘‘(3) TECHNOLOGY DIVERSITY.—In awarding a 

25 grant under this section, the Secretary shall ensure, 


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1 to the extent practicable, that grant recipients rep2 resent a variety of technology solutions. 

3 ‘‘(e) USE OF GRANT FUNDS.—A grant recipient may 

4 use funds awarded under this section to deploy advanced 

5 transportation technologies, including— 

6 ‘‘(1) advanced traveler information systems; 

7 ‘‘(2) advanced transportation management tech8 nologies; 

9 ‘‘(3) advanced transportation technologies to 

10 improve emergency evacuation and response by Fed11 eral, State, and local authorities; 

12 ‘‘(4) infrastructure maintenance, monitoring, 

13 and condition assessment; 

14 ‘‘(5) advanced public transportation systems; 

15 ‘‘(6) transportation system performance data 

16 collection, analysis, and dissemination systems; 

17 ‘‘(7) advanced safety systems, such as systems 

18 using cellular technology, vehicle-to-vehicle, vehicle19 to-pedestrian, and vehicle-to-infrastructure commu20 nications, technologies associated with autonomous 

21 vehicles, and other collision avoidance technologies; 

22 ‘‘(8) integration of intelligent transportation 

23 systems with the Smart Grid and other energy dis24 tribution and charging systems; 

25 ‘‘(9) integrated corridor management systems; 


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1 ‘‘(10) advanced parking reservation or variable 

2 pricing systems; 

3 ‘‘(11) electronic pricing, toll collection, and pay4 ment systems; 

5 ‘‘(12) technology that enhances high occupancy 

6 vehicle toll lanes, cordon pricing, or congestion pric7 ing; 

8 ‘‘(13) advanced mobility and access tech9 nologies, such as dynamic ridesharing and informa10 tion systems to support human services for elderly 

11 and disabled individuals; 

12 ‘‘(14) technology that collects and maintains 

13 automated driving system safety data and data anal14 ysis tools; 

15 ‘‘(15) cybersecurity protection measures and ac16 tivities to protect against cybersecurity threats; or 

17 ‘‘(16) advanced vulnerable road user safety in18 formation systems. 

19 ‘‘(f) REPORT TO SECRETARY.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

21 that a recipient of a grant under this section sub22 mits, not later than 1 year after the recipient re23 ceives a grant and annually thereafter, a report to 

24 the Secretary that describes— 


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1 ‘‘(A) deployment and operational costs of 

2 the project compared to the benefits and sav3 ings the project provides; and 

4 ‘‘(B) how the project has met the original 

5 expectations projected in the deployment plan 

6 submitted with the application, such as— 

7 ‘‘(i) data on how the project has 

8 helped reduce traffic accidents, congestion, 

9 costs, and other benefits of the deployed 

10 systems; 

11 ‘‘(ii) data on the effect of measuring 

12 and improving transportation system per13 formance through the deployment of ad14 vanced transportation technologies; 

15 ‘‘(iii) the effectiveness of providing 

16 real-time integrated traffic, transit, and 

17 multimodal transportation information to 

18 the public to make informed travel deci19 sions; and 

20 ‘‘(iv) lessons learned and rec21 ommendations for future deployment strat22 egies to optimize transportation mobility, 

23 efficiency, and multimodal system perform24 ance. 

25 ‘‘(2) REPORT CONSISTENCY.— 


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1 ‘‘(A) ADMINISTRATION.—The Secretary 

2 shall provide grant recipients with methods and 

3 techniques to support consistent data collection 

4 across grant recipients and may update such 

5 methods and techniques as appropriate. 

6 ‘‘(B) UPDATE.—The Secretary shall pro7 vide grant recipients notice of an update de8 scribed in subparagraph (A) not less than 90 

9 days before carrying out such update. 

10 ‘‘(g) REPORT.—Not later than 2 years after the date 

11 of enactment of this section, and once every 2 years there12 after, the Secretary shall make available to the public on 

13 the website of the Department of Transportation an up14 dated report that describes the effectiveness of grant re15 cipients in meeting projected deployment plans including 

16 data described in subsection (f) on how the program has— 

17 ‘‘(1) reduced traffic-related fatalities and inju18 ries; 

19 ‘‘(2) reduced traffic congestion and improved 

20 travel time reliability; 

21 ‘‘(3) reduced transportation-related emissions; 

22 ‘‘(4) optimized multimodal system performance; 

23 ‘‘(5) improved access to transportation alter24 natives; 


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1 ‘‘(6) provided the public with access to real-time 

2 integrated traffic, transit, and multimodal transpor3 tation information to make informed travel deci4 sions; 

5 ‘‘(7) provided cost savings to transportation 

6 agencies, businesses, and the traveling public; or 

7 ‘‘(8) provided other benefits to transportation 

8 users and the general public. 

9 ‘‘(h) PENALTY.—The Secretary may terminate a 

10 grant provided under this section and deobligate funds 

11 provided by such grant if— 

12 ‘‘(1) the Secretary determines from a report 

13 submitted pursuant to subsection (f) that a recipient 

14 of such grant is not carrying out the requirements 

15 of the grant; and 

16 ‘‘(2) the Secretary provides written notice to 

17 the Committees on Transportation and Infrastruc18 ture and Science, Space, and Technology of the 

19 House of Representatives and the Committees on 

20 Environment and Public Works and Commerce, 

21 Science, and Transportation of the Senate 60 days 

22 prior to deobligating funds under this subsection. 

23 ‘‘(i) FUNDING.—Of the amounts provided to carry 

24 out this section, the Secretary may set aside $2,000,000 


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1 each fiscal year for program reporting, evaluation, and ad2 ministrative costs related to this section. 

3 ‘‘(j) FEDERAL SHARE.—The Federal share of the 

4 cost of a project for which a grant is awarded under this 

5 subsection shall not exceed 50 percent of the cost of the 

6 project. 

7 ‘‘(k) EXPENSES FOR GRANT RECIPIENTS.—A grant 

8 recipient under this section may use not more than 5 per9 cent of the funds awarded each fiscal year to such recipi10 ent to carry out planning and reporting requirements. 

11 ‘‘(l) GRANT FLEXIBILITY.— 

12 ‘‘(1) IN GENERAL.—If, by August 1 of each fis13 cal year, the Secretary determines that there are not 

14 enough grant applications that meet the require15 ments described in subsection (c) to carry out this 

16 section for a fiscal year, the Secretary shall transfer 

17 to the programs specified in paragraph (2)— 

18 ‘‘(A) any of the funds reserved for the fis19 cal year under subsection (i) that the Secretary 

20 has not yet awarded under this section; and 

21 ‘‘(B) an amount of obligation limitation 

22 equal to the amount of funds that the Secretary 

23 transfers under subparagraph (A). 

24 ‘‘(2) PROGRAMS.—The programs referred to in 

25 paragraph (1) are— 


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1 ‘‘(A) the programs under sections 503(b) 

2 and 503(c); and 

3 ‘‘(B) the programs under sections 512 

4 through 518. 

5 ‘‘(3) DISTRIBUTION.—Any transfer of funds 

6 and obligation limitation under paragraph (1) shall 

7 be divided among the programs referred to in that 

8 paragraph in the same proportions as the Secretary 

9 originally reserved funding from the programs for 

10 the fiscal year under subsection (i). 

11 ‘‘(m) DEFINITIONS.—In this section, the following 

12 definitions apply: 

13 ‘‘(1) ADVANCED TRANSPORTATION TECH14 NOLOGIES.—The term ‘advanced transportation 

15 technologies’ means technologies that improve the ef16 ficiency, safety, or state of good repair of surface 

17 transportation systems, including intelligent trans18 portation systems. 

19 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en20 tity’ means— 

21 ‘‘(A) a State or local government or a po22 litical subdivision of a State or local govern23 ment; 

24 ‘‘(B) a transit agency; 

25 ‘‘(C) a metropolitan planning organization; 


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1 ‘‘(D) a multijurisdictional group; or 

2 ‘‘(E) a consortia of research institutions or 

3 academic institutions. 

4 ‘‘(3) MULTIJURISDICTIONAL GROUP.—The term 

5 ‘multijurisdictional group’ means any combination of 

6 State governments, local governments, metropolitan 

7 planning organizations, transit agencies, or other po8 litical subdivisions of a State for which each member 

9 of the group— 

10 ‘‘(A) has signed a written agreement to 

11 implement a project carried out under this sec12 tion across jurisdictional boundaries; and 

13 ‘‘(B) is an eligible entity under this sec14 tion. 

15 ‘‘(4) SMART GRID.—The term ‘Smart Grid’ 

16 means a system that provides for any of the smart 

17 grid functions set forth in section 1306(d) of the 

18 Energy Independence and Security Act of 2007 (42 

19 U.S.C. 17386(d)).’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 5 of title 23, United States Code, is amended by add22 ing at the end the following new item: 

‘‘520. Advanced transportation technologies program.’’. 

23 (c) CONFORMING AMENDMENT.—Chapter 5 of title 

24 23, United States Code, is amended by striking section 

25 503(c)(4). 


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1 SEC. 6002. CONNECTED VEHICLE DEPLOYMENT PILOT PRO2 GRAM. 

3 (a) IN GENERAL.—Chapter 5 of title 23, United 

4 States Code, is further amended by adding at the end the 

5 following: 

6 ‘‘§ 521. Connected vehicle deployment pilot program 

7 ‘‘(a) ESTABLISHMENT.— 

8 ‘‘(1) IN GENERAL.—The Secretary of Transpor9 tation shall establish a connected vehicle deployment 

10 pilot program to make grants, on a competitive 

11 basis, to spur operational deployments to meet the 

12 transportation needs of eligible entities through the 

13 use of the best available and emerging intelligent 

14 transportation systems. 

15 ‘‘(2) GOALS.—The goals of the program shall 

16 be to— 

17 ‘‘(A) spur connected vehicle technology de18 ployment through wirelessly connected vehicles 

19 that interact with a connected environment, in20 cluding mobile devices, infrastructure, and 

21 other elements; 

22 ‘‘(B) realize safety, mobility, and environ23 mental impacts through operational deploy24 ments; 

25 ‘‘(C) capture and use new forms of con26 nected vehicle and mobile device data to support 


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1 improved surface transportation system per2 formance and enhanced performance-based 

3 management; 

4 ‘‘(D) encourage partnerships of multiple 

5 stakeholders (including private companies, 

6 State and local agencies, transit agencies, com7 mercial vehicle operators, freight shippers, and 

8 transportation network companies); 

9 ‘‘(E) deploy applications using data cap10 tured from multiple sources (including vehicles, 

11 mobile devices, and infrastructure) across all 

12 elements of the surface transportation system 

13 (including transit, highway, arterial highways, 

14 parking facilities, and toll highways); and 

15 ‘‘(F) support deployment sites that create 

16 foundations for future expanded and enhanced 

17 deployments. 

18 ‘‘(b) GRANT AMOUNT.—Each grant made under this 

19 section shall be in an amount that is at least $10,000,000. 

20 ‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make 

21 a grant under this section to any of the following entities: 

22 ‘‘(1) A State. 

23 ‘‘(2) A transit agency. 


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1 ‘‘(3) A metropolitan planning organization that 

2 serves an urbanized area with a population of more 

3 than 200,000 individuals. 

4 ‘‘(4) A unit of local government. 

5 ‘‘(5) A political subdivision of a State or local 

6 government. 

7 ‘‘(6) A special purpose district or public author8 ity with a transportation function, including a port 

9 authority. 

10 ‘‘(7) A multijurisdictional group (as defined 

11 under section 520). 

12 ‘‘(8) A consortia of research institutions or aca13 demic institutions. 

14 ‘‘(d) ELIGIBLE PROJECTS.—A grant recipient may 

15 use funds awarded under this section for a project that 

16 deploys connected vehicle applications and technologies, 

17 including— 

18 ‘‘(1) advanced safety systems, such as systems 

19 using cellular technology, vehicle-to-vehicle and vehi20 cle-to-infrastructure communications, technologies 

21 associated with autonomous vehicles, and other colli22 sion avoidance technologies; 

23 ‘‘(2) integration of intelligent transportation 

24 systems with the Smart Grid and other energy dis25 tribution and charging systems; 


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1 ‘‘(3) electronic pricing and payment systems; 

2 ‘‘(4) advanced mobility and access technologies, 

3 such as dynamic ridesharing and information sys4 tems to support human services for elderly and dis5 abled individuals; and 

6 ‘‘(5) any deployment concept eligible, before the 

7 date of enactment of this section, under the con8 nected vehicle pilot deployment program carried out 

9 by the Department of Transportation. 

10 ‘‘(e) USE OF FUNDS.—Grant amounts received for 

11 a project under this section may be used for— 

12 ‘‘(1) activities in the development phase, includ13 ing planning, feasibility analysis, revenue fore14 casting, environmental review process (as defined 

15 under section 139), preliminary engineering and de16 sign work, and other preconstruction activities; 

17 ‘‘(2) construction, reconstruction, rehabilitation, 

18 acquisition of real property (including land related 

19 to the project and improvements to the land), envi20 ronmental mitigation, construction contingencies, ac21 quisition of equipment, and operational improvement 

22 directly related to improving system performance; 

23 ‘‘(3) providing incentives to attract driver par24 ticipation; and 


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1 ‘‘(4) purchasing and installing any connected 

2 vehicle equipment (including vehicle applications, 

3 roadside units, and back-office equipment). 

4 ‘‘(f) APPLICATIONS.— 

5 ‘‘(1) IN GENERAL.—To be eligible for a grant 

6 under this section, an entity described under sub7 section (c) shall submit to the Secretary an applica8 tion in such form, at such time, and containing such 

9 information as the Secretary determines is appro10 priate, including— 

11 ‘‘(A) a plan to deploy and provide for the 

12 long-term operation and maintenance of con13 nected vehicle technologies to improve safety, 

14 efficiency, and system performance; 

15 ‘‘(B) objectives to improve and measure 

16 system performance in 1 or more of— 

17 ‘‘(i) system productivity; 

18 ‘‘(ii) mobility, including impact on 

19 freight movements; 

20 ‘‘(iii) livability and accessibility of 

21 goods, services, and activities; 

22 ‘‘(iv) environment and fuel use; and 

23 ‘‘(v) traveler and system safety, in24 cluding advising individuals of potentially 

25 unsafe conditions and mitigating the imVerDate Sep 11 2014 22:49 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H3341.IH H3341

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1 pact of events that may cause vehicle acci2 dents; and 

3 ‘‘(C) a plan for partnering with private 

4 sector entities or public agencies, including 

5 multimodal and multijurisdictional entities, re6 search institutions, organizations representing 

7 transportation and technology leaders, or other 

8 transportation stakeholders. 

9 ‘‘(2) CRITERIA.—When evaluating applications 

10 under this section, the Secretary may not require 

11 that a pilot deployment under the program be based 

12 on research carried out or funded by the Depart13 ment of Transportation. 

14 ‘‘(g) GRANT SELECTION.— 

15 ‘‘(1) GRANT AWARDS.—Not later than 1 year 

16 after the date of enactment of this section, and each 

17 fiscal year thereafter, the Secretary shall award 

18 grants to not less than 3 and not more than 5 eligi19 ble entities described in subsection (c). 

