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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3684 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 3684

 To authorize funds for Federal-aid highways, highway safety programs, 
             and transit programs, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2021

  Mr. DeFazio (for himself, Ms. Norton, and Mr. Payne) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To authorize funds for Federal-aid highways, highway safety programs, 
             and transit programs, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Investing in a New Vision for the 
Environment and Surface Transportation in America Act'' or the ``INVEST 
in America Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
  DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 
                                  2022

Sec. 101. Definitions.
Sec. 102. Extension of Federal Surface Transportation programs.
Sec. 103. Additional amounts for the Federal-aid highway program and 
                            member designated projects.
Sec. 104. Federal Transit Administration.
Sec. 105. National highway traffic safety administration.
Sec. 106. Federal motor carrier safety administration.
Sec. 107. Member designated project authorizations.
                   DIVISION B--SURFACE TRANSPORTATION

Sec. 1001. Applicability of division.
                     TITLE I--FEDERAL-AID HIGHWAYS

           Subtitle A--Authorizations and Program Conditions

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions and declaration of policy.
Sec. 1104. Apportionment.
Sec. 1105. Additional deposits into Highway Trust Fund.
Sec. 1106. Transparency.
Sec. 1107. Complete and context sensitive street design.
Sec. 1108. Innovative project delivery Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
Sec. 1113. Federal-aid highway project requirements.
Sec. 1114. State assumption of responsibility for categorical 
                            exclusions.
Sec. 1115. Surface transportation project delivery program written 
                            agreements.
Sec. 1116.  Corrosion prevention for bridges.
Sec. 1117. Sense of Congress.
Sec. 1118. Accommodation of certain facilities in right-of-way.
Sec. 1119. Federal grants for pedestrian and bike safety improvements.
           Subtitle B--Programmatic Infrastructure Investment

Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
Sec. 1217. Noise barriers.
Sec. 1218. Safe streets for all.
Sec. 1219. Youth service and conservation corps.
                 Subtitle C--Project-Level Investments

Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Clean corridors program.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural bridges program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active connected transportation grant program.
Sec. 1310. Wildlife crossings program.
Sec. 1311. Reconnecting neighborhoods program.
Sec. 1312. Apprenticeship utilization.
   Subtitle D--Planning, Performance Management, and Asset Management

Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
Sec. 1405. Fiscal constraint on long-range transportation plans.
           Subtitle E--Federal Lands, Tribes, and Territories

Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
Sec. 1506. Office of Tribal Government Affairs.
Sec. 1507. Alternative contracting methods.
Sec. 1508. Divestiture of federally owned bridges.
Sec. 1509. Study on Federal funding available to Indian Tribes.
Sec. 1510. GAO study.
Sec. 1511. Federal lands access program.
                   Subtitle F--Additional Provisions

Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Dig Once for broadband infrastructure deployment.
Sec. 1604. Stormwater best management practices.
Sec. 1605. Pedestrian facilities in the public right-of-way.
Sec. 1606. Highway formula modernization report.
Sec. 1607. Consolidation of programs.
Sec. 1608. Student outreach report to Congress.
Sec. 1609. Task force on developing a 21st century surface 
                            transportation workforce.
Sec. 1610. On-the-job training and supportive services.
Sec. 1611. Appalachian development highway system funding flexibility.
Sec. 1612. Transportation education development program.
Sec. 1613. Working group on construction resources.
Sec. 1614. Numbering system of highway interchanges.
Sec. 1615. Toll credits.
Sec. 1616. Transportation construction materials procurement.
Sec. 1617. Nationwide road safety assessment.
Sec. 1618. Climate resilient transportation infrastructure study.
Sec. 1619. Natural gas, electric battery, and zero emission vehicles.
Sec. 1620. Guidance on evacuation routes.
Sec. 1621. High priority corridors on National Highway System.
Sec. 1622. Guidance on inundated and submerged roads.
Sec. 1623. Dry bulk weight tolerance.
Sec. 1624. Highway use tax evasion projects.
Sec. 1625. Labor standards.
Sec. 1626. Climate resiliency report by GAO.
Sec. 1627. Designation of John R. Lewis Voting Rights Highway.
Sec. 1628. GAO study on capital needs of public ferries.
Sec. 1629. Use of modeling and simulation technology.
Sec. 1630. GAO study on per-mile user fee equity.
Sec. 1631. GAO review of equity considerations at state DOTs.
Sec. 1632. Study on effectiveness of suicide prevention nets and 
                            barriers for structures other than bridges.
Sec. 1633. Repeal of pilot program.
Sec. 1634. Technical corrections.
                    TITLE II--PUBLIC TRANSPORTATION

               Subtitle A--Federal Transit Administration

Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal years 2022 and 2023 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. Certification requirements.
Sec. 2112. Hold harmless.
Sec. 2113. Study on accessibility of public transportation.
             Subtitle B--Improving Frequency and Ridership

Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive 
                            grants.
Sec. 2202. Incentivizing frequency in the urban formula.
Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.
         Subtitle C--Buy America and Other Procurement Reforms

Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Spare ratio waiver.
                     Subtitle D--Bus Grant Reforms

Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.
Sec. 2405. Workforce development training grants.
                   Subtitle E--Supporting All Riders

Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.
Sec. 2504. Equity in transit service planning.
Sec. 2505. GAO study on fare-free transit.
     Subtitle F--Supporting Frontline Workers and Passenger Safety

Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards.
Sec. 2604. Safety performance measures and set asides.
Sec. 2605. U.S. Employment Plan.
Sec. 2606. Technical assistance and workforce development.
               Subtitle G--Transit-Supportive Communities

Sec. 2701. Transit-supportive communities.
Sec. 2702. Property disposition for affordable housing.
Sec. 2703. Affordable housing incentives in capital investment grants.
                         Subtitle H--Innovation

Sec. 2801. Mobility innovation sandbox program.
Sec. 2802. Transit bus operator compartment redesign program.
Sec. 2803. Federal Transit Administration Every Day Counts initiative.
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit bus development 
                            program.
Sec. 2806. Public transportation innovation.
Sec. 2807. Transit vehicle battery recycling and reuse.
               Subtitle I--Other Program Reauthorizations

Sec. 2901. Reauthorization for capital and preventive maintenance 
                            projects for Washington Metropolitan Area 
                            Transit Authority.
Sec. 2902. Other apportionments.
                        Subtitle J--Streamlining

Sec. 2911. Fixed guideway capital investment grants.
Sec. 2912. Rural and small urban apportionment deadline.
Sec. 2913. Disposition of assets beyond useful life.
Sec. 2914. Innovative coordinated access and mobility.
Sec. 2915. Passenger ferry grants.
Sec. 2916. Evaluation of benefits and Federal investment.
Sec. 2917. Best practices for the application of National Environmental 
                            Policy Act of 1969 to federally funded bus 
                            shelters.
Sec. 2918. Capital investment grant streamlining.
                   TITLE III--HIGHWAY TRAFFIC SAFETY

Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Fair and equitable traffic safety enforcement.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. National safety campaigns.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offenders for driving while 
                            intoxicated or driving under the influence.
Sec. 3009. National priority safety program grant eligibility.
Sec. 3010. Implicit bias research and training grants.
Sec. 3011. Stop motorcycle checkpoint funding.
Sec. 3012. Electronic driver's license.
Sec. 3013. Motorcyclist Advisory Council.
Sec. 3014. Report on marijuana research.
Sec. 3015. Comptroller General study on national DUI reporting.
                     TITLE IV--MOTOR CARRIER SAFETY

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

Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
Sec. 4103. Immobilization grant program.
Sec. 4104. Operation of small commercial vehicles study.
               Subtitle B--Motor Carrier Safety Oversight

Sec. 4201. Motor carrier safety advisory committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of 
                            household goods in interstate commerce.
Sec. 4207. Broker guidance.
           Subtitle C--Commercial Motor Vehicle Driver Safety

Sec. 4301. Commercial driver's license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.
Sec. 4310. Application of commercial motor vehicle safety.
Sec. 4311. Use of data.
       Subtitle D--Commercial Motor Vehicle and Schoolbus Safety

Sec. 4401. Schoolbus safety standards.
Sec. 4402. Illegal passing of schoolbuses.
Sec. 4403. State inspection of passenger-carrying commercial motor 
                            vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
Sec. 4407. Additional State authority.
Sec. 4408. Updating the required amount of insurance for commercial 
                            motor vehicles.
Sec. 4409. Universal electronic identifier.
                          TITLE V--INNOVATION

Sec. 5001. Authorization of appropriations.
                  Subtitle A--Research and Development

Sec. 5101. Highway research and development program.
Sec. 5102. Materials to reduce greenhouse gas emissions program.
Sec. 5103. Transportation research and development 5-year strategic 
                            plan.
Sec. 5104. University transportation centers program.
Sec. 5105. Unsolicited research initiative.
Sec. 5106. National cooperative multimodal freight transportation 
                            research program.
Sec. 5107. Wildlife-vehicle collision reduction and habitat 
                            connectivity improvement.
Sec. 5108. Research activities.
Sec. 5109. Transportation equity research program.
Sec. 5110. Surface transportation research, development, and 
                            technology.
Sec. 5111. Metropolitan planning research pilot program.
                   Subtitle B--Technology Deployment

Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement 
                            technologies.
Sec. 5203. Federal Highway Administration Every Day Counts initiative.
                   Subtitle C--Emerging Technologies

Sec. 5301. Mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation 
                            clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and 
                            road users.
Sec. 5305. Nontraditional and Emerging Transportation Technology 
                            Council.
Sec. 5306. Surface transportation workforce retraining grant program.
Sec. 5307. Third-party data integration pilot program.
Sec. 5308. Third-party data planning integration pilot program.
Sec. 5309. Automated Commercial Vehicle Reporting.
       Subtitle D--Surface Transportation Funding Pilot Programs

Sec. 5401. State surface transportation system funding pilots.
Sec. 5402. National surface transportation system funding pilot.
                       Subtitle E--Miscellaneous

Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Transportation workforce outreach program.
Sec. 5504. Advisory council on transportation statistics.
Sec. 5505. GAO Review of Discretionary Grant Programs.
                  TITLE VI--MULTIMODAL TRANSPORTATION

Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance 
                            Bureau.
  TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT

Sec. 7001. Transportation Infrastructure Finance and Innovation Act.
             DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 8001. Short title.
                        TITLE I--AUTHORIZATIONS

Sec. 8101. Authorization of appropriations.
          TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT

Sec. 8201. Repeal of certain requirements related to lithium cells and 
                            batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.
Sec. 8204. Lithium battery approval.
                            DIVISION D--RAIL

Sec. 9001. Short title.
                        TITLE I--AUTHORIZATIONS

Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion 
                            grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement 
                            grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Bridges, stations, and tunnels (BeST) grant program.
Sec. 9106. Buy America.
                        TITLE II--AMTRAK REFORMS

Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Access to recreational trails.
Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant 
                            program.
Sec. 9218. Amtrak and private cars.
Sec. 9219. Amtrak Office of Community Outreach.
Sec. 9220. Long-distance customer enhancement program.
Sec. 9221. Amtrak carbon-free and renewable energy initiatives.
               TITLE III--INTERCITY PASSENGER RAIL POLICY

Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. Interstate rail compacts.
Sec. 9305. High-speed rail updates.
Sec. 9306. State rail planning formula funds.
                     TITLE IV--COMMUTER RAIL POLICY

Sec. 9401. Surface Transportation Board mediation of trackage use 
                            requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use 
                            requests.
                          TITLE V--RAIL SAFETY

                Subtitle A--Passenger and Freight Safety

Sec. 9501. Study on safety impact of long trains.
Sec. 9502. FRA safety reporting.
Sec. 9503. Waiver notice requirements.
Sec. 9504. Notice of FRA comprehensive safety culture assessments.
Sec. 9505. FRA accident and incident investigations.
Sec. 9506. Freight train crew size safety standards.
Sec. 9507. Border crossings.
Sec. 9508. Yardmasters hours of service.
Sec. 9509. Leaking brakes.
Sec. 9510. Report on PTC system failures.
Sec. 9511. Fatigue reduction management plans.
Sec. 9512. Assault prevention and response plans.
Sec. 9513. Critical incident stress plans.
Sec. 9514. Crewmember certification and qualification.
Sec. 9515. Safety management team communication.
Sec. 9516. GAO study on reorganization of Office of Railroad Safety.
Sec. 9517. Open-top rail car public input.
Sec. 9518. New passenger service pre-revenue safety validation plan.
Sec. 9519. Safety oversight of nontraditional and emerging rail 
                            technologies.
                   Subtitle B--Grade Crossing Safety

Sec. 9551. Highway-rail grade crossing separation grants.
Sec. 9552. Rail safety public awareness grant.
Sec. 9553. Establishment of 10-minute time limit for blocking public 
                            highway-rail grade crossings.
Sec. 9554. National blocked crossing database.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Railroad trespassing enforcement grants.
Sec. 9558. Railroad trespassing suicide prevention grants.
Sec. 9559. Including railroad suicides.
Sec. 9560. Report on safety measures required for Quiet Zones.
                        TITLE VI--MISCELLANEOUS

Sec. 9601. Rail network climate change vulnerability assessment.
Sec. 9602. Advance acquisition.
Sec. 9603. University rail climate innovation grant program.
Sec. 9604. Workforce diversity and development.
Sec. 9605. Requirements for railroad freight cars entering service in 
                            United States.

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

  DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 
                                  2022

SEC. 101. DEFINITIONS.

    In this division, the following definitions apply:
            (1) Highway account.--The term ``Highway Account'' means 
        the portion of the Highway Trust Fund that is not the Mass 
        Transit Account.
            (2) Mass transit account.--The term ``Mass Transit 
        Account'' means the portion of the Highway Trust Fund 
        established under section 9503(e)(1) of the Internal Revenue 
        Code of 1986.
            (3) Member designated project.--The term ``member 
        designated project'' means a project listed in the table in 
        section 107.
            (4) Member designated project funds.--The term ``member 
        designated project funds'' means funds reserved under 
        subsections (d)(1)(B)(i), (f)(1)(A), and (g)(1)(A) to carry out 
        member designated projects listed in the table in section 
        107(c).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (6) State.--The term ``State'' means the 50 States and the 
        District of Columbia.
            (7) Territory.--The term ``territory'' means any of the 
        following territories of the United States:
                    (A) American Samoa.
                    (B) The Commonwealth of the Northern Mariana 
                Islands.
                    (C) Guam.
                    (D) The United States Virgin Islands.

SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.

    (a) Extension of Federal Surface Transportation Programs.--
            (1) In general.--Unless otherwise provided in this 
        division, the requirements, authorities, conditions, 
        eligibilities, limitations, and other provisions authorized 
        under the covered laws, which would otherwise expire on or 
        cease to apply after September 30, 2021, are incorporated by 
        reference and shall continue in effect through September 30, 
        2022.
            (2) Authorization of appropriations.--
                    (A) Highway trust fund.--
                            (i) Highway account.--
                                    (I) In general.--Except as provided 
                                in subclause (II), there is authorized 
                                to be appropriated from the Highway 
                                Account for fiscal year 2022, for each 
                                program under the covered laws with 
                                respect to which amounts are authorized 
                                to be appropriated from such account 
                                for fiscal year 2021, an amount equal 
                                to the amount authorized for 
                                appropriation with respect to the 
                                program from such account for fiscal 
                                year 2021.
                                    (II) Administrative expenses.--
                                Notwithstanding any other provision of 
                                this division, there is authorized to 
                                be appropriated from the Highway 
                                Account for fiscal year 2022--
                                            (aa) $516,000,000 for 
                                        administrative expenses of the 
                                        Federal Highway Administration, 
                                        as described in section 104(a) 
                                        of title 23, United States 
                                        Code; and
                                            (bb) $30,086,000 for grant 
                                        administrative expenses of the 
                                        National Highway Traffic Safety 
                                        Administration, as described in 
                                        section 4001(a)(6) of the FAST 
                                        Act (Public Law 114-94).
                            (ii) Mass transit account.--
                                    (I) In general.--There is 
                                authorized to be appropriated from the 
                                Mass Transit Account for fiscal year 
                                2022, for each program under the 
                                covered laws with respect to which 
                                amounts are authorized to be 
                                appropriated from such account for 
                                fiscal year 2021, an amount equal to 
                                the amount authorized for appropriation 
                                with respect to the program from such 
                                account for fiscal year 2021.
                                    (II) Condition for apportionment.--
                                No funds authorized in this division or 
                                any other Act may be used to adjust 
                                Mass Transit Account apportionments or 
                                withhold funds from Mass Transit 
                                Account apportionments pursuant to 
                                section 9503(e)(4) of the Internal 
                                Revenue Code of 1986 in fiscal year 
                                2022.
                    (B) General fund.--
                            (i) In general.--Except as provided in 
                        clauses (ii) and (iii), there is authorized to 
                        be appropriated for fiscal year 2022, for each 
                        program under covered laws with respect to 
                        which amounts are authorized to be appropriated 
                        for fiscal year 2021 from an account other than 
                        the Highway Account or the Mass Transit 
                        Account, an amount not less than the amount 
                        authorized for appropriation with respect to 
                        the program under the covered laws for fiscal 
                        year 2021.
                            (ii) Administrative expenses.--
                        Notwithstanding any other provision of this 
                        division, there is authorized to be 
                        appropriated from the general fund of the 
                        Treasury for fiscal year 2022 $131,500,000 for 
                        necessary administrative expenses of the 
                        Federal Transit Administration.
                            (iii) Capital investment grants.--
                        Notwithstanding any other provision of this 
                        division, there is authorized to be 
                        appropriated from the general fund of the 
                        Treasury for fiscal year 2022 $3,250,000,000 to 
                        carry out section 5309 of title 49, United 
                        States Code.
            (3) Use of funds.--Except as otherwise provided in this 
        division, amounts authorized to be appropriated for fiscal year 
        2022 with respect to a program under paragraph (2) shall be 
        distributed, administered, limited, and made available for 
        obligation in the same manner as amounts authorized to be 
        appropriated with respect to the program for fiscal year 2021 
        under the covered laws.
            (4) Obligation limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a program for which amounts are authorized to be 
                appropriated under paragraph (2)(A) shall be subject to 
                a limitation on obligations for fiscal year 2022 in the 
                same amount and in the same manner as the limitation 
                applicable with respect to the program for fiscal year 
                2021 under the title I of the Transportation, Housing 
                and Urban Development, and Related Agencies 
                Appropriations Act, 2021 (Public Law 116-260).
                    (B) Federal-aid highway and highway safety 
                construction programs.--
                            (i) In general.--Notwithstanding any other 
                        provision of this section, section 1102 of the 
                        FAST Act (Public Law 114-94), section 1101 of 
                        title I of division B of the Continuing 
                        Appropriations Act, 2021 and Other Extensions 
                        Act (Public Law 116-159), or title I of the 
                        Transportation, Housing and Urban Development, 
                        and Related Agencies Appropriations Act, 2021 
                        (Public Law 116-260), for fiscal year 2022, the 
                        obligations for Federal-aid highway and highway 
                        safety construction programs shall not exceed 
                        $46,400,294,311.
                            (ii) Limitation on federal highway 
                        administration administrative expenses.--
                        Notwithstanding any other provision of this 
                        section, of the amount described in clause (i), 
                        for fiscal year 2022 an amount not to exceed 
                        $492,000,000 together with advances and 
                        reimbursements received by the Federal Highway 
                        Administration, shall be obligated for 
                        necessary expenses for administration and 
                        operation of the Federal Highway Administration 
                        or transferred to the Appalachian Regional 
                        Commission for administrative activities 
                        associated with the Appalachian Development 
                        Highway System.
    (b) Nationally Significant Freight and Highway Projects.--Section 
117(d)(2)(A) of title 23, United States Code, is amended in the matter 
preceding clause (i)--
            (1) by striking ``$600,000,000'' and inserting 
        ``$700,000,000''; and
            (2) by striking ``2021'' and inserting ``2022''.
    (c) Disadvantaged Business Enterprises.--Section 1101(b) of the 
FAST Act (Public Law 114-94) (except for the requirements related to 
gross receipts under paragraph (2)(A)(ii) of such section) shall apply 
to amounts made available under sections 102, 103, 104 of this 
division.
    (d) Definitions.--In this section, the term ``covered laws'' means 
the following:
            (1) Section 1101 of title I of division B of the Continuing 
        Appropriations Act, 2021 and Other Extensions Act (Public Law 
        116-159).
            (2) Titles I, III, IV, V, and VI of division A of the FAST 
        Act (Public Law 114-94).
            (3) Division A, division B, subtitle A of title I and title 
        II of division C, and division E of MAP-21 (Public Law 112-
        141).
            (4) Titles I, II, and III of the SAFETEA-LU Technical 
        Corrections Act of 2008 (Public Law 110-244).
            (5) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public 
        Law 109-59).
            (6) Titles I, II, III, IV, and V of the Transportation 
        Equity Act for the 21st Century (Public Law 105-178).
            (7) Titles II, III, and IV of the National Highway System 
        Designation Act of 1995 (Public Law 104-59).
            (8) Title I, part A of title II, title III, title IV, title 
        V, and title VI of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (Public Law 102-240).
            (9) Title 23, United States Code.
            (10) Sections 116, 117, 330, and 5505 and chapters 53, 139, 
        303, 311, 313, 701, and 702 of title 49, United States Code.

SEC. 103. ADDITIONAL AMOUNTS FOR THE FEDERAL-AID HIGHWAY PROGRAM AND 
              MEMBER DESIGNATED PROJECTS.

    (a) Authorization of Appropriations.--
            (1) In general.--In addition to amounts authorized under 
        section 102, there is authorized to be appropriated from the 
        Highway Account for fiscal year 2022, for activities under this 
        section, $14,742,808,640.
            (2) Contract authority.--Amounts authorized to be 
        appropriated under paragraph (1) shall be available for 
        obligation as if apportioned under chapter 1 of title 23, 
        United States Code.
    (b) Obligation Authority.--
            (1) In general.--
                    (A) Amount.--Notwithstanding any other provision of 
                law, for fiscal year 2022, obligations for activities 
                authorized under subsection (a) shall not exceed 
                $14,742,808,640.
                    (B) Period of availability.--
                            (i) In general.--Except as provided in 
                        clause (ii), obligation authority made 
                        available under this paragraph shall--
                                    (I) remain available until 
                                September 30, 2025; and
                                    (II) be in addition to the amount 
                                of any limitation imposed on 
                                obligations for Federal-aid highway and 
                                highway safety construction programs 
                                for fiscal year 2022 under section 102 
                                or future fiscal years under any other 
                                provision of law.
                            (ii) Exception.--Except as provided in 
                        subsection (i)(2)(E), obligation authority 
                        associated with a member designated project 
                        shall remain available until expended.
            (2) Distribution of obligation authority.--
                    (A) In general.--Of the obligation authority 
                provided under paragraph (1), the Secretary shall make 
                available to States, Tribes, Puerto Rico, the 
                territories, and Federal land management agencies, 
                during the period of fiscal year 2022, amounts of 
                obligation authority equal to the amounts described in 
                paragraphs (1) through (5) of subsection (c), 
                respectively.
                    (B) Further distribution.--Each State, each Tribe, 
                Puerto Rico, each territory, and each Federal land 
                management agency receiving funds under paragraphs (1) 
                through (5) of subsection (c), respectively, shall 
                receive an amount of obligation authority equal to the 
                funds received under any of such paragraphs.
    (c) Distribution of Funds.--Amounts authorized to be appropriated 
for fiscal year 2022 under subsection (a) shall be distributed as 
follows:
            (1) $14,343,545,973 to the States.
            (2) $167,481,814 to Tribes.
            (3) $52,400,251 to Puerto Rico.
            (4) $55,012,918 to the territories.
            (5) $124,367,684 to Federal land management agencies.
    (d) Supplemental State Funds.--
            (1) Distribution.--
                    (A) Among states.--Amounts distributed to States 
                under subsection (c)(1) shall be distributed among the 
                States in the same ratio as total State apportionments 
                under section 104(c)(1) of title 23, United States 
                Code, in fiscal year 2022.
                    (B) Within a state.--Of the amount distributed to a 
                State under subparagraph (A)--
                            (i) the amount specified in section 107 for 
                        each member designated project in the State 
                        shall be reserved to carry out such project; 
                        and
                            (ii) any remaining amount shall be 
                        available to the State under paragraph (2).
            (2) Treatment.--Funds made available under paragraph 
        (1)(B)(ii) shall be--
                    (A) available for activities eligible under section 
                133(b) of title 23, United States Code, subject to 
                subsection (c) of such section; and
                    (B) administered as if apportioned under chapter 1 
                of title 23, United States Code.
    (e) Tribal Funds.--Amounts distributed to Tribes under subsection 
(c)(2) shall be--
            (1) available for activities eligible under the tribal 
        transportation program under section 202 of title 23, United 
        States Code; and
            (2) administered as if allocated under section 202 of title 
        23, United States Code, except that the set-aside described in 
        subparagraph (C) of section 202(b)(3) of such title and 
        subsections (a)(6), (c), (d), and (e) of section 202 of such 
        title shall not apply to such funds.
    (f) Puerto Rico Funds.--
            (1) Distribution.--Of the amount distributed to Puerto Rico 
        under subsection (c)(3)--
                    (A) the amount specified in section 107 for each 
                member designated project in Puerto Rico shall be 
                reserved to carry out such project; and
                    (B) any remaining amount shall be available to 
                Puerto Rico under paragraph (2).
            (2) Treatment.--Funds made available under paragraph (1)(B) 
        shall be--
                    (A) administered as if allocated under section 
                165(b) of title 23, United States Code;
                    (B) available for activities described under 
                paragraph (2)(C)(iii) of such section; and
                    (C) not subsection to subparagraph (A) or (B) of 
                paragraph (2) of such section.
    (g) Territorial Funds.--
            (1) Distribution.--Of the amount distributed to a territory 
        under subsection (c)(4)--
                    (A) the amount specified in section 107 for each 
                member designated project in the territory shall be 
                reserved to carry out such project;
                    (B) of amounts remaining after the distribution 
                under subparagraph (A), not more than $1,392,918 shall 
                be made available to American Samoa; and
                    (C) any remaining amount shall be available to the 
                territories as described under paragraph (2).
            (2) Treatment.--Funds made available under subparagraphs 
        (B) and (C) of paragraph (1) shall be administered as if 
        allocated under, and available for activities described under, 
        section 165(c) of title 23, United States Code.
    (h) Federal Land Management Agency Funds.--
            (1) Distribution.--Amounts distributed under subsection 
        (c)(5) shall be distributed among the Federal land management 
        agencies as follows:
                    (A) $99,494,147 for the National Park Service.
                    (B) $9,949,415 for the United States Fish and 
                Wildlife Service.
                    (C) $6,301,296 for the United States Forest 
                Service.
                    (D) $8,622,826 to be allocated to the remaining 
                Federal land management agencies described in section 
                203(b) of title 23, United States Code.
            (2) Treatment.--Funds made available under paragraph (1) 
        shall be--
                    (A) available for activities eligible under the 
                Federal lands transportation program under section 203 
                of title 23, United States Code; and
                    (B) administered as if allocated under section 203 
                of title 23, United States Code.
    (i) Member Designated Projects.--
            (1) Treatment.--
                    (A) In general.--Member designated project funds 
                shall be available until expended, except as specified 
                in paragraph (2)(C)(iv).
                    (B) Requirements.--
                            (i) In general.--Except as specified in 
                        paragraph (2)(C)(iv) or clauses (ii) or (iii), 
                        member designated project funds shall be 
                        administered as if apportioned--
                                    (I) for a project eligible under 
                                chapter 1 of title 23, United States 
                                Code, under such chapter;
                                    (II) for a project eligible under 
                                chapter 2 of title 23, United States 
                                Code, under such chapter; or
                                    (III) for a project eligible under 
                                chapter 53 of title 49, United States 
                                Code, under such chapter.
                            (ii) Federal share.--Notwithstanding any 
                        other provision of law, the Federal share of 
                        the cost of a project assisted with member 
                        designated project funds shall be determined in 
                        accordance with section 120 of title 23, United 
                        States Code, or, in the case of a transit 
                        capital project, may be determined in 
                        accordance with section 5323(i)(1) of title 49, 
                        United States Code, if applicable.
                            (iii) Transit projects.--
                                    (I) Transfers.--Member designated 
                                project funds made available for 
                                transit capital and planning projects 
                                may be transferred to, and administered 
                                by, the Secretary in accordance with 
                                section 104(f) of title 23, United 
                                States Code.
                                    (II) Designated recipients.--Member 
                                designated project authorizations 
                                specified in section 107 distributed to 
                                a State for transit capital and 
                                planning projects shall be made 
                                available for obligation to a 
                                designated or direct recipient or 
                                subrecipient under chapter 53 of title 
                                49, United States Code, as specified in 
                                section 107 or, if no such eligible 
                                recipient is identified, to the 
                                designated recipient in the location 
                                specified in such section.
            (2) Repurposing of funds.--
                    (A) In general.--
                            (i) Request.--Beginning on October 1, 2025, 
                        except as described in clause (ii), if less 
                        than 10 percent of the amount reserved for a 
                        member designated project for a State, Puerto 
                        Rico, or territory has been obligated, the 
                        State, Puerto Rico, or a territory, 
                        respectively, may submit to the Secretary, a 
                        request to use, under subparagraph (B)--
                                    (I) the unobligated amount reserved 
                                for the member designated project; and
                                    (II) the obligation authority that 
                                is associated with such amount.
                            (ii) Completed projects.--If the project 
                        has been completed and an unobligated amount 
                        remains reserved for a member designated 
                        project, a State, Puerto Rico, or territory may 
                        submit to the Secretary certification that such 
                        project has been completed (and the Secretary 
                        shall verify such completion). Upon 
                        verification, the State, Puerto Rico, or 
                        territory, respectively, may use, under 
                        subparagraph (B)--
                                    (I) the unobligated amount reserved 
                                for the member designated project; and
                                    (II) the obligation authority that 
                                is associated with such amount.
                    (B) Considerations.--In making the determination 
                under subparagraph (A)(i), the Secretary shall--
                            (i) consider whether the member designated 
                        project can be completed with the amount 
                        reserved for the member designated project and 
                        other committed funds;
                            (ii) determine whether the public entity 
                        serving as the project sponsor listed in the 
                        Committee Report, or any subsequent report 
                        superceding such Committee Report, accompanying 
                        this Act supports the proposed repurposing; and
                            (iii) ensure that the proposed repurposing 
                        would be used for a project with the same 
                        eligible project type.
                    (C) Treatment.--Funds for which the Secretary 
                approves a request or verifies a completed project 
                under subparagraph (A)--
                            (i) may be used and shall be treated--
                                    (I) for a request by a State, as if 
                                such amount was made available under 
                                subsection (d)(1)(B)(ii);
                                    (II) for a request by Puerto Rico, 
                                as if such amount was made available 
                                under subsection (f)(1)(B); and
                                    (III) for a request by a territory, 
                                as if such amount was made available 
                                under subsection (g)(1)(C);
                            (ii) shall be used within the location 
                        described in subparagraph (D)(ii);
                            (iii) shall be subject to the Federal share 
                        specified in section 120 of title 23, United 
                        States Code, or, in the case of a transit 
                        capital project, may be determined in 
                        accordance with section 5323(i)(1) of title 49, 
                        United States Code, as applicable; and
                            (iv) notwithstanding paragraph (1)(A)(ii), 
                        shall remain available for obligation for a 
                        period of 3 fiscal years after the last day of 
                        the fiscal year in which the Secretary approves 
                        the request.
                    (D) Location of projects.--Funds for which the 
                Secretary approves a request under subparagraph (A) 
                shall--
                            (i) for funds specified in section 107 to 
                        be used within a metropolitan planning area (as 
                        such term is defined in section 134(b) of title 
                        23, United States Code), applied to an activity 
                        within or predominantly serving such 
                        metropolitan area;
                            (ii) for funds specified in section 107 to 
                        be used within a political subdivision of a 
                        State, applied to an activity within or 
                        predominantly serving such political 
                        subdivision;
                            (iii) for funds specified in section 107 to 
                        be used within Puerto Rico, applied to an 
                        activity within Puerto Rico; and
                            (iv) for funds specified in section 107 to 
                        be used within a territory, applied to an 
                        activity within such territory.
                    (E) Obligation authority.--Notwithstanding 
                subsection (b)(1)(B)(ii), obligation authority that is 
                repurposed under this paragraph shall remain available 
                for obligation for a period of 3 fiscal years after the 
                last day of the fiscal year in which the Secretary 
                approves the request or verifies the completed project 
                under subparagraph (A).

SEC. 104. FEDERAL TRANSIT ADMINISTRATION.

    (a) All Stations Accessibility Program.--
            (1) In general.--The Secretary may make grants under this 
        subsection to assist eligible entities in financing capital 
        projects to upgrade accessibility for persons with disabilities 
        by increasing the number of covered stations that meet 
        (including exceeding) the new construction standards of title 
        II of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12131 et seq.).
            (2) Eligible costs.--A grant awarded under this section 
        shall be used on a covered system for the purpose described in 
        paragraph (1) only--
                    (A) for a project to repair, improve, or relocate 
                station infrastructure at a covered station;
                    (B) to develop or modify a plan for pursuing public 
                transportation accessibility projects; or
                    (C) to carry out other projects at covered stations 
                that meet (including exceeding) the new construction 
                standards of title II of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).
            (3) Eligible facilities.--The Secretary--
                    (A) may not provide a grant awarded under this 
                subsection to upgrade a station that is accessible to 
                and usable by individuals with disabilities, including 
                individuals who use wheelchairs, consistent with 
                current new construction standards under title II the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 1231 
                et seq.); and
                    (B) may provide a grant to upgrade a station that 
                is not accessible and usable as described in paragraph 
                (1), even if related services, programs, or activities, 
                when viewed in entirety, are readily accessible and 
                usable as so described.
            (4) Application.--To apply for a grant under this 
        subsection, an applicant shall provide to the Secretary such 
        information as the Secretary may require, including, at a 
        minimum, information on--
                    (A) the extent to which the proposed project will 
                increase the accessibility of a covered system;
                    (B) projected improvements in access to jobs, 
                community activities, and essential destinations 
                provided by such project;
                    (C) the applicant's plans to--
                            (i) enhance the customer experience and 
                        maximize accessibility of rolling stock and 
                        stations for individuals with disabilities;
                            (ii) improve the operations of, provide 
                        efficiencies of service to, and enhance the 
                        public transportation system for individuals 
                        with disabilities; and
                            (iii) address equity of service to all 
                        riders regardless of ability, including for 
                        riders of differing abilities that are low-
                        income, seniors, or riders from communities of 
                        color; and
                    (D) coordination between the applicant and 
                disability advocacy entities.
            (5) Federal share.--The Federal share of the net project 
        cost of a grant provided under this subsection shall be 90 
        percent. The recipient may provide additional local matching 
        amounts.
            (6) Grant requirements.--Except as otherwise provided under 
        this subsection, a grant provided under this subsection shall 
        be subject to the requirements of section 5307 of title 49, 
        United States Code.
            (7) Grant solicitation.--The Secretary may provide funds 
        authorized under this subsection through 1 or more notices of 
        funding opportunity.
            (8) Authorization of appropriations.--There is authorized 
        to be appropriated from the Mass Transit Account $1,000,000,000 
        for fiscal year 2022 to provide grants under this subsection.
            (9) Availability of amounts.--Amounts made available under 
        this subsection shall be available for a period of 4 fiscal 
        years after the fiscal year in which the amount is made 
        available.
            (10) Definitions.--In this section:
                    (A) Covered station.--The term ``covered station'' 
                means a rail fixed guideway public transportation 
                station for passenger use constructed prior to the date 
                of enactment of this Act.
                    (B) Covered system.--The term ``covered system'' 
                means a rail fixed guideway public transportation 
                system that was in operation before July 26, 1990.
                    (C) Disability.--The term ``disability'' has the 
                meaning given such term in section 3 of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 12102).
                    (D) Eligible entity.--The term ``eligible entity'' 
                means a State or local governmental authority that 
                operates a rail fixed guideway public transportation 
                system that was in operation before July 26, 1990.
    (b) Reducing Transit Deserts.--
            (1) In general.--The Secretary may make grants under this 
        subsection to eligible recipients for eligible projects to 
        establish new bus service or increase the frequency of bus 
        service.
            (2) Eligible projects.--Eligible projects under this 
        subsection are projects in eligible areas--
                    (A) to establish or enhance bus service with 
                headways equal to or shorter than 20 minutes for at 
                least 18 hours per day in neighborhoods lacking such 
                service; or
                    (B) to establish or increase express lane transit 
                service that connects communities to jobs and essential 
                destinations, as long as such service will improve 
                mobility or expand affordable transportation options in 
                underserved communities.
            (3) Eligible costs.--Eligible costs under this section 
        include--
                    (A) acquisition of vehicles;
                    (B) acquisition, installation, and construction of 
                bus stops, stations, and related infrastructure;
                    (C) construction or expansion of maintenance 
                facilities to support the new or enhanced service;
                    (D) maintenance activities to support the expanded 
                service; and
                    (E) operating expenses for up to 2 years beginning 
                on the first day of revenue service.
            (4) Application.--To apply for a grant under this 
        subsection, an applicant shall provide to the Secretary such 
        information as the Secretary may require, including information 
        on the extent to which the project will--
                    (A) provide reliable and frequent connections to 
                jobs and essential destinations;
                    (B) reduce air pollution and greenhouse gas 
                emissions; and
                    (C) support unserved and underserved populations 
                and communities.
            (5) Federal share.--
                    (A) In general.--The Federal share of the net 
                project cost of a capital project carried out using a 
                grant under this subsection shall be 80 percent. The 
                recipient may provide additional local matching 
                amounts.
                    (B) Operating costs.--The Federal share of net 
                operating costs for a project carried out using a grant 
                under this subsection shall be not more than 50 
                percent.
            (6) Grant requirements.--
                    (A) In general.--A grant under this subsection 
                shall be subject to the requirements of section 5307 of 
                title 49, United States Code, for eligible recipients, 
                except operating expenses shall be eligible for funding 
                under this subsection for 2 years beginning on the 
                first day of revenue service in urbanized areas with 
                populations greater than 200,000.
                    (B) New or enhanced service.--The new or enhanced 
                service funded under this subsection shall be operated 
                for a period of at least 5 years.
            (7) Grant solicitation.--The Secretary may provide funds 
        authorized under this subsection through 1 or more notices of 
        funding opportunity.
            (8) Justice40 initiative.--In making competitive grants 
        under this subsection, the Secretary shall, to the extent 
        practicable, have a goal that 40 percent of the overall 
        benefits of the Federal investment flow to disadvantaged 
        communities, consistent with sections 219 and 223 of Executive 
        Order 14008 and related regulations, Executive Orders, and 
        administrative guidance.
            (9) Availability of amounts.--Any amounts made available 
        under this subsection--
                    (A) shall remain available for 2 fiscal years after 
                the fiscal year for which the amount is made available; 
                and
                    (B) that remain unobligated at the end of the 
                period described in subparagraph (A) shall be made 
                available to other eligible projects.
            (10) Authorization of appropriations.--There is authorized 
        to be appropriated out of the Mass Transit Account 
        $1,000,000,000 for fiscal year 2022 to provide grants under 
        this subsection.
            (11) Definitions.--In this subsection:
                    (A) Eligible area.--The term ``eligible area'' 
                means a neighborhood or service area, as defined by the 
                Secretary, within an urbanized area that has a 
                population of more than 100,000 where fewer than 45,000 
                annual fixed route bus vehicle revenue miles per square 
                mile are operated.
                    (B) Eligible recipient.--The term ``eligible 
                recipient'' means--
                            (i) designated recipients that allocate 
                        funds to fixed route bus operators or express 
                        lane transit operators; or
                            (ii) State or local governmental entities 
                        that operate or propose to operate fixed route 
                        bus service or express lane transit.
                    (C) Express lane transit.--The term ``express lane 
                transit'' means an integrated combination of bus rapid 
                transit and tolled managed lanes that allows for 
                limited access entry of toll paying vehicles to 
                restricted lanes, while prioritizing transit's need and 
                use of available capacity in order to improve transit 
                performance.
    (c) Federal Share Adjustments.--
            (1) In general.--In addition to amounts made available 
        under section 5338(b) of title 49, United States Code, and 
        section 102(a)(2)(B)(iii) of this division, there are 
        authorized to be appropriated for fiscal year 2022 such sums as 
        may be necessary to increase the Federal share, at the request 
        of the project sponsor, of a new fixed guideway, a core 
        capacity improvement, or a small starts project that is not 
        open to revenue service and that has received an allocation of 
        funding in fiscal years 2019, 2020, or 2021.
            (2) Considerations.--In making allocations under 
        subparagraph (1), the Secretary shall take into consideration 
        the extent to which the project sponsor demonstrates a need for 
        a higher Federal share, including the extent to which--
                    (A) a project sponsor made a local financial 
                commitment that exceeded the required non-Federal share 
                of the cost of the project;
                    (B) a project sponsor has experienced, as a result 
                of the coronavirus public health emergency, a loss of 
                non-Federal revenues that were intended to support the 
                project.
            (3) Adjustment.--Notwithstanding any other provision of 
        law, the Secretary may increase the Federal share of a project 
        under this section by up to 30 percent, up to a maximum of an 
        80 percent Federal share.
            (4) Amount.--Amounts distributed under this subsection 
        shall be provided notwithstanding the limitation of any 
        calculation of the maximum amount of Federal financial 
        assistance for the project for a new fixed guideway, a core 
        capacity improvement, or a small start project.

SEC. 105. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.

    (a) Special Funding for Fiscal Year 2022.--
            (1) In general.--
                    (A) Authorization of appropriations.--In addition 
                to amounts authorized under section 102, there is 
                authorized to be appropriated from the Highway Account 
                for fiscal year 2022, for activities under this 
                subsection, $244,514,000.
                    (B) Contract authority.--Amounts authorized under 
                subparagraph (A) shall be available for obligation in 
                the same manner as if such funds were apportioned under 
                chapter 1 of title 23, United States Code.
                    (C) Obligation limitation.--Notwithstanding any 
                other provision of law, for fiscal year 2022, 
                obligations for activities authorized under this 
                paragraph and obligations for activities authorized 
                under section 102(a)(2)(A)(i)(II)(bb) that exceed 
                amounts authorized under section 4001(a)(6) of the FAST 
                Act (Public Law 114-94) shall not exceed $247,783,000.
            (2) Distribution of funds.--Amounts authorized to be 
        appropriated for fiscal year 2022 under paragraph (1) shall be 
        distributed as follows:
                    (A) $105,000,000 for carrying out section 402 of 
                title 23, United States Code.
                    (B) $15,312,000 for carrying out section 403 of 
                title 23, United States Code.
                    (C) $19,202,000 for carrying out section 404 of 
                title 23, United States Code.
                    (D) $105,000,000 for carrying out section 405 of 
                title 23, United States Code.
    (b) Cooperative Research and Evaluation.--Notwithstanding the 
apportionment formula set forth in section 402(c)(2) of title 23, 
United States Code, and section 403(f)(1) of title 23, United States 
Code, $2,500,000 of the total amount available for apportionment to the 
States for highway safety programs under section 402(c)(2) of title 23, 
United States Code, fiscal year 2022, shall be available for 
expenditure by the Secretary, acting through the Administrator of the 
National Highway Traffic Safety Administration, for a cooperative 
research and evaluation program to research and evaluate priority 
highway safety countermeasures.

SEC. 106. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.

    (a) Special Funding for Fiscal Year 2022.--
            (1) Authorization of appropriations.--
                    (A) In general.--In addition to amounts authorized 
                under section 102, there is authorized to be 
                appropriated from the Highway Account for fiscal year 
                2022, for activities under this subsection, 
                $209,900,000.
                    (B) Obligation limitation.--Notwithstanding any 
                other provision of law, for fiscal year 2022, 
                obligations for activities authorized under this 
                paragraph shall not exceed $209,900,000.
            (2) Distribution of funds.--Amounts authorized to be 
        appropriated for fiscal year 2022 under paragraph (1) shall be 
        distributed as follows:
                    (A) Subject to section 31104(c) of title 49, United 
                States Code--
                            (i) $80,512,000 for carrying out section 
                        31102 (except subsection (l)) of title 49, 
                        United States Code);
                            (ii) $14,208,000 for carrying out section 
                        31102(l) of title 49, United States Code; and
                            (iii) $23,680,000 for carrying out section 
                        31313 of title 49, United States Code.
                    (B) $91,500,000 for carrying out section 31110 of 
                title 49, United States Code.
            (3) Treatment of funds.--Amounts made available under this 
        section shall be made available for obligation and administered 
        as if made available under chapter 311 of title 49, United 
        States Code.
    (b) Administrative Expenses.--The Administrator of the Federal 
Motor Carrier Safety Administration shall ensure that funds made 
available under subsection (a)(2)(B) are used, to the maximum extent 
practicable, to support--
            (1) the acceleration of planned investments to modernize 
        the Administration's information technology and information 
        management systems;
            (2) the completion of outstanding statutory mandates 
        required by MAP-21 (112-141) and the FAST Act (114-94); and
            (3) a Large Truck Crash Causal Factors Study of the 
        Administration.

SEC. 107. MEMBER DESIGNATED PROJECT AUTHORIZATIONS.

    (a) Member Designated Projects.--The amount listed for each member 
designated project in the table in subsection (c) shall be available 
(from amounts made available by paragraphs (1), (3), and (4) of section 
103(c)) for fiscal year 2022 to carry out each such project.
    (b) Savings Clause.--
            (1) Additional information.--In administering member 
        designated projects, the Secretary shall consider the 
        additional information provided in the Committee Report, or any 
        subsequent report superceding such Committee Report, 
        accompanying this Act.
            (2) Subsequent phases.--
                    (A) In general.--Subject to subparagraph (B), 
                nothing in the table in subsection (c), or in the 
                Committee Report, or any subsequent report superceding 
                such Committee Report, accompanying this Act, shall 
                prevent the Secretary, at the discretion of the 
                Secretary, from allowing a subsequent phase of a member 
                designated project to be carried out with funds 
                reserved for such project under subsection (c).
                    (B) Project sponsor concurrence.--The Secretary 
                shall only allow under this paragraph a subsequent 
                phase of a member designated project to be carried out 
                with funds reserved for such project under subsection 
                (c) with the concurrence of the project sponsor for 
                such project listed in the Committee Report 
                accompanying this Act,
            (3) Repurposing.--Nothing in the table in subsection (c), 
        or the Committee Report, or any subsequent report superceding 
        such Committee Report, accompanying this Act, shall prevent 
        funds reserved for a member designated project from being 
        repurposed as described in section 103(i)(2), provided that all 
        requirements in such section are satisfied.
    (c) Project Designations.--[To be supplied.]

                   DIVISION B--SURFACE TRANSPORTATION

SEC. 1001. APPLICABILITY OF DIVISION.

    (a) Applicability.--This division, including the amendments made by 
this division, applies beginning on October 1, 2022.
    (b) Reference to Date of Enactment.--In this division and the 
amendments made by this division, any reference to--
            (1) the date of enactment of this Act;
            (2) the date of enactment of a provision of this division;
            (3) the date of enactment of a provision added to law by an 
        amendment made by this division; or
            (4) the date of enactment of the INVEST in America Act 
        added to law by an amendment made by this division,
shall be treated as a reference to October 1, 2022.
    (c) Exception for Immediate Application.--Subsections (a) and (b) 
shall not apply to the following sections and any amendments made by 
such sections:
            (1) Section 1105.
            (2) Section 1107.
            (3) Section 1305.
            (4) Subsections (c)(1) and (d) of section 2104.
            (5) Section 2106.
            (6) Section 2112.
            (7) Section 2204(1)(A).
            (8) Section 2305.
            (9) Section 2307.
            (10) Section 2902(2).

                     TITLE I--FEDERAL-AID HIGHWAYS

           Subtitle A--Authorizations and Program Conditions

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Federal-aid highway program.--For the national highway 
        performance program under section 119 of title 23, United 
        States Code, the pre-disaster mitigation program under section 
        124 of such title, the railway crossings program under section 
        130 of such title, the surface transportation program under 
        section 133 of such title, the highway safety improvement 
        program under section 148 of such title, the congestion 
        mitigation and air quality improvement program under section 
        149 of such title, the clean corridors program under section 
        151 of such title, the national highway freight program under 
        section 167 of such title, the carbon pollution reduction 
        program under section 171 of such title, and metropolitan 
        planning under section 134 of such title--
                    (A) $56,522,048,429 for fiscal year 2023;
                    (B) $57,480,646,776 for fiscal year 2024;
                    (C) $58,595,359,712 for fiscal year 2025; and
                    (D) $59,618,666,186 for fiscal year 2026.
            (2) Transportation infrastructure finance and innovation 
        program.--For credit assistance under the transportation 
        infrastructure finance and innovation program under chapter 6 
        of title 23, United States Code, $250,000,000 for each of 
        fiscal years 2023 through 2026.
            (3) Construction of ferry boats and ferry terminal 
        facilities.--For construction of ferry boats and ferry terminal 
        facilities under section 147 of title 23, United States Code, 
        $120,000,000 for each of fiscal years 2023 through 2026.
            (4) Federal lands and tribal transportation programs.--
                    (A) Tribal transportation program.--For the tribal 
                transportation program under section 202 of title 23, 
                United States Code, $800,000,000 for each of fiscal 
                years 2023 through 2026.
                    (B) Federal lands transportation program.--
                            (i) In general.--For the Federal lands 
                        transportation program under section 203 of 
                        title 23, United States Code, $555,000,000 for 
                        each of fiscal years 2023 through 2026.
                            (ii) Allocation.--Of the amount made 
                        available for a fiscal year under clause (i)--
                                    (I) the amount for the National 
                                Park Service is $400,000,000 for each 
                                of fiscal years 2023 through 2026;
                                    (II) the amount for the United 
                                States Fish and Wildlife Service is 
                                $50,000,000 for each of fiscal years 
                                2023 through 2026;
                                    (III) the amount for the United 
                                States Forest Service is $50,000,000 
                                for each of fiscal years 2023 through 
                                2026;
                                    (IV) the amount for the Corps of 
                                Engineers is $16,000,000 for each of 
                                fiscal years 2023 through 2026;
                                    (V) the amount for the Bureau of 
                                Land Management is $16,000,000 for each 
                                of fiscal years 2023 through 2026;
                                    (VI) the amount for the Bureau of 
                                Reclamation is $16,000,000 for each of 
                                fiscal years 2023 through 2026; and
                                    (VII) the amount for independent 
                                Federal agencies with natural resource 
                                and land management responsibilities is 
                                $7,000,000 for each of fiscal years 
                                2023 through 2026.
                    (C) Federal lands access program.--For the Federal 
                lands access program under section 204 of title 23, 
                United States Code, $345,000,000 for each of fiscal 
                years 2023 through 2026.
                    (D) Federal lands and tribal major projects 
                grants.--To carry out section 208 of title 23, United 
                States Code, $400,000,000 for each of fiscal years 2023 
                through 2026.
            (5) Territorial and puerto rico highway program.--For the 
        territorial and Puerto Rico highway program under section 165 
        of title 23, United States Code, the amounts specified in 
        paragraphs (1) and (2) of section 165(a) for each of fiscal 
        years 2023 through 2026.
            (6) Projects of national and regional significance.--For 
        projects of national and regional significance under section 
        117 of title 23, United States Code, $3,000,000,000 for each of 
        fiscal years 2023 through 2026.
            (7) Community transportation investment grants.--To carry 
        out section 173 of title 23, United States Code, $600,000,000 
        for each of fiscal years 2023 through 2026.
            (8) Community climate innovation grants.--To carry out 
        section 172 of title 23, United States Code, $250,000,000 for 
        each of fiscal years 2023 through 2026.
            (9) National scenic byways program.--To carry out section 
        162 of title 23, United States Code, $16,000,000 for each of 
        fiscal year 2023 through 2026.
            (10) Rebuild rural bridges program.-- To carry out section 
        1307 of this Act, $250,000,000 for each of fiscal years 2023 
        through 2026.
            (11) Parking for commercial motor vehicles.--To carry out 
        section 1308 of this Act, $250,000,000 for each of fiscal years 
        2023 through 2026.
            (12) Active connected transportation grant program.--To 
        carry out section 1309 of this Act, $250,000,000 for each of 
        fiscal years 2023 through 2026.
            (13) Wildlife crossings program.--To carry out section 1310 
        of this Act, $100,000,000 for each of fiscal years 2023 through 
        2026.
            (14) Reconnecting neighborhoods program.--To carry out 
        section 1311 of this Act, $750,000,000 for each of fiscal years 
        2023 through 2026.
            (15) Metro performance program.--To carry out section 1305 
        of this Act, $250,000,000 for each of fiscal years 2023 through 
        2026.
            (16) Gridlock reduction grant program.--To carry out 
        section 1306 of this Act, $500,000,000 for fiscal year 2023.
    (b) Treatment of Funds.--Amounts made available under paragraphs 
(10) through (14) of subsection (a) shall be administered as if 
apportioned under chapter 1 of title 23, United States Code.
    (c) Disadvantaged Business Enterprises.--
            (1) Findings.--Congress finds that--
                    (A) despite the real improvements caused by the 
                disadvantaged business enterprise program, minority- 
                and women-owned businesses across the country continue 
                to confront serious and significant obstacles to 
                success caused by race and gender discrimination in the 
                federally assisted surface transportation market and 
                related markets across the United States;
                    (B) the continuing race and gender discrimination 
                described in subparagraph (A) merits the continuation 
                of the disadvantaged business enterprise program;
                    (C) recently, the disparities cause by 
                discrimination against African American, Hispanic 
                American, Asian American, Native American, and women 
                business owners have been further exacerbated by the 
                coronavirus pandemic and its disproportionate effects 
                on minority- and women-owned businesses across the 
                nation;
                    (D) Congress has received and reviewed testimony 
                and documentation of race and gender discrimination 
                from numerous sources, including congressional hearings 
                and other investigative activities, scientific reports, 
                reports issued by public and private agencies at every 
                level of government, news reports, academic 
                publications, reports of discrimination by 
                organizations and individuals, and discrimination 
                lawsuits, which continue to demonstrate that race- and 
                gender-neutral efforts alone are insufficient to 
                address the problem;
                    (E) the testimony and documentation described in 
                subparagraph (D) demonstrate that discrimination across 
                the United States poses an injurious and enduring 
                barrier to full and fair participation in surface 
                transportation-related businesses of women business 
                owners and minority business owners and has negatively 
                affected firm formation, development and success in 
                many aspects of surface transportation-related business 
                in the public and private markets; and
                    (F) the testimony and documentation described in 
                subparagraph (D) provide a clear picture of the 
                inequality caused by discrimination that continues to 
                plague our nation and a strong basis that there is a 
                compelling need for the continuation of the 
                disadvantaged business enterprise program to address 
                race and gender discrimination in surface 
                transportation-related business.
            (2) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Small business concern.--The term ``small 
                business concern'' means a small business concern (as 
                the term is used in section 3 of the Small Business Act 
                (15 U.S.C. 632)).
                    (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' has the meaning given the 
                term in section 8(d) of the Small Business Act (15 
                U.S.C. 637(d)) and relevant subcontracting regulations 
                issued pursuant to that Act, except that women shall be 
                presumed to be socially and economically disadvantaged 
                individuals for purposes of this subsection.
            (3) Amounts for small business concerns.--Except to the 
        extent that the Secretary of Transportation determines 
        otherwise, not less than 10 percent of the amounts made 
        available for any program under titles I, II, V, and VII of 
        this division and section 403 of title 23, United States Code, 
        shall be expended through small business concerns owned and 
        controlled by socially and economically disadvantaged 
        individuals.
            (4) Annual listing of disadvantaged business enterprises.--
        Each State shall annually--
                    (A) survey and compile a list of the small business 
                concerns referred to in paragraph (3) in the State, 
                including the location of the small business concerns 
                in the State; and
                    (B) notify the Secretary, in writing, of the 
                percentage of the small business concerns that are 
                controlled by--
                            (i) women;
                            (ii) socially and economically 
                        disadvantaged individuals (other than women); 
                        and
                            (iii) individuals who are women and are 
                        otherwise socially and economically 
                        disadvantaged individuals.
            (5) Uniform certification.--
                    (A) In general.--The Secretary of Transportation 
                shall establish minimum uniform criteria for use by 
                State governments in certifying whether a concern 
                qualifies as a small business concern for the purpose 
                of this subsection.
                    (B) Inclusions.--The minimum uniform criteria 
                established under subparagraph (A) shall include, with 
                respect to a potential small business concern--
                            (i) on-site visits;
                            (ii) personal interviews with personnel;
                            (iii) issuance or inspection of licenses;
                            (iv) analyses of stock ownership;
                            (v) listings of equipment;
                            (vi) analyses of bonding capacity;
                            (vii) listings of work completed;
                            (viii) examination of the resumes of 
                        principal owners;
                            (ix) analyses of financial capacity; and
                            (x) analyses of the type of work preferred.
            (6) Reporting.--The Secretary of Transportation shall 
        establish minimum requirements for use by State governments in 
        reporting to the Secretary--
                    (A) information concerning disadvantaged business 
                enterprise awards, commitments, and achievements; and
                    (B) such other information as the Secretary 
                determines to be appropriate for the proper monitoring 
                of the disadvantaged business enterprise program.
            (7) Compliance with court orders.--Nothing in this 
        subsection limits the eligibility of an individual or entity to 
        receive funds made available under titles I, II, V, and VII of 
        this division and section 403 of title 23, United States Code, 
        if the entity or person is prevented, in whole or in part, from 
        complying with paragraph (3) because a Federal court issues a 
        final order in which the court finds that a requirement or the 
        implementation of paragraph (3) is unconstitutional.
            (8) Sense of congress on prompt payment of dbe 
        subcontractors.--It is the sense of Congress that--
                    (A) the Secretary of Transportation should take 
                additional steps to ensure that recipients comply with 
                section 26.29 of title 49, Code of Federal Regulations 
                (the disadvantaged business enterprises prompt payment 
                rule), or any corresponding regulation, in awarding 
                federally funded transportation contracts under laws 
                and regulations administered by the Secretary; and
                    (B) such additional steps should include increasing 
                the Department of Transportation's ability to track and 
                keep records of complaints and to make that information 
                publicly available.
    (d) Limitation on Financial Assistance for State-Owned 
Enterprises.--
            (1) In general.--Funds provided under this section may not 
        be used in awarding or exercising an option on a previously 
        awarded contract, a contract, subcontract, grant, or loan to an 
        entity that is owned or controlled by, is a subsidiary of, or 
        is otherwise related legally or financially to a corporation 
        based in a country that--
                    (A) is identified as a nonmarket economy country 
                (as defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of enactment 
                of this Act;
                    (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                    (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
            (2) Exception.--For purposes of paragraph (1), the term 
        ``otherwise related legally or financially'' does not include a 
        minority relationship or investment.
            (3) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under international agreements.

SEC. 1102. OBLIGATION LIMITATION.

    (a) General Limitation.--Subject to subsection (e), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs shall not 
exceed--
            (1) [To be supplied.] for fiscal year 2023;
            (2) [To be supplied.] for fiscal year 2024;
            (3) [To be supplied.] for fiscal year 2025; and
            (4) [To be supplied.] for fiscal year 2026.
    (b) Exceptions.--The limitations under subsection (a) shall not 
apply to obligations under or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance 
        Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
            (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
            (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
            (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240);
            (7) section 157 of title 23, United States Code (as in 
        effect on June 8, 1998);
            (8) section 105 of title 23, United States Code (as in 
        effect for fiscal years 1998 through 2004, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
            (10) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2005 through 2012, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation;
            (12) section 119 of title 23, United States Code (as in 
        effect for fiscal years 2013 through 2015, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (13) section 119 of title 23, United States Code (but, for 
        fiscal years 2016 through 2022, only in an amount equal to 
        $639,000,000 for each of those fiscal years);
            (14) section 203 of title 23, United States Code (but, for 
        fiscal years 2023 through 2026, only in an amount equal to 
        $550,000,000 for each of those fiscal years); and
            (15) section 133(d)(1)(B) of title 23, United States Code 
        (but, for fiscal years 2023 through 2026, only in an amount 
        equal to $89,000,000 for each of those fiscal years).
    (c) Distribution of Obligation Authority.--Subject to paragraph 
(1)(B), for each of fiscal years 2023 through 2026, the Secretary of 
Transportation--
            (1)(A) shall not distribute obligation authority provided 
        by subsection (a) for the fiscal year for--
                    (i) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code;
                    (ii) amounts authorized for the Bureau of 
                Transportation Statistics;
                    (iii) amounts authorized for the tribal 
                transportation program under section 202 of title 23, 
                United States Code; and
                    (iv) amounts authorized for the territorial and 
                Puerto Rico highway program under section 165(a) of 
                title 23, United States Code; and
            (B) for each of fiscal years 2023 through 2026, in addition 
        to the amounts described in subparagraph (A), shall not 
        distribute obligation authority provided by subsection (a) for 
        the fiscal year for amounts authorized for the metro 
        performance program under section 1305 of this Act;
            (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts--
                    (A) made available from the Highway Trust Fund 
                (other than the Mass Transit Account) for Federal-aid 
                highway and highway safety construction programs for 
                previous fiscal years, the funds for which are 
                allocated by the Secretary (or apportioned by the 
                Secretary under section 202 or 204 of title 23, United 
                States Code); and
                    (B) for which obligation authority was provided in 
                a previous fiscal year;
            (3) shall determine the proportion that--
                    (A) the obligation authority provided by subsection 
                (a) for the fiscal year, less the aggregate of amounts 
                not distributed under paragraphs (1) and (2) of this 
                subsection; bears to
                    (B) the total of--
                            (i) the sums authorized to be appropriated 
                        for the Federal-aid highway and highway safety 
                        construction programs, other than sums 
                        authorized to be appropriated for--
                                    (I) provisions of law described in 
                                paragraphs (1) through (13) of 
                                subsection (b);
                                    (II) section 203 of title 23, 
                                United States Code, equal to the amount 
                                referred to in subsection (b)(14) for 
                                the fiscal year; and
                                    (III) section 133(d)(1)(B) of title 
                                23, United States Code, equal to the 
                                amount referred to in subsection 
                                (b)(15) for the fiscal year; less
                            (ii) the aggregate of the amounts not 
                        distributed under paragraphs (1) and (2) of 
                        this subsection;
            (4) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2), for each of the programs (other 
        than programs to which paragraph (1) applies) that are 
        allocated by the Secretary under this Act and title 23, United 
        States Code, or apportioned by the Secretary under section 202 
        or 204 of such title, by multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
            (5) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the surface transportation program in section 
        133(d)(1)(B) of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(15) and the amounts 
        apportioned under sections 202 and 204 of such title) in the 
        proportion that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears 
                to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 
                under title 23, United States Code, to all States for 
                the fiscal year.
    (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary of Transportation shall, after August 1 
of each of fiscal years 2023 through 2026--
            (1) revise a distribution of the obligation authority made 
        available under subsection (c) if an amount distributed cannot 
        be obligated during that fiscal year; and
            (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under section 
        104 of title 23, United States Code.
    (e) Special Limitation.--
            (1) In general.--Except as provided in paragraph (2), 
        obligation limitations imposed by subsection (a) shall apply to 
        contract authority for--
                    (A) transportation research programs carried out 
                under chapter 5 of title 23, United States Code, and 
                title V of this Act; and
                    (B) the metro performance program under section 
                1305 of this Act.
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) remain available for a period of 4 fiscal 
                years; and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.
    (f) Lop-Off.--
            (1) In general.--Not later than 30 days after the date of 
        distribution of obligation authority under subsection (c) for 
        each of fiscal years 2023 through 2026, the Secretary of 
        Transportation shall distribute to the States any funds that--
                    (A) are authorized to be appropriated for the 
                fiscal year for Federal-aid highway programs; and
                    (B) the Secretary determines will not be allocated 
                to the States (or will not be apportioned to the States 
                under section 204 of title 23, United States Code), and 
                will not be available for obligation, for the fiscal 
                year because of the imposition of any obligation 
                limitation for the fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (c)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.

SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.

    Section 101 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1), (2), (3), (4), 
                (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), 
                (15), (16), (17), (18), (19), (20), (21), (22), (23), 
                (24), (25), (26), (27), (28), (29), (30), (31), (32), 
                (33), and (34) as paragraphs (2), (4), (5), (7), (9), 
                (11), (12), (13), (14), (15), (17), (18), (19), (20), 
                (21), (22), (24), (25), (26), (27), (29), (30), (33), 
                (34), (35), (36), (37), (38), (39), (43), (44), (45), 
                (46), and (47), respectively;
                    (B) by inserting before paragraph (2), as so 
                redesignated, the following:
            ``(1) Adaptation.--The term `adaptation' means an 
        adjustment in natural or human systems in anticipation of, or 
        in response to, a changing environment in a way that moderates 
        negative effects of extreme events or climate change.'';
                    (C) by inserting before paragraph (4), as so 
                redesignated, the following:
            ``(3) Areas of persistent poverty.--The term `areas of 
        persistent poverty' means--
                    ``(A) any county that has had 20 percent or more of 
                the population of such county living in poverty over 
                the past 30 years, as measured by the 1990 and 2000 
                decennial censuses and the most recent Small Area 
                Income and Poverty Estimates;
                    ``(B) any census tract with a poverty rate of at 
                least 20 percent, as measured by the most recent 5-year 
                data series available from the American Community 
                Survey of the Bureau of the Census for all States and 
                Puerto Rico; or
                    ``(C) any other territory or possession of the 
                United States that has had 20 percent or more of its 
                population living in poverty over the past 30 years, as 
                measured by the 1990, 2000, and 2010 decennial 
                censuses, or equivalent data, of the Bureau of the 
                Census.''.
                    (D) by inserting after paragraph (5), as so 
                redesignated, the following:
            ``(6) Climate change.--The term `climate change' means any 
        significant change in the measures of climate lasting for an 
        extended period of time, and may include major changes in 
        temperature, precipitation, wind patterns, or sea level, among 
        others, that occur over several decades or longer.'';
                    (E) in paragraph (7)(A), as so redesignated, by 
                inserting ``assessing resilience,'' after 
                ``surveying,'';
                    (F) by inserting after paragraph (7), as so 
                redesignated, the following:
            ``(8) Context sensitive design principles.--The term 
        `context sensitive design principles' means principles for the 
        design of a public road that--
                    ``(A) provides for the safe and adequate 
                accommodation, in all phases of project planning, 
                design, and development, transportation facilities for 
                users, including pedestrians, bicyclists, public 
                transportation users, children, older individuals, 
                individuals with disabilities, motorists, and freight 
                vehicles; and
                    ``(B) considers the context in which the facility 
                is planned to be constructed to determine the 
                appropriate facility design.'';
                    (G) by inserting after paragraph (9), as so 
                redesignated, the following:
            ``(10) Evacuation route.--The term `evacuation route' means 
        a transportation route or system that--
                    ``(A) is used to transport--
                            ``(i) the public away from an emergency 
                        event; or
                            ``(ii) first responders and recovery 
                        resources in the event of an emergency; and
                    ``(B) is identified, consistent with sections 
                134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the 
                eligible entity with jurisdiction over the area in 
                which the route is located for the purposes described 
                in subparagraph (A).'';
                    (H) by inserting after paragraph (15), as so 
                redesignated, the following:
            ``(16) Greenhouse gas.--The term `greenhouse gas' has the 
        meaning given the term in section 211(o)(1)(G) of the Clean Air 
        Act (42 U.S.C. 7545(o)(1)(G)).'';
                    (I) by inserting after paragraph (21), as so 
                redesignated, the following:
            ``(23) Natural infrastructure.--
                    ``(A) In general.--The term `natural 
                infrastructure' means infrastructure that uses, 
                restores, or emulates natural ecological processes 
                that--
                            ``(i) is created through the action of 
                        natural physical, geological, biological, and 
                        chemical processes over time;
                            ``(ii) is created by human design, 
                        engineering, and construction to emulate or act 
                        in concert with natural processes; or
                            ``(iii) involves the use of plants, soils, 
                        and other natural features, including through 
                        the creation, restoration, or preservation of 
                        vegetated areas using materials appropriate to 
                        the region to manage stormwater and runoff, to 
                        attenuate flooding and storm surges, and for 
                        other related purposes.
                    ``(B) Inclusion.--The term `natural infrastructure' 
                includes green infrastructure and nature-based 
                solutions.'';
                    (J) by inserting after paragraph (27), as so 
                redesignated, the following:
            ``(28) Protective feature.--
                    ``(A) In general.--The term `protective feature' 
                means an improvement to a highway, bridge, or other 
                transportation facility designed to increase resilience 
                or mitigate the risk of recurring damage or the cost of 
                future repairs from climate change effects (including 
                sea level rise), flooding, and extreme events or other 
                natural disasters (including wildfires, seismic 
                activity, and landslides).
                    ``(B) Inclusions.--The term `protective feature' 
                includes--
                            ``(i) raising roadway grades;
                            ``(ii) relocating roadways to higher ground 
                        above projected flood elevation levels or away 
                        from slide prone areas;
                            ``(iii) stabilizing slide areas;
                            ``(iv) stabilizing slopes;
                            ``(v) lengthening or raising bridges to 
                        increase waterway openings;
                            ``(vi) increasing the size or number of 
                        drainage structures;
                            ``(vii) replacing culverts with bridges or 
                        upsizing culverts;
                            ``(viii) installing seismic retrofits on 
                        bridges;
                            ``(ix) scour, stream stability, coastal, 
                        and other hydraulic countermeasures;
                            ``(x) the use of natural infrastructure;
                            ``(xi) integration of the use of 
                        traditional and natural infrastructure 
                        features;
                            ``(xii) undergrounding public utilities in 
                        the course of other infrastructure improvements 
                        eligible under this title; and
                            ``(xiii) permeable pavements for stormwater 
                        management.'';
                    (K) by inserting after paragraph (30), as so 
                redesignated, the following:
            ``(31) Repeatedly damaged facility.--The term `repeatedly 
        damaged facility' means a road, highway, or bridge that has 
        required repair and reconstruction activities on 2 or more 
        occasions due to natural disasters or catastrophic failures 
        resulting in emergencies declared by the Governor of the State 
        in which the road, highway, or bridge is located or emergencies 
        or major disasters declared by the President under the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.).
            ``(32) Resilience.--
                    ``(A) In general.--The term `resilience' means, 
                with respect to a facility, the ability to--
                            ``(i) anticipate, prepare for, or adapt to 
                        conditions; or
                            ``(ii) withstand, respond to, or recover 
                        rapidly from disruptions.
                    ``(B) Inclusions.--Such term includes, with respect 
                to a facility, the ability to--
                            ``(i) resist hazards or withstand impacts 
                        from disruptions;
                            ``(ii) reduce the magnitude, duration, or 
                        impact of a disruption; or
                            ``(iii) have the absorptive capacity, 
                        adaptive capacity, and recoverability to 
                        decrease vulnerability to a disruption.''; and
                    (L) by inserting after paragraph (36), as so 
                redesignated, the following:
            ``(40) Transportation demand management; tdm.--The terms 
        `transportation demand management' and `TDM' mean the use of 
        strategies to inform and encourage travelers to maximize the 
        efficiency of a transportation system leading to improved 
        mobility, reduced congestion, and lower vehicle emissions.
            ``(41) Transportation demand management strategies.--The 
        term `transportation demand management strategies' means the 
        use of planning, programs, policy, marketing, communications, 
        incentives, pricing, data, and technology to shift travel mode, 
        routes used, departure times, number of trips, and location and 
        design work space or public attractions.
            ``(42) Transportation system access.--The term 
        `transportation system access' means the ability to travel by 
        automobile, public transportation, pedestrian, and bicycle 
        networks, measured by travel time, taking into consideration--
                    ``(A) the impacts of the level of travel stress for 
                non-motorized users;
                    ``(B) costs for low-income travelers; and
                    ``(C) the extent to which transportation access is 
                impacted by zoning policies and land use planning 
                practices that effect the affordability, elasticity, 
                and diversity of the housing supply.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``Defense,'' and 
                inserting ``Defense Highways,'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A) by striking 
                        ``Century'' and inserting ``century'';
                            (ii) in subparagraph (G) by striking ``; 
                        and'' and inserting a semicolon;
                            (iii) in subparagraph (H) by striking 
                        ``Century.'' and inserting ``century;''; and
                            (iv) by adding at the end the following:
                    ``(I) safety is the highest priority of the 
                Department of Transportation, and the Secretary and 
                States should take all actions necessary to meet the 
                transportation needs of the 21st century for all road 
                users;
                    ``(J) climate change presents a significant risk to 
                safety, the economy, and national security, and 
                reducing the contributions of the transportation system 
                to the Nation's total carbon pollution is critical; and
                    ``(K) the Secretary and States should take 
                appropriate measures and ensure investments to increase 
                the resilience of the Nation's transportation 
                system.''; and
                    (C) in paragraph (4)(A) by inserting ``while 
                ensuring that environmental protections are 
                maintained'' after ``review process''.

SEC. 1104. APPORTIONMENT.

    (a) In General.--Section 104 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(1) by striking subparagraphs (A) 
        through (E) and inserting the following:
                    ``(A) $530,000,000 for fiscal year 2023;
                    ``(B) $543,000,000 for fiscal year 2024;
                    ``(C) $557,000,000 for fiscal year 2025; and
                    ``(D) $572,000,000 for fiscal year 2026.'';
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Division Among Programs of State's Share of Base 
Apportionment.--The Secretary shall distribute the amount of the base 
apportionment apportioned to a State for a fiscal year under subsection 
(c) among the covered programs as follows:
            ``(1) National highway performance program.--For the 
        national highway performance program, 55.09 percent of the 
        amount remaining after distributing amounts under paragraphs 
        (4), (6), (7), and (10).
            ``(2) Surface transportation program.--For the surface 
        transportation program, 28.43 percent of the amount remaining 
        after distributing amounts under paragraphs (4), (6), (7), and 
        (10).
            ``(3) Highway safety improvement program.--For the highway 
        safety improvement program, 6.19 percent of the amount 
        remaining after distributing amounts under paragraphs (4), (6), 
        (7), and (10).
            ``(4) Congestion mitigation and air quality improvement 
        program.--
                    ``(A) In general.--For the congestion mitigation 
                and air quality improvement program, an amount 
                determined for the State under subparagraphs (B) and 
                (C).
                    ``(B) Total amount.--The total amount for the 
                congestion mitigation and air quality improvement 
                program for all States shall be--
                            ``(i) $2,913,925,833 for fiscal year 2023;
                            ``(ii) $2,964,919,535 for fiscal year 2024;
                            ``(iii) $3,024,217,926 for fiscal year 
                        2025; and
                            ``(iv) $3,078,653,849 for fiscal year 2026.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the amount 
                for the congestion mitigation and air quality 
                improvement program under subparagraph (B) so that each 
                State receives an amount equal to the proportion that--
                            ``(i) the amount apportioned to the State 
                        for the congestion mitigation and air quality 
                        improvement program for fiscal year 2020; bears 
                        to
                            ``(ii) the total amount of funds 
                        apportioned to all States for such program for 
                        fiscal year 2020.
            ``(5) National highway freight program.--For the national 
        highway freight program, 3.38 percent of the amount remaining 
        after distributing amounts under paragraphs (4), (6), (7), and 
        (10).
            ``(6) Metropolitan planning.--
                    ``(A) In general.--For metropolitan planning, an 
                amount determined for the State under subparagraphs (B) 
                and (C).
                    ``(B) Total amount.--The total amount for 
                metropolitan planning for all States shall be--
                            ``(i) $507,500,000 for fiscal year 2023;
                            ``(ii) $516,381,250 for fiscal year 2024;
                            ``(iii) $526,708,875 for fiscal year 2025; 
                        and
                            ``(iv) $536,189,635 for fiscal year 2026.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the amount 
                for metropolitan planning under subparagraph (B) so 
                that each State receives an amount equal to the 
                proportion that--
                            ``(i) the amount apportioned to the State 
                        for metropolitan planning for fiscal year 2020; 
                        bears to
                            ``(ii) the total amount of funds 
                        apportioned to all States for metropolitan 
                        planning for fiscal year 2020.
            ``(7) Railway crossings.--
                    ``(A) In general.--For the railway crossings 
                program, an amount determined for the State under 
                subparagraphs (B) and (C).
                    ``(B) Total amount.--The total amount for the 
                railway crossings program for all States shall be 
                $245,000,000 for each of fiscal years 2023 through 
                2026.
                    ``(C) State share.--
                            ``(i) In general.--For each fiscal year, 
                        the Secretary shall distribute among the States 
                        the amount for the railway crossings program 
                        under subparagraph (B) as follows:
                                    ``(I) 50 percent of the amount for 
                                a fiscal year shall be apportioned to 
                                States by the formula set forth in 
                                section 104(b)(3)(A) (as in effect on 
                                the day before the date of enactment of 
                                MAP-21).
                                    ``(II) 50 percent of the amount for 
                                a fiscal year shall be apportioned to 
                                States in the ratio that total public 
                                railway-highway crossings in each State 
                                bears to the total of such crossings in 
                                all States.
                            ``(ii) Minimum apportionment.--
                        Notwithstanding clause (i), for each fiscal 
                        year, each State shall receive a minimum of 
                        one-half of 1 percent of the total amount for 
                        the railway crossings program for such fiscal 
                        year under subparagraph (B).
            ``(8) Predisaster mitigation program.--For the predisaster 
        mitigation program, 2.96 percent of the amount remaining after 
        distributing amounts under paragraphs (4), (6), (7), and (10).
            ``(9) Carbon pollution reduction program.--For the carbon 
        pollution reduction program, 3.95 percent of the amount 
        remaining after distributing amounts under paragraphs (4), (6), 
        (7), and (10).
            ``(10) Clean corridors.--
                    ``(A) In general.--For the clean corridors program, 
                an amount determined for the State under subparagraphs 
                (B) and (C).
                    ``(B) Total amount.--The total amount for the clean 
                corridors program for all States shall be 
                $1,000,000,000 for each of fiscal years 2023 through 
                2026.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the total 
                amount for the clean corridors program under 
                subparagraph (B) so that each State receives the amount 
                equal to the proportion that--
                            ``(i) the total base apportionment 
                        determined for the State under subsection (c); 
                        bears to
                            ``(ii) the total base apportionments for 
                        all States under subsection (c).
    ``(c) Calculation of Amounts.--
            ``(1) State share.--For each of fiscal years 2023 through 
        2026, the amount for each State shall be determined as follows:
                    ``(A) Initial amounts.--The initial amounts for 
                each State shall be determined by multiplying--
                            ``(i) each of--
                                    ``(I) the base apportionment; and
                                    ``(II) supplemental funds reserved 
                                under subsection (h)(1) for the highway 
                                safety improvement program; by
                            ``(ii) the share for each State, which 
                        shall be equal to the proportion that--
                                    ``(I) the amount of apportionments 
                                that the State received for fiscal year 
                                2020; bears to
                                    ``(II) the amount of those 
                                apportionments received by all States 
                                for fiscal year 2020.
                    ``(B) Adjustments to amounts.--The initial amounts 
                resulting from the calculation under subparagraph (A) 
                shall be adjusted to ensure that each State receives an 
                aggregate apportionment equal to at least 95 percent of 
                the estimated tax payments attributable to highway 
                users in the State paid into the Highway Trust Fund 
                (other than the Mass Transit Account) in the most 
                recent fiscal year for which data are available.
            ``(2) State apportionment.--On October 1 of fiscal years 
        2023 through 2026, the Secretary shall apportion the sums 
        authorized to be appropriated for expenditure on the covered 
        programs in accordance with paragraph (1).'';
            (3) in subsection (d)(1)(A)--
                    (A) in clause (i) by striking ``paragraphs (5)(D) 
                and (6) of subsection (b)'' and inserting ``subsection 
                (b)(6)''; and
                    (B) in clause (ii) by striking ``paragraphs (5)(D) 
                and (6) of subsection (b)'' and inserting ``subsection 
                (b)(6)''; and
            (4) by striking subsections (h) and (i) and inserting the 
        following:
    ``(h) Supplemental Funds.--
            ``(1) Amount.--Before making an apportionment for a fiscal 
        year under subsection (c), the Secretary shall reserve for the 
        highway safety improvement program under section 148 
        $500,000,000 for each of fiscal years 2023 through 2026 for the 
        purpose of the safe streets set-aside under section 148(m).
            ``(2) Treatment of funds.--Funds reserved under paragraph 
        (1) and apportioned to a State under subsection (c) shall be 
        treated as if apportioned under subsection (b)(3), and shall be 
        in addition to amounts apportioned under such subsection.
    ``(i) Definitions.--In this section:
            ``(1) Base apportionment.--The term `base apportionment' 
        means--
                    ``(A) the combined amount authorized for the 
                covered programs; minus
                    ``(B) the supplemental funds reserved under 
                subsection (h) for the highway safety improvement 
                program.
            ``(2) Covered programs.--The term `covered programs' 
        means--
                    ``(A) the national highway performance program 
                under section 119;
                    ``(B) the surface transportation program under 
                section 133;
                    ``(C) the highway safety improvement program under 
                section 148;
                    ``(D) the congestion mitigation and air quality 
                improvement program under section 149;
                    ``(E) the national highway freight program under 
                section 167;
                    ``(F) metropolitan planning under section 134;
                    ``(G) the railway crossings program under section 
                130;
                    ``(H) the predisaster mitigation program under 
                section 124;
                    ``(I) the carbon pollution reduction program under 
                section 171; and
                    ``(J) the clean corridors program under section 
                151.''.
    (b) Federal Share Payable.--Section 120(c)(3) of title 23, United 
States Code, is amended--
            (1) in subparagraph (A) by striking ``(5)(D),''; and
            (2) in subparagraph (C)(i) by striking ``(5)(D),''.
    (c) Metropolitan Transportation Planning; Title 23.--Section 134(p) 
of title 23, United States Code, is amended by striking ``paragraphs 
(5)(D) and (6) of section 104(b)'' and inserting ``section 104(b)(6)''.
    (d) Statewide and Nonmetropolitan Transportation Planning.--Section 
135(i) of title 23, United States Code, is amended by striking 
``paragraphs (5)(D) and (6) of section 104(b)'' and inserting ``section 
104(b)(6)''.
    (e) Metropolitan Transportation Planning; Title 49.--Section 
5303(p) of title 49, United States Code, is amended by striking 
``section 104(b)(5)'' and inserting ``section 104(b)(6)''.

SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

    Section 105 of title 23, United States Code, is amended--
            (1) in subsection (a) by striking ``FAST Act'' and 
        inserting ``INVEST in America Act'';
            (2) in subsection (c)--
                    (A) in paragraph (1)(A) by striking ``to be 
                appropriated'' each place it appears; and
                    (B) by adding at the end the following:
            ``(4) Special rule.--
                    ``(A) Adjustment.--In making an adjustment under 
                paragraph (1) for an allocation, reservation, or set-
                aside from an amount authorized from the Highway 
                Account or Mass Transit Account described in 
                subparagraph (B), the Secretary shall--
                            ``(i) determine the ratio that--
                                    ``(I) the amount authorized to be 
                                appropriated for the allocation, 
                                reservation, or set-aside from the 
                                account for the fiscal year; bears to
                                    ``(II) the total amount authorized 
                                to be appropriated for such fiscal year 
                                for all programs under such account;
                            ``(ii) multiply the ratio determined under 
                        clause (i) by the amount of the adjustment 
                        determined under subsection (b)(1)(B); and
                            ``(iii) adjust the amount that the 
                        Secretary would have allocated for the 
                        allocation, reservation, or set-aside for such 
                        fiscal year but for this section by the amount 
                        calculated under clause (ii).
                    ``(B) Allocations, reservations, and set-asides.--
                The allocations, reservations, and set-asides described 
                in this subparagraph are--
                            ``(i) from the amount made available for a 
                        fiscal year for the Federal lands 
                        transportation program under section 203, the 
                        amounts allocated for a fiscal year for the 
                        National Park Service, the United States Fish 
                        and Wildlife Service, the United States Forest 
                        Service, the Corps of Engineers, the Bureau of 
                        Land Management, the Bureau of Reclamation, and 
                        independent Federal agencies with natural 
                        resource and land management responsibilities;
                            ``(ii) the amount made available for the 
                        Puerto Rico highway program under section 
                        165(a)(1);
                            ``(iii) the amount made available for the 
                        territorial highway program under section 
                        165(a)(2);
                            ``(iv) from the amounts made available for 
                        a fiscal year for the urbanized areas formula 
                        grants under section 5307 of title 49, the 
                        amounts allocated for a fiscal year for the 
                        passenger ferry grant program under section 
                        5307(h) of such title;
                            ``(v) from the amounts made available for a 
                        fiscal year for the formula grants for rural 
                        areas under section 5311 of such title, the 
                        amounts allocated for a fiscal year for public 
                        transportation on Indian reservations;
                            ``(vi) from the amounts made available for 
                        a fiscal year for the public transportation 
                        innovation program under section 5312 of such 
                        title--
                                    ``(I) the amounts allocated for the 
                                zero emission vehicle component 
                                assessment under section 5312(h) of 
                                such title; and
                                    ``(II) the amounts allocated for 
                                the transit cooperative research 
                                program under section 5312(i) of such 
                                title;
                            ``(vii) from the amounts made available for 
                        a fiscal year for the technical assistance and 
                        workforce development program of section 5314 
                        of such title, the amounts allocated for the 
                        national transit institute under section 
                        5314(c) of such title;
                            ``(viii) from the amounts made available 
                        for a fiscal year for the bus and bus 
                        facilities program under section 5339 of such 
                        title, the amounts allocated for a fiscal year 
                        for the zero emission grants under section 
                        5339(c) of such title;
                            ``(ix) the amounts made available for 
                        growing States under section 5340(c) of such 
                        title; and
                            ``(x) the amounts made available for high 
                        density states under section 5340(d) of such 
                        title.'';
            (3) in subsection (d) by inserting ``and section 5324 of 
        title 49'' after ``section 125'';
            (4) in subsection (e)--
                    (A) by striking ``There is authorized'' and 
                inserting ``For fiscal year 2023 and each fiscal year 
                thereafter, there is authorized''; and
                    (B) by striking ``for any of fiscal years 2017 
                through 2020''; and
            (5) in subsection (f)(1) by striking ``section 1102 or 3018 
        of the FAST Act'' and inserting ``any other provision of law''.

SEC. 1106. TRANSPARENCY.

    (a) Apportionment.--Section 104 of title 23, United States Code, is 
amended by striking subsection (g) and inserting the following:
    ``(g) Highway Trust Fund Transparency and Accountability Reports.--
            ``(1) Requirement.--
                    ``(A) In general.--The Secretary shall compile data 
                in accordance with this subsection on the use of 
                Federal-aid highway funds made available under this 
                title.
                    ``(B) User friendly data.--The data compiled under 
                subparagraph (A) shall be in a user friendly format 
                that can be searched, downloaded, disaggregated, and 
                filtered by data category.
            ``(2) Project data.--
                    ``(A) In general.--Not later than 120 days after 
                the end of each fiscal year, the Secretary shall make 
                available on the website of the Department of 
                Transportation a report that describes--
                            ``(i) the location of each active project 
                        within each State during such fiscal year, 
                        including in which congressional district or 
                        districts such project is located;
                            ``(ii) the total cost of such project;
                            ``(iii) the amount of Federal funding 
                        obligated for such project;
                            ``(iv) the program or programs from which 
                        Federal funds have been obligated for such 
                        project;
                            ``(v) whether such project is located in an 
                        area of the State with a population of--
                                    ``(I) less than 5,000 individuals;
                                    ``(II) 5,000 or more individuals 
                                but less than 50,000 individuals;
                                    ``(III) 50,000 or more individuals 
                                but less than 200,001 individuals; or
                                    ``(IV) greater than 200,000 
                                individuals;
                            ``(vi) whether such project is located in 
                        an area of persistent poverty;
                            ``(vii) the type of improvement being made 
                        by such project, including categorizing such 
                        project as--
                                    ``(I) a road reconstruction 
                                project;
                                    ``(II) a new road construction 
                                project;
                                    ``(III) a new bridge construction 
                                project;
                                    ``(IV) a bridge rehabilitation 
                                project; or
                                    ``(V) a bridge replacement project; 
                                and
                            ``(viii) the functional classification of 
                        the roadway on which such project is located.
                    ``(B) Interactive map.--In addition to the data 
                made available under subparagraph (A), the Secretary 
                shall make available on the website of the Department 
                of Transportation an interactive map that displays, for 
                each active project, the information described in 
                clauses (i) through (v) of subparagraph (A).
            ``(3) State data.--
                    ``(A) Apportioned and allocated programs.--The 
                website described in paragraph (2)(A) shall be updated 
                annually to display the Federal-aid highway funds 
                apportioned and allocated to each State under this 
                title, including--
                            ``(i) the amount of funding available for 
                        obligation by the State, including prior 
                        unobligated balances, at the start of the 
                        fiscal year;
                            ``(ii) the amount of funding obligated by 
                        the State during such fiscal year;
                            ``(iii) the amount of funding remaining 
                        available for obligation by the State at the 
                        end of such fiscal year; and
                            ``(iv) changes in the obligated, unexpended 
                        balance for the State.
                    ``(B) Programmatic data.--The data described in 
                subparagraph (A) shall include--
                            ``(i) the amount of funding by each 
                        apportioned and allocated program for which the 
                        State received funding under this title;
                            ``(ii) the amount of funding transferred 
                        between programs by the State during the fiscal 
                        year using the authority provided under section 
                        126; and
                            ``(iii) the amount and program category of 
                        Federal funds exchanged as described in section 
                        106(g)(6).
            ``(4) Definitions.--In this subsection:
                    ``(A) Active project.--
                            ``(i) In general.--The term `active 
                        project' means a Federal-aid highway project 
                        using funds made available under this title on 
                        which those funds were obligated or expended 
                        during the fiscal year for which the estimated 
                        total cost as of the start of construction is 
                        greater than $5,000,000.
                            ``(ii) Exclusion.--The term `active 
                        project' does not include any project for which 
                        funds are transferred to agencies other than 
                        the Federal Highway Administration.
                    ``(B) Interactive map.--The term `interactive map' 
                means a map displayed on the public website of the 
                Department of Transportation that allows a user to 
                select and view information for each active project, 
                State, and congressional district.
                    ``(C) State.--The term `State' means any of the 50 
                States or the District of Columbia.''.
    (b) Project Approval and Oversight.--Section 106 of title 23, 
United States Code, is amended--
            (1) in subsection (g)--
                    (A) in paragraph (4) by striking subparagraph (B) 
                and inserting the following:
                    ``(B) Assistance to states.--The Secretary shall--
                            ``(i) develop criteria for States to use to 
                        make the determination required under 
                        subparagraph (A); and
                            ``(ii) provide training, guidance, and 
                        other assistance to States and subrecipients as 
                        needed to ensure that projects administered by 
                        subrecipients comply with the requirements of 
                        this title.
                    ``(C) Periodic review.--The Secretary shall review, 
                not less frequently than every 2 years, the monitoring 
                of subrecipients by the States.''; and
                    (B) by adding at the end the following:
            ``(6) Federal funding exchange programs.--
                    ``(A) In general.--If a State allows a subrecipient 
                to exchange Federal funds provided under this title 
                that are allocated to such subrecipient for State or 
                local funds, the State must certify to the Secretary 
                that the State--
                            ``(i) has prevailing wage requirements that 
                        are comparable to the requirements under 
                        section 113 that apply to the use of such State 
                        or local funds; and
                            ``(ii) shall ensure that the prevailing 
                        wage requirements described in clause (i) apply 
                        to the use of such State or local funds.
                    ``(B) Applicability.--The requirements of this 
                paragraph shall apply only if the requirements of 
                section 113 would be applicable to a covered project if 
                such project was carried out using Federal funds.
                    ``(C) Covered project defined.--In this paragraph, 
                the term `covered project' means a project carried out 
                with exchanged State or local funds as described in 
                subparagraph (A).'';
            (2) in subsection (h)(3)--
                    (A) in subparagraph (B) by striking ``, as 
                determined by the Secretary,''; and
                    (B) in subparagraph (D) by striking ``shall 
                assess'' and inserting ``in the case of a project 
                proposed to be advanced as a public-private 
                partnership, shall include a detailed value for money 
                analysis or comparable analysis to determine''; and
            (3) by adding at the end the following:
    ``(k) Megaprojects.--
            ``(1) Comprehensive risk management plan.--To be authorized 
        for the construction of a megaproject, the recipient of Federal 
        financial assistance under this title for such megaproject 
        shall submit to the Secretary a comprehensive risk management 
        plan that contains--
                    ``(A) a description of the process by which the 
                recipient will identify, quantify, and monitor the 
                risks, including natural hazards, that might result in 
                cost overruns, project delays, reduced construction 
                quality, or reductions in benefits with respect to the 
                megaproject;
                    ``(B) examples of mechanisms the recipient will use 
                to track risks identified pursuant to subparagraph (A);
                    ``(C) a plan to control such risks; and
                    ``(D) such assurances as the Secretary determines 
                appropriate that the recipient shall, with respect to 
                the megaproject--
                            ``(i) regularly submit to the Secretary 
                        updated cost estimates; and
                            ``(ii) maintain and regularly reassess 
                        financial reserves for addressing known and 
                        unknown risks.
            ``(2) Peer review group.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which a megaproject is authorized for 
                construction, the recipient of Federal financial 
                assistance under this title for such megaproject shall 
                establish a peer review group for such megaproject that 
                consists of at least 5 individuals (including at least 
                1 individual with project management experience) to 
                give expert advice on the scientific, technical, and 
                project management aspects of the megaproject.
                    ``(B) Membership.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of this subsection, 
                        the Secretary shall establish guidelines 
                        describing how a recipient described in 
                        subparagraph (A) shall--
                                    ``(I) recruit and select members 
                                for a peer review group established 
                                under such subparagraph; and
                                    ``(II) make publicly available the 
                                criteria for such selection and 
                                identify the members so selected.
                            ``(ii) Conflict of interest.--No member of 
                        a peer review group for a megaproject may have 
                        a direct or indirect financial interest in such 
                        megaproject.
                    ``(C) Tasks.--A peer review group established under 
                subparagraph (A) by a recipient of Federal financial 
                assistance for a megaproject shall--
                            ``(i) meet annually until completion of the 
                        megaproject;
                            ``(ii) not later than 90 days after the 
                        date of the establishment of the peer review 
                        group and not later than 90 days after the date 
                        of any significant change, as determined by the 
                        Secretary, to the scope, schedule, or budget of 
                        the megaproject, review the scope, schedule, 
                        and budget of the megaproject, including 
                        planning, engineering, financing, and any other 
                        elements determined appropriate by the 
                        Secretary; and
                            ``(iii) submit to the Secretary, Congress, 
                        and such recipient a report on the findings of 
                        each review under clause (ii).
            ``(3) Transparency.--Not later than 90 days after the 
        submission of a report under paragraph (2)(C)(iii), the 
        Secretary shall publish on the website of the Department of 
        Transportation such report.
            ``(4) Megaproject defined.--In this subsection, the term 
        `megaproject' means a project under this title that has an 
        estimated total cost of $2,000,000,000 or more, and such other 
        projects as may be identified by the Secretary.
    ``(l) Special Experimental Projects.--
            ``(1) Public availability.--The Secretary shall publish on 
        the website of the Department of Transportation a copy of all 
        letters of interest, proposals, workplans, and reports related 
        to the special experimental project authority pursuant to 
        section 502(b). The Secretary shall redact confidential 
        business information, as necessary, from any such information 
        published.
            ``(2) Notification.--Not later than 3 days before making a 
        determination to proceed with an experiment under a letter of 
        interest described in paragraph (1), the Secretary shall 
        provide notification and a description of the proposed 
        experiment to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate.
            ``(3) Report to congress.--Not later than 2 years after the 
        date of enactment of the INVEST in America Act, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report that includes--
                    ``(A) a summary of each experiment described in 
                this subsection carried out over the previous 5 years; 
                and
                    ``(B) legislative recommendations, if any, based on 
                the findings of such experiments.
    ``(m) Competitive Grant Program Oversight and Accountability.--
            ``(1) In general.--To ensure the accountability and 
        oversight of the discretionary grant selection process 
        administered by the Secretary, a covered program shall be 
        subject to the requirements of this section, in addition to the 
        requirements applicable to each covered program.
            ``(2) Application process.--The Secretary shall--
                    ``(A) develop a template for applicants to use to 
                summarize--
                            ``(i) project needs and benefits; and
                            ``(ii) any factors, requirements, or 
                        considerations established for the applicable 
                        covered program;
                    ``(B) create a data driven process to evaluate, as 
                set forth in the covered program, each eligible project 
                for which an application is received; and
                    ``(C) make a determination, based on the evaluation 
                made pursuant to subparagraph (B), on any ratings, 
                rankings, scores, or similar metrics for applications 
                made to the covered program.
            ``(3) Notification of congress.--Not less than 15 days 
        before making a grant for a covered program, the Secretary 
        shall notify, in writing, the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on the Environment and Public Works of the Senate 
        of--
                    ``(A) the amount for each project proposed to be 
                selected;
                    ``(B) a description of the review process;
                    ``(C) for each application, the determination made 
                under paragraph (2)(C); and
                    ``(D) a detailed explanation of the basis for each 
                award proposed to be selected.
            ``(4) Notification of applicants.--Not later than 30 days 
        after making a grant for a project under a covered program, the 
        Secretary shall send to all applicants under such covered 
        program, and publish on the website of the Department of 
        Transportation--
                    ``(A) a summary of each application made to the 
                covered program for the given round of funding; and
                    ``(B) the evaluation and justification for the 
                project selection, including all ratings, rankings, 
                scores, or similar metrics for applications made to the 
                covered program for the given round of funding during 
                each phase of the grant selection process.
            ``(5) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant of a covered program, the 
        opportunity to receive a briefing to explain any reasons the 
        grant applicant was not awarded a grant.
            ``(6) Template.--The Secretary shall, to the extent 
        practicable, develop a template as described in paragraph 
        (2)(A) for any discretionary program administered by the 
        Secretary that is not a covered program.
            ``(7) Covered program defined.--The term `covered program' 
        means each of the following discretionary grant programs:
                    ``(A) Community climate innovation grants under 
                section 172.
                    ``(B) Federal lands and tribal major projects 
                grants under section 208.
                    ``(C) Mobility through advanced technologies grants 
                under section 503(c)(4).
                    ``(D) Rebuild rural bridges program under section 
                1307 of the INVEST in America Act.
                    ``(E) Parking for commercial motor vehicle grants 
                under section 1308 of the INVEST in America Act.
                    ``(F) Active connected transportation grants under 
                section 1309 of the INVEST in America Act.
                    ``(G) Wildlife crossings grants under section 1310 
                of the INVEST in America Act.
                    ``(H) Reconnecting neighborhoods capital 
                construction grants under section 1311(d) of the INVEST 
                in America Act.''.
    (c) Division Office Consistency.--Not later than 1 year after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report that--
            (1) analyzes the consistency of determinations among 
        division offices of the Federal Highway Administration; and
            (2) makes recommendations to improve the consistency of 
        such determinations.
    (d) Improving Risk Based Stewardship and Oversight.--Not later than 
180 days after the date of enactment of this Act, the Administrator of 
the Federal Highway Administration shall reference U.S. DOT Office of 
Inspector General Report No. ST2020035 and take the following actions, 
as necessary, to improve the risk based stewardship and oversight of 
the Federal Highway Administration:
            (1) Update and implement Federal Highway Administration 
        guidance for risk-based project involvement to clarify the 
        requirements for its project risk-assessment process, including 
        expectations for conducting and documenting the risk assessment 
        and criteria to guide the reevaluation of project risks.
            (2) Identify and notify division offices of the Federal 
        Highway Administration about sources of information that can 
        inform the project risk-assessment process.
            (3) Update and implement Federal Highway Administration 
        guidance for risk-based project involvement to clarify how the 
        link between elevated risks and associated oversight 
        activities, changes to oversight actions, and the results of 
        its risk-based involvement should be documented in project 
        oversight plans.
            (4) Develop and implement a process to routinely monitor 
        the implementation and evaluate the effectiveness of Federal 
        Highway Administration risk-based project involvement.

SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET DESIGN.

    (a) Standards.--Section 109 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``planned future 
                traffic of the highway in a manner that is conducive 
                to'' and inserting ``future operational performance of 
                the facility in a manner that enhances''; and
                    (B) in paragraph (2) by inserting ``, taking into 
                consideration context sensitive design principles'' 
                after ``each locality'';
            (2) in subsection (b)--
                    (A) by striking ``The geometric'' and inserting 
                ``Design Criteria for the Interstate System.--The 
                geometric''; and
                    (B) by striking ``the types and volumes of traffic 
                anticipated for such project for the twenty-year period 
                commencing on the date of approval by the Secretary, 
                under section 106 of this title, of the plans, 
                specifications, and estimates for actual construction 
                of such project'' and inserting ``the existing and 
                future operational performance of the facility'';
            (3) in subsection (c)(1)--
                    (A) in subparagraph (C) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (D) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) context sensitive design principles.'';
            (4) by striking subsection (o) and inserting the following:
    ``(o) Compliance With State Laws for Non-NHS Projects.--
            ``(1) In general.--Projects (other than highway projects on 
        the National Highway System) shall--
                    ``(A) be designed, constructed, operated, and 
                maintained in accordance with State laws, regulations, 
                directives, safety standards, design standards, and 
                construction standards; and
                    ``(B) take into consideration context sensitive 
                design principles.
            ``(2) Design flexibility.--
                    ``(A) In general.--
                            ``(i) In general.--A local jurisdiction may 
                        select the most appropriate design publication 
                        for the roadway context in which the local 
                        jurisdiction is located for the design of a 
                        project on a roadway (other than a highway on 
                        the National Highway System) if--
                                    ``(I) the local jurisdiction 
                                provides notification and justification 
                                of the use of such design publication 
                                to any State in which the project is 
                                located; and
                                    ``(II) the design complies with all 
                                other applicable Federal and State 
                                laws.
                            ``(ii) Review.--If a State rejects a local 
                        jurisdiction's selection of a design 
                        publication under this subparagraph, the local 
                        jurisdiction may submit notification and 
                        justification of such use to the Secretary. The 
                        Secretary shall make a determination to approve 
                        or deny such submission not later than 90 days 
                        after receiving such submission.
                    ``(B) State-owned roads.--In the case of a roadway 
                under the ownership of the State, the local 
                jurisdiction may select the most appropriate design 
                publication only with the concurrence of the State.
                    ``(C) Programmatic basis.--The Secretary may 
                consider the use of a design publication under this 
                paragraph on a programmatic basis.''; and
            (5) by adding at the end the following:
    ``(s) Context Sensitive Design.--
            ``(1) Context sensitive design principles.--The Secretary 
        shall consult with State and local officials prior to approving 
        any roadway design publications under this section to ensure 
        that the design publications provide adequate flexibility for a 
        project sponsor to select the appropriate design of a roadway, 
        consistent with context sensitive design principles.
            ``(2) Policies or procedures.--
                    ``(A) In general.--Not later than 1 year after the 
                Secretary publishes the final guidance described in 
                paragraph (3), each State shall adopt policies or 
                procedures to evaluate the context of a proposed 
                roadway and select the appropriate design, consistent 
                with context sensitive design principles.
                    ``(B) Local governments.--The Secretary and States 
                shall encourage local governments to adopt policies or 
                procedures described under subparagraph (A).
                    ``(C) Considerations.--The policies or procedures 
                developed under this paragraph shall take into 
                consideration the guidance developed by the Secretary 
                under paragraph (3).
            ``(3) Guidance.--
                    ``(A) In general.--
                            ``(i) Notice.--Not later than 1 year after 
                        the date of enactment of this subsection, the 
                        Secretary shall publish guidance on the 
                        official website of the Department of 
                        Transportation on context sensitive design.
                            ``(ii) Public review and comment.--The 
                        guidance described in this paragraph shall be 
                        finalized following an opportunity for public 
                        review and comment.
                            ``(iii) Update.--The Secretary shall 
                        periodically update the guidance described in 
                        this paragraph, including the model policies or 
                        procedures described under subparagraph (B)(v).
                    ``(B) Contents.--The guidance described in this 
                paragraph shall--
                            ``(i) provide best practices for States, 
                        metropolitan planning organizations, regional 
                        transportation planning organizations, local 
                        governments, or other project sponsors to 
                        implement context sensitive design principles;
                            ``(ii) identify opportunities to modify 
                        planning, scoping, design, and development 
                        procedures to more effectively combine modes of 
                        transportation into integrated facilities that 
                        meet the needs of each of such modes of 
                        transportation in an appropriate balance;
                            ``(iii) identify metrics to assess the 
                        context of the facility, including surrounding 
                        land use or roadside characteristics;
                            ``(iv) assess the expected operational and 
                        safety performance of facility design; and
                            ``(v) establish model policies or 
                        procedures, consistent with the findings of 
                        such guidance, for a State or other project 
                        sponsor to evaluate the context of a proposed 
                        facility and select the appropriate facility 
                        design for the context.
                    ``(C) Topics of emphasis.--In addition to the 
                contents in subparagraph (B), the guidance shall 
                emphasize--
                            ``(i) procedures for identifying the needs 
                        of users of all ages and abilities of a 
                        particular roadway;
                            ``(ii) procedures for identifying the types 
                        and designs of facilities needed to serve 
                        various modes of transportation;
                            ``(iii) safety and other benefits provided 
                        by carrying out context sensitive design 
                        principles;
                            ``(iv) common barriers to carrying out 
                        context sensitive design principles;
                            ``(v) procedures for overcoming the most 
                        common barriers to carrying out context 
                        sensitive design principles;
                            ``(vi) procedures for identifying the costs 
                        associated with carrying out context sensitive 
                        design principles;
                            ``(vii) procedures for maximizing local 
                        cooperation in the introduction of context 
                        sensitive design principles and carrying out 
                        those principles; and
                            ``(viii) procedures for assessing and 
                        modifying the facilities and operational 
                        characteristics of existing roadways to improve 
                        consistency with context sensitive design 
                        principles.
            ``(4) Funding.--Amounts made available under sections 
        104(b)(6) and 505 of this title may be used for States, local 
        governments, metropolitan planning organizations, or regional 
        transportation planning organizations to adopt policies or 
        procedures to evaluate the context of a proposed roadway and 
        select the appropriate design, consistent with context 
        sensitive design principles.''.
    (b) Conforming Amendment.--Section 1404(b) of the FAST Act (23 
U.S.C. 109 note) is repealed.

SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL SHARE.

    (a) In General.--Section 120(c)(3)(B) of title 23, United States 
Code, is amended--
            (1) by striking clauses (i) and (ii) and inserting the 
        following:
                            ``(i) prefabricated bridge elements and 
                        systems, innovative materials, and other 
                        technologies to reduce bridge construction 
                        time, extend service life, and reduce 
                        preservation costs, as compared to 
                        conventionally designed and constructed 
                        bridges;
                            ``(ii) innovative construction equipment, 
                        materials, techniques, or practices, including 
                        the use of in-place recycling technology, 
                        digital 3-dimensional modeling technologies, 
                        and advanced digital construction management 
                        systems;'';
            (2) by redesignating clause (vi) as clause (ix);
            (3) in clause (v) by striking ``or'' at the end; and
            (4) by inserting after clause (v) the following:
                            ``(vi) innovative pavement materials that 
                        demonstrate reductions in--
                                    ``(I) greenhouse gas emissions 
                                through sequestration or innovative 
                                manufacturing processes; or
                                    ``(II) local air pollution, 
                                stormwater runoff, or noise pollution;
                            ``(vii) innovative culvert materials that 
                        are made with recycled content and demonstrate 
                        reductions in greenhouse gas emissions;
                            ``(viii) contractual provisions that 
                        provide safety contingency funds to incorporate 
                        safety enhancements to work zones prior to or 
                        during roadway construction and maintenance 
                        activities; or''.
    (b) Technical Amendment.--Section 107(a)(2) of title 23, United 
States Code, is amended by striking ``subsection (c) of''.

SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

    Section 126(b) of title 23, United States Code, is amended--
            (1) in the heading by inserting ``and Programs'' after 
        ``Set-Asides'';
            (2) in paragraph (1) by striking ``and 133(d)(1)(A)'' and 
        inserting ``, 130, 133(d)(1)(A), 133(h), 148(m), 149, 151(f), 
        and 171''; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) Environmental programs.--With respect to an 
        apportionment under either paragraph (4) or paragraph (9) of 
        section 104(b), and notwithstanding paragraph (1), a State may 
        only transfer not more than 50 percent from the amount of the 
        apportionment of either such paragraph to the apportionment 
        under the other such paragraph in a fiscal year.''.

SEC. 1110. TOLLING.

    (a) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129 of 
title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--
                    ``(A) Authorization.--Subject to the provisions of 
                this section, Federal participation shall be permitted 
                on the same basis and in the same manner as 
                construction of toll-free highways is permitted under 
                this chapter in the--
                            ``(i) initial construction of a toll 
                        highway, bridge, or tunnel or approach to the 
                        highway, bridge, or tunnel;
                            ``(ii) initial construction of 1 or more 
                        lanes or other improvements that increase 
                        capacity of a highway, bridge, or tunnel (other 
                        than a highway on the Interstate System) and 
                        conversion of that highway, bridge, or tunnel 
                        to a tolled facility, if the number of toll-
                        free lanes, excluding auxiliary lanes, after 
                        the construction is not less than the number of 
                        toll-free lanes, excluding auxiliary lanes, 
                        before the construction;
                            ``(iii) initial construction of 1 or more 
                        lanes or other improvements that increase the 
                        capacity of a highway, bridge, or tunnel on the 
                        Interstate System and conversion of that 
                        highway, bridge, or tunnel to a tolled 
                        facility, if the number of toll-free non-HOV 
                        lanes, excluding auxiliary lanes, after such 
                        construction is not less than the number of 
                        toll-free non-HOV lanes, excluding auxiliary 
                        lanes, before such construction;
                            ``(iv) reconstruction, resurfacing, 
                        restoration, rehabilitation, or replacement of 
                        a toll highway, bridge, or tunnel or approach 
                        to the highway, bridge, or tunnel;
                            ``(v) reconstruction or replacement of a 
                        toll-free bridge or tunnel and conversion of 
                        the bridge or tunnel to a toll facility;
                            ``(vi) reconstruction of a toll-free 
                        Federal-aid highway (other than a highway on 
                        the Interstate System) and conversion of the 
                        highway to a toll facility;
                            ``(vii) reconstruction, restoration, or 
                        rehabilitation of a highway on the Interstate 
                        System if the number of toll-free non-HOV 
                        lanes, excluding auxiliary lanes, after 
                        reconstruction, restoration, or rehabilitation 
                        is not less than the number of toll-free non-
                        HOV lanes, excluding auxiliary lanes, before 
                        reconstruction, restoration, or rehabilitation;
                            ``(viii) conversion of a high occupancy 
                        vehicle lane on a highway, bridge, or tunnel to 
                        a toll facility, subject to the requirements of 
                        section 166; and
                            ``(ix) preliminary studies to determine the 
                        feasibility of a toll facility for which 
                        Federal participation is authorized under this 
                        paragraph.
                    ``(B) Agreement to toll.--
                            ``(i) In general.--Before the Secretary may 
                        authorize tolling under this subsection, the 
                        public authority with jurisdiction over a 
                        highway, bridge, or tunnel shall enter into an 
                        agreement with the Secretary to ensure 
                        compliance with the requirements of this 
                        subsection.
                            ``(ii) Applicability.--
                                    ``(I) In general.--The requirements 
                                of this subparagraph shall apply to--
                                            ``(aa) Federal 
                                        participation under 
                                        subparagraph (A);
                                            ``(bb) any prior Federal 
                                        participation in the facility 
                                        proposed to be tolled; and
                                            ``(cc) conversion, with or 
                                        without Federal participation, 
                                        of a non-tolled lane on the 
                                        National Highway System to a 
                                        toll facility under 
                                        subparagraph (E).
                                    ``(II) HOV facility.--Except as 
                                otherwise provided in this subsection 
                                or section 166, the provisions of this 
                                paragraph shall not apply to a high 
                                occupancy vehicle facility.
                            ``(iii) Major federal action.--Approval by 
                        the Secretary of an agreement to toll under 
                        this paragraph shall be considered a major 
                        Federal action under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    ``(C) Agreement conditions.--Prior to entering into 
                an agreement to toll under subparagraph (B), the public 
                authority shall certify to the Secretary that--
                            ``(i) the public authority has established 
                        procedures to ensure the toll meets the 
                        purposes and requirements of this subsection;
                            ``(ii) the facility shall provide for 
                        access at no cost to public transportation 
                        vehicles and over-the-road buses serving the 
                        public; and
                            ``(iii) the facility shall provide for the 
                        regional interoperability of electronic toll 
                        collection, including through technologies or 
                        business practices.
                    ``(D) Consideration of impacts.--
                            ``(i) In general.--Prior to entering into 
                        an agreement to toll under subparagraph (B), 
                        the Secretary shall ensure the public authority 
                        has adequately considered, including by 
                        providing an opportunity for public comment, 
                        the following factors within the corridor:
                                    ``(I) Congestion impacts on both 
                                the toll facility and in the corridor 
                                or cordon (including adjacent toll-free 
                                facilities).
                                    ``(II) In the case of a non-
                                attainment or maintenance area, air 
                                quality impacts.
                                    ``(III) Planned investments to 
                                improve public transportation or other 
                                non-tolled alternatives in the 
                                corridor.
                                    ``(IV) Environmental justice and 
                                equity impacts.
                                    ``(V) Impacts on freight movement.
                                    ``(VI) Economic impacts on 
                                businesses.
                            ``(ii) Consideration in environmental 
                        review.--Nothing in this subparagraph shall 
                        limit a public authority from meeting the 
                        requirements of this subparagraph through the 
                        environmental review process, as applicable.
                    ``(E) Congestion pricing.--
                            ``(i) In general.--The Secretary may 
                        authorize conversion of a non-tolled lane on 
                        the National Highway System to a toll facility 
                        to utilize pricing to manage the demand to use 
                        the facility by varying the toll amount that is 
                        charged.
                            ``(ii) Requirement.--Prior to entering into 
                        an agreement to convert a non-tolled lane on 
                        the National Highway System to a toll facility, 
                        the Secretary shall ensure (in addition to the 
                        requirements under subparagraphs (B), (C), and 
                        (D)) that such toll facility and the planned 
                        investments to improve public transportation or 
                        other non-tolled alternatives in the corridor 
                        are reasonably expected to improve the 
                        operation of the cordon or corridor, as 
                        described in clauses (iii) and (iv).
                            ``(iii) Performance monitoring.--A public 
                        authority that enters into an agreement to 
                        convert a non-tolled lane to a toll facility 
                        under this subparagraph shall--
                                    ``(I) establish, monitor, and 
                                support a performance monitoring, 
                                evaluation, and reporting program--
                                            ``(aa) for the toll 
                                        facility that provides for 
                                        continuous monitoring, 
                                        assessment, and reporting on 
                                        the impacts that the pricing 
                                        structure may have on the 
                                        operation of the facility; and
                                            ``(bb) for the corridor or 
                                        cordon that provides for 
                                        continuous monitoring, 
                                        assessment, and reporting on 
                                        the impacts of congestion 
                                        pricing on the operation of the 
                                        corridor or cordon;
                                    ``(II) submit to the Secretary 
                                annual reports of the impacts described 
                                in subclause (I); and
                                    ``(III) if the facility or the 
                                corridor or cordon becomes degraded, as 
                                described in clause (iv), submit to the 
                                Secretary an annual update that 
                                describes the actions proposed to bring 
                                the toll facility into compliance and 
                                the progress made on such actions.
                            ``(iv) Determination.--
                                    ``(I) Degraded operation.--For 
                                purposes of clause (iii)(III), the 
                                operation of a toll facility shall be 
                                considered to be degraded if vehicles 
                                operating on the facility are failing 
                                to maintain a minimum average operating 
                                speed 90 percent of the time over a 
                                consecutive 180-day period during peak 
                                hour periods.
                                    ``(II) Degraded corridor or 
                                cordon.--For the purposes of clause 
                                (iii)(III), a corridor or cordon shall 
                                be considered to be degraded if 
                                congestion pricing or investments to 
                                improve public transportation or other 
                                non-tolled alternatives have not 
                                resulted in--
                                            ``(aa) an increase in 
                                        person or freight throughput in 
                                        the corridor or cordon; or
                                            ``(bb) a reduction in 
                                        person hours of delay in the 
                                        corridor or cordon, as 
                                        determined by the Secretary.
                                    ``(III) Definition of minimum 
                                average operating speed.--In this 
                                subparagraph, the term `minimum average 
                                operating speed' means--
                                            ``(aa) 35 miles per hour, 
                                        in the case of a toll facility 
                                        with a speed limit of 45 miles 
                                        per hour or greater; and
                                            ``(bb) not more than 10 
                                        miles per hour below the speed 
                                        limit, in the case of a toll 
                                        facility with a speed limit of 
                                        less than 50 miles per hour.
                            ``(v) Maintenance of operating 
                        performance.--
                                    ``(I) In general.--Not later than 
                                180 days after the date on which a 
                                facility or a corridor or cordon 
                                becomes degraded under clause (iv), the 
                                public authority with jurisdiction over 
                                the facility shall submit to the 
                                Secretary for approval a plan that 
                                details the actions the public 
                                authority will take to make significant 
                                progress toward bringing the facility 
                                or corridor or cordon into compliance 
                                with this subparagraph.
                                    ``(II) Notice of approval or 
                                disapproval.--Not later than 60 days 
                                after the date of receipt of a plan 
                                under subclause (I), the Secretary 
                                shall provide to the public authority a 
                                written notice indicating whether the 
                                Secretary has approved or disapproved 
                                the plan based on a determination of 
                                whether the implementation of the plan 
                                will make significant progress toward 
                                bringing the facility or corridor or 
                                cordon into compliance with this 
                                subparagraph.
                                    ``(III) Update.--Until the date on 
                                which the Secretary determines that the 
                                public authority has brought the 
                                facility or corridor or cordon into 
                                compliance with this subparagraph, the 
                                public authority shall submit annual 
                                updates that describe--
                                            ``(aa) the actions taken to 
                                        bring the facility into 
                                        compliance;
                                            ``(bb) the actions taken to 
                                        bring the corridor or cordon 
                                        into compliance; and
                                            ``(cc) the progress made by 
                                        those actions.
                                    ``(IV) Compliance.--If a public 
                                authority fails to bring a facility 
                                into compliance under this 
                                subparagraph, the Secretary may subject 
                                the public authority to appropriate 
                                program sanctions under section 1.36 of 
                                title 23, Code of Federal Regulations 
                                (or successor regulations), until the 
                                performance is no longer degraded.
                            ``(vi) Consultation of mpo.--If a toll 
                        facility authorized under this subparagraph is 
                        located on the National Highway System and in a 
                        metropolitan planning area established in 
                        accordance with section 134, the public 
                        authority shall consult with the metropolitan 
                        planning organization for the area.
                            ``(vii) Inclusion.--For the purposes of 
                        this paragraph, the corridor or cordon shall 
                        include toll-free facilities that are adjacent 
                        to the toll facility.'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) in clause (iv) by striking 
                                ``and'' at the end; and
                                    (II) by striking clause (v) and 
                                inserting the following:
                            ``(v) any project eligible under this title 
                        or chapter 53 of title 49 that improves the 
                        operation of the corridor or cordon by 
                        increasing person or freight throughput and 
                        reducing person hours of delay;
                            ``(vi) toll discounts or rebates for users 
                        of the toll facility that have no reasonable 
                        alternative transportation method to the toll 
                        facility; and
                            ``(vii) if the public authority certifies 
                        annually that the tolled facility is being 
                        adequately maintained and the cordon or 
                        corridor is not degraded under paragraph 
                        (1)(E), any revenues remaining after funding 
                        the activities described in clauses (i) through 
                        (vi) shall be considered surplus revenue and 
                        may be used for any other purpose for which 
                        Federal funds may be obligated by a State under 
                        this title or chapter 53 of title 49.'';
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Transparency.--
                            ``(i) Annual audit.--
                                    ``(I) In general.--A public 
                                authority with jurisdiction over a toll 
                                facility shall conduct or have an 
                                independent auditor conduct an annual 
                                audit of toll facility records to 
                                verify adequate maintenance and 
                                compliance with subparagraph (A), and 
                                report the results of the audits to the 
                                Secretary.
                                    ``(II) Records.--On reasonable 
                                notice, the public authority shall make 
                                all records of the public authority 
                                pertaining to the toll facility 
                                available for audit by the Secretary.
                            ``(ii) Use of revenues.--A State or public 
                        authority that obligates amounts under clauses 
                        (v), (vi), or (vii) of subparagraph (A) shall 
                        annually report to the Secretary a list of 
                        activities funded with such amounts and the 
                        amount of funding provided for each such 
                        activity.'';
                    (C) in paragraph (8) by striking ``as of the date 
                of enactment of the MAP-21, before commencing any 
                activity authorized'' and inserting ``, before 
                commencing any activity authorized'';
                    (D) in paragraph (9)--
                            (i) by striking ``bus'' and inserting 
                        ``vehicle''; and
                            (ii) by striking ``buses'' and inserting 
                        ``vehicles''; and
                    (E) by striking paragraph (10) and inserting the 
                following:
            ``(10) Interoperability of electronic toll collection.--
                    ``(A) In general.--All toll facilities on Federal-
                aid highways shall provide for the regional 
                interoperability of electronic toll collection, 
                including through technologies or business practices.
                    ``(B) Prohibition on restriction.--No State, or any 
                political subdivision thereof, shall restrict the 
                information that is shared across public and private 
                toll facility operators or their agents or contractors 
                for purposes of facilitating, operating, or maintaining 
                electronic toll collection programs.
            ``(11) Noncompliance.--If the Secretary concludes that a 
        public authority has not complied with the requirements of this 
        subsection, the Secretary may require the public authority to 
        discontinue collecting tolls until the public authority and the 
        Secretary enter into an agreement for the public authority to 
        achieve compliance with such requirements.
            ``(12) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Federal participation.--The term `Federal 
                participation' means the use of funds made available 
                under this title.
                    ``(B) High occupancy vehicle; hov.--The term `high 
                occupancy vehicle' or `HOV' means a vehicle with not 
                fewer than 2 occupants.
                    ``(C) Initial construction.--
                            ``(i) In general.--The term `initial 
                        construction' means the construction of a 
                        highway, bridge, tunnel, or other facility at 
                        any time before it is open to traffic.
                            ``(ii) Exclusions.--The term `initial 
                        construction' does not include any improvement 
                        to a highway, bridge, tunnel, or other facility 
                        after it is open to traffic.
                    ``(D) Over-the-road bus.--The term `over-the-road 
                bus' has the meaning given the term in section 301 of 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12181).
                    ``(E) Public authority.--The term `public 
                authority' means a State, interstate compact of States, 
                or public entity designated by a State.
                    ``(F) Public transportation vehicle.--The term 
                `public transportation vehicle' has the meaning given 
                that term in section 166.
                    ``(G) Toll facility.--The term `toll facility' 
                means a toll highway, bridge, or tunnel or approach to 
                the highway, bridge, or tunnel constructed or 
                authorized to be tolled under this subsection.''.
    (b) Repeal of Interstate System Reconstruction and Rehabilitation 
Pilot Program.--Section 1216 of the Transportation Equity Act for the 
21st Century (23 U.S.C. 129 note), and the item related to such section 
in the table of contents in section 1(b) of such Act, are repealed.
    (c) Value Pricing Pilot Program.--Section 1012(b) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note) is 
amended by adding at the end the following:
            ``(9) Sunset.--The Secretary may not consider an expression 
        of interest submitted under this section after the date of 
        enactment of this paragraph.''.
    (d) Savings Clause.--
            (1) Application of limitations.--Any toll facility 
        described in paragraph (2) shall be subject to the requirements 
        of section 129(a)(3) of title 23, United States Code, as in 
        effect on the day before the date of enactment of this Act.
            (2) Toll facilities.--A toll facility described in this 
        paragraph is a facility that, on the day prior to the date of 
        enactment of this Act, was--
                    (A) operating;
                    (B) in the planning and design phase; or
                    (C) in the construction phase.
    (e) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Transportation shall submit to Congress a 
report on the implementation of the interoperability of toll collection 
as required under section 1512(b) of MAP-21, including an assessment of 
the progress in, and barriers on, such implementation.

SEC. 1111. HOV FACILITIES.

    Section 166 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4)(C)(iii) by striking 
                ``transportation buses'' and inserting ``transportation 
                vehicles'';
                    (B) in paragraph (5)(B) by striking ``2019'' and 
                inserting ``2025''; and
                    (C) by adding at the end the following:
            ``(6) Emergency vehicles.--The public authority may allow 
        the following vehicles to use the HOV facility if the authority 
        establishes requirements for clearly identifying the vehicles:
                    ``(A) An emergency vehicle that is responding to an 
                existing emergency.
                    ``(B) A blood transport vehicle that is 
                transporting blood between collection points and 
                hospitals or storage centers.''.
            (2) in subsection (d)(2)(A)(i) by striking ``45 miles per 
        hour, in the case of a HOV facility with a speed limit of 50 
        miles per hour or greater'' and inserting ``35 miles per hour, 
        in the case of a HOV facility with a speed limit of 45 miles 
        per hour or greater'';
            (3) in subsection (d)(2)(B) by striking ``morning or 
        evening weekday peak hour periods (or both)'' and inserting 
        ``peak hour periods'';
            (4) in subsection (e)--
                    (A) by striking ``Not later than 180 days after the 
                date of enactment of this section, the Administrator'' 
                and inserting ``The Administrator'';
                    (B) in paragraph (1) by striking ``and'' at the 
                end;
                    (C) in paragraph (2) by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) not later than 180 days after the date of enactment 
        of the INVEST in America Act, update the requirements 
        established under paragraph (1).''; and
            (5) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraphs (C), (D), and 
                        (F); and
                            (ii) by redesignating subparagraphs (E), 
                        (G), (H), and (I) as subparagraphs (C), (D), 
                        (E), and (F), respectively; and
                    (B) in paragraph (6)(B)(i) by striking ``public 
                entity'' and inserting ``public transportation service 
                that is a recipient or subrecipient of funds under 
                chapter 53 of title 49''.

SEC. 1112. BUY AMERICA.

    (a) In General.--Section 313 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``Notwithstanding'' and inserting 
                ``In General.--Notwithstanding'';
                    (B) by striking ``Secretary of Transportation'' and 
                inserting ``Secretary'';
                    (C) by striking ``the Surface Transportation 
                Assistance Act of 1982 (96 Stat. 2097) or''; and
                    (D) by striking ``and manufactured products'' and 
                inserting ``manufactured products, and construction 
                materials'';
            (2) in subsection (b) by inserting ``Determination.--'' 
        before ``The provisions'';
            (3) in subsection (c) by striking ``For purposes'' and 
        inserting ``Calculation.--For purposes'';
            (4) in subsection (d)--
                    (A) by striking ``The Secretary of Transportation'' 
                and inserting ``Requirements.--The Secretary''; and
                    (B) by striking ``the Surface Transportation 
                Assistance Act of 1982 (96 Stat. 2097) or''; and
            (5) by adding at the end the following:
    ``(h) Waiver Procedure.--
            ``(1) In general.--Not later than 120 days after the 
        submission of a request for a waiver, the Secretary shall make 
        a determination under paragraph (1) or (2) of subsection (b) as 
        to whether subsection (a) shall apply.
            ``(2) Public notification and comment.--
                    ``(A) In general.--Not later than 30 days before 
                making a determination regarding a waiver described in 
                paragraph (1), the Secretary shall provide notification 
                and an opportunity for public comment on the request 
                for such waiver.
                    ``(B) Notification requirements.--The notification 
                required under subparagraph (A) shall--
                            ``(i) describe whether the application is 
                        being made for a determination described in 
                        subsection (b)(1); and
                            ``(ii) be provided to the public by 
                        electronic means, including on the public 
                        website of the Department of Transportation.
            ``(3) Determination.--Before a determination described in 
        paragraph (1) takes effect, the Secretary shall publish a 
        detailed justification for such determination that addresses 
        all public comments received under paragraph (2)--
                    ``(A) on the public website of the Department of 
                Transportation; and
                    ``(B) if the Secretary issues a waiver with respect 
                to such determination, in the Federal Register.
    ``(i) Review of Nationwide Waivers.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, and at least every 5 years 
        thereafter, the Secretary shall review any standing nationwide 
        waiver issued by the Secretary under this section to ensure 
        such waiver remains justified.
            ``(2) Public notification and opportunity for comment.--
                    ``(A) In general.--Not later than 30 days before 
                the completion of a review under paragraph (1), the 
                Secretary shall provide notification and an opportunity 
                for public comment on such review.
                    ``(B) Means of notification.--Notification provided 
                under this subparagraph shall be provided by electronic 
                means, including on the public website of the 
                Department of Transportation.
            ``(3) Detailed justification in federal register.--After 
        the completion of a review under paragraph (1), the Secretary 
        shall publish in the Federal Register a detailed justification 
        for the determination made under paragraph (1) that addresses 
        all public comments received under paragraph (2).
            ``(4) Consideration.--In conducting the review under 
        paragraph (1), the Secretary shall consider the research on 
        supply chains carried out under section 1112(c) of the INVEST 
        in America Act.
    ``(j) Report.--Not later than 120 days after the last day of each 
fiscal year, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives, the 
Committee on Appropriations of the House of Representatives, the 
Committee on Environment and Public Works of the Senate, and the 
Committee on Appropriations of the Senate a report on the waivers 
provided under subsection (h) during the previous fiscal year and the 
justifications for such waivers.
    ``(k) Construction Materials Defined.--In this section, the term 
`construction materials' means primary materials that are commonly used 
in highway construction, as determined by the Secretary.''.
    (b) Construction Materials.--
            (1) Establishment of requirements.--The Secretary shall 
        issue such regulations as are necessary to implement the 
        amendment made subsection (a)(1)(D). Such regulations shall 
        ensure the continued availability of construction materials to 
        carry out projects under title 23, United States Code.
            (2) Considerations.--The requirements of this section, and 
        the amendments made by this section--
                    (A) shall seek to maximize jobs located in the 
                United States;
                    (B) may establish domestic content requirements 
                that increase over time, based on the current and 
                expected future domestic availability of construction 
                materials; and
                    (C) shall take into consideration the research 
                conducted under subsection (c).
            (3) Applicability.--The amendment made by subsection 
        (a)(1)(D) shall take effect beginning on the date that the 
        Secretary establishes the requirements described under 
        paragraph (1).
    (c) Research on Supply Chains.--
            (1) In general.--The Secretary shall conduct research on 
        covered items that are commonly used or acquired under title 
        23, United States Code, including--
                    (A) construction materials;
                    (B) manufactured products;
                    (C) vehicles; and
                    (D) alternative fuel infrastructure and electric 
                vehicle supply equipment.
            (2) Considerations.--The research under paragraph (1) shall 
        consider--
                    (A) the domestic availability of covered items;
                    (B) the supply chain for covered items.
                    (C) the estimated market share of covered items 
                from--
                            (i) procurement under the Federal-aid 
                        highway program;
                            (ii) procurement under other programs 
                        administered by the Secretary of 
                        Transportation; and
                            (iii) other Federal procurement; and
                    (D) the cost differential, if any, of domestically 
                produced covered items as compared to non-domestically 
                produced covered items.
            (3) Domestic suppliers.--As part of the review under this 
        paragraph, the Secretary may establish and maintain a list of 
        known domestic suppliers of covered items.
            (4) Definition of covered item.--For the purposes of this 
        section, the term ``covered item'' means any material or 
        product subject to the requirements of section 313(a) of title 
        23, United States Code, that is commonly used in highway 
        construction or procured under the Federal-aid highway program.
    (d) SAFETEA-LU Technical Corrections Act of 2008.--Section 117 of 
the SAFETEA-LU Technical Corrections Act of 2008 (23 U.S.C. 313 note) 
is repealed.

SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIREMENTS.

    (a) In General.--Section 113 of title 23, United States Code, is 
amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) In General.--The Secretary shall take such action as may be 
necessary to ensure that all laborers and mechanics employed by 
contractors and subcontractors on construction work performed on 
projects financed or otherwise assisted in whole or in part by a loan, 
loan guarantee, grant, credit enhancement, or any other form of Federal 
assistance administered by the Secretary or the Department, including 
programs to capitalize revolving loan funds and subsequent financing 
cycles under such funds, shall be paid wages at rates not less than 
those prevailing on projects of a character similar in the locality, as 
determined by the Secretary of Labor in accordance with subchapter IV 
of chapter 31 of title 40. With respect to the labor standards 
specified in this section, the Secretary of Labor shall have the 
authority and functions set forth in Reorganization Plan Numbered 14 of 
1950 (64 Stat. 1267) and section 3145 of title 40.'';
            (2) by redesignating subsection (c) as subsection (b); and
            (3) in subsection (b), as so redesignated, by inserting 
        ``Apprenticeship and Skill Training Programs.--'' before ``The 
        provisions''.
    (b) Conforming Amendments.--
            (1) Section 133 of title 23, United States Code, is amended 
        by striking subsection (i).
            (2) Section 167 of title 23, United States Code, is amended 
        by striking subsection (l).
            (3) Section 1401 of the MAP-21 (23 U.S.C. 137 note) is 
        amended by striking subsection (e).

SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL 
              EXCLUSIONS.

    Section 326(c)(3) of title 23, United States Code, is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) except as provided under subparagraph (C), 
                have a term of not more than 3 years;'';
            (2) in subparagraph (B) by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) for any State that has assumed the 
                responsibility for categorical exclusions under this 
                section for at least 10 years, have a term of 5 
                years.''.

SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN 
              AGREEMENTS.

    Section 327 of title 23, United States Code, is amended--
            (1) in subsection (a)(2)(G) by inserting ``, including the 
        payment of fees awarded under section 2412 of title 28'' after 
        ``with the project''.
            (2) in subsection (c)--
                    (A) by striking paragraph (5) and inserting the 
                following:
            ``(5) except as provided under paragraph (7), have a term 
        of not more than 5 years;'';
                    (B) in paragraph (6) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) for any State that has participated in a program 
        under this section (or under a predecessor program) for at 
        least 10 years, have a term of 10 years.'';
            (3) in subsection (g)(1)--
                    (A) in subparagraph (C) by striking ``annual'';
                    (B) in subparagraph (B) by striking ``and'' at the 
                end;
                    (C) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (D) by inserting after subparagraph (B) the 
                following:
                    ``(C) in the case of an agreement period of greater 
                than 5 years under subsection (c)(7), conduct an audit 
                covering the first 5 years of the agreement period; 
                and''; and
            (4) by adding at the end the following:
    ``(m) Agency Deemed to Be Federal Agency.--A State agency that is 
assigned a responsibility under an agreement under this section shall 
be deemed to be an agency of the United States for the purposes of 
section 2412 of title 28.''.

SEC. 1116. CORROSION PREVENTION FOR BRIDGES.

    (a) Definitions.--In this section:
            (1) Applicable bridge projects.--The term ``applicable 
        bridge projects'' means a project for construction, 
        replacement, rehabilitation, preservation, or protection, other 
        than de minimis work, as determined by the applicable State 
        department of transportation, on a bridge project that receives 
        financial assistance under title 23, United States Code.
            (2) Certified contractor.--The term ``certified 
        contractor'' means a contracting or subcontracting firm that 
        has been certified by an industry-wide recognized third party 
        organization that evaluates the capability of the contractor or 
        subcontractor to properly perform 1 or more specified aspects 
        of applicable bridge projects described in subsection (b)(2).
            (3) Qualified training program.--The term ``qualified 
        training program'' means a training program in corrosion 
        control, mitigation, and prevention that is either--
                    (A) offered or accredited by an organization that 
                sets industry corrosion standards; or
                    (B) an industrial coatings applicator training 
                program registered under the Act of August 16, 1937 (29 
                U.S.C. 50 et seq.; commonly known as the ``National 
                Apprenticeship Act'') that meets the standards of 
                subpart A of part 29 and part 30 of title 29, Code of 
                Federal Regulations.
    (b) Applicable Bridge Projects.--
            (1) Quality control.--A certified contractor shall carry 
        out aspects of an applicable bridge project described in 
        paragraph (2).
            (2) Aspects of applicable bridge projects.--Aspects of an 
        applicable bridge project referred to in paragraph (1) shall 
        include--
                    (A) surface preparation or coating application on 
                steel or rebar of an applicable bridge project;
                    (B) removal of a lead-based or other hazardous 
                coating from steel of an existing applicable bridge 
                project; and
                    (C) shop painting of structural steel or rebar 
                fabricated for installation on an applicable bridge 
                project.
            (3) Corrosion management system.--In carrying out an 
        applicable bridge project, a State department of transportation 
        shall--
                    (A) implement a corrosion management system that 
                utilizes industry-recognized standards and corrosion 
                mitigation and prevention methods to address--
                            (i) surface preparation;
                            (ii) protective coatings;
                            (iii) materials selection;
                            (iv) cathodic protection;
                            (v) corrosion engineering;
                            (vi) personnel training; and
                            (vii) best practices in environmental 
                        protection to prevent environmental degradation 
                        and uphold public health.
                    (B) require certified contractors, for the purpose 
                of carrying out aspects of applicable bridge projects 
                described in paragraph (2), to employ a substantial 
                number of individuals that are trained and certified by 
                a qualified training program as meeting the ANSI/NACE 
                Number 13/SSPC-ACS-1 standard or future versions of 
                this standard.
            (4) Certification.--The applicable State department of 
        transportation shall only accept bids for projects that include 
        aspects of applicable bridge projects described in paragraph 
        (2) from a certified contractor that presents written proof 
        that the certification of such contractor meets the standards 
        of SSPC QP1, QP2, and QP3 or future versions of these 
        standards.
    (c) Training Program.--As a condition of entering into a contract 
for an applicable bridge project, each certified contractor shall 
provide training, through a qualified training program, for each 
individual who is not a certified coating applicator but that the 
certified contractor employs to carry out aspects of applicable bridge 
projects as described in subsection (b)(2).

SEC. 1117. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) States should utilize life-cycle cost analysis to 
        evaluate the total economic cost of a transportation project 
        over its expected lifetime; and
            (2) data indicating that future repair costs associated 
        with a transportation project frequently total more than half 
        of the initial cost of the project, and that conducting life-
        cycle cost analysis prior to construction will help States 
        identify the most cost-effective option, improve their economic 
        performance, and lower the total cost of building and 
        maintaining the project.

SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN RIGHT-OF-WAY.

    (a) In General.--Notwithstanding chapter 1 of title 23, United 
States Code, electric vehicle charging infrastructure, renewable energy 
generation facilities, electrical transmission and distribution 
infrastructure, and broadband infrastructure and conduit shall be 
treated as a facility covered under part 645 of title 23, Code of 
Federal Regulations (or successor regulations), for purposes of being 
accommodated under section 109(l) of title 23, United States Code.
    (b) State Approval.--A State, on behalf of the Secretary of 
Transportation, may approve the accommodation of the infrastructure and 
facilities described in subsection (a) within any right-of-way on a 
Federal-aid highway pursuant to section 109(l) of title 23, United 
States Code.

SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE SAFETY IMPROVEMENTS.

    (a) In General.--Notwithstanding any provision of title 23, United 
States Code, or any regulation issued by the Secretary of 
Transportation, section 129(a)(3) of such title shall not apply to a 
covered public authority that receives funding under such title for 
pedestrian and bike safety improvements.
    (b) No Toll.--A covered public authority may not charge a toll, 
fee, or other levy for use of such improvements.
    (c) Effective Date.--A covered public authority shall be eligible 
for the exemption under subsection (a) for 10 years after the date of 
enactment of this Act. Any such exemption granted shall remain in 
effect after the effective date described in this section.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Covered public authority.--The term ``covered public 
        authority'' means a public authority with jurisdiction over a 
        toll facility located within both--
                    (A) a National Scenic Area; and
                    (B) the National Trail System.
            (2) National scenic area.--The term ``National Scenic 
        Area'' means an area of the National Forest System federally 
        designated as a National Scenic Area in recognition of the 
        outstanding natural, scenic, and recreational values of the 
        area.
            (3) National trail system.--The term ``National Trail 
        System'' means an area described in section 3 of the National 
        Trails System Act (16 U.S.C. 1242).
            (4) Public authority; toll facility.--The terms ``public 
        authority'' and ``toll facility'' have the meanings such terms 
        would have if such terms were included in chapter 1 of title 
        23, United States Code.

           Subtitle B--Programmatic Infrastructure Investment

SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

    Section 119 of title 23, United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Purposes.--The purposes of the national highway performance 
program shall be--
            ``(1) to provide support for the condition and performance 
        of the National Highway System, consistent with the asset 
        management plans of States;
            ``(2) to support progress toward the achievement of 
        performance targets of States established under section 150;
            ``(3) to increase the resilience of Federal-aid highways 
        and bridges; and
            ``(4) to provide support for the construction of new 
        facilities on the National Highway System, consistent with 
        subsection (d)(3).'';
            (2) in subsection (d)--
                    (A) in paragraph (1)(A) by striking ``or freight 
                movement on the National Highway System'' and inserting 
                ``freight movement, environmental sustainability, 
                transportation system access, or combating climate 
                change'';
                    (B) in paragraph (1)(B) by striking ``and'' at the 
                end;
                    (C) in paragraph (2)--
                            (i) in subparagraph (G)--
                                    (I) in clause (i) by inserting 
                                ``and'' at the end;
                                    (II) in clause (ii) by striking ``; 
                                and'' and inserting a period; and
                                    (III) by striking clause (iii);
                            (ii) in subparagraph (I) by inserting ``, 
                        including the installation of safety barriers 
                        and nets on bridges on the National Highway 
                        System'' after ``National Highway System''; and
                            (iii) by adding at the end the following:
                    ``(Q) Projects on or off the National Highway 
                System to reduce greenhouse gas emissions that are 
                eligible under section 171, including the installation 
                of electric vehicle charging infrastructure.
                    ``(R) Projects on or off the National Highway 
                System to enhance resilience of a transportation 
                facility eligible under section 124, including 
                protective features and natural infrastructure.
                    ``(S) Projects and strategies to reduce vehicle-
                caused wildlife mortality related to, or to restore and 
                maintain connectivity among terrestrial or aquatic 
                habitats affected by, a transportation facility 
                eligible for assistance under this section.
                    ``(T) Projects on or off the National Highway 
                System to improve an evacuation route eligible under 
                section 124(b)(1)(C).
                    ``(U) The removal, retrofit, repurposing, 
                remediation, or replacement of a highway on the 
                National Highway System that creates a barrier to 
                community connectivity to improve access for multiple 
                modes of transportation.''; and
                    (D) by adding at the end the following:
            ``(3) a project that is otherwise eligible under this 
        subsection to construct new capacity for single occupancy 
        passenger vehicles only if the State--
                    ``(A) has demonstrated progress in achieving a 
                state of good repair, as defined in the State's asset 
                management plan, on the National Highway System;
                    ``(B) demonstrates that the project--
                            ``(i) supports the achievement of 
                        performance targets of the State established 
                        under section 150; and
                            ``(ii) is more cost effective, as 
                        determined by benefit-cost analysis, than--
                                    ``(I) an operational improvement to 
                                the facility or corridor;
                                    ``(II) the construction of a public 
                                transportation project eligible for 
                                assistance under chapter 53 of title 
                                49; or
                                    ``(III) the construction of a non-
                                single occupancy passenger vehicle 
                                project that improves freight movement; 
                                and
                    ``(C) has a public plan for maintaining and 
                operating the new asset while continuing its progress 
                in achieving a state of good repair under subparagraph 
                (A).'';
            (3) in subsection (e)--
                    (A) in the heading by inserting ``Asset and'' after 
                ``State'';
                    (B) in paragraph (4)(D) by striking ``analysis'' 
                and inserting ``analyses, both of which shall take into 
                consideration climate change adaptation and 
                resilience;''; and
                    (C) in paragraph (8) by striking ``Not later than 
                18 months after the date of enactment of the MAP-21, 
                the Secretary'' and inserting ``The Secretary''; and
            (4) by adding at the end the following:
    ``(k) Benefit-Cost Analysis.--In carrying out subsection 
(d)(3)(B)(ii), the Secretary shall establish a process for analyzing 
the cost and benefits of projects under such subsection, ensuring 
that--
            ``(1) the benefit-cost analysis includes a calculation of 
        all the benefits addressed in the performance measures 
        established under section 150;
            ``(2) the benefit-cost analysis includes a consideration of 
        the total maintenance cost of an asset over the lifecycle of 
        the asset; and
            ``(3) the State demonstrates that any transportation demand 
        modeling used to calculate the benefit-cost analysis has a 
        documented record of accuracy.''.

SEC. 1202. INCREASING THE RESILIENCE OF TRANSPORTATION ASSETS.

    (a) Predisaster Mitigation Program.--
            (1) In general.--Chapter 1 of title 23, United States Code, 
        is amended by inserting after section 123 the following:
``Sec. 124. Predisaster mitigation program
    ``(a) Establishment.--The Secretary shall establish and implement a 
predisaster mitigation program to enhance the resilience of the 
transportation system of the United States, mitigate the impacts of 
covered events, and ensure the efficient use of Federal resources.
    ``(b) Eligible Activities.--
            ``(1) In general.--Subject to paragraph (2), funds 
        apportioned to the State under section 104(b)(8) may be 
        obligated for--
                    ``(A) construction activities, including 
                construction of natural infrastructure or protective 
                features--
                            ``(i) to increase the resilience of a 
                        surface transportation infrastructure asset to 
                        withstand a covered event;
                            ``(ii) to relocate or provide a reasonable 
                        alternative to a repeatedly damaged facility; 
                        and
                            ``(iii) for an evacuation route identified 
                        in the vulnerability assessment required under 
                        section 134(i)(2)(I)(iii) or section 
                        135(f)(10)(C) to--
                                    ``(I) improve the capacity or 
                                operation of such evacuation route 
                                through communications and intelligent 
                                transportation system equipment and 
                                infrastructure, counterflow measures, 
                                and shoulders; and
                                    ``(II) relocate such evacuation 
                                route or provide a reasonable 
                                alternative to such evacuation route to 
                                address the risk of a covered event;
                    ``(B) resilience planning activities, including 
                activities described in sections 134(i)(2)(I) and 
                135(f)(10) of this title and sections 5303(i)(2)(I) and 
                5304(f)(10) of title 49; and
                    ``(C) the development of projects and programs that 
                help States, territories, and regions recover from 
                covered events that significantly disrupt the 
                transportation system, including--
                            ``(i) predisaster training programs that 
                        help agencies and regional stakeholders plan 
                        for and prepare multimodal recovery efforts; 
                        and
                            ``(ii) the establishment of region-wide 
                        telework training and programs.
            ``(2) Infrastructure resilience and adaptation.--No funds 
        shall be obligated to a project under this section unless the 
        project meets each of the following criteria:
                    ``(A) The project is designed to ensure resilience 
                over the anticipated service life of the surface 
                transportation infrastructure asset.
                    ``(B) The project is identified in the metropolitan 
                or statewide transportation improvement program as a 
                project to address resilience vulnerabilities, 
                consistent with section 134(j)(3)(E) or 
                135(g)(5)(B)(iii).
            ``(3) Prioritization of projects.--A State shall develop a 
        process to prioritize projects under this section based on the 
        degree to which the proposed project would--
                    ``(A) be cost effective in the long-term;
                    ``(B) reduce the risk of disruption to a surface 
                transportation infrastructure asset considered critical 
                to support population centers, freight movement, 
                economic activity, evacuation, recovery, national 
                security functions, or critical infrastructure; and
                    ``(C) ease disruptions to vulnerable, at-risk, or 
                transit-dependant populations.
    ``(c) Guidance.--The Secretary shall provide guidance to States to 
assist with the implementation of paragraphs (2) and (3) of subsection 
(b).
    ``(d) Definitions.--In this section:
            ``(1) Covered event.--The term `covered event' means a 
        climate change effect (including sea level rise), flooding, and 
        an extreme event or other natural disaster (including 
        wildfires, seismic activity, and landslides).
            ``(2) Surface transportation infrastructure asset.--The 
        term `surface transportation infrastructure asset' means a 
        facility eligible for assistance under this title or chapter 53 
        of title 49.''.
            (2) Conforming amendment.--The analysis for chapter 1 of 
        title 23, United States Code, is amended by inserting after the 
        item relating to section 123 the following:

``124. Predisaster mitigation program.''.
    (b) Projects in Flood-Prone Areas.--Section 109 of title 23, United 
States Code, is further amended by adding at the end the following:
    ``(t) Projects in Flood-Prone Areas.--For projects and actions 
that, in whole or in part, encroach within the limits of a flood-prone 
area, the Secretary shall ensure that such projects and actions are--
            ``(1) designed and constructed in a way that takes into 
        account, and mitigates where appropriate, flood risk by using 
        hydrologic, hydraulic, and hydrodynamic data, methods, and 
        analysis that integrate current and projected changes in 
        flooding based on climate science over the anticipated service 
        life of the asset and future forecasted land use changes; and
            ``(2) designed using analysis that considers the capital 
        costs, risks, and other economic, engineering, social and 
        environmental concerns of constructing a project in a flood-
        prone area.''.
    (c) Metropolitan Transportation Planning.--
            (1) Amendments to title 23.--
                    (A) Climate change and resilience.--Section 
                134(i)(2) of title 23, United States Code, is amended 
                by adding at the end the following:
                    ``(I) Climate change and resilience.--
                            ``(i) In general.--The transportation 
                        planning process shall assess strategies to 
                        reduce the climate change impacts of the 
                        surface transportation system and conduct a 
                        vulnerability assessment to identify 
                        opportunities to enhance the resilience of the 
                        surface transportation system and ensure the 
                        efficient use of Federal resources.
                            ``(ii) Climate change mitigation and 
                        impacts.--A long-range transportation plan 
                        shall--
                                    ``(I) identify investments and 
                                strategies to reduce transportation-
                                related sources of greenhouse gas 
                                emissions per capita;
                                    ``(II) identify investments and 
                                strategies to manage transportation 
                                demand and increase the rates of public 
                                transportation ridership, walking, 
                                bicycling, and carpools; and
                                    ``(III) recommend zoning and other 
                                land use policies that would support 
                                infill, transit-oriented development, 
                                and mixed use development.
                            ``(iii) Vulnerability assessment.--A long-
                        range transportation plan shall incorporate a 
                        vulnerability assessment that--
                                    ``(I) includes a risk-based 
                                assessment of vulnerabilities of 
                                critical transportation assets and 
                                systems to covered events (as such term 
                                is defined in section 124);
                                    ``(II) considers, as applicable, 
                                the risk management analysis in the 
                                State's asset management plan developed 
                                pursuant to section 119, and the 
                                State's evaluation of reasonable 
                                alternatives to repeatedly damaged 
                                facilities conducted under part 667 of 
                                title 23, Code of Federal Regulations;
                                    ``(III) at the discretion of the 
                                metropolitan planning organization, 
                                identifies evacuation routes, assesses 
                                the ability of any such routes to 
                                provide safe passage for evacuation, 
                                access to health care and public health 
                                facilities, and emergency response 
                                during an emergency event, and 
                                identifies any improvements or 
                                redundant facilities necessary to 
                                adequately facilitate safe passage;
                                    ``(IV) describes the metropolitan 
                                planning organization's adaptation and 
                                resilience improvement strategies that 
                                will inform the transportation 
                                investment decisions of the 
                                metropolitan planning organization; and
                                    ``(V) is consistent with and 
                                complementary of the State, Tribal, and 
                                local mitigation plans required under 
                                section 322 of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5165).
                            ``(iv) Consultation.--The assessment 
                        described in this subparagraph shall be 
                        developed in consultation with, as appropriate, 
                        State, local, and Tribal officials responsible 
                        for land use, housing, resilience, hazard 
                        mitigation, and emergency management.''.
                    (B) Resilience projects.--Section 134(j)(3) of 
                title 23, United States Code, is amended by adding at 
                the end the following:
                    ``(E) Resilience projects.--The TIP shall--
                            ``(i) identify any projects that address 
                        the vulnerabilities identified by the 
                        assessment in subsection (i)(2)(I)(iii); and
                            ``(ii) describe how each project identified 
                        under clause (i) would improve the resilience 
                        of the transportation system.''.
            (2) Amendments to title 49.--
                    (A) Climate change and resilience.--Section 
                5303(i)(2) of title 49, United States Code, is amended 
                by adding at the end the following:
                    ``(I) Climate change and resilience.--
                            ``(i) In general.--The transportation 
                        planning process shall assess strategies to 
                        reduce the climate change impacts of the 
                        surface transportation system and conduct a 
                        vulnerability assessment to identify 
                        opportunities to enhance the resilience of the 
                        surface transportation system and ensure the 
                        efficient use of Federal resources.
                            ``(ii) Climate change mitigation and 
                        impacts.--A long-range transportation plan 
                        shall--
                                    ``(I) identify investments and 
                                strategies to reduce transportation-
                                related sources of greenhouse gas 
                                emissions per capita;
                                    ``(II) identify investments and 
                                strategies to manage transportation 
                                demand and increase the rates of public 
                                transportation ridership, walking, 
                                bicycling, and carpools; and
                                    ``(III) recommend zoning and other 
                                land use policies that would support 
                                infill, transit-oriented development, 
                                and mixed use development.
                            ``(iii) Vulnerability assessment.--A long-
                        range transportation plan shall incorporate a 
                        vulnerability assessment that--
                                    ``(I) includes a risk-based 
                                assessment of vulnerabilities of 
                                critical transportation assets and 
                                systems to covered events (as such term 
                                is defined in section 124 of title 23);
                                    ``(II) considers, as applicable, 
                                the risk management analysis in the 
                                State's asset management plan developed 
                                pursuant to section 119 of title 23, 
                                and the State's evaluation of 
                                reasonable alternatives to repeatedly 
                                damaged facilities conducted under part 
                                667 of title 23, Code of Federal 
                                Regulations;
                                    ``(III) at the discretion of the 
                                metropolitan planning organization, 
                                identifies evacuation routes, assesses 
                                the ability of any such routes to 
                                provide safe passage for evacuation, 
                                access to health care and public health 
                                facilities, and emergency response 
                                during an emergency event, and 
                                identifies any improvements or 
                                redundant facilities necessary to 
                                adequately facilitate safe passage;
                                    ``(IV) describes the metropolitan 
                                planning organization's adaptation and 
                                resilience improvement strategies that 
                                will inform the transportation 
                                investment decisions of the 
                                metropolitan planning organization; and
                                    ``(V) is consistent with and 
                                complementary of the State, Tribal, and 
                                local mitigation plans required under 
                                section 322 of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5165).
                            ``(iv) Consultation.--The assessment 
                        described in this subparagraph shall be 
                        developed in consultation, as appropriate, with 
                        State, local, and Tribal officials responsible 
                        for land use, housing, resilience, hazard 
                        mitigation, and emergency management.''.
                    (B) Resilience projects.--Section 5303(j)(3) of 
                title 49, United States Code, is amended by adding at 
                the end the following:
                    ``(E) Resilience projects.--The TIP shall--
                            ``(i) identify any projects that address 
                        the vulnerabilities identified by the 
                        assessment in subsection (i)(2)(I)(iii); and
                            ``(ii) describe how each project identified 
                        under clause (i) would improve the resilience 
                        of the transportation system.''.
    (d) Statewide and Nonmetropolitan Planning.--
            (1) Amendments to title 23.--
                    (A) Climate change and resilience.--Section 135(f) 
                of title 23, United States Code, is amended by adding 
                at the end the following:
            ``(10) Climate change and resilience.--
                    ``(A) In general.--The transportation planning 
                process shall assess strategies to reduce the climate 
                change impacts of the surface transportation system and 
                conduct a vulnerability assessment to identify 
                opportunities to enhance the resilience of the surface 
                transportation system and ensure the efficient use of 
                Federal resources.
                    ``(B) Climate change mitigation and impacts.--A 
                long-range transportation plan shall--
                            ``(i) identify investments and strategies 
                        to reduce transportation-related sources of 
                        greenhouse gas emissions per capita;
                            ``(ii) identify investments and strategies 
                        to manage transportation demand and increase 
                        the rates of public transportation ridership, 
                        walking, bicycling, and carpools; and
                            ``(iii) recommend zoning and other land use 
                        policies that would support infill, transit-
                        oriented development, and mixed use 
                        development.
                    ``(C) Vulnerability assessment.--A long-range 
                transportation plan shall incorporate a vulnerability 
                assessment that--
                            ``(i) includes a risk-based assessment of 
                        vulnerabilities of critical transportation 
                        assets and systems to covered events (as such 
                        term is defined in section 124);
                            ``(ii) considers, as applicable, the risk 
                        management analysis in the State's asset 
                        management plan developed pursuant to section 
                        119, and the State's evaluation of reasonable 
                        alternatives to repeatedly damaged facilities 
                        conducted under part 667 of title 23, Code of 
                        Federal Regulations;
                            ``(iii) identifies evacuation routes, 
                        assesses the ability of any such routes to 
                        provide safe passage for evacuation, access to 
                        health care and public health facilities, and 
                        emergency response during an emergency event, 
                        and identifies any improvements or redundant 
                        facilities necessary to adequately facilitate 
                        safe passage;
                            ``(iv) describes the States's adaptation 
                        and resilience improvement strategies that will 
                        inform the transportation investment decisions 
                        of the State; and
                            ``(v) is consistent with and complementary 
                        of the State, Tribal, and local mitigation 
                        plans required under section 322 of the Robert 
                        T. Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5165).
                    ``(D) Consultation.--The assessment described in 
                this paragraph shall be developed in consultation with, 
                as appropriate, metropolitan planning organizations and 
                State, local, and Tribal officials responsible for land 
                use, housing, resilience, hazard mitigation, and 
                emergency management.''.
                    (B) Resilience projects.--Section 135(g)(5)(B) of 
                title 23, United States Code, is amended by adding at 
                the end the following:
                            ``(iii) Resilience projects.--The STIP 
                        shall--
                                    ``(I) identify projects that 
                                address the vulnerabilities identified 
                                by the assessment in subsection 
                                (i)(10)(B); and
                                    ``(II) describe how each project 
                                identified under subclause (I) would 
                                improve the resilience of the 
                                transportation system.''.
            (2) Amendments to title 49.--
                    (A) Climate change and resilience.--Section 5304(f) 
                of title 49, United States Code, is amended by adding 
                at the end the following:
            ``(10) Climate change and resilience.--
                    ``(A) In general.--The transportation planning 
                process shall assess strategies to reduce the climate 
                change impacts of the surface transportation system and 
                conduct a vulnerability assessment to identify 
                opportunities to enhance the resilience of the surface 
                transportation system and ensure the efficient use of 
                Federal resources.
                    ``(B) Climate change mitigation and impacts.--A 
                long-range transportation plan shall--
                            ``(i) identify investments and strategies 
                        to reduce transportation-related sources of 
                        greenhouse gas emissions per capita;
                            ``(ii) identify investments and strategies 
                        to manage transportation demand and increase 
                        the rates of public transportation ridership, 
                        walking, bicycling, and carpools; and
                            ``(iii) recommend zoning and other land use 
                        policies that would support infill, transit-
                        oriented development, and mixed use 
                        development.
                    ``(C) Vulnerability assessment.--A long-range 
                transportation plan shall incorporate a vulnerability 
                assessment that--
                            ``(i) includes a risk-based assessment of 
                        vulnerabilities of critical transportation 
                        assets and systems to covered events (as such 
                        term is defined in section 124 of title 23);
                            ``(ii) considers, as applicable, the risk 
                        management analysis in the State's asset 
                        management plan developed pursuant to section 
                        119 of title 23, and the State's evaluation of 
                        reasonable alternatives to repeatedly damaged 
                        facilities conducted under part 667 of title 
                        23, Code of Federal Regulations;
                            ``(iii) identifies evacuation routes, 
                        assesses the ability of any such routes to 
                        provide safe passage for evacuation, access to 
                        health care and public health facilities, and 
                        emergency response during an emergency event, 
                        and identifies any improvements or redundant 
                        facilities necessary to adequately facilitate 
                        safe passage;
                            ``(iv) describes the State's adaptation and 
                        resilience improvement strategies that will 
                        inform the transportation investment decisions 
                        of the State; and
                            ``(v) is consistent with and complementary 
                        of the State, Tribal, and local mitigation 
                        plans required under section 322 of the Robert 
                        T. Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5165).
                    ``(D) Consultation.--The assessment described in 
                this paragraph shall be developed in consultation with, 
                as appropriate, metropolitan planning organizations and 
                State, local, and Tribal officials responsible for land 
                use, housing, resilience, hazard mitigation, and 
                emergency management.''.
                    (B) Resilience projects.--Section 5304(g)(5)(B) of 
                title 49, United States Code, is amended by adding at 
                the end the following:
                            ``(iii) Resilience projects.--The STIP 
                        shall--
                                    ``(I) identify projects that 
                                address the vulnerabilities identified 
                                by the assessment in subsection 
                                (i)(10)(B); and
                                    ``(II) describe how each project 
                                identified under subclause (I) would 
                                improve the resilience of the 
                                transportation system.''.

SEC. 1203. EMERGENCY RELIEF.

    (a) In General.--Section 125 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(1) by inserting ``wildfire,'' after 
        ``severe storm,'';
            (2) by striking subsection (b);
            (3) in subsection (c)(2)(A) by striking ``in any 1 fiscal 
        year commencing after September 30, 1980,'' and inserting ``in 
        any fiscal year'';
            (4) in subsection (d)--
                    (A) in paragraph (3)(C) by striking ``(as defined 
                in subsection (e)(1))'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) In general.--The Secretary may expend funds from the 
        emergency fund authorized by this section only for the repair 
        or reconstruction of highways on Federal-aid highways in 
        accordance with this chapter.
            ``(2) Restrictions.--
                    ``(A) In general.--No funds shall be expended from 
                the emergency fund authorized by this section unless--
                            ``(i) an emergency has been declared by the 
                        Governor of the State with concurrence by the 
                        Secretary, unless the President has declared 
                        the emergency to be a major disaster for the 
                        purposes of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5121 et seq.) for which concurrence of the 
                        Secretary is not required; and
                            ``(ii) the Secretary has received an 
                        application from the State transportation 
                        department that includes a comprehensive list 
                        of all eligible project sites and repair costs 
                        by not later than 2 years after the natural 
                        disaster or catastrophic failure.
                    ``(B) Cost limitation.--The total cost of a project 
                funded under this section may not exceed the cost of 
                repair or reconstruction of a comparable facility 
                unless the Secretary determines that the project 
                incorporates economically justified betterments, 
                including protective features to increase the 
                resilience of the facility.
                    ``(C) Repeatedly damaged facilities.--An 
                application submitted under this section for the 
                permanent repair or reconstruction of a repeatedly 
                damaged facility shall include consideration and, if 
                feasible, incorporation of economically justifiable 
                betterments, including protective features, to increase 
                the resilience of such facility.
            ``(3) Special rule for bridge projects.--In no case shall 
        funds be used under this section for the repair or 
        reconstruction of a bridge--
                    ``(A) that has been permanently closed to all 
                vehicular traffic by the State or responsible local 
                official because of imminent danger of collapse due to 
                a structural deficiency or physical deterioration; or
                    ``(B) if a construction phase of a replacement 
                structure is included in the approved statewide 
                transportation improvement program at the time of an 
                event described in subsection (a).'';
            (5) in subsection (e)--
                    (A) by striking paragraph (1);
                    (B) in paragraph (2) by striking ``subsection 
                (d)(1)'' and inserting ``subsection (c)(1)''; and
                    (C) by redesignating paragraphs (2) and (3), as 
                amended, as paragraphs (1) and (2), respectively;
            (6) by redesignating subsections (c) through (g), as 
        amended, as subsections (b) through (f), respectively; and
            (7) by adding at the end the following:
    ``(g) Imposition of Deadline.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may not require any project funded under 
        this section to advance to the construction obligation stage 
        before the date that is the last day of the sixth fiscal year 
        after the later of--
                    ``(A) the date on which the Governor declared the 
                emergency, as described in subsection (c)(2)(A)(i); or
                    ``(B) the date on which the President declared the 
                emergency to be a major disaster, as described in such 
                subsection.
            ``(2) Extension of deadline.--If the Secretary imposes a 
        deadline for advancement to the construction obligation stage 
        pursuant to paragraph (1), the Secretary may, upon the request 
        of the Governor of the State, issue an extension of not more 
        than 1 year to complete such advancement, and may issue 
        additional extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has provided 
        suitable justification to warrant such an extension.
    ``(h) Hazard Mitigation Pilot Program.--
            ``(1) In general.--The Secretary shall establish a hazard 
        mitigation pilot program for the purpose of mitigating future 
        hazards posed to Federal-aid highways, Federal lands 
        transportation facilities, and Tribal transportation 
        facilities.
            ``(2) Allocation of funds.--
                    ``(A) Authorization of appropriations.--There is 
                authorized to be appropriated such sums as may be 
                necessary for the pilot program established under this 
                subsection.
                    ``(B) Calculation.--Annually, the Secretary shall 
                calculate the total amount of outstanding eligible 
                repair costs under the emergency relief program under 
                this section, including the emergency relief backlog, 
                for each State, territory, and Indian Tribe.
                    ``(C) Allocation.--Any amounts made available under 
                this subsection shall be distributed to each State, 
                territory, or Indian Tribe based on--
                            ``(i) the ratio that the total amount of 
                        outstanding eligible repair costs for such 
                        State, territory, or Indian Tribe, as described 
                        under subparagraph (B); bears to
                            ``(ii) the total amount of outstanding 
                        eligible repair costs for all States, 
                        territories, and Indian Tribes, as described 
                        under subparagraph (B).
                    ``(D) Limitation.--The allocation to a State, 
                territory, or Indian Tribe described under subparagraph 
                (C) shall not exceed 5 percent of the total amount of 
                outstanding eligible repair costs under the emergency 
                relief program for such State, territory, or Indian 
                Tribe, as described in subparagraph (B).
            ``(3) Eligible activities.--Amounts made available under 
        this subsection shall be used for protective features or other 
        hazard mitigation activities that--
                    ``(A) the Secretary determines are cost effective 
                and that reduce the risk of, or increase the resilience 
                to, future damage to existing assets as a result of 
                natural disasters; and
                    ``(B) are eligible under section 124.
            ``(4) Report.--For each fiscal year in which funding is 
        made available for the program under this subsection, the 
        Secretary shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report detailing--
                    ``(A) a description of the activities carried out 
                under the pilot program;
                    ``(B) an evaluation of the effectiveness of the 
                pilot program in meeting purposes described in 
                paragraph (1); and
                    ``(C) policy recommendations to improve the 
                effectiveness of the pilot program.
            ``(5) Sunset.--The authority provided under this subsection 
        shall terminate on October 1, 2025.
    ``(i) Improving the Emergency Relief Program.--Not later than 1 
year after the date of enactment of the INVEST in America Act, the 
Secretary shall--
            ``(1) revise the emergency relief manual of the Federal 
        Highway Administration--
                    ``(A) to include and reflect the definition of the 
                term `resilience' (as defined in section 101(a));
                    ``(B) to identify procedures that States may use to 
                incorporate resilience into emergency relief projects; 
                and
                    ``(C) to consider economically justified 
                betterments in emergency relief projects, such as--
                            ``(i) protective features that increase the 
                        resilience of the facility; and
                            ``(ii) incorporation of context sensitive 
                        design principles and other planned betterments 
                        that improve the safety of the facility;
            ``(2) consider transportation system access for moderate 
        and low-income families impacted by a major disaster or 
        emergency declared by the President under section 401 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5170);
            ``(3) develop best practices for improving the use of 
        resilience in--
                    ``(A) the emergency relief program under this 
                section; and
                    ``(B) emergency relief efforts;
            ``(4) provide to division offices of the Federal Highway 
        Administration and State departments of transportation 
        information on the best practices developed under paragraph 
        (2); and
            ``(5) develop and implement a process to track--
                    ``(A) the consideration of resilience as part of 
                the emergency relief program under this section; and
                    ``(B) the costs of emergency relief projects.
    ``(j) Definitions.--In this section:
            ``(1) Comparable facility.--The term `comparable facility' 
        means a facility that meets the current geometric and 
        construction standards required for the types and volume of 
        traffic that the facility will carry over its design life.
            ``(2) Construction phase.--The term `construction phase' 
        means the phase of physical construction of a highway or bridge 
        facility that is separate from any other identified phases, 
        such as planning, design, or right-of-way phases, in the State 
        transportation improvement program.
            ``(3) Open to public travel.--The term `open to public 
        travel' means with respect to a road, that, except during 
        scheduled periods, extreme weather conditions, or emergencies, 
        the road--
                    ``(A) is maintained;
                    ``(B) is open to the general public; and
                    ``(C) can accommodate travel by a standard 
                passenger vehicle, without restrictive gates or 
                prohibitive signs or regulations, other than for 
                general traffic control or restrictions based on size, 
                weight, or class of registration.
            ``(4) Standard passenger vehicle.--The term `standard 
        passenger vehicle' means a vehicle with 6 inches of clearance 
        from the lowest point of the frame, body, suspension, or 
        differential to the ground.''.
    (b) Conforming Amendments.--
            (1) Federal lands and tribal transportation programs.--
        Section 201(c)(8)(A) of title 23, United States Code, is 
        amended by striking ``section 125(e)'' and inserting ``section 
        125(j)''.
            (2) Tribal transportation program.--Section 202(b)(6)(A) of 
        title 23, United States Code, is amended by striking ``section 
        125(e)'' and inserting ``section 125(d)''.
    (c) Repeal.--Section 668.105(h) of title 23, Code of Federal 
Regulations, is repealed.