20 ‘‘(2) GEOGRAPHIC DIVERSITY.—In awarding a 

21 grant under this section, the Secretary shall ensure, 

22 to the extent practicable, that grant recipients rep23 resent diverse geographic areas of the United States, 

24 including urban areas and rural areas. 


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1 ‘‘(h) GRANT MANAGEMENT.—In carrying out the 

2 grant program under this section, the Secretary shall— 

3 ‘‘(1) emphasize project sustainability and long4 term funding goals; 

5 ‘‘(2) create a noncompetitive environment and 

6 encourage collaboration among project sites; 

7 ‘‘(3) balance the privacy of users and secure op8 erations of pilot projects, while maintaining the abil9 ity to measure performance factors; and 

10 ‘‘(4) be wary of technological maturity of con11 nected vehicle applications and impact of long-term 

12 viability of non-deployment ready applications. 

13 ‘‘(i) SMART GRID DEFINED.—In this section, the 

14 term ‘Smart Grid’ means a system that provides for any 

15 of the smart grid functions set forth in section 1306(d) 

16 of the Energy Independence and Security Act of 2007 (42 

17 U.S.C. 17386(d)).’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 5 of title 23, United States Code, is further amended 

20 by adding at the end the following new item: 

‘‘521. Connected vehicle deployment pilot program.’’. 

21 SEC. 6003. AUTOMATED DRIVING SYSTEM DEMONSTRATION 

22 PROGRAM. 

23 (a) IN GENERAL.—Chapter 5 of title 23, United 

24 States Code, is further amended by adding at the end the 

25 following: 


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1 ‘‘§ 522. Automated driving system demonstration pro2 gram 

3 ‘‘(a) ESTABLISHMENT.— 

4 ‘‘(1) IN GENERAL.—The Secretary of Transpor5 tation shall establish an automated driving system 

6 demonstration program to make grants, on a com7 petitive basis, to eligible entities to— 

8 ‘‘(A) test the safe integration of automated 

9 driving system technologies into the on-road 

10 transportation system of the United States and 

11 demonstrate how challenges to the safe integra12 tion of such technologies can be addressed; 

13 ‘‘(B) ensure significant data gathering and 

14 sharing of project data to identify— 

15 ‘‘(i) a baseline of safety metrics need16 ed to characterize the safety risk of inte17 grating automated driving system tech18 nologies into the transportation system; 

19 and 

20 ‘‘(ii) a baseline of roadway character21 istics needed for the safe and efficient op22 eration of automated driving system tech23 nologies; and 

24 ‘‘(C) encourage collaboration and partner25 ships of multiple stakeholders to carry out sub26 paragraphs (A) and (B). 


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1 ‘‘(b) ELIGIBLE ENTITIES.—The Secretary may make 

2 a grant under this section to the following: 

3 ‘‘(1) A State. 

4 ‘‘(2) A transit agency. 

5 ‘‘(3) A metropolitan planning organization that 

6 serves an urbanized area with a population of more 

7 than 200,000 individuals. 

8 ‘‘(4) A unit of local government. 

9 ‘‘(5) A political subdivision of a State or local 

10 government. 

11 ‘‘(6) A special purpose district or public author12 ity with a transportation function, including a port 

13 authority. 

14 ‘‘(7) A public academic institution, public re15 search institution or a consortia of research institu16 tions or academic institutions. 

17 ‘‘(8) A multijurisdictional group (as such term 

18 is defined in section 520). 

19 ‘‘(c) APPLICATIONS.—To be eligible for a grant under 

20 this section, an entity described under subsection (b) 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 ‘‘(d) ELIGIBLE USES.— 


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1 ‘‘(1) IN GENERAL.—A grant recipient may use 

2 funds awarded under this section to demonstrate 

3 automated driving system technologies, including— 

4 ‘‘(A) advanced safety systems, such as sys5 tems using cellular technology, vehicle-to-vehicle 

6 and vehicle-to-infrastructure communications, 

7 technologies associated with autonomous vehi8 cles, and other collision avoidance technologies; 

9 ‘‘(B) innovative mobility solutions that in10 volve deployment of automated vehicles; 

11 ‘‘(C) automated driving systems that en12 hance safety and mobility for elderly and dis13 abled individuals; 

14 ‘‘(D) demonstration of shared interoper15 able fleet of automated vehicles; 

16 ‘‘(E) demonstration and validation of ex17 changes of data that can support the safe, effi18 cient, and secure interoperable integration of 

19 automated driving systems; 

20 ‘‘(F) any technology associated with auto21 mated driving systems; and 

22 ‘‘(G) any deployment concept eligible under 

23 the automated driving system demonstration 

24 grant program carried out by the Department 


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1 of Transportation before the date of enactment 

2 of this section. 

3 ‘‘(2) ADDITIONAL USES.—A grant recipient 

4 may use funds awarded under this section for infra5 structure needs, including capital expenses and 

6 maintenance activities, necessary to the proper and 

7 safe operation of the automated driving system tech8 nology. 

9 ‘‘(e) GRANT SELECTION.— 

10 ‘‘(1) GRANT AWARDS.—The Secretary may 

11 award grants to not less than 8 and not more than 

12 10 eligible entities described under subsection (b) in 

13 a fiscal year. 

14 ‘‘(2) GEOGRAPHIC DIVERSITY.— 

15 ‘‘(A) IN GENERAL.—In awarding a grant 

16 under this section, the Secretary shall ensure, 

17 to the maximum extent practicable, that grant 

18 recipients represent diverse geographic areas of 

19 the United States, including urban areas and 

20 rural areas. 

21 ‘‘(B) RURAL SET-ASIDE.—Not less than 20 

22 percent of the amounts made available to carry 

23 out this section shall be reserved for projects 

24 serving rural areas, to the extent there are suf25 ficient eligible applications for such projects. 


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1 ‘‘(f) DEMONSTRATION REQUIREMENTS.—The Sec2 retary shall ensure that any project carried out with funds 

3 provided under this section shall— 

4 ‘‘(1) carry out research and development of 

5 automated driving system technologies of Level 3 or 

6 greater, as such term is defined under subsection 

7 (h); 

8 ‘‘(2) include physical and fully operational dem9 onstrations; 

10 ‘‘(3) include gathering and sharing of all rel11 evant data with the Department of Transportation 

12 and the relevant State transportation agencies; and 

13 ‘‘(4) address scalability to be applicable across 

14 the United States to similar road environments. 

15 ‘‘(g) REPORT.—Not later than 1 year after the date 

16 on which a grant recipient receives a grant under this sec17 tion, and annually thereafter until such grant is expended, 

18 the recipient shall submit to the Secretary and to the 

19 transportation agency of the State in which the project 

20 takes place, a report that describes— 

21 ‘‘(1) lessons learned and how the demonstration 

22 has met project objectives; 

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1 lated to pedestrians, infrastructure, and other vehi2 cles; 

3 ‘‘(3) how to use the results of the project to 

4 help the public interact and better understand the 

5 operations of automated driving system technologies; 

6 and 

7 ‘‘(4) recommendations for improving roadway 

8 characteristics needed for the safe and efficient oper9 ation of automated driving system technologies with10 in the State or jurisdiction in which the project took 

11 place. 

12 ‘‘(h) GUIDANCE REQUIRED.—Not later than 120 

13 days after the date of enactment of this section, the Sec14 retary shall issue guidance defining the term ‘Level 3 or 

15 greater’ by considering industry best practices and stand16 ards, including the definition found within ‘Taxonomy and 

17 Definitions for Terms Related to Driving Automation Sys18 tems for On-Road Motor Vehicles’ published by SAE 

19 International on June 15, 2018 (J3016l201806), or sub20 sequent versions. 

21 ‘‘(i) AUTOMATED DRIVING SYSTEM TECHNOLOGIES

22 DEFINED.—In this section, the term ‘automated driving 

23 system technologies’ means the hardware and software 

24 that are collectively capable of performing the entire dy25 namic driving task on a sustained basis, regardless of 


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1 whether such capability is limited to a specific operational 

2 design domain.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 5 of title 23, United States Code, is further amended 

5 by adding at the end the following new item: 

‘‘522. Automated driving system demonstration program.’’. 

6 (c) PREPARING ROADWAYS FOR AUTOMATED VEHI7 CLES.—Section 133(b) of title 23, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(16) Capital and maintenance expenses for in10 frastructure improvements to ensure the proper and 

11 safe operation of automated driving system tech12 nologies for which a demonstration project was car13 ried out under section 522.’’. 

14 SEC. 6004. ACCELERATED IMPLEMENTATION AND DEPLOY15 MENT OF ADVANCED DIGITAL CONSTRUC16 TION MANAGEMENT SYSTEMS. 

17 (a) IN GENERAL.—Section 503(c) of title 23, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘(4) ACCELERATED IMPLEMENTATION AND DE21 PLOYMENT OF ADVANCED DIGITAL CONSTRUCTION

22 MANAGEMENT SYSTEMS.— 

23 ‘‘(A) IN GENERAL.—Not later than 6 

24 months after the date of enactment of this 

25 paragraph, the Secretary of Transportation 


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1 shall establish and implement an advanced dig2 ital construction management system program 

3 under the technology and innovation deploy4 ment program established under paragraph (1) 

5 and implemented pursuant to paragraph (2) 

6 to— 

7 ‘‘(i) deploy advanced digital construc8 tion management systems that enable the 

9 use of digital technologies on construction 

10 sites by contractors and leverage the use of 

11 such technologies, including state-of-the12 art automated and connected machinery 

13 and optimized routing software that allows 

14 individuals to perform tasks faster, safer, 

15 more accurately, and with minimal super16 vision; 

17 ‘‘(ii) accelerate State adoption of ad18 vanced digital construction management 

19 systems applied throughout the design, en20 gineering, construction, and operations 

21 phases of a construction project that— 

22 ‘‘(I) maximize interoperability 

23 with other systems, products, tools, or 

24 applications; 

25 ‘‘(II) increase productivity; 


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1 ‘‘(III) manage complexity of a 

2 construction project; 

3 ‘‘(IV) reduce project delays and 

4 cost overruns; and 

5 ‘‘(V) enhance safety of individ6 uals involved and quality of a con7 struction project; 

8 ‘‘(iii) share information among stake9 holders through reduced reliance on paper 

10 to manage construction processes and 

11 deliverables, including blueprints, design 

12 drawings, procurement and supply-chain 

13 orders, equipment logs, daily progress re14 ports, and punch lists; 

15 ‘‘(iv) develop and deploy best practices 

16 for use in advanced digital construction 

17 management systems; 

18 ‘‘(v) increase the adoption and deploy19 ment of technology by States and units of 

20 local government that enables entities car21 rying out construction projects to— 

22 ‘‘(I) integrate the adoption of ad23 vanced digital construction manage24 ment systems and technologies in con25 tracts; and 


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1 ‘‘(II) weigh the cost of 

2 digitization and technology in setting 

3 project budgets; 

4 ‘‘(vi) implement technology training 

5 and workforce development to build the ca6 pabilities of entities carrying out construc7 tion projects that enables States and units 

8 of local government to— 

9 ‘‘(I) better manage projects using 

10 advanced digital construction manage11 ment technologies; and 

12 ‘‘(II) properly measure and re13 ward technology adoption across con14 struction projects carried out by the 

15 State or unit of local government; 

16 ‘‘(vii) develop guidance to assist 

17 States in updating regulations of such 

18 States to allow entities carrying out con19 struction projects to— 

20 ‘‘(I) report data relating to the 

21 project in digital formats; and 

22 ‘‘(II) fully capture the efficiencies 

23 and benefits of advanced digital con24 struction management systems and 

25 related technologies; 


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1 ‘‘(viii) reduce the environmental foot2 print of construction projects by using ad3 vanced digital construction management 

4 systems to eliminate traffic congestion 

5 through more efficient projects; and 

6 ‘‘(ix) enhance worker and roadway 

7 user safety. 

8 ‘‘(B) FUNDING.—The Secretary shall obli9 gate for each of fiscal years 2022 through 2026 

10 from funds made available to carry out this 

11 subsection such funds as may be necessary to 

12 carry out this paragraph. 

13 ‘‘(C) PUBLICATION.— 

14 ‘‘(i) IN GENERAL.—At least once 

15 every 2 years, the Secretary shall issue and 

16 make available to the public on the website 

17 of the Department of Transportation a re18 port on— 

19 ‘‘(I) progress made in the imple20 mentation of advanced digital con21 struction management systems by 

22 States; and 

23 ‘‘(II) the costs and benefits of 

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1 novations resulting from the program 

2 established under this paragraph. 

3 ‘‘(ii) INCLUSIONS.—The report re4 quired under clause (i) may include an 

5 analysis of— 

6 ‘‘(I) Federal, State, and local 

7 cost savings; 

8 ‘‘(II) project delivery time im9 provements; 

10 ‘‘(III) traffic congestion impacts; 

11 and 

12 ‘‘(IV) safety improvements for 

13 roadway users and construction work14 ers. 

15 ‘‘(D) ADVANCED DIGITAL CONSTRUCTION

16 MANAGEMENT SYSTEMS DEFINED.—In this 

17 paragraph, the term ‘advanced digital construc18 tion management systems’ means commercially19 proven digital technologies and processes for 

20 the management of construction and engineer21 ing activities, including— 

22 ‘‘(i) systems for infrastructure plan23 ning, coordination, construction, mainte24 nance, modernization and management; 

25 and 


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1 ‘‘(ii) asset management systems for 

2 machines, site equipment, and personnel.’’. 

3 (b) REPORT TO CONGRESS.—Not later than 1 year 

4 after the date of enactment of this Act, the Secretary shall 

5 submit to the Committee on Environment and Public 

6 Works of the Senate and the Committee on Transpor7 tation and Infrastructure of the House of Representatives 

8 a report that includes— 

9 (1) a description of— 

10 (A) the status of the program carried out 

11 under section 503(c)(4) of title 23, United 

12 States Code, and any other use of advanced 

13 digital construction management systems in 

14 each State; and 

15 (B) the progress of each State toward ac16 celerating the adoption of advanced digital con17 struction management systems; and 

18 (2) an analysis of the savings in project delivery 

19 time and project costs that can be achieved through 

20 the use of advanced digital construction manage21 ment systems. 

22 SEC. 6005. INNOVATIVE PROJECT DELIVERY METHODS. 

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

24 amended— 

25 (1) in subparagraph (B)— 


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1 (A) in clause (v) by striking ‘‘or’’ at the 

2 end; 

3 (B) in clause (vi) by striking the period 

4 and inserting ‘‘; or’’; and 

5 (C) by inserting at the end the following: 

6 ‘‘(vii) advanced digital construction 

7 management systems as defined in section 

8 503(c)(4).’’; and 

9 (2) in subparagraph (C)(i) by striking ‘‘10 per10 cent’’ and inserting ‘‘25 percent’’. 

11 SEC. 6006. SURFACE TRANSPORTATION SYSTEM FUNDING 

12 ALTERNATIVES. 

13 Section 6020 of the FAST Act (23 U.S.C. 503 note) 

14 is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘States’’ and inserting 

17 ‘‘States or groups of States’’; and 

18 (B) by inserting ‘‘to motor fuel and diesel 

19 taxes’’ after ‘‘alternative revenue mechanisms’’; 

20 (2) by striking subsection (b) and inserting the 

21 following: 

22 ‘‘(b) APPLICATION.— 

23 ‘‘(1) IN GENERAL.—To be eligible for a grant 

24 under this section, a State or group of States shall 

25 submit to the Secretary an application in such form 


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1 and containing such information as the Secretary 

2 shall require, including— 

3 ‘‘(A) for any State or group of States that 

4 has received a grant to carry out a program 

5 under this section, how such State or group of 

6 States will use the grant to build on any such 

7 program; 

8 ‘‘(B) how the State or group of States will 

9 collect and analyze data on— 

10 ‘‘(i) lowering the administrative cost 

11 to collect revenue; 

12 ‘‘(ii) user experience with and accept13 ance of a user-based alternative revenue 

14 mechanism; 

15 ‘‘(iii) impacts on rural and urban 

16 users; 

17 ‘‘(iv) potential revenue generation; 

18 and 

19 ‘‘(v) revenue collection compliance 

20 strategies; and 

21 ‘‘(C) for any State or group of States that 

22 has not received a grant to carry out a program 

23 under this section, how the State or group of 

24 States— 


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1 ‘‘(i) will avoid redundancies with any 

2 other pilot programs for user-based alter3 native revenue mechanisms carried out by 

4 the applicant; and 

5 ‘‘(ii) plans to use best practices from 

6 any such pilot programs in structuring the 

7 program for which such funds are pro8 vided. 

9 ‘‘(2) APPLICATION GUIDANCE.—Not later than 

10 30 days after the date of enactment of the START11 ER Act 2.0, the Secretary shall publish online guid12 ance on submission of an application for the pro13 gram.’’; 

14 (3) in subsection (c)— 

15 (A) by striking paragraph (1) and insert16 ing the following: 

17 ‘‘(1) To test the design, acceptance, equity, and 

18 implementation of user-based alternative revenue 

19 mechanisms, including among— 

20 ‘‘(A) differing income groups; 

21 ‘‘(B) various geographic areas; 

22 ‘‘(C) rural and urban drivers; and 

23 ‘‘(D) unique design requirements for cer24 tain motor vehicles, including motorcycles.’’; 

25 and 


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1 (B) in paragraph (5) by striking ‘‘To mini2 mize the administrative cost’’ and inserting ‘‘To 

3 quantify and minimize the administrative 

4 costs’’; 

5 (4) in subsection (d)(1)(B) by inserting ‘‘and 

6 the safety of data collection’’ before the semicolon; 

7 (5) in subsection (e) by striking ‘‘shall’’ and in8 serting ‘‘may’’; 

9 (6) by striking subsection (g) and inserting the 

10 following: 

11 ‘‘(g) FEDERAL SHARE.—The Federal share of the 

12 cost of an activity carried out under this section may not 

13 exceed— 

14 ‘‘(1) 80 percent of the total cost of an activity 

15 that involves 2 or more States; and 

16 ‘‘(2) 80 percent of the total cost of any activity 

17 not described in paragraph (1).’’; 

18 (7) in subsection (h)(2) by striking ‘‘lessons 

19 learned’’ and inserting ‘‘recommendations’’; and 

20 (8) by striking subsections (j) and (k) and in21 serting the following: 

22 ‘‘(j) FUNDING.—Of the funds authorized to carry out 

23 section 503(b) of title 23, United States Code, the Sec24 retary shall reserve such sums as may be necessary to 

25 carry out this section. 


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1 ‘‘(k) PLANNING GRANTS.— 

2 ‘‘(1) PLANNING, PREPARATION, DESIGN.—Of 

3 the funds authorized to carry out this section, the 

4 Secretary may award grants in amounts not to ex5 ceed 10 percent of such funds to States or groups 

6 of States for the planning, preparation, or design of 

7 projects eligible for funding under this section. 

8 ‘‘(2) ELIGIBLE USES.—A State or group of 

9 States receiving funding under this subsection may 

10 use the funds for planning, preparation, or design of 

11 an implementable pilot project, as well as the exam12 ination of issues related to data and privacy, cyber13 security, and the financial analysis of urban and 

14 rural impacts of a project. 

15 ‘‘(3) MAXIMUM AMOUNT.—A grant under this 

16 subsection shall not exceed $1,000,000. 

17 ‘‘(4) ELIGIBILITY REQUIREMENT.—To be eligi18 ble to receive funds under this subsection, an State 

19 or group of States shall describe to the Secretary 

20 how the State or group of States— 

21 ‘‘(A) will avoid redundancies with any 

22 other pilot programs for user-based alternative 

23 revenue mechanisms carried out by the appli24 cant; and 


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1 ‘‘(B) plans to use best practices from any 

2 such pilot programs in structuring the program 

3 for which such funds are provided. 

4 ‘‘(l) GRANT FLEXIBILITY.— 

5 ‘‘(1) IN GENERAL.—If there are not enough 

6 grant applications that meet the requirements of this 

7 section for a fiscal year, the Secretary may transfer 

8 to the program under section 503(b) of title 23, 

9 United States Code, to remain available until ex10 pended— 

11 ‘‘(A) any of the funds reserved for the fis12 cal year under subsection (j) that the Secretary 

13 has not yet awarded under this section; and 

14 ‘‘(B) an amount of obligation limitation 

15 equal to the amount of funds that the Secretary 

16 transfers under this subsection. 

17 ‘‘(2) NOTIFICATION.—If, by August 1 of each 

18 fiscal year, the Secretary determines that there are 

19 not enough grant applications that meet the require20 ments of this section for a fiscal year, the Secretary 

21 shall submit a written notification of the intent to 

22 transfer funds under this subsection to the Com23 mittee on Appropriations and the Committee on 

24 Transportation and Infrastructure of the House of 

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1 tions and the Committee on Environment and Public 

2 Works of the Senate. 

3 ‘‘(3) AUTHORIZATION OF TRANSFER.—The Sec4 retary shall carry out the transfer described in para5 graph (1) if the committees described in paragraph 

6 (2) provide written authorization to the Secretary 

7 for such transfer not later than 30 days after receiv8 ing a notification under paragraph (2).’’. 

9 SEC. 6007. SURFACE TRANSPORTATION SYSTEM ROAD 

10 USAGE CHARGE NATIONAL PILOT PROGRAM. 

11 (a) ESTABLISHMENT.—Not later than 60 days after 

12 the date of enactment of this Act, the Secretary of Trans13 portation, in consultation with the Secretary of the Treas14 ury, shall establish a pilot program (referred to in this 

15 section as the ‘‘Pilot Program’’) to demonstrate implemen16 tation of a national per-mile road usage charge. 

17 (b) OBJECTIVES.—In establishing the Pilot Program, 

18 the Secretary of Transportation and the Secretary of the 

19 Treasury shall carry out the following objectives: 

20 (1) Test the design, acceptance, implementa21 tion, and financial sustainability of a national per22 mile road usage charge. 

23 (2) Collect and report data on the differential 

24 effects of a national per-mile road usage charge and 


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1 the Federal motor fuels tax between urban and rural 

2 drivers. 

3 (3) Collect and report data on the interoper4 ability of road usage charge collection between 

5 States. 

6 (4) Create and implement a national public 

7 awareness campaign to increase public awareness re8 garding a national per-mile user fee, including dis9 tributing information related to the pilot program 

10 carried out under this section and information from 

11 the State surface transportation system funding 

12 pilot program under section 6020 of the FAST Act 

13 (23 U.S.C. 503 note). 

14 (5) Address the need for additional revenue for 

15 surface transportation infrastructure and a national 

16 per-mile user fee. 

17 (6) Provide recommendations regarding adop18 tion and implementation of a national per-mile road 

19 usage charge and a recommendation for the amount 

20 of the national per-mile road usage charge. 

21 (c) SURFACE TRANSPORTATION SYSTEM ROAD

22 USAGE CHARGE ADVISORY BOARD.— 

23 (1) IN GENERAL.—In carrying out the Pilot 

24 Program, the Secretary of Transportation shall esVerDate Sep 11 2014 22:49 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H3341.IH H3341

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1 tablish a surface transportation system road usage 

2 charge advisory board to— 

3 (A) advance and implement the objectives 

4 under subsection (b); and 

5 (B) develop the recommendations and re6 port under subsection (j)(1). 

7 (2) MEMBERS.—The advisory board established 

8 under paragraph (1) shall, at a minimum, be com9 posed of a total of 15 representatives of the fol10 lowing entities, to be appointed by the Secretary: 

11 (A) State departments of transportation or 

12 State transportation commissions. 

13 (B) Local transportation agencies located 

14 within a transportation management area (as 

15 identified or designated under section 134(k) of 

16 title 23, United States Code). 

17 (C) Any public or nonprofit entity that 

18 carried out a surface transportation system 

19 funding alternatives pilot project under section 

20 6020 of the FAST Act (23 U.S.C. 503 note). 

21 (D) Owners and operators of toll facilities. 

22 (E) Fleet operators of commercial motor 

23 vehicles. 

24 (F) Academic experts on surface transpor25 tation. 


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1 (G) Private sector technology companies. 

2 (H) Automobile manufacturers. 

3 (I) Other members as designated by the 

4 Secretary. 

5 (3) APPLICATION OF LAW.—The Federal Advi6 sory Committee Act (5 U.S.C. App.) shall not apply 

7 to the advisory board established under paragraph 

8 (1). 

9 (d) PROGRAM REQUIREMENTS.—In carrying out the 

10 Pilot Program, the Secretary of Transportation, in con11 sultation with the Secretary of the Treasury, shall— 

12 (1) establish appropriate methods for reporting 

13 vehicle miles traveled under the program; 

14 (2) solicit volunteer participants from all 50 

15 states and the District of Columbia; 

16 (3) ensure an appropriate geographic distribu17 tion by population among volunteer participants; 

18 (4) enter into agreements, as practicable, with 

19 owners of passenger and commercial motor vehicle 

20 fleets or law enforcement motorcycle fleets for the 

21 collection and sharing of anonymized data through22 out the pilot program; 

23 (5) enter into agreements with entities of the 

24 passenger motor vehicle industry, motorcycle indus25 try, and commercial vehicle industry to develop a 


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1 technology standard for onboard units used to report 

2 vehicle miles traveled; and 

3 (6) use components of and information from 

4 the State pilots under section 6020 of the FAST Act 

5 (23 U.S.C. 503 note), as applicable. 

6 (e) METHODS.—In establishing a method for col7 lecting information on vehicle miles traveled under the 

8 Pilot Program, the Secretary of Transportation shall con9 sider the following: 

10 (1) Third-party on-board diagnostic system-II 

11 devices. 

12 (2) Smart phone applications. 

13 (3) Solicitation of voluntary reporting by volun14 teer participants. 

15 (4) Solicitation of voluntary reporting by car in16 surance companies. 

17 (5) Solicitation of voluntary reporting through 

18 State departments of motor vehicles. 

19 (6) Any other method that the Secretary of 

20 Transportation considers appropriate. 

21 (f) PRIVACY OF PARTICIPANTS.—Not later than 30 

22 days after establishing the Pilot Program, the Secretary 

23 of Transportation, in consultation with the Secretary of 

24 the Treasury, shall issue policies to— 


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1 (1) protect the privacy and security of volunteer 

2 participants and their vehicles; and 

3 (2) secure the data provided by volunteer par4 ticipants. 

5 (g) CALCULATION OF PER-MILE ROAD USAGE

6 CHARGE.—For the purposes of the Pilot Program, the 

7 Secretary of the Treasury shall establish on an annual 

8 basis— 

9 (1) for motor vehicles that are not commercial 

10 motor vehicles, a per mile road usage charge that is 

11 equivalent to the annual gas tax revenues collected 

12 pursuant to section 4081 of the Internal Revenue 

13 Code of 1986 divided by the total vehicle miles trav14 eled by such motor vehicles; and 

15 (2) for commercial motor vehicles, a per mile 

16 road usage charge equivalent to the annual diesel 

17 tax revenues collected pursuant to section 4041 of 

18 the Internal Revenue Code of 1986 divided by the 

19 total vehicle miles traveled by medium and heavy20 duty trucks. 

21 (h) REVENUE COLLECTION.— 

22 (1) IN GENERAL.—The Secretary of the Treas23 ury, in coordination with the Secretary of Transpor24 tation, may establish a mechanism to collect a perVerDate Sep 11 2014 22:49 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H3341.IH H3341

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1 mile road usage charge from volunteer participants 

2 under the Pilot Program that— 

3 (A) may be adjusted as needed to address 

4 technical challenges; and 

5 (B) may allow third-party vendors to col6 lect the payments and submit such payments to 

7 the Secretary of the Treasury. 

8 (2) LIMITATION ON REVENUE COLLECTED.— 

9 Any revenue collected under this section shall not be 

10 considered a toll under section 301 of title 23, 

11 United States Code. 

12 (3) HIGHWAY TRUST FUND.—Notwithstanding 

13 any other provision of law, the Secretary of the 

14 Treasury shall ensure that any revenue collected 

15 under this section is deposited into the Highway 

16 Trust Fund. 

17 (i) REFUND.—The Secretary of the Treasury shall 

18 annually calculate and issue an equivalent refund to volun19 teer participants for any otherwise applicable Federal 

20 motor fuel taxes under sections 4041 and 4081 of the In21 ternal Revenue Code of 1986. 

22 (j) REPORTS.— 

23 (1) ADVISORY BOARD.—Not later than 1 year 

24 after the date on which the surface transportation 

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1 lished under subsection (c), such board shall submit 

2 to the Secretary of Transportation a report on the 

3 progress of the Pilot Program in meeting the objec4 tives described in subsection (b). 

5 (2) REPORT TO CONGRESS.—Not later than 1 

6 year after the date on which volunteer participants 

7 begin participating in the Pilot Program, and each 

8 year thereafter, the Secretary of Transportation and 

9 the Secretary of the Treasury shall submit to the 

10 Committee on Transportation and Infrastructure 

11 and the Committee on Ways and Means of the 

12 House of Representatives and the Committee on En13 vironment and Public Works and the Committee on 

14 Finance of the Senate a report on the Pilot Pro15 gram, including the report and recommendations 

16 submitted to the Secretary under paragraph (1). 

17 (k) DEFINITIONS.—In this section: 

18 (1) COMMERCIAL MOTOR VEHICLE.—The term 

19 ‘‘commercial motor vehicle’’ has the meaning given 

20 the term in section 31101 of title 49, United States 

21 Code. 

22 (2) HIGHWAY TRUST FUND.—The term ‘‘High23 way Trust Fund’’ means the Highway Trust Fund 

24 established under section 9503 of the Internal Rev25 enue Code of 1986. 


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1 (3) VOLUNTEER PARTICIPANT.—The term ‘‘vol2 unteer participant’’ means— 

3 (A) the individual owner of a passenger 

4 motor vehicle or commercial motor vehicle who 

5 volunteers to participate in the Pilot Program; 

6 and 

7 (B) the owner of a fleet of commercial 

8 motor vehicles or passenger motor vehicles who 

9 volunteers to participate in the Pilot Program. 