SEC. 1204. RAILWAY CROSSINGS.

    (a) In General.--Section 130 of title 23, United States Code, is 
amended--
            (1) in the section heading by striking ``Railway-highway 
        crossings'' and inserting ``Railway crossings'';
            (2) in subsection (a)--
                    (A) by striking ``Subject to section 120 and 
                subsection (b) of this section, the entire'' and 
                inserting ``In General.--The'';
                    (B) by striking ``then the entire'' and inserting 
                ``the''; and
                    (C) by striking ``, subject to section 120 and 
                subsection (b) of this section,'';
            (3) by amending subsection (b) to read as follows:
    ``(b) Classification.--
            ``(1) In general.--The construction of projects for the 
        elimination of hazards at railway crossings represents a 
        benefit to the railroad. The Secretary shall classify the 
        various types of projects involved in the elimination of 
        hazards of railway-highway crossings, and shall set for each 
        such classification a percentage of the total project cost that 
        represent the benefit to the railroad or railroads for the 
        purpose of determining the railroad's share of the total 
        project cost. The Secretary shall determine the appropriate 
        classification of each project.
            ``(2) Noncash contributions.--
                    ``(A) In general.--Not more than 5 percent of the 
                cost share described in paragraph (1) may be 
                attributable to noncash contributions of materials and 
                labor furnished by the railroad in connection with the 
                construction of such project.
                    ``(B) Requirement.--The requirements under section 
                200.306 and 200.403(g) of title 2, Code of Federal 
                Regulations (or successor regulations), shall apply to 
                any noncash contributions under this subsection.
            ``(3) Total project cost.--For the purposes of this 
        subsection, the determination of the railroad's share of the 
        total project cost shall include environment, design, right-of-
        way, utility accommodation, and construction phases of the 
        project.'';
            (4) in subsection (c)--
                    (A) by striking ``Any railroad involved'' and 
                inserting ``Benefit.--Any railroad involved'';
                    (B) by striking ``the net benefit'' and inserting 
                ``the cost associated with the benefit''; and
                    (C) by striking ``Such payment may consist in whole 
                or in part of materials and labor furnished by the 
                railroad in connection with the construction of such 
                project.'';
            (5) by striking subsection (e) and inserting the following:
    ``(e) Railway Crossings.--
            ``(1) Eligible activities.--Funds apportioned to a State 
        under section 104(b)(7) may be obligated for the following:
                    ``(A) The elimination of hazards at railway-highway 
                crossings, including technology or protective upgrades.
                    ``(B) Construction or installation of protective 
                devices (including replacement of functionally obsolete 
                protective devices) at railway-highway crossings.
                    ``(C) Infrastructure and noninfrastructure projects 
                and strategies to prevent or reduce suicide or 
                trespasser fatalities and injuries along railroad 
                rights-of-way and at or near railway-highway crossings.
                    ``(D) Projects to mitigate any degradation in the 
                level of access from a highway-grade crossing closure.
                    ``(E) Bicycle and pedestrian railway grade crossing 
                improvements, including underpasses and overpasses.
                    ``(F) Projects eligible under section 22907(c)(5) 
                of title 49, provided that amounts obligated under this 
                subparagraph--
                            ``(i) shall be administered by the 
                        Secretary in accordance with such section as if 
                        such amounts were made available to carry out 
                        such section; and
                            ``(ii) may be used to pay up to 90 percent 
                        of the non-Federal share of the cost of a 
                        project carried out under such section.
            ``(2) Special rule.--If a State demonstrates to the 
        satisfaction of the Secretary that the State has met all its 
        needs for installation of protective devices at railway-highway 
        crossings, the State may use funds made available by this 
        section for other highway safety improvement program 
        purposes.'';
            (6) by striking subsection (f) and inserting the following:
    ``(f) Federal Share.--Notwithstanding section 120, the Federal 
share payable on account of any project financed with funds made 
available to carry out subsection (e) shall be up to 90 percent of the 
cost thereof.'';
            (7) by striking subsection (g) and inserting the following:
    ``(g) Report.--
            ``(1) State report.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of the INVEST in America Act, and at 
                least biennially thereafter, each State shall submit to 
                the Secretary a report on the progress being made to 
                implement the railway crossings program authorized by 
                this section and the effectiveness of projects to 
                improve railway crossing safety.
                    ``(B) Contents.--Each State report under 
                subparagraph (A) shall contain an assessment of the 
                costs of the various treatments employed and subsequent 
                accident experience at improved locations.
            ``(2) Departmental report.--
                    ``(A) In general.--Not later than 180 days after 
                the deadline for the submission of a report under 
                paragraph (1)(A), the Secretary shall publish on the 
                website of the Department of Transportation a report on 
                the progress being made by the State in implementing 
                projects to improve railway crossings.
                    ``(B) Contents.--The report under subparagraph (A) 
                shall include--
                            ``(i) the number of projects undertaken;
                            ``(ii) distribution of such projects by 
                        cost range, road system, nature of treatment, 
                        and subsequent accident experience at improved 
                        locations;
                            ``(iii) an analysis and evaluation of each 
                        State program;
                            ``(iv) the identification of any State 
                        found not to be in compliance with the schedule 
                        of improvements required by subsection (d); and
                            ``(v) recommendations for future 
                        implementation of the railway crossings 
                        program.'';
            (8) in subsection (j)--
                    (A) in the heading by inserting ``and Pedestrian'' 
                after ``Bicycle''; and
                    (B) by inserting ``and pedestrian'' after 
                ``bicycle''; and
            (9) in subsection (l)--
                    (A) in paragraph (1) by striking ``Not later than'' 
                and all that follows through ``each State'' and 
                inserting ``Not later than 6 months after a new railway 
                crossing becomes operational, each State''; and
                    (B) in paragraph (2) by striking ``On a periodic'' 
                and all that follows through ``every year thereafter'' 
                and inserting ``On or before September 30 of each 
                year''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by amending the item relating to section 
130 to read as follows:

``130. Railway crossings.''.
    (c) GAO Study.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report that includes an analysis of the effectiveness of 
the railway crossing program under section 130 of title 23, United 
States Code.
    (d) Sense of Congress Relating to Trespasser Deaths Along Railroad 
Rights-of-Way.--It is the sense of Congress that the Department of 
Transportation should, where feasible, coordinate departmental efforts 
to prevent or reduce trespasser deaths along railroad rights-of-way and 
at or near railway-highway crossings.

SEC. 1205. SURFACE TRANSPORTATION PROGRAM.

    (a) In General.--Section 133 of title 23, United States Code, is 
amended--
            (1) in the heading by striking ``block grant'';
            (2) in subsection (a) by striking ``block grant'';
            (3) in subsection (b)--
                    (A) by striking ``block grant'';
                    (B) in paragraph (4) by striking ``railway-highway 
                grade crossings'' and inserting ``projects eligible 
                under section 130 and installation of safety barriers 
                and nets on bridges'';
                    (C) in paragraph (6)--
                            (i) by striking ``Recreational'' and 
                        inserting ``Transportation alternatives 
                        projects eligible under subsection (h), 
                        recreational''; and
                            (ii) by striking ``1404 of SAFETEA-LU (23 
                        U.S.C. 402 note)'' and inserting ``211'';
                    (D) in paragraph (12) by striking ``travel'' and 
                inserting ``transportation''; and
                    (E) by adding at the end the following:
            ``(16) Protective features (including natural 
        infrastructure and vegetation control and clearance) to enhance 
        the resilience of a transportation facility otherwise eligible 
        for assistance under this section.
            ``(17) Projects to reduce greenhouse gas emissions eligible 
        under section 171, including the installation of electric 
        vehicle charging infrastructure.
            ``(18) Projects and strategies to reduce vehicle-caused 
        wildlife mortality related to, or to restore and maintain 
        connectivity among terrestrial or aquatic habitats affected by, 
        a transportation facility otherwise eligible for assistance 
        under this section.
            ``(19) A surface transportation project carried out in 
        accordance with the national travel and tourism infrastructure 
        strategic plan under section 1431(e) of the FAST Act (49 U.S.C. 
        301 note).
            ``(20) roads in rural areas that primarily serve to 
        transport agricultural products from a farm or ranch to a 
        marketplace.
            ``(21) The removal, retrofit, repurposing, remediation, or 
        replacement of a highway or other transportation facility that 
        creates a barrier to community connectivity to improve access 
        for multiple modes of transportation.'';
            (4) in subsection (c)--
                    (A) by striking ``block grant'' and inserting 
                ``program'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) for a project described in--
                    ``(A) subsection (h); or
                    ``(B) section 101(a)(29), as in effect on the day 
                before the date of enactment of the FAST Act;'';
                    (C) by redesignating paragraph (4) as paragraph 
                (5); and
                    (D) by inserting after paragraph (3) the following:
            ``(4) for a project described in section 5308 of title 49; 
        and'';
            (5) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by inserting ``each fiscal year'' after 
                        ``apportioned to a State'';
                            (ii) by striking ``the reservation of'' and 
                        inserting ``setting aside''; and
                            (iii) in subparagraph (A)--
                                    (I) by striking ``the percentage 
                                specified in paragraph (6) for a fiscal 
                                year'' and inserting ``57 percent for 
                                fiscal year 2023, 58 percent for fiscal 
                                year 2024, 59 percent for fiscal year 
                                2025, and 60 percent for fiscal year 
                                2026'';
                                    (II) in clause (i) by striking ``of 
                                over'' and inserting ``greater than''; 
                                and
                                    (III) by striking clauses (ii) and 
                                (iii) and inserting the following:
                            ``(ii) in urbanized areas of the State with 
                        an urbanized area population greater than 
                        49,999 and less than 200,001;
                            ``(iii) in urban areas of the State with a 
                        population greater than 4,999 and less than 
                        50,000; and
                            ``(iv) in other areas of the State with a 
                        population less than 5,000; and'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Local coordination and consultation.--
                    ``(A) Coordination with metropolitan planning 
                organizations.--For purposes of paragraph (1)(A)(ii), a 
                State shall--
                            ``(i) establish a process to coordinate 
                        with all metropolitan planning organizations in 
                        the State that represent an urbanized area 
                        described in such paragraph; and
                            ``(ii) describe how funds described under 
                        paragraph (1)(A)(ii) will be allocated 
                        equitably among such urbanized areas during the 
                        period of fiscal years 2023 through 2026.
                    ``(B) Joint responsibility.--Each State and the 
                Secretary shall jointly ensure compliance with 
                subparagraph (A).
                    ``(C) Consultation with regional transportation 
                planning organizations.--For purposes of clauses (iii) 
                and (iv) of paragraph (1)(A), before obligating funding 
                attributed to an area with a population less than 
                50,000, a State shall consult with the regional 
                transportation planning organizations that represent 
                the area, if any.'';
                    (C) in the heading for paragraph (4) by striking 
                ``over 200,000'' and inserting ``greater than 
                200,000'';
                    (D) by striking paragraph (6) and inserting the 
                following:
            ``(6) Technical assistance.--
                    ``(A) In general.--The State and all metropolitan 
                planning organizations in the State that represent an 
                urbanized area with a population of greater than 
                200,000 may jointly establish a program to improve the 
                ability of applicants to deliver projects under this 
                subsection in an efficient and expeditious manner and 
                reduce the period of time between the selection of the 
                project and the obligation of funds for the project by 
                providing--
                            ``(i) technical assistance and training to 
                        applicants for projects under this subsection; 
                        and
                            ``(ii) funding for one or more full-time 
                        State, regional, or local government employee 
                        positions to administer this subsection.
                    ``(B) Eligible funds.--To carry out this paragraph, 
                a State or metropolitan planning organization may use 
                funds made available under paragraphs (2) or (6) of 
                section 104(b)
                    ``(C) Use of funds.--Amounts used under this 
                paragraph may be expended--
                            ``(i) directly by the State or metropolitan 
                        planning organization; or
                            ``(ii) through contracts with State 
                        agencies, private entities, or nonprofit 
                        organizations.'';
            (6) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) by striking ``over 200,000'' and 
                        inserting ``greater than 200,000''; and
                            (ii) by striking ``2016 through 2020'' and 
                        inserting ``2023 through 2026''; and
                    (B) by adding at the end the following:
            ``(3) Annual amounts.--To the extent practicable, each 
        State shall annually notify each affected metropolitan planning 
        organization as to the amount of obligation authority that will 
        be made available under paragraph (1) to each affected 
        metropolitan planning organization for the fiscal year.'';
            (7) by striking subsection (f) and inserting the following:
    ``(f) Bridges Not on Federal-Aid Highways.--
            ``(1) Definition of off-system bridge.--In this subsection, 
        the term `off-system bridge' means a bridge located on a public 
        road, other than a bridge on a Federal-aid highway.
            ``(2) Special rule.--
                    ``(A) Set aside.--Of the amounts apportioned to a 
                State for each fiscal year under this section other 
                than the amounts described in subparagraph (C), the 
                State shall obligate for activities described in 
                subsection (b)(2) (as in effect on the day before the 
                date of enactment of the FAST Act) for off-system 
                bridges an amount that is not less than 20 percent of 
                the amounts available to such State under this section 
                in fiscal year 2020, not including the amounts 
                described in subparagraph (C).
                    ``(B) Reduction of expenditures.--The Secretary, 
                after consultation with State and local officials, may 
                reduce the requirement for expenditures for off-system 
                bridges under subparagraph (A) with respect to the 
                State if the Secretary determines that the State has 
                inadequate needs to justify the expenditure.
                    ``(C) Limitations.--The following amounts shall not 
                be used for the purposes of meeting the requirements of 
                subparagraph (A):
                            ``(i) Amounts described in section 
                        133(d)(1)(A).
                            ``(ii) Amounts set aside under section 
                        133(h).
                            ``(iii) Amounts described in section 
                        505(a).
            ``(3) Credit for bridges not on federal-aid highways.--
        Notwithstanding any other provision of law, with respect to any 
        project not on a Federal-aid highway for the replacement of a 
        bridge or rehabilitation of a bridge that is wholly funded from 
        State and local sources, is eligible for Federal funds under 
        this section, is certified by the State to have been carried 
        out in accordance with all standards applicable to such 
        projects under this section, and is determined by the Secretary 
        upon completion to be no longer a deficient bridge--
                    ``(A) any amount expended after the date of 
                enactment of this subsection from State and local 
                sources for the project in excess of 20 percent of the 
                cost of construction of the project may be credited to 
                the non-Federal share of the cost of other bridge 
                projects in the State that are eligible for Federal 
                funds under this section; and
                    ``(B) that crediting shall be conducted in 
                accordance with procedures established by the 
                Secretary.''; and
            (8) in subsection (g)--
                    (A) in the heading by striking ``5,000'' and 
                inserting ``50,000''; and
                    (B) in paragraph (1) by striking ``subsection 
                (d)(1)(A)(ii)'' and all that follows through the period 
                at the end and inserting ``clauses (iii) and (iv) of 
                subsection (d)(1)(A) for each fiscal year may be 
                obligated on roads functionally classified as rural 
                minor collectors or local roads or on critical rural 
                freight corridors designated under section 167(e).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
133 and inserting the following:

``133. Surface transportation program.''.
    (c) Conforming Amendments.--
            (1) Advance acquisition of real property.--Section 108(c) 
        of title 23, United States Code, is amended--
                    (A) in paragraph (2)(A) by striking ``block 
                grant''; and
                    (B) in paragraph (3) by striking ``block grant''.
            (2) Public transportation.--Section 142(e)(2) of title 23, 
        United States Code, is amended by striking ``block grant''.
            (3) Highway use tax evasion projects.--Section 143(b)(8) of 
        title 23, United States Code, is amended in the heading by 
        striking ``block grant''.
            (4) Congestion mitigation and air quality improvement 
        program.--Section 149(d) of title 23, United States Code, is 
        amended--
                    (A) in paragraph (1)(B) by striking ``block 
                grant''; and
                    (B) in paragraph (2)(A) by striking ``block 
                grant''.
            (5) Territorial and puerto rico highway program.--Section 
        165 of title 23, United States Code, is amended--
                    (A) in subsection (b)(2)(A)(ii) by striking ``block 
                grant'' each time such term appears; and
                    (B) in subsection (c)(6)(A)(i) by striking ``block 
                grant''.
            (6) Magnetic levitation transportation technology 
        deployment program.--Section 322(h)(3) of title 23, United 
        States Code, is amended by striking ``block grant''.
            (7) Training and education.--Section 504(a)(4) of title 23, 
        United States Code, is amended by striking ``block grant''.

SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.

    Section 133(h) of title 23, United States Code, is amended to read 
as follows:
    ``(h) Transportation Alternatives Program Set-Aside.--
            ``(1) Set aside.--For each fiscal year, of the total funds 
        apportioned to all States under section 104(b)(2) for a fiscal 
        year, the Secretary shall set aside an amount such that--
                    ``(A) the Secretary sets aside a total amount under 
                this subsection for a fiscal year equal to 10 percent 
                of such total funds; and
                    ``(B) the State's share of the amount set aside 
                under subparagraph (A) is determined by multiplying the 
                amount set aside under subparagraph (A) by the ratio 
                that--
                            ``(i) the amount apportioned to the State 
                        for the transportation enhancement program for 
                        fiscal year 2009 under section 133(d)(2), as in 
                        effect on the day before the date of enactment 
                        of MAP-21; bears to
                            ``(ii) the total amount of funds 
                        apportioned to all States for the 
                        transportation enhancements program for fiscal 
                        year 2009.
            ``(2) Allocation within a state.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), funds set aside for a State under 
                paragraph (1) shall be obligated within that State in 
                the manner described in subsections (d) and (e), except 
                that, for purposes of this paragraph (after funds are 
                made available under paragraph (5))--
                            ``(i) for each fiscal year, the percentage 
                        referred to in paragraph (1)(A) of subsection 
                        (d) shall be deemed to be 66 percent; and
                            ``(ii) paragraph (3) of subsection (d) 
                        shall not apply.
                    ``(B) Local control.--
                            ``(i) In general.--A State may make 
                        available up to 100 percent of the funds set 
                        aside under paragraph (1) to the entities 
                        described in subclause (I) if the State submits 
                        to the Secretary, and the Secretary approves, a 
                        plan that describes--
                                    ``(I) how such funds shall be made 
                                available to metropolitan planning 
                                organizations, regional transportation 
                                planning organizations, counties, or 
                                other regional transportation 
                                authorities;
                                    ``(II) how the entities described 
                                in subclause (I) shall select projects 
                                for funding and how such entities shall 
                                report selected projects to the State;
                                    ``(III) the legal, financial, and 
                                technical capacity of such entities; 
                                and
                                    ``(IV) the procedures in place to 
                                ensure such entities comply with the 
                                requirements of this title.
                            ``(ii) Requirement.--A State that makes 
                        funding available under a plan approved under 
                        this subparagraph shall make available an 
                        equivalent amount of obligation authority to an 
                        entity described in clause (i)(I) to whom funds 
                        are made available under this subparagraph.
            ``(3) Eligible projects.--Funds set aside under this 
        subsection may be obligated for any of the following projects 
        or activities:
                    ``(A) Construction, planning, and design of on-road 
                and off-road trail facilities for pedestrians, 
                bicyclists, and other nonmotorized forms of 
                transportation, including sidewalks, bicycle 
                infrastructure, pedestrian and bicycle signals, traffic 
                calming techniques, lighting and other safety-related 
                infrastructure, and transportation projects to achieve 
                compliance with the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.).
                    ``(B) Construction, planning, and design of 
                infrastructure-related projects and systems that will 
                provide safe routes for nondrivers, including children, 
                older adults, and individuals with disabilities to 
                access daily needs.
                    ``(C) Conversion and use of abandoned railroad 
                corridors for trails for pedestrians, bicyclists, or 
                other nonmotorized transportation users.
                    ``(D) Construction of turnouts, overlooks, and 
                viewing areas.
                    ``(E) Community improvement activities, including--
                            ``(i) inventory, control, or removal of 
                        outdoor advertising;
                            ``(ii) historic preservation and 
                        rehabilitation of historic transportation 
                        facilities;
                            ``(iii) vegetation management practices in 
                        transportation rights-of-way to improve roadway 
                        safety, prevent against invasive species, 
                        facilitate wildfire control, and provide 
                        erosion control; and
                            ``(iv) archaeological activities relating 
                        to impacts from implementation of a 
                        transportation project eligible under this 
                        title.
                    ``(F) Any environmental mitigation activity, 
                including pollution prevention and pollution abatement 
                activities and mitigation to address stormwater 
                management, control, and water pollution prevention or 
                abatement related to highway construction or due to 
                highway runoff, including activities described in 
                sections 328(a) and 329.
                    ``(G) Projects and strategies to reduce vehicle-
                caused wildlife mortality related to, or to restore and 
                maintain connectivity among terrestrial or aquatic 
                habitats affected by, a transportation facility 
                otherwise eligible for assistance under this 
                subsection.
                    ``(H) The recreational trails program under section 
                206.
                    ``(I) The safe routes to school program under 
                section 211.
                    ``(J) Activities in furtherance of a vulnerable 
                road user assessment described in section 148.
                    ``(K) Any other projects or activities described in 
                section 101(a)(29) or section 213, as such sections 
                were in effect on the day before the date of enactment 
                of the FAST Act (Public Law 114-94).
            ``(4) Access to funds.--
                    ``(A) In general.--A State, metropolitan planning 
                organization required to obligate funds in accordance 
                with paragraph (2)(A), or an entity required to 
                obligate funds in accordance with paragraph (2)(B) 
                shall develop a competitive process to allow eligible 
                entities to submit projects for funding that achieve 
                the objectives of this subsection. A metropolitan 
                planning organization for an area described in 
                subsection (d)(1)(A)(i) shall select projects under 
                such process in consultation with the relevant State.
                    ``(B) Priority.--The processes described in 
                subparagraph (A) shall prioritize project location and 
                impact in low-income, transit-dependent, or other high-
                need areas.
                    ``(C) Eligible entity defined.--In this paragraph, 
                the term `eligible entity' means--
                            ``(i) a local government, including a 
                        county or multi-county special district;
                            ``(ii) a regional transportation authority;
                            ``(iii) a transit agency;
                            ``(iv) a natural resource or public land 
                        agency;
                            ``(v) a school district, local education 
                        agency, or school;
                            ``(vi) a tribal government;
                            ``(vii) a metropolitan planning 
                        organization that serves an urbanized area with 
                        a population of 200,000 or fewer;
                            ``(viii) a nonprofit organization carrying 
                        out activities related to transportation;
                            ``(ix) any other local or regional 
                        governmental entity with responsibility for or 
                        oversight of transportation or recreational 
                        trails (other than a metropolitan planning 
                        organization that serves an urbanized area with 
                        a population of over 200,000 or a State agency) 
                        that the State determines to be eligible, 
                        consistent with the goals of this subsection; 
                        and
                            ``(x) a State, at the request of any entity 
                        listed in clauses (i) through (ix).
            ``(5) Continuation of certain recreational trails 
        projects.--
                    ``(A) In general.--For each fiscal year, a State 
                shall--
                            ``(i) obligate an amount of funds set aside 
                        under this subsection equal to 175 percent of 
                        the amount of the funds apportioned to the 
                        State for fiscal year 2009 under section 
                        104(h)(2), as in effect on the day before the 
                        date of enactment of MAP-21, for projects 
                        relating to recreational trails under section 
                        206;
                            ``(ii) return 1 percent of the funds 
                        described in clause (i) to the Secretary for 
                        the administration of such program; and
                            ``(iii) comply with the provisions of the 
                        administration of the recreational trails 
                        program under section 206, including the use of 
                        apportioned funds described in subsection 
                        (d)(3)(A) of such section.
                    ``(B) State flexibility.--A State may opt out of 
                the recreational trails program under this paragraph if 
                the Governor of the State notifies the Secretary not 
                later than 30 days prior to the date on which an 
                apportionment is made under section 104 for any fiscal 
                year.
            ``(6) Improving accessibility and efficiency.--
                    ``(A) In general.--A State may use an amount equal 
                to not more than 5 percent of the funds set aside for 
                the State under this subsection, after allocating funds 
                in accordance with paragraph (2)(A), to improve the 
                ability of applicants to access funding for projects 
                under this subsection in an efficient and expeditious 
                manner by providing--
                            ``(i) to applicants for projects under this 
                        subsection application assistance, technical 
                        assistance, and assistance in reducing the 
                        period of time between the selection of the 
                        project and the obligation of funds for the 
                        project; and
                            ``(ii) funding for one or more full-time 
                        State employee positions to administer this 
                        subsection.
                    ``(B) Use of funds.--Amounts used under 
                subparagraph (A) may be expended--
                            ``(i) directly by the State; or
                            ``(ii) through contracts with State 
                        agencies, private entities, or nonprofit 
                        entities.
                    ``(C) Improving project delivery.--
                            ``(i) In general.--The Secretary shall take 
                        such action as may be necessary, consistent 
                        with Federal requirements, to facilitate 
                        efficient and timely delivery of projects under 
                        this subsection that are small, low impact, and 
                        constructed within an existing built 
                        environment.
                            ``(ii) Considerations.--The Secretary shall 
                        consider the use of programmatic agreements, 
                        expedited or alternative procurement processes 
                        (including project bundling), and other 
                        effective practices to facilitate the goals of 
                        this paragraph.
            ``(7) Federal share.--
                    ``(A) Flexible match.--
                            ``(i) In general.--Notwithstanding section 
                        120--
                                    ``(I) the non-Federal share for a 
                                project under this subsection may be 
                                calculated on a project, multiple-
                                project, or program basis; and
                                    ``(II) the Federal share of the 
                                cost of an individual project in this 
                                subsection may be up to 100 percent.
                            ``(ii) Aggregate non-federal share.--The 
                        average annual non-Federal share of the total 
                        cost of all projects for which funds are 
                        obligated under this subsection in a State for 
                        a fiscal year shall be not less than the non-
                        Federal share authorized for the State under 
                        section 120.
                            ``(iii) Requirement.--This subparagraph 
                        shall only apply to a State if such State has 
                        adequate financial controls, as certified by 
                        the Secretary, to account for the average 
                        annual non-Federal share under this 
                        subparagraph.
                    ``(B) Safety projects.--Notwithstanding section 
                120, funds made available to carry out section 148 may 
                be credited toward the non-Federal share of the costs 
                of a project under this subsection if the project--
                            ``(i) is a project described in section 
                        148(e)(1); and
                            ``(ii) is consistent with the State 
                        strategic highway safety plan (as defined in 
                        section 148(a)).
            ``(8) Flexibility.--
                    ``(A) State authority.--
                            ``(i) In general.--A State may use not more 
                        than 50 percent of the funds set aside under 
                        this subsection that are available for 
                        obligation in any area of the State 
                        (suballocated consistent with the requirements 
                        of subsection (d)(1)(B)) for any purpose 
                        eligible under subsection (b).
                            ``(ii) Restriction.--Funds may be used as 
                        described in clause (i) only if the State 
                        demonstrates to the Secretary--
                                    ``(I) that the State held a 
                                competition in compliance with the 
                                requirements of this subsection in such 
                                form as the Secretary determines 
                                appropriate;
                                    ``(II) that the State offered 
                                technical assistance to all eligible 
                                entities and provided such assistance 
                                upon request by an eligible entity; and
                                    ``(III) that there were not 
                                sufficient suitable applications from 
                                eligible entities to use the funds 
                                described in clause (i).
                    ``(B) MPO authority.--
                            ``(i) In general.--A metropolitan planning 
                        organization that represents an urbanized area 
                        with a population of greater than 200,000 may 
                        use not more than 50 percent of the funds set 
                        aside under this subsection for an urbanized 
                        area described in subsection (d)(1)(A)(i) for 
                        any purpose eligible under subsection (b).
                            ``(ii) Restriction.--Funds may be used as 
                        described in clause (i) only if the Secretary 
                        certifies that the metropolitan planning 
                        organization--
                                    ``(I) held a competition in 
                                compliance with the requirements of 
                                this subsection in such form as the 
                                Secretary determines appropriate; and
                                    ``(II) demonstrates that there were 
                                not sufficient suitable applications 
                                from eligible entities to use the funds 
                                described in clause (i).
            ``(9) Annual reports.--
                    ``(A) In general.--Each State or metropolitan 
                planning organization responsible for carrying out the 
                requirements of this subsection shall submit to the 
                Secretary an annual report that describes--
                            ``(i) the number of project applications 
                        received for each fiscal year, including--
                                    ``(I) the aggregate cost of the 
                                projects for which applications are 
                                received; and
                                    ``(II) the types of projects by 
                                eligibility category to be carried out, 
                                expressed as percentages of the total 
                                apportionment of the State under this 
                                subsection; and
                            ``(ii) the list of each project selected 
                        for funding for each fiscal year, including 
                        specifying the fiscal year for which the 
                        project was selected, the fiscal year in which 
                        the project is anticipated to be funded, the 
                        recipient, the funding sources (including non-
                        Federal match), the project status, the 
                        specific location, the congressional district, 
                        the type by eligibility category, and a brief 
                        description.
                    ``(B) Public availability.--The Secretary shall 
                make available to the public, in a user-friendly format 
                on the website of the Department of Transportation, a 
                copy of each annual report submitted under subparagraph 
                (A).''.

SEC. 1207. BRIDGE INVESTMENT.

    (a) In General.--Section 144 of title 23, United States Code, is 
amended--
            (1) in the section heading by striking ``National bridge 
        and tunnel inventory and inspection standards'' and inserting 
        ``Bridges and tunnels'';
            (2) in subsection (a)(1)(B) by striking ``deficient'';
            (3) in subsection (b)(5) by striking ``structurally 
        deficient bridge'' and inserting ``bridge classified as in poor 
        condition'';
            (4) in subsection (d)--
                    (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of the MAP-21, each'' 
                and inserting ``Each''; and
                    (B) by striking paragraph (4);
            (5) in subsection (j)--
                    (A) in paragraph (2) by inserting ``, 124,'' after 
                ``section 119'';
                    (B) in paragraph (3)(A) by inserting ``, 124,'' 
                after ``section 119''; and
                    (C) in paragraph (5) by striking ``financial 
                characteristics'' and all that follows through the end 
                and inserting ``Federal share.''; and
            (6) by adding at the end the following:
    ``(l) Highway Bridge Replacement and Rehabilitation.--
            ``(1) Goals.--The goals of this subsection shall be to--
                    ``(A) support the achievement of a state of good 
                repair for the Nation's bridges;
                    ``(B) improve the safety, efficiency, and 
                reliability of the movement of people and freight over 
                bridges; and
                    ``(C) improve the condition of bridges in the 
                United States by reducing--
                            ``(i) the number of bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at 
                                risk of falling into poor condition;
                            ``(ii) the total person miles traveled over 
                        bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at 
                                risk of falling into poor condition;
                            ``(iii) the number of bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network; and
                            ``(iv) the total person miles traveled over 
                        bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network.
            ``(2) Bridges on public roads.--
                    ``(A) Minimum bridge investment.--Excluding the 
                amounts described in subparagraph (C), of the total 
                funds apportioned to a State under paragraphs (1) and 
                (2) of section 104(b) for fiscal years 2023 to 2026, a 
                State shall obligate not less than 20 percent for 
                projects described in subparagraph (E).
                    ``(B) Program flexibility.--A State required to 
                obligate funds under subparagraph (A) may use any 
                combination of funds apportioned to a State under 
                paragraphs (1) and (2) of section 104(b).
                    ``(C) Limitation.--Amounts described below may not 
                be used for the purposes of calculating or meeting the 
                minimum bridge investment requirement under 
                subparagraph (A)--
                            ``(i) amounts described in section 
                        133(d)(1)(A);
                            ``(ii) amounts set aside under section 
                        133(h); and
                            ``(iii) amounts described in section 
                        505(a).
                    ``(D) Rule of construction.--Nothing in this 
                section shall be construed to prohibit the expenditure 
                of funds described in subparagraph (C) for bridge 
                projects eligible under such section.
                    ``(E) Eligible projects.--Funds required to be 
                obligated in accordance with paragraph (2)(A) may be 
                obligated for projects or activities that--
                            ``(i) are otherwise eligible under either 
                        section 119 or section 133, as applicable;
                            ``(ii) support the achievement of 
                        performance targets of the State established 
                        under section 150, are consistent with the 
                        transportation asset management plan of the 
                        State, or provide support for the condition and 
                        performance of bridges on public roads within 
                        the State; and
                            ``(iii) remove, replace, reconstruct, 
                        rehabilitate, preserve, or protect a bridge 
                        included on the national bridge inventory 
                        authorized by subsection (b), including 
                        through--
                                    ``(I) seismic retrofits;
                                    ``(II) systematic preventive 
                                maintenance;
                                    ``(III) installation of scour 
                                countermeasures;
                                    ``(IV) the use of innovative 
                                materials that extend the service life 
                                of the bridge and reduce preservation 
                                costs, as compared to conventionally 
                                designed and constructed bridges;
                                    ``(V) the use of nontraditional 
                                production techniques, including 
                                factory prefabrication;
                                    ``(VI) painting for purposes of 
                                bridge protection;
                                    ``(VII) application of calcium 
                                magnesium acetate, sodium acetate/
                                formate, or other environmentally 
                                acceptable, minimally corrosive anti-
                                icing and deicing compositions;
                                    ``(VIII) corrosion control;
                                    ``(IX) construction of protective 
                                features (including natural 
                                infrastructure) alone or in combination 
                                with other activities eligible under 
                                this paragraph to enhance resilience of 
                                a bridge;
                                    ``(X) bridge security 
                                countermeasures;
                                    ``(XI) impact protection measures 
                                for bridges;
                                    ``(XII) inspection and evaluation 
                                of bridges;
                                    ``(XIII) training for bridge 
                                inspectors consistent with subsection 
                                (i); and
                                    ``(XIV) removal of a bridge 
                                classified as in poor condition in 
                                order to improve community 
                                connectivity.
                    ``(F) Bundles of projects.--A State may use a 
                bundle of projects as described in subsection (j) to 
                satisfy the requirements of subparagraph (A), if each 
                project in the bundle is otherwise eligible under 
                subparagraph (E).
                    ``(G) Flexibility.--The Secretary may, at the 
                request of a State, reduce the required obligation 
                under subparagraph (A) if--
                            ``(i) the reduction is consistent with a 
                        State's asset management plan for the National 
                        Highway System;
                            ``(ii) the reduction will not limit a 
                        State's ability to meet its performance targets 
                        under section 150 or to improve the condition 
                        and performance of bridges on public roads 
                        within the State; and
                            ``(iii) the State demonstrates that it has 
                        inadequate needs to justify the expenditure.
                    ``(H) Bridge investment report.--The Secretary 
                shall annually publish on the website of the Department 
                of Transportation a bridge investment report that 
                includes--
                            ``(i) the total Federal funding obligated 
                        for bridge projects in the most recent fiscal 
                        year, on a State-by-State basis and broken out 
                        by Federal program;
                            ``(ii) the total Federal funding obligated, 
                        on a State-by-State basis and broken out by 
                        Federal program, for bridge projects carried 
                        out pursuant to the minimum bridge investment 
                        requirements under subparagraph (A);
                            ``(iii) the progress made by each State 
                        toward meeting the minimum bridge investment 
                        requirement under subparagraph (A) for such 
                        State, both cumulatively and for the most 
                        recent fiscal year;
                            ``(iv) a summary of--
                                    ``(I) each request made under 
                                subparagraph (G) by a State for a 
                                reduction in the minimum bridge 
                                investment requirement under 
                                subparagraph (A); and
                                    ``(II) for each request described 
                                in subclause (I) that is granted by the 
                                Secretary--
                                            ``(aa) the percentage and 
                                        dollar amount of the reduction; 
                                        and
                                            ``(bb) an explanation of 
                                        how the State met each of the 
                                        criteria described in 
                                        subparagraph (G); and
                            ``(v) a summary of--
                                    ``(I) each request made by a State 
                                for a reduction in the obligation 
                                requirements under section 133(f); and
                                    ``(II) for each request that is 
                                granted by the Secretary--
                                            ``(aa) the percentage and 
                                        dollar amount of the reduction; 
                                        and
                                            ``(bb) an explanation of 
                                        how the Secretary made the 
                                        determination under section 
                                        133(f)(2)(B).
                    ``(I) Off-system bridges.--A State may apply 
                amounts obligated under this subsection or section 
                133(f)(2)(A) to the obligation requirements of both 
                this subsection and section 133(f).
                    ``(J) NHS penalty.--A State may apply amounts 
                obligated under this subsection or section 119(f)(2) to 
                the obligation requirements of both this subsection and 
                section 119(f)(2).
                    ``(K) Compliance.--If a State fails to satisfy the 
                requirements of subparagraph (A) by the end of fiscal 
                year 2025, the Secretary may subject the State to 
                appropriate program sanctions under section 1.36 of 
                title 23, Code of Federal Regulations (or successor 
                regulations).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
144 and inserting the following:

``144. Bridges and tunnels.''.

SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

    Section 147 of title 23, United States Code, is amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsections (i) and (j) as subsections 
        (h) and (i), respectively.

SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) In General.--Section 148 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(B)--
                            (i) by striking ``only includes a project'' 
                        and inserting ``includes a project'';
                            (ii) in clause (xiii) by inserting ``, 
                        including the development of a vulnerable road 
                        user safety assessment or a vision zero plan 
                        under section 1601 of the INVEST in America 
                        Act'' after ``safety planning'';
                            (iii) by amending clause (xviii) to read as 
                        follows:
                            ``(xviii) Safe routes to school 
                        infrastructure-related projects eligible under 
                        section 211.'';
                            (iv) in clause (xxvi) by inserting ``or 
                        leading pedestrian intervals'' after ``hybrid 
                        beacons''; and
                            (v) by striking clause (xxviii) and 
                        inserting the following:
                            ``(xxviii) A pedestrian security feature 
                        designed to slow or stop a motor vehicle.
                            ``(xxix) Installation of infrastructure 
                        improvements, including sidewalks, crosswalks, 
                        signage, and bus stop shelters or protected 
                        waiting areas.'';
                    (B) in paragraph (11)--
                            (i) in subparagraph (A)--
                                    (I) in clause (ix) by striking 
                                ``and'' at the end;
                                    (II) by redesignating clause (x) as 
                                clause (xi); and
                                    (III) by inserting after clause 
                                (ix) the following:
                            ``(x) State or local representatives of 
                        educational agencies to address safe routes to 
                        school and schoolbus safety; and'';
                            (ii) in subparagraph (E) by inserting 
                        ``Tribal,'' after ``State,'';
                            (iii) by redesignating subparagraphs (G), 
                        (H), and (I) as subparagraphs (H), (I), and 
                        (J), respectively; and
                            (iv) by inserting after subparagraph (F) 
                        the following:
                    ``(G) includes a vulnerable road user safety 
                assessment described under paragraph (16);'';
                    (C) by redesignating paragraphs (10), (11), and 
                (12) as paragraphs (12), (13), and (14), respectively;
                    (D) by inserting after paragraph (9) the following:
            ``(10) Safe system approach.--The term `safe system 
        approach' means a roadway design that emphasizes minimizing the 
        risk of injury or fatality to road users and that--
                    ``(A) takes into consideration the possibility and 
                likelihood of human error;
                    ``(B) accommodates human injury tolerance by taking 
                into consideration likely crash types, resulting impact 
                forces, and the human body's ability to withstand such 
                forces; and
                    ``(C) takes into consideration vulnerable road 
                users.
            ``(11) Specified safety project.--
                    ``(A) In general.--The term `specified safety 
                project' means a project carried out for the purpose of 
                safety under any other section of this title that is 
                consistent with the State strategic highway safety 
                plan.
                    ``(B) Inclusion.--The term `specified safety 
                project' includes a project that--
                            ``(i) promotes public awareness and informs 
                        the public regarding highway safety matters 
                        (including safety for motorcyclists, 
                        bicyclists, pedestrians, individuals with 
                        disabilities, and other road users);
                            ``(ii) facilitates enforcement of traffic 
                        safety laws;
                            ``(iii) provides infrastructure and 
                        infrastructure-related equipment to support 
                        emergency services;
                            ``(iv) conducts safety-related research to 
                        evaluate experimental safety countermeasures or 
                        equipment; or
                            ``(v) supports safe routes to school 
                        noninfrastructure-related activities described 
                        under section 211(e)(2).''; and
                    (E) by adding at the end the following:
            ``(15) Transportation management area.--The term 
        `transportation management area' means an area designated under 
        section 134(k).
            ``(16) Vulnerable road user.--The term `vulnerable road 
        user' means a nonmotorist--
                    ``(A) with a fatality analysis reporting system 
                person attribute code that is included in the 
                definition of the term `number of non-motorized 
                fatalities' in section 490.205 of title 23, Code of 
                Federal Regulations (or successor regulation); or
                    ``(B) described in the term `number of non-
                motorized serious injuries' in such section.
            ``(17) Vulnerable road user safety assessment.--The term 
        `vulnerable road user safety assessment' means an assessment of 
        the safety performance of the State or a metropolitan planning 
        organization within the State with respect to vulnerable road 
        users and the plan of the State or metropolitan planning 
        organization to improve the safety of vulnerable road users 
        described in subsection (l).'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``(a)(11)'' and 
                inserting ``(a)(13)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)(vi) by inserting 
                        ``, consistent with the vulnerable road user 
                        safety assessment'' after ``nonmotorized 
                        crashes'';
                            (ii) in subparagraph (B)(i)--
                                    (I) by inserting ``, consistent 
                                with a safe system approach,'' after 
                                ``identify'';
                                    (II) by inserting ``excessive 
                                design speeds and speed limits,'' after 
                                ``crossing needs,''; and
                                    (III) by striking ``motorists 
                                (including motorcyclists), bicyclists, 
                                pedestrians, and other highway users'' 
                                and inserting ``road users''; and
                            (iii) in subparagraph (D)(iii) by striking 
                        ``motorists (including motorcyclists), 
                        bicyclists, pedestrians, persons with 
                        disabilities, and other highway users'' and 
                        inserting ``road users'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by striking ``Not 
                        later than 1 year after the date of enactment 
                        of the MAP-21, the'' and inserting ``The''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (iv) by inserting 
                                ``and serious injury'' after 
                                ``fatality'';
                                    (II) in clause (vii) by striking 
                                ``; and'' and inserting a semicolon;
                                    (III) by redesignating clause 
                                (viii) as clause (ix); and
                                    (IV) by inserting after clause 
                                (vii) the following:
                            ``(viii) the findings of a vulnerable road 
                        user safety assessment of the State; and''; and
                    (B) in paragraph (2)(B)(i) by striking ``subsection 
                (a)(11)'' and inserting ``subsection (a)(13)'';
            (4) in subsection (e)--
                    (A) in paragraph (1)(C) by striking ``, without 
                regard to whether the project is included in an 
                applicable State strategic highway safety plan''; and
                    (B) by adding at the end the following:
            ``(3) Flexible funding for specified safety projects.--
                    ``(A) In general.--To advance the implementation of 
                a State strategic highway safety plan, a State may use 
                not more than 10 percent of the amounts apportioned to 
                the State under section 104(b)(3) for a fiscal year to 
                carry out specified safety projects.
                    ``(B) Rule of statutory construction.--Nothing in 
                this paragraph shall be construed to require a State to 
                revise any State process, plan, or program in effect on 
                the date of enactment of this paragraph.
                    ``(C) Effect of paragraph.--
                            ``(i) Requirements.--A project funded under 
                        this paragraph shall be subject to all 
                        requirements under this section that apply to a 
                        highway safety improvement project.
                            ``(ii) Other apportioned programs.--
                        Subparagraph (A) shall not apply to amounts 
                        that may be obligated for noninfrastructure 
                        projects apportioned under any other paragraph 
                        of section 104(b).'';
            (5) in subsection (g)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) High-risk rural road safety.--
                    ``(A) In general.--If the Secretary determines that 
                the fatality rate on rural roads in a State for the 
                most recent 2-year period for which data are available 
                exceeds the median fatality rate for rural roads among 
                all States, such State shall be required to--
                            ``(i) obligate over the 2 fiscal years 
                        following the fiscal year in which such 
                        determination is made for projects on high-risk 
                        rural roads an amount not less than 7.5 percent 
                        of the amounts apportioned to the State under 
                        section 104(b)(3) for fiscal year 2020; and
                            ``(ii) include, in the subsequent update to 
                        the State strategic highway safety plan, 
                        strategies to reduce the fatality rate.
                    ``(B) Source of funds.--Any amounts obligated under 
                subparagraph (A) shall be from amounts described under 
                section 133(d)(1)(B).
                    ``(C) Annual determination.--The determination 
                described under subparagraph (A) shall be made on an 
                annual basis.
                    ``(D) Consultation.--In carrying out a project with 
                an amount obligated under subparagraph (A), a State 
                shall consult with, as applicable, local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations.'';
                    (B) in paragraph (2)--
                            (i) in the heading by striking ``drivers'' 
                        and inserting ``road users'';
                            (ii) by striking ``drivers and 
                        pedestrians'' and inserting ``road users''; and
                            (iii) by striking ``address the increases 
                        in'' and inserting ``reduce''; and
                    (C) by adding at the end the following:
            ``(3) Vulnerable road user safety.--
                    ``(A) High risk states.--
                            ``(i) Annual determination.--Beginning on 
                        the date of enactment of the INVEST in America 
                        Act, the Secretary shall determine on an annual 
                        basis whether the number of vulnerable road 
                        user fatalities and serious injuries per capita 
                        in a State over the most recent 2-year period 
                        for which data are available exceeds the median 
                        number fatalities in all such areas over such 
                        2-year period.
                            ``(ii) Obligation requirement.--If the 
                        Secretary determines that the number of 
                        vulnerable road user fatalities and serious 
                        injuries per capita in a State over the most 
                        recent 2-year period for which data are 
                        available exceeds the median number of such 
                        fatalities and serious injuries per capita over 
                        such 2-year period among all States, that State 
                        shall be required to obligate over the 2 fiscal 
                        years following the fiscal year in which such 
                        determination is made an amount that is not 
                        less than 50 percent of the amount set aside in 
                        such State under section 133(h)(1) for fiscal 
                        year 2020 (less any amounts obligated for 
                        projects in that State as required by 
                        subparagraph (B)(ii)) for--
                                    ``(I) in the first two fiscal years 
                                after the enactment of the INVEST in 
                                America Act--
                                            ``(aa) performing the 
                                        vulnerable road user safety 
                                        assessment as required by 
                                        subsection (l);
                                            ``(bb) providing matching 
                                        funds for transportation 
                                        alternatives safety projects as 
                                        identified in section 
                                        133(h)(7)(B); or
                                            ``(cc) projects eligible 
                                        under subparagraphs (A), (B), 
                                        (C), or (I) of section 133(h); 
                                        and
                                    ``(II) in each 2-year period 
                                thereafter, projects identified in the 
                                program of projects described in 
                                subsection (l)(2)(C).
                    ``(B) High risk areas.--
                            ``(i) Annual determination.--The Secretary 
                        shall determine on an annual basis whether the 
                        number of vulnerable road user fatalities per 
                        capita in a transportation management area over 
                        the most recent 2-year period for which data 
                        are available exceeds the median number 
                        fatalities in all such areas over such 2-year 
                        period.
                            ``(ii) Obligation requirement.--If the 
                        Secretary determines that the number of 
                        vulnerable road user fatalities per capita in 
                        the transportation management area over the 
                        most recent 2-year period for which data are 
                        available exceeds the median number of such 
                        fatalities over such 2-year period among all 
                        such areas, then there shall be required to be 
                        obligated over the 2 fiscal years following the 
                        fiscal year in which such determination is 
                        made, for projects identified in the program of 
                        projects described in subsection (l)(7)(C), an 
                        amount that is not less than 50 percent of the 
                        amount set aside for that urbanized area under 
                        section 133(h)(2) for fiscal year 2020.
                            ``(iii) Applicability.--The obligation 
                        requirement described in clause (ii) shall not 
                        take effect until the subject metropolitan 
                        planning organization has developed the 
                        vulnerable road user safety assessment 
                        described in subsection (l)(7).
                    ``(C) Source of funds.--
                            ``(i) In general.--Any amounts required to 
                        be obligated under this paragraph shall be from 
                        amounts apportioned under section 104(b) except 
                        for--
                                    ``(I) amounts described in section 
                                133(d)(1)(A); and
                                    ``(II) amounts set aside under 
                                section 133(h).
                            ``(ii) Areas in a high risk state.--If an 
                        area subject to the obligation requirement 
                        described in subparagraph (B)(ii) is located in 
                        a State required to obligate funds to 
                        vulnerable road user safety under subparagraph 
                        (A)(ii), any obligations in such State for 
                        projects identified in the program of projects 
                        described in subsection (l)(7)(C) shall count 
                        toward such State's obligation requirement 
                        under subparagraph (A)(ii).'';
            (6) in subsection (h)(1)(A)--
                    (A) by inserting ``, including any efforts to 
                reduce vehicle speed'' after ``under this section''; 
                and
                    (B) by inserting ``and projects identified under a 
                vulnerable road user safety assessment'' after 
                ``projects''; and
            (7) by adding at the end the following:
    ``(l) Vulnerable Road User Safety Assessment.--
            ``(1) In general.--Not later than 1 year after date of 
        enactment of the INVEST in America Act, each State shall create 
        a vulnerable road user safety assessment.
            ``(2) Contents.--A vulnerable road user safety assessment 
        required under paragraph (1) shall include--
                    ``(A) a description of the location within the 
                State of each vulnerable road user fatality and serious 
                injury, including, if available, the design speed of 
                the roadway at any such location;
                    ``(B) a description of any corridors identified by 
                a State, in coordination with local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations that pose a high 
                risk of a vulnerable road user fatality or serious 
                injury, including, if available, the design speeds of 
                such corridors; and
                    ``(C) a program of projects or strategies to reduce 
                safety risks to vulnerable road users in corridors 
                identified under subparagraph (B), in coordination with 
                local governments, metropolitan planning organizations, 
                and regional transportation planning organizations that 
                represent a high-risk area identified under 
                subparagraph (B).
            ``(3) Analysis.--In creating a vulnerable road user safety 
        assessment under this subsection, a State shall assess the last 
        5 years of available data.
            ``(4) Requirements.--In creating a vulnerable road user 
        safety assessment under this subsection, a State shall--
                    ``(A) take into consideration a safe system 
                approach; and
                    ``(B) coordinate with local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations that represent a 
                high-risk area identified under paragraph (2)(B).
            ``(5) Update.--A State shall update a vulnerable road user 
        safety assessment on the same schedule as the State updates the 
        State strategic highway safety plan.
            ``(6) Transportation system access.--The program of 
        projects developed under paragraph (2)(C) may not degrade 
        transportation system access for vulnerable road users.
            ``(7) Urbanized area assessments.--
                    ``(A) In general.--A metropolitan planning 
                organization representing a transportation management 
                area shall, in consultation with local governments in 
                such area, complete a vulnerable road user safety 
                assessment based on the most recent 5 years of 
                available data at least once every 4 years.
                    ``(B) Contents.--The assessment completed under 
                subparagraph (A) shall include--
                            ``(i) a description of the location within 
                        the area of each vulnerable road user fatality 
                        and, if available, serious injury;
                            ``(ii) a description of any corridors that 
                        represent a high-risk area identified under 
                        paragraph (2)(B) or have otherwise been 
                        identified by the metropolitan planning 
                        organization or local government that pose a 
                        high risk of a vulnerable road user fatality or 
                        serious injury; and
                            ``(iii) a program of projects or strategies 
                        to reduce safety risks to vulnerable road users 
                        in corridors identified under subparagraph 
                        (B).''.
    (b) Technical Amendment.--Section 148 of title 23, United States 
Code, is amended--
            (1) in the heading for subsection (a)(8) by striking ``Road 
        users'' and inserting ``Road user''; and
            (2) in subsection (i)(2)(D) by striking ``safety safety'' 
        and inserting ``safety''.
    (c) High-Risk Rural Roads.--
            (1) Study.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        update the study described in paragraph (1) of section 1112(b) 
        of MAP-21 (23 U.S.C. 148 note).
            (2) Publication of report.--Not later than 2 years after 
        the date of enactment of this Act, the Secretary shall publish 
        on the website of the Department of Transportation an updated 
        report of the report described in paragraph (2) of section 
        1112(b) of MAP-21 (23 U.S.C. 148 note).
            (3) Best practices manual.--Not later than 180 days after 
        the date of submission of the report described in paragraph 
        (2), the Secretary shall update the best practices manual 
        described in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note).

SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

    Section 149 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A)(ii) by striking 
                ``subsection (h)'' and inserting ``subsection (i)'';
                    (B) in paragraph (7) by inserting ``shared 
                micromobility (including bikesharing and shared scooter 
                systems), publicly accessible charging stations, docks, 
                and storage for electric bicycles and micromobility 
                devices,'' after ``carsharing'';
                    (C) in paragraph (8)(B) by striking ``; or'' and 
                inserting a semicolon;
                    (D) in paragraph (9) by striking the period and 
                inserting ``; or''; and
                    (E) by adding at the end the following:
            ``(10) if the project or program mitigates seasonal or 
        temporary traffic congestion from long-haul travel or 
        tourism.'';
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in the heading by inserting ``, 
                        hydrogen vehicle,'' after ``Electric vehicle'';
                            (ii) by inserting ``hydrogen or'' after 
                        ``charging stations or''; and
                            (iii) by inserting ``, hydrogen-powered,'' 
                        after ``battery powered''; and
                    (B) in paragraph (3) by inserting ``, and is 
                consistent with section 166'' after ``travel times''; 
                and
            (3) by striking subsection (m) and inserting the following:
    ``(m) Operating Assistance.--
            ``(1) Projects.--A State may obligate funds apportioned 
        under section 104(b)(4) in an area of such State that is 
        otherwise eligible for obligations of such funds for operating 
        costs under chapter 53 of title 49 or on a system for which 
        CMAQ funding was made available, obligated, or expended in 
        fiscal year 2012, or, notwithstanding subsection (b), on a 
        State-supported Amtrak route with a cost-sharing agreement 
        under section 209 of the Passenger Rail Investment and 
        Improvement Act of 2008 or alternative cost allocation under 
        section 24712(g)(3) of title 49.
            ``(2) Time limitation.--In determining the amount of time 
        for which a State may obligate funds under paragraph (1) for 
        operating assistance for an area of a State or on a system, the 
        Secretary shall allow such obligations to occur, in such area 
        or on such system--
                    ``(A) with a time limitation of not less than 3 
                years; and
                    ``(B) in the case of projects that demonstrate 
                continued net air quality benefits beyond 3 years, as 
                determined annually by the Secretary in consultation 
                with the Administrator of the Environmental Protection 
                Agency, with no imposed time limitation.''.

SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.

    (a) Electric Vehicle Charging Stations.--Chapter 1 of title 23, 
United States Code, is amended by inserting after section 154 the 
following new section:
``Sec. 155. Electric vehicle charging stations
    ``(a) In General.--Any electric vehicle charging infrastructure 
funded under this title shall be subject to the requirements of this 
section.
    ``(b) Interoperability.--An electric vehicle charging station 
funded under this title shall--
            ``(1) provide a charging connector type or means to 
        transmit electricity to vehicles that meets applicable industry 
        accepted practices and safety standards; and
            ``(2) have the ability to serve vehicles produced by more 
        than one vehicle manufacturer.
    ``(c) Open Access to Payment.--Electric vehicle charging stations 
shall provide payment methods available to all members of the public to 
ensure secure, convenient, and equal access and shall not be limited by 
membership to a particular payment provider.
    ``(d) Network Capability.--An electric vehicle charging station 
funded under this title shall be capable of being remotely monitored.
    ``(e) Standards and Guidance.--Not less than 180 days after 
enactment of the INVEST in America Act, the Secretary of 
Transportation, in coordination with the Secretary of Energy, shall, as 
appropriate, develop standards and guidance applicable to any electric 
vehicle charging station funded in whole or in part under this title 
related to--
            ``(1) the installation, operation, or maintenance by 
        qualified technicians of electric vehicle charging 
        infrastructure;
            ``(2) the physical, software, and payment interoperability 
        of electric vehicle charging infrastructure;
            ``(3) any traffic control device or on-premises sign 
        acquired, installed, or operated related to an electric vehicle 
        charging station funded under this title; and
            ``(4) network connectivity of electric vehicle charging, 
        including measures to protect personal privacy and ensure 
        cybersecurity.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 154 the following new item:

``155. Electric vehicle charging stations.''.
    (c) Electric Vehicle Charging Signage.--The Secretary of 
Transportation shall update the Manual on Uniform Traffic Control 
Devices to--
            (1) ensure uniformity in providing road users direction to 
        electric charging stations that are open to the public; and
            (2) allow the use of a comprehensive system of signs for 
        electric vehicle charging providers to help drivers identify 
        the type of charging and connector types available at the 
        location.
    (d) Agreements Relating to the Use and Access of Rights-of-Way of 
the Interstate System.--Section 111 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(f) Interstate System Rights-of-Way.--
            ``(1) In general.--Notwithstanding subsection (a) or (b), 
        the Secretary shall permit, consistent with section 155, the 
        charging of electric vehicles on rights-of-way of the 
        Interstate System, including in--
                    ``(A) a rest area; or
                    ``(B) a fringe or corridor parking facility, 
                including a park and ride facility.
            ``(2) Savings clause.--Nothing in this subsection shall 
        permit commercial activities on rights-of-way of the Interstate 
        System, except as necessary for the charging of electric 
        vehicles in accordance with this subsection.''.

SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.

    (a) In General.--Section 167 of title 23, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (6) by striking ``; and'' and 
                inserting a semicolon; and
                    (B) by striking paragraph (7) and inserting the 
                following:
            ``(7) to reduce the environmental impacts of freight 
        movement on the National Highway Freight Network, including--
                    ``(A) greenhouse gas emissions;
                    ``(B) local air pollution, including local 
                pollution derived from vehicles idling at railway 
                crossings;
                    ``(C) minimizing, capturing, or treating stormwater 
                runoff and addressing other adverse impacts to water 
                quality; and
                    ``(D) wildlife habitat loss; and
            ``(8) to decrease any adverse impact of freight 
        transportation on communities located near freight facilities 
        or freight corridors.'';
            (2) in subsection (e)(2) by striking ``150 miles'' and 
        inserting ``300 miles'';
            (3) in subsection (f)(4) by striking ``75 miles'' and 
        inserting ``150 miles'';
            (4) in subsection (h) by striking ``Not later than'' and 
        all that follows through ``shall prepare'' and inserting ``As 
        part of the report required under section 503(b)(8), the 
        Administrator shall biennially prepare'';
            (5) in subsection (i)--
                    (A) by striking paragraphs (2) and (3);
                    (B) by amending paragraph (4) to read as follows:
            ``(4) Freight planning.--Notwithstanding any other 
        provision of law, a State may not obligate funds apportioned to 
        the State under section 104(b)(5) unless the State has 
        developed, updated, or amended, as applicable, a freight plan 
        in accordance with section 70202 of title 49.'';
                    (C) in paragraph (5)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Limitation.--The Federal share of a project 
                described in subparagraph (C)(xxiii) shall fund only 
                elements of such project that provide public 
                benefits.''; and
                            (ii) in subparagraph (C)--
                                    (I) in clause (iii) by inserting 
                                ``and freight management and operations 
                                systems'' after ``freight 
                                transportation systems''; and
                                    (II) by amending clause (xxiii) to 
                                read as follows:
                            ``(xxiii) Freight intermodal or freight 
                        rail projects, including--
                                    ``(I) projects within the 
                                boundaries of public or private freight 
                                rail or water facilities (including 
                                ports);
                                    ``(II) projects that provide 
                                surface transportation infrastructure 
                                necessary to facilitate direct 
                                intermodal interchange, transfer, and 
                                access into or out of the facility; and
                                    ``(III) any other surface 
                                transportation project to improve the 
                                flow of freight into or out of a 
                                facility described in subclause (I) or 
                                (II).'';
                    (D) in paragraph (6) by striking ``paragraph (5)'' 
                and inserting ``paragraph (3)''; and
                    (E) by redesignating paragraphs (4), (5), (6), and 
                (7) as paragraphs (2), (3), (4), and (5), respectively; 
                and
            (6) in subsection (k)(1)(A)(ii) by striking ``ports-of 
        entry'' and inserting ``ports-of-entry''.
    (b) National Highway Freight Network.--If a congressionally 
designated future Interstate, or any portion thereof, is included in a 
State Freight Plan (regardless of whether such project is included in 
the freight investment plan of the State) approved by the Department of 
Transportation prior to October 1, 2021, such route shall be considered 
to be on the National Highway Freight Network established under section 
167(c) of title 23, United States Code.

SEC. 1213. CARBON POLLUTION REDUCTION.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 171. Carbon pollution reduction
    ``(a) Establishment.--The Secretary shall establish a carbon 
pollution reduction program to support the reduction of greenhouse gas 
emissions from the surface transportation system.
    ``(b) Eligible Projects.--A project is eligible for funding under 
this section if such project--
            ``(1) is expected to yield a significant reduction in 
        greenhouse gas emissions from the surface transportation 
        system;
            ``(2) will help a State meet the greenhouse gas emissions 
        performance targets established under section 150(d); and
            ``(3) is--
                    ``(A) eligible for assistance under this title or 
                under chapter 53 of title 49 or is a capital project 
                for vehicles and facilities (whether publicly or 
                privately owned) that are used to provide intercity 
                passenger service by bus; or
                    ``(B) a capital project, as such term is defined in 
                section 22906 of title 49, to improve intercity rail 
                passenger transportation, provided that the project 
                will yield a significant reduction in single occupant 
                vehicle trips and improve mobility on public roads.
    ``(c) Guidance.--The Secretary shall issue guidance on methods of 
determining the reduction of single occupant vehicle trips and 
improvement of mobility on public roads as those factors relate to 
intercity rail passenger transportation projects under subsection 
(b)(4).
    ``(d) Operating Expenses.--A State may use not more than 10 percent 
of the funds provided under section 104(b)(9) for the operating 
expenses of public transportation and passenger rail transportation 
projects.
    ``(e) Single-Occupancy Vehicle Highway Facilities.--None of the 
funds provided under this section may be used for a project that will 
result in the construction of new capacity available to single occupant 
vehicles unless the project consists of a high occupancy vehicle 
facility and is consistent with section 166.
    ``(f) Evaluation.--
            ``(1) In general.--The Secretary shall annually evaluate 
        the progress of each State in carrying out the program under 
        this section by comparing the percent change in carbon dioxide 
        emissions per capita on public roads in the State calculated 
        as--
                    ``(A) the annual carbon dioxide emissions per 
                capita on public roads in the State for the most recent 
                year for which there is data; divided by
                    ``(B) the average annual carbon dioxide emissions 
                per capita on public roads in the State in calendar 
                years 2015 through 2019.
            ``(2) Measures.--In conducting the evaluation under 
        paragraph (1), the Secretary shall--
                    ``(A) prior to the effective date of the greenhouse 
                gas performance measures under section 150(c)(7)(A), 
                use such data as are available, which may include data 
                on motor fuels usage published by the Federal Highway 
                Administration and information on emissions factors or 
                coefficients published by the Energy Information 
                Administration of the Department of Energy; and
                    ``(B) following the effective date of the 
                greenhouse gas performance measures under section 
                150(c)(7)(A), use such measures.
    ``(g) Progress Report.--The Secretary shall annually issue a carbon 
pollution reduction progress report, to be made publicly available on 
the website of the Department of Transportation, that includes--
            ``(1) the results of the evaluation under subsection (f) 
        for each State; and
            ``(2) a ranking of all the States by the criteria under 
        subsection (f), with the States that, for the year covered by 
        such report, have the largest percentage reduction in annual 
        carbon dioxide emissions per capita on public roads being 
        ranked the highest.
    ``(h) High-Performing States.--
            ``(1) Designation.--For purposes of this section, each 
        State that is 1 of the 15 highest ranked States, as determined 
        under subsection (g)(2), and that achieves a reduction in 
        carbon dioxide emissions per capita on public roads, as 
        determined by the evaluation in subsection (f), shall be 
        designated as a high-performing State for the following fiscal 
        year.
            ``(2) Use of funds.--For each State that is designated as a 
        high-performing State under paragraph (1)--
                    ``(A) notwithstanding section 120, the State may 
                use funds made available under this title to pay the 
                non-Federal share of a project under this section 
                during any year for which such State is designated as a 
                high-performing State; and
                    ``(B) notwithstanding section 126, the State may 
                transfer up to 50 percent of funds apportioned under 
                section 104(b)(9) to the program under section 
                104(b)(2) in any year for which such State is 
                designated as a high-performing State.
            ``(3) Transfer.--For each State that is 1 of the 15 lowest 
        ranked States, as determined under subsection (g)(2), the 
        Secretary shall transfer 10 percent of the amount apportioned 
        to the State under section 104(b)(2) in the fiscal year 
        following the year in which the State is so ranked, not 
        including amounts set aside under section 133(d)(1)(A) and 
        under section 133(h) or 505(a), to the apportionment of the 
        State under section 104(b)(9).
            ``(4) Limitation.--The Secretary shall not conduct a 
        transfer under paragraph (3)--
                    ``(A) until the first fiscal year following the 
                effective date of greenhouse gas performance measures 
                under section 150(c)(7)(A); and
                    ``(B) with respect to a State in any fiscal year 
                following the year in which such State achieves a 
                reduction in carbon dioxide emissions per capita on 
                public roads in such year as determined by the 
                evaluation under subsection (f).
    ``(i) Report.--Not later than 2 years after the date of enactment 
of this section and periodically thereafter, the Secretary, in 
consultation with the Administrator of the Environmental Protection 
Agency, shall issue a report--
            ``(1) detailing, based on the best available science, what 
        types of projects eligible for assistance under this section 
        are expected to provide the most significant greenhouse gas 
        emissions reductions from the surface transportation sector; 
        and
            ``(2) detailing, based on the best available science, what 
        types of projects eligible for assistance under this section 
        are not expected to provide significant greenhouse gas 
        emissions reductions from the surface transportation sector.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following new 
item:

``171. Carbon pollution reduction.''.
    (c) Applicability.--Subsection (b)(2) of section 171 of title 23, 
United States Code, as added by this section, shall apply to a State 
beginning on the first fiscal year following the fiscal year in which 
the State sets greenhouse gas performance targets under section 150(d) 
of title 23, United States Code.

SEC. 1214. RECREATIONAL TRAILS.

    Section 206 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``except for'' and 
                all that follows and inserting the following: ``except 
                for--
                    ``(A) a motorized wheelchair; and
                    ``(B) in any case in which applicable laws and 
                regulations permit use, an electric bicycle, as defined 
                in section 217(j).'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (F) by striking ``and'' 
                        at the end;
                            (ii) in subparagraph (G) by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(F) electric bicycling.''; and
            (2) by adding at the end the following:
    ``(j) Special Rule.--Section 113 shall not apply to projects under 
this section.''.

SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 210 the following:
``Sec. 211. Safe routes to school program
    ``(a) Program.--The Secretary shall carry out a safe routes to 
school program for the benefit of children in primary, middle, and high 
schools.
    ``(b) Purposes.--The purposes of the program shall be--
            ``(1) to enable and encourage children, including those 
        with disabilities, to walk and bicycle to school;
            ``(2) to make bicycling and walking to school a safer and 
        more appealing transportation alternative, thereby encouraging 
        a healthy and active lifestyle from an early age; and
            ``(3) to facilitate the planning, development, and 
        implementation of projects and activities that will improve 
        safety and reduce traffic, fuel consumption, and air pollution 
        in the vicinity of schools.
    ``(c) Use of Funds.--Amounts apportioned to a State under 
paragraphs (2) and (3) of section 104(b) may be used to carry out 
projects, programs, and other activities under this section.
    ``(d) Eligible Entities.--Projects, programs, and activities funded 
under this section may be carried out by eligible entities described 
under section 133(h)(4)(B) that demonstrate an ability to meet the 
requirements of this section.
    ``(e) Eligible Projects and Activities.--
            ``(1) Infrastructure-related projects.--
                    ``(A) In general.--A State may obligate funds under 
                this section for the planning, design, and construction 
                of infrastructure-related projects that will 
                substantially improve the ability of students to walk 
                and bicycle to school, including sidewalk improvements, 
                traffic calming and speed reduction improvements, 
                pedestrian and bicycle crossing improvements, on-street 
                bicycle facilities, off-street bicycle and pedestrian 
                facilities, secure bicycle parking facilities, and 
                traffic diversion improvements in the vicinity of 
                schools.
                    ``(B) Location of projects.--Infrastructure-related 
                projects under subparagraph (A) may be carried out on 
                any public road or any bicycle or pedestrian pathway or 
                trail in the vicinity of schools.
            ``(2) Noninfrastructure-related activities.--In addition to 
        projects described in paragraph (1), a State may obligate funds 
        under this section for noninfrastructure-related activities to 
        encourage walking and bicycling to school, including--
                    ``(A) public awareness campaigns and outreach to 
                press and community leaders;
                    ``(B) traffic education and enforcement in the 
                vicinity of schools;
                    ``(C) student sessions on bicycle and pedestrian 
                safety, health, and environment;
                    ``(D) programs that address personal safety; and
                    ``(E) funding for training, volunteers, and 
                managers of safe routes to school programs.
            ``(3) Safe routes to school coordinator.--Each State 
        receiving an apportionment under paragraphs (2) and (3) of 
        section 104(b) shall use a sufficient amount of the 
        apportionment to fund a full-time position of coordinator of 
        the State's safe routes to school program.
            ``(4) Rural school district outreach.--A coordinator 
        described in paragraph (3) shall conduct outreach to ensure 
        that rural school districts in the State are aware of such 
        State's safe routes to school program and any funds authorized 
        by this section.
    ``(f) Federal Share.--The Federal share of the cost of a project, 
program, or activity under this section shall be 100 percent.
    ``(g) Clearinghouse.--
            ``(1) In general.--The Secretary shall maintain a national 
        safe routes to school clearinghouse to--
                    ``(A) develop information and educational programs 
                on safe routes to school; and
                    ``(B) provide technical assistance and disseminate 
                techniques and strategies used for successful safe 
                routes to school programs.
            ``(2) Funding.--The Secretary shall carry out this 
        subsection using amounts authorized to be appropriated for 
        administrative expenses under section 104(a).
    ``(h) Definitions.--In this section, the following definitions 
apply:
            ``(1) In the vicinity of schools.--The term `in the 
        vicinity of schools' means, with respect to a school, the area 
        within bicycling and walking distance of the school 
        (approximately 2 miles).
            ``(2) Primary, middle, and high schools.--The term 
        `primary, middle, and high schools' means schools providing 
        education from kindergarten through twelfth grade.''.
    (b) Technical and Conforming Amendments.--
            (1) Repeal.--Section 1404 of SAFETEA-LU (Public Law 109-59; 
        119 Stat. 1228-1230), and the item relating to such section in 
        the table of contents in section 1(b) of such Act, are 
        repealed.
            (2) Analysis.--The analysis for chapter 2 of title 23, 
        United States Code, is amended by inserting after the item 
        relating to section 210 the following:

``211. Safe routes to school program.''.

SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

    Section 217 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                    (A) by striking ``104(b)(3)'' and inserting 
                ``104(b)(4)''; and
                    (B) by striking ``a position'' and inserting ``at 
                least one full-time positions'';
            (2) in subsection (e) by striking ``bicycles'' and 
        inserting ``pedestrians or bicyclists'' each place such term 
        appears;
            (3) in subsection (j)--
                    (A) in paragraph (1) by inserting ``or operators of 
                micromobility devices'' after ``bicyclists'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Electric bicycle.--The term `electric bicycle' means 
        mean a bicycle equipped with fully operable pedals, a saddle or 
        seat for the rider, and an electric motor of less than 750 
        watts that can safely share a bicycle transportation facility 
        with other users of such facility and meets the requirements of 
        one of the following three classes:
                    ``(A) Class 1 electric bicycle.--The term `class 1 
                electric bicycle' means an electric bicycle equipped 
                with a motor that provides assistance only when the 
                rider is pedaling, and that ceases to provide 
                assistance when the bicycle reaches the speed of 20 
                miles per hour.
                    ``(B) Class 2 electric bicycle.--The term `class 2 
                electric bicycle' means an electric bicycle equipped 
                with a motor that may be used exclusively to propel the 
                bicycle, and that is not capable of providing 
                assistance when the bicycle reaches the speed of 20 
                miles per hour.
                    ``(C) Class 3 electric bicycle.--The term `class 3 
                electric bicycle' means an electric bicycle equipped 
                with a motor that provides assistance only when the 
                rider is pedaling, and that ceases to provide 
                assistance when the bicycle reaches the speed of 28 
                miles per hour.
            ``(3) Micromobility device.--The term `micromobility 
        device' means any wheeled vehicle equipped with a low powered 
        electric motor--
                    ``(A) that is designed primarily for human 
                transport;
                    ``(B) that weighs not more than 100 pounds; and
                    ``(C) that has a top speed of 20 miles per hour or 
                less.''.

SEC. 1217. NOISE BARRIERS.

    (a) Permitting Use of Highway Trust Fund for Construction of 
Certain Noise Barriers.--Section 339(b)(1) of the National Highway 
System Designation Act of 1995 (23 U.S.C. 109 note) is amended to read 
as follows:
            ``(1) General rule.--No funds made available out of the 
        Highway Trust Fund may be used to construct a Type II noise 
        barrier (as defined by section 772.5(I) of title 23, Code of 
        Federal Regulations) pursuant to subsections (h) and (I) of 
        section 109 of title 23, United States Code, unless--
                    ``(A) such a barrier is part of a project approved 
                by the Secretary before November 28, 1995; or
                    ``(B) such a barrier separates a highway or other 
                noise corridor from a group of structures of which the 
                majority of those closest to the highway or noise 
                corridor--
                            ``(i) are residential in nature; and
                            ``(ii) either--
                                    ``(I) were constructed before the 
                                construction or most recent widening of 
                                the highway or noise corridor; or
                                    ``(II) are at least 10 years 
                                old.''.
    (b) Eligibility for Surface Transportation Block Grant Funds.--
Section 133 of title 23, United States Code, is amended--
            (1) in subsection (b) by adding at the end the following:
            ``(20) Planning, design, or construction of a Type II noise 
        barrier (as described in section 772.5 of title 23, Code of 
        Federal Regulations).''; and
            (2) in subsection (c)(2) by inserting ``and paragraph 
        (20)'' after ``(11)''.

SEC. 1218. SAFE STREETS FOR ALL.

    Section 148 of title 23, United States Code, is further amended by 
adding at the end the following:
    ``(m) Safe Streets for All.--
            ``(1) Safe streets set-aside.--
                    ``(A) Establishment.--The Secretary shall establish 
                a safe streets program to eliminate the occurrence of 
                transportation-related fatalities and serious injuries 
                on public roads, with a focus on vulnerable road users.
                    ``(B) Amount.--Of the funds apportioned to a State 
                under section 104(b)(3) for each fiscal year, the 
                Secretary shall reserve an amount such that--
                            ``(i) the Secretary reserves a total under 
                        this subsection of $500,000,000 for each of 
                        fiscal years 2023 through 2026; and
                            ``(ii) the State's share of that total is 
                        distributed in the same manner as the amount 
                        apportioned to the State under section 
                        104(b)(3) for each fiscal year bears to the 
                        total amount of funds apportioned to all States 
                        under such section.
            ``(2) Suballocation.--For each fiscal year for which funds 
        are set aside under this subsection, such funds shall be 
        obligated within a State in the manner described in subsections 
        (d) and (e) of section 133, except that, for the purposes of 
        this subsection, the percentage referred to in section 
        133(d)(1)(A) shall be treated as 100 percent.
            ``(3) Use of funds.--
                    ``(A) In general.--Funds set aside under this 
                subsection shall be available for obligation--
                            ``(i) for a complete streets project that 
                        supports the safe, comfortable, convenient, and 
                        independent movement of all users of the 
                        transportation system, of all ages and 
                        abilities, consistent with context sensitive 
                        design principles;
                            ``(ii) for activities eligible under the 
                        safe routes to school program under section 
                        211;
                            ``(iii) to develop and implement the 
                        policies and procedures described in section 
                        109(s);
                            ``(iv) for any element of vision zero 
                        planning described under section 1601 of the 
                        INVEST in America Act and to implement an 
                        existing vision zero plan;
                            ``(v) for other activities in furtherance 
                        of the vulnerable road user safety assessment 
                        of the State or the metropolitan planning 
                        organization described under subsection (l); 
                        and
                            ``(vi) for any other project, program, or 
                        plan eligible under this section that provides 
                        for the safe and adequate accommodation of all 
                        users of the surface transportation network, as 
                        determined by the Secretary.
                    ``(B) Special rule.--If a State or metropolitan 
                planning organization demonstrates to the satisfaction 
                of the Secretary that such State or metropolitan 
                planning organization has met all its needs for 
                vulnerable road user safety under this section, the 
                State or metropolitan planning organization may use 
                funds made available under this subsection for other 
                highway safety improvement program purposes, subject to 
                the suballocation under paragraph (2). The Secretary 
                may not make a determination under this subparagraph if 
                the State or metropolitan planning organization has 
                been subject to the special rule described in 
                subsection (g)(3) within the last 5 years.''.

SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 211 (as added by this Act) the 
following:
``Sec. 212. Use of youth service and conservation corps
    ``(a) In General.--The Secretary may allow and shall encourage 
project sponsors to enter into contracts and cooperative agreements 
with qualified youth service or conservation corps, as described in 
sections 122(a)(2) of the National and Community Service Act of 1990 
(42 U.S.C. 12572(a)(2)) and 106(c)(3) of the National and Community 
Service Trust Act of 1993 (42 U.S.C. 12656(c)(3)) to perform 
appropriate projects eligible under sections 133(h), 162, 206, and 211.
    ``(b) Requirements.--Under any contract or cooperative agreement 
entered into with a qualified youth service or conservation corps under 
this section, the Secretary shall--
            ``(1) set the amount of a living allowance or rate of pay 
        for each participant in such corps at--
                    ``(A) such amount or rate as required under State 
                law in a State with such requirements; or
                    ``(B) for corps in States not described in 
                subparagraph (A), at such amount or rate as determined 
                by the Secretary, not to exceed the maximum living 
                allowance authorized by section 140 of the National and 
                Community Service Act of 1990 (42 U.S.C. 12594); and
            ``(2) not subject such corps to the requirements of section 
        112 or 113.''.
    (b) Clerical Amendment.--The analysis for chapter 2 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 211 (as added by this Act) the following:

``212. Use of youth service and conservation corps.''.