10 SEC. 6008. IMPLEMENTATION OF PER-MILE ROAD USAGE 

11 CHARGE FOR FEDERAL VEHICLES. 

12 Not later than October 1, 2026, the Secretary of 

13 Transportation shall issue such regulations as are nec14 essary to— 

15 (1) establish and implement a per-mile road 

16 charge for all vehicles owned and operated by the 

17 Federal Government, at a rate determined by the 

18 Secretary; and 

19 (2) provide for reimbursement for annual gas 

20 tax revenues paid on behalf of such vehicles. 


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1 TITLE VII—RESILIENCY 

2 SEC. 7001. PROMOTING RESILIENT OPERATIONS FOR 

3 TRANSFORMATIVE, EFFICIENT, AND COST4 SAVING TRANSPORTATION (PROTECT) GRANT 

5 PROGRAM. 

6 (a) IN GENERAL.—Chapter 1 of title 23, United 

7 States Code, as amended by this Act, is further amended 

8 by adding at the end the following: 

9 ‘‘§ 173. Promoting Resilient Operations for Trans10 formative, Efficient, and Cost-Saving 

11 Transportation (PROTECT) grant pro12 gram 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) EMERGENCY EVENT.—The term ‘emer15 gency event’ means— 

16 ‘‘(A) a natural disaster or catastrophic 

17 failure or an imminent natural disaster or cata18 strophic failure resulting in an emergency de19 clared by the Governor of the State in which 

20 the disaster or failure occurred or will occur; or 

21 ‘‘(B) an event for which the President de22 clares a major disaster or emergency under sec23 tion 401 or 501, respectively, of the Robert T. 

24 Stafford Disaster Relief and Emergency Assist25 ance Act (42 U.S.C. 5170 and 5191). 


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1 ‘‘(2) EVACUATION ROUTE.—The term ‘evacu2 ation route’ means a transportation route or system 

3 that— 

4 ‘‘(A) is owned, operated, or maintained by 

5 a Federal, State, Indian Tribe, or local govern6 ment or a private entity; 

7 ‘‘(B) is used— 

8 ‘‘(i) to transport the public away from 

9 emergency events; or 

10 ‘‘(ii) to transport emergency respond11 ers and recovery resources; and 

12 ‘‘(C) is designated by the eligible entity 

13 with jurisdiction over the area in which the 

14 route is located for the purposes described in 

15 subparagraph (B). 

16 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 

17 has the meaning given such term in section 

18 207(m)(1). 

19 ‘‘(4) PROGRAM.—The term ‘program’ means 

20 the grant program established under subsection 

21 (b)(1). 

22 ‘‘(5) RESILIENCE IMPROVEMENT.—The term 

23 ‘resilience improvement’ means the use of materials 

24 or structural or nonstructural techniques, including 

25 natural infrastructure— 


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1 ‘‘(A) that allow a project— 

2 ‘‘(i) to better anticipate, prepare for, 

3 and adapt to changing conditions and to 

4 withstand and respond to disruptions; or 

5 ‘‘(ii) to be better able to continue to 

6 serve the primary function of the project 

7 during and after emergency events for the 

8 expected life of the project; or 

9 ‘‘(B) that— 

10 ‘‘(i) reduce the cost, magnitude, and 

11 duration of the effects of emergency events 

12 on a project; or 

13 ‘‘(ii) have the absorptive capacity, 

14 adaptive capacity, and recoverability to de15 crease project vulnerability to emergency 

16 events. 

17 ‘‘(b) ESTABLISHMENT.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall estab19 lish a grant program, to be known as the ‘Promoting 

20 Resilient Operations for Transformative, Efficient, 

21 and Cost-saving Transportation grant program’ or 

22 the ‘PROTECT grant program’. 

23 ‘‘(2) PURPOSE.—The purpose of the program is 

24 to provide grants for resilience improvements 

25 through— 


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1 ‘‘(A) formula funding distributed to States; 

2 ‘‘(B) competitive planning grants to enable 

3 communities to assess vulnerabilities to emer4 gency events, and plan infrastructure improve5 ments and emergency response strategies to ad6 dress such vulnerabilities; and 

7 ‘‘(C) competitive resilience improvement 

8 grants to protect— 

9 ‘‘(i) infrastructure assets by making 

10 the assets more resilient to current and fu11 ture weather events and natural disasters, 

12 including severe storms, flooding, tornados, 

13 drought, levee and dam failures, wildfire, 

14 landslides, sea level rise, extreme weather 

15 (including extreme temperature), and 

16 earthquakes; 

17 ‘‘(ii) communities through resilience 

18 improvements and strategies that allow for 

19 the continued operation or rapid recovery 

20 of surface transportation systems that— 

21 ‘‘(I) serve critical local, regional, 

22 and national needs, including evacu23 ation routes; and 

24 ‘‘(II) provide access or service to 

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1 gency service facilities, major employ2 ers, critical manufacturing centers, 

3 ports and intermodal facilities, utili4 ties, and Federal facilities; 

5 ‘‘(iii) coastal infrastructure, such as a 

6 tide gate, that is at long-term risk to sea 

7 level rise; and 

8 ‘‘(iv) natural infrastructure that pro9 tects and enhances surface transportation 

10 assets while improving ecosystem condi11 tions, including culverts that ensure ade12 quate flows in rivers and estuarine sys13 tems. 

14 ‘‘(c) FORMULA AWARDS.— 

15 ‘‘(1) DISTRIBUTION OF FUNDS TO STATES.— 

16 ‘‘(A) IN GENERAL.—For each fiscal year, 

17 the Secretary shall distribute among the States 

18 the amounts made available to carry out this 

19 subsection for that fiscal year in accordance 

20 with subparagraph (B). 

21 ‘‘(B) DISTRIBUTION.—The amount for 

22 each State shall be determined by multiplying 

23 the total amount made available to carry out 

24 this subsection for the applicable fiscal year by 

25 the ratio that— 


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1 ‘‘(i) the total base apportionment for 

2 the State under section 104(c); bears to 

3 ‘‘(ii) the total base apportionments for 

4 all States under section 104(c). 

5 ‘‘(2) ELIGIBLE ACTIVITIES.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), a State shall use funds made 

8 available under paragraph (1) to carry out ac9 tivities eligible under subparagraph (A), (B), or 

10 (C) of subsection (d)(4). 

11 ‘‘(B) PLANNING SET-ASIDE.—Of the 

12 amounts made available to each State under 

13 paragraph (1) for each fiscal year, not less than 

14 2 percent shall be for activities described in 

15 subsection (d)(3). 

16 ‘‘(3) REQUIREMENTS.— 

17 ‘‘(A) PROJECTS IN CERTAIN AREAS.—If a 

18 project under this subsection is carried out, in 

19 whole or in part, within a base floodplain, the 

20 State shall— 

21 ‘‘(i) identify the base floodplain in 

22 which the project is to be located and dis23 close that information to the Secretary; 

24 and 


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1 ‘‘(ii) indicate to the Secretary whether 

2 the State plans to implement 1 or more 

3 components of the risk mitigation plan 

4 under section 322 of the Robert T. Staf5 ford Disaster Relief and Emergency Assist6 ance Act (42 U.S.C. 5165) with respect to 

7 the area. 

8 ‘‘(B) ELIGIBILITIES.—A State shall use 

9 funds made available under paragraph (1) for— 

10 ‘‘(i) a highway project eligible for as11 sistance under this title; 

12 ‘‘(ii) a public transportation facility or 

13 service eligible for assistance under chapter 

14 53 of title 49; or 

15 ‘‘(iii) a facility or service for intercity 

16 rail passenger transportation (as defined in 

17 section 24102 of title 49). 

18 ‘‘(C) SYSTEM RESILIENCE.—A project car19 ried out by a State with funds made available 

20 under this subsection may include, consistent 

21 with State hazard mitigation plans, the use of 

22 natural infrastructure or the construction or 

23 modification of storm surge, flood protection, or 

24 aquatic ecosystem restoration elements that are 


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1 functionally connected to a transportation im2 provement, such as— 

3 ‘‘(i) increasing marsh health and total 

4 area adjacent to a highway right-of-way to 

5 promote additional flood storage; 

6 ‘‘(ii) upgrades to and installation of 

7 culverts designed to withstand 100-year 

8 flood events; 

9 ‘‘(iii) upgrades to and installation of 

10 tide gates to protect highways; and 

11 ‘‘(iv) upgrades to and installation of 

12 flood gates to protect tunnel entrances. 

13 ‘‘(D) FEDERAL COST SHARE.— 

14 ‘‘(i) IN GENERAL.—Except as pro15 vided in subsection (f)(1), the Federal 

16 share of the cost of a project carried out 

17 using funds made available under para18 graph (1) shall not exceed 80 percent of 

19 the total cost of the project. 

20 ‘‘(ii) NON-FEDERAL SHARE.—A State 

21 may use Federal funds other than Federal 

22 funds made available under this subsection 

23 to meet the non-Federal cost share re24 quirement for a project under this sub25 section. 


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1 ‘‘(E) ELIGIBLE PROJECT COSTS.— 

2 ‘‘(i) IN GENERAL.—Except as pro3 vided in clause (ii), eligible project costs 

4 for activities carried out by a State with 

5 funds made available under paragraph (1) 

6 may include the costs of— 

7 ‘‘(I) development phase activities, 

8 including planning, feasibility anal9 ysis, revenue forecasting, environ10 mental review, preliminary engineer11 ing and design work, and other 

12 preconstruction activities; and 

13 ‘‘(II) construction, reconstruc14 tion, rehabilitation, and acquisition of 

15 real property (including land related 

16 to the project and improvements to 

17 land), environmental mitigation, con18 struction contingencies, acquisition of 

19 equipment directly related to improv20 ing system performance, and oper21 ational improvements. 

22 ‘‘(ii) ELIGIBLE PLANNING COSTS.—In 

23 the case of a planning activity described in 

24 subsection (d)(3) that is carried out by a 

25 State with funds made available under 


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1 paragraph (1), eligible costs may include 

2 development phase activities, including 

3 planning, feasibility analysis, revenue fore4 casting, environmental review, preliminary 

5 engineering and design work, other 

6 preconstruction activities, and other activi7 ties consistent with carrying out the pur8 poses of subsection (d)(3). 

9 ‘‘(F) LIMITATIONS.—In carrying out this 

10 subsection, a State— 

11 ‘‘(i) may use not more than 25 per12 cent of the amounts made available under 

13 this subsection for the construction of new 

14 capacity so long as such inclusion is cost15 effective and is directly related to the un16 derlying project; and 

17 ‘‘(ii) may use not more than 10 per18 cent of the amounts made available under 

19 this subsection for activities described in 

20 subparagraph (E)(i)(I). 

21 ‘‘(d) COMPETITIVE AWARDS.— 

22 ‘‘(1) IN GENERAL.—In addition to funds dis23 tributed to States under subsection (c)(1), the Sec24 retary shall provide grants on a competitive basis 


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1 under this subsection to eligible entities described in 

2 paragraph (2). 

3 ‘‘(2) ELIGIBLE ENTITIES.—The Secretary may 

4 make a grant under this subsection to any of the fol5 lowing: 

6 ‘‘(A) A State or political subdivision of a 

7 State. 

8 ‘‘(B) A metropolitan planning organiza9 tion. 

10 ‘‘(C) A unit of local government. 

11 ‘‘(D) A special purpose district or public 

12 authority with a transportation function, includ13 ing a port authority. 

14 ‘‘(E) An Indian tribe. 

15 ‘‘(F) A Federal land management agency 

16 that applies jointly with a State or group of 

17 States. 

18 ‘‘(G) A multi-State or multijurisdictional 

19 group of entities described in subparagraphs 

20 (A) through (F). 

21 ‘‘(3) PLANNING GRANTS.—Using funds made 

22 available for purposes under this subsection, the 

23 Secretary shall provide planning grants to eligible 

24 entities for the purpose of— 


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1 ‘‘(A) in the case of a State or metropolitan 

2 planning organization, developing a resilience 

3 improvement plan under subsection (f)(2); 

4 ‘‘(B) resilience planning, predesign, design, 

5 or the development of data tools to simulate 

6 transportation disruption scenarios, including 

7 vulnerability assessments; 

8 ‘‘(C) technical capacity building by the eli9 gible entity to facilitate the ability of the eligi10 ble entity to assess the vulnerabilities of the in11 frastructure assets and community response 

12 strategies of the eligible entity under current 

13 conditions and a range of potential future con14 ditions; or 

15 ‘‘(D) evacuation planning and preparation. 

16 ‘‘(4) RESILIENCE GRANTS.— 

17 ‘‘(A) RESILIENCE IMPROVEMENT

18 GRANTS.— 

19 ‘‘(i) IN GENERAL.—Using funds made 

20 available for purposes under this sub21 section, the Secretary shall provide resil22 ience improvement grants to eligible enti23 ties to carry out 1 or more eligible activi24 ties under clause (ii). 

25 ‘‘(ii) ELIGIBLE ACTIVITIES.— 


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1 ‘‘(I) IN GENERAL.—An eligible 

2 entity may use a resilience improve3 ment grant under this subparagraph 

4 for 1 or more construction activities 

5 to enable an existing surface transpor6 tation infrastructure asset to with7 stand or reduce the costs and impact 

8 of 1 or more elements of an emer9 gency event, or to increase the resil10 ience of surface transportation infra11 structure from the costs and impacts 

12 of changing conditions, such as sea 

13 level rise, flooding, extreme weather 

14 events, and other natural disasters. 

15 ‘‘(II) INCLUSIONS.—An activity 

16 eligible to be carried out under this 

17 subparagraph includes— 

18 ‘‘(aa) resurfacing, restora19 tion, rehabilitation, reconstruc20 tion, replacement, improvement, 

21 or realignment of an existing sur22 face transportation facility eligi23 ble for assistance under this title; 

24 ‘‘(bb) the incorporation of 

25 natural infrastructure; 


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1 ‘‘(cc) the upgrade of an ex2 isting surface transportation fa3 cility to meet or exceed Federal 

4 Highway Administration ap5 proved design standards; 

6 ‘‘(dd) the installation of 

7 mitigation measures that prevent 

8 the intrusion of floodwaters into 

9 surface transportation systems; 

10 ‘‘(ee) strengthening systems 

11 that remove rainwater from sur12 face transportation facilities; 

13 ‘‘(ff) a resilience project that 

14 addresses identified 

15 vulnerabilities described in the 

16 resilience improvement plan of 

17 the eligible entity, if applicable; 

18 ‘‘(gg) relocating roadways in 

19 a base floodplain to higher 

20 ground above projected flood ele21 vation levels, or away from slide 

22 prone areas; 

23 ‘‘(hh) stabilizing slide areas 

24 or slopes; 

25 ‘‘(ii) installing riprap; 


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1 ‘‘(jj) lengthening or raising 

2 bridges to increase waterway 

3 openings, including to respond to 

4 extreme weather; 

5 ‘‘(kk) deepening channels to 

6 prevent flooding; 

7 ‘‘(ll) increasing the size or 

8 number of drainage structures; 

9 ‘‘(mm) installing seismic ret10 rofits on bridges; 

11 ‘‘(nn) adding scour protec12 tion at bridges; 

13 ‘‘(oo) adding scour, stream 

14 stability, coastal, and other hy15 draulic countermeasures, includ16 ing spur dikes; and 

17 ‘‘(pp) any other protective 

18 features, including natural infra19 structure, as determined by the 

20 Secretary. 

21 ‘‘(iii) PRIORITY.—The Secretary shall 

22 prioritize a resilience improvement grant to 

23 an eligible entity if— 

24 ‘‘(I) the Secretary determines— 


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1 ‘‘(aa) the benefits of the eli2 gible activity proposed to be car3 ried out by the eligible entity ex4 ceed the costs of the activity; and 

5 ‘‘(bb) there is a need to ad6 dress the vulnerabilities of infra7 structure assets of the eligible 

8 entity with a high risk of, and 

9 impacts associated with, failure 

10 due to the impacts of emergency 

11 events or changing conditions, 

12 such as sea level rise and in13 creased flood risk; or 

14 ‘‘(II) the eligible activity pro15 posed to be carried out by the eligible 

16 entity is included in the applicable re17 silience improvement plan under sub18 section (f)(2). 

19 ‘‘(B) COMMUNITY RESILIENCE AND EVAC20 UATION ROUTE GRANTS.— 

21 ‘‘(i) IN GENERAL.—Using funds made 

22 available for purposes under this sub23 section, the Secretary shall provide com24 munity resilience and evacuation route 


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1 grants to eligible entities to carry out 1 or 

2 more eligible activities under clause (ii). 

3 ‘‘(ii) ELIGIBLE ACTIVITIES.—An eligi4 ble entity may use a community resilience 

5 and evacuation route grant under this sub6 paragraph for 1 or more projects that 

7 strengthen and protect evacuation routes 

8 that are essential for providing and sup9 porting evacuations caused by emergency 

10 events, including a project that— 

11 ‘‘(I) is an eligible activity under 

12 subparagraph (A)(ii), if such eligible 

13 activity will improve an evacuation 

14 route; 

15 ‘‘(II) ensures the ability of the 

16 evacuation route to provide safe pas17 sage during an evacuation and re18 duces the risk of damage to evacu19 ation routes as a result of future 

20 emergency events, including restoring 

21 or replacing existing evacuation routes 

22 that are in poor condition or not de23 signed to meet the anticipated de24 mand during an emergency event, and 


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1 including steps to protect routes from 

2 mud, rock, or other debris slides; 

3 ‘‘(III) if the Secretary determines 

4 that existing evacuation routes are not 

5 sufficient to adequately facilitate evac6 uations, including the transportation 

7 of emergency responders and recovery 

8 resources, expands the capacity of 

9 evacuation routes to swiftly and safely 

10 accommodate evacuations, including 

11 installation of— 

12 ‘‘(aa) communications and 

13 intelligent transportation system 

14 equipment and infrastructure; 

15 ‘‘(bb) counterflow measures; 

16 or 

17 ‘‘(cc) shoulders; 

18 ‘‘(IV) is for the construction of— 

19 ‘‘(aa) new or redundant 

20 evacuation routes, if the Sec21 retary determines that existing 

22 evacuation routes are not suffi23 cient to adequately facilitate 

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1 portation of emergency respond2 ers and recovery resources; or 

3 ‘‘(bb) sheltering facilities 

4 that are functionally connected to 

5 an eligible project; 

6 ‘‘(V) is for the acquisition of 

7 evacuation route or traffic incident 

8 management equipment, vehicles, or 

9 signage; or 

10 ‘‘(VI) will ensure access or serv11 ice to critical destinations, including 

12 hospitals and other medical or emer13 gency service facilities, major employ14 ers, critical manufacturing centers, 

15 ports and intermodal facilities, utili16 ties, and Federal facilities. 

17 ‘‘(iii) PRIORITY.—The Secretary shall 

18 prioritize community resilience and evacu19 ation route grants under this subpara20 graph for eligible activities that are cost-ef21 fective, as determined by the Secretary, 

22 taking into account— 

23 ‘‘(I) current and future 

24 vulnerabilities to an evacuation route 

25 due to future occurrence or recurrence 


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1 of emergency events that are likely to 

2 occur in the geographic area in which 

3 the evacuation route is located; and 

4 ‘‘(II) projected changes in devel5 opment patterns, demographics, and 

6 extreme weather events based on the 

7 best available evidence and analysis. 

8 ‘‘(iv) CONSULTATION.—In providing 

9 grants for community resilience and evacu10 ation routes under this subparagraph, the 

11 Secretary shall consult with the Adminis12 trator of the Federal Emergency Manage13 ment Agency, who shall provide technical 

14 assistance to the Secretary and to eligible 

15 entities. 

16 ‘‘(C) AT-RISK COASTAL INFRASTRUCTURE

17 GRANTS.— 

18 ‘‘(i) DEFINITION OF COASTAL

19 STATE.—In this subparagraph, the term 

20 ‘coastal State’ means— 

21 ‘‘(I) a State in, or bordering on, 

22 the Atlantic, Pacific, or Arctic Ocean, 

23 the Gulf of Mexico, the Long Island 

24 Sound, or 1 or more of the Great 

25 Lakes; 


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1 ‘‘(II) the United States Virgin Is2 lands; 

3 ‘‘(III) Guam; 

4 ‘‘(IV) American Samoa; 

5 ‘‘(V) the Commonwealth of the 

6 Northern Mariana Islands; and 

7 ‘‘(VI) Puerto Rico. 

8 ‘‘(ii) GRANTS.—Using funds made 

9 available for purposes under this sub10 section, the Secretary shall provide at-risk 

11 coastal infrastructure grants to eligible en12 tities in coastal States to carry out 1 or 

13 more eligible activities under clause (iii). 

14 ‘‘(iii) ELIGIBLE ACTIVITIES.—An eli15 gible entity may use an at-risk coastal in16 frastructure grant under this subpara17 graph for strengthening, stabilizing, hard18 ening, elevating, relocating, or otherwise 

19 enhancing the resilience of highway and 

20 non-rail infrastructure, including bridges, 

21 roads, pedestrian walkways, and bicycle 

22 lanes, and associated infrastructure (such 

23 as culverts and tide gates) that are subject 

24 to, or face increased long-term future risks 

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1 tions, including coastal flooding, coastal 

2 erosion, wave action, storm surge, or sea 

3 level rise, in order to improve transpor4 tation and public safety and to reduce 

5 costs by avoiding larger future mainte6 nance or rebuilding costs. 

7 ‘‘(iv) CRITERIA.—The Secretary shall 

8 provide at-risk coastal infrastructure 

9 grants under this subparagraph for a 

10 project— 

11 ‘‘(I) that addresses the risks 

12 from a current or future weather 

13 event or natural disaster, including 

14 coastal flooding, coastal erosion, wave 

15 action, storm surge, or sea level rise; 

16 and 

17 ‘‘(II) that reduces long-term in18 frastructure costs by avoiding larger 

19 future maintenance or rebuilding 

20 costs. 

21 ‘‘(v) COASTAL BENEFITS.—In addi22 tion to the criteria under clause (iv), for 

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1 graph, the Secretary shall evaluate the ex2 tent to which a project will provide— 

3 ‘‘(I) access to coastal homes, 

4 businesses, communities, and other 

5 critical infrastructure, including ac6 cess by first responders and other 

7 emergency personnel; or 

8 ‘‘(II) access to a designated evac9 uation route. 

10 ‘‘(5) GRANT REQUIREMENTS.— 

11 ‘‘(A) SOLICITATIONS FOR GRANTS.—In 

12 providing grants under this subsection, the Sec13 retary shall conduct a transparent and competi14 tive national solicitation process to select eligi15 ble projects to receive grants under paragraph 

16 (3) and subparagraphs (A), (B), and (C) of 

17 paragraph (4). 

18 ‘‘(B) APPLICATIONS.— 

19 ‘‘(i) IN GENERAL.—To be eligible to 

20 receive a grant under paragraph (3) or 

21 subparagraph (A), (B), or (C) of para22 graph (4), an eligible entity shall submit to 

23 the Secretary an application in such form, 

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1 tion as the Secretary determines to be nec2 essary. 

3 ‘‘(ii) PROJECTS IN CERTAIN AREAS.— 

4 If a project is proposed to be carried out 

5 by the eligible entity, in whole or in part, 

6 within a base floodplain, the eligible entity 

7 shall— 

8 ‘‘(I) as part of the application, 

9 identify the floodplain in which the 

10 project is to be located and disclose 

11 that information to the Secretary; and 

12 ‘‘(II) indicate in the application 

13 whether, if selected, the eligible entity 

14 will implement 1 or more components 

15 of the risk mitigation plan under sec16 tion 322 of the Robert T. Stafford 

17 Disaster Relief and Emergency Assist18 ance Act (42 U.S.C. 5165) with re19 spect to the area. 

20 ‘‘(C) ELIGIBILITIES.—The Secretary may 

21 make a grant under paragraph (3) or subpara22 graph (A), (B), or (C) of paragraph (4) only 

23 for— 

24 ‘‘(i) a highway project eligible for as25 sistance under this title; 


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1 ‘‘(ii) a public transportation facility or 

2 service eligible for assistance under chapter 

3 53 of title 49; or 

4 ‘‘(iii) a facility or service for intercity 

5 rail passenger transportation (as defined in 

6 section 24102 of title 49). 

7 ‘‘(D) SYSTEM RESILIENCE.—A project for 

8 which a grant is provided under paragraph (3) 

9 or subparagraph (A), (B), or (C) of paragraph 

10 (4) may include the use of natural infrastruc11 ture or the construction or modification of 

12 storm surge, flood protection, or aquatic eco13 system restoration elements that the Secretary 

14 determines are functionally connected to a 

15 transportation improvement, such as— 

16 ‘‘(i) increasing marsh health and total 

17 area adjacent to a highway right-of-way to 

18 promote additional flood storage; 

19 ‘‘(ii) upgrades to and installation of 

20 culverts designed to withstand 100-year 

21 flood events; 

22 ‘‘(iii) upgrades to and installation of 

23 tide gates to protect highways; and 

24 ‘‘(iv) upgrades to and installation of 

25 flood gates to protect tunnel entrances. 


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1 ‘‘(E) FEDERAL COST SHARE.— 

2 ‘‘(i) PLANNING GRANT.—The Federal 

3 share of the cost of a planning activity car4 ried out using a planning grant under 

5 paragraph (3) shall be 100 percent. 

6 ‘‘(ii) RESILIENCE GRANTS.— 

7 ‘‘(I) IN GENERAL.—Except as 

8 provided in subclause (II) and sub9 section (f)(1), the Federal share of 

10 the cost of a project carried out using 

11 a grant under subparagraph (A), (B), 

12 or (C) of paragraph (4) shall not ex13 ceed 80 percent of the total cost of 

14 the project. 

15 ‘‘(II) TRIBAL PROJECTS.—On 

16 the determination of the Secretary, 

17 the Federal share of the cost of a 

18 project carried out using a grant 

19 under subparagraph (A), (B), or (C) 

20 of paragraph (4) by an Indian tribe 

21 may be up to 100 percent. 

22 ‘‘(iii) NON-FEDERAL SHARE.—The eli23 gible entity may use Federal funds other 

24 than Federal funds provided under this 

25 subsection to meet the non-Federal cost 


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1 share requirement for a project carried out 

2 with a grant under this subsection. 

3 ‘‘(F) ELIGIBLE PROJECT COSTS.— 

4 ‘‘(i) RESILIENCE GRANT PROJECTS.— 

5 Eligible project costs for activities funded 

6 with a grant under subparagraph (A), (B), 

7 or (C) of paragraph (4) may include the 

8 costs of— 

9 ‘‘(I) development phase activities, 

10 including planning, feasibility anal11 ysis, revenue forecasting, environ12 mental review, preliminary engineer13 ing and design work, and other 

14 preconstruction activities; and 

15 ‘‘(II) construction, reconstruc16 tion, rehabilitation, and acquisition of 

17 real property (including land related 

18 to the project and improvements to 

19 land), environmental mitigation, con20 struction contingencies, acquisition of 

21 equipment directly related to improv22 ing system performance, and oper23 ational improvements. 

24 ‘‘(ii) PLANNING GRANTS.—Eligible 

25 project costs for activities funded with a 


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1 grant under paragraph (3) may include the 

2 costs of development phase activities, in3 cluding planning, feasibility analysis, rev4 enue forecasting, environmental review, 

5 preliminary engineering and design work, 

6 other preconstruction activities, and other 

7 activities consistent with carrying out the 

8 purposes of that paragraph. 

9 ‘‘(G) LIMITATIONS.—An eligible entity 

10 that receives a grant under subparagraph (A), 

11 (B), or (C) of paragraph (4)— 

12 ‘‘(i) may use not more than 25 per13 cent of the amount of the grant for the 

14 construction of new capacity so long as 

15 such inclusion is cost-effective and is di16 rectly related to the underlying project; 

17 and 

18 ‘‘(ii) may use not more than 10 per19 cent of the amount of the grant for activi20 ties described in subparagraph (F)(i)(I). 

21 ‘‘(H) DISTRIBUTION OF GRANTS.— 

22 ‘‘(i) IN GENERAL.—Subject to the 

23 availability of funds, an eligible entity may 

24 request and the Secretary may distribute 

25 funds for a grant under this subsection on 


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1 a multi-year basis, as the Secretary deter2 mines to be necessary. 

3 ‘‘(ii) RURAL SET-ASIDE.—Of the 

4 amounts made available to carry out this 

5 subsection for each fiscal year, the Sec6 retary shall use not less than 25 percent 

7 for grants for projects located in areas 

8 that are outside an urbanized area with a 

9 population of over 200,000. 

10 ‘‘(iii) TRIBAL SET-ASIDE.—Of the 

11 amounts made available to carry out this 

12 subsection for each fiscal year, the Sec13 retary shall use not less than 2 percent for 

14 grants to Indian tribes. 

15 ‘‘(iv) REALLOCATION.—For any fiscal 

16 year, if the Secretary determines that the 

17 amount described in clause (ii) or (iii) will 

18 not be fully utilized for the grant described 

19 in that clause, the Secretary may reallocate 

20 the unutilized funds to provide grants to 

21 other eligible entities under this subsection. 

22 ‘‘(e) CONSULTATION.—In carrying out the program, 

23 the Secretary shall— 

24 ‘‘(1) consult with the Assistant Secretary of the 

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1 vironmental Protection Agency, the Secretary of the 

2 Interior, and the Secretary of Commerce; and 

3 ‘‘(2) solicit technical support from the Adminis4 trator of the Federal Emergency Management Agen5 cy. 