                 Subtitle C--Project-Level Investments

SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

    (a) In General.--Section 117 of title 23, United States Code, is 
amended to read as follows:
``Sec. 117. Projects of national and regional significance
    ``(a) Establishment.--The Secretary shall establish a projects of 
national and regional significance program under which the Secretary 
may make grants to, and establish multiyear grant agreements with, 
eligible entities in accordance with this section.
    ``(b) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, in such manner, and containing such information as the Secretary 
may require.
    ``(c) Grant Amounts and Project Costs.--
            ``(1) In general.--Each grant made under this section--
                    ``(A) shall be in an amount that is at least 
                $25,000,000; and
                    ``(B) shall be for a project that has eligible 
                project costs that are reasonably anticipated to equal 
                or exceed the lesser of--
                            ``(i) $100,000,000; or
                            ``(ii) in the case of a project--
                                    ``(I) located in 1 State or 
                                territory, 30 percent of the amount 
                                apportioned under this chapter to the 
                                State or territory in the most recently 
                                completed fiscal year; or
                                    ``(II) located in more than 1 State 
                                or territory, 50 percent of the amount 
                                apportioned under this chapter to the 
                                participating State or territory with 
                                the largest apportionment under this 
                                chapter in the most recently completed 
                                fiscal year.
            ``(2) Large projects.--For a project that has eligible 
        project costs that are reasonably anticipated to equal or 
        exceed $500,000,000, a grant made under this section--
                    ``(A) shall be in an amount sufficient to fully 
                fund the project, or in the case of a public 
                transportation project, a minimum operable segment, in 
                combination with other funding sources, including non-
                Federal financial commitment, identified in the 
                application; and
                    ``(B) may be awarded pursuant to the process under 
                subsection (d), as necessary based on the amount of the 
                grant.
    ``(d) Multiyear Grant Agreements for Large Projects.--
            ``(1) In general.--A large project that receives a grant 
        under this section may be carried out through a multiyear grant 
        agreement in accordance with this subsection.
            ``(2) Requirements.--A multiyear grant agreement for a 
        large project shall--
                    ``(A) establish the terms of participation by the 
                Federal Government in the project;
                    ``(B) establish the amount of Federal financial 
                assistance for the project;
                    ``(C) establish a schedule of anticipated Federal 
                obligations for the project that provides for 
                obligation of the full grant amount by not later than 4 
                fiscal years after the fiscal year in which the initial 
                amount is provided; and
                    ``(D) determine the period of time for completing 
                the project, even if such period extends beyond the 
                period of an authorization.
            ``(3) Special rules.--
                    ``(A) In general.--A multiyear grant agreement 
                under this subsection--
                            ``(i) shall obligate an amount of available 
                        budget authority specified in law; and
                            ``(ii) may include a commitment, contingent 
                        on amounts to be specified in law in advance 
                        for commitments under this paragraph, to 
                        obligate an additional amount from future 
                        available budget authority specified in law.
                    ``(B) Contingent commitment.--A contingent 
                commitment under this subsection is not an obligation 
                of the Federal Government under section 1501 of title 
                31.
                    ``(C) Interest and other financing costs.--
                            ``(i) In general.--Interest and other 
                        financing costs of carrying out a part of the 
                        project within a reasonable time shall be 
                        considered a cost of carrying out the project 
                        under a multiyear grant agreement, except that 
                        eligible costs may not be more than the cost of 
                        the most favorable financing terms reasonably 
                        available for the project at the time of 
                        borrowing.
                            ``(ii) Certification.--The applicant shall 
                        certify to the Secretary that the applicant has 
                        shown reasonable diligence in seeking the most 
                        favorable financing terms.
            ``(4) Advance payment.--An eligible entity carrying out a 
        large project under a multiyear grant agreement--
                    ``(A) may use funds made available to the eligible 
                entity under this title or title 49 for eligible 
                project costs of the large project; and
                    ``(B) shall be reimbursed, at the option of the 
                eligible entity, for such expenditures from the amount 
                made available under the multiyear grant agreement for 
                the project in that fiscal year or a subsequent fiscal 
                year.
    ``(e) Eligible Projects.--
            ``(1) In general.--The Secretary may make a grant under 
        this section only for a project that is a project eligible for 
        assistance under this title or chapter 53 of title 49 and is--
                    ``(A) a bridge project carried out on the National 
                Highway System, or that is eligible to be carried out 
                under section 165;
                    ``(B) a project to improve person throughput that 
                is--
                            ``(i) a highway project carried out on the 
                        National Highway System, or that is eligible to 
                        be carried out under section 165;
                            ``(ii) a public transportation project; or
                            ``(iii) a capital project, as such term is 
                        defined in section 22906 of title 49, to 
                        improve intercity rail passenger 
                        transportation; or
                    ``(C) a project to improve freight throughput that 
                is--
                            ``(i) a highway freight project carried out 
                        on the National Highway Freight Network 
                        established under section 167 or on the 
                        National Highway System;
                            ``(ii) a freight intermodal, freight rail, 
                        or railway-highway grade crossing or grade 
                        separation project; or
                            ``(iii) within the boundaries of a public 
                        or private freight rail, water (including 
                        ports), or intermodal facility and that is a 
                        surface transportation infrastructure project 
                        necessary to facilitate direct intermodal 
                        interchange, transfer, or access into or out of 
                        the facility.
            ``(2) Limitation.--
                    ``(A) Certain freight projects.--Projects described 
                in clauses (ii) and (iii) of paragraph (1)(C) may 
                receive a grant under this section only if--
                            ``(i) the project will make a significant 
                        improvement to the movement of freight on the 
                        National Highway System; and
                            ``(ii) the Federal share of the project 
                        funds only elements of the project that provide 
                        public benefits.
                    ``(B) Certain projects for person throughput.--
                Projects described in clauses (ii) and (iii) of 
                paragraph (1)(B) may receive a grant under this section 
                only if the project will make a significant improvement 
                in mobility on public roads.
    ``(f) Eligible Project Costs.--An eligible entity receiving a grant 
under this section may use such grant for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements directly related to 
        improving system performance.
    ``(g) Project Requirements.--The Secretary may select a project 
described under this section for funding under this section only if the 
Secretary determines that the project--
            ``(1) generates significant regional or national economic, 
        mobility, safety, resilience, or environmental benefits;
            ``(2) is cost effective;
            ``(3) is based on the results of preliminary engineering;
            ``(4) has secured or will secure acceptable levels of non-
        Federal financial commitments, including--
                    ``(A) one or more stable and dependable sources of 
                funding and financing to construct, maintain, and 
                operate the project; and
                    ``(B) contingency amounts to cover unanticipated 
                cost increases;
            ``(5) cannot be easily and efficiently completed without 
        additional Federal funding or financial assistance available to 
        the project sponsor, beyond existing Federal apportionments; 
        and
            ``(6) is reasonably expected to begin construction not 
        later than 18 months after the date of obligation of funds for 
        the project.
    ``(h) Merit Criteria and Considerations.--
            ``(1) Merit criteria.--In awarding a grant under this 
        section, the Secretary shall evaluate the following merit 
        criteria:
                    ``(A) The extent to which the project supports 
                achieving a state of good repair.
                    ``(B) The level of benefits the project is expected 
                to generate, including--
                            ``(i) the costs avoided by the prevention 
                        of closure or reduced use of the asset to be 
                        improved by the project;
                            ``(ii) reductions in maintenance costs over 
                        the life of the asset;
                            ``(iii) safety benefits, including the 
                        reduction of accidents and related costs;
                            ``(iv) improved person or freight 
                        throughput, including congestion reduction and 
                        reliability improvements;
                            ``(v) national and regional economic 
                        benefits;
                            ``(vi) resilience benefits, including the 
                        ability to withstand disruptions from a seismic 
                        event;
                            ``(vii) environmental benefits, including 
                        reduction in greenhouse gas emissions and air 
                        quality benefits; and
                            ``(viii) benefits to all users of the 
                        project, including pedestrian, bicycle, 
                        nonvehicular, railroad, and public 
                        transportation users.
                    ``(C) How the benefits compare to the costs of the 
                project.
                    ``(D) The average number of people or volume of 
                freight, as applicable, supported by the project, 
                including visitors based on travel and tourism.
            ``(2) Additional considerations.--In awarding a grant under 
        this section, the Secretary shall consider the following:
                    ``(A) Whether the project spans at least 1 border 
                between 2 States.
                    ``(B) Whether the project serves low-income 
                residents of low-income communities, including areas of 
                persistent poverty, while not displacing such 
                residents.
                    ``(C) Whether the project uses innovative 
                technologies, innovative design and construction 
                techniques, or pavement materials that demonstrate 
                reductions in greenhouse gas emissions through 
                sequestration or innovative manufacturing processes 
                and, if so, the degree to which such technologies, 
                techniques, or materials are used.
                    ``(D) Whether the project improves connectivity 
                between modes of transportation moving people or goods 
                in the Nation or region.
                    ``(E) Whether the project provides new or improved 
                connections between at least two metropolitan areas 
                with a population of at least 500,000.
                    ``(F) Whether the project would replace, 
                reconstruct, or rehabilitate a high-commuter corridor 
                (as such term is defined in section 203(a)(6)) that is 
                in poor condition.
    ``(i) Project Selection.--
            ``(1) Evaluation.--To evaluate applications for funding 
        under this section, the Secretary shall--
                    ``(A) determine whether a project is eligible for a 
                grant under this section;
                    ``(B) evaluate, through a methodology that is 
                discernible and transparent to the public, how each 
                application addresses the merit criteria pursuant to 
                subsection (h);
                    ``(C) assign a quality rating for each merit 
                criteria for each application based on the evaluation 
                in subparagraph (B);
                    ``(D) ensure that applications receive final 
                consideration by the Secretary to receive an award 
                under this section only on the basis of such quality 
                ratings and that the Secretary gives final 
                consideration only to applications that meet the 
                minimally acceptable level for each of the merit 
                criteria; and
                    ``(E) award grants only to projects rated highly 
                under the evaluation and rating process.
            ``(2) Considerations for large projects.--In awarding a 
        grant for a large project, the Secretary shall--
                    ``(A) consider the amount of funds available in 
                future fiscal years for the program under this section; 
                and
                    ``(B) assume the availability of funds in future 
                fiscal years for the program that extend beyond the 
                period of authorization based on the amount made 
                available for the program in the last fiscal year of 
                the period of authorization.
            ``(3) Geographic distribution.--In awarding grants under 
        this section, the Secretary shall ensure geographic diversity 
        and a balance between rural and urban communities among grant 
        recipients over fiscal years 2023 through 2026.
            ``(4) Publication of methodology.--
                    ``(A) In general.--Prior to the issuance of any 
                notice of funding opportunity for grants under this 
                section, the Secretary shall publish and make publicly 
                available on the Department's website--
                            ``(i) a detailed explanation of the merit 
                        criteria developed under subsection (h);
                            ``(ii) a description of the evaluation 
                        process under this subsection; and
                            ``(iii) how the Secretary shall determine 
                        whether a project satisfies each of the 
                        requirements under subsection (g).
                    ``(B) Updates.--The Secretary shall update and make 
                publicly available on the website of the Department of 
                Transportation such information at any time a revision 
                to the information described in subparagraph (A) is 
                made.
                    ``(C) Information required.--The Secretary shall 
                include in the published notice of funding opportunity 
                for a grant under this section detailed information on 
                the rating methodology and merit criteria to be used to 
                evaluate applications, or a reference to the 
                information on the website of the Department of 
                Transportation, as required by subparagraph (A).
    ``(j) Federal Share.--
            ``(1) In general.--The Federal share of the cost of a 
        project carried out with a grant under this section may not 
        exceed 60 percent.
            ``(2) Maximum federal involvement.--Federal assistance 
        other than a grant under this section may be used to satisfy 
        the non-Federal share of the cost of a project for which such a 
        grant is made, except that the total Federal assistance 
        provided for a project receiving a grant under this section may 
        not exceed 80 percent of the total project cost.
    ``(k) Bridge Investments.--Of the amounts made available to carry 
out this section, the Secretary shall reserve not less than 
$1,000,000,000 in each fiscal year to make grants for projects 
described in subsection (e)(1)(A).
    ``(l) Treatment of Projects.--
            ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    ``(A) the requirements of this title to a highway 
                project;
                    ``(B) the requirements of chapter 53 of title 49 to 
                a public transportation project; and
                    ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
            ``(2) Multimodal projects.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            ``(i) determine the predominant modal 
                        component of the project; and
                            ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    ``(B) Exceptions.--
                            ``(i) Passenger or freight rail 
                        component.--For any passenger or freight rail 
                        component of a project, the requirements of 
                        section 22907(j)(2) of title 49 shall apply.
                            ``(ii) Public transportation component.--
                        For any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                    ``(C) Buy america.--In applying the Buy America 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                            ``(i) consider the various modal components 
                        of the project; and
                            ``(ii) seek to maximize domestic jobs.
    ``(m) TIFIA Program.--At the request of an eligible entity under 
this section, the Secretary may use amounts awarded to the entity to 
pay subsidy and administrative costs necessary to provide the entity 
Federal credit assistance under chapter 6 with respect to the project 
for which the grant was awarded.
    ``(n) Administration.--Of the amounts made available to carry out 
this section, the Secretary may use up to $5,000,000 for the costs of 
administering the program under this section.
    ``(o) Technical Assistance.--Of the amounts made available to carry 
out this section, the Secretary may reserve up to $5,000,000 to provide 
technical assistance to eligible entities.
    ``(p) Congressional Review.--
            ``(1) Notification.--Not less than 60 days before making an 
        award under this section, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works, the Committee on Banking, Housing, and Urban Affairs, 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate--
                    ``(A) a list of all applications determined to be 
                eligible for a grant by the Secretary;
                    ``(B) the quality ratings assigned to each 
                application pursuant to subsection (i);
                    ``(C) a list of applications that received final 
                consideration by the Secretary to receive an award 
                under this section;
                    ``(D) each application proposed to be selected for 
                a grant award;
                    ``(E) proposed grant amounts, including for each 
                new multiyear grant agreement, the proposed payout 
                schedule for the project; and
                    ``(F) an analysis of the impacts of any large 
                projects proposed to be selected on existing 
                commitments and anticipated funding levels for the next 
                4 fiscal years, based on information available to the 
                Secretary at the time of the report.
            ``(2) Committee review.--Before the last day of the 60-day 
        period described in paragraph (1), each Committee described in 
        paragraph (1) shall review the Secretary's list of proposed 
        projects.
            ``(3) Congressional disapproval.--The Secretary may not 
        make a grant or any other obligation or commitment to fund a 
        project under this section if a joint resolution is enacted 
        disapproving funding for the project before the last day of the 
        60-day period described in paragraph (1).
    ``(q) Transparency.--
            ``(1) In general.--Not later than 30 days after awarding a 
        grant for a project under this section, the Secretary shall 
        send to all applicants, and publish on the website of the 
        Department of Transportation--
                    ``(A) a summary of each application made to the 
                program for the grant application period; and
                    ``(B) the evaluation and justification for the 
                project selection, including ratings assigned to all 
                applications and a list of applications that received 
                final consideration by the Secretary to receive an 
                award under this section, for the grant application 
                period.
            ``(2) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant under this section, the 
        opportunity to receive a briefing to explain any reasons the 
        grant applicant was not awarded a grant.
    ``(r) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) a State or a group of States;
            ``(2) a unit of local government, including a metropolitan 
        planning organization, or a group of local governments;
            ``(3) a political subdivision of a State or local 
        government;
            ``(4) a special purpose district or public authority with a 
        transportation function, including a port authority;
            ``(5) an Indian Tribe or Tribal organization;
            ``(6) a Federal agency eligible to receive funds under 
        section 201, 203, or 204, including the Army Corps of 
        Engineers, Bureau of Reclamation, and the Bureau of Land 
        Management, that applies jointly with a State or group of 
        States;
            ``(7) a territory; and
            ``(8) a multistate or multijurisdictional group of entities 
        described in this paragraph.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
117 and inserting the following:

``117. Projects of national and regional significance.''.

SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT GRANT PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, as 
amended by this title, is further amended by adding at the end the 
following:
``Sec. 173. Community transportation investment grant program
    ``(a) Establishment.--The Secretary shall establish a community 
transportation investment grant program to improve surface 
transportation safety, state of good repair, accessibility, and 
environmental quality through infrastructure investments.
    ``(b) Grant Authority.--
            ``(1) In general.--In carrying out the program established 
        under subsection (a), the Secretary shall make grants, on a 
        competitive basis, to eligible entities in accordance with this 
        section.
            ``(2) Grant amount.--The maximum amount of a grant under 
        this section shall be $25,000,000.
    ``(c) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, at such time, and containing such information as the Secretary 
may require.
    ``(d) Eligible Project Costs.--Grant amounts for an eligible 
project carried out under this section may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to such land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
    ``(e) Rural and Community Setasides.--
            ``(1) In general.--The Secretary shall reserve--
                    ``(A) not less than 25 percent of the amounts made 
                available to carry out this section for projects 
                located in rural areas; and
                    ``(B) not less than 25 percent of the amounts made 
                available to carry out this section for projects 
                located in urbanized areas with a population greater 
                than 49,999 individuals and fewer than 200,001 
                individuals.
            ``(2) Definition of rural area.--In this subsection, the 
        term `rural area' means all areas of a State or territory not 
        included in urbanized areas.
            ``(3) Excess funding.--If the Secretary determines that 
        there are insufficient qualified applicants to use the funds 
        set aside under this subsection, the Secretary may use such 
        funds for grants for any projects eligible under this section.
    ``(f) Evaluation.--To evaluate applications under this section, the 
Secretary shall--
            ``(1) develop a process to objectively evaluate 
        applications on the benefits of the project proposed in such 
        application--
                    ``(A) to transportation safety, including 
                reductions in traffic fatalities and serious injuries;
                    ``(B) to state of good repair, including improved 
                condition of bridges and pavements;
                    ``(C) to transportation system access, including 
                improved access to jobs and services; and
                    ``(D) in reducing greenhouse gas emissions;
            ``(2) develop a rating system to assign a numeric value to 
        each application, based on each of the criteria described in 
        paragraph (1);
            ``(3) for each application submitted, compare the total 
        benefits of the proposed project, as determined by the rating 
        system developed under paragraph (2), with the costs of such 
        project, and rank each application based on the results of the 
        comparison; and
            ``(4) ensure that only such applications that are ranked 
        highly based on the results of the comparison conducted under 
        paragraph (3) are considered to receive a grant under this 
        section.
    ``(g) Weighting.--In establishing the evaluation process under 
subsection (f), the Secretary may assign different weights to the 
criteria described in subsection (f)(1) based on project type, 
population served by a project, and other context-sensitive 
considerations, provided that--
            ``(1) each application is rated on all criteria described 
        in subsection (f)(1); and
            ``(2) each application has the same possible minimum and 
        maximum rating, regardless of any differences in the weighting 
        of criteria.
    ``(h) Transparency.--
            ``(1) Publicly available information.--Prior to the 
        issuance of any notice of funding opportunity under this 
        section, the Secretary shall make publicly available on the 
        website of the Department of Transportation a detailed 
        explanation of the evaluation and rating process developed 
        under subsection (f), including any differences in the 
        weighting of criteria pursuant to subsection (g), if 
        applicable, and update such website for each revision of the 
        evaluation and rating process.
            ``(2) Notifications to congress.--The Secretary shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives, the Committee on Environment and 
        Public Works of the Senate, the Committee on Banking, Housing, 
        and Urban Affairs of the Senate, and the Committee on Commerce, 
        Science, and Transportation of the Senate the following written 
        notifications:
                    ``(A) A notification when the Secretary publishes 
                or updates the information required under paragraph 
                (1).
                    ``(B) Not later than 30 days prior to the date on 
                which the Secretary awards a grant under this section, 
                a notification that includes--
                            ``(i) the ratings of each application 
                        submitted pursuant to subsection (f)(2);
                            ``(ii) the ranking of each application 
                        submitted pursuant to subsection (f)(3); and
                            ``(iii) a list of all applications that 
                        receive final consideration by the Secretary to 
                        receive an award under this section pursuant to 
                        subsection (f)(4).
                    ``(C) Not later than 3 business days prior to the 
                date on which the Secretary announces the award of a 
                grant under this section, a notification describing 
                each grant to be awarded, including the amount and the 
                recipient.
    ``(i) Technical Assistance.--Of the amounts made available to carry 
out this section, the Secretary may reserve up to $3,000,000 to provide 
technical assistance to eligible entities.
    ``(j) Administration.--Of the amounts made available to carry out 
this section, the Secretary may reserve up to $5,000,000 for the 
administrative costs of carrying out the program under this section.
    ``(k) Treatment of Projects.--
            ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    ``(A) the requirements of this title to a highway 
                project;
                    ``(B) the requirements of chapter 53 of title 49 to 
                a public transportation project; and
                    ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
            ``(2) Multimodal projects.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            ``(i) determine the predominant modal 
                        component of the project; and
                            ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    ``(B) Exceptions.--
                            ``(i) Passenger or freight rail 
                        component.--For any passenger or freight rail 
                        component of a project, the requirements of 
                        section 22907(j)(2) of title 49 shall apply.
                            ``(ii) Public transportation component.--
                        For any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                    ``(C) Buy america.--In applying the Buy America 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                            ``(i) consider the various modal components 
                        of the project; and
                            ``(ii) seek to maximize domestic jobs.
    ``(l) Transparency.--
            ``(1) In general.--Not later than 30 days after awarding a 
        grant for a project under this section, the Secretary shall 
        send to all applicants, and publish on the website of the 
        Department of Transportation--
                    ``(A) a summary of each application made to the 
                program for the grant application period; and
                    ``(B) the evaluation and justification for the 
                project selection, including ratings and rankings 
                assigned to all applications and a list of applications 
                that received final consideration by the Secretary to 
                receive an award under this section, for the grant 
                application period.
            ``(2) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant under this section, the 
        opportunity to receive a briefing to explain any reasons the 
        grant applicant was not awarded a grant.
    ``(m) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a metropolitan planning organization;
                    ``(B) a unit of local government;
                    ``(C) a transit agency;
                    ``(D) an Indian Tribe or Tribal organization;
                    ``(E) a multijurisdictional group of entities 
                described in this paragraph;
                    ``(F) a special purpose district with a 
                transportation function or a port authority;
                    ``(G) a territory; or
                    ``(H) a State that applies for a grant under this 
                section jointly with an entity described in 
                subparagraphs (A) through (G).
            ``(2) Eligible project.--The term `eligible project' means 
        any project eligible under this title or chapter 53 of title 
        49.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is further amended by adding at the end the 
following new item:

``173. Community transportation investment grant program.''.

SEC. 1303. CLEAN CORRIDORS PROGRAM.

    (a) Purpose.--The purpose of this section is to establish a formula 
program to strategically deploy electric vehicle charging 
infrastructure along designated alternative fuel corridors that will be 
accessible to all drivers of electric vehicles.
    (b) National Electric Vehicle Charging and Hydrogen, Propane, and 
Natural Gas Fueling Corridors.--Section 151 of title 23, United States 
Code, is amended--
            (1) in subsection (a) by striking ``Not later than 1 year 
        after the date of enactment of the FAST Act, the Secretary 
        shall'' and inserting ``The Secretary shall periodically'';
            (2) in subsection (b)(2) by inserting ``previously 
        designated by the Federal Highway Administration or'' after 
        ``fueling corridors'';
            (3) in subsection (d)--
                    (A) by striking ``5 years after the date of 
                establishment of the corridors under subsection (a), 
                and every 5 years thereafter'' and inserting ``180 days 
                after the date of enactment of the INVEST in America 
                Act''; and
                    (B) by inserting ``establish a recurring process to 
                regularly'' after ``the Secretary shall'';
            (4) in subsection (e)--
                    (A) in paragraph (1) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (2)--
                            (i) by striking ``establishes an 
                        aspirational goal of achieving'' and inserting 
                        ``describes efforts to achieve''; and
                            (ii) by striking ``by the end of fiscal 
                        year 2020.'' and inserting ``, including 
                        progress on the implementation of subsection 
                        (f); and''; and
                    (C) by adding at the end the following:
            ``(3) summarizes best practices and provides guidance, 
        developed through consultation with the Secretary of Energy, 
        for project development of electric vehicle charging 
        infrastructure to allow for the predictable deployment of such 
        infrastructure.''; and
            (5) by adding at the end the following:
    ``(f) Clean Corridors Program.--
            ``(1) Establishment.--There is established a clean 
        corridors program (referred to in this subsection as the 
        ``Program'') to provide funding to States to strategically 
        deploy electric vehicle charging and hydrogen fueling 
        infrastructure along alternative fuel corridors and to 
        establish an interconnected network to facilitate data 
        collection, access, and reliability.
            ``(2) Purpose.--The purpose of the Program is to provide 
        funding for--
                    ``(A) the acquisition and installation of electric 
                vehicle charging infrastructure and hydrogen fueling 
                infrastructure to serve as a catalyst for the 
                deployment of such infrastructure and to connect it to 
                a network to facilitate data collection, access, and 
                reliability;
                    ``(B) proper operation and maintenance of electric 
                vehicle charging infrastructure; and
                    ``(C) data sharing about charging and fueling 
                infrastructure to ensure the long-term success of 
                investments made through the Program.
            ``(3) Alternative distribution of funds.--
                    ``(A) Plan.--The Secretary shall establish a 
                deadline by which a State shall provide a plan to the 
                Secretary, in such form and such manner that the 
                Secretary requires, describing how such State intends 
                to use its allocation under this section.
                    ``(B) Efficient obligation of funds.--If a State 
                fails to submit the plan required by subparagraph (A) 
                to the Secretary in a timely manner, or if the 
                Secretary determines a State has not taken sufficient 
                action to carry out its plan, the Secretary may--
                            ``(i) withdraw from the State the funds 
                        that were apportioned to the State for a fiscal 
                        year under section 104(b)(10);
                            ``(ii) award such funds on a competitive 
                        basis to local units of government within the 
                        State for use on projects that meet the 
                        eligibility requirements described in paragraph 
                        (4); and
                            ``(iii) ensure timely obligation of such 
                        funds.
                    ``(C) Redistribution among states.--If the 
                Secretary determines that any funds withdrawn from a 
                State under subparagraph (B)(i) cannot be fully awarded 
                to local units of government within the State under 
                subparagraph (B)(ii) in a manner consistent with the 
                purpose of this subsection, any such funds remaining 
                under subparagraph (B)(i) shall be--
                            ``(i) apportioned among other States 
                        (except States for which funds for that fiscal 
                        year have been withdrawn under subparagraph 
                        (B)(i)) in the same ratio as funds apportioned 
                        for that fiscal year under section 
                        104(b)(10)(C) for the Program; and
                            ``(ii) only available to carry out this 
                        section.
            ``(4) Eligible projects.--
                    ``(A) In general.--Funding made available under 
                this subsection shall be for projects--
                            ``(i) directly related to the electric 
                        charging or hydrogen fueling of a vehicle; and
                            ``(ii) only for infrastructure that is open 
                        to the general public or to authorized 
                        commercial motor vehicle operators from more 
                        than 1 company.
                    ``(B) Location of infrastructure.--
                            ``(i) In general.--Any charging or fueling 
                        infrastructure acquired or installed with 
                        funding under this subsection shall be located 
                        along an alternative fuel corridor.
                            ``(ii) Guidance.--Not later than 90 days 
                        after the date of enactment of the INVEST in 
                        America Act, the Secretary of Transportation, 
                        in coordination with the Secretary of Energy, 
                        shall develop guidance for States and 
                        localities to strategically deploy charging and 
                        fueling infrastructure along alternative fuel 
                        corridors, consistent with this section.
                            ``(iii) Additional considerations.--In 
                        developing the guidance required under clause 
                        (ii), the Secretary of Transportation, in 
                        coordination with the Secretary of Energy, 
                        shall consider--
                                    ``(I) the distance between publicly 
                                available charging and fueling 
                                infrastructure eligible under this 
                                section;
                                    ``(II) connections to the electric 
                                grid or fuel distribution system, 
                                including electric distribution 
                                upgrades, vehicle-to-grid integration, 
                                including smart charge management or 
                                other protocols that can minimize 
                                impacts to the electric grid, and 
                                alignment with electric distribution 
                                interconnection processes;
                                    ``(III) plans to protect the 
                                electric grid from added load of 
                                charging distribution systems from 
                                adverse impacts of changing load 
                                patterns, including through on site 
                                storage;
                                    ``(IV) plans for the use of 
                                renewable energy sources to power 
                                charging, energy storage, and hydrogen 
                                fuel production;
                                    ``(V) the proximity of existing 
                                off-highway travel centers, fuel 
                                retailers, and small businesses to 
                                electric vehicle charging 
                                infrastructure acquired or funded under 
                                this subsection;
                                    ``(VI) the need for publicly 
                                available electric vehicle charging 
                                infrastructure in rural corridors;
                                    ``(VII) the long-term operation and 
                                maintenance of publicly available 
                                electric vehicle charging 
                                infrastructure to avoid stranded assets 
                                and protect the investment of public 
                                funds in that infrastructure;
                                    ``(VIII) existing private, 
                                national, State, local, Tribal, and 
                                territorial government electric vehicle 
                                charging infrastructure programs and 
                                incentives;
                                    ``(IX) fostering enhanced, 
                                coordinated, public-private or private 
                                investment in charging and fueling 
                                infrastructure;
                                    ``(X) ensuring consumer protection 
                                and pricing transparency; and
                                    ``(XI) any other factors, as 
                                determined by the Secretary.
            ``(5) Eligible project costs.--Subject to paragraph (6), 
        funds made available under this subsection may be used for--
                    ``(A) the acquisition or installation of electric 
                vehicle charging or hydrogen fueling infrastructure;
                    ``(B) operating assistance for costs allocable to 
                operating and maintaining infrastructure acquired or 
                installed under this subsection, for a period not to 
                exceed five years;
                    ``(C) the acquisition or installation of traffic 
                control devices located in the right-of-way to provide 
                directional information to infrastructure acquired, 
                installed, or operated under this subsection; or
                    ``(D) on-premises signs to provide information 
                about infrastructure acquired, installed, or operated 
                under this subsection.
            ``(6) Project requirements.--Not later than 180 days after 
        the date of enactment of the INVEST in America Act, the 
        Secretary of Transportation, in coordination with the Secretary 
        of Energy, shall, as appropriate, develop standards and 
        requirements related to--
                    ``(A) the installation, operation, or maintenance 
                by qualified technicians of electric vehicle charging 
                infrastructure under this subsection;
                    ``(B) the physical, software, and payment 
                interoperability of electric vehicle charging 
                infrastructure under this subsection;
                    ``(C) any traffic control device or on-premises 
                sign acquired, installed, or operated under this 
                subsection;
                    ``(D) any data requested by the Secretary related 
                to a project funded under this subsection, including 
                the format and schedule for the submission of such 
                data; and
                    ``(E) network connectivity of electric vehicle 
                charging that includes measures to protect personal 
                privacy and ensure cybersecurity.
            ``(7) Federal share.--The Federal share payable for the 
        cost of a project funded under this subsection shall be 80 
        percent.
            ``(8) Period of availability.--Notwithstanding section 
        118(b), funds made available for the Program shall be available 
        until expended.
            ``(9) Additional assistance grants.--For each of fiscal 
        years 2023 through 2026, before making an apportionment under 
        section 104(b)(10), the Secretary shall set aside, from amounts 
        made available to carry out the clean corridors program under 
        this subsection, $100,000,000 for grants to States or 
        localities that require additional assistance to strategically 
        deploy infrastructure eligible under this subsection along 
        alternative fuel corridors to fill gaps in the national 
        charging network, including in rural areas.
            ``(10) Definition of alternative fuel corridors.--In this 
        subsection, the term `alternative fuel corridors' means a fuel 
        corridor--
                    ``(A) designated under subsection (a); or
                    ``(B) equivalent to a fuel corridor described under 
                such subsection that is designated, after consultation 
                with any affected Indian Tribes or Tribal 
                organizations, by a State or group of States.''.

SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS.

    (a) In General.--Chapter 1 of title 23, United States Code, as 
amended by this title, is further amended by inserting after section 
171 the following:
``Sec. 172. Community climate innovation grants
    ``(a) Establishment.--The Secretary shall establish a community 
climate innovation grant program (in this section referred to as the 
`Program') to make grants, on a competitive basis, for locally selected 
projects that reduce greenhouse gas emissions while improving the 
mobility, accessibility, and connectivity of the surface transportation 
system.
    ``(b) Purpose.--The purpose of the Program shall be to support 
communities in reducing greenhouse gas emissions from the surface 
transportation system.
    ``(c) Eligible Applicants.--The Secretary may make grants under the 
Program to the following entities:
            ``(1) A metropolitan planning organization.
            ``(2) A unit of local government or a group of local 
        governments, or a county or multi-county special district.
            ``(3) A subdivision of a local government.
            ``(4) A transit agency.
            ``(5) A special purpose district with a transportation 
        function or a port authority.
            ``(6) An Indian Tribe or Tribal organization.
            ``(7) A territory.
            ``(8) A multijurisdictional group of entities described in 
        paragraphs (1) through (7).
    ``(d) Applications.--To be eligible for a grant under the Program, 
an entity specified in subsection (c) shall submit to the Secretary an 
application in such form, at such time, and containing such information 
as the Secretary determines appropriate.
    ``(e) Eligible Projects.--The Secretary may only provide a grant 
under the Program for a project that is expected to yield a significant 
reduction in greenhouse gas emissions from the surface transportation 
system and--
            ``(1) is a project eligible for assistance under this title 
        or under chapter 53 of title 49, or is a capital project for 
        vehicles and facilities, whether publicly or privately owned, 
        that are used to provide intercity passenger service by bus; or
            ``(2) is a capital project as defined in section 22906 of 
        title 49 to improve intercity passenger rail that will yield a 
        significant reduction in single occupant vehicle trips and 
        improve mobility on public roads.
    ``(f) Eligible Uses.--Grant amounts received for a project under 
the Program may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
    ``(g) Project Prioritization.--In making grants for projects under 
the Program, the Secretary shall give priority to projects that are 
expected to yield the most significant reductions in greenhouse gas 
emissions from the surface transportation system.
    ``(h) Additional Considerations.--In making grants for projects 
under the Program, the Secretary shall consider the extent to which--
            ``(1) a project maximizes greenhouse gas reductions in a 
        cost-effective manner;
            ``(2) a project reduces dependence on single-occupant 
        vehicle trips or provides additional transportation options;
            ``(3) a project improves the connectivity and accessibility 
        of the surface transportation system, particularly to low- and 
        zero-emission forms of transportation, including public 
        transportation, walking, and bicycling;
            ``(4) an applicant has adequately considered or will 
        adequately consider, including through the opportunity for 
        public comment, the environmental justice and equity impacts of 
        the project;
            ``(5) a project contributes to geographic diversity among 
        grant recipients, including to achieve a balance between urban, 
        suburban, and rural communities;
            ``(6) a project serves low-income residents of low-income 
        communities, including areas of persistent poverty, while not 
        displacing such residents;
            ``(7) a project uses pavement materials that demonstrate 
        reductions in greenhouse gas emissions through sequestration or 
        innovative manufacturing processes;
            ``(8) a project repurposes neglected or underused 
        infrastructure, including abandoned highways, bridges, 
        railways, trail ways, and adjacent underused spaces, into new 
        hybrid forms of public space that support multiple modes of 
        transportation; and
            ``(9) a project includes regional multimodal transportation 
        system management and operations elements that will improve the 
        effectiveness of such project and encourage reduction of single 
        occupancy trips by providing the ability of users to plan, use, 
        and pay for multimodal transportation alternatives.
    ``(i) Funding.--
            ``(1) Maximum amount.--The maximum amount of a grant under 
        the Program shall be $25,000,000.
            ``(2) Technical assistance.--Of the amounts made available 
        to carry out the Program, the Secretary may use up to 1 percent 
        to provide technical assistance to applicants and potential 
        applicants.
    ``(j) Treatment of Projects.--
            ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    ``(A) the requirements of this title to a highway 
                project;
                    ``(B) the requirements of chapter 53 of title 49 to 
                a public transportation project; and
                    ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
            ``(2) Multimodal projects.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            ``(i) determine the predominant modal 
                        component of the project; and
                            ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    ``(B) Exceptions.--
                            ``(i) Passenger or freight rail 
                        component.--For any passenger or freight rail 
                        component of a project, the requirements of 
                        section 22907(j)(2) of title 49 shall apply.
                            ``(ii) Public transportation component.--
                        For any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                    ``(C) Buy america.--In applying the Buy America 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                            ``(i) consider the various modal components 
                        of the project; and
                            ``(ii) seek to maximize domestic jobs.
    ``(k) Single-Occupancy Vehicle Highway Facilities.--None of the 
funds provided under this section may be used for a project that will 
result in the construction of new capacity available to single occupant 
vehicles unless the project consists of a high-occupancy vehicle 
facility and is consistent with section 166.
    ``(l) Public Comment.--Prior to issuing the notice of funding 
opportunity for funding under this section for fiscal year 2023, the 
Secretary, in consultation with the Administrator of the Environmental 
Protection Agency, shall solicit public comment on the method of 
determining the significant reduction in greenhouse gas emissions 
required under subsection (e).
    ``(m) Consultation.--Prior to making an award under this section in 
a given fiscal year, the Secretary shall consult with the Administrator 
of the Environmental Protection Agency to determine which projects are 
expected to yield a significant reduction in greenhouse gas emissions 
as required under subsection (e).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 171 the following:

``172. Community climate innovation grants.''.

SEC. 1305. METRO PERFORMANCE PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a metro performance program in accordance with this section to enhance 
local decision making and provide enhanced local control in 
transportation project delivery.
    (b) Direct Recipient Designation.--
            (1) In general.--The Secretary shall designate high-
        performing metropolitan planning organizations based on the 
        criteria in paragraph (3) to be direct recipients of funds 
        under this section.
            (2) Authority.--Nothing in this section shall be construed 
        to prohibit a direct recipient from taking any action otherwise 
        authorized to secure and expend Federal funds authorized under 
        chapter 1 of title 23, United States Code.
            (3) Criteria.--In designating an applicant under this 
        subsection, the Secretary shall consider--
                    (A) the legal, financial, and technical capacity of 
                the applicant;
                    (B) the level of coordination between the applicant 
                and--
                            (i) the State department of transportation 
                        of the State or States in which the 
                        metropolitan planning area represented by the 
                        applicant is located;
                            (ii) local governments and providers of 
                        public transportation within the metropolitan 
                        planning area represented by the applicant; and
                            (iii) if more than one metropolitan 
                        planning organization is designated within an 
                        urbanized area represented by the applicant, 
                        any other such metropolitan planning 
                        organization;
                    (C) in the case of an applicant that represents an 
                urbanized area population of greater than 200,000, the 
                effectiveness of project delivery and timely obligation 
                of funds made available under section 133(d)(1)(A)(i) 
                of title 23, United States Code;
                    (D) if the applicant or a local government within 
                the metropolitan planning area that the applicant 
                represents has been the recipient of a discretionary 
                grant from the Secretary within the preceding 5 years, 
                the administration of such grant;
                    (E) the extent to which the planning and decision 
                making process of the applicant, including the long-
                range transportation plan and the approved 
                transportation improvement program under section 134 of 
                such title, support--
                            (i) the performance goals established under 
                        section 150(b) of such title; and
                            (ii) the achievement of metropolitan or 
                        statewide performance targets established under 
                        section 150(d) of such title;
                    (F) whether the applicant is a designated recipient 
                of funds as described under subparagraphs (A) and (B) 
                of section 5302(4) of title 49, United States Code, or 
                a direct recipient of funds under section 5307 of such 
                title from the Federal Transit Administration; and
                    (G) any other criteria established by the 
                Secretary.
            (4) Requirements.--
                    (A) Call for nomination.--Not later than February 
                1, 2022, the Secretary shall publish in the Federal 
                Register a notice soliciting applications for 
                designation under this subsection.
                    (B) Guidance.--The notification under paragraph (1) 
                shall include guidance on the requirements and 
                responsibilities of a direct recipient under this 
                section, including implementing regulations.
                    (C) Determination.--The Secretary shall make all 
                designations under this section for fiscal year 2023 
                not later than June 1, 2022.
            (5) Term.--Except as provided in paragraph (6), a 
        designation under this subsection shall--
                    (A) be for a period of not less than 5 years; and
                    (B) be renewable.
            (6) Termination.--
                    (A) In general.--The Secretary shall establish 
                procedures for the termination of a designation under 
                this subsection.
                    (B) Considerations.--In establishing procedures 
                under subparagraph (A), the Secretary shall consider--
                            (i) with respect to projects carried out 
                        under this section, compliance with the 
                        requirements of title 23, United States Code, 
                        or chapter 53 of title 49, United States Code; 
                        and
                            (ii) the obligation rate of any funds--
                                    (I) made available under this 
                                section; and
                                    (II) in the case of a metropolitan 
                                planning organization that represents a 
                                metropolitan planning area with an 
                                urbanized area population of greater 
                                than 200,000, made available under 
                                section 133(d)(1)(A)(i) of title 23, 
                                United States Code.
    (c) Use of Funds.--
            (1) Eligible projects.--Funds made available under this 
        section may be obligated for the purposes described in section 
        133(b) of title 23, United States Code.
            (2) Administrative expenses and technical assistance.--Of 
        the amounts made available under this section, the Secretary 
        may set aside not more than $5,000,000 for program management, 
        oversight, and technical assistance to direct recipients.
    (d) Responsibilities of Direct Recipients.--
            (1) Direct availability of funds.--Notwithstanding title 
        23, United States Code, the amounts made available under this 
        section shall be allocated to each direct recipient for 
        obligation.
            (2) Distribution of amounts among direct recipients.--
                    (A) In general.--Subject to subparagraph (B), on 
                the first day of the fiscal year for which funds are 
                made available under this section, the Secretary shall 
                allocate such funds to each direct recipient as the 
                proportion of the population (as determined by data 
                collected by the Bureau of the Census) of the urbanized 
                area represented by any 1 direct recipient bears to the 
                total population of all of urbanized areas represented 
                by all direct recipients.
                    (B) Minimum and maximum amounts.--Of funds 
                allocated to direct recipients under subparagraph (A), 
                each direct recipient shall receive not less than 
                $10,000,000 and not more than $50,000,000 each fiscal 
                year.
                    (C) Minimum guaranteed amount.--In making a 
                determination whether to designate a metropolitan 
                planning organization as a direct recipient under 
                subsection (b), the Secretary shall ensure that each 
                direct recipient receives the minimum required 
                allocation under subparagraph (B).
                    (D) Additional amounts.--If any amounts remain 
                undistributed after the distribution described in this 
                subsection, such remaining amounts and an associated 
                amount of obligation limitation shall be made available 
                as if suballocated under clauses (i) and (ii) of 
                section 133(d)(1)(A) of title 23, United States Code, 
                and distributed among the States in the proportion that 
                the relative shares of the population (as determined by 
                data collected by the Bureau of the Census) of the 
                urbanized areas of each State bears to the total 
                populations of all urbanized areas across all States.
            (3) Project delivery.--
                    (A) In general.--For 1 or more projects carried out 
                with funds provided under this section, the direct 
                recipient may, consistent with the agreement entered 
                into with the Secretary under this paragraph, assume 
                the Federal-aid highway project approval and oversight 
                responsibilities vested in the State department of 
                transportation under section 106 of title 23, United 
                States Code.
                    (B) Partnership.--The direct recipient may partner 
                with a State, unit of local government, regional 
                entity, or transit agency to carry out a project under 
                this section.
                    (C) Procedural, legal, and substantive 
                requirements.--A direct recipient entering into an 
                agreement with the Secretary under this section shall 
                assume responsibility for compliance with all 
                procedural and substantive requirements as would apply 
                if that responsibility were carried out by a State, 
                unless the direct recipient or the Secretary determines 
                that such assumption of responsibility for 1 or more of 
                the procedural and substantive requirements is not 
                appropriate.
                    (D) Written agreement.--The Secretary and the 
                direct recipient shall enter into an agreement in 
                writing relating to the extent to which the direct 
                recipient assumes the responsibilities of the Secretary 
                under this paragraph. Such agreement shall be developed 
                in consultation with the State.
                    (E) Use of funds.--The direct recipient may use 
                amounts made available under this section for costs 
                incurred in implementing this paragraph and to 
                compensate a State, unit of local government, or 
                transit agency for costs incurred in providing 
                assistance under this paragraph.
                    (F) Limitations.--The direct recipient may not 
                assume responsibilities described in subparagraph (A) 
                for any project that the Secretary determines to be in 
                a high-risk category, including projects on the 
                National Highway System.
    (e) Expenditure of Funds.--
            (1) Consistency with metropolitan planning.--Except as 
        otherwise provided in this section, programming and expenditure 
        of funds for projects under this section shall be consistent 
        with the requirements of section 134 of title 23, United States 
        Code, and section 5303 of title 49, United States Code.
            (2) Selection of projects.--
                    (A) In general.--Notwithstanding subsections (j)(5) 
                and (k)(4) of section 134 of title 23, United States 
                Code, or subsections (j)(5) and (k)(4) of section 5303 
                of title 49, United States Code, a direct recipient 
                shall select, from the approved transportation 
                improvement program under such sections, all projects 
                to be funded under this section, including projects on 
                the National Highway System.
                    (B) Eligible projects.--The project selection 
                process described in this subsection shall apply to all 
                federally funded projects within the boundaries of a 
                metropolitan planning area served by a direct recipient 
                that are carried out under this section.
                    (C) Consultation required.--In selecting a project 
                under this subsection, the metropolitan planning 
                organization shall consult with--
                            (i) in the case of a highway project, the 
                        State and locality in which such project is 
                        located; and
                            (ii) in the case of a transit project, any 
                        affected public transportation operator.
            (3) Rule of construction.--Nothing in this section shall be 
        construed to limit the ability of a direct recipient to partner 
        with a State department of transportation or other recipient of 
        Federal funds under title 23, United States Code, or chapter 53 
        of title 49, United States Code, to carry out a project.
    (f) Treatment of Funds.--
            (1) In general.--Except as provided in this section, funds 
        made available to carry out this section shall be administered 
        as if apportioned under chapter 1 of title 23, United States 
        Code.
            (2) Federal share.--The Federal share of the cost of a 
        project carried out under this section shall be determined in 
        accordance with section 120 of title 23, United States Code.
    (g) Report.--
            (1) Direct recipient report.--Not later than 60 days after 
        the end of each fiscal year, each direct recipient shall submit 
        to the Secretary a report that includes--
                    (A) a list of projects funded with amounts provided 
                under this section;
                    (B) a description of any obstacles to complete 
                projects or timely obligation of funds; and
                    (C) recommendations to improve the effectiveness of 
                the program under this section.
            (2) Report to congress.--Not later than October 1, 2024, 
        the Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a report 
        that--
                    (A) summarizes the findings of each direct 
                recipient provided under paragraph (1);
                    (B) describes the efforts undertaken by both direct 
                recipients and the Secretary to ensure compliance with 
                the requirements of title 23 and chapter 53 of title 
                49, United States Code;
                    (C) analyzes the capacity of direct recipients to 
                receive direct allocations of funds under chapter 1 of 
                title 23, United States Code; and
                    (D) provides recommendations from the Secretary 
                to--
                            (i) improve the administration, oversight, 
                        and performance of the program established 
                        under this section;
                            (ii) improve the effectiveness of direct 
                        recipients to complete projects and obligate 
                        funds in a timely manner; and
                            (iii) evaluate options to expand the 
                        authority provided under this section, 
                        including to allow for the direct allocation to 
                        metropolitan planning organizations of funds 
                        made available to carry out clause (i) or (ii) 
                        of section 133(d)(1)(A) of title 23, United 
                        States Code.
            (3) Update.--Not less frequently than every 2 years, the 
        Secretary shall update the report described in paragraph (2).
    (h) Definitions.--
            (1) Direct recipient.--In this section, the term ``direct 
        recipient'' means a metropolitan planning organization 
        designated by the Secretary as high-performing under subsection 
        (b) and that was directly allocated funds as described in 
        subsection (d).
            (2) Metropolitan planning area.--The term ``metropolitan 
        planning area'' has the meaning given such term in section 134 
        of title 23, United States Code.
            (3) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given 
        such term in section 134 of title 23, United States Code.
            (4) National highway system.--The term ``National Highway 
        System'' has the meaning given such term in section 101 of 
        title 23, United States Code.
            (5) State.--The term ``State'' has the meaning given such 
        term in section 101 of title 23, United States Code.
            (6) Urbanized area.--The term ``urbanized area'' has the 
        meaning given such term in section 134 of title 23, United 
        States Code.

SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a gridlock reduction program to make grants, on a competitive basis, 
for projects to reduce, and mitigate the adverse impacts of, traffic 
congestion.
    (b) Applications.--To be eligible for a grant under this section, 
an applicant shall submit to the Secretary an application in such form, 
at such time, and containing such information as the Secretary 
determines appropriate.
    (c) Eligible Applicants.--The Secretary may make grants under this 
section to an applicant that is serving a combined statistical area, as 
defined by the Office of Management and Budget, with a population of 
not less than 1,300,000 and that is--
            (1) a metropolitan planning organization;
            (2) a unit of local government or a group of local 
        governments;
            (3) a multijurisdictional group of entities described in 
        paragraphs (1) and (2);
            (4) a special purpose district or public authority with a 
        transportation function, including a port authority; or
            (5) a State that is in partnership with an entity or group 
        of entities described in paragraph (1), (2), or (3).
    (d) Eligible Projects.--The Secretary may award grants under this 
section to applicants that submit a comprehensive program of surface 
transportation-related projects to reduce traffic congestion and 
related adverse impacts, including a project for one or more of the 
following:
            (1) Transportation systems management and operations.
            (2) Intelligent transportation systems.
            (3) Real-time traveler information.
            (4) Traffic incident management.
            (5) Active traffic management.
            (6) Traffic signal timing.
            (7) Multimodal travel payment systems.
            (8) Transportation demand management, including employer-
        based commuting programs such as carpool, vanpool, transit 
        benefit, parking cashout, shuttle, or telework programs.
            (9) A project to provide transportation options to reduce 
        traffic congestion, including--
                    (A) a project under chapter 53 of title 49, United 
                States Code;
                    (B) a bicycle or pedestrian project, including a 
                project to provide safe and connected active 
                transportation networks; and
                    (C) a surface transportation project carried out in 
                accordance with the national travel and tourism 
                infrastructure strategic plan under section 1431(e) of 
                the FAST Act (49 U.S.C. 301 note).
            (10) Any other project, as determined appropriate by the 
        Secretary.
    (e) Award Prioritization.--
            (1) In general.--In selecting grants under this section, 
        the Secretary shall prioritize applicants serving urbanized 
        areas, as described in subsection (c), that are experiencing a 
        high degree of recurrent transportation congestion, as 
        determined by the Secretary.
            (2) Additional considerations.--In selecting grants under 
        this section, the Secretary shall also consider the extent to 
        which the project would--
                    (A) reduce traffic congestion and improve the 
                reliability of the surface transportation system;
                    (B) mitigate the adverse impacts of traffic 
                congestion on the surface transportation system, 
                including safety and environmental impacts;
                    (C) maximize the use of existing capacity; and
                    (D) employ innovative, integrated, and multimodal 
                solutions to the items described in subparagraphs (A), 
                (B), and (C).
    (f) Federal Share.--
            (1) In general.--The Federal share of the cost of a project 
        carried out under this section may not exceed 60 percent.
            (2) Maximum federal share.--Federal assistance other than a 
        grant for a project under this section may be used to satisfy 
        the non-Federal share of the cost of such project, except that 
        the total Federal assistance provided for a project receiving a 
        grant under this section may not exceed 80 percent of the total 
        project cost.
    (g) Use of Funds.--Funds made available for a project under this 
section may be used for--
            (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
    (h) Funding.--
            (1) Grant amount.--A grant under this section shall be in 
        an amount not less than $10,000,000 and not more than 
        $50,000,000.
            (2) Availability.--Funds made available under this program 
        shall be available until expended.
    (i) Freight Project Set-Aside.--
            (1) In general.--The Secretary shall set aside not less 
        than 50 percent of the funds made available to carry out this 
        section for grants for freight projects under this subsection.
            (2) Eligible uses.--The Secretary shall provide funds set 
        aside under this subsection to applicants that submit a 
        comprehensive program of surface transportation-related 
        projects to reduce freight-related traffic congestion and 
        related adverse impacts, including--
                    (A) freight intelligent transportation systems;
                    (B) real-time freight parking information;
                    (C) real-time freight routing information;
                    (D) freight transportation and delivery safety 
                projects;
                    (E) first-mile and last-mile delivery solutions;
                    (F) shifting freight delivery to off-peak travel 
                times;
                    (G) reducing greenhouse gas emissions and air 
                pollution from freight transportation and delivery, 
                including through the use of innovative vehicles that 
                produce fewer greenhouse gas emissions;
                    (H) use of centralized delivery locations;
                    (I) designated freight vehicle parking and staging 
                areas;
                    (J) curb space management; and
                    (K) other projects, as determined appropriate by 
                the Secretary.
            (3) Award prioritization.--
                    (A) In general.--In providing funds set aside under 
                this section, the Secretary shall prioritize applicants 
                serving urbanized areas, as described in subsection 
                (c), that are experiencing a high degree of recurrent 
                congestion due to freight transportation, as determined 
                by the Secretary.
                    (B) Additional considerations.--In providing funds 
                set aside under this subsection, the Secretary shall 
                consider the extent to which the proposed project--
                            (i) reduces freight-related traffic 
                        congestion and improves the reliability of the 
                        freight transportation system;
                            (ii) mitigates the adverse impacts of 
                        freight-related traffic congestion on the 
                        surface transportation system, including safety 
                        and environmental impacts;
                            (iii) maximizes the use of existing 
                        capacity;
                            (iv) employs innovative, integrated, and 
                        multimodal solutions to the items described in 
                        clauses (i) through (iii);
                            (v) leverages Federal funds with non-
                        Federal contributions; and
                            (vi) integrates regional multimodal 
                        transportation management and operational 
                        projects that address both passenger and 
                        freight congestion.
            (4) Flexibility.--If the Secretary determines that there 
        are insufficient qualified applicants to use the funds set 
        aside under this subsection, the Secretary may use such funds 
        for grants for any projects eligible under this section.
    (j) Report.--
            (1) Recipient report.--The Secretary shall ensure that not 
        later than 2 years after the Secretary awards grants under this 
        section, the recipient of each such grant submits to the 
        Secretary a report that contains--
                    (A) information on each activity or project that 
                received funding under this section;
                    (B) a summary of any non-Federal resources 
                leveraged by a grant under this section;
                    (C) any statistics, measurements, or quantitative 
                assessments that demonstrate the congestion reduction, 
                reliability, safety, and environmental benefits 
                achieved through activities or projects that received 
                funding under this section; and
                    (D) any additional information required by the 
                Secretary.
            (2) Report to congress.--Not later than 9 months after the 
        date specified in paragraph (1), the Secretary shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works, the Committee on Commerce, Science, and Transportation, 
        and the Committee on Banking, Housing, and Urban Affairs of the 
        Senate, and make publicly available on a website, a report 
        detailing--
                    (A) a summary of any information provided under 
                paragraph (1); and
                    (B) recommendations and best practices to--
                            (i) reduce traffic congestion, including 
                        freight-related traffic congestion, and improve 
                        the reliability of the surface transportation 
                        system;
                            (ii) mitigate the adverse impacts of 
                        traffic congestion, including freight-related 
                        traffic congestion, on the surface 
                        transportation system, including safety and 
                        environmental impacts; and
                            (iii) employ innovative, integrated, and 
                        multimodal solutions to the items described in 
                        clauses (i) and (ii).
    (k) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works, the Committee on 
Commerce, Science, and Transportation, and the Committee on Banking, 
Housing, and Urban Affairs of the Senate of the intention to award such 
a grant.
    (l) Treatment of Projects.--
            (1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    (A) the requirements of title 23, United States 
                Code, to a highway project;
                    (B) the requirements of chapter 53 of title 49, 
                United States Code, to a public transportation project; 
                and
                    (C) the requirements of section 22905 of title 49, 
                United States Code, to a passenger rail or freight rail 
                project.
            (2) Multimodal projects.--
                    (A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            (i) determine the predominant modal 
                        component of the project; and
                            (ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    (B) Exceptions.--
                            (i) Passenger or freight rail component.--
                        For any passenger or freight rail component of 
                        a project, the requirements of section 
                        22907(j)(2) of title 49, United States Code, 
                        shall apply.
                            (ii) Public transportation component.--For 
                        any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49, United States Code, shall apply.
                    (C) Buy america.--In applying the Buy America 
                requirements under section 313 of title 23, United 
                States Code, and sections 5320, 22905(a), and 24305(f) 
                of title 49, United States Code, to a multimodal 
                project under this paragraph, the Secretary shall--
                            (i) consider the various modal components 
                        of the project; and
                            (ii) seek to maximize domestic jobs.
    (m) Treatment of Funds.--Except as provided in subsection (l), 
funds authorized for the purposes described in this section shall be 
available for obligation in the same manner as if the funds were 
apportioned under chapter 1 of title 23, United States Code.

SEC. 1307. REBUILD RURAL BRIDGES PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a rebuild rural bridges program to improve the safety and state of good 
repair of bridges in rural communities.
    (b) Grant Authority.--In carrying out the program established in 
subsection (a), the Secretary shall make grants, on a competitive 
basis, to eligible applicants in accordance with this section.
    (c) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, at such time, and containing such information as the Secretary 
determines appropriate.
    (d) Eligible Projects.--The Secretary--
            (1) shall provide grants under this section to projects 
        eligible under title 23, United States Code, including projects 
        on and off of the Federal-aid highway system, to inspect, 
        replace, rehabilitate, or preserve--
                    (A) an off-system bridge;
                    (B) a bridge on Tribal land; or
                    (C) a bridge in poor condition located in a rural 
                community; and
            (2) may provide a grant for a bundle of bridges described 
        in paragraph (1).
    (e) Eligible Project Costs.--A recipient of a grant under this 
section may use such grant for--
            (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities;
            (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, and construction contingencies; and
            (3) bridge inspection, evaluation, and preservation.
    (f) Federal Share.--
            (1) In general.--The Federal share of the cost of a project 
        carried out using a grant under this section may not exceed 80 
        percent of the total cost of such project.
            (2) Maximum federal assistance.--Federal assistance other 
        than a grant under this section may be used to satisfy up to 
        100 percent of the total cost of such project.
    (g) Considerations.--In making grants under this section, the 
Secretary shall consider--
            (1) whether the project can be completed without additional 
        Federal funding or financial assistance available to the 
        project sponsor, beyond existing Federal apportionments; and
            (2) the level of benefits the project is expected to 
        generate, including--
                    (A) the costs avoided by the prevention of closure 
                or reduced use of the asset to be improved by the 
                project;
                    (B) reductions in maintenance costs over the life 
                of the asset;
                    (C) safety benefits, including the reduction of 
                accidents and related costs; and
                    (D) benefits to the economy of the rural or Tribal 
                community.
    (h) Investments in Colonias.--
            (1) In general.--Of the grants made available under this 
        section, not less than $10,000,000 for fiscal years 2023 
        through 2026 shall be made available to provide grants that 
        improve the safety, state of good repair, or connectivity 
        through bridge investments in and providing access to, 
        colonias.
            (2) Colonia defined.--In this section, the term ``colonia'' 
        means any identifiable community that--
                    (A) is in the State of Arizona, California, New 
                Mexico, or Texas;
                    (B) is in the area of the United States within 150 
                miles of the border between the United States and 
                Mexico, except that the term does not include any 
                standard metropolitan statistical area that has a 
                population exceeding 1,000,000;
                    (C) is determined to be a colonia on the basis of 
                objective criteria, including lack of potable water 
                supply, lack of adequate sewage systems, and lack of 
                decent, safe, and sanitary housing; and
                    (D) was in existence as a colonia before November 
                28, 1990.
    (i) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate of the 
intention to award such a grant.
    (j) Definitions.--In this section:
            (1) Eligible applicant.--The term ``eligible applicant'' 
        means--
                    (A) a State;
                    (B) a metropolitan planning organization or a 
                regional transportation planning organization;
                    (C) a unit of local government;
                    (D) a Federal land management agency;
                    (E) an Indian Tribe or Tribal organization;
                    (F) a territory; and
                    (G) a multijurisdictional group of entities 
                described in subparagraph (A) through (F).
            (2) Off system bridge.--The term ``off-system bridge'' has 
        the meaning given such term in section 133(f) of title 23, 
        United States Code, (as added by this Act).
            (3) Rural community.--The term ``rural community'' means an 
        area that is not an urbanized area, as such term is defined in 
        section 101(a) of title 23, United States Code.

SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES.

    (a) Establishment.--The Secretary of Transportation shall establish 
a program under which the Secretary shall make grants, on a competitive 
basis, to eligible entities to address the shortage of parking for 
commercial motor vehicles to improve the safety of commercial motor 
vehicle operators.
    (b) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, at such time, and containing such information as the Secretary 
may require.
    (c) Eligible Projects.--Projects eligible under this section are 
projects that--
            (1) construct safety rest areas that include parking for 
        commercial motor vehicles;
            (2) construct commercial motor vehicle parking facilities--
                    (A) adjacent to private commercial truckstops and 
                travel plazas;
                    (B) within the boundaries of, or adjacent to, a 
                publicly owned freight facility, including a port 
                terminal operated by a public authority; and
                    (C) at existing facilities, including inspection 
                and weigh stations and park-and-ride locations;
            (3) open existing weigh stations, safety rest areas, and 
        park-and-ride facilities to commercial motor vehicle parking;
            (4) facilitate access to publicly and privately provided 
        commercial motor vehicle parking, such as through the use of 
        intelligent transportation systems;
            (5) construct turnouts along a Federal-aid highway for 
        commercial motor vehicles;
            (6) make capital improvements to public commercial motor 
        vehicle parking facilities that are closed on a seasonal basis 
        to allow the facilities to remain open year-round;
            (7) open existing commercial motor vehicle chain-up areas 
        that are closed on a seasonal basis to allow the facilities to 
        remain open year-round for commercial motor vehicle parking;
            (8) address commercial motor vehicle parking and layover 
        needs in emergencies that strain the capacity of existing 
        publicly and privately provided commercial motor vehicle 
        parking; and
            (9) make improvements to existing commercial motor vehicle 
        parking facilities, including advanced truckstop 
        electrification systems.
    (d) Use of Funds.--
            (1) In general.--An eligible entity may use a grant under 
        this section for--
                    (A) development phase activities, including 
                planning, feasibility analysis, benefit-cost analysis, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities 
                necessary to advance a project described in subsection 
                (c); and
                    (B) construction and operational improvements, as 
                such terms are defined in section 101 of title 23, 
                United States Code.
            (2) Private sector participation.--An eligible entity that 
        receives a grant under this section may partner with a private 
        entity to carry out an eligible project under this section.
            (3) Limitation.--Not more than 10 percent of the amounts 
        made available to carry out this section may be used to promote 
        the availability of existing commercial motor vehicle parking.
    (e) Selection Criteria.--In making grants under this section, the 
Secretary shall consider--
            (1) in the case of construction of new commercial motor 
        vehicle parking capacity, the shortage of public and private 
        commercial motor vehicle parking near the project; and
            (2) the extent to which each project--
                    (A) would increase commercial motor vehicle parking 
                capacity or utilization;
                    (B) would facilitate the efficient movement of 
                freight;
                    (C) would improve safety, traffic congestion, and 
                air quality;
                    (D) is cost effective; and
                    (E) reflects consultation with motor carriers, 
                commercial motor vehicle operators, and private 
                providers of commercial motor vehicle parking.
    (f) Notification of Congress.--Not later than 3 business days 
before announcing a project selected to receive a grant under this 
section, the Secretary of Transportation shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate of the 
intention to award such a grant.
    (g) Federal Share.--The Federal share of the cost of a project 
under this section shall be determined in accordance with subsections 
(b) and (c) of section 120 of title 23, United States Code.
    (h) Prohibition on Charging Fees.--To be eligible for a grant under 
this section, an eligible entity shall certify that no fees will be 
charged for the use of a project assisted with such grant.
    (i) Amendment to MAP-21.--Section 1401(c)(1) of MAP-21 (23 U.S.C. 
137 note) is amended--
            (1) by inserting ``and private providers of commercial 
        motor vehicle parking'' after ``personnel''; and
            (2) in subparagraph (A) by striking ``the capability of the 
        State to provide'' and inserting ``the availability of''.
    (j) Survey; Comparative Assessment; Report.--
            (1) Update.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall update the survey of 
        each State required under section 1401(c)(1) of the MAP-21 (23 
        U.S.C. 137 note).
            (2) Report.--Not later than 1 year after the deadline under 
        paragraph (1), the Secretary shall publish on the website of 
        the Department of Transportation a report that--
                    (A) evaluates the availability of adequate parking 
                and rest facilities for commercial motor vehicles 
                engaged in interstate transportation;
                    (B) evaluates the effectiveness of the projects 
                funded under this section in improving access to 
                commercial motor vehicle parking; and
                    (C) reports on the progress being made to provide 
                adequate commercial motor vehicle parking facilities in 
                the State.
            (3) Consultation.--The Secretary shall prepare the report 
        required under paragraph (2) in consultation with--
                    (A) relevant State motor carrier safety personnel;
                    (B) motor carriers and commercial motor vehicle 
                operators; and
                    (C) private providers of commercial motor vehicle 
                parking.
    (k) Definitions.--In this section:
            (1) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given such term in section 31132 of 
        title 49, United States Code.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a metropolitan planning organization;
                    (C) a unit of local government;
                    (D) a political subdivision of a State or local 
                government carrying out responsibilities relating to 
                commercial motor vehicle parking; and
                    (E) a multistate or multijurisdictional group of 
                entities described in subparagraphs (A) through (D).
            (3) Safety rest area.--The term ``safety rest area'' has 
        the meaning given such term in section 120(c) of title 23, 
        United States Code.

SEC. 1309. ACTIVE CONNECTED TRANSPORTATION GRANT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
an active connected transportation grant program to provide for safe 
and connected active transportation networks and active transportation 
connectors.
    (b) Grant Authority.--In carrying out the program established in 
subsection (a), the Secretary shall make grants, on a competitive 
basis, in accordance with this section.
    (c) Eligible Applicants.--The Secretary may make a grant under this 
section to--
            (1) a State;
            (2) a metropolitan planning organization;
            (3) a regional transportation authority;
            (4) a unit of local government, including a county or 
        multi-county special district;
            (5) a Federal land management agency;
            (6) a natural resource or public land agency;
            (7) an Indian Tribe or Tribal organization;
            (8) any local or regional governmental entity with 
        responsibility for or oversight of transportation or 
        recreational trails; and
            (9) a multistate or multijurisdictional group of entities 
        described in this subsection.
    (d) Applications.--To be eligible for a grant under this section, 
an entity specified under subsection (c) shall submit to the Secretary 
an application in such form, at such time, and containing such 
information as the Secretary determines appropriate.
    (e) Eligible Projects.--The Secretary shall provide grants under 
this section to projects that improve the connectivity and the use of 
active transportation facilities--
            (1) including--
                    (A) active transportation networks;
                    (B) active transportation connectors; and
                    (C) planning related to the development of--
                            (i) active transportation networks;
                            (ii) active transportation connectors; and
                            (iii) vision zero plans or complete streets 
                        prioritization plans under section 1601; and
            (2) that have--
                    (A) total project costs of not less than 
                $15,000,000; or
                    (B) in the case of planning grants under subsection 
                (f)(2), a total cost of not less than $100,000.
    (f) Use of Funds.--
            (1) In general.--Of the amounts made available to carry out 
        this section for fiscal years 2023 through 2026 and except as 
        provided in paragraph (2), the Secretary shall obligate--
                    (A) not less than 30 percent to eligible projects 
                that construct active transportation networks; and
                    (B) not less than 30 percent to eligible projects 
                that construct active transportation connectors.
            (2) Planning grants.--Of the amounts made available to 
        carry out this section for fiscal years 2023 through 2026, the 
        Secretary may use not more than 10 percent to provide planning 
        grants to eligible applicants for activities under subsection 
        (e)(1)(C).
    (g) Considerations.--In making grants under this section, the 
Secretary shall consider the extent to which--
            (1) a project is likely to provide substantial additional 
        opportunities for active transportation, including walking and 
        bicycling, including through the creation of--
                    (A) active transportation networks connecting 
                destinations within or between communities, including 
                between schools, workplaces, residences, businesses, 
                recreation areas, and other community areas; and
                    (B) active transportation connectors connecting 2 
                or more communities, metropolitan areas, or States, 
                including greenway paths;
            (2) an applicant has adequately considered or will 
        consider, including through the opportunity for public comment, 
        the environmental justice and equity impacts of the project;
            (3) the project would improve safety for vulnerable road 
        users, including through the use of complete street design 
        policies or a safe system approach; and
            (4) a project integrates active transportation facilities 
        with public transportation services, where available, to 
        improve access to public transportation.
    (h) Limitation.--
            (1) In general.--The share of the cost of a project 
        assisted with a grant under this section may not exceed 80 
        percent.
            (2) Maximum federal assistance.--Federal assistance other 
        than a grant under this section may be used to satisfy up to 
        100 percent of the total project cost.
    (i) Eligible Project Costs.--Amounts made available for a project 
under this section may be used for--
            (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
    (j) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary of Transportation shall notify 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant.
    (k) Definitions.--In this section:
            (1) Active transportation network.--The term ``active 
        transportation network'' means facilities built for alternative 
        methods of transportation to motor vehicles for individuals, 
        including sidewalks, bikeways, and pedestrian and bicycle 
        trails, that connect destinations within an area covered by a 
        unit of local government, a county, a community, including a 
        community on Federal lands, or a metropolitan area.
            (2) Active transportation connector.--The term ``active 
        transportation connector'' means facilities built for 
        alternative methods of transportation to motor vehicles for 
        individuals, including sidewalks, bikeways, and pedestrian and 
        bicycle trails, that connect 2 or more active transportation 
        networks or connect communities, areas covered by a unit of 
        local government, counties, metropolitan areas, Federal lands, 
        or States.
            (3) Greenway path.--The term ``greenway path'' means an 
        active transportation connector that--
                    (A) crosses jurisdictional boundaries, including 
                State lines, and provides for connectivity between 
                multiple communities, counties, metropolitan areas, or 
                States; or
                    (B) is a component of a regionally or nationally 
                significant network.
            (4) Safe system approach.--The term ``safe system 
        approach'' has the meaning given such term in section 148(a) of 
        title 23, United States Code.
            (5) Vulnerable road user.--The term ``vulnerable road 
        user'' has the meaning given such term in section 148(a) of 
        title 23, United States Code.

SEC. 1310. WILDLIFE CROSSINGS PROGRAM.

    (a) Establishment.--The Secretary shall establish a competitive 
wildlife crossings grant program (referred to in this section as the 
``program'') to provide grants for projects that seek to achieve--
            (1) a reduction in the number of wildlife-vehicle 
        collisions; and
            (2) improved habitat connectivity for terrestrial and 
        aquatic species.
    (b) Eligible Entities.--The Secretary may make grants under the 
program to the following entities:
            (1) A State.
            (2) An Indian Tribe or Tribal organization.
            (3) A territory.
            (4) A Federal land management agency described in section 
        203(b) of title 23, United States Code.
            (5) A group of entities described in paragraphs (1) through 
        (4).
    (c) Applications.--To be eligible to receive a grant under the 
program, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
    (d) Considerations.--In selecting grant recipients under the 
program, the Secretary shall consider the following:
            (1) Primary criteria.--The extent to which the proposed 
        project is likely to protect motorists and wildlife by reducing 
        the number of wildlife-vehicle collisions and improve habitat 
        connectivity for terrestrial and aquatic species.
            (2) Secondary criteria.--
                    (A) The resilience benefits of the project.
                    (B) The extent to which the project incorporates 
                climate science, including expected changes in 
                migration patterns.
                    (C) The extent to which the project sponsor has 
                coordinated with the relevant State agency with 
                jurisdiction over fish and wildlife, if appropriate.
                    (D) In the case of a project involving species 
                listed as threatened species or endangered species 
                under the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.), whether the project sponsor has 
                coordinated with the United States Fish and Wildlife 
                Service.
                    (E) Other ecological benefits of the project, 
                including--
                            (i) reductions in stormwater runoff and 
                        other water pollution; and
                            (ii) the benefits of improved habitat 
                        connectivity for pollinators and the use of 
                        natively appropriate grasses.
                    (F) Whether the project supports local economic 
                development and improvement of visitation 
                opportunities.
                    (G) The extent to which the project incorporates 
                innovative technologies, including advanced design 
                techniques and other strategies to enhance efficiency 
                and effectiveness in reducing wildlife-vehicle 
                collisions and improving habitat connectivity for 
                terrestrial and aquatic species.
                    (H) The extent to which the project provides 
                educational and outreach opportunities.
                    (I) Whether the project will further research to 
                evaluate, compare effectiveness of, and identify best 
                practices in selected projects.
                    (J) How the benefits compare to the costs of the 
                project.
                    (K) Any other criteria relevant to reducing the 
                number of wildlife-vehicle collisions and improving 
                habitat connectivity for terrestrial and aquatic 
                species, as the Secretary determines to be appropriate.
    (e) Eligible Project Costs.--Grant amounts for a project under this 
section may be used for--
            (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities;
            (2) construction (including construction of protective 
        features), reconstruction, rehabilitation, acquisition of real 
        property (including land related to the project and 
        improvements to the land), environmental mitigation, 
        construction contingencies, acquisition of equipment, and 
        operational improvements; and
            (3) planning and technical assistance activities consistent 
        with section 5107 of title 49, United States Code, including--
                    (A) data collection on wildlife-vehicle collisions;
                    (B) integration of State, Tribal, territorial, 
                regional, or Federal wildlife conservation plans and 
                data collection with transportation planning and 
                project selection;
                    (C) technical assistance, including workforce 
                development training, on reducing wildlife-vehicle 
                collisions and improving habitat connectivity for 
                terrestrial and aquatic species; and
                    (D) education and public outreach to reduce 
                wildlife-vehicle collisions.
    (f) Partnerships.--
            (1) In general.--A grant received under the program may be 
        used to provide funds to an eligible partner as a subrecipient, 
        in accordance with the terms of the project agreement and 
        subject to the requirements of this section.
            (2) Eligible partner defined.--In this section, the term 
        ``eligible partner'' means--
                    (A) an eligible entity described in subsection (b);
                    (B) a metropolitan planning organization;
                    (C) a unit of local government;
                    (D) a regional transportation authority;
                    (E) a special purpose district or public authority 
                with a transportation function, including a port 
                authority;
                    (F) a non-profit entity or institution of higher 
                education; or
                    (G) a Federal, Tribal, regional, State, or local 
                governmental entity not described in subsection (b).
    (g) Requirements.--
            (1) Rural projects.--The Secretary shall reserve not less 
        than 50 percent of the amounts made available under this 
        section for projects located in a rural community.
            (2) Resilience.--A project under this section shall be 
        designed to ensure resilience over the anticipated service life 
        of the asset.
            (3) Limitation.--The Secretary may not award more than 10 
        percent of the amounts made available under this section for 
        grants that propose only activities described in subsection 
        (e)(3).
    (h) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate of the 
intention to award such a grant.
    (i) Annual Report.--
            (1) In general.--Not later than December 31 of each 
        calendar year, the Secretary shall publish, on the website of 
        the Department of Transportation, a report describing the 
        activities under the program for the fiscal year that ends 
        during that calendar year.
            (2) Contents.--The report under paragraph (1) shall 
        include--
                    (A) a detailed description of the activities 
                carried out under the program;
                    (B) an evaluation of the effectiveness of the 
                program in meeting the purposes described in subsection 
                (b); and
                    (C) policy recommendations, if any, to improve the 
                effectiveness of the program.
    (j) Definitions.--In this section:
            (1) Protective features.--The term ``protective features'' 
        has the meaning given such term in section 101 of title 23, 
        United States Code.
            (2) Resilience.--The term ``resilience'' has the meaning 
        given that term in section 101 of title 23, United States Code.
            (3) Rural community.--The term ``rural community'' means 
        any area of a State or territory that is not an urbanized area, 
        as such term is defined in section 101 of title 23, United 
        States Code.
            (4) Secretary.--The term ``Secretary'' has the meaning 
        given such term in section 101 of title 23, United States Code.
            (5) State.--The term ``State'' has the meaning given such 
        term in section 101 of title 23, United States Code.

SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a reconnecting neighborhoods program under which an eligible entity may 
apply for funding in order to identify, remove, replace, retrofit, or 
remediate the effects from eligible facilities and restore or improve 
connectivity, mobility, and access in disadvantaged and underserved 
communities, including--
            (1) studying the feasibility and impacts of removing, 
        retrofitting, or remediating the effects on community 
        connectivity from an existing eligible facility;
            (2) conducting preliminary engineering and final design 
        activities for a project to remove, retrofit, or remediate the 
        effects on community connectivity from an existing eligible 
        facility; and
            (3) conducting construction activities necessary to carry 
        out a project to remove, retrofit, or remediate the effects on 
        community connectivity from an existing eligible facility.
    (b) Eligible Entities.--
            (1) In general.--The Secretary may award a planning grant 
        or a capital construction grant to--
                    (A) a State;
                    (B) a unit of local government;
                    (C) an Indian Tribe or Tribal organization;
                    (D) a territory;
                    (F) a metropolitan planning organization;
                    (G) a transit agency;
                    (H) a special purpose district with a 
                transportation function; and
                    (I) a group of entities described in this 
                paragraph.
            (2) Nonprofits.--An eligible entity may enter into an 
        agreement with a nonprofit organization to carry out the 
        eligible activities under this section.
    (c) Planning Grants.--
            (1) In general.--The Secretary may award grants (referred 
        to in this section as a ``planning grants'') to carry out 
        planning activities described in paragraph (2).
            (2) Eligible activities described.--The planning activities 
        referred to in paragraph (1) are--
                    (A) planning studies to evaluate the feasibility of 
                removing, retrofitting, or remediating an existing 
                eligible facility to restore community connectivity, 
                including evaluations of--
                            (i) current traffic patterns on the 
                        eligible facility proposed for removal, 
                        retrofit, or remediation and the surrounding 
                        street network;
                            (ii) the capacity of existing 
                        transportation networks to maintain mobility 
                        needs;
                            (iii) an analysis of alternative roadway 
                        designs or other uses for the right-of-way of 
                        the eligible facility, including an analysis of 
                        whether the available right-of-way would 
                        suffice to create an alternative roadway 
                        design;
                            (iv) the effect of the removal, retrofit, 
                        or remediation of the eligible facility on the 
                        mobility of freight and people;
                            (v) the effect of the removal, retrofit, or 
                        remediation of the eligible facility on the 
                        safety of the traveling public;
                            (vi) the cost to remove, retrofit, or 
                        remediate the eligible facility--
                                    (I) to restore community 
                                connectivity; and
                                    (II) to convert the eligible 
                                facility to a roadway design or use 
                                that increases safety, mobility, and 
                                access for all users, compared to any 
                                expected costs for necessary 
                                maintenance or reconstruction of the 
                                eligible facility; and
                            (vii) the environmental impacts of 
                        retaining or reconstructing the eligible 
                        facility and the anticipated effect of the 
                        proposed alternative use or roadway design;
                    (B) public engagement activities to provide 
                opportunities for public input into a plan to remove, 
                replace, retrofit, or remediate the effects from an 
                eligible facility;
                    (C) other transportation planning activities 
                required in advance of a project to remove, retrofit, 
                or remediate an existing eligible facility to restore 
                community connectivity, as determined by the Secretary;
                    (D) evaluating land use and zoning changes 
                necessary to improve equity and maximize transit-
                oriented development in connection with project 
                eligible for a capital construction grant, including 
                activities eligible under section 5327 of title 49, 
                United States Code; and
                    (E) establishment of anti-displacement and 
                equitable neighborhood revitalization strategies in 
                connection with project eligible for a capital 
                construction grant, including land acquisition, land 
                banking, and equitable transit-oriented development.
            (3) Technical assistance.--
                    (A) In general.--The Secretary may provide 
                technical assistance described in subparagraph (B) to 
                an eligible entity.
                    (B) Technical assistance described.--The technical 
                assistance referred to in subparagraph (A) is technical 
                assistance in building organizational or community 
                capacity--
                            (i) to conduct transportation planning; and
                            (ii) to identify innovative solutions to 
                        challenges posed by existing eligible 
                        facilities, including reconnecting communities 
                        that--
                                    (I) are bifurcated by eligible 
                                facilities; or
                                    (II) lack safe, reliable, and 
                                affordable transportation choices.
            (4) Selection.--The Secretary shall--
                    (A) solicit applications for--
                            (i) planning grants; and
                            (ii) technical assistance under paragraph 
                        (3); and
                    (B) evaluate applications for a planning grant on 
                the basis of the demonstration by the applicant that--
                            (i) the eligible facility--
                                    (I) creates barriers to mobility, 
                                access, or economic development; or
                                    (II) is not justified by current 
                                and forecast future travel demand; and
                            (ii) on the basis of preliminary assessment 
                        into the feasibility of removing, retrofitting, 
                        or remediating the eligible facility to restore 
                        community connectivity, and increase safety, 
                        mobility, and access for all users, further 
                        planning activities are necessary and likely to 
                        be productive.
            (5) Award amounts.--A planning grant may not exceed 
        $2,000,000 for any recipient.
            (6) Federal share.--The total Federal share of the cost of 
        a planning activity for which a planning grant is used may not 
        exceed 80 percent.
            (7) Priorities.--In selecting recipients of planning grants 
        and technical assistance under this subsection, the Secretary 
        shall give priority to an application from a community that is 
        economically disadvantaged, including an underserved community 
        or a community located in an area of persistent poverty (as 
        such term is defined in section 101 of title 23, United States 
        Code).
    (d) Capital Construction Grants.--
            (1) Eligible entities.--The Secretary may award grants 
        (referred to in this section as a ``capital construction 
        grants'') to eligible entities to carry out eligible projects 
        described in paragraph (3).
            (2) Partnerships.--In the case that the owner of an 
        eligible facility that is the subject of the capital 
        construction grant is not an eligible entity, an eligible 
        entity shall demonstrate the existence of a partnership with 
        the owner of the eligible facility.
            (3) Eligible projects.--A project eligible to be carried 
        out with a capital construction grant includes the following:
                    (A) The removal, retrofit, or remediation of the 
                effects on community connectivity from of an eligible 
                facility.
                    (B) The replacement of an eligible facility with a 
                new facility that--
                            (i) restores community connectivity;
                            (ii) employs context sensitive solutions 
                        appropriate for the surrounding community; and
                            (iii) is otherwise eligible for funding 
                        under title 23, United States Code.
                    (C) Support for community partnerships, including a 
                community advisory board described under paragraph (7), 
                in connection with a capital construction grant awarded 
                under this subsection.
                    (D) Other activities required to remove, replace, 
                retrofit, or remediate an existing eligible facility, 
                as determined by the Secretary.
            (4) Selection.--The Secretary shall--
                    (A) solicit applications for capital construction 
                grants; and
                    (B) evaluate applications on the basis of--
                            (i) the degree to which the project will 
                        improve mobility and access through the removal 
                        of barriers;
                            (ii) the appropriateness of removing, 
                        retrofitting, or remediating the effects on 
                        community connectivity from the eligible 
                        facility, based on current traffic patterns and 
                        the ability of the project and the regional 
                        transportation network to absorb transportation 
                        demand and provide safe mobility and access;
                            (iii) the impact of the project on freight 
                        movement;
                            (iv) the results of a cost-benefit analysis 
                        of the project;
                            (v) the opportunities for inclusive 
                        economic development, including the existing 
                        land use and whether the zoning provides for 
                        equitable and transit-oriented development of 
                        underutilized land;
                            (vi) the degree to which the eligible 
                        facility is out of context with the current or 
                        planned land use;
                            (vii) the results of any feasibility study 
                        completed for the project;
                            (viii) whether the eligible facility is 
                        likely to need replacement or significant 
                        reconstruction within the 20-year period 
                        beginning on the date of the submission of the 
                        application;
                            (ix) whether the project is consistent with 
                        the relevant long-range transportation plan and 
                        included in the relevant statewide 
                        transportation improvement program; and
                            (x) whether the project is consistent with, 
                        and how the project would impact, the relevant 
                        transportation performance management targets.
            (5) Minimum award amounts.--A capital construction grant 
        shall be in an amount not less than $5,000,000 for each 
        recipient.
            (6) Federal share.--
                    (A) In general.--Subject to subparagraph (B), the 
                Federal share of the total cost of a project carried 
                out using a capital construction grant may not exceed 
                80 percent.
                    (B) Maximum federal involvement.--Federal 
                assistance other than a capital construction grant may 
                be used to satisfy the non-Federal share of the cost of 
                a project for which the grant is awarded.
            (7) Community advisory board.--
                    (A) In general.--To help achieve inclusive economic 
                development benefits with respect to the project for 
                which a grant is awarded, a grant recipient may form a 
                community advisory board, which, if formed, shall--
                            (i) facilitate community engagement with 
                        respect to the project; and
                            (ii) track progress with respect to 
                        commitments of the grant recipient to inclusive 
                        employment, contracting, and economic 
                        development under the project.
                    (B) Membership.--If a grant recipient forms a 
                community advisory board under subparagraph (A), the 
                community advisory board shall be composed of 
                representatives of--
                            (i) the community;
                            (ii) owners of businesses that serve the 
                        community;
                            (iii) labor organizations that represent 
                        workers that serve the community;
                            (iv) State and local government; and
                            (v) private and non-profit organizations 
                        that represent local community development.
    (e) Administrative Expenses.--Of amounts made available to carry 
out this section, the Secretary may set aside not more than $5,000,000 
in each fiscal year for the costs of administering the program under 
this section.
    (f) Technical Assistance.--Of amounts made available to carry out 
this section, the Secretary may set aside not more than $5,000,000 in 
each fiscal year to provide technical assistance to eligible entities 
under subsection (c)(3).
    (g) Eligible Facility Defined.--
            (1) In general.--In this section, the term ``eligible 
        facility'' means a highway or other transportation facility 
        that creates a barrier to community connectivity, including 
        barriers to mobility, access, or economic development, due to 
        high speeds, grade separations, or other design factors.
            (2) Inclusions.--In this section, the term ``eligible 
        facility'' may include--
                    (A) a limited access highway;
                    (B) a railway;
                    (C) a viaduct;
                    (D) a principal arterial facility; or
                    (E) any other transportation facility for which the 
                high speeds, grade separation, or other design factors 
                create an obstacle to connectivity.

SEC. 1312. APPRENTICESHIP UTILIZATION.

    (a) In General.--
            (1) Certification requirement.--To receive a grant under 
        sections 117 and 173 of title 23, United States Code, and 
        section 1311 of this Act, each applicant shall include in a 
        grant application a certification that such applicant will 
        ensure that any contractor or subcontractor utilized in 
        carrying out activities with such grant--
                    (A) meets or exceeds the apprenticeship employment 
                goal; and
                    (B) to the extent practicable, employs qualified 
                apprentices from traditionally underrepresented 
                populations, including women and minorities, in meeting 
                or exceeding such goal.
            (2) Exceptions.--The Secretary may adjust the requirements 
        of this section if the grant applicant--
                    (A) demonstrates a lack of availability of 
                qualified apprentices in a specific geographic area; or
                    (B) makes a good faith effort to comply with the 
                requirements of this section.
    (b) Regulations.--The Secretary shall have the authority to issue 
such regulations or other guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
requirements of this section, including reporting requirements for 
applicants awarded a grant.
    (c) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
the utilization of qualified apprentices for projects carried out under 
sections 117 and 173 of title 23, United States Code, and section 1311 
of this Act, that includes--
            (1) the total number of labor hours fulfilled by qualified 
        apprentices;
            (2) the total number of qualified apprentices employed;
            (3) the total number of grant recipients that met or 
        exceeded the apprenticeship employment goal; and
            (4) best practices utilized by grant recipients that met or 
        exceeded the apprenticeship employment goal.
    (d) Public Transparency.--At the end of each fiscal year, the 
Secretary shall make available on a public website information on the 
utilization of qualified apprentices in the preceding fiscal year for 
each grant program under sections 117 and 173 of title 23, United 
States Code, and section 1311 of this Act, including--
            (1) the total number of grant applicants that certified 
        they would be able to meet or exceed the apprenticeship 
        employment goal under subsection (a); and
            (2) the total number of grants awarded for which applicants 
        certified they would be able to meet or exceed the 
        apprenticeship employment goal.
    (e) Definitions.--In this section:
            (1) Apprenticeship employment goal.--The term 
        ``apprenticeship employment goal'' means the utilization of 
        qualified apprentices for not less than 15 percent of the total 
        labor hours used for construction activities for a project.
            (2) Qualified apprentice.--The term ``qualified 
        apprentice'' means an employee participating in an 
        apprenticeship program that--
                    (A) is registered with the Office of Apprenticeship 
                of the Employment Training Administration of the 
                Department of Labor or a State apprenticeship agency 
                recognized by such Office of Apprenticeship pursuant to 
                the Act of August 16, 1937 (29 U.S.C. 50 et seq.; 
                commonly known as the ``National Apprenticeship Act''); 
                and
                    (B) satisfies the requirements of subpart A of part 
                29 and part 30 of title 29, Code of Federal 
                Regulations.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

   Subtitle D--Planning, Performance Management, and Asset Management

SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.