6 ‘‘(f) RESILIENCE IMPROVEMENT PLAN AND LOWER

7 NON-FEDERAL SHARE.— 

8 ‘‘(1) FEDERAL SHARE REDUCTIONS.— 

9 ‘‘(A) IN GENERAL.—A State that receives 

10 funds under subsection (c) or an eligible entity 

11 that receives a grant under subsection (d) shall 

12 have the non-Federal share of a project carried 

13 out with the funds or grant, as applicable, re14 duced by an amount described in subparagraph 

15 (B) if the State or eligible entity meets the ap16 plicable requirements under that subparagraph. 

17 ‘‘(B) AMOUNT OF REDUCTIONS.— 

18 ‘‘(i) RESILIENCE IMPROVEMENT

19 PLAN.—Subject to clause (iii), the amount 

20 of the non-Federal share of the costs of a 

21 project carried out with funds under sub22 section (c) or a grant under subsection (d) 

23 shall be reduced by 7 percentage points 

24 if— 


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1 ‘‘(I) in the case of a State or an 

2 eligible entity that is a State or a 

3 metropolitan planning organization, 

4 the State or eligible entity has— 

5 ‘‘(aa) developed a resilience 

6 improvement plan in accordance 

7 with this subsection; and 

8 ‘‘(bb) prioritized the project 

9 on that resilience improvement 

10 plan; and 

11 ‘‘(II) in the case of an eligible en12 tity not described in subclause (I), the 

13 eligible entity is located in a State or 

14 an area served by a metropolitan 

15 planning organization that has— 

16 ‘‘(aa) developed a resilience 

17 improvement plan in accordance 

18 with this subsection; and 

19 ‘‘(bb) prioritized the project 

20 on that resilience improvement 

21 plan. 

22 ‘‘(ii) INCORPORATION OF RESILIENCE

23 IMPROVEMENT PLAN IN OTHER PLAN24 NING.—Subject to clause (iii), the amount 

25 of the non-Federal share of the cost of a 


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1 project carried out with funds under sub2 section (c) or a grant under subsection (d) 

3 shall be reduced by 3 percentage points 

4 if— 

5 ‘‘(I) in the case of a State or an 

6 eligible entity that is a State or a 

7 metropolitan planning organization, 

8 the resilience improvement plan devel9 oped in accordance with this sub10 section has been incorporated into the 

11 metropolitan transportation plan 

12 under section 134 or the long-range 

13 statewide transportation plan under 

14 section 135, as applicable; and 

15 ‘‘(II) in the case of an eligible en16 tity not described in subclause (I), the 

17 eligible entity is located in a State or 

18 an area served by a metropolitan 

19 planning organization that incor20 porated a resilience improvement plan 

21 into the metropolitan transportation 

22 plan under section 134 or the long23 range statewide transportation plan 

24 under section 135, as applicable. 

25 ‘‘(iii) LIMITATIONS.— 


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1 ‘‘(I) MAXIMUM REDUCTION.—A 

2 State or eligible entity may not receive 

3 a reduction under this paragraph of 

4 more than 10 percentage points for 

5 any single project carried out with 

6 funds under subsection (c) or a grant 

7 under subsection (d). 

8 ‘‘(II) NO NEGATIVE NON-FED9 ERAL SHARE.—A reduction under this 

10 paragraph shall not reduce the non11 Federal share of the costs of a project 

12 carried out with funds under sub13 section (c) or a grant under sub14 section (d) to an amount that is less 

15 than zero. 

16 ‘‘(2) PLAN CONTENTS.—A resilience improve17 ment plan referred to in paragraph (1)— 

18 ‘‘(A) shall be for the immediate and long19 range planning activities and investments of the 

20 State or metropolitan planning organization 

21 with respect to resilience; 

22 ‘‘(B) shall demonstrate a systemic ap23 proach to transportation system resilience and 

24 be consistent with and complementary of the 

25 State and local mitigation plans required under 


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1 section 322 of the Robert T. Stafford Disaster 

2 Relief and Emergency Assistance Act (42 

3 U.S.C. 5165); 

4 ‘‘(C) shall— 

5 ‘‘(i) include a risk-based assessment 

6 of vulnerabilities of transportation assets 

7 and systems to current and future extreme 

8 weather events and natural disasters, in9 cluding severe storms, flooding, tornados, 

10 drought, levee and dam failures, wildfire, 

11 landslides, sea level rise, extreme weather 

12 events, including extreme temperatures, 

13 and earthquakes; 

14 ‘‘(ii) designate evacuation routes and 

15 strategies, including multimodal facilities, 

16 designated with consideration for individ17 uals without access to personal vehicles; 

18 ‘‘(iii) plan for response to anticipated 

19 emergency events, including plans for the 

20 mobility of— 

21 ‘‘(I) emergency response per22 sonnel and equipment; and 

23 ‘‘(II) access to emergency serv24 ices, including for vulnerable or dis25 advantaged populations; 


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1 ‘‘(iv) describe the resilience improve2 ment policies, including strategies, land-use 

3 and zoning changes, investments in natural 

4 infrastructure, or performance measures 

5 that will inform the transportation invest6 ment decisions of the State or metropolitan 

7 planning organization with the goal of in8 creasing resilience; 

9 ‘‘(v) include an investment plan 

10 that— 

11 ‘‘(I) includes a list of priority 

12 projects; and 

13 ‘‘(II) describes how funds pro14 vided by a grant under the program 

15 would be invested and matched, which 

16 shall not be subject to fiscal con17 straint requirements; and 

18 ‘‘(vi) use science and data and indi19 cate the source of data and methodologies; 

20 and 

21 ‘‘(D) shall, as appropriate— 

22 ‘‘(i) include a description of how the 

23 plan will improve the ability of the State or 

24 metropolitan planning organization— 


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1 ‘‘(I) to respond promptly to the 

2 impacts of weather events and natural 

3 disasters; and 

4 ‘‘(II) to be prepared for changing 

5 conditions, such as sea level rise and 

6 increased flood risk; 

7 ‘‘(ii) describe the codes, standards, 

8 and regulatory framework, if any, adopted 

9 and enforced to ensure resilience improve10 ments within the impacted area of pro11 posed projects included in the resilience 

12 improvement plan; 

13 ‘‘(iii) consider the benefits of com14 bining hard infrastructure assets, and nat15 ural infrastructure, through coordinated 

16 efforts by the Federal Government and the 

17 States; 

18 ‘‘(iv) assess the resilience of other 

19 community assets, including buildings and 

20 housing, emergency management assets, 

21 and energy, water, and communication in22 frastructure; 

23 ‘‘(v) use a long-term planning period; 

24 and 


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1 ‘‘(vi) include such other information 

2 as the eligible entity considers appropriate. 

3 ‘‘(3) NO NEW PLANNING REQUIREMENTS.— 

4 Nothing in this section requires a metropolitan plan5 ning organization or a State to develop a resilience 

6 improvement plan or to include a resilience improve7 ment plan under the metropolitan transportation 

8 plan under section 134 or the long-range statewide 

9 transportation plan under section 135, as applicable, 

10 of the metropolitan planning organization or State. 

11 ‘‘(g) MONITORING.— 

12 ‘‘(1) IN GENERAL.—Not later than 18 months 

13 after the date of enactment of this section, the Sec14 retary, in consultation with the officials described in 

15 subsection (e), shall— 

16 ‘‘(A) establish, for the purpose of evalu17 ating the effectiveness and impacts of projects 

18 carried out under the program— 

19 ‘‘(i) subject to paragraph (2), trans20 portation and any other metrics as the 

21 Secretary determines to be necessary; and 

22 ‘‘(ii) procedures for monitoring and 

23 evaluating projects based on those metrics; 

24 and 


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1 ‘‘(B) select a representative sample of 

2 projects to evaluate based on the metrics and 

3 procedures established under subparagraph (A). 

4 ‘‘(2) NOTICE.—Before adopting any metrics de5 scribed in paragraph (1), the Secretary shall— 

6 ‘‘(A) publish the proposed metrics in the 

7 Federal Register; and 

8 ‘‘(B) provide to the public an opportunity 

9 for comment on the proposed metrics. 

10 ‘‘(h) REPORTS.— 

11 ‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not 

12 later than 1 year after the date on which a project 

13 carried out under the program is completed, the en14 tity that carried out the project shall submit to the 

15 Secretary a report on the results of the project and 

16 the use of the funds received under the program. 

17 ‘‘(2) REPORTS TO CONGRESS.— 

18 ‘‘(A) ANNUAL REPORTS.—The Secretary 

19 shall submit to the Committee on Transpor20 tation and Infrastructure of the House of Rep21 resentatives and the Committee on Environ22 ment and Public Works of the Senate, and pub23 lish on the website of the Department of Trans24 portation, an annual report that describes the 


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1 implementation of the program during the pre2 ceding calendar year, including— 

3 ‘‘(i) each project for which a grant 

4 was provided under the program; 

5 ‘‘(ii) information relating to project 

6 applications received; 

7 ‘‘(iii) the manner in which the con8 sultation requirements were implemented 

9 under this section; 

10 ‘‘(iv) recommendations to improve the 

11 administration of the program, including 

12 whether assistance from additional or 

13 fewer agencies to carry out the program is 

14 appropriate; 

15 ‘‘(v) the period required to disburse 

16 grant funds to recipients based on applica17 ble Federal coordination requirements; and 

18 ‘‘(vi) a list of facilities that repeatedly 

19 require repair or reconstruction due to 

20 emergency events. 

21 ‘‘(B) FINAL REPORT.—Not later than 5 

22 years after the date of enactment of the 

23 STARTER Act 2.0, the Secretary shall submit 

24 to Congress a report that includes the results of 

25 the reports submitted under subparagraph (A). 


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1 The Secretary shall use not more than 5 per2 cent of the amounts made available to carry out 

3 the program for each fiscal year for the costs 

4 of administering the program, including moni5 toring and evaluation under subsection (g). 

6 ‘‘(C) CONSULTATION.—In developing guid7 ance and regulations, and in providing grants 

8 for under this section, the Secretary shall con9 sult with the Administrator of the Federal 

10 Emergency Management Agency, who shall pro11 vide technical assistance to the Secretary and to 

12 eligible entities.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for chap14 ter 1 of title 23, United States Code, as amended by this 

15 Act, is further amended by adding at the end the fol16 lowing: 

‘‘173. Promoting Resilient Operations for Transformative, Efficient, and Costsaving Transportation (PROTECT) grant program.’’. 

17 SEC. 7002. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

18 Section 119 of title 23, United States Code, is 

19 amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (2) by striking ‘‘and’’ at 

22 the end; 

23 (B) in paragraph (3) by striking the period 

24 at the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(4) to provide support for measures to in3 crease the resiliency of Federal-aid highways and 

4 bridges on and off the National Highway System to 

5 mitigate the impacts of sea level rise, extreme weath6 er events, flooding, or other natural disasters.’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(k) PROTECTIVE FEATURES.— 

9 ‘‘(1) IN GENERAL.—A State may use not more 

10 than 15 percent of the funds apportioned to the 

11 State under section 104(b)(1) for each fiscal year 

12 for 1 or more protective features on a Federal-aid 

13 highway or bridge off the National Highway System, 

14 if the protective feature is designed to mitigate the 

15 risk of recurring damage, or the cost of future re16 pairs, from extreme weather events, flooding, or 

17 other natural disasters. 

18 ‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A 

19 protective feature referred to in paragraph (1) may 

20 include— 

21 ‘‘(A) raising roadway grades; 

22 ‘‘(B) relocating roadways in a base flood23 plain to higher ground above projected flood 

24 elevation levels or away from slide prone areas; 

25 ‘‘(C) stabilizing slide areas; 


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1 ‘‘(D) stabilizing slopes; 

2 ‘‘(E) installing riprap; 

3 ‘‘(F) lengthening or raising bridges to in4 crease waterway openings; 

5 ‘‘(G) deepening channels to prevent flood6 ing; 

7 ‘‘(H) increasing the size or number of 

8 drainage structures; 

9 ‘‘(I) replacing culverts with bridges or 

10 upsizing culverts; 

11 ‘‘(J) repairing or maintaining tide gates; 

12 ‘‘(K) installing seismic retrofits on bridges; 

13 ‘‘(L) adding scour protection at bridges; 

14 ‘‘(M) adding scour, stream stability, coast15 al, or other hydraulic countermeasures, includ16 ing spur dikes; 

17 ‘‘(N) the use of natural infrastructure to 

18 mitigate the risk of recurring damage or the 

19 cost of future repair from extreme weather 

20 events, flooding, or other natural disasters; and 

21 ‘‘(O) any other features that mitigate the 

22 risk of recurring damage or the cost of future 

23 repair as a result of extreme weather events, 

24 flooding, or other natural disasters, as deter25 mined by the Secretary. 


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1 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

2 this subsection may be construed to limit the ability 

3 of a State to carry out a project otherwise eligible 

4 under subsection (d) using funds apportioned under 

5 section 104(b)(1).’’. 

6 SEC. 7003. RESILIENCE IN FEDERAL-AID HIGHWAY PRO7 GRAMS. 

8 (a) DEFINITIONS.—Section 101(a) of title 23, United 

9 States Code, is amended— 

10 (1) by redesignating paragraphs (17) through 

11 (22) as paragraphs (18) through (23), respectively; 

12 (2) by redesignating paragraphs (23) through 

13 (34) as paragraphs (25) through (36), respectively; 

14 (3) by inserting after paragraph (16) the fol15 lowing: 

16 ‘‘(17) NATURAL INFRASTRUCTURE.— 

17 ‘‘(A) IN GENERAL.—The term ‘natural in18 frastructure’ means infrastructure that uses, re19 stores, or emulates natural ecological processes 

20 and— 

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

22 natural physical, geological, biological, and 

23 chemical processes over time; 


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1 ‘‘(ii) is created by human design, en2 gineering, and construction to emulate or 

3 act 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 pres7 ervation 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 in13 frastructure’ includes green infrastructure and 

14 nature-based solutions.’’; and 

15 (4) by inserting after paragraph (23), as so re16 designated, the following: 

17 ‘‘(24) RESILIENCE.—The term ‘resilience’, with 

18 respect to a project, means a project with the ability 

19 to anticipate, prepare for, or adapt to conditions or 

20 withstand, respond to, or recover rapidly from dis21 ruptions, including the ability— 

22 ‘‘(A) to— 

23 ‘‘(i) resist hazards or withstand im24 pacts from weather events and natural dis25 asters; or 


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1 ‘‘(ii) reduce the magnitude or dura2 tion of impacts of a disruptive weather 

3 event or natural disaster on a project; and 

4 ‘‘(B) to have the absorptive capacity, 

5 adaptive capacity, and recoverability to decrease 

6 project vulnerability to weather events or other 

7 natural disasters.’’. 

8 (b) NATIONAL HIGHWAY PERFORMANCE PRO9 GRAM.—Section 119(d)(2) of title 23, United States Code, 

10 is amended by adding at the end the following: 

11 ‘‘(Q) Improving the resilience of projects 

12 funded under this section, including through 

13 the use of natural infrastructure.’’. 

14 (c) SURFACE TRANSPORTATION BLOCK GRANT PRO15 GRAM.—Section 133(b) of title 23, United States Code, 

16 is amended by adding at the end the following: 

17 ‘‘(16) Projects to improve the resilience of a 

18 transportation facility, including through the use of 

19 natural infrastructure, otherwise eligible for assist20 ance under this section.’’. 