    Section 134 of title 23, United States Code, is amended--
            (1) in subsection (a) by striking ``resiliency needs while 
        minimizing transportation-related fuel consumption and air 
        pollution'' and inserting ``resilience and climate change 
        adaptation needs while reducing transportation-related fuel 
        consumption, air pollution, and greenhouse gas emissions'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8), respectively; and
                    (B) by inserting after paragraph (5) the following:
            ``(6) STIP.--The term `STIP' means a statewide 
        transportation improvement program developed by a State under 
        section 135(g).'';
            (3) in subsection (c)--
                    (A) in paragraph (1) by striking ``and 
                transportation improvement programs'' and inserting 
                ``and TIPs''; and
                    (B) by adding at the end the following:
            ``(4) Consideration.--In developing the plans and TIPs, 
        metropolitan planning organizations shall consider direct and 
        indirect emissions of greenhouse gases.'';
            (4) in subsection (d)--
                    (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of MAP-21, each'' and 
                inserting ``Each'';
                    (B) in paragraph (3) by adding at the end the 
                following:
                    ``(D) Equitable and proportional representation.--
                            ``(i) In general.--In designating officials 
                        or representatives under paragraph (2), the 
                        metropolitan planning organization shall ensure 
                        the equitable and proportional representation 
                        of the population of the metropolitan planning 
                        area.
                            ``(ii) Savings clause.--Nothing in this 
                        paragraph shall require a metropolitan planning 
                        organization in existence on the date of 
                        enactment of this subparagraph to be 
                        restructured.
                            ``(iii) Redesignation.--Notwithstanding 
                        clause (ii), the requirements of this paragraph 
                        shall apply to any metropolitan planning 
                        organization redesignated under paragraph 
                        (6).'';
                    (C) in paragraph (6)(B) by striking ``paragraph 
                (2)'' and inserting ``paragraphs (2) or (3)(D)''; and
                    (D) in paragraph (7)--
                            (i) by striking ``an existing metropolitan 
                        planning area'' and inserting ``an urbanized 
                        area''; and
                            (ii) by striking ``the existing 
                        metropolitan planning area'' and inserting 
                        ``the area'';
            (5) in subsection (g)--
                    (A) in paragraph (1) by striking ``a metropolitan 
                area'' and inserting ``an urbanized area'';
                    (B) in paragraph (2) by striking ``mpos'' and 
                inserting ``metropolitan planning areas'';
                    (C) in paragraph (3)(A) by inserting ``emergency 
                response and evacuation, climate change adaptation and 
                resilience,'' after ``disaster risk reduction,''; and
                    (D) by adding at the end the following:
            ``(4) Coordination between mpos.--
                    ``(A) In general.--If more than one metropolitan 
                planning organization is designated within an urbanized 
                area under subsection (d)(7), the metropolitan planning 
                organizations designated within the area shall ensure, 
                to the maximum extent practicable, the consistency of 
                any data used in the planning process, including 
                information used in forecasting transportation demand.
                    ``(B) Savings clause.--Nothing in this paragraph 
                requires metropolitan planning organizations designated 
                within a single urbanized area to jointly develop 
                planning documents, including a unified long-range 
                transportation plan or unified TIP.'';
            (6) in subsection (h)(1)--
                    (A) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) protect and enhance the environment, promote 
                energy conservation, reduce greenhouse gas emissions, 
                improve the quality of life and public health, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns, including housing and land use 
                patterns;'';
                    (B) in subparagraph (I)--
                            (i) by inserting ``, sea level rise, 
                        extreme weather, and climate change'' after 
                        ``stormwater''; and
                            (ii) by striking ``and'' at the end;
                    (C) by redesignating subparagraph (J) as 
                subparagraph (M); and
                    (D) by inserting after subparagraph (I) the 
                following:
                    ``(J) support emergency management, response, and 
                evacuation and hazard mitigation;
                    ``(K) improve the level of transportation system 
                access;
                    ``(L) support inclusive zoning policies and land 
                use planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households; 
                and'';
            (7) in subsection (h)(2) by striking subparagraph (A) and 
        inserting the following:
                    ``(A) In general.--Through the use of a 
                performance-based approach, transportation investment 
                decisions made as a part of the metropolitan 
                transportation planning process shall support the 
                national goals described in section 150(b), the 
                achievement of metropolitan and statewide targets 
                established under section 150(d), the improvement of 
                transportation system access (consistent with section 
                150(f)), and the general purposes described in section 
                5301 of title 49.'';
            (8) in subsection (i)--
                    (A) in paragraph (2)(D)(i) by inserting ``reduce 
                greenhouse gas emissions and'' before ``restore and 
                maintain'';
                    (B) in paragraph (2)(G) by inserting ``and climate 
                change'' after ``infrastructure to natural disasters'';
                    (C) in paragraph (2)(H) by inserting ``greenhouse 
                gas emissions,'' after ``pollution,'';
                    (D) in paragraph (5)--
                            (i) in subparagraph (A) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Issues.--The consultation shall involve, as 
                appropriate, comparison of transportation plans to 
                other relevant plans, including, if available--
                            ``(i) State conservation plans or maps; and
                            ``(ii) inventories of natural or historic 
                        resources.''; and
                    (E) by amending paragraph (6)(C) to read as 
                follows:
                    ``(C) Methods.--
                            ``(i) In general.--In carrying out 
                        subparagraph (A), the metropolitan planning 
                        organization shall, to the maximum extent 
                        practicable--
                                    ``(I) hold any public meetings at 
                                convenient and accessible locations and 
                                times;
                                    ``(II) employ visualization 
                                techniques to describe plans; and
                                    ``(III) make public information 
                                available in electronically accessible 
                                format and means, such as the internet, 
                                as appropriate to afford reasonable 
                                opportunity for consideration of public 
                                information under subparagraph (A).
                            ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the metropolitan 
                        planning organization shall, to the maximum 
                        extent practicable--
                                    ``(I) use virtual public 
                                involvement, social media, and other 
                                web-based tools to encourage public 
                                participation and solicit public 
                                feedback; and
                                    ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
            (9) in subsection (j) by striking ``transportation 
        improvement program'' and inserting ``TIP'' each place it 
        appears; and
            (10) by striking ``Federally'' each place it appears and 
        inserting ``federally''.

SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

    Section 135 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                    (B) in paragraph (2)--
                            (i) by striking ``The statewide 
                        transportation plan and the'' and inserting the 
                        following:
                    ``(A)  In general.--The statewide transportation 
                plan and the'';
                            (ii) by striking ``transportation 
                        improvement program'' and inserting ``STIP''; 
                        and
                            (iii) by adding at the end the following:
                    ``(B) Consideration.--In developing the statewide 
                transportation plans and STIPs, States shall consider 
                direct and indirect emissions of greenhouse gases.''; 
                and
                    (C) in paragraph (3) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (E)--
                                    (I) by inserting ``reduce 
                                greenhouse gas emissions,'' after 
                                ``promote energy conservation,'';
                                    (II) by inserting ``and public 
                                health'' after ``improve the quality of 
                                life''; and
                                    (III) by inserting ``, including 
                                housing and land use patterns'' after 
                                ``economic development patterns'';
                            (ii) in subparagraph (I)--
                                    (I) by inserting ``, sea level 
                                rise, extreme weather, and climate 
                                change'' after ``mitigate stormwater''; 
                                and
                                    (II) by striking ``and'' after the 
                                semicolon;
                            (iii) by redesignating subparagraph (J) as 
                        subparagraph (M); and
                            (iv) by inserting after subparagraph (I) 
                        the following:
                    ``(J) facilitate emergency management, response, 
                and evacuation and hazard mitigation;
                    ``(K) improve the level of transportation system 
                access;
                    ``(L) support inclusive zoning policies and land 
                use planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households; 
                and'';
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) In general.--Through the use of a 
                performance-based approach, transportation investment 
                decisions made as a part of the statewide 
                transportation planning process shall support--
                            ``(i) the national goals described in 
                        section 150(b);
                            ``(ii) the consideration of transportation 
                        system access (consistent with section 150(f));
                            ``(iii) the achievement of statewide 
                        targets established under section 150(d); and
                            ``(iv) the general purposes described in 
                        section 5301 of title 49.''; and
                            (ii) in subparagraph (D) by striking 
                        ``statewide transportation improvement 
                        program'' and inserting ``STIP''; and
                    (C) in paragraph (3) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
            (3) in subsection (e)(3) by striking ``transportation 
        improvement program'' and inserting ``STIP'';
            (4) in subsection (f)--
                    (A) in paragraph (2)(D)--
                            (i) in clause (i) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                            (ii) by amending clause (ii) to read as 
                        follows:
                            ``(ii) Comparison and consideration.--
                        Consultation under clause (i) shall involve the 
                        comparison of transportation plans to other 
                        relevant plans and inventories, including, if 
                        available--
                                    ``(I) State and tribal conservation 
                                plans or maps; and
                                    ``(II) inventories of natural or 
                                historic resources.'';
                    (B) in paragraph (3)(B)--
                            (i) by striking ``In carrying out'' and 
                        inserting the following:
                            ``(i) In general.--in carrying out'';
                            (ii) by redesignating clauses (i) through 
                        (iv) as subclauses (I) through (IV), 
                        respectively; and
                            (iii) by adding at the end the following:
                            ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the State shall, 
                        to the maximum extent practicable--
                                    ``(I) use virtual public 
                                involvement, social media, and other 
                                web-based tools to encourage public 
                                participation and solicit public 
                                feedback; and
                                    ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
                    (C) in paragraph (4)(A) by inserting ``reduce 
                greenhouse gas emissions and'' after ``potential to''; 
                and
                    (D) in paragraph (8) by inserting ``greenhouse gas 
                emissions,'' after ``pollution,'';
            (5) in subsection (g)--
                    (A) in paragraph (1)(A) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                    (B) in paragraph (3) by striking ``operators),,'' 
                and inserting ``operators),'';
                    (C) in paragraph (4) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'' each place it appears;
                    (D) in paragraph (5)--
                            (i) in subparagraph (A) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                            (ii) in subparagraph (B)(ii) by striking 
                        ``metropolitan transportation improvement 
                        program'' and inserting ``TIP'';
                            (iii) in subparagraph (C) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                            (iv) in subparagraph (E) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                            (v) in subparagraph (F)(i) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                            (vi) in subparagraph (G)(ii) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP''; and
                            (vii) in subparagraph (H) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                    (E) in paragraph (6)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``transportation 
                                improvement program'' and inserting 
                                ``STIP''; and
                                    (II) by striking ``and projects 
                                carried out under the bridge program or 
                                the Interstate maintenance program''; 
                                and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``or under the 
                                bridge program or the Interstate 
                                maintenance program'';
                                    (II) by striking ``5310, 5311, 
                                5316, and 5317'' and inserting ``5310 
                                and 5311''; and
                                    (III) by striking ``statewide 
                                transportation improvement program'' 
                                and inserting ``STIP'';
                    (F) in paragraph (7)--
                            (i) in the heading by striking 
                        ``Transportation improvement program'' and 
                        inserting ``STIP''; and
                            (ii) by striking ``transportation 
                        improvement program'' and inserting ``STIP'';
                    (G) in paragraph (8) by striking ``statewide 
                transportation plans and programs'' and inserting 
                ``statewide transportation plans and STIPs''; and
                    (H) in paragraph (9) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
            (6) in subsection (h)(2)(A) by striking ``Not later than 5 
        years after the date of enactment of the MAP-21,'' and 
        inserting ``Not less frequently than once every 4 years,'';
            (7) in subsection (k) by striking ``transportation 
        improvement program'' and inserting ``STIP'' each place it 
        appears; and
            (8) in subsection (m) by striking ``transportation 
        improvement programs'' and inserting ``STIPs''.

SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.

    (a) In General.--Section 150 of title 23, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1) by inserting ``or 
                elimination'' after ``significant reduction'';
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) Combating climate change.--To reduce carbon dioxide 
        and other greenhouse gas emissions and reduce the climate 
        impacts of the transportation system.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``Not later than 
                18 months after the date of enactment of the MAP-21, 
                the Secretary'' and inserting ``The Secretary''; and
                    (B) by adding at the end the following:
            ``(7) Greenhouse gas emissions.--The Secretary shall 
        establish, in consultation with the Administrator of the 
        Environmental Protection Agency, measures for States to use to 
        assess--
                    ``(A) carbon dioxide emissions per capita on public 
                roads;
                    ``(B) carbon dioxide emissions using different 
                parameters than described in subparagraph (A) that the 
                Secretary determines to be appropriate; and
                    ``(C) any other greenhouse gas emissions on public 
                roads that the Secretary determines to be 
                appropriate.'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``Not later than 1 year 
                        after the Secretary has promulgated the final 
                        rulemaking under subsection (c), each'' and 
                        inserting ``Each''; and
                            (ii) by striking ``and (6)'' and inserting 
                        ``(6), and (7)''; and
                    (B) by adding at the end the following:
            ``(3) Regressive targets.--
                    ``(A) In general.--A State may not establish a 
                regressive target for the measures described under 
                paragraph (4) or paragraph (7) of subsection (c).
                    ``(B) Regressive target defined.--In this 
                paragraph, the term `regressive target' means a target 
                that fails to demonstrate constant or improved 
                performance for a particular measure.'';
            (4) in subsection (e)--
                    (A) by striking ``Not later than 4 years after the 
                date of enactment of the MAP-21 and biennially 
                thereafter, a'' and inserting ``A''; and
                    (B) by inserting ``biennial'' after ``the Secretary 
                a''; and
            (5) by adding at the end the following:
    ``(f) Transportation System Access.--
            ``(1) In general.--The Secretary shall establish measures 
        for States and metropolitan planning organizations to use to 
        assess the level of safe, reliable, and convenient 
        transportation system access to--
                    ``(A) employment; and
                    ``(B) services.
            ``(2) Considerations.--The measures established pursuant to 
        paragraph (1) shall include the ability for States and 
        metropolitan planning organizations to assess--
                    ``(A) the change in the level of transportation 
                system access for various modes of travel, including 
                connection to other modes of transportation, that would 
                result from new transportation investments;
                    ``(B) the level of transportation system access for 
                economically disadvantaged communities, including to 
                affordable housing; and
                    ``(C) the extent to which transportation access is 
                impacted by zoning policies and land use planning 
                practices that effect the affordability, elasticity, 
                and diversity of the housing supply.
            ``(3) Definition of services.--In this subsection, the term 
        `services' includes healthcare facilities, child care, 
        education and workforce training, food sources, banking and 
        other financial institutions, and other retail shopping 
        establishments.''.
    (b) Metropolitan Transportation Planning; Title 23.--Section 134 of 
title 23, United States Code, is further amended--
            (1) in subsection (j)(2)(D)--
                    (A) by striking ``Performance target achievement'' 
                in the heading and inserting ``Performance 
                management'';
                    (B) by striking ``The TIP'' and inserting the 
                following:
                            ``(i) In general.--The TIP''; and
                    (C) by adding at the end the following:
                            ``(ii) Transportation management areas.--
                        For metropolitan planning areas that represent 
                        an urbanized area designated as a 
                        transportation management area under subsection 
                        (k), the TIP shall include--
                                    ``(I) a discussion of the 
                                anticipated effect of the TIP toward 
                                achieving the performance targets 
                                established in the metropolitan 
                                transportation plan, linking investment 
                                priorities to such performance targets; 
                                and
                                    ``(II) a description of how the 
                                anticipated effect of the TIP would 
                                improve the overall level of 
                                transportation system access, 
                                consistent with section 150(f).'';
            (2) in subsection (k)--
                    (A) in paragraph (3)(A)--
                            (i) by striking ``shall address congestion 
                        management'' and inserting the following: 
                        ``shall address--
                            ``(i) congestion management'';
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(ii) the overall level of transportation 
                        system access for various modes of travel 
                        within the metropolitan planning area, 
                        including the level of access for economically 
                        disadvantaged communities, consistent with 
                        section 150(f), that is based on a 
                        cooperatively developed and implemented 
                        metropolitan-wide strategy, assessing both new 
                        and existing transportation facilities eligible 
                        for funding under this title and chapter 53 of 
                        title 49.''; and
                    (B) in paragraph (5)(B)--
                            (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                            (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) the TIP approved under clause (ii) 
                        makes progress towards improving the level of 
                        transportation system access, consistent with 
                        section 150(f).''; and
            (3) in subsection (l)(2)--
                    (A) by striking ``5 years after the date of 
                enactment of the MAP-21'' and inserting ``2 years after 
                the date of enactment of the INVEST in America Act, and 
                every 2 years thereafter'';
                    (B) in subparagraph (C) by striking ``and whether 
                metropolitan planning organizations are developing 
                meaningful performance targets; and'' and inserting a 
                semicolon; and
                    (C) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) a listing of all metropolitan planning 
                organizations that are establishing performance targets 
                and whether such performance targets established by the 
                metropolitan planning organization are meaningful or 
                regressive (as defined in section 150(d)(3)(B)); and
                    ``(E) the progress of implementing the measure 
                established under section 150(f).''.
    (c) Statewide and Nonmetropolitan Transportation Planning; Title 
23.--Section 135(g)(4) of title 23, United States Code, is further 
amended--
            (1) by striking ``Performance Target Achievement'' in the 
        heading and inserting ``Performance Management'';
            (2) by striking ``shall include, to the maximum extent 
        practicable, a discussion'' and inserting the following: 
        ``shall include--
                    ``(A) a discussion'';
            (3) by striking the period at the end and inserting ``; 
        and''; and
            (4) by adding at the end the following:
                    ``(B) a consideration of the anticipated effect of 
                the STIP on the overall level of transportation system 
                access, consistent with section 150(f).''.
    (d) Metropolitan Transportation Planning; Title 49.--Section 5303 
of title 49, United States Code, is amended--
            (1) in subsection (j)(2)(D)--
                    (A) by striking ``Performance target achievement'' 
                and inserting ``Performance management'';
                    (B) by striking ``The transportation improvement 
                plan'' and inserting the following:
                            ``(i) In general.--The TIP''; and
                    (C) by adding at the end the following:
                            ``(ii) Transportation management areas.--
                        For metropolitan planning areas that represent 
                        an urbanized area designated as a 
                        transportation management area under subsection 
                        (k), the TIP shall include--
                                    ``(I) a discussion of the 
                                anticipated effect of the TIP toward 
                                achieving the performance targets 
                                established in the metropolitan 
                                transportation plan, linking investment 
                                priorities to such performance targets; 
                                and
                                    ``(II) a description of how the 
                                anticipated effect of the TIP would 
                                improve the overall level of 
                                transportation system access, 
                                consistent with section 150(f) of title 
                                23.'';
            (2) in subsection (k)--
                    (A) in paragraph (3)(A)--
                            (i) by striking ``shall address congestion 
                        management'' and inserting the following: 
                        ``shall address--
                            ``(i) congestion management'';
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(ii) the overall level of transportation 
                        system access for various modes of travel 
                        within the metropolitan planning area, 
                        including the level of access for economically 
                        disadvantaged communities, consistent with 
                        section 150(f) of title 23, that is based on a 
                        cooperatively developed and implemented 
                        metropolitan-wide strategy, assessing both new 
                        and existing transportation facilities eligible 
                        for funding under this chapter and title 23.''; 
                        and
                    (B) in paragraph (5)(B)--
                            (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                            (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) the TIP approved under clause (ii) 
                        makes progress towards improving the level of 
                        transportation system access, consistent with 
                        section 150(f) of title 23.''; and
            (3) in subsection (l)(2)--
                    (A) by striking ``5 years after the date of 
                enactment of the Federal Public Transportation Act of 
                2012'' and inserting ``2 years after the date of 
                enactment of the INVEST in America Act, and every 2 
                years thereafter,'';
                    (B) in subparagraph (C) by striking ``and whether 
                metropolitan planning organizations are developing 
                meaningful performance targets; and'' and inserting a 
                semicolon; and
                    (C) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) a listing of all metropolitan planning 
                organizations that are establishing performance targets 
                and whether such performance targets established by the 
                metropolitan planning organization are meaningful or 
                regressive (as defined in section 150(d)(3)(B) of title 
                23); and
                    ``(E) the progress of implementing the measure 
                established under section 150(f) of title 23.''.
    (e) Statewide and Nonmetropolitan Transportation Planning; Title 
49.--Section 5304(g)(4) of title 49, United States Code, is amended--
            (1) by striking ``Performance target achievement'' and 
        inserting ``Performance management'';
            (2) by striking ``shall include, to the maximum extent 
        practicable, a discussion'' and inserting the following: 
        ``shall include
                    ``(A) a discussion'';
            (3) by striking the period at the end and inserting ``; 
        and'';
            (4) by striking ``statewide transportation improvement 
        program'' and inserting ``STIP'' each place it appears; and
            (5) by adding at the end the following:
                    ``(B) a consideration of the anticipated effect of 
                the STIP on the overall level of transportation system 
                access, consistent with section 150(f) of title 23.''.
    (f) Savings Clause.--
            (1) Regressive targets.--The prohibition in the amendment 
        made by subsection (a)(3)(B) shall apply to States beginning on 
        the date that is 1 year before the subsequent State target and 
        reporting deadlines related to safety performance management 
        established pursuant to section 150 of title 23, United States 
        Code.
            (2) Access planning requirements.--The requirements in the 
        amendments made by subsections (b), (c), (d), and (e) shall 
        apply beginning on the date on which the requirements for the 
        measure described in section 150(f) of title 23, United States 
        Code, take effect.
    (g) Development of Greenhouse Gas Measure.--Not later than 1 year 
after the date of enactment of this Act, the Secretary of 
Transportation shall issue such regulations as are necessary to carry 
out paragraph (7) of section 150(c) of title 23, United States Code, as 
added by this Act.
    (h) Development of Transportation System Access Measure.--
            (1) Establishment.--Not later than 120 days after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        establish a working group to assess the provisions of 
        paragraphs (1) and (2) of section 150(f) and make 
        recommendations regarding the establishment of measures for 
        States and metropolitan planning organizations to use to assess 
        the level of transportation system access for various modes of 
        travel, consistent with section 150(f) of title 23, United 
        States Code.
            (2) Members.--The working group established pursuant to 
        paragraph (1) shall include representatives from--
                    (A) the Department of Transportation;
                    (B) State departments of transportation, including 
                representatives that specialize in pedestrian and 
                bicycle safety;
                    (C) the Bureau of Transportation Statistics;
                    (D) metropolitan planning organizations 
                representing transportation management areas (as those 
                terms are defined in section 134 of title 23, United 
                States Code);
                    (E) other metropolitan planning organizations or 
                local governments;
                    (F) providers of public transportation;
                    (G) nonprofit entities related to transportation, 
                including relevant safety groups;
                    (H) experts in the field of transportation access 
                data; and
                    (I) any other stakeholders, as determined by the 
                Secretary.
            (3) Report.--
                    (A) Submission.--Not later than 1 year after the 
                establishment of the working group pursuant to 
                paragraph (1), the working group shall submit to the 
                Secretary a report of recommendations regarding the 
                establishment of measures for States and metropolitan 
                planning organizations to use to assess the level of 
                transportation system access, consistent with section 
                150(f) of title 23, United States Code.
                    (B) Publication.--Not later than 30 days after the 
                date on which the Secretary receives the report under 
                subparagraph (A), the Secretary shall publish the 
                report on a publicly accessible website of the 
                Department of Transportation.
            (4) Rulemaking.--Not later than 2 years after the date on 
        which the Secretary receives the report under paragraph (3), 
        the Secretary shall issue such regulations as are necessary to 
        implement the requirements of section 150(f) of title 23, 
        United States Code.
            (5) Termination.--The Secretary shall terminate the working 
        group established pursuant to paragraph (1) on the date on 
        which the regulation issued pursuant to paragraph (4) takes 
        effect.
    (i) Transportation System Access Data.--
            (1) In general.--Not later than 90 days after the date on 
        which the Secretary of Transportation establishes the measure 
        required under section 150(f) of title 23, United States Code, 
        the Secretary shall develop or procure eligible transportation 
        system access data sets and analytical tools and make such data 
        sets and analytical tools available to State departments of 
        transportation and metropolitan planning areas that represent 
        transportation management areas.
            (2) Requirements.--An eligible transportation system access 
        data set and analytical tool shall have the following 
        characteristics:
                    (A) The ability to quantify the level of safe, 
                reliable, and convenient transportation system access 
                to--
                            (i) employment;
                            (ii) services; and
                            (iii) connections to other modes of 
                        transportation.
                    (B) The ability to quantify transportation system 
                access for various modes of travel, including--
                            (i) driving;
                            (ii) public transportation;
                            (iii) walking (including conveyance for 
                        persons with disabilities); and
                            (iv) cycling (including micromobility).
                    (C) The ability to disaggregate the level of 
                transportation system access by various transportation 
                modes by a variety of population categories, 
                including--
                            (i) low-income populations;
                            (ii) minority populations;
                            (iii) age;
                            (iv) disability; and
                            (v) geographical location.
                    (D) The ability to assess the change in the level 
                of transportation system access that would result from 
                new transportation investments.
            (3) Consideration.--An eligible transportation system 
        access data set and analytical tool shall take into 
        consideration safe and connected networks for walking, cycling, 
        and persons with disabilities.
    (j) Definitions.--In this section:
            (1) Transportation system access.--The term 
        ``transportation system access'' has the meaning given such 
        term in section 101 of title 23, United States Code.
            (2) Services.--The term ``services'' has the meaning given 
        such term in section 150(f) of title 23, United States Code.

SEC. 1404. TRANSPORTATION DEMAND DATA AND MODELING STUDY.

    (a) Study.--
            (1) In general.--The Secretary of Transportation shall 
        conduct a study on transportation demand data and modeling, 
        including transportation demand forecasting, and make 
        recommendations for developing and utilizing transportation and 
        traffic demand models with a demonstrated record of accuracy.
            (2) Contents.--In carrying out the study under this 
        section, the Secretary shall--
                    (A) collect observed transportation demand data and 
                transportation demand forecasts from States and 
                metropolitan planning organizations, including data and 
                forecasts on--
                            (i) traffic counts;
                            (ii) transportation mode share and public 
                        transportation ridership; and
                            (iii) vehicle occupancy measures;
                    (B) compare the transportation demand forecasts 
                with the observed transportation demand data gathered 
                under subparagraph (A), including an analysis of the 
                level of accuracy of forecasts and possible reasons for 
                large discrepancies; and
                    (C) use the information described in subparagraphs 
                (A) and (B) to--
                            (i) develop best practices and guidance for 
                        States and metropolitan planning organizations 
                        to use in forecasting transportation demand for 
                        future investments in transportation 
                        improvements;
                            (ii) evaluate the impact of transportation 
                        investments, including new roadway capacity, on 
                        transportation behavior and transportation 
                        demand, including public transportation 
                        ridership, induced highway transportation, and 
                        congestion;
                            (iii) support more accurate transportation 
                        demand forecasting by States and metropolitan 
                        planning organizations;
                            (iv) enhance the capacity of States and 
                        metropolitan planning organizations to--
                                    (I) forecast transportation demand; 
                                and
                                    (II) track observed transportation 
                                behavior responses, including induced 
                                transportation, to changes in 
                                transportation capacity, pricing, and 
                                land use patterns; and
                            (v) develop transportation demand 
                        management strategies to maximize the 
                        efficiency of the transportation system, 
                        improve mobility, reduce congestion, and lower 
                        vehicle emissions.
            (3) Covered entities.--In carrying out the study under this 
        section, the Secretary shall ensure that data and forecasts 
        described in paragraph (2)(A) are collected from--
                    (A) States;
                    (B) metropolitan planning organizations that serve 
                an area with a population of 200,000 people or fewer; 
                and
                    (C) metropolitan planning organizations that serve 
                an area with a population of over 200,000 people.
            (4) Working with the private sector.--In carrying out this 
        section, the Secretary may, and is encouraged to, procure 
        additional data as necessary from university transportation 
        centers, private sector providers, and other entities as is 
        needed and may use funds authorized under section 503(b) of 
        title 23, United States Code, for carrying out this paragraph.
            (5) Working with affected communities.--In carrying out 
        this section, the Secretary shall consult with, and collect 
        data and input from, representatives of--
                    (A) the Department of Transportation;
                    (B) State departments of transportation;
                    (C) metropolitan planning organizations;
                    (D) local governments;
                    (E) providers of public transportation;
                    (F) nonprofit entities related to transportation, 
                including safety, cycling, disability, and equity 
                groups; and
                    (G) any other stakeholders, as determined by the 
                Secretary.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report containing 
the findings of the study conducted under subsection (a).
    (c) Secretarial Support.--The Secretary shall seek opportunities to 
support the transportation planning processes under sections 134 and 
135 of title 23, United States Code, through the provision of data to 
States and metropolitan planning organizations to improve the quality 
of transportation plans, models, and demand forecasts.
    (d) Update Guidance and Regulations.--The Secretary shall--
            (1) update Department of Transportation guidance and 
        procedures to utilize best practices documented throughout the 
        Federal program; and
            (2) ensure that best practices included in the report are 
        incorporated into appropriate regulations as such regulations 
        are updated.
    (e) Continuing Improvement.--The Secretary shall set out a process 
to repeat the study under this section every 2 years as part of the 
conditions and performance report, including--
            (1) progress in the accuracy of model projections;
            (2) further recommendations for improvement; and
            (3) further changes to guidance, regulation, and procedures 
        required for the Department of Transportation to adopt best 
        practices.

SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of 
Federal Regulations, to ensure that the outer years of a metropolitan 
transportation plan are defined as ``beyond the first 4 years''.

           Subtitle E--Federal Lands, Tribes, and Territories

SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

    (a) In General.--Section 165 of title 23, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Annual Allocation.--For the Puerto Rico and territorial 
highway program, there shall be made available--
            ``(1) $340,000,000 for the Puerto Rico highway program 
        under subsection (b) for each of fiscal years 2023 through 
        2026; and
            ``(2) for the territorial highway program under subsection 
        (c)--
                    ``(A) $113,044,097 for fiscal year 2023;
                    ``(B) $114,961,294 for fiscal year 2024;
                    ``(C) $117,190,719 for fiscal year 2025; and
                    ``(D) $119,237,332 for fiscal year 2026.'';
            (2) in subsection (b)(2) by adding at the end the 
        following:
                    ``(D) Transferability.--Of the amounts described in 
                clauses (i) and (ii) of subparagraph (C) for the Puerto 
                Rico highway program, Puerto Rico may transfer not to 
                exceed 50 percent in a fiscal year of such amounts for 
                activities described in clause (iii) of such 
                subparagraph.''.
            (3) in subsection (c)(6)(A)--
                    (A) by redesignating clauses (iv), (v), (vi), and 
                (vii) as clauses (v), (vi), (vii), and (viii), 
                respectively; and
                    (B) by inserting after clause (iii) the following:
                            ``(iv) Ferry boats and terminal facilities 
                        that are privately or majority privately owned, 
                        in accordance with paragraphs (1), (2), (4), 
                        (5), (6), and (7) of section 129(c), that 
                        provide a substantial public benefit.''; and
            (4) by adding at the end the following:
    ``(d) Participation of Territories in Discretionary Programs.--For 
any program in which the Secretary may allocate funds out of the 
Highway Trust Fund (other than the Mass Transit Account) to a State at 
the discretion of the Secretary, the Secretary may allocate funds to 
one or more territory for any project or activity that otherwise would 
be eligible under such program if such project or activity was being 
carried out in a State.''.
    (b) Access and Development Roads.--Section 118(d) of title 23, 
United States Code, is amended by striking ``and the Commonwealth of 
Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, and 
any other territory of the United States''.

SEC. 1502. TRIBAL TRANSPORTATION PROGRAM.

    Section 202 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1) by striking ``improving 
                deficient'' and inserting ``the construction and 
                reconstruction of'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A) by inserting 
                        ``construct,'' after ``project to''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``deficient''; and
                                    (II) by inserting ``in poor 
                                condition'' after ``facility bridges''; 
                                and
                    (C) in paragraph (3)--
                            (i) in the heading by striking ``Eligible 
                        bridges'' and inserting ``Eligibility for 
                        existing bridges'';
                            (ii) by striking ``a bridge'' and inserting 
                        ``an existing bridge''; and
                            (iii) in subparagraph (C) by striking 
                        ``structurally deficient or functionally 
                        obsolete'' and inserting ``in poor condition''; 
                        and
            (2) in subsection (e) by striking ``for eligible projects 
        described in section 148(a)(4).'' and inserting the following: 
        ``for--
                    ``(A) eligible projects described in section 
                148(a)(4);
                    ``(B) projects to promote public awareness and 
                education concerning highway safety matters (including 
                bicycle, all-terrain, motorcyclist, and pedestrian 
                safety); or
                    ``(C) projects to enforce highway safety laws.''.

SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

    (a) Tribal Transportation Program.--Section 202 of title 23, United 
States Code, is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Tribal High Priority Projects Program.--Before making any 
distribution under subsection (b), the Secretary shall set aside 
$50,000,000 from the funds made available under the tribal 
transportation program for each fiscal year to carry out the Tribal 
High Priority Projects program under section 1123 of MAP-21 (23 U.S.C. 
202 note).''.
    (b) Tribal High Priority Projects Program.--Section 1123 of MAP-21 
(23 U.S.C. 202 note) is amended--
            (1) in subsection (a)(1)(C) by striking ``required by that 
        section'' and inserting ``required under such program'';
            (2) in subsection (b)(1) by striking ``use amounts made 
        available under subsection (h) to'';
            (3) in subsection (d)--
                    (A) in paragraph (2) by inserting ``, in 
                consultation with the Secretary of the Interior,'' 
                after ``The Secretary''; and
                    (B) in paragraph (3) by striking ``of the 
                Interior'' each place it appears;
            (4) in subsection (f) by striking ``$1,000,000'' and 
        inserting ``$5,000,000'';
            (5) in subsection (g) by striking ``and the Secretary'' and 
        inserting ``or the Secretary''; and
            (6) by striking subsection (h) and inserting the following:
    ``(h) Administration.--The funds made available to carry out this 
section shall be administered in the same manner as funds made 
available for the Tribal transportation program under section 202 of 
title 23, United States Code.''.

SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM.

    (a) In General.--Section 203(a) of title 23, United States Code, is 
amended by adding at the end the following:
            ``(6) Transfer for high-commuter corridors.--
                    ``(A) Request.--If the head of a covered agency 
                determines that a high-commuter corridor requires 
                additional investment, based on the criteria described 
                in subparagraph (D), the head of a covered agency, with 
                respect to such corridor, shall submit to the State--
                            ``(i) information on condition of pavements 
                        and bridges;
                            ``(ii) an estimate of the amounts needed to 
                        bring such corridor into a state of good 
                        repair, taking into consideration any planned 
                        future investments; and
                            ``(iii) at the discretion of the head of a 
                        covered agency, a request that the State 
                        transfer to the covered agency, under the 
                        authority of section 132 or section 204, or to 
                        the Federal Highway Administration, under the 
                        authority of section 104, a portion of such 
                        amounts necessary to address the condition of 
                        the corridor.
                    ``(B) State response.--Not later than 45 days after 
                the date of receipt of the request described in 
                subparagraph (A)(iii), the State shall--
                            ``(i) approve the request;
                            ``(ii) deny the request and explain the 
                        reasons for such denial; or
                            ``(iii) request any additional information 
                        necessary to take action on the request.
                    ``(C) Notification to the secretary.--The head of a 
                covered agency shall provide to the Secretary a copy of 
                any request described under subparagraph (A)(iii) and 
                response described under subparagraph (B).
                    ``(D) Criteria.--In making a determination under 
                subparagraph (A), the head of a covered agency, with 
                respect to the corridor, shall consider--
                            ``(i) the condition of roads, bridges, and 
                        tunnels; and
                            ``(ii) the average annual daily traffic.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) Covered agency.--The term `covered 
                        agency' means a Federal agency eligible to 
                        receive funds under this section, section 203, 
                        or section 204, including the Army Corps of 
                        Engineers, Bureau of Reclamation, and the 
                        Bureau of Land Management.
                            ``(ii) High-commuter corridor.--The term 
                        `high-commuter corridor' means a Federal lands 
                        transportation facility that has an average 
                        annual daily traffic of not less than 20,000 
                        vehicles.''.
    (b) GAO Study Regarding NPS Maintenance.--
            (1) Study.--The Comptroller General of the United States 
        shall study the National Park Service maintenance 
        prioritization of Federal lands transportation facilities.
            (2) Contents.--At minimum, the study under paragraph (1) 
        shall examine--
                    (A) general administrative maintenance of the 
                National Park Service;
                    (B) how the National Park Service currently 
                prioritizes maintenance of Federal facilities covered 
                under the Federal Lands Transportation Program;
                    (C) what kind of maintenance the National Parkway 
                Service is performing;
                    (D) to what degree does the National Park Service 
                prioritize high-commuter corridors; and
                    (E) how the National Park Service can better 
                service the needs of high commuter corridors.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works of the Senate a report summarizing the study and the 
        results of such study, including recommendations for addressing 
        the maintenance needs and prioritization of high-commuter 
        corridors.
            (4) Definition of high-commuter corridor.--In this section, 
        the term ``high-commuter corridor'' means a Federal lands 
        transportation facility that has average annual daily traffic 
        of not less than 20,000 vehicles.

SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS PROGRAM.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 207 the following:
``Sec. 208. Federal lands and Tribal major projects program
    ``(a) Establishment.--The Secretary shall establish a Federal lands 
and Tribal major projects program (referred to in this section as the 
`program') to provide funding to construct, reconstruct, or 
rehabilitate critical Federal lands and Tribal transportation 
infrastructure.
    ``(b) Eligible Applicants.--
            ``(1) In general.--Except as provided in paragraph (2), 
        entities eligible to receive funds under sections 201, 202, 
        203, and 204 may apply for funding under the program.
            ``(2) Special rule.--A State, county, or unit of local 
        government may only apply for funding under the program if 
        sponsored by an eligible Federal agency or Indian Tribe.
    ``(c) Eligible Projects.--An eligible project under the program 
shall be on a Federal lands transportation facility, a Federal lands 
access transportation facility, or a tribal transportation facility, 
except that such facility is not required to be included in an 
inventory described in section 202 or 203, and for which--
            ``(1) the project--
                    ``(A) has completed the activities required under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) which has been demonstrated 
                through--
                            ``(i) a record of decision with respect to 
                        the project;
                            ``(ii) a finding that the project has no 
                        significant impact; or
                            ``(iii) a determination that the project is 
                        categorically excluded; or
                    ``(B) is reasonably expected to begin construction 
                not later than 18 months after the date of obligation 
                of funds for the project; and
            ``(2) the project has an estimated cost equal to or 
        exceeding--
                    ``(A) $12,500,000 if it is on a Federal lands 
                transportation facility or a Federal lands access 
                transportation facility; and
                    ``(B) $5,000,000 if it is on a Tribal 
                transportation facility.
    ``(d) Eligible Activities.--Grant amounts received for a project 
under this section may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, and rehabilitation 
        activities.
    ``(e) Applications.--Eligible applicants shall submit to the 
Secretary an application at such time, in such form, and containing 
such information as the Secretary may require.
    ``(f) Project Requirements.--The Secretary may select a project to 
receive funds under the program only if the Secretary determines that 
the project--
            ``(1) improves the condition of critical transportation 
        facilities, including multimodal facilities;
            ``(2) cannot be easily and efficiently completed with 
        amounts made available under section 202, 203, or 204; and
            ``(3) is cost effective.
    ``(g) Merit Criteria.--In making a grant under this section, the 
Secretary shall consider whether the project--
            ``(1) will generate state of good repair, resilience, 
        economic competitiveness, quality of life, mobility, or safety 
        benefits;
            ``(2) in the case of a project on a Federal lands 
        transportation facility or a Federal lands access 
        transportation facility, has costs matched by funds that are 
        not provided under this section or this title; and
            ``(3) generates benefits for land owned by multiple Federal 
        land management agencies or Indian Tribes, or which spans 
        multiple States.
    ``(h) Evaluation and Rating.--To evaluate applications, the 
Secretary shall--
            ``(1) determine whether a project meets the requirements 
        under subsection (f);
            ``(2) evaluate, through a discernable and transparent 
        methodology, how each application addresses one or more merit 
        criteria established under subsection (g);
            ``(3) assign a rating for each merit criteria for each 
        application; and
            ``(4) consider applications only on the basis of such 
        quality ratings and which meet the minimally acceptable level 
        for each of the merit criteria.
    ``(i) Cost Share.--
            ``(1) Federal lands projects.--
                    ``(A) In general.--Notwithstanding section 120, the 
                Federal share of the cost of a project on a Federal 
                lands transportation facility or a Federal lands access 
                transportation facility shall be up to 90 percent.
                    ``(B) Non-federal share.--Notwithstanding any other 
                provision of law, any Federal funds may be used to pay 
                the non-Federal share of the cost of a project carried 
                out under this section.
            ``(2) Tribal projects.--The Federal share of the cost of a 
        project on a Tribal transportation facility shall be 100 
        percent.
    ``(j) Use of Funds.--For each fiscal year, of the amounts made 
available to carry out this section, not more than 50 percent shall be 
used for eligible projects on Federal lands transportation facilities 
or Federal lands access transportation facilities and Tribal 
transportation facilities, respectively.''.
    (b) Clerical Amendment.--The analysis for chapter 2 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 207 the following new item:

``208. Federal lands and Tribal major projects program.''.
    (c) Repeal.--Section 1123 of the FAST Act (23 U.S.C. 201 note), and 
the item related to such section in the table of contents under section 
1(b) of such Act, are repealed.

SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.

    Section 102 of title 49, United States Code, is amended--
            (1) in subsection (e)(1)--
                    (A) by striking ``6 Assistant'' and inserting ``7 
                Assistant'';
                    (B) in subparagraph (C) by striking ``; and'' and 
                inserting a semicolon;
                    (C) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) an Assistant Secretary for Tribal Government 
                Affairs, who shall be appointed by the President; 
                and''; and
            (2) in subsection (f)--
                    (A) in the heading by striking ``Deputy Assistant 
                Secretary for Tribal Government Affairs'' and inserting 
                ``Office of Tribal Government Affairs''; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Establishment.--There is established in the 
        Department an Office of Tribal Government Affairs, under the 
        Assistant Secretary for Tribal Government Affairs, to--
                    ``(A) oversee the Tribal transportation self-
                governance program under section 207 of title 23;
                    ``(B) plan, coordinate, and implement policies and 
                programs serving Indian Tribes and Tribal 
                organizations;
                    ``(C) coordinate Tribal transportation programs and 
                activities in all offices and administrations of the 
                Department;
                    ``(D) provide technical assistance to Indian Tribes 
                and Tribal organizations;
                    ``(E) be a participant in any negotiated 
                rulemakings relating to, or having an impact on, 
                projects, programs, or funding associated with the 
                tribal transportation program under section 202 of 
                title 23; and
                    ``(F) ensure that Department programs have in 
                place, implement, and enforce requirements and 
                obligations for regular and meaningful consultation and 
                collaboration with Tribes and Tribal officials under 
                Executive Order No. 13175 and to serve as the primary 
                advisor to the Secretary and other Department 
                components regarding violations of those 
                requirements.''.

SEC. 1507. ALTERNATIVE CONTRACTING METHODS.

    (a) Land Management Agencies and Tribal Governments.--Section 201 
of title 23, United States Code, is amended by adding at the end the 
following:
    ``(f) Alternative Contracting Methods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may use a contracting method available to a 
        State under this title on behalf of--
                    ``(A) a Federal land management agency, with 
                respect to any funds available pursuant to section 203 
                or 204;
                    ``(B) a Federal land management agency, with 
                respect to any funds available pursuant to section 1535 
                of title 31 for any eligible use described in sections 
                203(a)(1) and 204(a)(1) of this title; or
                    ``(C) a Tribal Government, with respect to any 
                funds available pursuant to section 202(b)(7)(D).
            ``(2) Methods described.--The contracting methods referred 
        to in paragraph (1) shall include, at a minimum--
                    ``(A) project bundling;
                    ``(B) bridge bundling;
                    ``(C) design-build contracting;
                    ``(D) 2-phase contracting;
                    ``(E) long-term concession agreements; and
                    ``(F) any method tested, or that could be tested, 
                under an experimental program relating to contracting 
                methods carried out by the Secretary.
            ``(3) Rule of construction.--Nothing in this subsection--
                    ``(A) affects the application of the Federal share 
                for a project carried out with a contracting method 
                under this subsection; or
                    ``(B) modifies the point of obligation of Federal 
                salaries and expenses.''.
    (b) Use of Alternative Contracting Method.--In carrying out the 
amendments made by this section, the Secretary shall--
            (1) in consultation with the applicable Federal land 
        management agencies, establish procedures that are--
                    (A) applicable to each alternative contracting 
                method; and
                    (B) to the maximum extent practicable, consistent 
                with requirements for Federal procurement transactions;
            (2) solicit input on the use of each alternative 
        contracting method from any affected industry prior to using 
        such method; and
            (3) analyze and prepare an evaluation of the use of each 
        alternative contracting method.

SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES.

    (a) In General.--The Commissioner of the Bureau of Reclamation may 
transfer ownership of a bridge that is owned by the Bureau of 
Reclamation if--
            (1) the ownership of the bridge is transferred to a State 
        with the concurrence of such State;
            (2) the State to which ownership is transferred agrees to 
        operate and maintain the bridge;
            (3) the transfer of ownership complies with all applicable 
        Federal requirements, including--
                    (A) section 138 of title 23, United States Code;
                    (B) section 306108 of title 54, United States Code; 
                and
                    (C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
            (4) the Bureau of Reclamation and the State to which 
        ownership is being transferred jointly notify the Secretary of 
        Transportation of the intent to conduct a transfer prior to 
        such transfer.
    (b) Access.--In a transfer of ownership of a bridge under this 
section, the Commissioner of the Bureau of Reclamation--
            (1) shall not be required to transfer ownership of the land 
        on which the bridge is located or any adjacent lands; and
            (2) shall make arrangements with the State to which 
        ownership is being transferred to allow for adequate access to 
        such bridge, including for the purposes of construction, 
        maintenance, and bridge inspections pursuant to section 144 of 
        title 23, United States Code.

SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO INDIAN TRIBES.

    Not later than January 31 of each year, the Secretary of 
Transportation shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that--
            (1) identifies the number of Indian Tribes that were direct 
        recipients of funds under any discretionary Federal highway, 
        transit, or highway safety program in the prior fiscal year;
            (2) lists the total amount of such funds made available 
        directly to such Tribes;
            (3) identifies the number and location of Indian Tribes 
        that were indirect recipients of funds under any formula-based 
        Federal highway, transit, or highway safety program in the 
        prior fiscal year; and
            (4) lists the total amount of such funds made available 
        indirectly to such tribes through states or other direct 
        recipients of Federal highway, transit or highway safety 
        funding.

SEC. 1510. GAO STUDY.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the deferred maintenance of United States forest 
roads, including--
            (1) the current backlog;
            (2) the current actions on such maintenance and backlog;
            (3) the impacts of public safety due to such deferred 
        maintenance; and
            (4) recommendations for Congress on ways to address such 
        backlog.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report containing the results of the study conducted under 
subsection (a).

SEC. 1511. FEDERAL LANDS ACCESS PROGRAM.

    Section 204(a) of title 23, United States Code, is amended--
            (1) in paragraph (1)(A)--
                    (A) in the matter preceding clause (i), by 
                inserting ``context-sensitive solutions,'' after 
                ``restoration,'';
                    (B) in clause (i), by inserting ``, including 
                interpretive panels in or adjacent to those areas'' 
                after ``areas'';
                    (C) in clause (v), by striking ``and'' at the end;
                    (D) by redesignating clause (vi) as clause (ix); 
                and
                    (E) by inserting after clause (v) the following:
                            ``(vi) contextual wayfinding markers;
                            ``(vii) landscaping;
                            ``(viii) cooperative mitigation of visual 
                        blight, including screening or removal; and''; 
                        and
            (2) by adding at the end the following:
            ``(6) Native plant materials.--In carrying out an activity 
        described in paragraph (1), the Secretary shall ensure that the 
        entity carrying out the activity considers--
                    ``(A) the use of locally adapted native plant 
                materials; and
                    ``(B) designs that minimize runoff and heat 
                generation.''.

                   Subtitle F--Additional Provisions

SEC. 1601. VISION ZERO.

    (a) In General.--A local government, metropolitan planning 
organization, or regional transportation planning organization may 
develop and implement a vision zero plan to significantly reduce or 
eliminate transportation-related fatalities and serious injuries within 
a specified timeframe, not to exceed 20 years.
    (b) Use of Funds.--Amounts apportioned to a State under paragraph 
(2) or (3) of section 104(b) of title 23, United States Code, may be 
used--
            (1) to carry out vision zero planning under this section or 
        a vulnerable road user safety assessment; and
            (2) to implement an existing vision zero plan.
    (c) Contents of Plan.--A vision zero plan under this section shall 
include--
            (1) a description of programs, strategies, or policies 
        intended to significantly reduce or eliminate transportation-
        related fatalities and serious injuries within a specified 
        timeframe, not to exceed 20 years, that is consistent with a 
        State strategic highway safety plan and uses existing 
        transportation data and consideration of risk factors;
            (2) plans for implementation of, education of the public 
        about, and enforcement of such programs, strategies, or 
        policies;
            (3) a description of how such programs, strategies, or 
        policies, and the enforcement of such programs, strategies, or 
        policies will--
                    (A) equitably invest in the safety needs of low-
                income and minority communities;
                    (B) ensure that such communities are not 
                disproportionately targeted by law enforcement; and
                    (C) protect the rights of members of such 
                communities with respect to title VI of the Civil 
                Rights Act of 1964 (42 U.S.C. 2000d et seq.); and
            (4) a description of a mechanism to evaluate progress of 
        the development and implementation of the plan, including the 
        gathering and use of transportation safety and demographic 
        data.
    (d) Inclusions.--A vision zero plan may include a complete streets 
prioritization plan that identifies a specific list of projects to--
            (1) create a connected network of active transportation 
        facilities, including sidewalks, bikeways, or pedestrian and 
        bicycle trails, to connect communities and provide safe, 
        reliable, affordable, and convenient access to employment, 
        housing, and services, consistent with the goals described in 
        section 150(b) of title 23, United States Code;
            (2) integrate active transportation facilities with public 
        transportation service or improve access to public 
        transportation; and
            (3) improve transportation options for low-income and 
        minority communities.
    (e) Coordination.--A vision zero plan under this section shall 
provide for coordination of various subdivisions of a unit of local 
government in the implementation of the plan, including subdivisions 
responsible for law enforcement, public health, data collection, and 
public works.
    (f) Safety Performance Management.--A vision zero plan under this 
section is not sufficient to demonstrate compliance with the safety 
performance or planning requirements of section 148 or 150 of title 23, 
United States Code.
    (g) Guidance on Safe System Approach.--The Secretary of 
Transportation shall develop guidance on the consideration of a safe 
system approach in project planning, scoping, and design to facilitate 
the implementation of vision zero plans under this section and 
vulnerable road user assessments under section 148 of title 23, United 
States Code.
    (h) Definitions.--In this section, the terms ``safe system 
approach'' and ``vulnerable road user safety assessment'' have the 
meanings given such terms in section 148 of title 23, United States 
Code.

SEC. 1602. SPEED LIMITS.

    (a) Speed Limits.--The Secretary of Transportation shall revise the 
Manual on Uniform Traffic Control Devices to provide for a safe system 
approach to setting speed limits, consistent with the safety 
recommendations issued by the National Transportation Safety Board on 
August 15, 2017, numbered H-17-27 and H-17-028.
    (b) Considerations.--In carrying out subparagraph (A), the 
Secretary shall consider--
            (1) crash statistics;
            (2) road geometry characteristics;
            (3) roadside characteristics;
            (4) traffic volume;
            (5) the possibility and likelihood of human error;
            (6) human injury tolerance;
            (7) the prevalence of vulnerable road users; and
            (8) any other consideration, consistent with a safe system 
        approach, as determined by the Secretary.
    (c) Report on Speed Management Program Plan.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall update and 
report on the implementation progress of the Speed Management Program 
Plan of the Department of Transportation, as described in the safety 
recommendation issued by the National Transportation Safety Board on 
August 15, 2017, numbered H-17-018.
    (d) Definitions.--In this section, the terms ``safe system 
approach'' and ``vulnerable road user'' have the meanings given such 
terms in section 148(a) of title 23, United States Code.

SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE DEPLOYMENT.

    (a) Definitions.--In this section:
            (1) Appropriate state agency.--The term ``appropriate State 
        agency'' means a State governmental agency that is recognized 
        by the executive branch of the State as having the experience 
        necessary to evaluate and facilitate the installation and 
        operation of broadband infrastructure within the State.
            (2) Broadband.--The term ``broadband'' has the meaning 
        given the term ``advanced telecommunications capability'' in 
        section 706 of the Telecommunications Act of 1996 (47 U.S.C. 
        1302).
            (3) Broadband conduit.--The term ``broadband conduit'' 
        means a conduit or innerduct for fiber optic cables (or 
        successor technology of greater quality and speed) that 
        supports the provision of broadband.
            (4) Broadband infrastructure.--The term ``broadband 
        infrastructure'' means any buried or underground facility and 
        any wireless or wireline connection that enables the provision 
        of broadband.
            (5) Broadband provider.--The term ``broadband provider'' 
        means an entity that provides broadband to any person, 
        including, with respect to such entity--
                    (A) a corporation, company, association, firm, 
                partnership, nonprofit organization, or any other 
                private entity;
                    (B) a State or local broadband provider;
                    (C) an Indian Tribe; and
                    (D) a partnership between any of the entities 
                described in subparagraphs (A), (B), and (C).
            (6) Covered highway construction project.--
                    (A) In general.--The term ``covered highway 
                construction project'' means, without regard to 
                ownership of a highway, a project funded under title 
                23, United States Code, and administered by a State 
                department of transportation to construct a new highway 
                or an additional lane for an existing highway, to 
                reconstruct an existing highway, or new construction, 
                including construction of a paved shoulder.
                    (B) Exclusions.--The term ``covered highway 
                construction project'' excludes any project--
                            (i) awarded before the date on which 
                        regulations required under subsection (b) take 
                        effect;
                            (ii) that does not include work beyond the 
                        edge of pavement or current paved shoulder;
                            (iii) that is less than a mile in length; 
                        or
                            (iv) that is--
                                    (I) a project primarily for 
                                resurfacing, restoration, 
                                rehabilitation, or maintenance;
                                    (II) a bicycle, pedestrian, 
                                transportation alternatives, sidewalk, 
                                recreational trails, or safe routes to 
                                school project;
                                    (III) an operational improvement 
                                (as such term is defined in section 101 
                                of title 23, United States Code);
                                    (IV) a project primarily to install 
                                signage; or
                                    (V) a culvert project.
            (7) Dig once requirement.--The term ``dig once 
        requirement'' means a requirement designed to reduce the cost 
        and accelerate the deployment of broadband by minimizing the 
        number and scale of repeated excavations for the installation 
        and maintenance of broadband conduit or broadband 
        infrastructure in rights-of-way.
            (8) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            (9) NTIA administrator.--The term ``NTIA Administrator'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (10) Project.--The term ``project'' has the meaning given 
        such term in section 101 of title 23, United States Code.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (12) State.--The term ``State'' has the meaning given such 
        term in section 401 of title 23, United States Code.
            (13) State or local broadband provider.--The term ``State 
        or local broadband provider'' means a State or political 
        subdivision thereof, or any agency, authority, or 
        instrumentality of a State or political subdivision thereof, 
        that provides broadband to any person or facilitates the 
        provision of broadband to any person in such State.
    (b) Dig Once Requirement.--Not later than 12 months after the date 
of enactment of this Act, to facilitate the installation of broadband 
infrastructure, the Secretary shall issue such regulations as may be 
necessary to ensure that each State that receives funds under chapter 1 
of title 23, United States Code, complies with the following 
provisions:
            (1) Broadband planning and notice.--The State department of 
        transportation, in consultation with appropriate State 
        agencies, shall--
                    (A) review existing State broadband plans, 
                including existing dig once requirements of the State, 
                municipal governments incorporated under State law, and 
                Indian tribes within the State, to determine 
                opportunities to coordinate covered highway 
                construction projects occurring within or across 
                highway rights-of-way with planned broadband 
                infrastructure projects;
                    (B) identify a broadband coordinator, who may have 
                additional responsibilities in the State department of 
                transportation or in another State agency, that is 
                responsible for facilitating the broadband 
                infrastructure right-of-way efforts within the State; 
                and
                    (C) establish a process--
                            (i) for the registration of broadband 
                        providers that seek to be included in the 
                        advance notification of, and opportunity to 
                        participate in, broadband infrastructure right-
                        of-way facilitation efforts within the State; 
                        and
                            (ii) to electronically notify all broadband 
                        providers registered under clause (i)--
                                    (I) of the State transportation 
                                improvement program on at least an 
                                annual basis; and
                                    (II) of covered highway 
                                construction projects within the 
                                highway right-of-way for which Federal 
                                funding is expected to be obligated in 
                                the subsequent fiscal year.
            (2) Coordination and compliance.--
                    (A) Mobile now act.--A State department of 
                transportation shall be considered to meet the 
                requirements of subparagraphs (B) and (C) of paragraph 
                (1) if such State department of transportation has been 
                determined to be in compliance with the requirements 
                established under section 607 of division P of the 
                Consolidated Appropriations Act, 2018 (47 U.S.C. 1504).
                    (B) Website.--A State department of transportation 
                shall be considered to meet the requirements of 
                paragraph (1)(C) if the State publishes on a public 
                website--
                            (i) the State transportation improvement 
                        program on at least an annual basis; and
                            (ii) covered highway construction projects 
                        within the highway right-of-way for which 
                        Federal funding is expected to be obligated in 
                        the subsequent fiscal year.
                    (C) Coordination.--The State department of 
                transportation, in consultation with appropriate State 
                agencies, shall by rule or regulation establish a 
                process for a broadband provider to commit to 
                installing broadband conduit or broadband 
                infrastructure as part of any covered highway 
                construction project.
                    (D) Appropriate state agency.--In lieu of the State 
                department of transportation, at the discretion of the 
                State, an appropriate State agency, in consultation 
                with the State department of transportation, may carry 
                out the requirements of paragraph (1).
            (3) Required installation of broadband conduit.--
                    (A) In general.--The State department of 
                transportation shall install broadband conduit, in 
                accordance with this paragraph (except as described in 
                subparagraph (F)), as part of any covered highway 
                construction project, unless a broadband provider has 
                committed to install broadband conduit or broadband 
                infrastructure as part of such project in a process 
                described under paragraph (2)(C).
                    (B) Installation requirements.--In installing 
                broadband conduit or broadband infrastructure as part 
                of a covered highway construction project, the State 
                department of transportation shall ensure that--
                            (i) installation pursuant to this paragraph 
                        of broadband conduit, broadband infrastructure, 
                        and means or points of access to such conduit 
                        or infrastructure (such as poles, hand holes, 
                        manholes, pull tape, or ducts) shall provide 
                        for the current and future safe operation of 
                        the traveled way, is consistent with part 645 
                        of title 23, Code of Federal Regulations, and 
                        any accommodation policies of the State under 
                        such part to reasonably enable deployment of 
                        such conduit, infrastructure, and means or 
                        points of access, and any Damage Prevention and 
                        Underground Facilities Protection or related 
                        requirements of the State;
                            (ii) an appropriate number of broadband 
                        conduits, as determined in consultation with 
                        the appropriate State agencies, are installed 
                        along the right-of-way of a covered highway 
                        construction project to accommodate multiple 
                        broadband providers, with consideration given 
                        to the availability of existing broadband 
                        conduits;
                            (iii) the size of each broadband conduit is 
                        consistent with industry best practices, 
                        consistent with the requirements of part 645 of 
                        title 23, Code of Federal Regulations, and 
                        sufficient to accommodate anticipated demand, 
                        as determined in consultation with the 
                        appropriate State agencies;
                            (iv) any hand holes and manholes necessary 
                        for fiber access and pulling with respect to 
                        such conduit are placed at intervals consistent 
                        with standards determined in consultation with 
                        the appropriate State agencies (which may 
                        differ by type of road, topologies, and 
                        rurality) the requirements of part 645 of title 
                        23, Code of Federal Regulations, and other 
                        applicable safety requirements;
                            (v) each broadband conduit installed 
                        pursuant to this paragraph includes a pull tape 
                        and is capable of supporting fiber optic cable 
                        placement techniques consistent with best 
                        practices and the requirements of part 645 of 
                        title 23, Code of Federal Regulations;
                            (vi) broadband conduit is placed at a depth 
                        consistent with requirements of the covered 
                        highway construction project and best practices 
                        and that, in determining the depth of 
                        placement, consideration is given to the 
                        location of existing utilities and cable 
                        separation requirements of State and local 
                        electrical codes; and
                            (vii) installation of broadband conduit 
                        shall not preclude the installation of other 
                        specific socially, environmentally, or 
                        economically beneficial uses of the right-of-
                        way, such as planned energy transmission or 
                        renewable energy generation projects.
                    (C) Programmatic review.--The State department of 
                transportation may make determinations on the 
                implementation of the requirements described in 
                subparagraph (B) on a programmatic basis.
                    (D) Access.--
                            (i) In general.--The State department of 
                        transportation shall ensure that any requesting 
                        broadband provider has access to each broadband 
                        conduit installed by the State pursuant to this 
                        paragraph, on a competitively neutral and 
                        nondiscriminatory basis and in accordance with 
                        State permitting, licensing, leasing, or other 
                        similar laws and regulations.
                            (ii) Socially beneficial use.--The 
                        installation of broadband conduit as part of a 
                        covered highway construction project shall be 
                        considered a socially-beneficial use of the 
                        right-of-way under section 156(b) of title 23, 
                        United States Code.
                            (iii) In-kind compensation.--The State 
                        department of transportation may negotiate in-
                        kind compensation with any broadband provider 
                        requesting access to broadband conduit 
                        installed under the provisions of this 
                        paragraph.
                            (iv) Safety considerations.--The State 
                        department of transportation shall provide for 
                        a process for a broadband provider to safely 
                        access to the highway right-of-way during 
                        installation and on-going maintenance of the 
                        broadband conduit and broadband infrastructure, 
                        including a traffic control safety plan.
                            (v) Communication.--A broadband provider 
                        with access to the conduit installed pursuant 
                        to this subsection shall notify, and receive 
                        permission from, the relevant agencies of State 
                        responsible for the installation of such 
                        broadband conduit prior to accessing any 
                        highway or highway right-of-way, in accordance 
                        with applicable Federal requirements.
                    (E) Treatment of projects.--Notwithstanding any 
                other provision of law, broadband conduit and broadband 
                infrastructure installation projects installed by a 
                State under this paragraph under this paragraph shall 
                comply with section 113(a) of title 23, United States 
                Code.
                    (F) Waiver authority.--
                            (i) In general.--A State department of 
                        transportation may waive the required 
                        installation of broadband conduit for part or 
                        all of any covered highway construction project 
                        under this paragraph if, in the determination 
                        of the State department of transportation--
                                    (I) broadband infrastructure, 
                                terrestrial broadband infrastructure, 
                                aerial broadband fiber cables, or 
                                broadband conduit is present near a 
                                majority of the length of the covered 
                                highway construction project;
                                    (II) installation of terrestrial or 
                                aerial broadband fiber cables 
                                associated with the covered highway 
                                construction project is more 
                                appropriate for the context or a more 
                                cost-effective means to facilitate 
                                broadband service to an area not 
                                adequately served by broadband and such 
                                installation is present or planned;
                                    (III) the installation of broadband 
                                conduit increases overall costs of a 
                                covered highway construction project by 
                                1.5 percent or greater;
                                    (IV) the installation of broadband 
                                conduit associated with the covered 
                                highway construction project is not 
                                reasonably expected to be utilized or 
                                connected to future broadband 
                                infrastructure in the 20 years 
                                following the date on which such 
                                determination is made, as determined by 
                                the State department of transportation, 
                                in consultation with appropriate State 
                                agencies and potentially affected local 
                                governments and Indian tribes;
                                    (V) the requirements of this 
                                paragraph would require installation of 
                                conduit redundant with a dig once 
                                requirement of a local government or 
                                Indian tribe;
                                    (VI) there exists a circumstance 
                                involving force majeure; or
                                    (VII) the installation of conduit 
                                is not appropriate based on other 
                                relevant factors established by the 
                                Secretary in consultation with the NTIA 
                                Administrator through regulation.
                            (ii) Contents of waiver.--A waiver 
                        authorized under this subparagraph shall--
                                    (I) identify the covered highway 
                                construction project; and
                                    (II) include a brief description of 
                                the determination of the State for 
                                issuing such waiver.
                            (iii) Availability of waiver.--Notification 
                        of a waiver authorized under this subparagraph 
                        shall be made publicly available, such as on a 
                        public website of the State department of 
                        transportation described in paragraph (2)(B).
                            (iv) Waiver determination.--
                                    (I) In general.--The State 
                                department of transportation shall be 
                                responsible for the waiver 
                                determination described under this 
                                paragraph, consistent with the 
                                regulation issued pursuant to this 
                                subsection, and may grant a 
                                programmatic waiver for categories of 
                                projects excluded under this 
                                subparagraph.
                                    (II) No private cause of action.--
                                The waiver determination described 
                                under this paragraph shall be final and 
                                conclusive. Nothing in this section 
                                shall provide a private right or cause 
                                of action to challenge such 
                                determination in any court of law.
            (4) Priority.--If a State provides for the installation of 
        broadband infrastructure or broadband conduit in the right-of-
        way of a covered highway construction project, the State 
        department of transportation, along with appropriate State 
        agencies, shall carry out appropriate measures to ensure that 
        an existing broadband provider is afforded access that is non-
        discriminatory, competitively neutral, and equal in 
        opportunity, as compared to other broadband providers, with 
        respect to the program under this subsection.
    (c) Guidance for the Installation of Broadband Conduit.--The 
Secretary, in consultation with the NTIA Administrator, shall issue 
guidance for best practices related to the installation of broadband 
conduit as described in subsection (b)(2) and of conduit and similar 
infrastructure for intelligent transportation systems (as such term is 
defined in section 501 of title 23, United States Code) that may 
utilize broadband conduit installed pursuant to subsection (b)(2).
    (d) Consultation.--
            (1) In general.--In issuing regulations required by this 
        subsection or to implement any part of this section, the 
        Secretary shall consult--
                    (A) the NTIA Administrator;
                    (B) the Federal Communications Commission;
                    (C) State departments of transportation;
                    (D) appropriate State agencies;
                    (E) agencies of local governments responsible for 
                transportation and rights-of-way, utilities, and 
                telecommunications and broadband;
                    (F) Indian tribes;
                    (G) broadband providers; and
                    (H) manufacturers of optical fiber, conduit, pull 
                tape, and related items.
            (2) Broadband users.--The Secretary shall ensure that the 
        entities consulted under subparagraphs (C) through (F) of 
        paragraph (1) include entities that have expertise with rural 
        areas and populations with limited access to broadband 
        infrastructure.
            (3) Broadband providers.--The Secretary shall ensure that 
        the entities consulted under subparagraph (G) of paragraph (1) 
        include entities that provide broadband to rural areas and 
        populations with limited access to broadband infrastructure.
    (e) Oversight.--
            (1) In general.--The Secretary shall periodically review 
        compliance with the regulations issued pursuant to this section 
        and ensure that State waiver determinations are consistent with 
        such regulations.
            (2) Efficient review.--The review described under paragraph 
        (1) may be carried out through the risk-based stewardship and 
        oversight program described under section 106(g) of title 23, 
        United States Code.
            (3) Effect of subsection.--Nothing in this subsection shall 
        affect or discharge any oversight responsibility of the 
        Secretary specifically provided for under title 23, United 
        States Code, or any other Federal law.
    (f) Additional Provisions.--
            (1) Applicability.--
                    (A) In general.--The portion of the regulation 
                issued pursuant to subsection (b) relating to the 
                provisions under paragraph (3) of such subsection shall 
                not take effect until a source of dedicated funding for 
                the installation and long term maintenance of broadband 
                conduit described in subsection (g)(2) is established.
                    (B) Applicability date.--Paragraphs (2) through (4) 
                of subsection (b) and subsection (d) shall apply only 
                to covered highway construction projects for which 
                Federal obligations or expenditures are initially 
                approved on or after the date on which regulations 
                required under this subsection take effect.
            (2) Rules of construction.--
                    (A) State law.--Nothing in this subsection shall be 
                construed to require a State to install or allow the 
                installation of broadband conduit or broadband 
                infrastructure--
                            (i) that is otherwise inconsistent with 
                        what is allowable under State law; or
                            (ii) where the State lacks the authority 
                        for such installation, such as any property 
                        right or easement necessary for such 
                        installation.
                    (B) No requirement for installation of mobile 
                services equipment.--Nothing in this section shall be 
                construed to require a State, a municipal government 
                incorporated under State law, or an Indian Tribe to 
                install or allow for the installation of equipment 
                essential for the provision of commercial mobile 
                services (as defined in section 332(d) of the 
                Communications Act of 1934 (47 U.S.C. 332(d))) or 
                commercial mobile data service (as defined in section 
                6001 of the Middle Class Tax Relief and Job Creation 
                Act of 2012 (47 U.S.C. 1401)), other than broadband 
                conduit and associated equipment described in paragraph 
                (3)(B).
            (3) Relation to state dig once requirements.--Nothing in 
        subsections (b), (c), (d), or (e) or any regulations issued 
        pursuant to subsection (b) shall be construed to alter or 
        supersede any provision of a State law or regulation that 
        provides for a dig once requirement that includes similar or 
        more stringent requirements to the provisions of subsections 
        (b), (c), (d), or (e) and any regulations promulgated under 
        subsection (b).
    (g) Dig Once Funding Task Force.--
            (1) Establishment.--The Secretary and the NTIA 
        Administrator shall jointly establish an independent task force 
        on funding the nationwide dig once requirement described in 
        this section to be known as the ``Dig Once Funding Task Force'' 
        (hereinafter referred to as the ``Task Force'').
            (2) Duties.--The duties of the Task Force shall be to--
                    (A) estimate the annual cost for implementing, 
                administering, and maintaining a nationwide dig once 
                requirement;
                    (B) propose and evaluate options for funding a 
                nationwide dig once requirement described in this 
                section that includes--
                            (i) a discussion of the role and potential 
                        share of costs of--
                                    (I) the Federal Government;
                                    (II) State and local governments 
                                and Indian tribes; and
                                    (III) broadband providers 
                                installing broadband conduit or 
                                broadband infrastructure under this 
                                section;
                            (ii) consideration of the role of existing 
                        dig once requirements on States, local 
                        governments, and Indian tribes and the role of 
                        private broadband investment, with a goal to 
                        not discourage or disincentivize such dig once 
                        requirements or such investment; and
                            (iii) evaluating the appropriate entity or 
                        entities responsible for maintaining the 
                        broadband infrastructure and conduit installed 
                        pursuant to a dig once requirement; and
                    (C) propose a cost-based model fee schedule for a 
                State to charge a broadband provider to access and use 
                conduit installed by such State pursuant to this 
                section that--
                            (i) shall consider costs (including 
                        administrative costs) associated with 
                        installation and long-term maintenance of the 
                        broadband conduit installed pursuant to this 
                        section;
                            (ii) may vary by topography, location, type 
                        of road, rurality, and other factors; and
                            (iii) may consider financial and market 
                        incentives for expanding broadband 
                        infrastructure.
            (3) Reports.--
                    (A) Interim report and briefing.--Not later than 9 
                months after the appointment of Members to the Task 
                Force under paragraph (4)(D), the Task Force shall--
                            (i) submit to Congress an interim report on 
                        the findings of the Task Force; and
                            (ii) provide briefings for Congress on the 
                        findings of the Task Force.
                    (B) Final report.--Not later than 3 months after 
                the submission of the interim report under subparagraph 
                (A), the Task Force shall submit to Congress a final 
                report on the findings of the Task Force.
            (4) Members.--
                    (A) Appointments.--The Task Force shall consist of 
                14 members, comprising--
                            (i) 2 co-chairs described in subparagraph 
                        (B);
                            (ii) 6 members jointly appointed by the 
                        Speaker and minority leader of the House of 
                        Representatives, in consultation with the 
                        respective Chairs and Ranking Members of--
                                    (I) the Committee on Transportation 
                                and Infrastructure of the House of 
                                Representatives;
                                    (II) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives; and
                                    (III) the Committee on 
                                Appropriations of the House of 
                                Representatives; and
                            (iii) 6 members jointly appointed by the 
                        majority leader and minority leader of the 
                        Senate, in consultation with the respective 
                        Chairs and Ranking Members of the--
                                    (I) the Committee on Environment 
                                and Public Works of the Senate;
                                    (II) the Committee on Commerce, 
                                Science, and Transportation of the 
                                Senate; and
                                    (III) the Committee on 
                                Appropriations of the Senate.
                    (B) Co-chairs.--The Task Force shall be co-chaired 
                by the Secretary and the NTIA Administrator, or the 
                designees of the Secretary and NTIA Administrator.
                    (C) Composition.--The Task Force shall include at 
                least--
                            (i) 1 representative from a State 
                        department of transportation;
                            (ii) 1 representative from a local 
                        government;
                            (iii) 1 representative from an Indian 
                        tribe;
                            (iv) 1 representative from a broadband 
                        provider;
                            (v) 1 representative from a State or local 
                        broadband provider;
                            (vi) 1 representative from a labor union; 
                        and
                            (vii) 1 representative from a public 
                        interest organization.
                    (D) Appointment deadline.--Members shall be 
                appointed to the Task Force not later than 60 days 
                after the date of enactment of this Act.
                    (E) Terms.--Members shall be appointed for the life 
                of the Task Force. A vacancy in the Task Force shall 
                not affect the powers of the Task Force and the vacancy 
                shall be filled in the same manner as the initial 
                appointment was made.
            (5) Consultations.--In carrying out the duties required 
        under this subsection, the Task Force shall consult, at a 
        minimum--
                    (A) the Federal Communications Commission;
                    (B) agencies of States including--
                            (i) State departments of transportation; 
                        and
                            (ii) appropriate State agencies;
                    (C) agencies of local governments responsible for 
                transportation and rights-of-way, utilities, and 
                telecommunications and broadband;
                    (D) Indian tribes;
                    (E) broadband providers and other 
                telecommunications providers;
                    (F) labor unions; and
                    (G) State or local broadband providers and Indian 
                tribes that act as broadband providers.
            (6) Additional provisions.--
                    (A) Expenses for non-federal members.--Non-Federal 
                members of the Task Force shall be allowed travel 
                expenses, including per diem in lieu of subsistence, at 
                rates authorized for employees under subchapter I of 
                chapter 57 of title 5, United States Code, while away 
                from the homes or regular places of business of such 
                members in the performance of services for the Task 
                Force.
                    (B) Staff.--Staff of the Task Force shall comprise 
                detailees with relevant expertise from the Department 
                of Transportation and the National Telecommunications 
                and Information Administration, or another Federal 
                agency that the co-chairpersons consider appropriate, 
                with the consent of the head of the Federal agency, and 
                such detailees shall retain the rights, status, and 
                privileges of the regular employment of such detailees 
                without interruption.
                    (C) Administrative assistance.--The Secretary and 
                NTIA Administrator shall provide to the Task Force on a 
                reimbursable basis administrative support and other 
                services for the performance of the functions of the 
                Task Force.
            (7) Termination.--The Task Force shall terminate not later 
        than 90 days after submission of the final report required 
        under paragraph (3)(B).

SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES.

    (a) Study.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation and the 
        Administrator shall seek to enter into an agreement with the 
        Transportation Research Board of the National Academy of 
        Sciences to under which the Transportation Research Board shall 
        conduct a study--
                    (A) to estimate pollutant loads from stormwater 
                runoff from highways and pedestrian facilities eligible 
                for assistance under title 23, United States Code, to 
                inform the development of appropriate total maximum 
                daily load requirements;
                    (B) to provide recommendations (including 
                recommended revisions to existing laws and regulations) 
                regarding the evaluation and selection by State 
                departments of transportation of potential stormwater 
                management and total maximum daily load compliance 
                strategies within a watershed, including environmental 
                restoration and pollution abatement carried out under 
                section 328 of title 23, United States Code;
                    (C) to examine the potential for the Secretary to 
                assist State departments of transportation in carrying 
                out and communicating stormwater management practices 
                for highways and pedestrian facilities that are 
                eligible for assistance under title 23, United States 
                Code, through information-sharing agreements, database 
                assistance, or an administrative platform to provide 
                the information described in subparagraphs (A) and (B) 
                to entities issued permits under the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.); and
                    (D) to examine the benefit of concentrating 
                stormwater retrofits in impaired watersheds and 
                selecting such retrofits according to a process that 
                depends on a watershed management plan developed in 
                accordance with section 319 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1329).
            (2) Requirements.--In conducting the study under the 
        agreement entered into pursuant to paragraph (1), the 
        Transportation Research Board shall--
                    (A) review and supplement, as appropriate, the 
                methodologies examined and recommended in the 2019 
                report of the National Academies of Sciences, 
                Engineering, and Medicine titled ``Approaches for 
                Determining and Complying with TMDL Requirements 
                Related to Roadway Stormwater Runoff'';
                    (B) consult with--
                            (i) the Secretary of Transportation;
                            (ii) the Secretary of Agriculture;
                            (iii) the Administrator;
                            (iv) the Secretary of the Army, acting 
                        through the Chief of Engineers; and
                            (v) State departments of Transportation; 
                        and
                    (C) solicit input from--
                            (i) stakeholders with experience in 
                        implementing stormwater management practices 
                        for projects; and
                            (ii) educational and technical stormwater 
                        management groups.
            (3) Report.--In carrying out the agreement entered into 
        pursuant to paragraph (1), not later than 18 months after the 
        date of enactment of this Act, the Transportation Research 
        Board shall submit to the Secretary of Transportation, the 
        Administrator, the Committee on Transportation and 
        Infrastructure of the House of Representatives, and the 
        Committee on Environment and Public Works of the Senate a 
        report describing the results of the study.
    (b) Stormwater Best Management Practices Reports.--
            (1) Reissuance.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall update and 
        reissue the best management practices reports to reflect new 
        information and advancements in stormwater management.
            (2) Updates.--Not less frequently than once every 5 years 
        after the date on which the Secretary reissues the best 
        management practices reports under paragraph (1), the Secretary 
        shall update and reissue the best management practices reports, 
        unless the contents of the best management practices reports 
        have been incorporated (including by reference) into applicable 
        regulations of the Secretary.
    (c) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Best management practices reports.--The term ``best 
        management practices reports'' means--
                    (A) the 2014 report sponsored by the Department of 
                Transportation titled ``Determining the State of the 
                Practice in Data Collection and Performance Measurement 
                of Stormwater Best Management Practices'' (FHWA-HEP-16-
                021); and
                    (B) the 2000 report sponsored by the Department of 
                Transportation titled ``Stormwater Best Management 
                Practices in an Ultra-Urban Setting: Selection and 
                Monitoring''.
            (3) Total maximum daily load.--The term ``total maximum 
        daily load'' has the meaning given such term in section 130.2 
        of title 40, Code of Federal Regulations (or successor 
        regulations).

SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Architectural and Transportation Barriers 
Compliance Board under the authority of section 502(b)(3) of the 
Rehabilitation Act of 1973 (29 U.S.C. 792(b)(3)), shall publish final 
accessibility guidelines setting forth minimum standards for pedestrian 
facilities in the public right-of-way, including shared use paths.
    (b) Adoption of Regulations.--Not later than 180 days after the 
establishment of the guidelines pursuant to subsection (a), the 
Secretary shall issue such regulations as are necessary to adopt such 
guidelines.

SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT.

    (a) Highway Formula Modernization Study.--
            (1) In general.--The Secretary of Transportation, in 
        consultation with the State departments of transportation and 
        representatives of local governments (including metropolitan 
        planning organizations), shall conduct a highway formula 
        modernization study to assess the method and data used to 
        apportion Federal-aid highway funds under subsections (b) and 
        (c) of section 104 of title 23, United States Code, and issue 
        recommendations on such method and data.
            (2) Assessment.--The highway formula modernization study 
        required under paragraph (1) shall include an assessment of, 
        based on the latest available data, whether the apportionment 
        method under such section results in--
                    (A) an equitable distribution of funds based on the 
                estimated tax payments attributable to--
                            (i) highway users in the State that are 
                        paid into the Highway Trust Fund; and
                            (ii) individuals in the State that are paid 
                        to the Treasury, based on contributions to the 
                        Highway Trust Fund from the general fund of the 
                        Treasury; and
                    (B) the achievement of the goals described in 
                section 101(b)(3) of title 23, United States Code.
            (3) Considerations.--In carrying out the assessment under 
        paragraph (2), the Secretary shall consider the following:
                    (A) The factors described in sections 104(b), 
                104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, 
                United States Code, as in effect on the date of 
                enactment of SAFETEA-LU (Public Law 109-59).
                    (B) The availability and accuracy of data necessary 
                to calculate formula apportionments under the factors 
                described in subparagraph (A).
                    (C) The measures established under section 150 of 
                title 23, United States Code, and whether such measures 
                are appropriate for consideration as formula 
                apportionment factors.
                    (D) The results of the CMAQ formula modernization 
                study required under subsection (b).
                    (E) Inclusion of the Commonwealth of Puerto Rico in 
                the apportionment under subsections (b) and (c) of 
                section 104 of such title, including an estimate of the 
                anticipated contributions to the Highway Trust Fund 
                from the citizens of Puerto Rico if Puerto Rico was 
                subject to applicable highway user fees.
                    (F) A needs-based assessment of the share of 
                Federal-aid highway funds that should be made available 
                to the territories described under section 165(c) of 
                such title.
                    (G) Any other factors that the Secretary determines 
                are appropriate.
            (4) Recommendations.--The Secretary shall, in consultation 
        with the State departments of transportation and 
        representatives of local governments (including metropolitan 
        planning organizations), develop recommendations on a new 
        apportionment method, including--
                    (A) the factors recommended to be included in such 
                apportionment method;
                    (B) the weighting recommended to be applied to the 
                factors under subparagraph (A); and
                    (C) any other recommendations to ensure that the 
                apportionment method best achieves an equitable 
                distribution of funds described under paragraph (2)(A) 
                and the goals described in paragraph (2)(B).
    (b) CMAQ Formula Modernization Study.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, shall conduct an CMAQ formula modernization 
        study to assess whether the apportionment method under section 
        104(b)(4) of title 23, United States Code, results in a 
        distribution of funds that best achieves the air quality goals 
        of section 149 of such title.
            (2) Considerations.--In providing consultation under this 
        subsection, the Administrator of the Environmental Protection 
        Agency shall provide to the Secretary an analysis of--
                    (A) factors that contribute to the apportionment, 
                including population, types of pollutants, and severity 
                of pollutants, as such factors were determined on the 
                date prior to the date of enactment of MAP-21;
                    (B) the weighting of the factors listed under 
                subparagraph (A); and
                    (C) the recency of the data used in making the 
                apportionment under section 104(b)(4) of title 23, 
                United States Code.
            (3) Recommendations.--If, in conducting the study under 
        this subsection, the Secretary finds that modifying the 
        apportionment method under section 104(b)(4) of title 23, 
        United States Code, would best achieve the air quality goals of 
        section 149 of title 23, United States Code, the Secretary 
        shall, in consultation with the Administrator, include in such 
        study recommendations for a new apportionment method, 
        including--
                    (A) the factors recommended to be included in such 
                apportionment method;
                    (B) the weighting recommended to be applied to the 
                factors under subparagraph (A); and
                    (C) any other recommendations to ensure that the 
                apportionment method best achieves the air quality 
                goals section 149 of such title.
    (c) Report.--No later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report containing the 
results of the highway formula modernization study and the CMAQ formula 
modernization study.

SEC. 1607. CONSOLIDATION OF PROGRAMS.

    Section 1519 of MAP-21 (Public Law 112-141) is amended--
            (1) in subsection (a)--
                    (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal years 2023 through 2026''; and
                    (B) by striking ``$3,500,000'' and inserting 
                ``$4,000,000'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Federal Share.--The Federal share of the cost of a project or 
activity carried out under subsection (a) shall be 100 percent.''.

SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate a 
report that describes the efforts of the Department of Transportation 
to encourage elementary, secondary, and post-secondary students to 
pursue careers in the surface transportation sector.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) a description of efforts to increase awareness of 
        careers related to surface transportation among elementary, 
        secondary, and post-secondary students;
            (2) a description of efforts to prepare and inspire such 
        students for surface transportation careers;
            (3) a description of efforts to support the development of 
        a diverse, well-qualified workforce for future surface 
        transportation needs; and
            (4) the effectiveness of the efforts described in 
        paragraphs (1) through (3).

SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY SURFACE 
              TRANSPORTATION WORKFORCE.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall establish a task 
force on developing a 21st century surface transportation workforce (in 
this section referred to as the ``Task Force'').
    (b) Duties.--Not later than 12 months after the establishment of 
the Task Force under subsection (a), the Task Force shall develop and 
submit to the Secretary recommendations and strategies for the 
Department of Transportation to--
            (1) evaluate the current and future state of the surface 
        transportation workforce, including projected job needs in the 
        surface transportation sector;
            (2) identify factors influencing individuals pursuing 
        careers in surface transportation, including barriers to 
        attracting individuals into the workforce;
            (3) address barriers to retaining individuals in surface 
        transportation careers;
            (4) identify and address potential impacts of emerging 
        technologies on the surface transportation workforce;
            (5) increase access for vulnerable or underrepresented 
        populations, especially women and minorities, to high-skill, 
        in-demand surface transportation careers;
            (6) facilitate and encourage elementary, secondary, and 
        post-secondary students in the United States to pursue careers 
        in the surface transportation sector; and
            (7) identify and develop pathways for students and 
        individuals to secure pre-apprenticeships, registered 
        apprenticeships, and other work-based learning opportunities in 
        the surface transportation sector of the United States.
    (c) Considerations.--In developing recommendations and strategies 
under subsection (b), the Task Force shall--
            (1) identify factors that influence whether young people 
        pursue careers in surface transportation, especially 
        traditionally underrepresented populations, including women and 
        minorities;
            (2) consider how the Department, businesses, industry, 
        labor, educators, and other stakeholders can coordinate efforts 
        to support qualified individuals in pursuing careers in the 
        surface transportation sector;
            (3) identify methods of enhancing surface transportation 
        pre-apprenticeships and registered apprenticeships, job skills 
        training, mentorship, education, and outreach programs that are 
        exclusive to youth in the United States; and
            (4) identify potential sources of funding, including grants 
        and scholarships, that may be used to support youth and other 
        qualified individuals in pursuing careers in the surface 
        transportation sector.
    (d) Consultation.--In developing the recommendations and strategies 
required under subsection (b), the Task Force may consult with--
            (1) local educational agencies and institutes of higher 
        education, including community colleges and vocational schools; 
        and
            (2) State workforce development boards.
    (e) Report.--Not later than 60 days after the submission of the 
recommendations and strategies under subsection (b), the Secretary 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Environment and 
Public Works of the Senate a report containing such recommendations and 
strategies.
    (f) Composition of Task Force.--The Secretary shall appoint members 
to the Task Force whose diverse background and expertise allow such 
members to contribute balanced points of view and ideas in carrying out 
this section, comprised of equal representation from each of the 
following:
            (1) Industries in the surface transportation sector.
            (2) Surface transportation sector labor organizations.
            (3) Such other surface transportation stakeholders and 
        experts as the Secretary considers appropriate.
    (g) Period of Appointment.--Members shall be appointed to the Task 
Force for the duration of the existence of the Task Force.
    (h) Compensation.--Task Force members shall serve without 
compensation.
    (i) Sunset.--The Task Force shall terminate upon the submission of 
the report required under subsection (e).
    (j) Definitions.--In this section:
            (1) Pre-apprenticeship.--The term ``pre-apprenticeship'' 
        means a training model or program that prepares individuals for 
        acceptance into a registered apprenticeship and has a 
        demonstrated partnership with one or more registered 
        apprenticeships.
            (2) Registered apprenticeship.--The term ``registered 
        apprenticeship'' means an apprenticeship program registered 
        under the Act of August 16, 1937 (29 U.S.C. 50 et seq.; 
        commonly known as the ``National Apprenticeship Act''), that 
        satisfies the requirements of parts 29 and 30 of title 29, Code 
        of Federal Regulations (as in effect on January 1, 2020).

SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERVICES.

    Section 140(b) of title 23, United States Code, is amended to read 
as follows:
    ``(b) Workforce Training and Development.--
            ``(1) In general.--The Secretary, in cooperation with the 
        Secretary of Labor and any other department or agency of the 
        Government, State agency, authority, association, institution, 
        Indian Tribe or Tribal organization, corporation (profit or 
        nonprofit), or any other organization or person, is authorized 
        to develop, conduct, and administer surface transportation and 
        technology training, including skill improvement programs, and 
        to develop and fund summer transportation institutes.
            ``(2) State responsibilities.--A State department of 
        transportation participating in the program under this 
        subsection shall--
                    ``(A) develop an annual workforce plan that 
                identifies immediate and anticipated workforce gaps and 
                underrepresentation of women and minorities and a 
                detailed plan to fill such gaps and address such 
                underrepresentation;
                    ``(B) establish an annual workforce development 
                compact with the State workforce development board and 
                appropriate agencies to provide a coordinated approach 
                to workforce training, job placement, and 
                identification of training and skill development 
                program needs, which shall be coordinated to the extent 
                practical with an institution or agency, such as a 
                State workforce development board under section 101 of 
                the Workforce Innovation and Opportunities Act (29 
                U.S.C. 3111), that has established skills training, 
                recruitment, and placement resources; and
                    ``(C) demonstrate program outcomes, including--
                            ``(i) impact on areas with transportation 
                        workforce shortages;
                            ``(ii) diversity of training participants;
                            ``(iii) number and percentage of 
                        participants obtaining certifications or 
                        credentials required for specific types of 
                        employment;
                            ``(iv) employment outcome, including job 
                        placement and job retention rates and earnings, 
                        using performance metrics established in 
                        consultation with the Secretary of Labor and 
                        consistent with metrics used by programs under 
                        the Workforce Innovation and Opportunity Act 
                        (29 U.S.C. 3101 et seq.); and
                            ``(v) to the extent practical, evidence 
                        that the program did not preclude workers that 
                        participate in training or registered 
                        apprenticeship activities under the program 
                        from being referred to, or hired on, projects 
                        funded under this chapter.
            ``(3) Funding.--From administrative funds made available 
        under section 104(a), the Secretary shall deduct such sums as 
        necessary, not to exceed $10,000,000 in each fiscal year, for 
        the administration of this subsection. Such sums shall remain 
        available until expended.
            ``(4) Nonapplicability of title 41.--Subsections (b) 
        through (d) of section 6101 of title 41 shall not apply to 
        contracts and agreements made under the authority granted to 
        the Secretary under this subsection.
            ``(5) Use of surface transportation program and national 
        highway performance program funds.--Notwithstanding any other 
        provision of law, not to exceed \1/2\ of 1 percent of funds 
        apportioned to a State under paragraph (1) or (2) of section 
        104(b) may be available to carry out this subsection upon 
        request of the State transportation department to the 
        Secretary.''.

SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM FUNDING FLEXIBILITY.

    (a) In General.--Any funds made available to a State for the 
Appalachian development highway system program under subtitle IV of 
title 40, United States Code, before the date of enactment of this Act 
may be used, at the request of such State to the Secretary of 
Transportation, for the purposes described in section 133(b) of title 
23, United States Code.
    (b) Limitation.--The authority in subsection (a) may only be used 
by an Appalachian development highway system State if all of the 
Appalachian development highway system corridors authorized by subtitle 
IV of title 40, United States Code, in such State, have been fully 
completed and are open to traffic prior to the State making a request 
to the Secretary as described in subsection (a).

SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT PROGRAM.

    Section 504 of title 23, United States Code, is amended--
            (1) in subsection (e)(1) by inserting ``and (8) through 
        (9)'' after ``paragraphs (1) through (4)''; and
            (2) in subsection (f) by adding at the end the following:
            ``(4) Reports.--The Secretary shall submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate an annual report that includes--
                    ``(A) a list of all grant recipients under this 
                subsection;
                    ``(B) an explanation of why each recipient was 
                chosen in accordance with the criteria under paragraph 
                (2);
                    ``(C) a summary of each recipient's objective to 
                carry out the purpose described in paragraph (1) and an 
                analysis of progress made toward achieving each such 
                objective;
                    ``(D) an accounting for the use of Federal funds 
                obligated or expended in carrying out this subsection; 
                and
                    ``(E) an analysis of outcomes of the program under 
                this subsection.''.

SEC. 1613. WORKING GROUP ON CONSTRUCTION RESOURCES.

    (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a working group (in this section referred to as the ``Working Group'') 
to conduct a study on access to covered resources for infrastructure 
projects.
    (b) Membership.--
            (1) Appointment.--The Secretary shall appoint to the 
        Working Group individuals with knowledge and expertise in the 
        production and transportation of covered resources.
            (2) Representation.--The Working Group shall include at 
        least one representative of each of the following:
                    (A) State departments of transportation.
                    (B) State agencies associated with covered 
                resources protection.
                    (C) State planning and geologic survey and mapping 
                agencies.
                    (D) Commercial motor vehicle operators, including 
                small business operators and operators who transport 
                covered resources.
                    (E) Covered resources producers.
                    (F) Construction contractors.
                    (G) Labor organizations.
                    (H) Metropolitan planning organizations and 
                regional planning organizations.
                    (I) Indian Tribes.
                    (J) Any other stakeholders that the Secretary 
                determines appropriate.
            (3) Termination.--The Working Group shall terminate 6 
        months after the date on which the Secretary receives the 
        report under subsection (e)(1).
    (c) Duties.--In carrying out the study required under subsection 
(a), the Working Group shall analyze--
            (1) the use of covered resources in transportation projects 
        funded with Federal dollars;
            (2) how the proximity of covered resources to such projects 
        affects the cost and environmental impact of such projects;
            (3) whether and how State, Tribal, and local transportation 
        and planning agencies consider covered resources when 
        developing transportation projects; and
            (4) any challenges for transportation project sponsors 
        regarding access and proximity to covered resources.
    (d) Consultation.--In carrying out the study required under 
subsection (a), the Working Group shall consult with, as appropriate--
            (1) chief executive officers of States;
            (2) State and local transportation planning agencies;
            (3) Indian Tribes;
            (4) other relevant State, Tribal, and local agencies, 
        including State agencies associated with covered resources 
        protection;
            (5) members of the public with industry experience with 
        respect to covered resources;
            (6) other Federal entities that provide funding for 
        transportation projects; and
            (7) any other stakeholder the Working Group determines 
        appropriate.
    (e) Reports.--
            (1) Working group report.--Not later than 2 years after the 
        date on which the Working Group is established, the Working 
        Group shall submit to the Secretary a report that includes--
                    (A) the findings of the study required under 
                subsection (a), including a summary of comments 
                received during the consultation process under 
                subsection (d); and
                    (B) any recommendations to preserve access to and 
                reduce the costs and environmental impacts of covered 
                resources for infrastructure projects.
            (2) Departmental report.--Not later than 3 months after the 
        date on which the Secretary receives the report under paragraph 
        (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a summary of the findings under such report 
        and any recommendations, as appropriate.
    (f) Definitions.--In this section:
            (1) Covered resources.--The term ``covered resources'' 
        means common variety materials used in transportation 
        infrastructure construction and maintenance, including stone, 
        sand, and gravel.
            (2) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each territory or 
        possession of the United States.

SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTERCHANGES.

    (a) In General.--Notwithstanding section 315 of title 23, United 
States Code, and section 1.36 of title 23, Code of Federal Regulations, 
the Secretary of Transportation may not impose a penalty on a State 
that does not comply with section 2E.31 of the Manual on Uniform 
Traffic Control Devices (or a successor section) with respect to the 
numbering of highway interchanges.
    (b) Applicability.--Subsection (a) shall only apply to a method of 
numbering of a highway interchange in effect on the date of enactment 
of this Act.

SEC. 1615. TOLL CREDITS.

    (a) Purposes.--The Secretary of Transportation shall--
            (1) identify the extent of the demand to purchase toll 
        credits;
            (2) identify the expected cash price of toll credits;
            (3) analyze the impact of the exchange of toll credits on 
        transportation expenditures; and
            (4) identify any other repercussions of establishing a toll 
        credit exchange.
    (b) Solicitation.--To carry out the requirements of this section, 
the Secretary shall solicit information from States eligible to use a 
credit under section 120(i) of title 23, United States Code, 
including--
            (1) the amount of unused toll credits, including--
                    (A) toll revenue generated and the sources of that 
                revenue;
                    (B) toll revenue used by public, quasi-public, and 
                private agencies to build, improve, or maintain 
                highways, bridges, or tunnels that serve the public 
                purpose of interstate commerce; and
                    (C) an accounting of any Federal funds used by the 
                public, quasi-public, or private agency to build, 
                improve, or maintain the toll facility, to validate 
                that the credit has been reduced by a percentage equal 
                to the percentage of the total cost of building, 
                improving, or maintaining the facility that was derived 
                from Federal funds;
            (2) the documentation of maintenance of effort for toll 
        credits earned by the State; and
            (3) the accuracy of the accounting system of the State to 
        earn and track toll credits.
    (c) Website.--The Secretary shall make available a publicly 
accessible website on which a State eligible to use a credit under 
section 120(i) of title 23, United States Code shall publish the 
information described under subsection (b)(1).
    (d) Evaluation and Recommendations to Congress.--Not later than 2 
years after the date of enactment of this Act, the Secretary shall 
provide to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate, and make publicly available on the website of the 
Department of Transportation--
            (1) an evaluation of the accuracy of the accounting and 
        documentation of toll credits earned under section 120(i);
            (2) a determination whether a toll credit marketplace is 
        viable and cost effective;
            (3) estimates, to the extent possible, of the average sale 
        price of toll credits; and
            (4) recommendations on any modifications necessary, 
        including legislative changes, to establish and implement a 
        toll credit exchange program.
    (e) Definition.--In this section, the term ``State'' has the 
meaning given the term in section 101(a) of title 23, United States 
Code.

SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS PROCUREMENT.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall initiate a 
review of the procurement processes used by State departments of 
transportation to select construction materials on projects utilizing 
Federal-aid highway funds.
    (b) Contents.--The review under subsection (a) shall include--
            (1) a review of competitive practices in the bidding 
        process for transportation construction materials;
            (2) a list of States that currently issue bids that include 
        flexibility in the type of construction materials used to meet 
        the project specifications;
            (3) any information provided by States on considerations 
        that influence the decision to include competition by type of 
        material in transportation construction projects;
            (4) any data on whether issuing bids that include 
        flexibility in the type of construction materials used to meet 
        the project specifications will affect project costs over the 
        lifecycle of an asset;
            (5) any data on the degree to which competition leads to 
        greater use of sustainable, innovative, or resilient materials; 
        and
            (6) an evaluation of any barriers to more widespread use of 
        competitive bidding processes for transportation construction 
        materials.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate, and make 
publicly available, a report on the review initiated by the Secretary 
pursuant to this section.

SEC. 1617. NATIONWIDE ROAD SAFETY ASSESSMENT.

    (a) In General.--The Secretary of Transportation shall, every 2 
years, conduct nationwide, on-the-ground road safety assessments 
focused on pedestrian and bicycle safety in each State.
    (b) Requirements.--The assessments required under subsection (a) 
shall be conducted--
            (1) by Department of Transportation field offices from the 
        Federal Highway Administration, the National Highway 
        Transportation Safety Administration, the Federal Transit 
        Administration, and the Federal Motor Carrier Safety 
        Administration; and
            (2) in consultation with--
                    (A) State and local agencies with jurisdiction over 
                pedestrian and bicycle safety;
                    (B) pedestrian safety and bicycle safety advocacy 
                organizations; and
                    (C) other relevant pedestrian and bicycle safety 
                stakeholders.
    (c) Purposes.--The purpose of the assessments under this section is 
to--
            (1) identify and examine specific locations with documented 
        or perceived problems with pedestrian and bicycle safety and 
        access;
            (2) examine barriers to providing safe pedestrian and 
        bicycle access to transportation infrastructure; and
            (3) develop and issue recommendations designed to 
        effectively address specific safety and access issues and 
        enhance pedestrian and bicycle safety in high risk areas.
    (d) Report on State Assessments.--Upon completion of the assessment 
of a State, the Secretary shall issue, and make available to the 
public, a report containing the assessment that includes--
            (1) a list of locations that have been assessed as 
        presenting a danger to pedestrians or bicyclists; and
            (2) recommendations to enhance pedestrian and bicycle 
        safety in those locations.
    (e) Report on Nationwide Program.--Upon completion of the biannual 
assessment nationwide required under this section, the Secretary shall 
issue, and make available to the public, that covers assessments for 
all jurisdictions and also present it to the congressional 
transportation committees.
    (f) National Pedestrian and Bicycle Safety Database.--The 
Secretary, in order to enhance pedestrian and bicycle safety and 
improve information sharing on pedestrian and bicycle safety challenges 
between the Federal Government and State and local governments, shall 
maintain a national pedestrian and bicycle safety database that 
includes--
            (1) a list of high-risk intersections, roads, and highways 
        with a documented history of pedestrian or bicycle accidents or 
        fatalities and details regarding those incidents; and
            (2) information on corrective measures that have been 
        implemented at the State, local, or Federal level to enhance 
        pedestrian and bicyclist safety at those high risk areas, 
        including details on the nature and date of corrective action.
    (g) State Defined.--In this section, the term ``State'' means each 
of the States, the District of Columbia, and Puerto Rico.

SEC. 1618. CLIMATE RESILIENT TRANSPORTATION INFRASTRUCTURE STUDY.

    (a) Climate Resilient Transportation Infrastructure Study.--Not 
later than 180 days after the date of enactment of this Act, the 
Secretary of Transportation shall enter into an agreement with the 
Transportation Research Board of the National Academies to conduct a 
study of the actions needed to ensure that Federal agencies are taking 
into account current and future climate conditions in planning, 
designing, building, operating, maintaining, investing in, and 
upgrading any federally funded transportation infrastructure 
investments.
    (b) Methodologies.--In conducting the study, the Transportation 
Research Board shall build on the methodologies examined and 
recommended in--
            (1) the 2018 report issued the American Society of Civil 
        Engineers, titled ``Climate-Resilient Infrastructure: Adaptive 
        Design and Risk Management''; and
            (2) the report issued by the California Climate-Safe 
        Infrastructure Working Group, titled ``Paying it Forward: The 
        Path Toward Climate-Safe Infrastructure in California''.
    (c) Contents of Study.--The study shall include specific 
recommendations regarding the following:
            (1) Integrating scientific knowledge of projected climate 
        change impacts, and other relevant data and information, into 
        Federal infrastructure planning, design, engineering, 
        construction, operation and maintenance.
            (2) Addressing critical information gaps and challenges.
            (3) Financing options to help fund climate-resilient 
        infrastructure.
            (4) A platform or process to facilitate communication 
        between climate scientists and other experts with 
        infrastructure planners, engineers and other relevant experts.
            (5) A stakeholder process to engage with representatives of 
        State, local, tribal and community groups.
            (6) A platform for tracking Federal funding of climate-
        resilient infrastructure.
            (7) Labor and workforce needs to implement climate-
        resilient transportation infrastructure projects including new 
        and emerging skills, training programs, competencies and 
        recognized postsecondary credentials that may be required to 
        adequately equip the workforce.
            (8) Outlining how Federal infrastructure planning, design, 
        engineering, construction, operation, and maintenance impact 
        the environment and public health of disproportionately exposed 
        communities. For purposes of this paragraph, the term 
        ``disproportionately exposed communities'' means a community in 
        which climate change, pollution, or environmental destruction 
        have exacerbated systemic racial, regional, social, 
        environmental, and economic injustices by disproportionately 
        affecting indigenous peoples, communities of color, migrant 
        communities, deindustrialized communities, depopulated rural 
        communities, the poor, low-income workers, women, the elderly, 
        people experiencing homelessness, people with disabilities, 
        people who are incarcerated, or youth.
    (d) Considerations.--In carrying out the study, the Transportation 
Research Board shall determine the need for information related to 
climate resilient transportation infrastructure by considering--
            (1) the current informational and institutional barriers to 
        integrating projected infrastructure risks posed by climate 
        change into federal infrastructure planning, design, 
        engineering, construction, operation and maintenance;
            (2) the critical information needed by engineers, planners 
        and those charged with infrastructure upgrades and maintenance 
        to better incorporate climate change risks and impacts over the 
        lifetime of projects;
            (3) how to select an appropriate, adaptive engineering 
        design for a range of future climate scenarios as related to 
        infrastructure planning and investment;
            (4) how to incentivize and incorporate systems thinking 
        into engineering design to maximize the benefits of multiple 
        natural functions and emissions reduction, as well as regional 
        planning;
            (5) how to take account of the risks of cascading 
        infrastructure failures and develop more holistic approaches to 
        evaluating and mitigating climate risks;
            (6) how to ensure that investments in infrastructure 
        resilience benefit all communities, including communities of 
        color, low-income communities and Indian Tribes that face a 
        disproportionate risk from climate change and in many cases 
        have experienced long-standing unmet needs and underinvestment 
        in critical infrastructure;
            (7) how to incorporate capital assessment and planning 
        training and techniques, including a range of financing options 
        to help local and State governments plan for and provide 
        matching funds;
            (8) how federal agencies can track and monitor federally 
        funded resilient infrastructure in a coordinated fashion to 
        help build the understanding of the cost-benefit of resilient 
        infrastructure and to build the capacity for implementing 
        resilient infrastructure; and
            (9) the occupations, skillsets, training programs, 
        competencies and recognized postsecondary credentials that will 
        be needed to implement such climate-resilient transportation 
        infrastructure projects, and how to ensure that any new jobs 
        created by such projects ensure that priority hiring 
        considerations are given to individuals facing barriers to 
        employment, communities of color, low-income communities and 
        Indian Tribes that face a disproportionate risk from climate 
        change and have been excluded from job opportunities.
    (e) Consultation.--In carrying out the study, the Transportation 
Research Board--
            (1) shall convene and consult with a panel of national 
        experts, including operators and users of Federal 
        transportation infrastructure and private sector stakeholders; 
        and
            (2) is encouraged to consult with--
                    (A) representatives from the thirteen federal 
                agencies that comprise the United States Global Change 
                Research Program;
                    (B) representatives from the Department of the 
                Treasury;
                    (C) professional engineers with relevant expertise 
                in infrastructure design;
                    (D) scientists from the National Academies with 
                relevant expertise;
                    (E) scientists, social scientists and experts from 
                academic and research institutions who have expertise 
                in climate change projections and impacts; engineering; 
                architecture; or other relevant areas of expertise;
                    (F) licensed architects with relevant experience in 
                infrastructure design;
                    (G) certified planners;
                    (H) representatives of State and local governments 
                and Indian Tribes;
                    (I) representatives of environmental justice 
                groups; and
                    (J) representatives of labor unions that represent 
                key trades and industries involved in infrastructure 
                projects.
    (f) Report.--Not later than 3 years after the date of enactment of 
this Act, the Transportation Research Board shall submit to the 
Secretary, the Committee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on Environment and Public 
Works of the Senate a report on the results of the study conducted 
under this section.

SEC. 1619. NATURAL GAS, ELECTRIC BATTERY, AND ZERO EMISSION VEHICLES.

    Subsection (s) of section 127 of title 23, United States Code is 
amended to read as follows:
    ``(s) Natural Gas, Electric Battery, and Zero Emission Vehicles.--A 
vehicle, if operated by an engine fueled primarily by natural gas, 
powered primarily by means of electric battery power, or fueled 
primarily by means of other zero emission fuel technologies, may exceed 
the weight limit on the power unit by up to 2,000 pounds (up to a 
maximum gross vehicle weight of 82,000 pounds) under this section.''.

SEC. 1620. GUIDANCE ON EVACUATION ROUTES.

    (a) In General.--
            (1) Guidance.--The Administrator of the Federal Highway 
        Administration, in coordination with the Administrator of the 
        Federal Emergency Management Agency, and consistent with 
        guidance issued by the Federal Emergency Management Agency 
        pursuant to section 1209 of the Disaster Recovery Reform Act of 
        2018 (Public Law 115-254), shall revise existing guidance or 
        issue new guidance as appropriate for State and local 
        governments and Indian Tribes regarding the design, 
        construction, maintenance, and repair of evacuation routes.
            (2) Considerations.--In revising or issuing guidance under 
        subsection (a)(1), the Administrator of the Federal Highway 
        Administration shall consider--
                    (A) methods that assist evacuation routes to--
                            (i) withstand likely risks to viability, 
                        including flammability and hydrostatic forces;
                            (ii) improve durability, strength 
                        (including the ability to withstand tensile 
                        stresses and compressive stresses), and 
                        sustainability; and
                            (iii) provide for long-term cost savings;
                    (B) the ability of evacuation routes to effectively 
                manage contraflow operations;
                    (C) for evacuation routes on public lands, the 
                viewpoints of the applicable Federal land management 
                agency regarding emergency operations, sustainability, 
                and resource protection; and
                    (D) such other items the Administrator of the 
                Federal Highway Administration considers appropriate.
            (3) Report.--In the case in which the Administrator of the 
        Federal Highway Administration, in consultation with the 
        Administrator of the Federal Emergency Management Agency, 
        concludes existing guidance addresses the considerations in 
        paragraph (2), The Administrator of the Federal Highway 
        Administration shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        detailed report describing how existing guidance addresses such 
        considerations.
    (b) Study.--The Administrator of the Federal Highway 
Administration, in coordination with the Administrator of the Federal 
Emergency Management Agency and State, local, territorial governments, 
and Indian Tribes, shall--
            (1) conduct a study of the adequacy of available evacuation 
        routes to accommodate the flow of evacuees; and
            (2) submit recommendations to Congress on how to help with 
        anticipated evacuation route flow, based on the study conducted 
        under paragraph (1).

SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

    (a) Identification.--
            (1) Central texas corridor.--Section 1105(c)(84) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 is 
        amended to read as follows:
            ``(84) The Central Texas Corridor, including the route--
                    ``(A) commencing in the vicinity of Texas Highway 
                338 in Odessa, Texas, running eastward generally 
                following Interstate Route 20, connecting to Texas 
                Highway 158 in the vicinity of Midland, Texas, then 
                following Texas Highway 158 eastward to United States 
                Route 87 and then following United States Route 87 
                southeastward, passing in the vicinity of San Angelo, 
                Texas, and connecting to United States Route 190 in the 
                vicinity of Brady, Texas;
                    ``(B) commencing at the intersection of Interstate 
                Route 10 and United States Route 190 in Pecos County, 
                Texas, and following United States Route 190 to Brady, 
                Texas;
                    ``(C) following portions of United States Route 190 
                eastward, passing in the vicinity of Fort Hood, 
                Killeen, Belton, Temple, Bryan, College Station, 
                Huntsville, Livingston, Woodville, and Jasper, to the 
                logical terminus of Texas Highway 63 at the Sabine 
                River Bridge at Burrs Crossing and including a loop 
                generally encircling Bryan/College Station, Texas;
                    ``(D) following United States Route 83 southward 
                from the vicinity of Eden, Texas, to a logical 
                connection to Interstate Route 10 at Junction, Texas;
                    ``(E) following United States Route 69 from 
                Interstate Route 10 in Beaumont, Texas, north to United 
                States Route 190 in the vicinity of Woodville, Texas;
                    ``(F) following United States Route 96 from 
                Interstate Route 10 in Beaumont, Texas, north to United 
                States Route 190 in the vicinity of Jasper, Texas; and
                    ``(G) following United States Route 190, State 
                Highway 305, and United States Route 385 from 
                Interstate Route 10 in Pecos County, Texas to 
                Interstate 20 at Odessa, Texas.''.
            (2) Central louisiana corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 is 
        amended by adding at the end the following:
            ``(91) The Central Louisiana Corridor commencing at the 
        logical terminus of Louisiana Highway 8 at the Sabine River 
        Bridge at Burrs Crossing and generally following portions of 
        Louisiana Highway 8 to Leesville, Louisiana, and then eastward 
        on Louisiana Highway 28, passing in the vicinity of Alexandria, 
        Pineville, Walters, and Archie, to the logical terminus of 
        United States Route 84 at the Mississippi River Bridge at 
        Vidalia, Louisiana.''.
            (3) Central mississippi corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991, as 
        amended by this Act, is further amended by adding at the end 
        the following:
            ``(92) The Central Mississippi Corridor, including the 
        route--
                    ``(A) commencing at the logical terminus of United 
                States Route 84 at the Mississippi River and then 
                generally following portions of United States Route 84 
                passing in the vicinity of Natchez, Brookhaven, 
                Monticello, Prentiss, and Collins, to Interstate 59 in 
                the vicinity of Laurel, Mississippi, and continuing on 
                Interstate Route 59 north to Interstate Route 20 and on 
                Interstate Route 20 to the Mississippi-Alabama State 
                Border; and
                    ``(B) commencing in the vicinity of Laurel, 
                Mississippi, running south on Interstate Route 59 to 
                United States Route 98 in the vicinity of Hattiesburg, 
                connecting to United States Route 49 south then 
                following United States Route 49 south to Interstate 
                Route 10 in the vicinity of Gulfport and following 
                Mississippi Route 601 southerly terminating near the 
                Mississippi State Port at Gulfport.''.
            (4) Middle alabama corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991, as 
        amended by this Act, is further amended by adding at the end 
        the following:
            ``(93) The Middle Alabama Corridor including the route--
                    ``(A) beginning at the Alabama-Mississippi Border 
                generally following portions of I-20 until following a 
                new interstate extension paralleling United States 
                Highway 80 specifically:
                    ``(B) crossing Alabama Route 28 near Coatopa, 
                Alabama, traveling eastward crossing United States 
                Highway 43 and Alabama Route 69 near Selma, Alabama, 
                traveling eastwards closely paralleling United States 
                Highway 80 to the south crossing over Alabama Routes 
                22, 41, and 21, until its intersection with I-65 near 
                Hope Hull, Alabama;
                    ``(C) continuing east along the proposed Montgomery 
                Outer Loop south of Montgomery, Alabama where it would 
                next join with I-85 east of Montgomery, Alabama;
                    ``(D) continuing along I-85 east bound until its 
                intersection with United States Highway 280 near 
                Opelika, Alabama or United States Highway 80 near 
                Tuskegee, Alabama; and
                    ``(E) generally following the most expedient route 
                until intersecting with existing United States Highway 
                80 (JR Allen Parkway) through Phenix City until 
                continuing into Columbus, Georgia.''.
            (5) Middle georgia corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991, as 
        amended by this Act, is further amended by adding at the end 
        the following:
            ``(94) The Middle Georgia Corridor including the route--
                    ``(A) beginning at the Alabama-Georgia Border 
                generally following the Fall Line Freeway from Columbus 
                Georgia to Augusta, Georgia specifically:
                    ``(B) travelling along United States Route 80 (JR 
                Allen Parkway) through Columbus, Georgia and near Fort 
                Benning, Georgia, east to Talbot County, Georgia where 
                it would follow Georgia Route 96, then commencing on 
                Georgia Route 49C (Fort Valley Bypass) to Georgia Route 
                49 (Peach Parkway) to its intersection with Interstate 
                route 75 in Byron, Georgia;
                    ``(C) continuing north along Interstate Route 75 
                through Warner Robins and Macon, Georgia where it would 
                meet Interstate Route 16. Following Interstate 16 east 
                it would next join United States Route 80 and then onto 
                State Route 57; and
                    ``(D) commencing with State Route 57 which turns 
                into State Route 24 near Milledgeville, Georgia would 
                then bypass Wrens, Georgia with a newly constructed 
                bypass. After the bypass it would join United States 
                Route 1 near Fort Gordon into Augusta, Georgia where it 
                will terminate at Interstate Route 520.''.
            (6) Louisiana capital region.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991, as 
        amended by this Act, is further amended by adding at the end 
        the following:
            ``(95) The Louisiana Capital Region High Priority Corridor, 
        which shall generally follow--
                    ``(A) Interstate 10, between its intersections with 
                Interstate 12 and Louisiana Highway 415;
                    ``(B) Louisiana Highway 415, between its 
                intersections with Interstate 10 and United States 
                route 190;
                    ``(C) United States route 190, between its 
                intersections with Louisiana Highway 415 and 
                intersection with Interstate 110;
                    ``(D) Interstate 110, between its intersections 
                with United States route 190 and Interstate 10;
                    ``(E) Louisiana Highway 30, near St. Gabriel, LA 
                and its intersections with Interstate 10;
                    ``(F) Louisiana Highway 1, near White Castle, LA 
                and its intersection with Interstate 10; and
                    ``(G) A bridge connecting Louisiana Highway 1 with 
                Louisiana Highway 30, south of the Interstate described 
                in subparagraph (A).''.
    (b) Inclusion of Certain Segments on Interstate System.--Section 
1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act 
of 1991 is amended--
            (1) by inserting ``subclauses (I) through (IX) of 
        subsection (c)(38)(A)(i), subsection (c)(38)(A)(iv),'' after 
        ``subsection (c)(37),'';
            (2) by inserting ``subsection (c)(84),'' after ``subsection 
        (c)(83),''; and
            (3) by striking ``and subsection (c)(90)'' and inserting 
        ``subsection (c)(90), subsection (c)(91), subsection (c)(92), 
        subsection (c)(93), subsection (c)(94), and subsection 
        (c)(95)''.
    (c) Designation.--Section 1105(e)(5)(C) of the Intermodal Surface 
Transportation Efficiency Act of 1991 is amended by striking ``The 
route referred to in subsection (c)(84) is designated as Interstate 
Route I-14.'' and inserting ``The route referred to in subsection 
(c)(84)(A) is designated as Interstate Route I-14 North. The route 
referred to in subsection (c)(84)(B) is designated as Interstate Route 
I-14 South. The Bryan/College Station, Texas loop referred to in 
subsection (c)(84) is designated as Interstate Route I-214. The routes 
referred to in subparagraphs (C), (D), (E), (F), and (G) of subsection 
(c)(84) and in subsections (c)(91), (c)(92), (c)(93), and (c)(94) are 
designated as Interstate Route I-14.''.

SEC. 1622. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.

    The Administrator of the Federal Highway Administration, in 
coordination with the Administrator of the Federal Emergency Management 
Agency, shall review the guidance issued pursuant to section 1228 of 
the Disaster Recovery Reform Act of 2018 (Public Law 115-254), and 
issue guidance regarding repair, restoration, and replacement of 
inundated and submerged roads damaged or destroyed by a major disaster 
declared pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) with respect to roads 
eligible for assistance under Federal Highway Administration programs.

SEC. 1623. DRY BULK WEIGHT TOLERANCE.

    Section 127 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(v) Dry Bulk Weight Tolerance.--
            ``(1) Definition of dry bulk goods.--In this subsection, 
        the term `dry bulk goods' means any homogeneous unmarked 
        nonliquid cargo being transported in a trailer specifically 
        designed for that purpose.
            ``(2) Weight tolerance.--Notwithstanding any other 
        provision of this section, except for the maximum gross vehicle 
        weight limitation, a commercial motor vehicle transporting dry 
        bulk goods may not exceed 110 percent of the maximum weight on 
        any axle or axle group described in subsection (a), including 
        any enforcement tolerance.''.

SEC. 1624. HIGHWAY USE TAX EVASION PROJECTS.

    Section 143(b)(2)(A) of title 23, United States Code, is amended by 
striking ``2016 through 2020'' and inserting ``2023 through 2026''.

SEC. 1625. LABOR STANDARDS.

    It is the policy of the United States that funds authorized or made 
available by this Act, or the amendments made by this Act, should not 
be used to purchase products produced whole or in part through the use 
of child labor, as such term is defined in Article 3 of the 
International Labor Organization Convention concerning the prohibition 
and immediate action for the elimination of the worst forms of child 
labor (December 2, 2000), or in violation of human rights.

SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and every 5 years thereafter, the Comptroller General of 
the United States shall evaluate and issue a report to Congress on the 
economic benefits, including avoided impacts on property and life, of 
the use of model, consensus-based building codes, standards, and 
provisions that support resilience to climate risks and impacts, 
including--
            (1) flooding;
            (2) wildfires;
            (3) hurricanes;
            (4) heat waves;
            (5) droughts;
            (6) rises in sea level; and
            (7) extreme weather.
    (b) Report Issues.--The report required under subsection (a) shall 
include the following:
            (1) An assessment of the status of adoption of building 
        codes, standards, and provisions within the States, 
        territories, and tribes at the State or jurisdictional level; 
        including whether the adopted codes meet or exceed the most 
        recent published edition of a national, consensus-based model 
        code.
            (2) An analysis of the extent to which pre-disaster 
        mitigation measures provide benefits to the nation and 
        individual States, territories and tribes, including--
                    (A) an economic analysis of the benefits to the 
                design and construction of new resilient 
                infrastructure;
                    (B) losses avoided, including economic losses, 
                number of structures (buildings, roads, bridges), and 
                injuries and deaths by utilizing building codes and 
                standards that prioritize resiliency; and
                    (C) an economic analysis of the benefits to using 
                hazard resistant building codes in rebuilding and 
                repairing infrastructure following a disaster.
            (3) An assessment of the building codes and standards 
        referenced or otherwise currently incorporated into Federal 
        policies and programs, including but not limited to grants, 
        incentive programs, technical assistance and design and 
        construction criteria, administered by the Federal Emergency 
        Management Agency (hereinafter referred to as ``FEMA''), 
        including--
                    (A) the extent to which such codes and standards 
                contribute to increasing climate resiliency;
                    (B) recommendations for how FEMA could improve 
                their use of codes and standards to prepare for climate 
                change and address resiliency in housing, public 
                buildings, and infrastructure such as roads and 
                bridges; and
                    (C) how FEMA could increase efforts to support the 
                adoption of hazard resistant codes by the States, 
                territories, and Indian Tribes.
            (4) Recommendations for FEMA on how to better incorporate 
        climate resiliency into efforts to rebuild after natural 
        disasters.

SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOTING RIGHTS HIGHWAY.

    (a) Designation.--The portion of United States Route 80 from Selma, 
Alabama to Montgomery, Alabama shall be known as the ``John R. Lewis 
Voting Rights Highway''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the portion of United 
States Route 80 from Selma, Alabama to Montgomery, Alabama is deemed to 
be a reference to the ``John R. Lewis Voting Rights Highway''.

SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FERRIES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the capital investment needs of United States public 
ferries and how Federal funding programs are meeting such needs.
    (b) Considerations.--In carrying out the study under subsection 
(a), the Comptroller General shall examine the feasibility of including 
United States public ferries in the conditions and performance report 
of the Department of Transportation.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit to Congress 
a report describing the results of the study described in subsection 
(a), including any recommendations for how to include ferries in the 
conditions and performance report of the Department of Transportation.

SEC. 1629. USE OF MODELING AND SIMULATION TECHNOLOGY.

    It is the sense of Congress that the Department of Transportation 
should utilize, to the fullest and most economically feasible extent 
practicable, modeling and simulation technology to analyze highway and 
public transportation projects authorized by this Act and the 
amendments made by this Act to ensure that these projects--
            (1) increase transportation capacity and safety, alleviate 
        congestion, and reduce travel time and environmental impacts; 
        and
            (2) are as cost effective as practicable.

SEC. 1630. GAO STUDY ON PER-MILE USER FEE EQUITY.

    (a) Establishment.--Not later than 2 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall carry out a study on the impact of equity issues associated with 
per-mile user fee funding systems on the surface transportation system.
    (b) Contents.--The study under subsection (a) shall include the 
following with respect to per-mile user fee systems:
            (1) The financial, social, and other impacts of per-mile 
        user fee systems on individuals, low-income individuals, and 
        individuals of different races.
            (2) The impact that access to alternative modes of 
        transportation, including public transportation, has in 
        carrying out per-mile user fee systems.
            (3) The ability to access jobs and services, which may 
        include healthcare facilities, child care, education and 
        workforce training, food sources, banking and other financial 
        institutions, and other retail shopping establishments.
            (4) Equity issues for low-income individuals in urban and 
        rural areas.
            (5) Any differing impacts on passenger vehicles and 
        commercial vehicles.
    (c) Inclusions.--In carrying out the study under subsection (a), 
the Comptroller General shall include an analysis of the following 
programs:
            (1) The State surface transportation system funding pilot 
        program under section 6020 of the FAST Act; and
            (2) The national surface transportation system funding 
        pilot under section 5402 of this Act.
    (d) Report.--Not later than 2 years after the date of the enactment 
after this Act, the Comptroller General shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate, and 
make publicly available, a report containing the results of the study 
under subsection (a), including recommendations for how to equitably 
implement per-mile user fee systems.
    (e) Definitions.--
            (1) Per-mile user fee.--The term ``per-mile user fee'' 
        means a revenue mechanism that--
                    (A) is applied to road users operating motor 
                vehicles on the surface transportation system; and
                    (B) is based on the number of vehicle miles 
                traveled by an individual road user.
            (2) Commercial vehicle.--The term ``commercial vehicle'' 
        has the meaning given the term commercial motor vehicle in 
        section 31101 of title 49, United States Code.

SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT STATE DOTS.

    (a) Review Required.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall undertake a review 
of the extent to which State departments of transportation have in 
place best practices, standards, and protocols designed to ensure 
equity considerations in transportation planning, project selection, 
and project delivery, including considerations of the diverse 
transportation needs of low-income populations, minority populations, 
and other diverse populations.
    (b) Evaluation.--After the completion of the review under 
subsection (a), the Comptroller General shall issue and make available 
on a publicly accessible Website a report detailing--
            (1) findings based on the review in subsection (a);
            (2) a comprehensive set of recommendations for State 
        departments of transportation to improve equity considerations, 
        which may include model legislation, best practices, or 
        guidance; and
            (3) any recommendations to Congress for additional 
        statutory authority needed to support State department of 
        transportation efforts to incorporate equity considerations 
        into transportation planning, project selection, and project 
        delivery.
    (c) Report.--After completing the review and evaluation required 
under subsections (a) and (b), and not later than 2 years after the 
date of enactment of this Act, the Comptroller General shall make 
available on a publicly accessible Website, a report that includes--
            (1) findings based on the review conducted under subsection 
        (a);
            (2) the outcome of the evaluation conducted under 
        subsection (b);
            (3) a comprehensive set of recommendations to improve 
        equity considerations in the public transportation industry, 
        including recommendations for statutory changes if applicable; 
        and
            (4) the actions that the Secretary of Transportation could 
        take to effectively address the recommendations provided under 
        paragraph (3).

SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION NETS AND 
              BARRIERS FOR STRUCTURES OTHER THAN BRIDGES.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study to identify--
            (1) the types of structures, other than bridges, that 
        attract a high number of individuals attempting suicide-by-
        jumping;
            (2) the characteristics that distinguish structures 
        identified under paragraph (1) from similar structures that do 
        not attract a high number of individuals attempting suicide-by-
        jumping;
            (3) the types of nets or barriers that are effective at 
        reducing suicide-by-jumping with respect to the structures 
        identified under paragraph (1);
            (4) methods of reducing suicide-by-jumping with respect to 
        the structures identified under paragraph (1) other than nets 
        and barriers;
            (5) quantitative measures of the effectiveness of the nets 
        and barriers identified under paragraph (3);
            (6) quantitative measures of the effectiveness of the 
        additional methods identified under paragraph (4);
            (7) the entities that typically install the nets and 
        barriers identified under paragraph (3); and
            (8) the costs of the nets and barriers identified under 
        paragraph (3).
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study conducted under subsection (a).

SEC. 1633. REPEAL OF PILOT PROGRAM.

    Section 325 of title 23, United States Code, is repealed.

SEC. 1634. TECHNICAL CORRECTIONS.

    (a) In General.-- Title 23, United States Code, is amended as 
follows:
            (1) Name correction.--Section 101(a)(16)(C),as amended, is 
        amended by striking ``United States Customs and Immigration 
        Services'' and inserting `` U.S. Customs and Border 
        Protection''.
            (2) Transfer of funds.--Section 104(f)(3) is amended--
                    (A) in subparagraph (A), by striking ``the Federal 
                Highway Administration'' and inserting ``an operating 
                administration of the Department of Transportation''; 
                and
                    (B) in the paragraph heading, by striking ``Federal 
                Highway Administration'' and inserting ``an operating 
                administration of the Department of Transportation''.
            (3) Terms and conditions.--Section 108(c)(3)(F) is 
        amended--
                    (A) by inserting ``of 1969 (42 U.S.C. 4321 et 
                seq.)'' after ``Policy Act''; and
                    (B) by striking ``this Act'' and inserting ``this 
                title''.
            (4) Exclusion.--Section 112(b)(2) is amended in 
        subparagraph (F) by striking ``(F)'' and all that follows 
        through ``Subparagraphs'' and inserting ``(f) Subparagraphs''.
            (5) Reference to statewide transportation improvement 
        program.--Section 115(c) is amended by striking ``135(f)'' and 
        inserting ``135(g)''.
            (6) Opportunity for comment.--Section 134(j) is amended by 
        striking ``subsection (i)(5)'' both places it appears and 
        inserting ``subsection (i)(6)''.
            (7) Performance-based approach.--Section 135(f)(7)(B) is 
        amended by striking the semicolon at the end and inserting a 
        period.
            (8) Efficient environmental reviews for project 
        decisionmaking.--Section 139 is amended--
                    (A) in subsection (b)(1) by inserting ``(42 U.S.C. 
                4321 et seq.)'' after ``of 1969'';
                    (B) in subsection (c) by inserting ``(42 U.S.C. 
                4321 et seq.)'' after ``of 1969'' each place it 
                appears; and
                    (C) in subsection (k)(2) by inserting ``(42 U.S.C. 
                4321 et seq.)'' after ``of 1969''.
            (9) Nondiscrimination.--Section 140(a) is amended, in the 
        third sentence, by inserting a comma after ``Secretary''.
            (10) Public transportation.--Section 142 is amended by 
        striking subsection (i).
            (11) Congestion mitigation and air quality improvement 
        program.--Section 149 is amended--
                    (A) in subsection (b)(1)(A)(ii) by striking ``; 
                or,'' and inserting ``; or''; and
                    (B) in subsection (g)(2)(B) by striking the 
                semicolon at the end and inserting ``; and''.
            (12) Tribal transportation program data collection.--
        Section 201(c)(6)(A)(ii) is amended by striking ``(25 U.S.C. 
        450 et seq.)'' and inserting ``(25 U.S.C. 5301 et seq.)''.
            (13) Tribal transportation program.--Section 202 is 
        amended--
                    (A) by striking ``(25 U.S.C. 450 et seq.)'' each 
                place it appears and inserting ``(25 U.S.C. 5301 et 
                seq.)'';
                    (B) in subsection (a)(10)(B) by striking ``(25 
                U.S.C. 450e(b))'' and inserting ``(25 U.S.C. 
                5307(b))''; and
                    (C) in subsection (b)--
                            (i) in paragraph (5) in the matter 
                        preceding subparagraph (A) by inserting ``the'' 
                        after ``agreement under''; and
                            (ii) in paragraph (6)(A) by inserting 
                        ``the'' after ``in accordance with''.
            (14) Permissible uses of recreational trails program 
        apportioned funds.--Section 206(d)(2)(G) is amended by striking 
        ``use of recreational trails'' and inserting ``uses of 
        recreational trails''.
            (15) Tribal transportation self-governance program.--
        Section 207 is amended--
                    (A) in subsection (g)--
                            (i) by striking ``(25 U.S.C. 450j-1)'' and 
                        inserting ``(25 U.S.C. 5325)''; and
                            (ii) by striking ``(25 U.S.C. 450j-1(f))'' 
                        and inserting ``(25 U.S.C. 5325(f))'';
                    (B) in subsection (l)--
                            (i) in paragraph (1), by striking ``(25 
                        U.S.C. 458aaa-5)'' and inserting ``(25 U.S.C. 
                        5386)'';
                            (ii) in paragraph (2), by striking ``(25 
                        U.S.C. 458aaa-6)'' and inserting ``(25 U.S.C. 
                        5387)'';
                            (iii) in paragraph (3), by striking ``(25 
                        U.S.C. 458aaa-7)'' and inserting ``(25 U.S.C. 
                        5388)'';
                            (iv) in paragraph (4), by striking ``(25 
                        U.S.C. 458aaa-9)'' and inserting ``(25 U.S.C. 
                        5390)'';
                            (v) in paragraph (5), by striking ``(25 
                        U.S.C. 458aaa-10)'' and inserting ``(25 U.S.C. 
                        5391)'';
                            (vi) in paragraph (6), by striking ``(25 
                        U.S.C. 458aaa-11)'' and inserting ``(25 U.S.C. 
                        5392)'';
                            (vii) in paragraph (7), by striking ``(25 
                        U.S.C. 458aaa-14)'' and inserting ``(25 U.S.C. 
                        5395)'';
                            (viii) in paragraph (8), by striking ``(25 
                        U.S.C. 458aaa-15)'' and inserting ``(25 U.S.C. 
                        5396)''; and
                            (ix) in paragraph (9), by striking ``(25 
                        U.S.C. 458aaa-17)'' and inserting ``(25 U.S.C. 
                        5398)''; and
                    (C) in subsection (m)(2)--
                            (i) by striking ``505'' and inserting 
                        ``501''; and
                            (ii) by striking ``(25 U.S.C. 450b; 
                        458aaa)'' and inserting ``(25 U.S.C. 5304; 
                        5381)''.
            (16) Buy america.--Section 313 is amended--
                    (A) in subsection (e)(2) by striking ``States;'' 
                and inserting ``States,''; and
                    (B) in subsection (f)(1) by striking ``, and'' and 
                inserting ``; and''.
            (17) Procedures for a gift or donation.--Section 323(d) is 
        amended in the matter preceding paragraph (1) by inserting 
        ``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
            (18) Highway safety programs.--Section 402(b)(1)(E) is 
        amended by striking the semicolon at the end and inserting ``; 
        and''.
            (19) Use of freight capacity building program funds.--
        Section 504(g)(6) is amended by striking ``make grants or to'' 
        and inserting ``make grants to''.
            (20) Development phase activities.--Section 602(e) is 
        amended by striking ``601(a)(1)(A)'' and inserting 
        ``601(a)(2)(A)''.
    (b) Clerical Amendments.--
            (1) In general.--The table of contents for title 23, United 
        States Code, is amended in the item relating to chapter 1 by 
        striking ``FEDERAL AID HIGHWAYS'' and inserting ``FEDERAL-AID 
        HIGHWAYS''.
            (2) Chapter 3.--The analysis for chapter 3 of title 23, 
        United States Code, is amended by striking the item relating to 
        section 325.

                    TITLE II--PUBLIC TRANSPORTATION

               Subtitle A--Federal Transit Administration

SEC. 2101. AUTHORIZATIONS.

    (a) In General.--Section 5338 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5338. Authorizations
    ``(a) Grants.--
            ``(1) In general.--There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out sections 
        5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328, 
        5335, 5337, 5339, and 5340--
                    ``(A) $17,894,460,367 for fiscal year 2023;
                    ``(B) $18,201,940,770 for fiscal year 2024;
                    ``(C) $18,551,676,708 for fiscal year 2025; and
                    ``(D) $18,901,573,693 for fiscal year 2026.
            ``(2) Allocation of funds.--Of the amounts made available 
        under paragraph (1)--
                    ``(A) $189,879,151 for fiscal year 2023, 
                $192,841,266 for fiscal year 2024, $195,926,726 for 
                fiscal year 2025, and $199,002,776 for fiscal year 
                2026, shall be available to carry out section 5305;
                    ``(B) $7,505,830,848 for fiscal year 2023, 
                $7,622,921,809 for fiscal year 2024, $7,744,888,558 for 
                fiscal year 2025, and $7,866,483,309 for fiscal year 
                2026 shall be allocated in accordance with section 5336 
                to provide financial assistance for urbanized areas 
                under section 5307;
                    ``(C) $101,510,000 for fiscal year 2023, 
                $103,093,556 for fiscal year 2024, $104,743,053 for 
                fiscal year 2025, and $106,387,519 for fiscal year 2026 
                shall be available for grants under section 5308;
                    ``(D) $434,830,298 for fiscal year 2023, 
                $441,613,651 for fiscal year 2024, $448,679,469 for 
                fiscal year 2025, and $455,723,737 for fiscal year 2026 
                shall be available to carry out section 5310, of which 
                not less than--
                            ``(i) $5,075,500 for fiscal year 2023, 
                        $5,154,678 for fiscal year 2024, $5,237,153 for 
                        fiscal year 2025, and $5,319,376 for fiscal 
                        year 2026 shall be available to carry out 
                        section 5310(j); and
                            ``(ii) $20,302,000 for fiscal year 2023, 
                        $20,618,711 for fiscal year 2024, $20,948,611 
                        for fiscal year 2025, and $21,277,504 for 
                        fiscal year 2026 shall be available to carry 
                        out section 5310(k);
                    ``(E) $1,025,199,724 for fiscal year 2023, 
                $1,041,192,839 for fiscal year 2024, $1,057,851,925 for 
                fiscal year 2025, and $1,074,460,200 for fiscal year 
                2026 shall be available to carry out section 5311, of 
                which not less than--
                            ``(i) $55,679,500 for fiscal year 2023, 
                        $56,392,100 for fiscal year 2024, $57,134,374 
                        for fiscal year 2025, and $57,874,383 for 
                        fiscal year 2026 shall be available to carry 
                        out section 5311(c)(1); and
                            ``(ii) $50,755,000 for fiscal year 2023, 
                        $51,546,778 for fiscal year 2024, $52,371,526 
                        for fiscal year 2025, and $53,193,759 for 
                        fiscal year 2026 shall be available to carry 
                        out section 5311(c)(2);
                    ``(F) $53,498,300 for fiscal year 2023; $54,020,873 
                for fiscal year 2024; $54,565,207 for fiscal year 2025; 
                $55,107,881 for fiscal year 2026 shall be available to 
                carry out section 5312, of which not less than--
                            ``(i) $5,075,500 for fiscal year 2023, 
                        $5,154,678 for fiscal year 2024, $5,237,153 for 
                        fiscal year 2025, and $5,319,376 for fiscal 
                        year 2026 shall be available to carry out each 
                        of sections 5312(d)(3) and 5312(d)(4);
                            ``(ii) $3,045,300 for fiscal year 2023, 
                        $3,092,807 for fiscal year 2024, $3,142,292 for 
                        fiscal year 2025, and $3,191,626 for fiscal 
                        year 2026 shall be available to carry out 
                        section 5312(h);
                            ``(iii) $10,151,000 for fiscal year 2023, 
                        $10,309,356 for fiscal year 2024, $10,474,305 
                        for fiscal year 2025, and $10,638,752 for 
                        fiscal year 2026 shall be available to carry 
                        out section 5312(i); and
                            ``(iv) $10,075,500 for fiscal year 2023, 
                        $10,154,678 for fiscal year 2024, $10,237,153 
                        for fiscal year 2025, and $10,319,376 shall be 
                        available to carry out section 5312(j);
                    ``(G) $23,347,300 for fiscal year 2023, $23,711,518 
                for fiscal year 2024, $24,090,902 for fiscal year 2025, 
                and $24,469,129 for fiscal year 2026 shall be available 
                to carry out section 5314, of which not less than--
                            ``(i) $4,060,400 for fiscal year 2023, 
                        $4,123,742 for fiscal year 2024, $4,189,722 for 
                        fiscal year 2025, and $4,255,501 for fiscal 
                        year 2026 shall be available to carry out 
                        section of 5314(a);
                            ``(ii) $5,075,500 for fiscal year 2023, 
                        $5,154,678 for fiscal year 2024, $5,237,153 for 
                        fiscal year 2025, and $5,319,376 for fiscal 
                        year 2026 shall be available to carry out 
                        section 5314(c); and
                            ``(iii) $12,181,200 for fiscal year 2023, 
                        $12,371,227 for fiscal year 2024, $12,569,166 
                        for fiscal year 2025, and $12,766,502 for 
                        fiscal year 2026 shall be available to carry 
                        out section 5314(b)(2);
                    ``(H) $5,075,500 for fiscal year 2023, $5,154,678 
                for fiscal year 2024, $5,237,153 for fiscal year 2025, 
                and $5,319,376 for fiscal year 2026 shall be available 
                to carry out section 5318;
                    ``(I) $30,453,000 for fiscal year 2023, $30,928,067 
                for fiscal year 2024, $31,422,916 for fiscal year 2025, 
                and $31,916,256 for fiscal year 2026 shall be available 
                to carry out section 5328, of which not less than--
                            ``(i) $25,377,500 for fiscal year 2023, 
                        $25,773,389 for fiscal year 2024, $26,185,763 
                        for fiscal year 2025, and $26,596,880 for 
                        fiscal year 2026 shall be available to carry 
                        out section of 5328(b); and
                            ``(ii) $2,537,750 for fiscal year 2023, 
                        $2,577,339 for fiscal year 2024, $2,618,576 for 
                        fiscal year 2025, and $2,659,688 for fiscal 
                        year 2026 shall be available to carry out 
                        section 5328(c);
                    ``(J) $4,060,400 for fiscal year 2023, $4,123,742 
                for fiscal year 2024, $4,189,722 for fiscal year 2025, 
                and $4,255,501 for fiscal year 2026 shall be available 
                to carry out section 5335;
                    ``(K) $5,366,233,728 for fiscal year 2023, 
                $5,460,789,084 for fiscal year 2024, $5,560,170,578 for 
                fiscal year 2025, and $5,660,288,417 for fiscal year 
                2026 shall be available to carry out section 5337;
                    ``(L) to carry out the bus formula program under 
                section 5339(a)--
                            ``(i) $1,240,328,213 for fiscal year 2023, 
                        $1,259,667,334 for fiscal year 2024, 
                        $1,279,832,171 for fiscal year 2025, and 
                        $1,299,925,536 for fiscal year 2026; except 
                        that
                            ``(ii) 15 percent of the amounts under 
                        clause (i) shall be available to carry out 
                        5339(d);
                    ``(M) $437,080,000 for fiscal year 2023, 
                $424,748,448 for fiscal year 2024, $387,944,423 for 
                fiscal year 2025, and $351,100,151 for fiscal year 2026 
                shall be available to carry out section 5339(b);
                    ``(N) $890,000,000 for fiscal year 2023, 
                $950,000,000 for fiscal year 2024, $1,065,000,000 for 
                fiscal year 2025, and $1,180,000,000 for fiscal year 
                2026 shall be available to carry out section 5339(c); 
                and
                    ``(O) $587,133,905 for each of fiscal years 2023 
                through 2026 shall be available to carry out section 
                5340 to provide financial assistance for urbanized 
                areas under section 5307 and rural areas under section 
                5311, of which--
                            ``(i) $309,688,908 for each of fiscal years 
                        2023 through 2026 shall be for growing States 
                        under section 5340(c); and
                            ``(ii) $277,444,997 for each of fiscal 
                        years 2023 through 2026 shall be for high 
                        density States under section 5340(d).
    ``(b) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309 $3,500,000,000 for fiscal year 
2023, $4,250,000,000 for fiscal year 2024, $5,000,000,000 for fiscal 
year 2025, and 5,500,000,000 for fiscal year 2026.
    ``(c) Administration.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out section 5334, $142,060,785 for fiscal year 2023, 
        $144,191,696 for fiscal year 2024, $146,412,248 for fiscal year 
        2025, and 148,652,356 for fiscal year 2026.
            ``(2) Section 5329.--Of the amounts authorized to be 
        appropriated under paragraph (1), not less than $6,000,000 for 
        each of fiscal years 2023 through 2026 shall be available to 
        carry out section 5329.
            ``(3) Section 5326.--Of the amounts made available under 
        paragraph (2), not less than $2,500,000 for each of fiscal 
        years 2023 through 2026 shall be available to carry out section 
        5326.
    ``(d) Oversight.--
            ``(1) In general.--Of the amounts made available to carry 
        out this chapter for a fiscal year, the Secretary may use not 
        more than the following amounts for the activities described in 
        paragraph (2):
                    ``(A) 0.5 percent of amounts made available to 
                carry out section 5305.
                    ``(B) 0.75 percent of amounts made available to 
                carry out section 5307.
                    ``(C) 1 percent of amounts made available to carry 
                out section 5309.
                    ``(D) 1 percent of amounts made available to carry 
                out section 601 of the Passenger Rail Investment and 
                Improvement Act of 2008 (Public Law 110-432; 126 Stat. 
                4968).
                    ``(E) 0.5 percent of amounts made available to 
                carry out section 5310.
                    ``(F) 0.5 percent of amounts made available to 
                carry out section 5311.
                    ``(G) 1 percent of amounts made available to carry 
                out section 5337, of which not less than 25 percent of 
                such amounts shall be available to carry out section 
                5329 and of which not less than 10 percent of such 
                amounts shall be made available to carry out section 
                5320.
                    ``(H) 1 percent of amounts made available to carry 
                out section 5339 of which not less than 10 percent of 
                such amounts shall be made available to carry out 
                section 5320.
                    ``(I) 1 percent of amounts made available to carry 
                out section 5308.
            ``(2) Activities.--The activities described in this 
        paragraph are as follows:
                    ``(A) Activities to oversee the construction of a 
                major capital project.
                    ``(B) Activities to review and audit the safety and 
                security, procurement, management, and financial 
                compliance of a recipient or subrecipient of funds 
                under this chapter.
                    ``(C) Activities to provide technical assistance 
                generally, and to provide technical assistance to 
                correct deficiencies identified in compliance reviews 
                and audits carried out under this section.
            ``(3) Government share of costs.--The Government shall pay 
        the entire cost of carrying out a contract under this 
        subsection/activities described in paragraph (2).
            ``(4) Availability of certain funds.--Funds made available 
        under paragraph (1)(C) shall be made available to the Secretary 
        before allocating the funds appropriated to carry out any 
        project under a full funding grant agreement.
    ``(e) Grants as Contractual Obligations.--
            ``(1) Grants financed from highway trust fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts made available from the Mass Transit Account of the 
        Highway Trust Fund pursuant to this section is a contractual 
        obligation of the Government to pay the Government share of the 
        cost of the project.
            ``(2) Grants financed from general fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts from future appropriations from the general fund of the 
        Treasury pursuant to this section is a contractual obligation 
        of the Government to pay the Government share of the cost of 
        the project only to the extent that amounts are appropriated 
        for such purpose by an Act of Congress.
    ``(f) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until expended.
    ``(g) Limitation on Financial Assistance for State-Owned 
Enterprises.--
            ``(1) In general.--Funds provided under this section may 
        not be used in awarding a contract, subcontract, grant, or loan 
        to an entity that is owned or controlled by, is a subsidiary 
        of, or is otherwise related legally or financially to a 
        corporation based in a country that--
                    ``(A) is identified as a nonmarket economy country 
                (as defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of enactment 
                of the INVEST in America Act;
                    ``(B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                    ``(C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
            ``(2) Exception.--For purposes of paragraph (1), the term 
        `otherwise related legally or financially' does not include a 
        minority relationship or investment.
            ``(3) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under international agreements.''.
    (b) Conforming Amendments.--
            (1) Section 5311 of title 49, United States Code, is 
        amended by striking ``5338(a)(2)(F)'' and inserting 
        ``5338(a)(2)(E)''.
            (2) Section 5312(i)(1) of title 49, United States Code, is 
        amended by striking ``5338(a)(2)(G)(ii)'' and inserting 
        ``5338(a)(2)(F)(iii)''.
            (3) Section 5333(b) of title 49, United States Code, is 
        amended by striking ``5328, 5337, and 5338(b)'' each place it 
        appears and inserting ``and 5337''.
            (4) Section 5336 of title 49, United States Code, is 
        amended--
                    (A) in subsection (d)(1) by striking 
                ``5338(a)(2)(C)'' and inserting ``5338(a)(2)(B)''; and
                    (B) in subsection (h) by striking ``5338(a)(2)(C)'' 
                and inserting ``5338(a)(2)(B)''.
            (5) Subsections (c) and (d)(1) of section 5327 of title 49, 
        United States Code, are amended by striking ``5338(f)'' and 
        inserting ``5338(d)''.
            (6) Section 5340(b) of title 49, United States Code, is 
        amended by striking ``5338(b)(2)(N)'' and inserting 
        ``5338(a)(2)(O)''.

SEC. 2102. CHAPTER 53 DEFINITIONS.

    Section 5302 of title 49, United States Code, is amended--
            (1) in paragraph (1)(E)--
                    (A) by striking ``and the installation'' and 
                inserting ``, the installation''; and
                    (B) by inserting ``, charging stations and docks 
                for electric micromobility devices, and bikeshare 
                projects'' after ``public transportation vehicles'';
            (2) in paragraph (3)--
                    (A) in subparagraph (G) by striking clause (iii) 
                and inserting the following:
                            ``(iii) provides a fair share of revenue 
                        established by the Secretary that will be used 
                        for public transportation, except for a joint 
                        development that is a community service (as 
                        defined by the Federal Transit Administration), 
                        publicly operated facility, or offers a minimum 
                        of 50 percent of units as affordable housing, 
                        meaning legally binding affordability 
                        restricted housing units available to tenants 
                        with incomes below 60 percent of the area 
                        median income or owners with incomes below the 
                        area median;''; and
                    (B) in subparagraph (N)--
                            (i) by striking ``no emission'' and 
                        inserting ``zero emission''; and
                            (ii) by striking ``(as defined in section 
                        5339(c))''; and
            (3) by adding at the end the following:
            ``(25) Resilience.--
                    ``(A) In general.--The term `resilience' means, 
                with respect to a facility, the ability to--
                            ``(i) anticipate, prepare for, or adapt to 
                        conditions; or
                            ``(ii) withstand, respond to, or recover 
                        rapidly from disruptions.
                    ``(B) Inclusions.--Such term includes, with respect 
                to a facility, the ability to--
                            ``(i) resist hazards or withstand impacts 
                        from disruptions;
                            ``(ii) reduce the magnitude, duration, or 
                        impact of a disruption; or
                            ``(iii) have the absorptive capacity, 
                        adaptive capacity, and recoverability to 
                        decrease vulnerability to a disruption.
            ``(26) Assault on a transit worker.--The term `assault on a 
        transit worker' means any circumstance in which an individual 
        knowingly, without lawful authority or permission, and with 
        intent to endanger the safety of any individual, or with a 
        reckless disregard for the safety of human life, interferes 
        with, disables, or incapacitates any transit worker while the 
        transit worker is performing his or her duties.''.

SEC. 2103. GENERAL PROVISIONS.

    Section 5323 of title 49, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1) by striking ``urban area'' and 
                inserting ``urbanized area'';
                    (B) by adding at the end the following:
            ``(3) Exceptions.--This subsection shall not apply to 
        financial assistance under this chapter--
                    ``(A) in which the non-Federal share of project 
                costs are provided from amounts received under a 
                service agreement with a State or local social service 
                agency or private social service organization pursuant 
                to section 5307(d)(3)(E) or section 5311(g)(3)(C);
                    ``(B) provided to a recipient or subrecipient whose 
                sole receipt of such assistance derives from section 
                5310; or
                    ``(C) provided to a recipient operating a fixed 
                route service that is--
                            ``(i) for a period of less than 30 days;
                            ``(ii) accessible to the public;
                            ``(iii) contracted by a local government 
                        entity that provides local cost share to the 
                        recipient; and
                            ``(iv) not contracted for the purposes of a 
                        convention or on behalf of a convention and 
                        visitors bureau.
            ``(4) Guidelines.--The Secretary shall publish guidelines 
        for grant recipients and private bus operators that clarify 
        when and how a transit agency may provide the service in the 
        event a registered charter provider does not contact the 
        customer, provide a quote, or provide the service.'';
            (2) in subsection (h)--
                    (A) in paragraph (1) by adding ``or'' at the end; 
                and
                    (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2);
            (3) by striking subsection (j) and inserting the following:
    ``(j) Reporting Accessibility Complaints.--
            ``(1) In general.--The Secretary shall ensure that an 
        individual who believes that he or she, or a specific class in 
        which the individual belongs, has been subjected to 
        discrimination on the basis of disability by a State or local 
        governmental entity, private nonprofit organization, or Tribe 
        that operates a public transportation service and is a 
        recipient or subrecipient of funds under this chapter, may, by 
        the individual or by an authorized representative, file a 
        complaint with the Department of Transportation.
            ``(2) Procedures.--Not later than 1 year after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        implement procedures that allow an individual to submit a 
        complaint described in paragraph (1) by phone, mail-in form, 
        and online through the website of the Office of Civil Rights of 
        the Federal Transit Administration.
            ``(3) Notice to individuals with disabilities.--Not later 
        than 12 months after the date of enactment of the INVEST in 
        America Act, the Secretary shall require that each public 
        transit provider and contractor providing paratransit services 
        shall include on a publicly available website of the service 
        provider, any related mobile device application, and online 
        service--
                    ``(A) notice that an individual can file a 
                disability-related complaint with the local transit 
                agency and the process and any timelines for filing 
                such a complaint;
                    ``(B) the telephone number, or a comparable 
                electronic means of communication, for the disability 
                assistance hotline of the Office of Civil Rights of the 
                Federal Transit Administration;
                    ``(C) notice that a consumer can file a disability 
                related complaint with the Office of Civil Rights of 
                the Federal Transit Administration; and
                    ``(D) an active link to the website of the Office 
                of Civil Rights of the Federal Transit Administration 
                for an individual to file a disability-related 
                complaint.
            ``(4) Investigation of complaints.--Not later than 60 days 
        after the last day of each fiscal year, the Secretary shall 
        publish a report that lists the disposition of complaints 
        described in paragraph (1), including--
                    ``(A) the number and type of complaints filed with 
                Department of Transportation;
                    ``(B) the number of complaints investigated by the 
                Department;
                    ``(C) the result of the complaints that were 
                investigated by the Department including whether the 
                complaint was resolved--
                            ``(i) informally;
                            ``(ii) by issuing a violation through a 
                        noncompliance Letter of Findings; or
                            ``(iii) by other means, which shall be 
                        described; and
                    ``(D) if a violation was issued for a complaint, 
                whether the Department resolved the noncompliance by--
                            ``(i) reaching a voluntary compliance 
                        agreement with the entity;
                            ``(ii) referring the matter to the Attorney 
                        General; or
                            ``(iii) by other means, which shall be 
                        described.
            ``(5) Report.--The Secretary shall, upon implementation of 
        this section and annually thereafter, submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives, the Committee on Banking, Housing, and Urban 
        Affairs of the Senate, and make publicly available a report 
        containing the information collected under this section.'';
            (4) by striking subsection (m) and inserting the following:
    ``(m) Preaward and Postdelivery Review of Rolling Stock 
Purchases.--The Secretary shall prescribe regulations requiring a 
preaward and postdelivery review of a grant under this chapter to buy 
rolling stock to ensure compliance with bid specifications requirements 
of grant recipients under this chapter. Under this subsection, grantee 
inspections and review are required, and a manufacturer certification 
is not sufficient.''; and
            (5) by amending subsection (r) to read as follows:
    ``(r) Reasonable Access to Public Transportation Facilities.--
            ``(1) In general.--A recipient of assistance under this 
        chapter--
                    ``(A) may not deny reasonable access for a private 
                intercity or charter transportation operator to 
                federally funded public transportation facilities, 
                including intermodal facilities, park and ride lots, 
                and bus-only highway lanes; and
                    ``(B) shall respond to any request for reasonable 
                access within 75 days of the receipt of the request 
                and, if a recipient of assistance under this chapter 
                denies access to a private intercity or charter 
                transportation operator based on the reasonable access 
                standards, provide, in writing, the reasons for the 
                denial.
            ``(2) Determining reasonable access.--In determining 
        reasonable access under paragraph (1)(A), capacity requirements 
        of the recipient of assistance and the extent to which access 
        would be detrimental or beneficial to existing public 
        transportation services must be considered and demographic 
        makeup of the riders of a private intercity or charter 
        transportation operator may not be cited as a detriment to the 
        provision of access.
            ``(3) Notification.--If a private intercity or charter 
        transportation operator requesting access under this subsection 
        is denied such access by a recipient of assistance under this 
        chapter or does not receive a written response within 75 days 
        of submitting the request, such operator may notify the 
        Secretary for purposes of inclusion in the report under 
        paragraph (4).
            ``(4) Report to congress.--The Secretary shall annually 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate a report listing each 
        instance reported under paragraph (3) in which--
                    ``(A) a private intercity or charter transportation 
                operator requested reasonable access and was denied, 
                and the reasons provided by the recipient of assistance 
                under this chapter for the denial; and
                    ``(B) a recipient of assistance under this chapter 
                did not respond to a request for reasonable access 
                within 75 days.''.

SEC. 2104. MISCELLANEOUS PROVISIONS.

    (a) State of Good Repair Grants.--Section 5337(e) of title 49, 
United States Code, is amended by adding at the end the following:
            ``(3) Accessibility costs.--Notwithstanding paragraph (1), 
        the Federal share of the net project cost of a project to 
        provide accessibility improvements consistent with standards in 
        compliance with the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.) shall be 90 percent.''.
    (b) Apportionments Based on Growing States and High Density States 
Formula Factors.--Section 5340(a) of title 49, United States Code, is 
amended by inserting ``and the District of Columbia'' after ``United 
States''.
    (c) Technical Assistance and Workforce Development.--Section 5314 
of title 49, United States Code, is amended--
            (1) in subsection (a)(1)(B)--
                    (A) in clause (i) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (ii) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) technical assistance to assist 
                        recipients with the impacts of a new census 
                        count.'';
            (2) in subsection (b)(1)(B) by striking ``females'' and 
        inserting ``women''; and
            (3) in subsection (c)(4)(A) by inserting ``, and not more 
        than 2 percent of amounts under 5311'' after ``5339''.
    (d) National Transit Database.--Section 5335 of title 49, United 
States Code, is amended--
            (1) in subsection (a) by inserting ``, including 
        information on transit routes and ridership on those routes'' 
        after ``public sector investment decision''; and
            (2) in subsection (c) by inserting ``, any data on each 
        assault on a transit worker, and pedestrian injuries and 
        fatalities as a result of an impact with a bus. Each of the 
        data sets shall be publicly reported without aggregating the 
        data with other safety data'' after ``by the recipient''.
    (e) Urbanized Area Formula Grants.--Section 5307 of title 49, 
United States Code, is amended--
            (1) in subsection (a)(2)(A)--
                    (A) in clause (i) by striking ``or'' at the end; 
                and
                    (B) by adding at the end the following:
                            ``(iii) operate a minimum of 101 buses and 
                        a maximum of 125 buses in fixed route service 
                        or demand response service, excluding ADA 
                        complementary paratransit service, during peak 
                        service hours, in an amount not to exceed 25 
                        percent of the share of the apportionment which 
                        is attributable to such systems within the 
                        urbanized area, as measured by vehicle revenue 
                        hours; or'';
            (2) in subsection (a)(2)(B)--
                    (A) in clause (i) by striking ``or'' at the end;
                    (B) in clause (ii) by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) operate a minimum of 101 buses and 
                        a maximum of 125 buses in fixed route service 
                        or demand response service, excluding ADA 
                        complementary paratransit service, during peak 
                        service hours, in an amount not to exceed 25 
                        percent of the share of the apportionment 
                        allocated to such systems within the urbanized 
                        area, as determined by the local planning 
                        process and included in the designated 
                        recipient's final program of projects prepared 
                        under subsection (b).''; and
            (3) in subsection (b)--
                    (A) in paragraph (6) by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) ensure that the proposed program of projects provides 
        improved access to transit for the individuals described in 
        section 5336(j); and''.
    (f) Technical Correction.--Section 5307(a)(2)(B)(ii) of title 49, 
United States Code, is amended by striking ``service during peak'' and 
inserting ``service, during peak''.
    (g) Transportation Development Credits as Local Match.--
            (1) Section 5307.--Section 5307(d)(3) of title 49, United 
        States Code, is amended--
                    (A) in subparagraph (D) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(F) transportation development credits.''.
            (2) Section 5309.--Section 5309 of title 49, United States 
        Code, is amended--
                    (A) in subsection (f) by adding at the end the 
                following:
            ``(3) Transportation development credits.--For purposes of 
        assessments and determinations under this subsection or 
        subsection (h), transportation development credits that are 
        included as a source of local financing or match shall be 
        treated the same as other sources of local financing.''; and
                    (B) in subsection (l)(4)--
                            (i) in subparagraph (B) by striking ``; 
                        or'' and inserting a semicolon;
                            (ii) in subparagraph (C) by striking the 
                        period and inserting a semicolon; and
                            (iii) by adding at the end the following:
                    ``(D) transportation development credits; or''.
            (3) Section 5339.--Section 5339(a)(7)(B) of title 49, 
        United States Code, is amended--
                    (A) in clause (iv) by striking ``; or'' and 
                inserting a semicolon;
                    (B) in clause (v) by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(vi) transportation development 
                        credits.''.
    (h) Clarification of Incidental Use.--Section 5310(b)(7) of title 
49, United States Code, is amended--
            (1) in the header by inserting ``and incidental use'' after 
        ``individuals'';
            (2) by inserting ``or providing other incidental services'' 
        after ``individuals''; and
            (3) by striking ``delivery service does not conflict'' and 
        inserting ``service does not conflict''.

SEC. 2105. POLICIES AND PURPOSES.

    Section 5301(b) of title 49, United States Code, is amended--
            (1) in paragraph (7) by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (8) by striking the period and inserting a 
        semicolon; and
            (3) by adding at the end the following:
            ``(9) reduce the contributions of the surface 
        transportation system to the total carbon pollution of the 
        United States; and
            ``(10) improve the resiliency of the public transportation 
        network to withstand weather events and other natural 
        disasters.''.

SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS.

    For fiscal years 2022 and 2023, the Secretary of Transportation 
shall apportion and distribute formula funds provided for under chapter 
53 of title 49, United States Code, using data submitted to the 2019 
National Transit Database.

SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING.

    Section 5303 of title 49, United States Code, is further amended--
            (1) by amending subsection (a)(1) to read as follows:
            ``(1) to encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility needs of 
        people and freight, foster economic growth and development 
        within and between States and urbanized areas, and take into 
        consideration resiliency and climate change adaptation needs 
        while reducing transportation-related fuel consumption, air 
        pollution, and greenhouse gas emissions through metropolitan 
        and statewide transportation planning processes identified in 
        this chapter; and''.
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8), respectively; and
                    (B) by inserting after paragraph (5) the following:
            ``(6) STIP.--The term `STIP' means a statewide 
        transportation improvement program developed by a State under 
        section 135(g).'';
            (3) in subsection (c)--
                    (A) in paragraph (1) by striking ``and 
                transportation improvement programs'' and inserting 
                ``and TIPs''; and
                    (B) by adding at the end the following:
            ``(4) Consideration.--In developing the plans and TIPs, 
        metropolitan planning organizations shall consider direct and 
        indirect emissions of greenhouse gases.'';
            (4) in subsection (d)--
                    (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of the Federal Public 
                Transportation Act of 2012, each'' and inserting 
                ``Each'';
                    (B) in paragraph (3) by adding at the end the 
                following:
                    ``(D) Equitable and proportional representation.--
                            ``(i) In general.--In designating officials 
                        or representatives under paragraph (2), the 
                        metropolitan planning organization shall ensure 
                        the equitable and proportional representation 
                        of the population of the metropolitan planning 
                        area.
                            ``(ii) Savings clause.--Nothing in this 
                        paragraph shall require a metropolitan planning 
                        organization in existence on the date of 
                        enactment of this subparagraph to be 
                        restructured.
                            ``(iii) Redesignation.--Notwithstanding 
                        clause (ii), the requirements of this paragraph 
                        shall apply to any metropolitan planning 
                        organization redesignated under paragraph 
                        (6).'';
                    (C) in paragraph (6)(B) by striking ``paragraph 
                (2)'' and inserting ``paragraphs (2) or (3)(D)''; and
                    (D) in paragraph (7)--
                            (i) by striking ``an existing metropolitan 
                        planning area'' and inserting ``an urbanized 
                        area''; and
                            (ii) by striking ``the existing 
                        metropolitan planning area'' and inserting 
                        ``the area'';
            (5) in subsection (g)--
                    (A) in paragraph (1) by striking ``a metropolitan 
                area'' and inserting ``an urbanized area'';
                    (B) in paragraph (2) by striking ``Mpos'' and 
                inserting ``Metropolitan planning areas''
                    (C) in paragraph (3)(A) by inserting ``emergency 
                response and evacuation, climate change adaptation and 
                resilience,'' after ``disaster risk reduction,''; and
                    (D) by adding at the end the following:
            ``(4) Coordination between mpos.--
                    ``(A) In general.--If more than one metropolitan 
                planning organization is designated within an urbanized 
                area under subsection (d)(7), the metropolitan planning 
                organizations designated within the area shall ensure, 
                to the maximum extent practicable, the consistency of 
                any data used in the planning process, including 
                information used in forecasting transportation demand.
                    ``(B) Savings clause.--Nothing in this paragraph 
                requires metropolitan planning organizations designated 
                within a single urbanized area to jointly develop 
                planning documents, including a unified long-range 
                transportation plan or unified TIP.'';
            (6) in subsection (h)(1)--
                    (A) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) protect and enhance the environment, promote 
                energy conservation, reduce greenhouse gas emissions, 
                improve the quality of life and public health, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns, including housing and land use 
                patterns;'';
                    (B) in subparagraph (H) by striking ``and'' at the 
                end;
                    (C) in subparagraph (I) by striking the period at 
                the end and inserting ``and reduce or mitigate 
                stormwater, sea level rise, extreme weather, and 
                climate change impacts of surface transportation;''; 
                and
                    (D) by inserting after subparagraph (I) the 
                following:
                    ``(J) support emergency management, response, and 
                evacuation and hazard mitigation;
                    ``(K) improve the level of transportation system 
                access; and
                    ``(L) support inclusive zoning policies and land 
                use planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households.'';
            (7) in subsection (h)(2) by striking subparagraph (A) and 
        inserting the following:
                    ``(A) In general.--Through the use of a 
                performance-based approach, transportation investment 
                decisions made as a part of the metropolitan 
                transportation planning process shall support the 
                national goals described in section 150(b), the 
                achievement of metropolitan and statewide targets 
                established under section 150(d), the improvement of 
                transportation system access (consistent with section 
                150(f)), and the general purposes described in section 
                5301 of title 49.'';
            (8) in subsection (i)--
                    (A) in paragraph (2)(D)(i) by inserting ``reduce 
                greenhouse gas emissions and'' before ``restore and 
                maintain'';
                    (B) in paragraph (2)(G) by inserting ``and climate 
                change'' after ``infrastructure to natural disasters'';
                    (C) in paragraph (2)(H) by inserting ``greenhouse 
                gas emissions,'' after ``pollution,'';
                    (D) in paragraph (5)--
                            (i) in subparagraph (A) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Issues.--The consultation shall involve, as 
                appropriate, comparison of transportation plans to 
                other relevant plans, including, if available--
                            ``(i) State conservation plans or maps; and
                            ``(ii) inventories of natural or historic 
                        resources.''; and
                    (E) by amending paragraph (6)(C) to read as 
                follows:
                    ``(C) Methods.--
                            ``(i) In general.--In carrying out 
                        subparagraph (A), the metropolitan planning 
                        organization shall, to the maximum extent 
                        practicable--
                                    ``(I) hold any public meetings at 
                                convenient and accessible locations and 
                                times;
                                    ``(II) employ visualization 
                                techniques to describe plans; and
                                    ``(III) make public information 
                                available in electronically accessible 
                                format and means, such as the internet, 
                                as appropriate to afford reasonable 
                                opportunity for consideration of public 
                                information under subparagraph (A).
                            ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the metropolitan 
                        planning organization shall, to the maximum 
                        extent practicable--
                                    ``(I) use virtual public 
                                involvement, social media, and other 
                                web-based tools to encourage public 
                                participation and solicit public 
                                feedback; and
                                    ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
            (9) in subsection (j) by striking ``transportation 
        improvement program'' and inserting ``TIP'' each place it 
        appears; and
            (10) by striking ``Federally'' each place it appears and 
        inserting ``federally''.

SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

    Section 5304 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                    (B) in paragraph (2)--
                            (i) by striking ``The statewide 
                        transportation plan and the'' and inserting the 
                        following:
                    ``(A)  In general.--The statewide transportation 
                plan and the'';
                            (ii) by striking ``transportation 
                        improvement program'' and inserting ``STIP''; 
                        and
                            (iii) by adding at the end the following:
                    ``(B) Consideration.--In developing the statewide 
                transportation plans and STIPs, States shall consider 
                direct and indirect emissions of greenhouse gases.''; 
                and
                    (C) in paragraph (3) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (E)--
                                    (I) by inserting ``reduce 
                                greenhouse gas emissions,'' after 
                                ``promote energy conservation,'';
                                    (II) by inserting ``and public 
                                health'' after ``improve the quality of 
                                life''; and
                                    (III) by inserting ``, including 
                                housing and land use patterns'' after 
                                ``economic development patterns'';
                            (ii) in subparagraph (H) by striking 
                        ``and'';
                            (iii) in subparagraph (I) by striking the 
                        period at the end and inserting ``and reduce or 
                        mitigate stormwater, sea level rise, extreme 
                        weather, and climate change impacts of surface 
                        transportation;''; and
                            (iv) by adding at the end the following:
                    ``(J) facilitate emergency management, response, 
                and evacuation and hazard mitigation;
                    ``(K) improve the level of transportation system 
                access; and
                    ``(L) support inclusive zoning policies and land 
                use planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households.'';
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) In general.--Through the use of a 
                performance-based approach, transportation investment 
                decisions made as a part of the statewide 
                transportation planning process shall support--
                            ``(i) the national goals described in 
                        section 150(b);
                            ``(ii) the consideration of transportation 
                        system access (consistent with section 150(f));
                            ``(iii) the achievement of statewide 
                        targets established under section 150(d); and
                            ``(iv) the general purposes described in 
                        section 5301 of title 49.''; and
                            (ii) in subparagraph (D) by striking 
                        ``statewide transportation improvement 
                        program'' and inserting ``STIP''; and
                    (C) in paragraph (3) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
            (3) in subsection (e)(3) by striking ``transportation 
        improvement program'' and inserting ``STIP'';
            (4) in subsection (f)--
                    (A) in paragraph (2)(D)--
                            (i) in clause (i) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                            (ii) by amending clause (ii) to read as 
                        follows:
                            ``(ii) Comparison and consideration.--
                        Consultation under clause (i) shall involve the 
                        comparison of transportation plans to other 
                        relevant plans and inventories, including, if 
                        available--
                                    ``(I) State and tribal conservation 
                                plans or maps; and
                                    ``(II) inventories of natural or 
                                historic resources.'';
                    (B) in paragraph (3)(B)--
                            (i) by striking ``In carrying out'' and 
                        inserting the following:
                            ``(i) In general.--in carrying out'';
                            (ii) by redesignating clauses (i) through 
                        (iv) as subclauses (I) through (IV), 
                        respectively; and
                            (iii) by adding at the end the following:
                            ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the State shall, 
                        to the maximum extent practicable--
                                    ``(I) use virtual public 
                                involvement, social media, and other 
                                web-based tools to encourage public 
                                participation and solicit public 
                                feedback; and
                                    ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
                    (C) in paragraph (4)(A) by inserting ``reduce 
                greenhouse gas emissions and'' after ``potential to''; 
                and
                    (D) in paragraph (8) by inserting ``including 
                consideration of the role that intercity buses may play 
                in reducing congestion, pollution, greenhouse gas 
                emissions, and energy consumption in a cost-effective 
                manner and strategies and investments that preserve and 
                enhance intercity bus systems, including systems that 
                are privately owned and operated'' after 
                ``transportation system'';
            (5) in subsection (g)--
                    (A) in paragraph (1)(A) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                    (B) in paragraph (5)--
                            (i) in subparagraph (A) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                            (ii) in subparagraph (B)(ii) by striking 
                        ``metropolitan transportation improvement 
                        program'' and inserting ``TIP'';
                            (iii) in subparagraph (C) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                            (iv) in subparagraph (E) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                            (v) in subparagraph (F)(i) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                            (vi) in subparagraph (G)(ii) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP''; and
                            (vii) in subparagraph (H) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                    (C) in paragraph (6)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``transportation 
                                improvement program'' and inserting 
                                ``STIP''; and
                                    (II) by striking ``and projects 
                                carried out under the bridge program or 
                                the Interstate maintenance program 
                                under title 23''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``or under the 
                                bridge program or the Interstate 
                                maintenance program''; and
                                    (II) by striking ``statewide 
                                transportation improvement program'' 
                                and inserting ``STIP'';
                    (D) in paragraph (7)--
                            (i) in the heading by striking 
                        ``Transportation improvement program'' and 
                        inserting ``STIP''; and
                            (ii) by striking ``transportation 
                        improvement program'' and inserting ``STIP'';
                    (E) in paragraph (8) by striking ``statewide 
                transportation plans and programs'' and inserting 
                ``statewide transportation plans and STIPs''; and
                    (F) in paragraph (9) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
            (6) in subsection (h)(2)(A) by striking ``Not later than 5 
        years after the date of enactment of the Federal Public 
        Transportation Act of 2012,'' and inserting ``Not less 
        frequently than once every 4 years,'';
            (7) in subsection (j) by striking ``transportation 
        improvement program'' and inserting ``STIP'' each place it 
        appears; and
            (8) in subsection (l) by striking ``transportation 
        improvement programs'' and inserting ``STIPs''.

SEC. 2109. OBLIGATION LIMITATION.

    Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Mass Transit Account 
of the Highway Trust Fund by subsection (a) of section 5338 of title 
49, United States Code, shall not exceed--
            (1) $17,894,460,367 for fiscal year 2023;
            (2) $18,201,940,770 for fiscal year 2024;
            (3) $18,551,676,708 for fiscal year 2025; and
            (4) $18,901,573,693 for fiscal year 2026.

SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF FUNDS.

    Section 5324 of title 49, United States Code, is further amended by 
adding at the end the following:
    ``(g) Imposition of Deadline.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may not require any project funded pursuant 
        to this section to advance to the construction obligation stage 
        before the date that is the last day of the sixth fiscal year 
        after the later of--
                    ``(A) the date on which the Governor declared the 
                emergency, as described in subsection (a)(2); or
                    ``(B) the date on which the President declared a 
                major disaster, as described in such subsection.
            ``(2) Extension of deadline.--If the Secretary imposes a 
        deadline for advancement to the construction obligation stage 
        pursuant to paragraph (1), the Secretary may, upon the request 
        of the Governor of the State, issue an extension of not more 
        than 1 year to complete such advancement, and may issue 
        additional extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has provided 
        suitable justification to warrant an extension.''.

SEC. 2111. CERTIFICATION REQUIREMENTS.

    The certification requirements described in section 661.12 of title 
49, Code of Federal Regulations, shall, after the date of enactment of 
this Act, include a certification that buses or other rolling stock 
(including train control, communication and traction power equipment) 
being procured do not contain or use any covered telecommunications 
equipment or services, as such term is defined by section 889 of the 
John S. McCain National Defense Authorization Act for Fiscal Year 2019 
(Public Law 115-232).

SEC. 2112. HOLD HARMLESS.

    Notwithstanding any other provision of law, for fiscal years 2021 
and 2022, the Secretary of Transportation shall allow project sponsors, 
at the request of such sponsor, to submit ridership and service data 
and projections collected before January 20, 2020 and projections based 
on that data to determine project eligibility under section 5309 of 
title 49, United States Code.

SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANSPORTATION.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall submit to Congress a 
report that includes--
            (1) a description of the challenges faced by each of the 
        populations described in subsection (b) when riding public 
        transportation; and
            (2) recommendations to improve the accessibility of 
        federally-funded public transportation for the populations 
        described in subsection (b).
    (b) Covered Populations.--The populations described in subsection 
(a) shall be--
            (1) pregnant women; and
            (2) individuals living in areas of persistent poverty, as 
        such term is defined in section 172(l) of title 23, United 
        States Code, as added by this Act, and individuals that are 
        unbanked or underbanked.

             Subtitle B--Improving Frequency and Ridership

SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND RIDERSHIP COMPETITIVE 
              GRANTS.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5307 the following new section:
``Sec. 5308. Multi-jurisdictional bus frequency and ridership 
              competitive grants
    ``(a) In General.--The Secretary shall make grants under this 
section, on a competitive basis, to eligible recipients to increase the 
frequency of bus service and the ridership of public transit buses.
    ``(b) Applications.--To be eligible for a grant under this section, 
an eligible recipient shall submit to the Secretary an application at 
such time, in such manner, and containing such information as the 
Secretary may require.
    ``(c) Application Timing.--Not later than 90 days after amounts are 
made available to carry out this section, the Secretary shall solicit 
grant applications from eligible recipients for projects described in 
subsection (d).
    ``(d) Uses of Funds.--An eligible recipient of a grant under this 
section shall use such grant for transportation capital projects that--
            ``(1) increase--
                    ``(A) the frequency of bus service;
                    ``(B) bus ridership; and
                    ``(C) total person throughput; and
            ``(2) are consistent with, and as described in, the design 
        guidance issued by the National Association of City 
        Transportation Officials and titled `Transit Street Design 
        Guide'.
    ``(e) Grant Criteria.--In making grants under this section, the 
Secretary shall consider the following:
            ``(1) Each eligible recipient's projected increase in bus 
        frequency.
            ``(2) Each eligible recipient's projected increase in bus 
        ridership.
            ``(3) Each eligible recipient's projected increase in total 
        person throughput.
            ``(4) The degree of regional collaboration described in 
        each eligible recipient's application, including collaboration 
        with--
                    ``(A) a local government entity that operates a 
                public transportation service;
                    ``(B) local government agencies that control street 
                design;
                    ``(C) metropolitan planning organizations (as such 
                term is defined in section 5303); and
                    ``(D) State departments of transportation.
    ``(f) Grant Timing.--The Secretary shall award grants under this 
section not later than 120 days after the date on which the Secretary 
completes the solicitation described in subsection (c).
    ``(g) Requirements of the Secretary.--In carrying out the program 
under this section, the Secretary shall--
            ``(1) not later than the date described in subsection (c), 
        publish in the Federal Register a list of all metrics and 
        evaluation procedures to be used in making grants under this 
        section; and
            ``(2) publish in the Federal Register--
                    ``(A) a summary of the final metrics and 
                evaluations used in making grants under this section; 
                and
                    ``(B) a list of the ratings of eligible recipients 
                receiving a grant under this section based on such 
                metrics and evaluations.
    ``(h) Federal Share.--
            ``(1) In general.--The Federal share of the cost of a 
        project carried out under this section shall not exceed 80 
        percent.
            ``(2) Restriction on grant amounts.--The Secretary may make 
        a grant for a project under this section in an amount up to 150 
        percent of the amount--
                    ``(A) provided for such project under title 23; and
                    ``(B) provided for such project from non-Federal 
                funds budgeted for roadways.
    ``(i) Requirements of Section 5307.--Except as otherwise provided 
in this section, a grant under this section shall be subject to the 
requirements of section 5307.
    ``(j) Availability of Funds.--
            ``(1) In general.--Amounts made available to carry out this 
        section shall remain available for 4 fiscal years after the 
        fiscal year for which the amount was made available.
            ``(2) Unobligated amounts.--After the expiration of the 
        period described in paragraph (1) for an amount made available 
        to carry out this section, any unobligated amounts made 
        available to carry out this section shall be added to the 
        amounts made available for the following fiscal year.
    ``(k) Eligible Recipients.--In this section, the term `eligible 
recipient' means a recipient of a grant under section 5307 in an 
urbanized area with a population greater than 500,000.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5307 the following new item:

``5308. Multi-jurisdictional bus frequency and ridership competitive 
                            grants.''.

SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FORMULA.

    Section 5336 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i) by striking ``95.61 percent'' and 
                                inserting ``95 percent'';
                                    (II) in clause (i) by striking 
                                ``95.61 percent'' and inserting ``95 
                                percent''; and
                                    (III) in clause (ii) by striking 
                                ``95.61 percent'' and inserting ``95 
                                percent''; and
                            (ii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i) by striking ``4.39 percent'' and 
                                inserting ``5 percent'';
                                    (II) in clause (i)--
                                            (aa) by inserting ``in the 
                                        highest 25 percent of routes by 
                                        ridership'' before ``multiplied 
                                        by''; and
                                            (bb) by striking ``vehicle 
                                        passenger miles traveled for 
                                        each dollar of operating cost 
                                        in an area'' and inserting 
                                        ``vehicles operating in peak 
                                        revenue service per hour in the 
                                        highest 25 percent of routes by 
                                        ridership''; and
                                    (III) in clause (ii)--
                                            (aa) by inserting ``in the 
                                        highest 25 percent of routes by 
                                        ridership'' before ``multiplied 
                                        by''; and
                                            (bb) by striking ``vehicle 
                                        passenger miles traveled for 
                                        each dollar of operating cost 
                                        in all areas'' and inserting 
                                        ``vehicles operating in peak 
                                        revenue service per hour in the 
                                        highest 25 percent of routes by 
                                        ridership''; and
                    (B) by adding at the end the following:
            ``(3) Special rule.--For fiscal years 2023 and 2024, the 
        percentage--
                    ``(A) in paragraph (2)(A) in the matter preceding 
                clause (i) shall be treated as 100 percent; and
                    ``(B) in paragraph (2)(B) in the matter preceding 
                clause (i) shall be treated as 0 percent.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``90.8 percent'' 
                and inserting ``90 percent'' each place it appears;
                    (B) in paragraph (2)--
                            (i) by striking ``9.2 percent'' and 
                        inserting ``8 percent'';
                            (ii) by striking ``200,000'' and inserting 
                        ``500,000'';
                            (iii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) the number of bus passenger miles traveled on 
                the highest 25 percent of routes by ridership 
                multiplied by the number of buses operating in peak 
                revenue service per hour on the highest 25 percent of 
                routes by ridership; divided by''; and
                            (iv) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) the total number of bus passenger miles 
                traveled on the highest 25 percent of routes by 
                ridership multiplied by the total number of buses 
                operating in peak revenue service per hour on the 
                highest 25 percent of routes by ridership in all 
                areas.''; and
                    (C) by adding at the end the following:
            ``(3) Two percent of the total amount apportioned under 
        this subsection shall be apportioned so that each urbanized 
        area with a population of at least 200,000 and less than 
        500,000 is entitled to receive an amount using the formula in 
        paragraph (1).
            ``(4) For fiscal years 2023 and 2024, the percentage--
                    ``(A) in paragraph (1) in the matter preceding 
                subparagraph (A) shall be treated as 100 percent;
                    ``(B) in paragraph (2) in the matter preceding 
                subparagraph (A) shall be treated as 0 percent; and
                    ``(C) in paragraph (3) shall be treated as 0 
                percent.''; and
            (3) by adding at the end the following:
    ``(k) Peak Revenue Service Defined.--In this section, the term 
`peak revenue service' means the time period between the time in the 
morning that an agency first exceeds the number of midday vehicles in 
revenue service and the time in the evening that an agency falls below 
the number of midday vehicles in revenue service.''.

SEC. 2203. MOBILITY INNOVATION.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5315 the following new section:
``Sec. 5316. Mobility innovation
    ``(a) In General.--Amounts made available to a covered recipient to 
carry out sections 5307, 5310, and 5311 may be used by such covered 
recipient under this section to assist in the financing of--
            ``(1) mobility as a service; and
            ``(2) mobility on demand services.
    ``(b) Federal Share.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the Federal share of the net cost of a project carried out 
        under this section shall not exceed 70 percent.
            ``(2) Insourcing incentive.--Notwithstanding paragraph (1), 
        the Federal share of the net cost of a project described in 
        paragraph (1) shall, at the request of the project sponsor, be 
        increased by up to 10 percent for mobility on demand service 
        operated exclusively by personnel employed by the recipient.
            ``(3) Zero emission incentive.--Notwithstanding paragraph 
        (1), the Federal share of the net cost of a project described 
        in paragraph (1) shall, at the request of the project sponsor, 
        be increased by up to 10 percent if such project involves an 
        eligible use that uses a vehicle that produces zero carbon 
        dioxide or particulate matter.
    ``(c) Eligible Uses.--
            ``(1) In general.--The Secretary shall publish guidance 
        describing eligible activities that are demonstrated to--
                    ``(A) increase transit ridership;
                    ``(B) be complementary to fixed route transit 
                service;
                    ``(C) demonstrate meaningful improvements in--
                            ``(i) environmental metrics, including 
                        standards established pursuant to the Clean Air 
                        Act (42 U.S.C. 7401 et seq.) and greenhouse gas 
                        performance targets established pursuant to 
                        section 150(d) of title 23;
                            ``(ii) traffic congestion;
                            ``(iii) compliance with the requirements 
                        under the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.);
                            ``(iv) low-income service to increase 
                        access to employment, healthcare, and other 
                        essential services;
                            ``(v) service during times of the day when 
                        regular transit service is not operating, as 
                        long as regular transit service hours are not 
                        reduced;
                            ``(vi) new service that operates in areas 
                        of lower density that are unserved or 
                        underserved by regular transit service;
                            ``(vii) rural service; and
                            ``(viii) improvement in paratransit service 
                        quality.
                    ``(D) Fare collection modernization.--In developing 
                guidance referred to in this section, the Secretary 
                shall ensure that--
                            ``(i) all costs associated with installing, 
                        modernizing, and managing fare collection, 
                        including touchless payment systems, shall be 
                        considered eligible expenses under this title 
                        and subject to the applicable Federal share; 
                        and
                            ``(ii) such guidance includes guidance on 
                        how agencies shall provide unbanked and 
                        underbanked users with an opportunity to 
                        benefit from mobility as a service platforms.
            ``(2) Prohibition on use of funds.--Amounts used by a 
        covered recipient for projects eligible under this section may 
        not be used for--
                    ``(A) single passenger vehicle miles (in a 
                passenger motor vehicle, as such term is defined in 
                section 32101, that carries less than 9 passengers), 
                unless the trip--
                            ``(i) meets the definition of public 
                        transportation; and
                            ``(ii) begins or completes a fixed route 
                        public transportation trip;
                    ``(B) deadhead vehicle miles; or
                    ``(C) any service considered a taxi service that 
                operates under an exemption from testing requirements 
                under section 5331.
    ``(d) Federal Requirements.--A project carried out under this 
section shall be treated as if such project were carried out under the 
section from which the funds were provided to carry out such project, 
including the application of any additional requirements provided for 
by law that apply to section 5307, 5310, or 5311, as applicable.
    ``(e) Waiver.--
            ``(1) Individual waiver.--Except as provided in paragraphs 
        (2) and (3), the Secretary may waive any requirement applied to 
        a project carried out under this section pursuant to subsection 
        (d) if the Secretary determines that the project would--
                    ``(A) not undermine labor standards;
                    ``(B) increase employment opportunities of the 
                recipient unless the Secretary determines that such a 
                waiver does not affect employment opportunities; and
                    ``(C) be consistent with the public interest.
            ``(2) Waiver under other sections.--The Secretary may not 
        waive any requirement under paragraph (1) for which a waiver is 
        otherwise available.
            ``(3) Prohibition of waiver.--Notwithstanding paragraph 
        (1), the Secretary may not waive any requirement of--
                    ``(A) section 5333;
                    ``(B) section 5331;
                    ``(C) section 5302(14); and
                    ``(D) chapter 53 that establishes a maximum Federal 
                share for operating costs.
            ``(4) Application of section 5320.--Notwithstanding 
        paragraphs (1) and (2), the Secretary may only waive the 
        requirements of section 5320 with respect to--
                    ``(A) a passenger vehicle owned by an individual;
                    ``(B) subsection (q) of such section for any 
                passenger vehicle not owned by an individual for the 
                period beginning on the date of enactment of this 
                section and ending 3 years after such date;
                    ``(C) any shared micromobility device for the 
                period beginning on the date of enactment of this 
                section and ending on the date that is 3 years after 
                such date; and
                    ``(D) rolling stock that is part of a dedicated 
                fleet of vehicles for the provision of microtransit 
                that is operated by, or exclusively on behalf of, the 
                covered recipient for the period beginning on the date 
                of enactment of this section and ending on the date 
                that is 3 years after such date.
            ``(5) Limitation.--A waiver issued under subparagraphs (B), 
        (C), or (D) of paragraph (4) may only be issued on an 
        individual project basis at the request of the covered 
        recipient and may not be renewed or extended beyond the initial 
        3-year period of the waiver.
    ``(f) Open Data Standards.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Secretary shall initiate 
        procedures under subchapter III of chapter 5 of title 5 to 
        develop an open data standard and an application programming 
        interface necessary to carry out this section.
            ``(2) Regulations.--The regulations required under 
        paragraph (1) shall require public transportation agencies, 
        mobility on demand providers, mobility as a service technology 
        providers, other non-government actors, and local governments 
        the efficient means to transfer data to--
                    ``(A) foster the efficient use of transportation 
                capacity;
                    ``(B) enhance the management of new modes of 
                mobility;
                    ``(C) enable the use of innovative planning tools;
                    ``(D) enable single payment systems for all 
                mobility on demand services;
                    ``(E) establish metropolitan planning organization, 
                State, and local government access to anonymized data 
                for transportation planning, real time operations data, 
                and rules;
                    ``(F) prohibit the transfer of personally 
                identifiable information;
                    ``(G) protect confidential business information;
                    ``(H) enhance cybersecurity protections; and
                    ``(I) allow data governance, including but not 
                limited to licensing and terms of information sharing, 
                periodic risk assessments, policies regarding data 
                retention and information handling policies, and 
                anonymization techniques.
            ``(3) Prohibition on for profit activity.--Any data 
        received by an entity under this subsection may not be sold, 
        leased, or otherwise used to generate profit, except for the 
        direct provision of the related mobility on demand services and 
        mobility as a service.
            ``(4) Committee.--A negotiated rulemaking committee 
        established pursuant to section 565 of title 5 to carry out 
        this subsection shall have a maximum of 17 members limited to 
        representatives of the Department of Transportation, State and 
        local governments, metropolitan planning organizations, urban 
        and rural covered recipients, associations that represent 
        public transit agencies, representatives from at least 3 
        different organizations engaged in collective bargaining on 
        behalf of transit workers in not fewer than 3 States, mobility 
        on demand providers, and mobility as a service technology 
        providers.
            ``(5) Publication of proposed regulations.--Proposed 
        regulations to implement this section shall be published in the 
        Federal Register by the Secretary not later than 18 months 
        after such date of enactment.
            ``(6) Extension of deadlines.--A deadline set forth in 
        paragraph (4) may be extended up to 180 days if the negotiated 
        rulemaking committee referred to in paragraph (5) concludes 
        that the committee cannot meet the deadline and the Secretary 
        so notifies the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate.
    ``(g) Application of Recipient Vehicle Revenue Miles.--With respect 
to vehicle revenue miles with one passenger of a covered recipient 
using amounts under this section, such miles--
            ``(1) shall be included in the National Transit Database 
        under section 5335; and
            ``(2) shall be excluded from vehicle revenue miles data 
        used in the calculation described in section 5336.
    ``(h) Savings Clause.--Subsection (c)(2) and subsection (g) shall 
not apply to any eligible activities under this section if such 
activities are--
            ``(1) being carried out in compliance with the Americans 
        with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); or
            ``(2) projects eligible under section 5310 that exceed the 
        requirements of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.).
    ``(i) Definitions.--In this section:
            ``(1) Covered recipient.--The term `covered recipient' 
        means a State or local government entity, private nonprofit 
        organization, or Tribe that--
                    ``(A) operates a public transportation service; and
                    ``(B) is a recipient or subrecipient of funds under 
                section 5307, 5310, or 5311.
            ``(2) Deadhead vehicle miles.--The term `deadhead vehicle 
        miles' means the miles that a vehicle travels when out of 
        revenue service, including leaving or returning to the garage 
        or yard facility, changing routes, when there is no expectation 
        of carrying revenue passengers, and any miles traveled by a 
        private operator without a passenger.
            ``(3) Mobility as a service.--The term `mobility as a 
        service' means services that constitute the integration of 
        mobility on demand services and public transportation that are 
        available and accessible to all travelers, provide multimodal 
        trip planning, and a unified payment system.
            ``(4) Mobility on demand.--The term `mobility on demand' 
        means an on-demand transportation service shared among 
        individuals, either concurrently or one after another.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5315 the following new item:

``5316. Mobility innovation.''.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect on the date on which the Secretary of 
Transportation has finalized both--
            (1) the guidance required under section 5316(c) of title 
        49, United States Code; and
            (2) the regulations required under section 5316(f) of title 
        49, United States Code.
    (d) Savings Clause.--Nothing in this section, or the amendments 
made by this section, shall prohibit the use of funds for an eligible 
activity or pilot project of a covered recipient authorized under the 
law in effect on the day before the date of enactment of this Act 
before the effective date described in subsection (c).

SEC. 2204. FORMULA GRANTS FOR RURAL AREAS.

    Section 5311 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2) by adding at the end the 
                following:
                    ``(D) Census designation.--The Secretary may 
                approve a State program that allocates not more than 5 
                percent of such State's apportionment to assist rural 
                areas that were redesignated as urban areas not more 
                than 2 fiscal years after the last census designation 
                of urbanized area boundaries.''; and
                    (B) in paragraph (3) by striking ``section 
                5338(a)(2)(F)'' and inserting ``section 
                5338(a)(2)(E)'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A) by striking ``section 5338(a)(2)(F)'' and 
                        inserting ``section 5338(a)(2)(E)'';
                            (ii) in subparagraph (A) by striking 
                        ``$5,000,000'' and inserting ``$10,000,000''; 
                        and
                            (iii) in subparagraph (B) by striking 
                        ``$30,000,000'' and inserting ``the amount 
                        remaining under section 5338(a)(2)(E)(i) after 
                        the amount under subparagraph (A) is 
                        distributed'';
                    (B) in paragraph (2)(C) by striking ``section 
                5338(a)(2)(F)'' and inserting ``section 
                5338(a)(2)(E)''; and
                    (C) in paragraph (3)--
                            (i) in subparagraph (A) by striking 
                        ``section 5338(a)(2)(F)'' and inserting 
                        ``section 5338(a)(2)(E)''; and
                            (ii) by striking subparagraphs (B) and (C) 
                        and inserting the following:
                    ``(B) Land area.--
                            ``(i) In general.--Subject to clause (ii), 
                        each State shall receive an amount that is 
                        equal to 15 percent of the amount apportioned 
                        under this paragraph, multiplied by the ratio 
                        of the land area in rural areas in that State 
                        and divided by the land area in all rural areas 
                        in the United States, as shown by the most 
                        recent decennial census of population.
                            ``(ii) Maximum apportionment.--No State 
                        shall receive more than 5 percent of the amount 
                        apportioned under clause (i).
                    ``(C) Population.--Each State shall receive an 
                amount equal to 50 percent of the amount apportioned 
                under this paragraph, multiplied by the ratio of the 
                population of rural areas in that State and divided by 
                the population of all rural areas in the United States, 
                as shown by the most recent decennial census of 
                population.
                    ``(D) Vehicle revenue miles.--
                            ``(i) In general.--Subject to clause (ii), 
                        each State shall receive an amount that is 
                        equal to 25 percent of the amount apportioned 
                        under this paragraph, multiplied by the ratio 
                        of vehicle revenue miles in rural areas in that 
                        State and divided by the vehicle revenue miles 
                        in all rural areas in the United States, as 
                        determined by national transit database 
                        reporting.
                            ``(ii) Maximum apportionment.--No State 
                        shall receive more than 5 percent of the amount 
                        apportioned under clause (i).
                    ``(E) Low-income individuals.--Each State shall 
                receive an amount that is equal to 10 percent of the 
                amount apportioned under this paragraph, multiplied by 
                the ratio of low-income individuals in rural areas in 
                that State and divided by the number of low-income 
                individuals in all rural areas in the United States, as 
                shown by the Bureau of the Census.'';
            (3) in subsection (f)--
                    (A) in paragraph (1) by inserting ``A State may 
                expend funds to continue service into another State to 
                extend a route.'' before ``Eligible activities under''; 
                and
                    (B) in paragraph (2) by inserting ``and makes the 
                certification and supporting documents publicly 
                available'' before the period at the end; and
            (4) in subsection (g) by adding at the end the following:
            ``(6) Allowance for volunteer hours.--
                    ``(A) Applicable regulations.--For any funds 
                provided by a department or agency of the Government 
                under paragraph (3)(D) or by a service agreement under 
                paragraph (3)(C), and such department or agency has 
                regulations in place that provide for the valuation of 
                volunteer hours as allowable in-kind contributions 
                toward the non-Federal share of project costs, such 
                regulations shall be used to determine the allowable 
                valuation of volunteer hours as an in-kind contribution 
                toward the non-Federal remainder of net project costs 
                for a transit project funded under this section.
                    ``(B) Limitations.--Subparagraph (A) shall not 
                apply to the provision of fixed-route bus services 
                funded under this section.''.

SEC. 2205. ONE-STOP PARATRANSIT PROGRAM.

    Section 5310 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) One-Stop Paratransit Program.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this subsection, the Secretary shall establish 
        a one-stop paratransit competitive grant program to encourage 
        an extra stop in non-fixed route Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12101 et seq.) service for a paratransit 
        rider to complete essential tasks.
            ``(2) Preference.--The Secretary shall give preference to 
        eligible recipients that--
                    ``(A) have comparable data for the year prior to 
                implementation of the grant program and made available 
                to the Secretary, academic and nonprofit organizations 
                for research purposes; and
                    ``(B) plan to use agency personnel to implement the 
                pilot program.
            ``(3) Application criteria.--To be eligible to participate 
        in the grant program, an eligible recipient shall submit to the 
        Secretary an application containing such information as the 
        Secretary may require, including information on--
                    ``(A) locations the eligible entity intends to 
                allow a stop at, if stops are limited, including--
                            ``(i) childcare or education facilities;
                            ``(ii) pharmacies;
                            ``(iii) grocery stores; and
                            ``(iv) bank or ATM locations;
                    ``(B) methodology for informing the public of the 
                grant program;
                    ``(C) vehicles, personnel, and other resources that 
                will be used to implement the grant program;
                    ``(D) if the applicant does not intend the grant 
                program to apply to the full area under the 
                jurisdiction of the applicant, a description of the 
                geographic area in which the applicant intends the 
                grant program to apply; and
                    ``(E) the anticipated amount of increased operating 
                costs.
            ``(4) Selection.--The Secretary shall seek to achieve 
        diversity of participants in the grant program by selecting a 
        range of eligible entities that includes at least--
                    ``(A) 5 eligible recipients that serve an area with 
                a population of 50,000 to 200,000;
                    ``(B) 10 eligible recipients that serve an area 
                with a population of over 200,000; and
                    ``(C) 5 eligible recipients that provide 
                transportation for rural communities.
            ``(5) Data-sharing criteria.--An eligible recipient in this 
        subsection shall provide data as the Secretary requires, which 
        may include--
                    ``(A) number of ADA paratransit trips conducted 
                each year;
                    ``(B) requested time of each paratransit trip;
                    ``(C) scheduled time of each paratransit trip;
                    ``(D) actual pickup time for each paratransit trip;
                    ``(E) average length of a stop in the middle of a 
                ride as allowed by this subsection;
                    ``(F) any complaints received by a paratransit 
                rider;
                    ``(G) rider satisfaction with paratransit services; 
                and
                    ``(H) after the completion of the grant, an 
                assessment by the eligible recipient of its capacity to 
                continue a one-stop program independently.
            ``(6) Report.--
                    ``(A) In general.--The Secretary shall make 
                publicly available an annual report on the program 
                carried out under this subsection for each fiscal year, 
                not later than December 31 of the calendar year in 
                which such fiscal year ends.
                    ``(B) Contents.--The report required under 
                subparagraph (A) shall include a detailed description 
                of the activities carried out under the program, and an 
                evaluation of the program, including an evaluation of 
                the data shared by eligible recipients under paragraph 
                (5).''.

         Subtitle C--Buy America and Other Procurement Reforms

SEC. 2301. BUY AMERICA.

    (a) Buy America.--
            (1) In general.--Chapter 53 of title 49, United States 
        Code, is amended by inserting before section 5321 the 
        following:
``Sec. 5320. Buy America
    ``(a) In General.--The Secretary may obligate an amount that may be 
appropriated to carry out this chapter for a project only if the steel, 
iron, and manufactured goods used in the project are produced in the 
United States.
    ``(b) Waiver.--The Secretary may waive subsection (a) if the 
Secretary finds that--
            ``(1) applying subsection (a) would be inconsistent with 
        the public interest;
            ``(2) the steel, iron, and goods produced in the United 
        States are not produced in a sufficient and reasonably 
        available amount or are not of a satisfactory quality;
            ``(3) when procuring rolling stock (including train 
        control, communication, traction power equipment, and rolling 
        stock prototypes) under this chapter--
                    ``(A) the cost of components and subcomponents 
                produced in the United States is more than 70 percent 
                of the cost of all components of the rolling stock; and
                    ``(B) final assembly of the rolling stock has 
                occurred in the United States; or
            ``(4) including domestic material will increase the cost of 
        the overall project by more than 25 percent.
    ``(c) Written Waiver Determination and Annual Report.--
            ``(1) Waiver procedure.--Not later than 120 days after the 
        submission of a request for a waiver, the Secretary shall make 
        a determination under subsection (b)(1), (b)(2), or (b)(4) as 
        to whether to waive subsection (a).
            ``(2) Public notification and comment.--
                    ``(A) In general.--Not later than 30 days before 
                making a determination regarding a waiver described in 
                paragraph (1), the Secretary shall provide notification 
                and an opportunity for public comment on the request 
                for such waiver.
                    ``(B) Notification requirements.--The notification 
                required under subparagraph (A) shall--
                            ``(i) describe whether the application is 
                        being made for a waiver described in subsection 
                        (b)(1), (b)(2) or (b)(4); and
                            ``(ii) be provided to the public by 
                        electronic means, including on a public website 
                        of the Department of Transportation.
            ``(3) Determination.--Before a determination described in 
        paragraph (1) takes effect, the Secretary shall publish a 
        detailed justification for such determination that addresses 
        all public comments received under paragraph (2)--
                    ``(A) on the public website of the Department of 
                Transportation; and
                    ``(B) if the Secretary issues a waiver with respect 
                to such determination, in the Federal Register.
            ``(4) Annual report.--Annually, the Secretary shall submit 
        to the Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report listing any waiver 
        issued under paragraph (1) during the preceding year.
    ``(d) Rolling Stock Waiver Conditions.--
            ``(1) Labor costs for final assembly.--In this section, 
        highly skilled labor costs involved in final assembly shall be 
        included as a separate component in the cost of components and 
        subcomponents under subsection (b)(3)(A).
            ``(2) High domestic content component bonus.--In this 
        section, in calculating the domestic content of the rolling 
        stock under subsection (b)(3)(A), the percent, rounded to the 
        nearest whole number, of the domestic content in components of 
        such rolling stock, weighted by cost, shall be used in 
        calculating the domestic content of the rolling stock, except--
                    ``(A) with respect to components that exceed--
                            ``(i) 70 percent domestic content, the 
                        Secretary shall add 10 additional percent to 
                        the component's domestic content when 
                        calculating the domestic content of the rolling 
                        stock; and
                            ``(ii) 75 percent domestic content, the 
                        Secretary shall add 15 additional percent to 
                        the component's domestic content when 
                        calculating the domestic content of the rolling 
                        stock; and
                    ``(B) in no case may a component exceed 100 percent 
                domestic content when calculating the domestic content 
                of the rolling stock.
            ``(3) Rolling stock frames or car shells.--
                    ``(A) Inclusion of costs.--Subject to the 
                substantiation requirement of subparagraph (B), in 
                calculating the cost of the domestic content of the 
                rolling stock under subsection (b)(3), in the case of a 
                rolling stock procurement receiving assistance under 
                this chapter in which the average cost of a rolling 
                stock vehicle in the procurement is more than $300,000, 
                if rolling stock frames or car shells are not produced 
                in the United States, the Secretary shall include in 
                the calculation of the domestic content of the rolling 
                stock the cost of the steel or iron that is produced in 
                the United States and used in the rolling stock frames 
                or car shells.
                    ``(B) Substantiation.--If a rolling stock vehicle 
                manufacturer wishes to include in the calculation of 
                the vehicle's domestic content the cost of steel or 
                iron produced in the United States and used in the 
                rolling stock frames and car shells that are not 
                produced in the United States, the manufacturer shall 
                maintain and provide upon request a mill certification 
                that substantiates the origin of the steel or iron.
            ``(4) Treatment of waived components and subcomponents.--In 
        this section, a component or subcomponent waived under 
        subsection (b) shall be excluded from any part of the 
        calculation required under subsection (b)(3)(A).
            ``(5) Zero-emission vehicle domestic battery cell 
        incentive.--The Secretary shall add 2.5 percent to the total 
        domestic content when calculating the domestic content of the 
        rolling stock for any zero-emission vehicle that uses only 
        battery cells for propulsion that are manufactured 
        domestically.
            ``(6) Prohibition on double counting.--
                    ``(A) In general.--No labor costs included in the 
                cost of a component or subcomponent by the manufacturer 
                of rolling stock may be treated as rolling stock 
                assembly costs for purposes of calculating domestic 
                content.
                    ``(B) Violation.--A violation of this paragraph 
                shall be treated as a false claim under subchapter III 
                of chapter 37 of title 31.
            ``(7) Definition of highly skilled labor costs.--In this 
        subsection, the term `highly skilled labor costs'--
                    ``(A) means the apportioned value of direct wage 
                compensation associated with final assembly activities 
                of workers directly employed by a rolling stock 
                original equipment manufacturer and directly associated 
                with the final assembly activities of a rolling stock 
                vehicle that advance the value or improve the condition 
                of the end product;
                    ``(B) does not include any temporary or indirect 
                activities or those hired via a third-party contractor 
                or subcontractor;
                    ``(C) are limited to metalworking, fabrication, 
                welding, electrical, engineering, and other technical 
                activities requiring training;
                    ``(D) are not otherwise associated with activities 
                required under section 661.11 of title 49, Code of 
                Federal Regulations; and
                    ``(E) includes only activities performed in the 
                United States and does not include that of foreign 
                nationals providing assistance at a United States 
                manufacturing facility.
    ``(e) Certification of Domestic Supply and Disclosure.--
            ``(1) Certification of domestic supply.--If the Secretary 
        denies an application for a waiver under subsection (b)(2), the 
        Secretary shall provide to the applicant a written 
        certification that--
                    ``(A) the steel, iron, or manufactured goods, as 
                applicable, (referred to in this paragraph as the 
                `item') is produced in the United States in a 
                sufficient and reasonably available amount;
                    ``(B) the item produced in the United States is of 
                a satisfactory quality; and
                    ``(C) includes a list of known manufacturers in the 
                United States from which the item can be obtained.
            ``(2) Disclosure.--The Secretary shall disclose the waiver 
        denial and the written certification to the public in the 
        manner described in subsection (c).
    ``(f) Waiver Prohibited.--The Secretary may not make a waiver under 
subsection (b) for goods produced in a foreign country if the 
Secretary, in consultation with the United States Trade Representative, 
decides that the government of that foreign country--
            ``(1) has an agreement with the United States Government 
        under which the Secretary has waived the requirement of this 
        section; and
            ``(2) has violated the agreement by discriminating against 
        goods to which this section applies that are produced in the 
        United States and to which the agreement applies.
    ``(g) Penalty for Mislabeling and Misrepresentation.--A person is 
ineligible under subpart 9.4 of the Federal Acquisition Regulation, or 
any successor thereto, to receive a contract or subcontract made with 
amounts authorized under title II of division B of the INVEST in 
America Act if a court or department, agency, or instrumentality of the 
Government decides the person intentionally--
            ``(1) affixed a `Made in America' label, or a label with an 
        inscription having the same meaning, to goods sold in or 
        shipped to the United States that are used in a project to 
        which this section applies but not produced in the United 
        States; or
            ``(2) represented that goods described in paragraph (1) 
        were produced in the United States.
    ``(h) State Requirements.--The Secretary may not impose any 
limitation on assistance provided under this chapter that restricts a 
State from imposing more stringent requirements than this subsection on 
the use of articles, materials, and supplies mined, produced, or 
manufactured in foreign countries in projects carried out with that 
assistance or restricts a recipient of that assistance from complying 
with those State-imposed requirements.
    ``(i) Opportunity To Correct Inadvertent Error.--The Secretary may 
allow a manufacturer or supplier of steel, iron, or manufactured goods 
to correct after bid opening any certification of noncompliance or 
failure to properly complete the certification (but not including 
failure to sign the certification) under this subsection if such 
manufacturer or supplier attests under penalty of perjury that such 
manufacturer or supplier submitted an incorrect certification as a 
result of an inadvertent or clerical error. The burden of establishing 
inadvertent or clerical error is on the manufacturer or supplier.
    ``(j) Administrative Review.--A party adversely affected by an 
agency action under this subsection shall have the right to seek review 
under section 702 of title 5.
    ``(k) Steel and Iron.--For purposes of this section, steel and iron 
meeting the requirements of section 661.5(b) of title 49, Code of 
Federal Regulations, may be considered produced in the United States.
    ``(l) Definition of Small Purchase.--For purposes of determining 
whether a purchase qualifies for a general public interest waiver under 
subsection (b)(1), including under any regulation promulgated under 
such subsection, the term `small purchase' means a purchase of not more 
than $150,000.
    ``(m) Preaward and Postdelivery Review of Rolling Stock 
Purchases.--
            ``(1) In general.--The Secretary shall prescribe 
        regulations requiring a preaward and postdelivery certification 
        of a rolling stock vehicle that meets the requirements of this 
        section and Government motor vehicle safety requirements to be 
        eligible for a grant under this chapter. For compliance with 
        this section--
                    ``(A) Federal inspections and review are required;
                    ``(B) a manufacturer certification is not 
                sufficient; and
                    ``(C) a rolling stock vehicle that has been 
                certified by the Secretary remains certified until the 
                manufacturer makes a material change to the vehicle, or 
                adjusts the cost of all components of the rolling 
                stock, that reduces, by more than half, the percentage 
                of domestic content above 70 percent.
            ``(2) Certification of percentage.--
                    ``(A) In general.--The Secretary may, at the 
                request of a component or subcomponent manufacturer, 
                certify the percentage of domestic content and place of 
                manufacturing for a component or subcomponent.
                    ``(B) Period of certification.--Any component or 
                subcomponent certified by the Secretary shall remain 
                certified until the manufacturer makes a material 
                change to the domestic content or the place of 
                manufacturing of such component or subcomponent.
            ``(3) Freedom of information act.--In carrying out this 
        subsection, the Secretary shall apply the provisions of section 
        552 of title 5, including subsection (b)(4) of such section.
            ``(4) Noncompliance.--The Secretary shall prohibit 
        recipients from procuring rolling stock, components, or 
        subcomponents from a supplier that intentionally provides false 
        information to comply with this subsection.
    ``(n) Scope.--The requirements of this section apply to all 
contracts for a public transportation project carried out within the 
scope of the applicable finding, determination, or decision under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
regardless of the funding source of such contracts, if at least one 
contract for the public transportation project is funded with amounts 
made available to carry out this chapter.
    ``(o) Buy America Conformity.--The Secretary shall ensure that all 
Federal funds for new commuter rail projects shall comply with this 
section and shall not be subject to section 22905(a).
    ``(p) Audits and Reporting of Waste, Fraud, and Abuse.--
            ``(1) In general.--The Inspector General of the Department 
        of Transportation shall conduct an annual audit on 
        certifications under subsection (m) regarding compliance with 
        Buy America.
            ``(2) Report fraud, waste, and abuse.--The Secretary shall 
        display a `Report Fraud, Waste, and Abuse' button and link to 
        Department of Transportation's Office of Inspector General 
        Hotline on the Federal Transit Administration's Buy America 
        landing page.
            ``(3) Contract requirement.--The Secretary shall require 
        all recipients who enter into contracts to purchase rolling 
        stock with funds provided under this chapter to include in such 
        contract information on how to contact the Department of 
        Transportation's Office of Inspector General Hotline to report 
        suspicions of fraud, waste, and abuse.
    ``(q) Passenger Motor Vehicles.--
            ``(1) In general.--Any domestically manufactured passenger 
        motor vehicle shall be considered to be produced in the United 
        States under this section.
            ``(2) Domestically manufactured passenger motor vehicle.--
        In this subsection, the term `domestically manufactured 
        passenger motor vehicle' means any passenger motor vehicle, as 
        such term is defined in section 32304(a) that--
                    ``(A) has under section 32304(b)(1)(B) its final 
                assembly place in the United States; and
                    ``(B) the percentage (by value) of passenger motor 
                equipment under section 32304(b)(1)(A) equals or 
                exceeds 60 percent value added.
    ``(r) Rolling Stock Components and Subcomponents.--No bus shell, 
railcar frame, or other component or subcomponent that is primarily 
made of steel or iron shall be treated as produced in the United States 
for purposes of subsection (b)(3) or determined to be of domestic 
origin under section 661.11 of title 49, Code of Federal Regulations, 
if the material inputs of such component or subcomponent were imported 
into the United States and the processes performed in the United States 
on the imported articles would not result in a change in the article's 
classification to chapter 86 or 87 of the Harmonized Tariff Schedule of 
the United States from another chapter or a new heading of any chapter 
from the heading under which the article was classified upon entry.
    ``(s) Treatment of Steel and Iron Components as Produced in the 
United States.--Notwithstanding any other provision of any law or any 
rule, regulation, or policy of the Federal Transit Administration, 
steel and iron components of a system, as defined in section 661.3 of 
title 49, Code of Federal Regulations, and of manufactured end products 
referred to in Appendix A of such section, may not be considered to be 
produced in the United States unless such components meet the 
requirements of section 661.5(b) of title 49, Code of Federal 
Regulations.''.
            (2) Clerical amendment.--The analysis for chapter 53 of 
        title 49, United States Code, is amended by inserting before 
        the item relating to section 5321 the following:

``5320. Buy America.''.
            (3) Conforming amendments.--
                    (A) Technical assistance and workforce 
                development.--Section 5314(a)(2)(G) of title 49, United 
                States Code, is amended by striking ``sections 5323(j) 
                and 5323(m)'' and inserting ``section 5320''.
                    (B) Urbanized area formula grants.--Section 
                5307(c)(1)(E) of title 49, United States Code, is 
                amended by inserting ``, 5320,'' after ``5323''.
                    (C) Innovative procurement.--Section 
                3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 5325 note) 
                is amended by striking ``5323(j)'' and inserting 
                ``5320''.
    (b) Bus Rolling Stock.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to revise Appendix B and Appendix D of 
section 661.11 of title 49, Code of Federal Regulations, with respect 
to bus rolling stock to maximize job creation and align such section 
with modern manufacturing techniques.
    (c) Rail Rolling Stock.--Not later than 30 months after the date of 
enactment of this Act, the Secretary shall issue such regulations as 
are necessary to revise subsections (t), (u), and (v) of section 661.11 
of title 49, Code of Federal Regulations, with respect to rail rolling 
stock to maximize job creation and align such section with modern 
manufacturing techniques.
    (d) Rule of Applicability.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        any contract entered into on or after the date of enactment of 
        this Act.
            (2) Delayed applicability of certain provisions.--Contracts 
        described in paragraph (1) shall be subject to the following 
        delayed applicability requirements:
                    (A) Section 5320(m)(2) shall apply to contracts 
                entered into on or after the date that is 30 days after 
                the date of enactment of this Act.
                    (B) Notwithstanding subparagraph (A), section 
                5320(m) shall apply to contracts for the procurement of 
                bus rolling stock beginning on the earlier of--
                            (i) 180 days after the date on which final 
                        regulations are issued pursuant to subsection 
                        (b); or
                            (ii) the date that is 1 year after the date 
                        of enactment of this Act.
                    (C) Notwithstanding subparagraph (A), section 
                5320(m) shall apply to contracts for the procurement of 
                rail rolling stock beginning on the earlier of--
                            (i) 180 days after the date on which final 
                        regulations are issued pursuant to subsection 
                        (c); or
                            (ii) the date that is 2 years after the 
                        date of enactment of this Act.
                    (D) Section 5320(p)(1) shall apply on the date that 
                is 1 year after the latest of the application dates 
                described in subparagraphs (A) through (C).
            (3) Special rule for certain contracts.--For any contract 
        described in paragraph (1) for which the delivery for the first 
        production vehicle occurs before October 1, 2024, paragraphs 
        (1) and (4) of section 5320(d) shall not apply.
            (4) Special rule for battery cell incentives.--For any 
        contract described in paragraph (1) for which the delivery for 
        the first production vehicle occurs before October 1, 2023, 
        section 5320(d)(5) shall not apply.
            (5) Application of existing law.--During any periods 
        described in this subsection, the Secretary shall apply the 
        requirements of sections 5323(j) and 5323(m) of title 49, 
        United States Code, as in effect on the day before the date of 
        enactment of this Act, as applicable.
    (e) Special Rule for Domestic Content.--
            (1) In general.--For the calculation of the percent of 
        domestic content calculated under section 5320(d)(2) for a 
        contract for rolling stock entered into on or after October 1, 
        2021--
                    (A) if the delivery of the first production vehicle 
                occurs in fiscal year 2023 or fiscal year 2024, for 
                components that exceed 70 percent domestic content, the 
                Secretary shall add 20 additional percent to the 
                component's domestic content; and
                    (B) if the delivery of the first production vehicle 
                occurs in fiscal year 2025 or fiscal year 2026--
                            (i) for components that exceed 70 percent 
                        but do not exceed 75 percent domestic content, 
                        the Secretary shall add 15 additional percent 
                        to the component's domestic content; or
                            (ii) for components that exceed 75 percent 
                        domestic content, the Secretary shall add 20 
                        additional percent to the component's domestic 
                        content.
            (2) Contracts after october 1, 2021.--For the calculation 
        of the percent of domestic content calculated under section 
        5320(d)(2) for a contract for rolling stock entered into on or 
        after October 1, 2021 for a vehicle described in section 
        5339(c)(1)(D), and notwithstanding subsection (e)(1), if the 
        delivery of the first production vehicle occurs in fiscal year 
        2023 or 2024, for components that exceed 70 percent domestic 
        content, the Secretary shall add 30 additional percent to the 
        component's domestic content.
            (3) Battery cells.--Paragraph (1) and paragraph (2) of this 
        subsection shall not apply to any contract for rolling stock if 
        the manufacturer of the rolling stock or the manufacturer of 
        the battery cells used for propulsion of the rolling stock is 
        an entity described in 49 USC 5323(u)(1) and (u)(2).

SEC. 2302. BUS PROCUREMENT STREAMLINING.

    Section 5323 of title 49, United States Code, as is amended by 
adding at the end the following:
    ``(x) Bus Procurement Streamlining.--
            ``(1) In general.--The Secretary may only obligate amounts 
        for acquisition of buses under this chapter to a recipient that 
        issues a request for proposals for an open market procurement 
        that meets the following criteria:
                    ``(A) Such request for proposals is limited to 
                performance specifications, except for components or 
                subcomponents identified in the negotiated rulemaking 
                carried out pursuant to this subsection.
                    ``(B) Such request for proposals does not seek any 
                alternative design or manufacture specification of a 
                bus offered by a manufacturer, except to require a 
                component or subcomponent identified in the negotiated 
                rulemaking carried out pursuant to this subsection.
            ``(2) Specific bus component negotiated rulemaking.--
                    ``(A) Initiation.--Not later than 120 days after 
                the date of enactment of the INVEST in America Act, the 
                Secretary shall initiate procedures under subchapter 
                III of chapter 5 of title 5 to negotiate and issue such 
                regulations as are necessary to establish as limited a 
                list as is practicable of bus components and 
                subcomponents described in subparagraph (B).
                    ``(B) List of components.--The regulations required 
                under subparagraph (A) shall establish a list of bus 
                components and subcomponents that may be specified in a 
                request for proposals described in paragraph (1) by a 
                recipient. The Secretary shall ensure the list is 
                limited in scope and limited to only components and 
                subcomponents that cannot be selected with performance 
                specifications to ensure interoperability.
                    ``(C) Publication of proposed regulations.--
                Proposed regulations to implement this section shall be 
                published in the Federal Register by the Secretary not 
                later than 18 months after such date of enactment.
                    ``(D) Committee.--A negotiated rulemaking committee 
                established pursuant to section 565 of title 5 to carry 
                out this paragraph shall have a maximum of 11 members 
                limited to representatives of the Department of 
                Transportation, urban and rural recipients (including 
                State government recipients), and transit vehicle 
                manufacturers.
                    ``(E) Extension of deadlines.--A deadline set forth 
                in subparagraph (C) may be extended up to 180 days if 
                the negotiated rulemaking committee referred to in 
                subparagraph (D) concludes that the committee cannot 
                meet the deadline and the Secretary so notifies the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate.
            ``(3) Savings clause.--Nothing in this section shall be 
        construed to provide additional authority for the Secretary to 
        restrict what a bus manufacturer offers to sell to a public 
        transportation agency.''.

SEC. 2303. BUS TESTING FACILITY.

    Section 5318 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Testing Schedule.--The Secretary shall--
            ``(1) determine eligibility of a bus manufacturer's request 
        for testing within 10 business days; and
            ``(2) make publicly available the current backlog (in 
        months) to begin testing a new bus at the bus testing 
        facility.''.

SEC. 2304. REPAYMENT REQUIREMENT.

    (a) In General.--A transit agency shall repay into the general fund 
of the Treasury any funds received from the Federal Transit 
Administration under section 3401 of the American Rescue Plan Act of 
2021 (Public Law 117-2) if the funds were used to award a contract or 
subcontract to an entity for the procurement of rolling stock for use 
in public transportation if the manufacturer of the rolling stock--
            (1) is incorporated in or has manufacturing facilities in 
        the United States; and
            (2) is owned or controlled by, is a subsidiary of, or is 
        otherwise related legally or financially to a corporation based 
        in a country that--
                    (A) is identified as a nonmarket economy country 
                (as defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of enactment 
                of this subsection;
                    (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                    (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
    (b) Certification.--Not later than 60 days after the date of 
enactment of this section, a transit agency that received funds 
pursuant to the laws specified in subsection (a) shall certify that the 
agency has not and shall not use such funds to purchase rolling stock 
described in subsection (a).

SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING A MAJOR DISASTER.

    (a) In General.--Section 5323 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(y) Urbanized Areas Following a Major Disaster.--
            ``(1) Defined term.--In this subsection, the term 
        `decennial census date' has the meaning given the term in 
        section 141(a) of title 13.
            ``(2) Urbanized area major disaster population criteria.--
        Notwithstanding section 5302, for purposes of this chapter, the 
        Secretary shall treat an area as an urbanized area for the 
        period described in paragraph (3) if--
                    ``(A) a major disaster was declared by the 
                President under section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5170) for the area during the 3-year period preceding 
                the decennial census date for the 2010 decennial census 
                or for any subsequent decennial census;
                    ``(B) the area was defined and designated as an 
                `urbanized area' by the Secretary of Commerce in the 
                decennial census immediately preceding the major 
                disaster described in subparagraph (A); and
                    ``(C) the population of the area fell below 50,000 
                as a result of the major disaster described in 
                subparagraph (A).
            ``(3) Covered period.--The Secretary shall treat an area as 
        an urbanized area under paragraph (2) during the period--
                    ``(A) beginning on--
                            ``(i) in the case of a major disaster 
                        described in paragraph (2)(A) that occurred 
                        during the 3-year period preceding the 
                        decennial census date for the 2010 decennial 
                        census, October 1 of the first fiscal year that 
                        begins after the date of enactment of this 
                        subsection; or
                            ``(ii) in the case of any other major 
                        disaster described in paragraph (2)(A), October 
                        1 of the first fiscal year--
                                    ``(I) that begins after the 
                                decennial census date for the first 
                                decennial census conducted after the 
                                major disaster; and
                                    ``(II) for which the Secretary has 
                                sufficient data from that census to 
                                determine that the area qualifies for 
                                treatment as an urbanized area under 
                                paragraph (2); and
                    ``(B) ending on the day before the first fiscal 
                year--
                            ``(i) that begins after the decennial 
                        census date for the second decennial census 
                        conducted after the major disaster described in 
                        paragraph (2)(A); and
                            ``(ii) for which the Secretary has 
                        sufficient data from that census to determine 
                        which areas are urbanized areas for purposes of 
                        this chapter.
            ``(4) Population calculation.--An area treated as an 
        urbanized area under this subsection shall be assigned the 
        population and square miles of the urbanized area designated by 
        the Secretary of Commerce in the most recent decennial census 
        conducted before the major disaster described in paragraph 
        (2)(A).
            ``(5) Savings provision.--Nothing in this subsection may be 
        construed to affect apportionments made under this chapter 
        before the date of enactment of this subsection.''.
    (b) Amendment Takes Effect on Enactment.--Notwithstanding section 
1001, the amendment made by subsection (a) shall take effect on the 
date of enactment of this Act.

SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK PROCUREMENTS.

    (a) Certification.--Section 5323(u)(4) of title 49, United States 
Code, is amended--
            (1) in subparagraph (A) in the heading by striking``rail''; 
        and
            (2) by adding at the end the following:
                    ``(C) Nonrail rolling stock.--Notwithstanding 
                subparagraph (B) of paragraph (5), as a condition of 
                financial assistance made available in a fiscal year 
                under section 5339, a recipient shall certify in that 
                fiscal year that the recipient will not award any 
                contract or subcontract for the procurement of rolling 
                stock for use in public transportation with a rolling 
                stock manufacturer described in paragraph (1).''.
    (b) Special Rule.--Section 5323(u)(5)(A) of title 49, United States 
Code, (as redesignated by this Act) is amended by striking ``made by a 
public transportation agency with a rail rolling stock manufacturer 
described in paragraph (1)'' and all that follows through the period at 
the end and inserting ``as of December 20, 2019, including options and 
other requirements tied to these contracts or subcontracts, made by a 
public transportation agency with a restricted rail rolling stock 
manufacturer.''.

SEC. 2307. SPARE RATIO WAIVER.

    Section 5323 of title 49, United States Code, is further amended by 
adding at the end the following:
    ``(z) Spare Ratio Waiver.--The Federal Transit Administration shall 
waive spare ratio policies for rolling stock found in FTA Grant 
Management Requirements Circular 5010.1, FTA Circular 9030.1 providing 
Urbanized Area Formula Program guidance, and other guidance documents 
for 2 years from the date of enactment of the INVEST in America Act.''.

                     Subtitle D--Bus Grant Reforms

SEC. 2401. FORMULA GRANTS FOR BUSES.

    Section 5339(a) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and subsection (d)'' after ``In 
                this subsection'';
                    (B) in subparagraph (A) by striking ``term `low or 
                no emission vehicle' has'' and inserting ``term `zero 
                emission vehicle' has'';
                    (C) in subparagraph (B) by inserting ``and the 
                District of Columbia'' after ``United States''; and
                    (D) in subparagraph (C) by striking ``the District 
                of Columbia,'';
            (2) in paragraph (2)(A) by striking ``low or no emission 
        vehicles'' and inserting ``zero emission vehicles'';
            (3) in paragraph (4)--
                    (A) in subparagraph (A) by inserting ``and 
                subsection (d)'' after ``this subsection''; and
                    (B) in subparagraph (B) by inserting ``and 
                subsection (d)'' after ``this subsection'';
            (4) in paragraph (5)(A)--
                    (A) by striking ``$90,500,000'' and inserting 
                ``$156,750,000'';
                    (B) by striking ``2016 through 2020'' and inserting 
                ``2023 through 2026'';
                    (C) by striking ``$1,750,000'' and inserting 
                ``$3,000,000''; and
                    (D) by striking ``$500,000'' and inserting 
                ``$750,000'';
            (5) in paragraph (7) by adding at the end the following:
                    ``(C) Special rule for buses and related equipment 
                for zero emission vehicles.--Notwithstanding 
                subparagraph (A), a grant for a capital project for 
                buses and related equipment for hybrid electric buses 
                that make meaningful reductions in energy consumption 
                and harmful emissions, including direct carbon 
                emissions, and zero emission vehicles under this 
                subsection shall be for 90 percent of the net capital 
                costs of the project. A recipient of a grant under this 
                subsection may provide additional local matching 
                amounts.'';
            (6) in paragraph (8)--
                    (A) by striking ``3 fiscal years'' and inserting 
                ``4 fiscal years''; and
                    (B) by striking ``3-fiscal-year period'' and 
                inserting ``4-fiscal-year period''; and
            (7) by striking paragraph (9).

SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COMPETITIVE GRANTS.

    Section 5339(b) of title 49, United States Code, is amended--
            (1) in the heading by striking ``Buses and Bus Facilities 
        Competitive Grants'' and inserting ``Bus Facilities and Fleet 
        Expansion Competitive Grants'';
            (2) in paragraph (1)--
                    (A) by striking ``buses and'';
                    (B) by inserting ``and certain buses'' after 
                ``capital projects'';
                    (C) in subparagraph (A) by striking ``buses or 
                related equipment'' and inserting ``bus-related 
                facilities''; and
                    (D) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) purchasing or leasing buses that will not 
                replace buses in the applicant's fleet at the time of 
                application and will be used to--
                            ``(i) increase the frequency of bus 
                        service; or
                            ``(ii) increase the service area of the 
                        applicant.'';
            (3) by striking paragraph (2) and inserting the following:
            ``(2) Grant considerations.--In making grants--
                    ``(A) under subparagraph (1)(A), the Secretary 
                shall only consider--
                            ``(i) the age and condition of bus-related 
                        facilities of the applicant compared to all 
                        applicants and proposed improvements to the 
                        resilience (as such term is defined in section 
                        5302) of such facilities;
                            ``(ii) for a facility that, in whole or in 
                        part, encroaches within the limits of a flood-
                        prone area, the extent to which the facility is 
                        designed and constructed in a way that takes 
                        into account, and mitigates where appropriate, 
                        flood risk; and
                            ``(iii) for a bus station, the degree of 
                        multi-modal connections at such station; and
                    ``(B) under paragraph (1)(B), the Secretary shall 
                consider the improvements to headway and projected new 
                ridership.''; and
            (4) in paragraph (6) by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Government share of costs.--
                            ``(i) In general.--The Government share of 
                        the cost of an eligible project carried out 
                        under this subsection shall not exceed 80 
                        percent.
                            ``(ii) Special rule for buses and related 
                        equipment for zero emission vehicles.--
                        Notwithstanding clause (i), the Government 
                        share of the cost of an eligible project for 
                        the financing of buses and related equipment 
                        for hybrid electric buses that make meaningful 
                        reductions in energy consumption and harmful 
                        emissions, including direct carbon emissions, 
                        and zero emission vehicles shall not exceed 90 
                        percent.''.

SEC. 2403. ZERO EMISSION BUS GRANTS.

    (a) In General.--Section 5339(c) of title 49, United States Code, 
is amended--
            (1) in the heading by striking ``Low or No Emission 
        Grants'' and inserting ``Zero Emission Grants'';
            (2) in paragraph (1)--
                    (A) in subparagraph (B)--
                            (i) in the matter preceding clause (i) by 
                        striking ``in an eligible area'';
                            (ii) in clause (i) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                            (iii) in clause (ii) by striking ``low or 
                        no emission'' and inserting ``zero emission'';
                            (iv) in clause (iii) by striking ``low or 
                        no emission'' and inserting ``zero emission'';
                            (v) in clause (iv) by striking ``facilities 
                        and related equipment for low or no emission'' 
                        and inserting ``related equipment for zero 
                        emission'';
                            (vi) in clause (v) by striking ``facilities 
                        and related equipment for low or no emission 
                        vehicles;'' and inserting ``related equipment 
                        for zero emission vehicles; or'';
                            (vii) in clause (vii) by striking ``low or 
                        no emission'' and inserting ``zero emission'';
                            (viii) by striking clause (vi); and
                            (ix) by redesignating clause (vii) as 
                        clause (vi);
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) the term `zero emission bus' means a bus that 
                is a zero emission vehicle;'';
                    (C) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) the term `zero emission vehicle' means a 
                vehicle used to provide public transportation that 
                produces no carbon dioxide or particulate matter;'';
                    (D) in subparagraph (F) by striking ``and'' at the 
                end;
                    (E) by striking subparagraph (G) and inserting the 
                following:
                    ``(G) the term `priority area' means an area that 
                is--
                            ``(i) designated as a nonattainment area 
                        for ozone or particulate matter under section 
                        107(d) of the Clean Air Act (42 U.S.C. 
                        7407(d));
                            ``(ii) a maintenance area, as such term is 
                        defined in section 5303, for ozone or 
                        particulate matter; or
                            ``(iii) in a State that has enacted a 
                        statewide zero emission bus transition 
                        requirement, as determined by the Secretary; 
                        and''; and
                    (F) by adding at the end the following:
                    ``(H) the term `low-income community' means any 
                population census tract if--
                            ``(i) the poverty rate for such tract is at 
                        least 20 percent; or
                            ``(ii) in the case of a tract--
                                    ``(I) not located within a 
                                metropolitan area, the median family 
                                income for such tract does not exceed 
                                80 percent of statewide median family 
                                income; or
                                    ``(II) located within a 
                                metropolitan area, the median family 
                                income for such tract does not exceed 
                                80 percent of the greater statewide 
                                median family income or the 
                                metropolitan area median family 
                                income.'';
            (3) by striking paragraph (5) and inserting the following:
            ``(5) Grant eligibility.--In awarding grants under this 
        subsection, the Secretary shall make grants to eligible 
        projects relating to the acquisition or leasing of equipment 
        for zero-emission buses or zero-emission buses--
                    ``(A) that procure--
                            ``(i) at least 10 zero emission buses;
                            ``(ii) if the recipient operates less than 
                        50 buses in peak service, at least 5 zero 
                        emission buses; or
                            ``(iii) hydrogen buses;
                    ``(B) for which the recipient's board of directors 
                has approved a long-term integrated fleet management 
                plan that--
                            ``(i) establishes--
                                    ``(I) a goal by a set date to 
                                convert the entire bus fleet to zero 
                                emission buses; or
                                    ``(II) a goal that within 10 years 
                                from the date of approval of such plan 
                                the recipient will convert a set 
                                percentage of the total bus fleet of 
                                such recipient to zero emission buses; 
                                and
                            ``(ii) examines the impact of the 
                        transition on the applicant's current 
                        workforce, with a goal of identifying skills 
                        gaps, retraining existing workers to operate 
                        and maintain zero-emission vehicles and related 
                        infrastructure, and avoiding the displacement 
                        of the existing workforce; and
                    ``(C) for which the recipient has performed a fleet 
                transition study that includes optimal route planning 
                and an analysis of how utility rates may impact the 
                recipient's operations and maintenance budget.''; and
            (4) by adding at the end the following:
            ``(8) Low and moderate community grants.--Not less than 10 
        percent of the amounts made available under this subsection in 
        a fiscal year shall be distributed to projects serving 
        predominantly low-income communities.
            ``(9) Priority set-aside.--Of the amounts made available 
        under this subsection in a fiscal year, not less than--
                    ``(A) 20 percent shall be distributed to applicants 
                in priority areas; and
                    ``(B) 10 percent shall be distributed to applicants 
                not located in priority areas whose board of directors 
                have approved a long-term integrated fleet management 
                plan that establishes a goal to convert 100 percent of 
                their bus fleet to zero-emission buses within 15 
                years.''.
    (b) Metropolitan Transportation Planning.--Section 5303(b) of title 
49, United States Code, is amended by adding at the end the following:
            ``(9) Maintenance area.--The term `maintenance area' has 
        the meaning given the term in sections 171(2) and 175A of the 
        Clean Air Act (42 U.S.C. 7501(2); 7505a).''.

SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FORMULA SUBGRANT.

    Section 5339 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Restoration to State of Good Repair Formula Subgrant.--
            ``(1) General authority.--The Secretary may make grants 
        under this subsection to assist eligible recipients and 
        subrecipients described in paragraph (2) in financing capital 
        projects to replace, rehabilitate, and purchase buses and 
        related equipment.
            ``(2) Eligible recipients and subrecipients.--Not later 
        than September 1 annually, the Secretary shall make public a 
        list of eligible recipients and subrecipients based on the most 
        recent data available in the National Transit Database to 
        calculate the 20 percent of eligible recipients and 
        subrecipients with the highest percentage of asset vehicle 
        miles for buses beyond the useful life benchmark established by 
        the Federal Transit Administration.
            ``(3) Urban apportionments.--Funds allocated under section 
        5338(a)(2)(L)(ii) shall be--
                    ``(A) distributed to--
                            ``(i) designated recipients in an urbanized 
                        area with a population of more than 200,000 
                        made eligible by paragraph (1); and
                            ``(ii) States based on subrecipients made 
                        eligible by paragraph (1) in an urbanized area 
                        under 200,000; and
                    ``(B) allocated pursuant to the formula set forth 
                in section 5336 other than subsection (b), using the 
                data from the 20 percent of eligible recipients and 
                subrecipients.
            ``(4) Rural allocation.--The Secretary shall--
                    ``(A) calculate the percentage of funds under 
                section 5338(a)(2)(L)(ii) to allocate to rural 
                subrecipients by dividing--
                            ``(i) the asset vehicle miles for buses 
                        beyond the useful life benchmark (established 
                        by the Federal Transit Administration) of the 
                        rural subrecipients described in paragraph (2); 
                        by
                            ``(ii) the total asset vehicle miles for 
                        buses beyond such benchmark of all eligible 
                        recipients and subrecipients described in 
                        paragraph (2); and
                    ``(B) prior to the allocation described in 
                paragraph (3)(B), apportion to each State the amount of 
                the total rural allocation calculated under 
                subparagraph (A) attributable to such State based the 
                proportion that--
                            ``(i) the asset vehicle miles for buses 
                        beyond the useful life benchmark (established 
                        by the Federal Transit Administration) for 
                        rural subrecipients described in paragraph (2) 
                        in such State; bears to
                            ``(ii) the total asset vehicle miles 
                        described in subparagraph (A)(i).
            ``(5) Application of other provisions.--Paragraphs (3), 
        (7), and (8) of subsection (a) shall apply to eligible 
        recipients and subrecipients described in paragraph (2) of a 
        grant under this subsection.
            ``(6) Prohibition.--No eligible recipient or subrecipient 
        outside the top 5 percent of asset vehicle miles for buses 
        beyond the useful life benchmark established by the Federal 
        Transit Administration may receive a grant in both fiscal year 
        2023 and fiscal year 2024.
            ``(7) Requirement.--The Secretary shall require--
                    ``(A) States to expend, to the benefit of the 
                subrecipients eligible under paragraph (2), the 
                apportioned funds attributed to such subrecipients; and
                    ``(B) designated recipients to provide the 
                allocated funds to the recipients eligible under 
                paragraph (2) the apportioned funds attributed to such 
                recipients.''.

SEC. 2405. WORKFORCE DEVELOPMENT TRAINING GRANTS.

    Section 5339 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Workforce Development Training Grants.--
            ``(1) In general.--Not less than 12.5 percent of funds 
        authorized to be made available for subsection (c) shall be 
        available to fund workforce development training eligible under 
        section 5314(b)(2) (including registered apprenticeships and 
        other labor-management training programs), related to 
        operations or maintenance of zero emission vehicles.
            ``(2) Eligible recipients.--Recipients eligible under 
        subsection (c) shall be eligible to receive a grant under this 
        subsection.
            ``(3) Federal share.--The Federal share of the cost of an 
        eligible project carried out under this subsection shall be 100 
        percent.''.

                   Subtitle E--Supporting All Riders

SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.

    Section 5336(j) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``75 percent'' and 
        inserting ``50 percent'';
            (2) in paragraph (2) by striking ``25 percent'' and 
        inserting ``12.5 percent''; and
            (3) by adding at the end the following:
            ``(3) 30 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population of 
        200,000 or more in the ratio that--
                    ``(A) the number of individuals in each such 
                urbanized area residing in an urban census tract with a 
                poverty rate of at least 20 percent during the 5 years 
                most recently ending; bears to
                    ``(B) the number of individuals in all such 
                urbanized areas residing in an urban census tract with 
                a poverty rate of at least 20 percent during the 5 
                years most recently ending; and
            ``(4) 7.5 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population 
        less than 200,000 in the ratio that--
                    ``(A) the number of individuals in each such 
                urbanized area residing in an urban census tract with a 
                poverty rate of at least 20 percent during the 5 years 
                most recently ending; bears to
                    ``(B) the number of individuals in all such areas 
                residing in an urban census tract with a poverty rate 
                of at least 20 percent during the 5 years most recently 
                ending.''.

SEC. 2502. RURAL PERSISTENT POVERTY FORMULA.

    Section 5311 of title 49, United States Code, as amended in section 
2204, is further amended--
            (1) in subsection (a) by adding at the end the following:
            ``(3) Persistent poverty county.--The term `persistent 
        poverty county' means any county with a poverty rate of at 
        least 20 percent--
                    ``(A) as determined in each of the 1990 and 2000 
                decennial censuses;
                    ``(B) in the Small Area Income and Poverty 
                Estimates of the Bureau of the Census for the most 
                recent year for which the estimates are available; and
                    ``(C) has at least 25 percent of its population in 
                rural areas.'';
            (2) in subsection (b)(2)(C)(i) by inserting ``and 
        persistent poverty counties'' before the semicolon; and
            (3) in subsection (c) by striking paragraph (2) and 
        inserting the following:
            ``(2) Persistent poverty public transportation assistance 
        program.--
                    ``(A) In general.--The Secretary shall carry out a 
                public transportation assistance program for areas of 
                persistent poverty.
                    ``(B) Apportionment.--Of amounts made available or 
                appropriated for each fiscal year under section 
                5338(a)(2)(E)(ii) to carry out this paragraph, the 
                Secretary shall apportion funds to recipients for 
                service in, or directly benefitting, persistent poverty 
                counties for any eligible purpose under this section in 
                the ratio that--
                            ``(i) the number of individuals in each 
                        such rural area residing in a persistent 
                        poverty county; bears to
                            ``(ii) the number of individuals in all 
                        such rural areas residing in a persistent 
                        poverty county.''.

SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT REDUCED FARE TRANSIT.

    Section 5312 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) Demonstration Grants To Support Reduced Fare Transit.--
            ``(1) In general.--Not later than 300 days after the date 
        of enactment of the INVEST in America Act, the Secretary shall 
        award grants (which shall be known as `Access to Jobs Grants') 
        to eligible entities, on a competitive basis, to implement 
        reduced fare transit service.
            ``(2) Notice.--Not later than 180 days after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        provide notice to eligible entities of the availability of 
        grants under paragraph (1).
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an eligible recipient shall submit to the 
        Secretary an application containing such information as the 
        Secretary may require, including, at a minimum, the following:
                    ``(A) A description of how the eligible entity 
                plans to implement reduced fare transit access with 
                respect to low-income individuals, including any 
                eligibility requirements for such transit access.
                    ``(B) A description of how the eligible entity will 
                consult with local community stakeholders, labor 
                unions, local education agencies and institutions of 
                higher education, public housing agencies, and 
                workforce development boards in the implementation of 
                reduced fares.
                    ``(C) A description of the eligible entity's 
                current fare evasion enforcement policies, including 
                how the eligible entity plans to use the reduced fare 
                program to reduce fare evasion.
                    ``(D) An estimate of additional costs to such 
                eligible entity as a result of reduced transit fares.
                    ``(E) A plan for a public awareness campaign of the 
                transit agency's ability to provide reduced fares, 
                including in foreign languages, based on--
                            ``(i) data from the Bureau of the Census, 
                        consistent with the local area demographics 
                        where the transit agency operates, including 
                        the languages that are most prevalent and 
                        commonly requested for translation services; or
                            ``(ii) qualitative and quantitative 
                        observation from community service providers 
                        including those that provide health and mental 
                        health services, social services, 
                        transportation, and other relevant social 
                        services.
                    ``(F) Projected impacts on ridership.
                    ``(G) Projected benefits in closing transit equity 
                gaps.
            ``(4) Grant duration.--Grants awarded under this subsection 
        shall be for a 2-year period.
            ``(5) Selection of eligible recipients.--In carrying out 
        the program under this subsection, the Secretary shall award 
        not more than 20 percent of grants to eligible entities located 
        in rural areas.
            ``(6) Uses of funds.--An eligible entity receiving a grant 
        under this subsection shall use such grant to implement a 
        reduced fare transit program and offset lost fare revenue.
            ``(7) Rule of construction.--Nothing in this section shall 
        be construed to limit the eligibility of an applicant if a 
        State, local, or Tribal governmental entity provides reduced 
        fare transportation to low-income individuals.
            ``(8) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means a State, local, or Tribal governmental entity 
                that operates a public transportation service and is a 
                recipient or subrecipient of funds under this chapter.
                    ``(B) Low-income individual.--The term `low-income 
                individual' means an individual--
                            ``(i) that has qualified for--
                                    ``(I) any program of medical 
                                assistance under a State plan or under 
                                a waiver of the plan under title XIX of 
                                the Social Security Act (42 U.S.C. 1396 
                                et seq.);
                                    ``(II) supplemental nutrition 
                                assistance program (SNAP) under the 
                                Food and Nutrition Act of 2008 (7 
                                U.S.C. 2011 et seq.);
                                    ``(III) the program of block grants 
                                for States for temporary assistance for 
                                needy families (TANF) established under 
                                part A of title IV of the Social 
                                Security Act (42 U.S.C. 601 et seq.);
                                    ``(IV) the free and reduced price 
                                school lunch program established under 
                                the Richard B. Russell National School 
                                Lunch Act (42 U.S.C. 1751 et seq.);
                                    ``(V) a housing voucher through 
                                section 8(o) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(o));
                                    ``(VI) benefits under the Low-
                                Income Home Energy Assistance Act of 
                                1981;
                                    ``(VII) special supplemental food 
                                program for women, infants and children 
                                (WIC) under section 17 of the Child 
                                Nutrition Act of 1966 (42 U.S.C. 1786); 
                                or
                                    ``(VIII) a Federal Pell Grant under 
                                section 401 of the Higher Education Act 
                                of 1965 (20 U.S.C. 1070a); or
                            ``(ii) whose family income is at or below a 
                        set percent (as determined by the eligible 
                        recipient) of the poverty line (as that term is 
                        defined in section 673(2) of the Community 
                        Service Block Grant Act (42 U.S.C. 9902(2)), 
                        including any revision required by that 
                        section) for a family of the size involved.
            ``(9) Report.--The Secretary shall designate a university 
        transportation center under section 5505 to collaborate with 
        the eligible entities receiving a grant under this subsection 
        to collect necessary data to evaluate the effectiveness of 
        meeting the targets described in the application of such 
        recipient, including increased ridership, impacts on fare 
        evasion, and progress towards significantly closing transit 
        equity gaps.''.

SEC. 2504. EQUITY IN TRANSIT SERVICE PLANNING.

    (a) Best Practices.--
            (1) In general.--
                    (A) Assistance to providers of public transit.--Not 
                later than 180 days after the date of enactment of this 
                Act, the Secretary of Transportation shall issue 
                nonbinding best practices to assist providers of public 
                transportation in setting the threshold for a major 
                service change as described in Circular 4702.1B of the 
                Federal Transit Administration.
                    (B)  Specific providers of public transit.--For the 
                purposes of this section, the term ``providers of 
                public transportation'' means providers that operate 50 
                or more fixed route vehicles in peak service and are 
                located in an urbanized area of 200,000 or more in 
                population.
            (2) Best practices.--In developing the best practices 
        described in paragraph (1), the Secretary--
                    (A) shall issue specific recommendations for 
                setting the threshold of a major service change, which 
                shall include, at a minimum, recommendations related 
                to--
                            (i) changes in hours of operations, 
                        including consideration of changes during 
                        nonpeak hours;
                            (ii) changes in the frequency of service;
                            (iii) changes in coverage, including the 
                        opening and closing of stations and stops and 
                        the changing of routes; and
                            (iv) the use of route-specific analyses in 
                        addition to service-area level analyses;
                    (B) shall recommend specific percentage change 
                standards for the elements described in clauses (i), 
                (ii), and (iii) of subparagraph (A) to assist providers 
                of public transportation in setting the threshold for a 
                major service change in a manner that ensures 
                meaningful analyses and the provision of equitable 
                service; and
                    (C) may issue different best practices for 
                providers of public transportation of different sizes 
                and service types.
    (b) Transit Cooperative Research Program Report.--
            (1) Review.--Not later than 3 years after the issuance of 
        the best practices described in subsection (a), the Transit 
        Cooperative Research Program of the National Academy of 
        Sciences shall conduct a review of the manner in which 
        providers of public transportation define the threshold for a 
        major service change for purposes of compliance with Circular 
        4702.1B of the Federal Transit Administration, including--
                    (A) a survey of the standards used by providers of 
                public transportation to define the threshold for a 
                major service change;
                    (B) a review of the differences in standards used 
                to define the threshold for a major service change for 
                providers of public transportation of different sizes 
                and service types;
                    (C) information on the considerations used by 
                providers of public transportation when defining the 
                threshold for a major service change; and
                    (D) the extent to which providers of public 
                transportation are using the best practices described 
                in subsection (a).
            (2) Report.--After the completion of the review described 
        in paragraph (1), the National Academy of Sciences shall issue 
        a report on the findings of the review and submit such report 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate.

SEC. 2505. GAO STUDY ON FARE-FREE TRANSIT.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on the provision of fare-free transit service in the 
United States, including an assessment of--
            (1) the extent to which fare-free transit is available in 
        the United States; and
            (2) the potential impacts of fare-free transit, which may 
        include--
                    (A) increased transit ridership;
                    (B) improved access to transportation for low-
                income riders and marginalized communities;
                    (C) improved access to jobs and services;
                    (D) enhanced equity of the surface transportation 
                system;
                    (E) reductions in disputes or law enforcement 
                actions related to transit fares;
                    (F) environmental impacts;
                    (G) safety considerations; and
                    (H) the challenges of replacing farebox revenue.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Banking, Housing, and Urban Affairs of the Senate a 
report containing the results of the study conducted under subsection 
(a).

     Subtitle F--Supporting Frontline Workers and Passenger Safety

SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE TRAINING CENTER.