21 (d) TRIBAL TRANSPORTATION PROGRAM.—Section 

22 202(a)(1)(A) of title 23, United States Code, is amend23 ed— 

24 (1) in clause (vii) by striking ‘‘; and’’ and in25 serting a semicolon; 


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1 (2) by redesginating clause (viii) as clause (ix); 

2 and 

3 (3) by inserting after clause (vii) the following: 

4 ‘‘(viii) projects to improve the resil5 ience of a tribal transportation facility, in6 cluding through the use of natural infra7 structure; and’’. 

8 (e) FEDERAL LANDS TRANSPORTATION PROGRAM.— 

9 Section 203(a)(1)(A) of title 23, United States Code, is 

10 amended— 

11 (1) in clause (vi) by striking ‘‘; and’’ and insert12 ing a semicolon; 

13 (2) by redesignating clause (vii) as clause (viii); 

14 and 

15 (3) by inserting after clause (vi) the following: 

16 ‘‘(vii) projects to improve the resil17 ience of a tribal transportation facility, in18 cluding through the use of natural infra19 structure; and’’. 

20 (f) FEDERAL LANDS ACCESS PROGRAM.—Section 

21 204(a)(1)(A) of title 23, United States Code, is amend22 ed— 

23 (1) in clause (v) by striking ‘‘; and’’ and insert24 ing a semicolon; 


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1 (2) by redesignating clause (vi) as clause (vii); 

2 and 

3 (3) by inserting after clause (v) the following: 

4 ‘‘(vi) projects to improve the resilience 

5 of a tribal transportation facility, including 

6 through the use of natural infrastructure; 

7 and’’. 

8 SEC. 7004. RESILIENCY IN TRANSIT. 

9 Section 5324 of title 49, United States Code, is 

10 amended by— 

11 (1) striking ‘‘and’’ at the end of subsection 

12 (b)(1); 

13 (2) striking the period at the end of subsection 

14 (b)(2)(B) and inserting ‘‘; and’’; and 

15 (3) by adding at the end of subsection (b) the 

16 following new paragraph: 

17 ‘‘(3) mitigation projects and activities that the 

18 Secretary determines are cost effective and which 

19 substantially reduce the risk of, or increase resilience 

20 to, future damage, hardship, or loss, related to 

21 equipment and facilities of a public transportation 

22 system operating in the United States or on an In23 dian reservation that the Secretary determines is in 

24 danger of suffering serious damage, or has suffered 

25 serious damage, as a result of an emergency.’’. 


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1 SEC. 7005. HIGHWAY EMERGENCY RELIEF AND RESIL2 IENCY. 

3 (a) IN GENERAL.—Section 125 of title 23, United 

4 States Code, is amended— 

5 (1) in subsection (a)(1), by inserting ‘‘wildfire, 

6 sea level rise,’’ after ‘‘severe storm’’; 

7 (2) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under 

10 this section shall not be used for the repair or reconstruc11 tion of a bridge that has been permanently closed to all 

12 vehicular traffic by a Federal, State, Tribal, or local offi13 cial because of imminent danger of collapse due to a struc14 tural deficiency or physical deterioration.’’; and 

15 (3) in subsection (d)— 

16 (A) in paragraph (2)(A)— 

17 (i) by striking the period at the end 

18 and inserting ‘‘; and’’; 

19 (ii) by striking ‘‘a facility that meets 

20 the current’’ and inserting the following: 

21 ‘‘a facility that— 

22 ‘‘(i) meets the current’’; and 

23 (iii) by adding at the end the fol24 lowing: 

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1 onstrated to mitigate and reduce the risk 

2 of recurring damage from extreme weather 

3 events, flooding, or other natural disas4 ters.’’; 

5 (B) by redesignating paragraphs (3) 

6 through (5) as paragraphs (4) through (6), re7 spectively; and 

8 (C) by inserting after paragraph (2) the 

9 following: 

10 ‘‘(3) PROTECTIVE FEATURES.— 

11 ‘‘(A) IN GENERAL.—The cost of an im12 provement that is part of a project under this 

13 section shall be an eligible expense under this 

14 section if the improvement is a protective fea15 ture that is designed and demonstrated to miti16 gate and reduce the risk of recurring damage, 

17 or the cost of future repair, from extreme 

18 weather events, flooding, or other natural disas19 ters. 

20 ‘‘(B) PROTECTIVE FEATURES DE21 SCRIBED.—A protective feature referred to in 

22 subparagraph (A) may include— 

23 ‘‘(i) raising roadway grades; 

24 ‘‘(ii) relocating roadways in a base 

25 floodplain to higher ground above projected 


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1 flood elevation levels or away from slide 

2 prone areas; 

3 ‘‘(iii) stabilizing slide areas; 

4 ‘‘(iv) stabilizing slopes; 

5 ‘‘(v) installing riprap; 

6 ‘‘(vi) lengthening or raising bridges to 

7 increase waterway openings; 

8 ‘‘(vii) deepening channels to prevent 

9 flooding; 

10 ‘‘(viii) increasing the size or number 

11 of drainage structures; 

12 ‘‘(ix) replacing culverts with bridges 

13 or upsizing culverts; 

14 ‘‘(x) repairing or maintaining tide 

15 gates; 

16 ‘‘(xi) installing seismic retrofits on 

17 bridges; 

18 ‘‘(xii) adding scour protection at 

19 bridges; 

20 ‘‘(xiii) adding scour, stream stability, 

21 coastal, and other hydraulic counter22 measures, including spur dikes; 

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1 treme weather events, flooding, or other 

2 natural disasters; and 

3 ‘‘(xv) any other features that mitigate 

4 the risk of recurring damage or the cost of 

5 future repair as a result of extreme weath6 er events, flooding, or other natural disas7 ters, as determined by the Secretary.’’. 

8 (b) EMERGENCY RELIEF PROJECTS.— 

9 (1) DEFINITION OF EMERGENCY RELIEF

10 PROJECT.—In this section, the term ‘‘emergency re11 lief project’’ means a project carried out under the 

12 emergency relief program under section 125 of title 

13 23, United States Code. 

14 (2) IMPROVING THE EMERGENCY RELIEF PRO15 GRAM.—Not later than 90 days after the date of en16 actment of this Act, the Secretary shall— 

17 (A) revise the emergency relief manual of 

18 the Federal Highway Administration— 

19 (i) to include and reflect the definition 

20 of the term ‘‘resilience’’ (as defined in sec21 tion 101(a) of title 23, United States 

22 Code); 

23 (ii) to ensure resilience measures are 

24 cost effective and substantially reduce the 

25 risk of, or increase resilience to, future 


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1 damage, hardship, loss, or suffering in any 

2 area affected by a major disaster or emer3 gency declared by the President under sec4 tion 401 of the Robert T. Stafford Dis5 aster Relief and Emergency Assistance Act 

6 (42 U.S.C. 5170); 

7 (iii) to identify procedures that States 

8 may use to incorporate resilience into 

9 emergency relief projects; and 

10 (iv) to encourage the use of Complete 

11 Streets design principles and consideration 

12 of access for moderate and low-income 

13 families impacted by a major disaster or 

14 emergency declared by the President under 

15 section 401 of the Robert T. Stafford Dis16 aster Relief and Emergency Assistance Act 

17 (42 U.S.C. 5170); 

18 (B) develop best practices for improving 

19 the use of resilience in— 

20 (i) the emergency relief program 

21 under section 125 of title 23, United 

22 States Code; and 

23 (ii) emergency relief efforts; 

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1 ments of transportation information on the best 

2 practices developed under paragraph (2); and 

3 (D) develop and implement a process to 

4 track— 

5 (i) the consideration of resilience as 

6 part of the emergency relief program under 

7 section 125 of title 23, United States 

8 Code; and 

9 (ii) the measurement of risk reduction 

10 and costs of emergency relief projects. 

11 (3) CONSULTATION.—In carrying out actions 

12 pursuant to paragraph (2), the Secretary shall con13 sult with the Administrator of the Federal Emer14 gency Management Agency to ensure resiliency guid15 ance and activities are consistent with and do not 

16 conflict with other resiliency and mitigation activities 

17 and priorities. 

18 SEC. 7006. HIGHWAY RESILIENCY INCENTIVES. 

19 Section 120(c) of title 23, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(4) PROTECTIVE FEATURES.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding any 

23 other provision of law, the Federal share pay24 able for the cost of a protective feature on a 

25 Federal-aid highway or bridge project under 


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1 this title may be up to 100 percent, at the dis2 cretion of the State, if the protective feature is 

3 an improvement designed and demonstrated to 

4 mitigate and reduce the risk of recurring dam5 age, or the cost of future repair, from extreme 

6 weather events, flooding, or other natural disas7 ters. 

8 ‘‘(B) PROTECTIVE FEATURES DE9 SCRIBED.—A protective feature referred to in 

10 subparagraph (A) may include— 

11 ‘‘(i) raising roadway grades; 

12 ‘‘(ii) relocating roadways in a base 

13 floodplain to higher ground above projected 

14 flood elevation levels or away from slide 

15 prone areas; 

16 ‘‘(iii) stabilizing slide areas; 

17 ‘‘(iv) stabilizing slopes; 

18 ‘‘(v) installing riprap; 

19 ‘‘(vi) lengthening or raising bridges to 

20 increase waterway openings; 

21 ‘‘(vii) deepening channels to prevent 

22 flooding; 

23 ‘‘(viii) increasing the size or number 

24 of drainage structures; 


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1 ‘‘(ix) replacing culverts with bridges 

2 or upsizing culverts; 

3 ‘‘(x) repairing or maintaining tide 

4 gates; 

5 ‘‘(xi) installing seismic retrofits on 

6 bridges; 

7 ‘‘(xii) adding scour protection at 

8 bridges; 

9 ‘‘(xiii) adding scour, stream stability, 

10 coastal, and other hydraulic counter11 measures, including spur dikes; 

12 ‘‘(xiv) the use of natural infrastruc13 ture to mitigate and reduce the risk of re14 curring damage or the cost of future repair 

15 from extreme weather events, flooding, or 

16 other natural disasters; and 

17 ‘‘(xv) any other features that mitigate 

18 and reduce the risk of recurring damage or 

19 the cost of future repair as a result of ex20 treme weather events, flooding, or other 

21 natural disasters, as determined by the 

22 Secretary.’’. 


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1 SEC. 7007. GUIDANCE ON INUNDATED AND SUBMERGED 

2 ROADS. 

3 Upon the issuance of guidance 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, res9 toration, and replacement of inundated and submerged 

10 roads damaged or destroyed by a major disaster declared 

11 pursuant to the Robert T. Stafford Disaster Relief and 

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

13 respect to roads eligible for assistance under Federal 

14 Highway Administration programs. 

15 SEC. 7008. GUIDANCE ON EVACUATION ROUTES. 

16 (a) IN GENERAL.— 

17 (1) GUIDANCE.—The Administrator of the Fed18 eral Highway Administration, in coordination with 

19 the Administrator of the Federal Emergency Man20 agement Agency and consistent with guidance issued 

21 by the Federal Emergency Management Agency pur22 suant to section 1209 of the Disaster Recovery Re23 form Act of 2018 (Public Law 115–254), shall re24 vise existing guidance or issue new guidance as ap25 propriate for State, local, and Indian Tribal governVerDate Sep 11 2014 22:49 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\H3341.IH H3341

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1 ments regarding the design, construction, mainte2 nance, and repair of evacuation routes. 

3 (2) CONSIDERATIONS.—In revising or issuing 

4 guidance under subsection (a)(1), the Administrator 

5 of the Federal Highway Administration shall con6 sider— 

7 (A) methods that assist evacuation routes 

8 to— 

9 (i) withstand likely risks to viability, 

10 including flammability and hydrostatic 

11 forces; 

12 (ii) improve durability, strength (in13 cluding the ability to withstand tensile 

14 stresses and compressive stresses), and 

15 sustainability; and 

16 (iii) provide for long-term cost sav17 ings; 

18 (B) the ability of evacuation routes to ef19 fectively manage contraflow operations; 

20 (C) for evacuation routes on public lands, 

21 the viewpoints of the applicable Federal land 

22 management agency regarding emergency oper23 ations, sustainability, and resource protection; 

24 and 


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1 (D) such other items the Administrator of 

2 the Federal Highway Administration considers 

3 appropriate. 

4 (3) REPORT.—In the case in which the Admin5 istrator of the Federal Highway Administration, in 

6 consultation with the Administrator of the Federal 

7 Emergency Management Agency, concludes existing 

8 guidance addresses the considerations in paragraph 

9 (2), the Administrator of the Federal Highway Ad10 ministration shall submit to the Committee on 

11 Transportation and Infrastructure of the House of 

12 Representatives, the Committee on Environment and 

13 Public Works of the Senate, and the Committee on 

14 Commerce, Science, and Transportation of the Sen15 ate a detailed report describing how existing guid16 ance addresses such considerations. 

17 (b) STUDY.—The Administrator of the Federal High18 way Administration, in coordination with the Adminis19 trator of the Federal Emergency Management Agency and 

20 State, local, territorial, and Indian Tribal governments, 

21 shall— 

22 (1) conduct a study of the adequacy of available 

23 evacuation routes to accommodate the flow of evac24 uees; and 


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1 (2) submit recommendations to Congress on 

2 how to help with anticipated evacuation route flow, 

3 based on the study conducted under paragraph (1). 

4 SEC. 7009. DEFINITIONS. 

5 Section 101(a) of title 23, United States Code, is 

6 amended— 

7 (1) in paragraph (4)(A) by inserting ‘‘assessing 

8 resilience,’’ after ‘‘surveying,’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(35) RESILIENCE.—Unless otherwise specified, 

11 the term ‘resilience’, with respect to a project, means 

12 a project with the ability to anticipate, prepare for, 

13 or adapt to conditions or mitigate against, with14 stand, respond to, or recover rapidly from, disrup15 tions, including the ability— 

16 ‘‘(A) to resist hazards, mitigate against, 

17 reduce costs associated with, or withstand im18 pacts from, weather events and natural disas19 ters; or 

20 ‘‘(B) to have the absorptive capacity, 

21 adaptive capacity, and recoverability to decrease 

22 project vulnerability to weather events or other 

23 natural disasters.’’. 


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1 SEC. 7010. UNIVERSITY TRANSPORTATION CENTERS. 

2 Section 5505 of title 49, United States Code, is 

3 amended— 

4 (1) in subsection (a)(2)— 

5 (A) in subparagraph (B) by striking ‘‘and’’ 

6 at the end; 

7 (B) in subparagraph (C) by striking the 

8 period at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(D) to consider the ability to anticipate, 

11 prepare for, or adapt to conditions or with12 stand, increase resiliency to, reduce costs re13 lated to, respond to, or recover rapidly from, 

14 disruptions resulting from extreme weather 

15 events and natural disasters.’’; 

16 (2) in subsection (b)(4)(A) by striking ‘‘re17 search priorities identified in chapter 65.’’ and in18 serting the following: ‘‘following research priorities: 

19 ‘‘(i) Improving the mobility of people 

20 and goods. 

21 ‘‘(ii) Reducing congestion. 

22 ‘‘(iii) Promoting safety. 

23 ‘‘(iv) Improving the durability and ex24 tending the life of transportation infra25 structure and the existing transportation 

26 system. 


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1 ‘‘(v) Improving the ability to antici2 pate, prepare for, or adapt to conditions or 

3 withstand, respond to, or recover rapidly 

4 from, disruptions resulting from extreme 

5 weather events and natural disasters.’’; 

6 and 

7 (3) in subsection (c)(4)— 

8 (A) in subparagraph (C) by adding at the 

9 end the following: ‘‘In awarding grants under 

10 this section, the Secretary shall also select not 

11 less than 1 grant recipient with each of the fol12 lowing focus areas: 

13 ‘‘(i) Improving the ability to antici14 pate, prepare for, or adapt to conditions or 

15 withstand, increase resiliency to, reduce 

16 costs related to, respond to, or recover rap17 idly from disruptions resulting from ex18 treme weather events and natural disas19 ters. 

20 ‘‘(ii) Developing innovative road de21 signs, materials, and restoration strategies 

22 to better enhance the durability and struc23 tural integrity of roads and subgrade soils 

24 that may become inundated during ex25 treme weather events. 


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1 ‘‘(iii) Enhancing the viability and du2 rability of evacuation routes, including 

3 ways to effectively manage contraflow op4 erations to minimize casualties.’’; and 

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

6 ‘‘(D) CONSIDERATIONS FOR SELECTED IN7 STITUTIONS.— 

8 ‘‘(i) IN GENERAL.—Tier 1 transpor9 tation centers awarded a grant under this 

10 paragraph with a focus area described in 

11 subparagraph (C) shall consider the fol12 lowing areas for research: 

13 ‘‘(I) Developing new materials 

14 and improving the performance and 

15 resiliency of existing materials for the 

16 construction of roads, bridges, rail, 

17 and related transportation infrastruc18 ture. 

19 ‘‘(II) Reducing local, State, Fed20 eral, and Tribal costs associated with 

21 natural disasters and severe weather. 

22 ‘‘(III) Innovative technologies 

23 and approaches to pre-mitigate 

24 against severe weather. 


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1 ‘‘(IV) The durability of roadways 

2 and subgrade with respect to flamma3 bility and hydrostatic forces. 

4 ‘‘(V) Strategies to mitigate the 

5 costs associated with vulnerabilities in 

6 Federal evacuation routes, with re7 spect to overcrowding and inundation. 

8 ‘‘(ii) ACTIVITIES.—A tier 1 transpor9 tation center receiving a grant under this 

10 section with a focus area described in sub11 paragraph (C) may— 

12 ‘‘(I) establish best practices; 

13 ‘‘(II) develop modeling tools; and 

14 ‘‘(III) carry out other activities 

15 and develop technology that addresses 

16 the planning considerations described 

17 in clause (i).’’. 

18 SEC. 7011. PRE-DISASTER HAZARD MITIGATION PILOT PRO19 GRAM. 

20 (a) IN GENERAL.—Section 125 of title 23, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘(h) PRE-DISASTER HAZARD MITIGATION PILOT

24 PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish a pre-disaster mitigation program for the pur3 pose of mitigating future hazards posed to Federal4 aid highways. 

5 ‘‘(2) DISTRIBUTION OF FUNDS.—Every 6 

6 months, the Secretary shall total the amount of 

7 funds made available to each State, territory, Tribe, 

8 or other eligible entity under the emergency relief 

9 program during the preceding 6 months and remit 

10 an additional 5 percent from the Highway Trust 

11 Fund to such State, territory, Tribe, or other eligible 

12 entity for eligible activities described in paragraph 

13 (3). 

14 ‘‘(3) ELIGIBLE ACTIVITIES.—Funds made avail15 able under paragraph (2) shall be used for mitiga16 tion projects and activities that the Secretary deter17 mines are cost effective and which substantially re18 duce the risk of, or increase resilience to, future 

19 damage as a result of natural disasters, such as by 

20 flood, hurricane, tidal wave, earthquake, wildfire, se21 vere storm, or landslide by upgrading existing assets 

22 to meet or exceed design standards adopted by the 

23 Federal Highway Administration by means of the 

24 following: 

25 ‘‘(A) Relocating or elevating roadways. 


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1 ‘‘(B) Increasing the size or number of 

2 drainage structures, including culverts. 

3 ‘‘(C) Installing mitigation measures to pre4 vent the impairment of transportation assets as 

5 a result of the intrusion of floodwaters. 

6 ‘‘(D) Improving bridges to expand water 

7 capacity and prevent flooding. 

8 ‘‘(E) Deepening channels to prevent asset 

9 inundation and improve drainage. 

10 ‘‘(F) improving strength of natural fea11 tures adjacent to highway right-of-way to pro12 mote additional flood storage. 

13 ‘‘(G) Installing or upgrading tide gates 

14 and flood gates. 

15 ‘‘(H) Stabilizing slide areas or slopes. 

16 ‘‘(I) Installing seismic retrofits for bridges. 

17 ‘‘(J) Adding scour protection at bridges. 

18 ‘‘(K) Adding scour, stream stability, coast19 al, or other hydraulic countermeasures, includ20 ing riprap. 

21 ‘‘(L) Installing intelligent transportation 

22 system equipment to monitor infrastructure 

23 quality. 

24 ‘‘(M) Any other protective features as de25 termined by the Secretary. 


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1 ‘‘(4) REPORT.—The Secretary shall submit to 

2 the Committee on Transportation and Infrastructure 

3 of the House of Representatives, the Committee on 

4 Environment and Public Works of the Senate, and 

5 the Committee on Commerce, Science, and Trans6 portation of the Senate an annual report detailing— 

7 ‘‘(A) a description of the activities carried 

8 out under the pilot program; 

9 ‘‘(B) an evaluation of the effectiveness of 

10 the pilot program in meeting purposes described 

11 in paragraph (1); and 

12 ‘‘(C) policy recommendations to improve 

13 the effectiveness of the pre-disaster mitigation 

14 pilot program.’’. 

15 (b) SUNSET.—The amendments made by this section 

16 shall be repealed on the date that is 5 years after the date 

17 of enactment of this Act. 

18 TITLE VIII—FREIGHT RAIL 

19 MANUFACTURING 

20 SEC. 8001. SHORT TITLE. 

21 This title may be cited as the ‘‘A Future for Freight 

22 Rail Manufacturing Act of 2021’’ or the ‘‘AFFRM Act 

23 of 2021’’. 


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1 SEC. 8002. REQUIREMENTS FOR RAILROAD FREIGHT CARS 

2 ENTERING SERVICE IN THE UNITED STATES. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, any Association of Amer5 ican Railroads (in this title referred to as ‘‘AAR’’) ap6 proved railroad freight car manufactured on or after such 

7 date may operate on the United States rail interchange 

8 system only if— 

9 (1) the railroad freight car is manufactured or 

10 assembled or substantially transformed by a quali11 fied builder in a qualified facility; 

12 (2) none of the sensitive technology located on 

13 the railroad freight car, including components nec14 essary to the functionality of the sensitive tech15 nology, originates or is sourced from a country spec16 ified in section 8004 or a State-Owned Enterprise; 

17 and 

18 (3) none of the content of the railroad freight 

19 car that originates from a country specified in sec20 tion 8004 or a State-Owned Enterprise has been de21 termined by a recognized court or administrative 

22 agency of competent jurisdiction and legal authority 

23 to have violated or infringed valid U.S. intellectual 

24 property rights of another including such a finding 

25 by a Federal district court under the Patent Act or 


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1 the U.S. International Trade Commission under sec2 tion 337 of the Tariff Act of 1930. 

3 (b) CONTENT.— 

4 (1) IN GENERAL.—Any Railroad Freight Car 

5 Manufacturer and AAR approved railroad freight 

6 car manufactured on or after such date may operate 

7 on the United States rail interchange system only if 

8 the railroad freight car has a content percentage 

9 that originates from a country specified in section 

10 8004 or a State-Owned Enterprise of— 

11 (A) beginning on the date of enactment of 

12 this Act, not more than 20 percent; and 

13 (B) beginning on the date that is 24 

14 months after the date of enactment of this Act, 

15 not more than 15 percent. 

16 (2) APPLICATION OF LAW.—The content per17 centages specified in this section apply notwith18 standing any conflict with the provisions of chapter 

19 4 of the Agreement between the United States of 

20 American, the United Mexican States, and Canada 

21 (Dec. 13, 2019). 

22 SEC. 8003. REGULATIONS; PENALTIES. 

23 (a) REGULATIONS REQUIRED.—Not later than 1 year 

24 after the date of enactment of this Act, the Secretary of 

25 Transportation shall issue such regulations as are necVerDate Sep 11 2014 22:49 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\H3341.IH H3341

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1 essary to carry out this Act, including for the monitoring, 

2 enforcement, and sensitive technology requirements of this 

3 title. 

4 (b) COMPLIANCE.—A Railroad Freight Car Manufac5 turer will certify such manufacturer is meeting the re6 quirements of this Act and noncompliant railroad freight 

7 cars may not be registered under the AAR Umler system. 

8 (c) CIVIL PENALTIES.—Any railroad freight car 

9 manufacturer that has manufactured a railroad freight 

10 car for the North American Interchange system that the 

11 Secretary of Transportation determines, after written no12 tice and an opportunity for a hearing, has violated this 

13 Act is liable to the United States Government for a civil 

14 penalty of at least $150,000 but not more than $500,000 

15 for each violation for each such railroad freight car and 

16 thereafter barred from release of such railroad freight car 

17 for operation on the North American Interchange system. 

18 The noncompliant railroad freight car may re-enter service 

19 upon re-certification from the railroad freight car manu20 facturer after paying the civil penalty and meeting compli21 ance of this title. 

22 SEC. 8004. COUNTRY SPECIFIED. 

23 A country specified in this section is a country that— 

24 (1) is identified by the Department of Com25 merce as a nonmarket economy country (as defined 


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1 in section 771(18) of the Tariff Act of 1930 (19 

2 U.S.C. 1677(18))) as of the date of enactment of 

3 this Act; and 

4 (2)(A) was identified by the United States 

5 Trade Representative in the most recent report re6 quired by section 182 of the Trade Act of 1974 (19 

7 U.S.C. 2242) as a priority watch country or watch 

8 country; or 

9 (B) is subject to monitoring by the Trade Rep10 resentative under section 306 of the Trade Act of 

11 1974 (19 U.S.C. 2416). 

12 SEC. 8005. DEFINITIONS. 

13 In this title: 

14 (1) CONTENT.—The term ‘‘content’’ means the 

15 net cost of the railroad freight car less the cost of 

16 sensitive technology. 

17 (2) CONTROL.—The term ‘‘control’’ means the 

18 power, whether direct or indirect and whether or not 

19 exercised, through the ownership of a majority or a 

20 dominant minority of the total outstanding voting 

21 interest in an entity, representation on the board of 

22 directors of an entity, proxy voting on the board of 

23 directors of an entity, a special share in the entity, 

24 a contractual arrangement with the entity, a formal 

25 or informal arrangement to act in concert with an 


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1 entity, or any other means, to determine, direct, 

2 make decisions, or cause decisions to be made for 

3 the entity. 

4 (3) COST OF SENSITIVE TECHNOLOGY.—The 

5 term ‘‘cost of sensitive technology’’ means the aggre6 gate cost of the sensitive technology located on the 

7 railroad freight car. 

8 (4) NET COST.—The term ‘‘net cost’’ means 

9 the net cost as defined in chapter 4 of the United 

10 States–Mexico–Canada Free Trade Agreement or 

11 any subsequent free trade agreement between the 

12 United States, Mexico, and Canada. 

13 (5) ORIGINATE; ORIGINATING.—The terms 

14 ‘‘originate’’ and ‘‘originating’’ mean the country or 

15 origin of a part, component, subassembly or finished 

16 product as defined in chapter 4 of the United 

17 States-Mexico-Canada Free Trade Agreement or any 

18 subsequent free trade agreement between the United 

19 States, Mexico, and Canada. 

20 (6) QUALIFIED FACILITY.—The term ‘‘qualified 

21 facility’’ means a facility that is not under the con22 trol of a State-Owned Enterprise. 

23 (7) QUALIFIED RAILROAD FREIGHT CAR BUILD24 ER.—The term ‘‘qualified railroad freight rail car 


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1 builder’’ means a builder that is not under the con2 trol of a State-Owned Enterprise. 

3 (8) RAILCAR COMPONENT SUPPLIER.—The 

4 term ‘‘railcar component supplier’’ means an enter5 prise that supplies railroad freight car components 

6 for the manufacturing of railroad freight cars. 

7 (9) RAILROAD FREIGHT CAR.—The term ‘‘rail8 road freight car’’ means a car designed to carry 

9 freight, or railroad personnel, by rail and includes— 

10 (A) box car; 

11 (B) refrigerator car; 

12 (C) ventilator car; 

13 (D) stack car or intermodal well; 

14 (E) gondola car; 

15 (F) hopper car; 

16 (G) auto rack car; 

17 (H) flat car; 

18 (I) special car; 

19 (J) caboose car; 

20 (K) tank car; and 

21 (L) yard car. 

22 (10) RAILROAD FREIGHT CAR MANUFAC23 TURER.—The term ‘‘railroad freight rail car manu24 facturer’’ is defined as a builder of railroad freight 


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1 rail cars as defined in the definition of railroad 

2 freight car. 

3 (11) SENSITIVE TECHNOLOGY.—The term 

4 ‘‘sensitive technology’’ means any device embedded 

5 with electronics, software, sensors, or other 

6 connectivity, except those freight rail parts as de7 fined as ‘‘safety-critical’’ in section 236.903 of title 

8 49, Code of Federal Regulations, or any successor 

9 regulations, that enables the device to connect, col10 lect, or exchange data, including— 

11 (A) onboard telematics; 

12 (B) remote monitoring software; 

13 (C) firmware; 

14 (D) analytics; 

15 (E) GPS satellite and cellular location 

16 tracking systems; 

17 (F) event status sensors; 

18 (G) predictive component condition and 

19 performance monitoring sensors; and 

20 (H) similar sensitive technologies embed21 ded into freight railcar components and sub22 assemblies. 

23 (12) STATE-OWNED ENTERPRISE.—The term 

24 ‘‘state-owned enterprise’’ means— 


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1 (A) an entity that is owned by or under 

2 the control of a national, provincial, or local 

3 government of a country or an agency of such 

4 government of a country as described in section 

5 8004; or 

6 (B) an individual acting under the direc7 tion or control of a government or agency de8 scribed in subparagraph (A). 

9 (13) SUBSTANTIALLY TRANSFORMED.—The 

10 term ‘‘substantially transformed’’ means a compo11 nent undergoes an applicable change in tariff classi12 fication as a result of the manufacturing process as 

13 outlined in chapter 4 and related Annexes of the 

14 United States-Mexico-Canada Free Trade Agree15 ment or any subsequent free trade agreement be16 tween the United States, Mexico, and Canada. 

Æ 


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