    Section 5314(b) of title 49, United States Code, is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) National transit frontline workforce training 
        center.--
                    ``(A) Establishment.--The Secretary shall establish 
                a national transit frontline workforce training center 
                (hereinafter referred to as the `Center') and enter 
                into a cooperative agreement with a nonprofit 
                organization with a demonstrated capacity to develop 
                and provide transit career pathway programs through 
                labor-management partnerships and registered 
                apprenticeships on a nationwide basis, in order to 
                carry out the duties under subparagraph (B). The Center 
                shall be dedicated to the needs of the frontline 
                transit workforce in both rural and urban transit 
                systems by providing training in the maintenance and 
                operations occupations based on industry best 
                practices.
                    ``(B) Duties.--
                            ``(i) In general.--In cooperation with the 
                        Administrator of the Federal Transit 
                        Administration, public transportation 
                        authorities, and national entities, the Center 
                        shall develop and conduct training and 
                        educational programs for frontline local 
                        transportation employees of recipients eligible 
                        for funds under this chapter.
                            ``(ii) Training and educational programs.--
                        The training and educational programs developed 
                        under clause (i) may include courses in recent 
                        developments, techniques, and procedures 
                        related to--
                                    ``(I) developing consensus national 
                                training standards, skills, 
                                competencies, and recognized 
                                postsecondary credentials in 
                                partnership with industry stakeholders 
                                for key frontline transit occupations 
                                with demonstrated skill gaps;
                                    ``(II) developing recommendations 
                                and best practices for curriculum and 
                                recognized postsecondary credentials, 
                                including related instruction and on-
                                the-job learning for registered 
                                apprenticeship programs for transit 
                                maintenance and operations occupations;
                                    ``(III) building local, regional, 
                                and statewide transit training 
                                partnerships to identify and address 
                                workforce skill gaps and develop 
                                skills, competencies, and recognized 
                                postsecondary credentials needed for 
                                delivering quality transit service and 
                                supporting employee career advancement;
                                    ``(IV) developing programs for 
                                training of transit frontline workers, 
                                instructors, mentors, and labor-
                                management partnership representatives, 
                                in the form of classroom, hands-on, on-
                                the-job, and web-based training, 
                                delivered at a national center, 
                                regionally, or at individual transit 
                                agencies;
                                    ``(V) developing training programs 
                                for skills and competencies related to 
                                existing and emerging transit 
                                technologies, including zero emission 
                                buses;
                                    ``(VI) developing improved capacity 
                                for safety, security, and emergency 
                                preparedness in local transit systems 
                                and in the industry as a whole 
                                through--
                                            ``(aa) developing the role 
                                        of the transit frontline 
                                        workforce in building and 
                                        sustaining safety culture and 
                                        safety systems in the industry 
                                        and in individual public 
                                        transportation systems; and
                                            ``(bb) training to address 
                                        transit frontline worker roles 
                                        in promoting health and safety 
                                        for transit workers and the 
                                        riding public;
                                    ``(VII) developing local transit 
                                capacity for career pathways programs 
                                with schools and other community 
                                organizations for recruiting and 
                                training under-represented populations 
                                as successful transit employees who can 
                                develop careers in the transit 
                                industry;
                                    ``(VIII) in collaboration with the 
                                Administrator of the Federal Transit 
                                Administration, the Bureau of Labor 
                                Statistics, the Employment and Training 
                                Adminstration, and organizations 
                                representing public transit agencies, 
                                conducting and disseminating research 
                                to--
                                            ``(aa) provide transit 
                                        workforce job projections and 
                                        identify training needs and 
                                        gaps;
                                            ``(bb) determine the most 
                                        cost-effective methods for 
                                        transit workforce training and 
                                        development, including return 
                                        on investment analysis;
                                            ``(cc) identify the most 
                                        effective methods for 
                                        implementing successful safety 
                                        systems and a positive safety 
                                        culture; and
                                            ``(dd) promote transit 
                                        workforce best practices for 
                                        achieving cost-effective, 
                                        quality, safe, and reliable 
                                        public transportation services; 
                                        and
                                    ``(IX) providing culturally 
                                competent training and educational 
                                programs to all who participate, 
                                regardless of gender, sexual 
                                orientation, or gender identity, 
                                including those with limited English 
                                proficiency, diverse cultural and 
                                ethnic backgrounds, and disabilities.
                    ``(C) Coordination.--The Secretary shall coordinate 
                activities under this section, to the maximum extent 
                practicable, with the Employment and Training 
                Administration, including the National Office of 
                Apprenticeship of the Department of Labor and the 
                Office of Career, Technical, and Adult Education of the 
                Department of Education.
                    ``(D) Availability of amounts.--
                            ``(i) In general.--Not more than 1 percent 
                        of amounts made available to a recipient under 
                        sections 5307, 5337, and 5339 and not more than 
                        2 percent of amounts made available to a 
                        recipient under section 5311 is available for 
                        expenditures by the recipient, with the 
                        approval of the Secretary, to pay not more than 
                        80 percent of the cost of eligible activities 
                        under this subsection.
                            ``(ii) Existing programs.--A recipient may 
                        use amounts made available under clause (i) to 
                        carry out existing local education and training 
                        programs for public transportation employees 
                        supported by the Secretary, the Department of 
                        Labor, or the Department of Education.
                            ``(iii) Limitation.--Any funds made 
                        available under this section that are used to 
                        fund an apprenticeship or apprenticeship 
                        program shall only be used for, or provided to, 
                        a registered apprenticeship program, including 
                        any funds awarded for the purposes of grants, 
                        contracts, or cooperative agreements, or the 
                        development, implementation, or administration, 
                        of an apprenticeship or an apprenticeship 
                        program.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) Career pathway.--The term `career 
                        pathway' has the meaning given such term in 
                        section 3 of the Workforce Innovation and 
                        Opportunity Act (29 U.S.C. 3102).
                            ``(ii) Recognized postsecondary 
                        credential.--The term `recognized postsecondary 
                        credential' has the meaning given such term in 
                        section 3 of the Workforce Innovation and 
                        Opportunity Act (29 U.S.C. 3102).
                            ``(iii) Registered apprenticeship 
                        program.--The term `registered apprenticeship 
                        program' means an apprenticeship program 
                        registered with the Department of Labor or a 
                        Federally-recognized State Apprenticeship 
                        Agency and that complies with the requirements 
                        under parts 29 and 30 of title 29, Code of 
                        Federal Regulations, as in effect on January 1, 
                        2019.'';
            (2) in paragraph (3) by striking ``or (2)''; and
            (3) by striking paragraph (4).

SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM.

    Section 5329 of title 49, United States Code, is amended--
            (1) in subsection (b)(2)(C)(ii)--
                    (A) in subclause (I) by striking ``and'' at the 
                end;
                    (B) in subclause (II) by striking the semicolon and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                                    ``(III) innovations in driver 
                                assistance technologies and driver 
                                protection infrastructure where 
                                appropriate, and a reduction in 
                                visibility impairments that contribute 
                                to pedestrian fatalities;'';
            (2) in subsection (b)(2)--
                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (E) and (F), respectively; and
                    (B) by adding at the end the following:
                    ``(D) in consultation with the Secretary of the 
                Department of Health and Human Services, precautionary 
                and reactive actions required to ensure public and 
                personnel safety and health during an emergency as 
                defined in section 5324.''.
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by inserting ``the 
                        safety committee established under paragraph 
                        (4), and subsequently,'' before ``the board of 
                        directors'';
                            (ii) in subparagraph (C) by striking 
                        ``public, personnel, and property'' and 
                        inserting ``public and personnel to injuries, 
                        assaults, fatalities, and, consistent with 
                        guidelines by the Centers for Disease Control 
                        and Prevention, infectious diseases, and 
                        strategies to minimize the exposure of 
                        property'';
                            (iii) by striking subparagraph (G) and 
                        inserting the following:
                    ``(G) a comprehensive staff training program for 
                the operations and maintenance personnel and personnel 
                directly responsible for safety of the recipient that 
                includes--
                            ``(i) the completion of a safety training 
                        program;
                            ``(ii) continuing safety education and 
                        training; and
                            ``(iii) de-escalation training;
                    ``(H) a requirement that the safety committee only 
                approve a safety plan under subparagraph (A) if such 
                plan stays within such recipient's fiscal budget; and
                    ``(I) a risk reduction program for transit 
                operations to improve safety by reducing the number and 
                rates of accidents, injuries, and assaults on transit 
                workers using data submitted to the National Transit 
                Database, including--
                            ``(i) a reduction of vehicular and 
                        pedestrian accidents involving buses that 
                        includes measures to reduce visibility 
                        impairments for bus operators that contribute 
                        to accidents, including retrofits to buses in 
                        revenue service and specifications for future 
                        procurements that reduce visibility 
                        impairments; and
                            ``(ii) transit worker assault mitigation, 
                        including the deployment of assault mitigation 
                        infrastructure and technology on buses, 
                        including barriers to restrict the unwanted 
                        entry of individuals and objects into bus 
                        operators' workstations when a recipient's risk 
                        analysis performed by the safety committee 
                        established in paragraph (4) determines that 
                        such barriers or other measures would reduce 
                        assaults on and injuries to transit workers; 
                        and''; and
                    (B) by adding at the end the following:
            ``(4) Safety committee.--For purposes of the approval 
        process of an agency safety plan under paragraph (1), the 
        safety committee shall be convened by a joint labor-management 
        process and consist of an equal number of--
                    ``(A) frontline employee representatives, selected 
                by the labor organization representing the plurality of 
                the frontline workforce employed by the recipient or if 
                applicable a contractor to the recipient; and
                    ``(B) employer or State representatives.''; and
            (4) in subsection (e)(4)(A)(v) by inserting ``, 
        inspection,'' after ``has investigative''.

SEC. 2603. INNOVATION WORKFORCE STANDARDS.

    (a) Prohibition on Use of Funds.--No financial assistance under 
chapter 53 of title 49, United States Code, may be used for--
            (1) an automated vehicle providing public transportation 
        unless--
                    (A) the recipient of such assistance that proposes 
                to deploy an automated vehicle providing public 
                transportation certifies to the Secretary of 
                Transportation that the deployment does not eliminate 
                or reduce the frequency of existing public 
                transportation service; and
                    (B) the Secretary receives, approves, and publishes 
                the workforce development plan under subsection (b) 
                submitted by the eligible entity when required by 
                subsection (b)(1); and
            (2) a mobility on demand service unless--
                    (A) the recipient of such assistance that proposes 
                to deploy a mobility on demand service certifies to the 
                Secretary that the service meets the criteria under 
                section 5307, 5310, 5311, 5312, or 5316 of title 49, 
                United States Code; and
                    (B) the Secretary receives, approves, and publishes 
                the workforce development plan under subsection (b) 
                submitted by the eligible entity when required by 
                subsection (b)(1).
    (b) Workforce Development Plan.--
            (1) In general.--A recipient of financial assistance under 
        chapter 53 of title 49, United States Code, proposing to deploy 
        an automated vehicle providing public transportation or 
        mobility on demand service shall submit to the Secretary, prior 
        to implementation of such service, a workforce development plan 
        if such service, combined with any other automated vehicle 
        providing public transportation or mobility on demand service 
        offered by such recipient, would exceed more than 0.5 percent 
        of the recipient's total annual transit passenger miles 
        traveled.
            (2) Contents.--The workforce development plan under 
        subsection (a) shall include the following:
                    (A) A description of services offered by existing 
                conventional modes of public transportation in the area 
                served by the recipient that could be affected by the 
                proposed automated vehicle providing public 
                transportation or mobility on demand service, including 
                jobs and functions of such jobs.
                    (B) A forecast of the number of jobs provided by 
                existing conventional modes of public transportation 
                that would be eliminated or that would be substantially 
                changed and the number of jobs expected to be created 
                by the proposed automated vehicle providing public 
                transportation or mobility on demand service over a 5-
                year period from the date of the publication of the 
                workforce development plan.
                    (C) Identified gaps in skills needed to operate and 
                maintain the proposed automated vehicle providing 
                public transportation or mobility on demand service.
                    (D) A comprehensive plan to transition, train, or 
                retrain employees that could be affected by the 
                proposed automated vehicle providing public 
                transportation or mobility on demand service.
                    (E) An estimated budget to transition, train, or 
                retrain employees impacted by the proposed automated 
                vehicle providing public transportation or mobility on 
                demand service over a 5-year period from the date of 
                the publication of the workforce development plan.
    (c) Notice Required.--
            (1) In general.--A recipient of financial assistance under 
        chapter 53 of title 49, United States Code, shall issue a 
        notice to employees who, due to the use of an automated vehicle 
        providing public transportation or mobility on demand service, 
        may be subjected to a loss of employment or a change in 
        responsibilities not later than 60 days before signing a 
        contract for such service or procurement. A recipient shall 
        provide employees copies of a request for a proposal related to 
        an automated vehicle providing public transportation or 
        mobility on demand services at the time such request is issued.
            (2) Content.--The notice required in paragraph (1) shall 
        include the following:
                    (A) A description of the automated vehicle 
                providing public transportation or mobility on demand 
                service.
                    (B) The impact of the automated vehicle providing 
                public transportation or mobility on demand service on 
                employment positions, including a description of which 
                employment positions will be affected and whether any 
                new positions will be created.
    (d) Definitions.--In this section:
            (1) Automated vehicle.--The term ``automated vehicle'' 
        means a motor vehicle that--
                    (A) is capable of performing the entire task of 
                driving (including steering, accelerating and 
                decelerating, and reacting to external stimulus) 
                without human intervention; and
                    (B) is designed to be operated exclusively by a 
                Level 4 or Level 5 automated driving system for all 
                trips according to the recommended practice standards 
                published on June 15, 2018, by the Society of 
                Automotive Engineers International (J3016_201806) or 
                equivalent standards adopted by the Secretary with 
                respect to automated motor vehicles.
            (2) Mobility on demand.--The term ``mobility on demand'' 
        has the meaning given such term in section 5316 of title 49, 
        United States Code.
            (3) Public transportation.--The term ``public 
        transportation'' has the meaning given such term in section 
        5302 of title 49, United States Code.
    (e) Savings Clause.--Nothing in this section shall prohibit the use 
of funds for an eligible activity or pilot project of a covered 
recipient authorized under current law prior to the date of enactment 
of this Act.

SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET ASIDES.

    Section 5329(d)(2) of title 49, United States Code, is amended to 
read as follows:
            ``(2) Safety committee performance measures.--
                    ``(A) In general.--The safety committee described 
                in paragraph (4) shall establish performance measures 
                for the risk reduction program in paragraph (1)(I) 
                using a 3-year rolling average of the data submitted by 
                the recipient to the National Transit Database.
                    ``(B) Safety set aside.--With respect to a 
                recipient serving an urbanized area that receives funds 
                under section 5307, such recipient shall allocate not 
                less than 0.75 percent of such funds to projects 
                eligible under section 5307.
                    ``(C) Failure to meet performance measures.--Any 
                recipient that receives funds under section 5307 that 
                does not meet the performance measures established in 
                subparagraph (A) shall allocate the amount made 
                available in subparagraph (B) in the following fiscal 
                year to projects described in subparagraph (D).
                    ``(D) Eligible projects.--Funds set aside under 
                this paragraph shall be used for projects that are 
                reasonably likely to meet the performance measures 
                established in subparagraph (A), including 
                modifications to rolling stock and de-escalation 
                training.''.

SEC. 2605. U.S. EMPLOYMENT PLAN.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 5341. U.S. Employment Plan
    ``(a) Definitions.--In this section:
            ``(1) Commitment to high-quality career and business 
        opportunities.--The term `commitment to high-quality career and 
        business opportunities' means participation in a registered 
        apprenticeship program.
            ``(2) Covered infrastructure program.--The term `covered 
        infrastructure program' means any activity under program or 
        project under this chapter for the purchase or acquisition of 
        rolling stock.
            ``(3) U.S. employment plan.--The term `U.S. Employment 
        Plan' means a plan under which an entity receiving Federal 
        assistance for a project under a covered infrastructure program 
        shall--
                    ``(A) include in a request for proposal an 
                encouragement for bidders to include, with respect to 
                the project--
                            ``(i) high-quality wage, benefit, and 
                        training commitments by the bidder and the 
                        supply chain of the bidder for the project; and
                            ``(ii) a commitment to recruit and hire 
                        individuals described in subsection (e) if the 
                        project results in the hiring of employees not 
                        currently or previously employed by the bidder 
                        and the supply chain of the bidder for the 
                        project;
                    ``(B) give preference for the award of the contract 
                to a bidder that includes the commitments described in 
                clauses (i) and (ii) of subparagraph (A); and
                    ``(C) ensure that each bidder that includes the 
                commitments described in clauses (i) and (ii) of 
                subparagraph (A) that is awarded a contract complies 
                with those commitments.
            ``(4) Registered apprenticeship program.--The term 
        `registered apprenticeship program' means an apprenticeship 
        program registered under the Act of August 16, 1937 (commonly 
        known as the `National Apprenticeship Act'; 50 Stat. 664, 
        chapter 663; 29 U.S.C. 50 et seq.), including any requirement, 
        standard, or rule promulgated under such Act, as such 
        requirement, standard, or rule was in effect on December 30, 
        2019.
    ``(b) Best-Value Framework.--To the maximum extent practicable, a 
recipient of assistance under a covered infrastructure program is 
encouraged--
            ``(1) to ensure that each dollar invested in infrastructure 
        uses a best-value contracting framework to maximize the local 
        value of federally funded contracts by evaluating bids on price 
        and other technical criteria prioritized in the bid, such as--
                    ``(A) equity;
                    ``(B) environmental and climate justice;
                    ``(C) impact on greenhouse gas emissions;
                    ``(D) resilience;
                    ``(E) the results of a 40-year life-cycle analysis;
                    ``(F) safety;
                    ``(G) commitment to creating or sustaining high-
                quality job opportunities affiliated with registered 
                apprenticeship programs (as defined in subsection 
                (a)(3)) for disadvantaged or underrepresented 
                individuals in infrastructure industries in the United 
                States; and
                    ``(H) access to jobs and essential services by all 
                modes of travel for all users, including individuals 
                with disabilities; and
            ``(2) to ensure community engagement, transparency, and 
        accountability in carrying out each stage of the project.
    ``(c) Preference for Registered Apprenticeship Programs.--To the 
maximum extent practicable, a recipient of assistance under a covered 
infrastructure program, with respect to the project for which the 
assistance is received, shall give preference to a bidder that 
demonstrates a commitment to high-quality job opportunities affiliated 
with registered apprenticeship programs.
    ``(d) Use of U.S. Employment Plan.--Notwithstanding any other 
provision of law, in carrying out a project under a covered 
infrastructure program that receives assistance under this chapter, the 
recipient shall use a U.S. Employment Plan for each contract of 
$10,000,000 or more for the purchase of manufactured goods or of 
services, based on an independent cost estimate.
    ``(e) Priority.--The Secretary shall ensure that the entity 
carrying out a project under the covered infrastructure program gives 
priority to--
            ``(1) individuals with a barrier to employment (as defined 
        in section 3 of the Workforce Innovation and Opportunity Act 
        (29 U.S.C. 3102)), including ex-offenders and disabled 
        individuals;
            ``(2) veterans; and
            ``(3) individuals that represent populations that are 
        traditionally underrepresented in the infrastructure workforce, 
        such as women and racial and ethnic minorities.
    ``(f) Report.--Not less frequently than once each fiscal year, the 
Secretary shall jointly submit to Congress a report describing the 
implementation of this section.
    ``(g) Intent of Congress.--
            ``(1) In general.--It is the intent of Congress--
                    ``(A) to encourage recipients of Federal assistance 
                under covered infrastructure programs to use a best-
                value contracting framework described in subsection (b) 
                for the purchase of goods and services;
                    ``(B) to encourage recipients of Federal assistance 
                under covered infrastructure programs to use 
                preferences for registered apprenticeship programs as 
                described in subsection (c) when evaluating bids for 
                projects using that assistance;
                    ``(C) to require that recipients of Federal 
                assistance under covered infrastructure programs use 
                the U.S. Employment Plan in carrying out the project 
                for which the assistance was provided; and
                    ``(D) that full and open competition under covered 
                infrastructure programs means a procedural competition 
                that prevents corruption, favoritism, and unfair 
                treatment by recipient agencies.
            ``(2) Inclusion.--A best-value contracting framework 
        described in subsection (b) is a framework that authorizes a 
        recipient of Federal assistance under a covered infrastructure 
        program, in awarding contracts, to evaluate a range of factors, 
        including price, the quality of products, the quality of 
        services, and commitments to the creation of good jobs for all 
        people in the United States.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by adding at the end the following:

``5341. U.S. Employment Plan.''.

SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.

    Section 5314(a) of title 49, Unites States Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (H) by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (I) as 
                subparagraph (J); and
                    (C) by inserting after subparagraph (H) the 
                following:
                    ``(I) provide innovation and capacity-building to 
                rural and tribal public transportation recipients that 
                do not duplicate the activities of sections 5311(b) or 
                5312; and''; and
            (2) by adding at the end the following:
            ``(4) Availability of amounts.--Of the amounts made 
        available to carry out this section under section 5338(c), 
        $1,500,000 shall be available to carry out activities described 
        in paragraph (2)(I).''.

               Subtitle G--Transit-Supportive Communities

SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5327 the following:
``Sec. 5328. Transit-supportive communities
    ``(a) Establishment.--The Secretary shall establish within the 
Federal Transit Administration, an Office of Transit-Supportive 
Communities to make grants, provide technical assistance, and assist in 
the coordination of transit and housing policies within the Federal 
Transit Administration, the Department of Transportation, and across 
the Federal Government.
    ``(b) Transit Oriented Development Planning Grant Program.--
            ``(1) Definition.--In this subsection the term `eligible 
        project' means--
                    ``(A) a new fixed guideway capital project or a 
                core capacity improvement project as defined in section 
                5309;
                    ``(B) an existing fixed guideway system, or an 
                existing station that is served by a fixed guideway 
                system; or
                    ``(C) the immediate corridor along the highest 25 
                percent of routes by ridership as demonstrated in 
                section 5336(b)(2)(B).
            ``(2) General authority.--The Secretary may make grants 
        under this subsection to a State, local governmental authority, 
        or metropolitan planning organization to assist in financing 
        comprehensive planning associated with an eligible project that 
        seeks to--
                    ``(A) enhance economic development, ridership, 
                equity, reduction of greenhouse gas emissions, or other 
                goals established during the project development and 
                engineering processes or the grant application;
                    ``(B) facilitate multimodal connectivity and 
                accessibility;
                    ``(C) increase access to transit hubs for 
                pedestrian and bicycle traffic;
                    ``(D) enable mixed-use development;
                    ``(E) identify infrastructure needs associated with 
                the eligible project; and
                    ``(F) include private sector participation.
            ``(3) Eligibility.--A State, local governmental authority, 
        or metropolitan planning organization that desires to 
        participate in the program under this subsection shall submit 
        to the Secretary an application that contains at a minimum--
                    ``(A) an identification of an eligible project;
                    ``(B) a schedule and process for the development of 
                a comprehensive plan;
                    ``(C) a description of how the eligible project and 
                the proposed comprehensive plan advance the 
                metropolitan transportation plan of the metropolitan 
                planning organization;
                    ``(D) proposed performance criteria for the 
                development and implementation of the comprehensive 
                plan;
                    ``(E) a description of how the project will advance 
                equity and reduce and mitigate social and economic 
                impacts on existing residents and businesses and 
                communities historically excluded from economic 
                opportunities vulnerable to displacement; and
                    ``(F) identification of--
                            ``(i) partners;
                            ``(ii) availability of and authority for 
                        funding; and
                            ``(iii) potential State, local or other 
                        impediments to the implementation of the 
                        comprehensive plan.
            ``(4) Cost share.--A grant under this subsection shall not 
        exceed an amount in excess of 80 percent of total project 
        costs, except that a grant that includes an affordable housing 
        component shall not exceed an amount in excess of 90 percent of 
        total project costs.
    ``(c) Technical Assistance.--The Secretary shall provide technical 
assistance to States, local governmental authorities, and metropolitan 
planning organizations in the planning and development of transit-
oriented development projects and transit supportive corridor policies, 
including--
            ``(1) the siting, planning, financing, and integration of 
        transit-oriented development projects;
            ``(2) the integration of transit-oriented development and 
        transit-supportive corridor policies in the preparation for and 
        development of an application for funding under section 602 of 
        title 23;
            ``(3) the siting, planning, financing, and integration of 
        transit-oriented development and transit supportive corridor 
        policies associated with projects under section 5309;
            ``(4) the development of housing feasibility assessments as 
        allowed under section 5309(g)(3)(B);
            ``(5) the development of transit-supportive corridor 
        policies that promote transit ridership and transit-oriented 
        development;
            ``(6) the development, implementation, and management of 
        land value capture programs; and
            ``(7) the development of model contracts, model codes, and 
        best practices for the implementation of transit-oriented 
        development projects and transit-supportive corridor policies.
    ``(d) Value Capture Policy Requirements.--
            ``(1) Value capture policy.--Not later than October 1 of 
        the fiscal year that begins 2 years after the date of enactment 
        of this section, the Secretary, in collaboration with State 
        departments of transportation, metropolitan planning 
        organizations, and regional council of governments, shall 
        establish voluntary and consensus-based value capture 
        standards, policies, and best practices for State and local 
        value capture mechanisms that promote greater investments in 
        public transportation and affordable transit-oriented 
        development.
            ``(2) Report.--Not later than 15 months after the date of 
        enactment of this section, the Secretary shall make available 
        to the public a report cataloging examples of State and local 
        laws and policies that provide for value capture and value 
        sharing that promote greater investment in public 
        transportation and affordable transit-oriented development.
    ``(d) Equity.--In providing technical assistance under subsection 
(c), the Secretary shall incorporate strategies to promote equity for 
underrepresented and underserved communities, including--
            ``(1) preventing displacement of existing residents and 
        businesses;
            ``(2) mitigating rent and housing price increases;
            ``(3) incorporating affordable rental and ownership housing 
        in transit-oriented development;
            ``(4) engaging under-served, limited English proficiency, 
        low income, and minority communities in the planning process;
            ``(5) fostering economic development opportunities for 
        existing residents and businesses; and
            ``(6) targeting affordable housing that help lessen 
        homelessness.
    ``(d) Authority To Request Staffing Assistance.--In fulfilling the 
duties of this section, the Secretary shall, as needed, request 
staffing and technical assistance from other Federal agencies, 
programs, administrations, boards, or commissions.
    ``(e) Review Existing Policies and Programs.--Not later than 24 
months after the date of enactment of this section, the Secretary shall 
review and evaluate all existing policies and programs within the 
Federal Transit Administration that support or promote transit-oriented 
development to ensure their coordination and effectiveness relative to 
the goals of this section.
    ``(f) Reporting.--Not later than February 1 of each year beginning 
the year after the date of enactment of this section, the Secretary 
shall prepare a report detailing the grants and technical assistance 
provided under this section, the number of affordable housing units 
constructed or planned as a result of projects funded in this section, 
and the number of affordable housing units constructed or planned as a 
result of a property transfer under section 5334(h)(1). The report 
shall be provided to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate.
    ``(g) Savings Clause.--Nothing in this section authorizes the 
Secretary to provide any financial assistance for the construction of 
housing.
    ``(h) Priority for Low-Income Areas.--In awarding grants under this 
section, the Secretary shall give priority to projects under this 
section that expand or build transit in low-income areas or that 
provide access to public transportation to low-income areas that do not 
have access to public transportation.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5327 the following:

``5328. Transit-supportive communities.''.
    (c) Technical and Conforming Amendment.--Section 20005 of the MAP-
21 (Public Law 112-141) is amended--
            (1) by striking ``(a) Amendment.--''; and
            (2) by striking subsection (b).

SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.

    Section 5334(h)(1) of title 49, United States Code, is amended to 
read as follows:
            ``(1) In general.--If a recipient of assistance under this 
        chapter decides an asset acquired under this chapter at least 
        in part with that assistance is no longer needed for the 
        purpose for which such asset was acquired, the Secretary may 
        authorize the recipient to transfer such asset to--
                    ``(A) a local governmental authority to be used for 
                a public purpose with no further obligation to the 
                Government if the Secretary decides--
                            ``(i) the asset will remain in public use 
                        for at least 5 years after the date the asset 
                        is transferred;
                            ``(ii) there is no purpose eligible for 
                        assistance under this chapter for which the 
                        asset should be used;
                            ``(iii) the overall benefit of allowing the 
                        transfer is greater than the interest of the 
                        Government in liquidation and return of the 
                        financial interest of the Government in the 
                        asset, after considering fair market value and 
                        other factors; and
                            ``(iv) through an appropriate screening or 
                        survey process, that there is no interest in 
                        acquiring the asset for Government use if the 
                        asset is a facility or land; or
                    ``(B) a local governmental authority, nonprofit 
                organization, or other third party entity to be used 
                for the purpose of transit-oriented development with no 
                further obligation to the Government if the Secretary 
                decides--
                            ``(i) the asset is a necessary component of 
                        a proposed transit-oriented development 
                        project;
                            ``(ii) the transit-oriented development 
                        project will increase transit ridership;
                            ``(iii) at least 40 percent of the housing 
                        units offered in the transit-oriented 
                        development , including housing units owned by 
                        nongovernmental entities, are legally binding 
                        affordability restricted to tenants with 
                        incomes at or below 60 percent of the area 
                        median income and/or owners with incomes at or 
                        below 60 percent the area median income;
                            ``(iv) the asset will remain in use as 
                        described in this section for at least 30 years 
                        after the date the asset is transferred; and
                            ``(v) with respect to a transfer to a third 
                        party entity--
                                    ``(I) a local government authority 
                                or nonprofit organization is unable to 
                                receive the property;
                                    ``(II) the overall benefit of 
                                allowing the transfer is greater than 
                                the interest of the Government in 
                                liquidation and return of the financial 
                                interest of the Government in the 
                                asset, after considering fair market 
                                value and other factors; and
                                    ``(III) the third party has 
                                demonstrated a satisfactory history of 
                                construction or operating an affordable 
                                housing development.''.

SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL INVESTMENT GRANTS.

    Section 5309 of title 49, United States Code, is further amended--
            (1) in subsection (g)--
                    (A) in paragraph (2)(B)--
                            (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                            (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) in the case of a new fixed guideway 
                        capital project or a core capacity improvement 
                        project, allow a weighting 5 percentage points 
                        greater to the economic development criterion 
                        and 5 percentage points lesser to the lowest 
                        scoring criterion if the applicant demonstrates 
                        substantial efforts to preserve or encourage 
                        affordable housing near the project by 
                        providing documentation of policies that allow 
                        by-right multi-family housing, single room 
                        occupancy units, or accessory dwelling units, 
                        providing local capital sources for transit-
                        oriented development, or demonstrate other 
                        methods as determined by the Secretary.''; and
                    (B) in paragraph (3) by adding at the end the 
                following:
                    ``(B) establish a warrant that applies to the 
                economic development project justification criteria, 
                provided that the applicant that requests a warrant 
                under this process has completed and submitted a 
                housing feasibility assessment.''; and
            (2) in subsection (l)(4) by adding at the end the 
        following:
                    ``(E) from grant proceeds distributed under section 
                103 of the Housing and Community Development Act of 
                1974 (42 U.S.C. 5303) or section 201 of the Public 
                Works and Economic Development Act of 1965 (42 U.S.C. 
                3141) provided that--
                            ``(i) such funds are used in conjunction 
                        with the planning or development of affordable 
                        housing; and
                            ``(ii) such affordable housing is located 
                        within one-half of a mile of a new station.''.

                         Subtitle H--Innovation

SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM.

    Section 5312(d) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(3) Mobility innovation sandbox program.--The Secretary 
        may make funding available under this subsection to carry out 
        research on mobility on demand and mobility as a service 
        activities eligible under section 5316.''.

SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDESIGN PROGRAM.

    Section 5312(d) of title 49, United States Code, is further amended 
by adding at the end the following:
            ``(4) Transit bus operator compartment redesign program.--
                    ``(A) In general.--The Secretary may make funding 
                available under this subsection to carry out research 
                on redesigning transit bus operator compartments to 
                improve safety, operational efficiency, and passenger 
                accessibility.
                    ``(B) Objectives.--Research objectives under this 
                paragraph shall include--
                            ``(i) increasing bus operator safety from 
                        assaults;
                            ``(ii) optimizing operator visibility and 
                        reducing operator distractions to improve 
                        safety of bus passengers, pedestrians, 
                        bicyclists, and other roadway users;
                            ``(iii) expanding passenger accessibility 
                        for positive interactions between operators and 
                        passengers, including assisting passengers in 
                        need of special assistance;
                            ``(iv) accommodating compliance for 
                        passenger boarding, alighting, and securement 
                        with the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.); and
                            ``(v) improving ergonomics to reduce bus 
                        operator work-related health issues and 
                        injuries, as well as locate key instrument and 
                        control interfaces to improve operational 
                        efficiency and convenience.
                    ``(C) Activities.--Eligible activities under this 
                paragraph shall include--
                            ``(i) measures to reduce visibility 
                        impairments and distractions for bus operators 
                        that contribute to accidents, including 
                        retrofits to buses in revenue service and 
                        specifications for future procurements that 
                        reduce visibility impairments and distractions;
                            ``(ii) the deployment of assault mitigation 
                        infrastructure and technology on buses, 
                        including barriers to restrict the unwanted 
                        entry of individuals and objects into bus 
                        operators' workstations;
                            ``(iii) technologies to improve passenger 
                        accessibility, including boarding, alighting, 
                        and securement in compliance with the Americans 
                        with Disabilities Act of 1990 (42 U.S.C. 12101 
                        et seq.);
                            ``(iv) installation of seating and 
                        modification to design specifications of bus 
                        operator workstations that reduce or prevent 
                        injuries from ergonomic risks; or
                            ``(v) other measures that align with the 
                        objectives under subparagraph (B).
                    ``(D) Eligible entities.--Entities eligible to 
                receive funding under this paragraph shall include 
                consortia consisting of, at a minimum:
                            ``(i) recipients of funds under this 
                        chapter that provide public transportation 
                        services;
                            ``(ii) transit vehicle manufacturers;
                            ``(iii) representatives from organizations 
                        engaged in collective bargaining on behalf of 
                        transit workers in not fewer than three States; 
                        and
                            ``(iv) any nonprofit institution of higher 
                        education, as defined in section 101 of the 
                        Higher Education Act of 1965 (20 U.S.C. 
                        1001).''.

SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY COUNTS INITIATIVE.

    Section 5312 of title 49, United States Code, as amended by section 
2503, is further amended by adding at the end the following:
    ``(k) Every Day Counts Initiative.--
            ``(1) In general.--It is in the national interest for the 
        Department of Transportation and recipients of Federal public 
        transportation funds--
                    ``(A) to identify, accelerate, and deploy 
                innovation aimed at expediting project delivery, 
                enhancing the safety of transit systems of the United 
                States, and protecting the environment;
                    ``(B) to ensure that the planning, design, 
                engineering, construction, and financing of 
                transportation projects is done in an efficient and 
                effective manner;
                    ``(C) to promote the rapid deployment of proven 
                solutions that provide greater accountability for 
                public investments; and
                    ``(D) to create a culture of innovation within the 
                transit community.
            ``(2) FTA every day counts initiative.--To advance the 
        policies described in paragraph (1), the Administrator of the 
        Federal Transit Administration shall adopt the Every Day Counts 
        initiative to work with recipients to identify and deploy the 
        proven innovation practices and products that--
                    ``(A) accelerate innovation deployment;
                    ``(B) expedite the project delivery process;
                    ``(C) improve environmental sustainability;
                    ``(D) enhance transit safety;
                    ``(E) expand mobility; and
                    ``(F) reduce greenhouse gas emissions.
            ``(3) Consideration.--In accordance with the Every Day 
        Counts goals described in paragraphs (1) and (2), the 
        Administrator shall consider research conducted through the 
        university transportation centers program in section 5505.
            ``(4) Innovation deployment.--
                    ``(A) In general.--At least every 2 years, the 
                Administrator shall work collaboratively with 
                recipients to identify a new collection of innovations, 
                best practices, and data to be deployed to recipients 
                through case studies, webinars, and demonstration 
                projects.
                    ``(B) Requirements.--In identifying a collection 
                described in subparagraph (A), the Secretary shall take 
                into account market readiness, impacts, benefits, and 
                ease of adoption of the innovation or practice.
            ``(5) Publication.--Each collection identified under 
        paragraph (4) shall be published by the Administrator on a 
        publicly available website.
            ``(6) Rule of construction.--Nothing in this subsection may 
        be construed to allow the Secretary to waive any requirement 
        under any other provision of Federal law.''.

SEC. 2804. TECHNICAL CORRECTIONS.

    Section 5312 of title 49, United States Code, as amended in section 
2503 and 2803, is further amended--
            (1) in subsection (e)--
                    (A) in paragraph (3)(C) by striking ``low or no 
                emission vehicles, zero emission vehicles,'' and 
                inserting ``zero emission vehicles''; and
                    (B) by striking paragraph (6) and inserting the 
                following:
            ``(6) Zero emission vehicle defined.--In this subsection, 
        the term `zero emission vehicle' means a passenger vehicle used 
        to provide public transportation that produces no carbon or 
        particulate matter.'';
            (2) by redesignating the first subsection (g) as subsection 
        (f); and
            (3) in subsection (h)--
                    (A) in the header by striking ``Low or No 
                Emission'' and inserting ``Zero Emission'';
                    (B) in paragraph (1)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) the term `zero emission vehicle' has the 
                meaning given such term in subsection (e)(6);''; and
                            (ii) in subparagraph (D) by striking ``low 
                        or no emission vehicle'' and inserting ``zero 
                        emission vehicle'' each place such term 
                        appears;
                    (C) in paragraph (2)--
                            (i) in the heading by striking ``low or no 
                        emission'' and inserting ``zero emission''; and
                            (ii) by striking ``low or no emission'' and 
                        inserting ``zero emission'' each place such 
                        term appears;
                    (D) in paragraph (3) by striking ``low or no 
                emission'' and inserting ``zero emission'' each place 
                such term appears; and
                    (E) in paragraph (5)(A) by striking ``low or no 
                emission'' and inserting ``zero emission''.

SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT BUS DEVELOPMENT 
              PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a national advanced technology transit bus development program to 
facilitate the development and testing of commercially viable advanced 
technology transit buses that do not exceed a Level 3 automated driving 
system and related infrastructure.
    (b) Authorization.--There shall be available $20,000,000 for each 
of fiscal years 2021 through 2025.
    (c) Grants.--The Secretary may enter into grants, contracts, and 
cooperative agreements with no more than three geographically diverse 
nonprofit organizations and recipients under chapter 53 of title 49, 
United States Code, to facilitate the development and testing of 
commercially viable advance technology transit buses and related 
infrastructure.
    (d) Considerations.--
            (1) In general.--The Secretary shall consider the 
        applicant's--
                    (A) ability to contribute significantly to 
                furthering advanced technologies as it relates to 
                transit bus operations, including advanced driver 
                assistance systems, automatic emergency braking, 
                accessibility, and energy efficiency;
                    (B) financing plan and cost share potential;
                    (C) technical experience developing or testing 
                advanced technologies in transit buses;
                    (D) commitment to frontline worker involvement; and
                    (E) other criteria that the Secretary determines 
                are necessary to carry out the program.
            (2) Rule of construction.--Nothing in this subsection may 
        be construed to allow the Secretary to waive any requirement 
        under any other provision of Federal law.
    (e) Competitive Grant Selection.--The Secretary shall conduct a 
national solicitation for applications for grants under the program. 
Grant recipients shall be selected on a competitive basis. The 
Secretary shall give priority consideration to applicants that have 
successfully managed advanced transportation technology projects, 
including projects related to public transportation operations for a 
period of not less than 5 years.
    (f) Consortia.--As a condition of receiving an award in (c), the 
Secretary shall ensure--
            (1) that the selected non-profit recipients subsequently 
        establish a consortia for each proposal submitted, including 
        representatives from a labor union, transit agency, an FTA-
        designated university bus and component testing center, a Buy 
        America compliant transit bus manufacturer, and others as 
        determined by the Secretary;
            (2) that no proposal selected would decrease workplace or 
        passenger safety; and
            (3) that no proposal selected would undermine the creation 
        of high-quality jobs or workforce support and development 
        programs.
    (g) Federal Share.--The Federal share of costs of the program shall 
be provided from funds made available to carry out this section. The 
Federal share of the cost of a project carried out under the program 
shall not exceed 80 percent of such cost.

SEC. 2806. PUBLIC TRANSPORTATION INNOVATION.

    Section 5312(h)(2) of title 49, United States Code, is amended by 
striking subparagraph (G).

SEC. 2807. TRANSIT VEHICLE BATTERY RECYCLING AND REUSE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue regulations 
that, notwithstanding any other provision of law, allow recipients of 
funds under chapter 53 of title 49, United States Code, at the option 
of the recipient, to repurpose, recycle, reuse, sell, or lease transit 
vehicle batteries that are beyond the useful service life of such 
batteries for the purpose of transit vehicle propulsion and component 
parts of such batteries.
    (b) Considerations.--In issuing regulations under subsection (a), 
the Secretary shall prioritize second life applications that--
            (1) maximize the full use of transit vehicle batteries 
        beyond the useful life of such batteries for transit vehicle 
        propulsion and component parts of such batteries;
            (2) enhance the reuse and recycling of transit vehicle 
        batteries, components, and component critical minerals of such 
        batteries;
            (3) reduce costs for recipients;
            (4) create new streams of revenue for recipients;
            (5) support the provision of zero emission public 
        transportation service, which may include the use of wayside 
        charging; and
            (6) enhance the resilience of public transportation and the 
        electric vehicle supply equipment network, which may include 
        the use of batteries for energy storage.
    (c) Second Life Applications Defined.--In this section, the term 
``second life applications'' means the repurposing, recycling, reuse, 
sale, or leasing of a transit vehicle battery that is beyond the useful 
service life for the purpose of transit vehicle propulsion and 
component parts of such battery, but that retains utility for other 
applications.

               Subtitle I--Other Program Reauthorizations

SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE 
              PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT 
              AUTHORITY.

    Section 601 of the Passenger Rail Investment and Improvement Act of 
2008 (Public Law 110-432) is amended--
            (1) in subsection (b) by striking ``The Federal'' and 
        inserting ``Except as provided in subsection (e)(2), the 
        Federal'';
            (2) by striking subsections (d) through (f) and inserting 
        the following:
    ``(d) Required Board Approval.--No amounts may be provided to the 
Transit Authority under this section until the Transit Authority 
certifies to the Secretary of Transportation that--
            ``(1) a board resolution has passed on or before July 1, 
        2022, and is in effect for the period of July 1, 2022 through 
        June 30, 2031, that--
                    ``(A) establishes an independent budget authority 
                for the Office of Inspector General of the Transit 
                Authority;
                    ``(B) establishes an independent procurement 
                authority for the Office of Inspector General of the 
                Transit Authority;
                    ``(C) establishes an independent hiring authority 
                for the Office of Inspector General of the Transit 
                Authority;
                    ``(D) ensures the Inspector General of the Transit 
                Authority can obtain legal advice from a counsel 
                reporting directly to the Inspector General;
                    ``(E) requires the Inspector General of the Transit 
                Authority to submit recommendations for corrective 
                action to the General Manager and the Board of 
                Directors of the Transit Authority;
                    ``(F) requires the Inspector General of the Transit 
                Authority to publish any recommendation described in 
                subparagraph (E) on the website of the Office of 
                Inspector General of the Transit Authority, except that 
                the Inspector General may redact personally 
                identifiable information and information that, in the 
                determination of the Inspector General, would pose a 
                security risk to the systems of the Transit Authority;
                    ``(G) requires the Board of Directors of the 
                Transit Authority to provide written notice to the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate not less than 
                30 days before the Board of Directors removes the 
                Inspector General of the Transit Authority, which shall 
                include the reasons for removal and supporting 
                documentation; and
                    ``(H) prohibits the Board of Directors from 
                removing the Inspector General of the Transit Authority 
                unless the Board of Directors has provided a 30 day 
                written notification as described in subparagraph (G) 
                that documents--
                            ``(i) a permanent incapacity;
                            ``(ii) a neglect of duty;
                            ``(iii) malfeasance;
                            ``(iv) a conviction of a felony or conduct 
                        involving moral turpitude;
                            ``(v) a knowing violation of a law or 
                        regulation;
                            ``(vi) gross mismanagement;
                            ``(vii) a gross waste of funds;
                            ``(viii) an abuse of authority; or
                            ``(ix) inefficiency; and
            ``(2) the Code of Ethics for Members of the WMATA Board of 
        Directors passed on September 26, 2019, remains in effect, or 
        the Inspector General of the Transit Authority has consulted 
        with any modifications to the Code of Ethics by the Board.
    ``(e) Authorizations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary of Transportation for grants under this 
        section--
                    ``(A) for fiscal year 2022, $150,000,000;
                    ``(B) for fiscal year 2023, $155,000,000;
                    ``(C) for fiscal year 2024, $160,000,000;
                    ``(D) for fiscal year 2025, $165,000,000;
                    ``(E) for fiscal year 2026, $170,000,000;
                    ``(F) for fiscal year 2027, $175,000,000;
                    ``(G) for fiscal year 2028, $180,000,000;
                    ``(H) for fiscal year 2029, $185,000,000;
                    ``(I) for fiscal year 2030, $190,000,000; and
                    ``(J) for fiscal year 2031, $200,000,000.
            ``(2) Set aside for office of inspector general of transit 
        authority.--From the amounts in paragraph (1), the Transit 
        Authority shall provide at least 7 percent for each fiscal year 
        to the Office of Inspector General of the Transit Authority to 
        carry out independent and objective audits, investigations, and 
        reviews of Transit Authority programs and operations to promote 
        economy, efficiency, and effectiveness, and to prevent and 
        detect fraud, waste, and abuse in such programs and 
        operations.''; and
            (3) by redesignating subsection (g) as subsection (f).

SEC. 2902. OTHER APPORTIONMENTS.

    Section 5336 of title 49, United States Code, is amended--
            (1) in subsection (h)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``section 5338(a)(2)(C)'' and inserting 
                ``section 5338(a)(2)(B)'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) to carry out section 5307(h)--
                    ``(A) $60,906,000 shall be set aside in fiscal year 
                2023;
                    ``(B) $61,856,134 shall be set aside in fiscal year 
                2024;
                    ``(C) $62,845,832 shall be set aside in fiscal year 
                2025; and
                    ``(D) $63,832,511 shall be set aside in fiscal year 
                2026;'';
                    (C) in paragraph (2) by striking ``3.07 percent'' 
                and inserting ``6 percent''; and
                    (D) by amending paragraph (3) to read as follows:
            ``(3) of amounts not apportioned under paragraphs (1) and 
        (2), 3 percent shall be apportioned to urbanized areas with 
        populations of less than 200,000 in accordance with subsection 
        (i);''; and
            (2) in subsection (i) by adding at the end the following:
            ``(3) Census phase-out.--Before apportioning funds under 
        subsection (h)(3), for any urbanized area that is no longer an 
        eligible area due to a change in population in the most recent 
        decennial census, the Secretary shall apportion to such 
        urbanized area, for 3 fiscal years, an amount equal to half of 
        the funds apportioned to such urbanized area pursuant to this 
        subsection for the previous fiscal year.''.

                        Subtitle J--Streamlining

SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

    Section 5309 of title 49, United States Code, as amended by section 
2703 of this Act, is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (7)--
                            (i) in subparagraph (A) by striking 
                        ``$100,000,000'' and inserting 
                        ``$320,000,000''; and
                            (ii) in subparagraph (B) by striking 
                        ``$300,000,000'' and inserting 
                        ``$400,000,000'';
                    (B) by striking paragraph (6); and
                    (C) by redesignating paragraph (7), as so amended, 
                as paragraph (6);
            (2) in subsection (b)(2) by inserting ``expanding station 
        capacity,'' after ``construction of infill stations,'';
            (3) in subsection (d)(1)--
                    (A) in subparagraph (C)(i) by striking ``2 years'' 
                and inserting ``3 years''; and
                    (B) by adding at the end the following:
                    ``(D) Optional project development activities.--An 
                applicant may perform cost and schedule risk 
                assessments with technical assistance provided by the 
                Secretary.
                    ``(E) Statutory construction.--Nothing in this 
                section shall be construed as authorizing the Secretary 
                to require cost and schedule risk assessments in the 
                project development phase.'';
            (4) in subsection (e)(1)--
                    (A) in subparagraph (C)(i) by striking ``2 years'' 
                and inserting ``3 years''; and
                    (B) by adding at the end the following:
                    ``(D) Optional project development activities.--An 
                applicant may perform cost and schedule risk 
                assessments with technical assistance provided by the 
                Secretary.
                    ``(E) Statutory construction.--Nothing in this 
                section shall be construed as authorizing the Secretary 
                to require cost and schedule risk assessments in the 
                project development phase.'';
            (5) in subsection (e)(2)(A)(iii)(II) by striking ``5 
        years'' and inserting ``10 years'';
            (6) in subsection (f)--
                    (A) in paragraph (1) by striking ``subsection 
                (d)(2)(A)(v)'' and inserting ``subsection 
                (d)(2)(A)(iv)'';
                    (B) in paragraph (2)--
                            (i) by striking ``subsection (d)(2)(A)(v)'' 
                        and inserting ``subsection (d)(2)(A)(iv)'';
                            (ii) in subparagraph (D) by adding ``and'' 
                        at the end;
                            (iii) by striking subparagraph (E); and
                            (iv) by redesignating subparagraph (F) as 
                        subparagraph (E); and
                    (C) by adding at the end the following:
            ``(4) Cost-share incentives.--For a project for which a 
        lower CIG cost share is elected by the applicant under 
        subsection (l)(1)(C), the Secretary shall apply the following 
        requirements and considerations in lieu of paragraphs (1) and 
        (2):
                    ``(A) Requirements.--In determining whether a 
                project is supported by local financial commitment and 
                shows evidence of stable and dependable financing 
                sources for purposes of subsection (d)(2)(A)(iv) or 
                (e)(2)(A)(v), the Secretary shall require that--
                            ``(i) the proposed project plan provides 
                        for the availability of contingency amounts 
                        that the applicant determines to be reasonable 
                        to cover unanticipated cost increases or 
                        funding shortfalls;
                            ``(ii) each proposed local source of 
                        capital and operating financing is stable, 
                        reliable, and available within the proposed 
                        project timetable; and
                            ``(iii) an applicant certifies that local 
                        resources are available to recapitalize, 
                        maintain, and operate the overall existing and 
                        proposed public transportation system, 
                        including essential feeder bus and other 
                        services necessary to achieve the projected 
                        ridership levels without requiring a reduction 
                        in existing public transportation services or 
                        level of service to operate the project.
                    ``(B) Considerations.--In assessing the stability, 
                reliability, and availability of proposed sources of 
                local financing for purposes of subsection 
                (d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall 
                consider--
                            ``(i) the reliability of the forecasting 
                        methods used to estimate costs and revenues 
                        made by the recipient and the contractors to 
                        the recipient;
                            ``(ii) existing grant commitments;
                            ``(iii) any debt obligation that exists, or 
                        is proposed by the recipient, for the proposed 
                        project or other public transportation purpose; 
                        and
                            ``(iv) private contributions to the 
                        project, including cost-effective project 
                        delivery, management or transfer of project 
                        risks, expedited project schedule, financial 
                        partnering, and other public-private 
                        partnership strategies.''.
            (7) in subsection (g)--
                    (A) in paragraph (2)(A) by striking ``degree of 
                local financial commitment'' and inserting ``criteria 
                in subsection (f)'' each place it appears;
                    (B) in paragraph (3) by striking ``The Secretary 
                shall,'' and all that follows through ``to carry out 
                this subsection.'' and inserting the following: ``The 
                Secretary shall
                    ``(A) to the maximum extent practicable, develop 
                and use special warrants for making a project 
                justification determination under subsection (d)(2) or 
                (e)(2), as applicable, for a project proposed to be 
                funded using a grant under this section if----
                            ``(i) the share of the cost of the project 
                        to be provided under this section--
                                    ``(I) does not exceed $500,000,000 
                                and the total project cost does not 
                                exceed $1,000,000,000; or
                                    ``(II) complies with subsection 
                                (l)(1)(C);
                            ``(ii) the applicant requests the use of 
                        the warrants;
                            ``(iii) the applicant certifies that its 
                        existing public transportation system is in a 
                        state of good repair; and
                            ``(iv) the applicant meets any other 
                        requirements that the Secretary considers 
                        appropriate to carry out this subsection.'';
                    (C) by striking paragraph (5) and inserting the 
                following:
            ``(5) Policy guidance.--The Secretary shall issue policy 
        guidance on the review and evaluation process and criteria not 
        later than 180 days after the date of enactment of the INVEST 
        in America Act.'';
                    (D) by striking paragraph (6) and inserting the 
                following:
            ``(6) Transparency.--Not later than 30 days after the 
        Secretary receives a written request from an applicant for all 
        remaining information necessary to obtain 1 or more of the 
        following, the Secretary shall provide such information to the 
        applicant:
                    ``(A) Project advancement.
                    ``(B) Medium or higher rating.
                    ``(C) Warrant.
                    ``(D) Letter of intent.
                    ``(E) Early systems work agreement.''; and
                    (E) in paragraph (7) by striking ``the Federal 
                Public Transportation Act of 2012'' and inserting ``the 
                INVEST in America Act'';
            (8) in subsection (h)--
                    (A) in paragraph (5) by inserting ``, except that 
                for a project for which a lower local cost share is 
                elected under subsection (l)(1)(C), the Secretary shall 
                enter into a grant agreement under this subsection for 
                any such project that establishes contingency amounts 
                that the applicant determines to be reasonable to cover 
                unanticipated cost increases or funding shortfalls'' 
                before the period at the end; and
                    (B) in paragraph (7)(C) by striking ``10 days'' and 
                inserting ``3 days'';
            (9) by striking subsection (i) and inserting the following:
    ``(i) Interrelated Projects.--
            ``(1) Ratings improvement.--The Secretary shall grant a 
        rating increase of 1 level in mobility improvements to any 
        project being rated under subsection (d), (e), or (h), if the 
        Secretary certifies that the project has a qualifying 
        interrelated project that meets the requirements of paragraph 
        (2).
            ``(2) Interrelated project.--A qualifying interrelated 
        project is a transit project that--
                    ``(A) is adopted into the metropolitan 
                transportation plan required under section 5303;
                    ``(B) has received a class of action designation 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.);
                    ``(C) will likely increase ridership on the project 
                being rated in subsection (d), (e), or (h), 
                respectively, as determined by the Secretary; and
                    ``(D) meets one of the following criteria:
                            ``(i) Extends the corridor of the project 
                        being rated in subsection (d), (e), or (h), 
                        respectively.
                            ``(ii) Provides a direct passenger transfer 
                        to the project being rated in subsection (d), 
                        (e), or (h), respectively.'';
            (10) in subsection (k)--
                    (A) in paragraph (2)(D) by adding at the end the 
                following:
                            ``(v) Local funding commitment.-- For a 
                        project for which a lower CIG cost share is 
                        elected by the applicant under subsection 
                        (l)(1)(C), the Secretary shall enter into a 
                        full funding grant agreement that has at least 
                        75 percent of local financial commitment 
                        committed and the remaining percentage budgeted 
                        for the proposed purposes.''; and
                    (B) in paragraph (5) by striking ``30 days'' and 
                inserting ``3 days'';
            (11) in subsection (l)--
                    (A) in paragraph (1) by striking subparagraph (B) 
                and inserting the following:
                    ``(B) Cap.--Except as provided in subparagraph (C), 
                a grant for a project under this section shall not 
                exceed 80 percent of the net capital project cost, 
                except that a grant for a core capacity improvement 
                project shall not exceed 80 percent of the net capital 
                project cost of the incremental cost to increase the 
                capacity in the corridor.
                    ``(C) Applicant election of lower local cig cost 
                share.--An applicant may elect a lower local CIG cost 
                share for a project under this section for purposes of 
                application of the cost-share incentives under 
                subsection (f)(3). Such cost share shall not exceed 60 
                percent of the net capital project cost, except that 
                for a grant for a core capacity improvement project 
                such cost share shall not exceed 60 percent of the net 
                capital project cost of the incremental cost to 
                increase the capacity in the corridor.'';
                    (B) by striking paragraph (5) and inserting the 
                following:
            ``(5) Limitation on statutory construction.--Nothing in 
        this section shall be construed as authorizing the Secretary to 
        require, incentivize (in any manner not specified in this 
        section), or place additional conditions upon a non-Federal 
        financial commitment for a project that is more than 20 percent 
        of the net capital project cost or, for a core capacity 
        improvement project, 20 percent of the net capital project cost 
        of the incremental cost to increase the capacity in the 
        corridor.''; and
                    (C) by striking paragraph (8) and inserting the 
                following:
            ``(8) Contingency share.--The Secretary shall provide 
        funding for the contingency amount equal to the proportion of 
        the CIG cost share. If the Secretary increases the contingency 
        amount after a project has received a letter of no prejudice or 
        been allocated appropriated funds, the federal share of the 
        additional contingency amount shall be 25 percent higher than 
        the original proportion the CIG cost share and in addition to 
        the grant amount set in subsection (k)(2)(C)(ii).'';
            (12) in subsection (o) by adding at the end the following:
            ``(4) CIG program dashboard.--Not later than the fifth day 
        of each month, the Secretary shall make publicly available on a 
        website data on, including the status of, each project under 
        this section that is in the project development phase, in the 
        engineering phase, or has received a grant agreement and 
        remains under construction. Such data shall include, for each 
        project--
                    ``(A) the amount and fiscal year of any funding 
                appropriated, allocated, or obligated for the project;
                    ``(B) the date on which the project--
                            ``(i) entered the project development 
                        phase;
                            ``(ii) entered the engineering phase, if 
                        applicable; and
                            ``(iii) received a grant agreement, if 
                        applicable; and
                    ``(C) the status of review by the Federal Transit 
                Administration and the Secretary, including dates of 
                request, dates of acceptance of request, and dates of a 
                decision for each of the following, if applicable:
                            ``(i) A letter of no prejudice.
                            ``(ii) An environmental impact statement 
                        notice of intent.
                            ``(iii) A finding of no significant 
                        environmental impact.
                            ``(iv) A draft environmental impact 
                        statement.
                            ``(v) A final environmental impact 
                        statement.
                            ``(vi) A record of decision on the final 
                        environmental impact statement.
                            ``(vii) The status of the applicant in 
                        securing the non-Federal match, based on 
                        information provided by the applicant, 
                        including the amount committed, budgeted, 
                        planned, and undetermined.''; and
            (13) by striking ``an acceptable degree of'' and inserting 
        ``a'' each place it appears.

SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT DEADLINE.

    Section 5336(d) of title 49, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
            ``(2) notwithstanding paragraph (1), apportion amounts to 
        the States appropriated under section 5338(a)(2) to carry out 
        sections 5307, 5310, and 5311 not later than December 15 for 
        which any amounts are appropriated; and''.

SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE.

    Section 5334 of title 49, United States Code, is further amended by 
adding at the end the following:
    ``(l) Disposition of Assets Beyond Useful Life.--
            ``(1) In general.--If a recipient, or subrecipient, for 
        assistance under this chapter disposes of an asset with a 
        current market value, or proceed from the sale of such asset, 
        acquired under this chapter at least in part with such 
        assistance, after such asset has reached the useful life of 
        such asset, the Secretary shall allow the recipient, or 
        subrecipient, to use the proceeds attributable to the Federal 
        share of such asset calculated under paragraph (3) for capital 
        projects under section 5307, 5310, or 5311.
            ``(2) Minimum value.--This subsection shall only apply to 
        assets with a current market value, or proceeds from sale, of 
        at least $5,000.
            ``(3) Calculation of federal share attributable.--The 
        proceeds attributable to the Federal share of an asset 
        described in paragraph (1) shall be calculated by multiplying--
                    ``(A) the current market value of, or the proceeds 
                from the disposition of, such asset; by
                    ``(B) the Federal share percentage for the 
                acquisition of such asset at the time of acquisition of 
                such asset.''.

SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBILITY.

    Section 5310 of title 49, United States Code, as amended by section 
2205, is further amended by adding at the end the following:
    ``(k) Innovative Coordinated Access and Mobility.--
            ``(1) Start up grants.--
                    ``(A) In general.--The Secretary may make grants 
                under this paragraph to eligible recipients to assist 
                in financing innovative projects for the transportation 
                disadvantaged that improve the coordination of 
                transportation services and non-emergency medical 
                transportation services.
                    ``(B) Application.--An eligible recipient shall 
                submit to the Secretary an application that, at a 
                minimum, contains--
                            ``(i) a detailed description of the 
                        eligible project;
                            ``(ii) an identification of all eligible 
                        project partners and the specific role of each 
                        eligible project partner in the eligible 
                        project, including--
                                    ``(I) private entities engaged in 
                                the coordination of nonemergency 
                                medical transportation services for the 
                                transportation disadvantaged;
                                    ``(II) nonprofit entities engaged 
                                in the coordination of nonemergency 
                                medical transportation services for the 
                                transportation disadvantaged; or
                                    ``(III) Federal and State entities 
                                engaged in the coordination of 
                                nonemergency medical transportation 
                                services for the transportation 
                                disadvantaged; and
                            ``(iii) a description of how the eligible 
                        project shall--
                                    ``(I) improve local coordination or 
                                access to coordinated transportation 
                                services;
                                    ``(II) reduce duplication of 
                                service, if applicable; and
                                    ``(III) provide innovative 
                                solutions in the State or community.
                    ``(C) Performance measures.--An eligible recipient 
                shall specify, in an application for a grant under this 
                paragraph, the performance measures the eligible 
                project, in coordination with project partners, will 
                use to quantify actual outcomes against expected 
                outcomes, including--
                            ``(i) changes to transportation 
                        expenditures as a result of improved 
                        coordination;
                            ``(ii) changes to healthcare expenditures 
                        provided by projects partners as a result of 
                        improved coordination; and
                            ``(iii) changes to health care metrics, 
                        including aggregate health outcomes provided by 
                        projects partners.
                    ``(D) Eligible uses.--Eligible recipients receiving 
                a grant under this section may use such funds for--
                            ``(i) the deployment of coordination 
                        technology;
                            ``(ii) projects that create or increase 
                        access to community One-Call/One-Click Centers;
                            ``(iii) projects that coordinate 
                        transportation for 3 or more of--
                                    ``(I) public transportation 
                                provided under this section;
                                    ``(II) a State plan approved under 
                                title XIX of the Social Security Act 
                                (42 U.S.C. 1396 et seq.);
                                    ``(III) title XVIII of the Social 
                                Security Act (42 U.S.C. 1395 et seq.);
                                    ``(IV) Veterans Health 
                                Administration; or
                                    ``(V) private health care 
                                facilities; and
                            ``(iv) such other projects as determined 
                        appropriate by the Secretary.
                    ``(E) Consultation.--In evaluating the performance 
                metrics described in subparagraph (C), the Secretary 
                shall consult with the Secretary of Health and Human 
                Services.
            ``(2) Incentive grants.--
                    ``(A) In general.--The Secretary may make grants 
                under this paragraph to eligible recipients to 
                incentivize innovative projects for the transportation 
                disadvantaged that improve the coordination of 
                transportation services and non-emergency medical 
                transportation services.
                    ``(B) Selection of grant recipients.--The Secretary 
                shall distribute grant funds made available to carry 
                out this paragraph as described in subparagraph (E) to 
                eligible recipients that apply and propose to 
                demonstrate improvement in the metrics described in 
                subparagraph (F).
                    ``(C) Eligibility.--An eligible recipient shall not 
                be required to have received a grant under paragraph 
                (1) to be eligible to receive a grant under this 
                paragraph.
                    ``(D) Applications.--Eligible recipients shall 
                submit to the Secretary an application that includes--
                            ``(i) which metrics under subparagraph (F) 
                        the eligible recipient intends to improve;
                            ``(ii) the performance data eligible 
                        recipients and the Federal, State, nonprofit, 
                        and private partners, as described in paragraph 
                        (1)(B)(ii), of the eligible recipient will make 
                        available; and
                            ``(iii) a proposed incentive formula that 
                        makes payments to the eligible recipient based 
                        on the proposed data and metrics.
                    ``(E) Distribution.--The Secretary shall distribute 
                funds made available to carry out this paragraph based 
                upon the number of grant applications approved by the 
                Secretary, number of individuals served by each grant, 
                and the incentive formulas approved by the Secretary 
                using the following metrics:
                            ``(i) The reduced transportation 
                        expenditures as a result of improved 
                        coordination.
                            ``(ii) The reduced Federal and State 
                        healthcare expenditures using the metrics 
                        described in subparagraph (F).
                            ``(iii) The reduced private healthcare 
                        expenditures using the metrics described in 
                        subparagraph (F).
                    ``(F) Healthcare metrics.--Healthcare metrics 
                described in this subparagraph shall be--
                            ``(i) reducing missed medical appointments;
                            ``(ii) the timely discharge of patients 
                        from hospitals;
                            ``(iii) preventing hospital admissions and 
                        reducing readmissions of patients into 
                        hospitals; and
                            ``(iv) other measureable healthcare 
                        metrics, as determined appropriate by the 
                        Secretary, in consultation with the Secretary 
                        of Health and Human Services.
                    ``(G) Eligible expenditures.--The Secretary shall 
                allow the funds distributed by this grant program to be 
                expended on eligible activities described in paragraph 
                (1)(D) and any eligible activity under this section 
                that is likely to improve the metrics described in 
                subparagraph (F).
                    ``(H) Recipient cap.--The Secretary--
                            ``(i) may not provide more than 20 grants 
                        under this paragraph; and
                            ``(ii) shall reduce the maximum number of 
                        grants under this paragraph to ensure projects 
                        are fully funded, if necessary.
                    ``(I) Consultation.--In evaluating the health care 
                metrics described in subparagraph (F), the Secretary 
                shall consult with the Secretary of Health and Human 
                Services.
                    ``(J) Annual grantee report.--Each grantee shall 
                submit a report, in coordination with the project 
                partners of such grantee, that includes an evaluation 
                of the outcomes of the grant awarded to such grantee, 
                including the performance measures.
            ``(3) Report.--The Secretary shall make publicly available 
        an annual report on the program carried out under this 
        subsection for each fiscal year, not later than December 31 of 
        the calendar year in which that fiscal year ends. The report 
        shall include a detailed description of the activities carried 
        out under the program, and an evaluation of the program, 
        including an evaluation of the performance measures used by 
        eligible recipients in consultation with the Secretary of 
        Health and Human Services.
            ``(4) Federal share.--
                    ``(A) In general.--The Federal share of the costs 
                of a project carried out under this subsection shall 
                not exceed 80 percent.
                    ``(B) Non-federal share.--The non-Federal share of 
                the costs of a project carried out under this 
                subsection may be derived from in-kind contributions.
            ``(5) Rule of construction.--For purposes of this 
        subsection, nonemergency medical transportation services shall 
        be limited to services eligible under Federal programs other 
        than programs authorized under this chapter.''.

SEC. 2915. PASSENGER FERRY GRANTS.

    Section 5307(h) of title 49, United States Code, is amended by 
adding at the end the following paragraph:
            ``(4) Zero-emission or reduced-emission grants.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `eligible project' means a 
                        project or program of projects in an area 
                        eligible for a grant under subsection (a) for--
                                    ``(I) acquiring zero- or reduced-
                                emission passenger ferries;
                                    ``(II) leasing zero- or reduced-
                                emission passenger ferries;
                                    ``(III) constructing facilities and 
                                related equipment for zero- or reduced-
                                emission passenger ferries;
                                    ``(IV) leasing facilities and 
                                related equipment for zero- or reduced-
                                emission passenger ferries;
                                    ``(V) constructing new public 
                                transportation facilities to 
                                accommodate zero- or reduced-emission 
                                passenger ferries;
                                    ``(VI) constructing shoreside ferry 
                                charging infrastructure for zero- or 
                                reduced-emission passenger ferries; or
                                    ``(VII) rehabilitating or improving 
                                existing public transportation 
                                facilities to accommodate zero- or 
                                reduced-emission passenger ferries;
                            ``(ii) the term `zero- or reduced-emission 
                        passenger ferry' means a passenger ferry used 
                        to provide public transportation that reduces 
                        emissions by utilizing onboard energy storage 
                        systems for hybrid-electric or 100 percent 
                        electric propulsion, related charging 
                        infrastructure, and other technologies deployed 
                        to reduce emissions or produce zero onboard 
                        emissions under normal operation; and
                            ``(iii) the term `recipient' means a 
                        designated recipient, a local government 
                        authority, or a State that receives a grant 
                        under subsection (a).
                    ``(B) General authority.--The Secretary may make 
                grants to recipients to finance eligible projects under 
                this paragraph.
                    ``(C) Grant requirements.--A grant under this 
                paragraph shall be subject to the same terms and 
                conditions as a grant under subsection (a).
                    ``(D) Competitive process.--The Secretary shall 
                solicit grant applications and make grants for eligible 
                projects under this paragraph on a competitive basis.
                    ``(E) Government share of costs.--
                            ``(i) In general.--The Federal share of the 
                        cost of an eligible project carried out under 
                        this paragraph shall not exceed 80 percent.
                            ``(ii) Non-federal share.--The non-Federal 
                        share of the cost of an eligible project 
                        carried out under this subsection may be 
                        derived from in-kind contributions.''.

SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL INVESTMENT.

    Section 5309(h)(4) of title 49, United States Code, is amended by 
inserting ``, the extent to which the project improves transportation 
options to economically distressed areas,'' after ``public 
transportation''.

SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NATIONAL ENVIRONMENTAL 
              POLICY ACT OF 1969 TO FEDERALLY FUNDED BUS SHELTERS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall issue best practices on the 
application of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) to federally funded bus shelters to assist recipients of 
Federal funds in receiving exclusions permitted by law.

SEC. 2918. CAPITAL INVESTMENT GRANT STREAMLINING.

    (a) In General.--Section 3005(b) of the FAST Act (Public Law 116-
94) is repealed.
    (b) Grandfather Clauses.--For any projects that have submitted an 
application or are being evaluated under the program described in 
section 3005(b) of such Act prior to the date of enactment of this Act, 
the Secretary shall--
            (1) continue to administer the project under the terms of 
        such section as it existed on the day prior to the date of 
        enactment of this Act; and
            (2) for purposes of providing Federal assistance to such 
        project (and notwithstanding any other provision of law), 
        provide such funds as may be necessary from the amounts 
        provided in section 5338(b) of title 49, United States Code, 
        and division A of this Act.

                   TITLE III--HIGHWAY TRAFFIC SAFETY

SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Highway safety programs.--For carrying out section 402 
        of title 23, United States Code--
                    (A) $378,400,000 for fiscal year 2023;
                    (B) $382,400,000 for fiscal year 2024;
                    (C) $386,500,000 for fiscal year 2025; and
                    (D) $390,400,000 for fiscal year 2026.
            (2) Highway safety research and development.--For carrying 
        out section 403 of title 23, United States Code--
                    (A) $182,495,000 for fiscal year 2023;
                    (B) $184,795,000 for fiscal year 2024;
                    (C) $187,795,000 for fiscal year 2025; and
                    (D) $190,695,000 for fiscal year 2026.
            (3) National priority safety programs.--For carrying out 
        section 405 of title 23, United States Code--
                    (A) $384,119,000 for fiscal year 2023;
                    (B) $393,205,000 for fiscal year 2024;
                    (C) $402,205,000 for fiscal year 2025; and
                    (D) $411,388,000 for fiscal year 2026.
            (4) National driver register.--For the National Highway 
        Traffic Safety Administration to carry out chapter 303 of title 
        49, United States Code--
                    (A) $5,700,000 for fiscal year 2023;
                    (B) $5,800,000 for fiscal year 2024;
                    (C) $5,900,000 for fiscal year 2025; and
                    (D) $6,000,000 for fiscal year 2026.
            (5) High-visibility enforcement program.--For carrying out 
        section 404 of title 23, United States Code--
                    (A) $60,200,000 for fiscal year 2023;
                    (B) $60,600,000 for fiscal year 2024;
                    (C) $60,800,000 for fiscal year 2025; and
                    (D) $61,200,000 for fiscal year 2026.
            (6) Administrative expenses.--For administrative and 
        related operating expenses of the National Highway Traffic 
        Safety Administration in carrying out chapter 4 of title 23, 
        United States Code--
                    (A) $30,586,000 for fiscal year 2023;
                    (B) $31,000,000 for fiscal year 2024;
                    (C) $31,500,000 for fiscal year 2025; and
                    (D) $31,917,000 for fiscal year 2026.
            (7) Center for fair and equitable traffic safety 
        enforcement.--For carrying out section 3003 of this title, 
        $35,000,000 for each of fiscal years 2023 through 2026.
    (b) Prohibition on Other Uses.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and chapter 303 of title 49, 
United States Code, the amounts made available from the Highway Trust 
Fund (other than the Mass Transit Account) for a program under such 
chapters--
            (1) shall only be used to carry out such program; and
            (2) may not be used by States or local governments for 
        construction purposes.
    (c) Applicability of Title 23.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and chapter 303 of title 49, 
United States Code, amounts made available under subsection (a) for 
fiscal years 2023 through 2026 shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 of title 
23, United States Code.
    (d) Regulatory Authority.--Grants awarded under chapter 4 of title 
23, United States Code, including any amendments made by this title, 
shall be carried out in accordance with regulations issued by the 
Secretary of Transportation.
    (e) State Matching Requirements.--If a grant awarded under chapter 
4 of title 23, United States Code, requires a State to share in the 
cost, the aggregate of all expenditures for highway safety activities 
made during a fiscal year by the State and its political subdivisions 
(exclusive of Federal funds) for carrying out the grant (other than 
planning and administration) shall be available for the purpose of 
crediting the State during such fiscal year for the non-Federal share 
of the cost of any other project carried out under chapter 4 of title 
23, United States Code (other than planning or administration), without 
regard to whether such expenditures were made in connection with such 
project.
    (f) Grant Application and Deadline.--To receive a grant under 
chapter 4 of title 23, United States Code, a State shall submit an 
application, and the Secretary of Transportation shall establish a 
single deadline for such applications to enable the award of grants 
early in the next fiscal year.

SEC. 3002. HIGHWAY SAFETY PROGRAMS.

    Section 402 of title 23, United States Code, is amended--
            (1) in subsection (a) by adding at the end the following:
            ``(3) Additional considerations.--States which have 
        legalized medicinal or recreational marijuana shall consider 
        programs in addition to the programs described in paragraph 
        (2)(A) to educate drivers on the risks associated with 
        marijuana-impaired driving and to reduce injuries and deaths 
        resulting from individuals driving motor vehicles while 
        impaired by marijuana.'';
            (2) in subsection (c)--
                    (A) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (4), and (5), respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) Additional uses.--In addition to uses authorized 
        under paragraph (1) and as approved by the Secretary, States 
        may use funds under this section to--
                    ``(A) educate the public on the dangers of 
                pediatric vehicular hyperthermia;
                    ``(B) purchase and distribute child restraints to 
                low-income families; and
                    ``(C) reduce injuries and deaths resulting from 
                drivers of motor vehicles not moving to another traffic 
                lane or reducing the speed of such driver's vehicle 
                when passing an emergency, law enforcement, or other 
                vehicle stopped or parked on or near the roadway.''.
                    (C) in paragraph (5), as so redesignated)--
                            (i) by striking subparagraph (C);
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (D); and
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) Special rule for school and work zones.--
                Notwithstanding subparagraph (A), a State may expend 
                funds apportioned to that State under this section to 
                carry out a program to purchase, operate, or maintain 
                an automated traffic system in a work zone or school 
                zone.
                    ``(C) Automated traffic enforcement system 
                guidelines.--Any automated traffic enforcement system 
                installed pursuant to subparagraph (B) shall comply 
                with speed enforcement camera systems and red light 
                camera systems guidelines established by the 
                Secretary.''; and
            (3) in subsection (n)--
                    (A) by striking ``Public Transparency'' and all 
                that follows through ``The Secretary'' and inserting 
                the following: ``Public Transparency.--
            ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) State highway safety plan website.--
                    ``(A) In general.--In carrying out the requirements 
                of paragraph (1), the Secretary shall establish a 
                public website that is easily accessible, navigable, 
                and searchable for the information required under 
                paragraph (1), in order to foster greater transparency 
                in approved State highway safety programs.
                    ``(B) Contents.--The website established under 
                subparagraph (A) shall--
                            ``(i) include each State highway safety 
                        plan and annual report submitted and approved 
                        by the Secretary under subsection (k);
                            ``(ii) provide a means for the public to 
                        search such website for State highway safety 
                        program content required in subsection (k), 
                        including--
                                    ``(I) performance measures required 
                                by the Secretary under paragraph 
                                (3)(A);
                                    ``(II) progress made toward meeting 
                                the State's performance targets for the 
                                previous year;
                                    ``(III) program areas and 
                                expenditures; and
                                    ``(IV) a description of any sources 
                                of funds other than funds provided 
                                under this section that the State 
                                proposes to use to carry out the State 
                                highway safety plan of such State.''.

SEC. 3003. FAIR AND EQUITABLE TRAFFIC SAFETY ENFORCEMENT.

    (a) In General.--The Secretary of Transportation shall make grants 
under this section to an eligible nonprofit institution of higher 
education with demonstrated expertise in promoting fair and equitable 
traffic safety enforcement to establish and operate a national center 
of excellence for fair and equitable traffic safety enforcement (in 
this section referred to as the ``Center'').
    (b) Purpose.--The purpose of the Center shall be to promote fair 
and equitable traffic safety enforcement with the goal of reducing 
traffic fatalities and injuries.
    (c) Role of Center.--The role of the Center shall be to establish 
and operate a national fair and equitable traffic safety enforcement 
clearinghouse to--
            (1) develop data collection systems to promote fair and 
        equitable traffic safety enforcement solutions, including 
        assisting States participating in the program established under 
        section 403(j) of title 23, United States Code, (as added by 
        this Act) share data collected to a national database;
            (2) develop recommendations for States to improve data 
        collection on law enforcement programs carried out under 
        sections 402 and 405 of this title in order to promote fair and 
        equitable traffic safety enforcement programs;
            (3) provide technical assistance to States on the 
        implementation of the program established under section 403(j) 
        of title 23, United States Code, as added by this Act;
            (4) research and disseminate best practices for 
        implementing equitable traffic safety enforcement programs; and
            (5) develop information and educational programs on 
        implementing equitable traffic safety enforcement best 
        practices.
    (d) Consultation.--In carrying out the activities under paragraphs 
(4) and (5) of subsection (c), the Center shall consult with relevant 
stakeholders, including--
            (1) civil rights organizations;
            (2) traffic safety advocacy groups;
            (3) law enforcement representatives; and
            (4) such other surface transportation stakeholders and 
        industry experts as the Center considers appropriate.
    (e) Report to Congress.--Not later than 2 years after the 
establishment of the Center under subsection (a), the Secretary shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report on progress made toward meeting the goals 
established under subsection (b).

SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

    Section 403 of title 23, United States Code, is amended--
            (1) in subsection (b) by inserting ``, training,'' after 
        ``demonstration projects'';
            (2) in subsection (f)(1)--
                    (A) by striking ``$2,500,000'' and inserting 
                ``$3,500,000''; and
                    (B) by striking ``subsection 402(c) in each fiscal 
                year ending before October 1, 2015, and $443,989 of the 
                total amount available for apportionment to the States 
                for highway safety programs under section 402(c) in the 
                period beginning on October 1, 2015, and ending on 
                December 4, 2015,'' and inserting ``section 402(c)(2) 
                in each fiscal year''; and
            (3) by striking subsection (h) and redesignating 
        subsections (i) and (j) as subsections (h) and (i), 
        respectively.

SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.

    Section 403 of title 23, United States Code, as amended by section 
3004 of this Act, is further amended by adding at the end the 
following:
    ``(j) Grant Program To Prohibit Racial Profiling.--
            ``(1) General authority.--Subject to the requirements of 
        this subsection, the Secretary shall make grants to a State 
        that--
                    ``(A) is maintaining and allows public inspection 
                of statistical information for each motor vehicle stop 
                made by a law enforcement officer on a Federal-aid 
                highway in the State regarding the race and ethnicity 
                of the driver; or
                    ``(B) provides assurances satisfactory to the 
                Secretary that the State is undertaking activities to 
                comply with the requirements of subparagraph (A).
            ``(2) Use of grant funds.--A grant received by a State 
        under paragraph (1) shall be used by the State for the costs 
        of--
                    ``(A) collecting and maintaining data on traffic 
                stops;
                    ``(B) evaluating the results of such data; and
                    ``(C) developing and implementing programs to 
                reduce the occurrence of racial profiling.
            ``(3) Limitations.--The total amount of grants made to a 
        State under this section in a fiscal year may not exceed--
                    ``(A) 10 percent of the amount made available to 
                carry out this section in the fiscal year for States 
                eligible under paragraph (1)(A); and
                    ``(B) 5 percent of the amount made available to 
                carry out this section in the fiscal year for States 
                eligible under paragraph (1)(B).
            ``(4) Funding.--From funds made available under this 
        section, the Secretary shall set aside $15,000,000 for each 
        fiscal year to carry out this subsection.''.

SEC. 3006. NATIONAL SAFETY CAMPAIGNS.

    Section 404 of title 23, United States Code, is amended to read as 
follows:
``Sec. 404. National safety campaigns
    ``(a) In General.--The Secretary shall establish and administer a 
program under which not less than 3 high-visibility enforcement 
campaigns and not less than 3 public awareness campaigns will be 
carried out in each of fiscal years 2023 through 2026.
    ``(b) High-visibility Enforcement.--In carrying out the 
requirements under paragraph (a), the Secretary shall ensure that in 
each fiscal year not less than 1 high-visibility enforcement campaign 
is carried out to--
            ``(1) reduce alcohol-impaired operation of a motor vehicle;
            ``(2) reduce alcohol-impaired and drug-impaired operation 
        of a motor vehicle; and
            ``(3) increase use of seatbelts by occupants of motor 
        vehicles.
    ``(c) Public Awareness.--The purpose of each public awareness 
campaign carried out under this section shall be to achieve outcomes 
related to not less than 1 of the following objectives:
            ``(1) Increase the proper use of seatbelts and child 
        restraints by occupants of motor vehicles.
            ``(2) Reduce texting through a personal wireless 
        communication device by drivers while operating a motor 
        vehicle.
            ``(3) Reduce violations of State move over laws which 
        require motorists to change lanes or slow down when emergency 
        or other vehicles are stopped or parked on or next to a 
        roadway.
    ``(d) Advertising.--The Secretary may use, or authorize the use of, 
funds available to carry out this section to pay for the development, 
production, and use of broadcast and print media advertising and 
Internet-based outreach in carrying out campaigns under this section. 
In allocating such funds, consideration shall be given to advertising 
directed at non-English speaking populations, including those who 
listen to, read, or watch nontraditional media.
    ``(e) Coordination With States.--The Secretary shall coordinate 
with States in carrying out the high-visibility enforcement campaigns 
under this section, including advertising funded under subsection (d), 
with consideration given to--
            ``(1) relying on States to provide law enforcement 
        resources for the campaigns out of funding made available under 
        sections 402 and 405; and
            ``(2) providing, out of National Highway Traffic Safety 
        Administration resources, most of the means necessary for 
        national advertising and education efforts associated with the 
        campaigns.
    ``(f) Coordination of Dynamic Highway Message Signs.--During 
national high-visibility enforcement emphasis periods supported by 
these funds, the Federal Highway Administration and the National 
Highway Traffic Safety Administration shall coordinate with State 
departments of transportation on the use of dynamic highway message 
signs to support high-visibility national emphasis activities.
    ``(g) Use of Funds.--Funds made available to carry out this section 
may be used only for activities described in subsections (c) and (d).
    ``(h) Definition.--In this section:
            ``(1) Campaign.--The term `campaign' means a high-
        visibility traffic safety law enforcement campaign or a traffic 
        safety public awareness campaign.
            ``(2) Dynamic highway.--The term `dynamic highway message 
        sign' means a traffic control device that is capable of 
        displaying one or more alternative messages which convey 
        information to travelers.
            ``(3) State.--The `State' has the meaning given that term 
        in section 401.''.

SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS.

    (a) In General.--Section 405 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``13 percent'' and 
                inserting ``12.85 percent'';
                    (B) in paragraph (2) by striking ``14.5 percent'' 
                and inserting ``14.3 percent'';
                    (C) in paragraph (3) by striking ``52.5 percent'' 
                and inserting ``51.75 percent'';
                    (D) in paragraph (4) by striking ``8.5 percent'' 
                and inserting ``8.3 percent'';
                    (E) in paragraph (6) by striking ``5 percent'' and 
                inserting ``4.9 percent'';
                    (F) in paragraph (7) by striking ``5 percent'' and 
                inserting ``4.9 percent'';
                    (G) in paragraph (8)--
                            (i) by striking ``paragraphs (1) through 
                        (7)'' and inserting ``paragraphs (1) through 
                        (8)'';
                            (ii) by striking ``subsection (b) through 
                        (h)'' and inserting ``subsections (b) through 
                        (i)''; and
                            (iii) by inserting ``to carry out any of 
                        the other activities described in such 
                        subsections, or the amount made available'' 
                        before ``under section 402(c)(2)'';
                    (H) in paragraph (9)(A) by striking ``date of 
                enactment of the FAST Act'' and inserting ``date of 
                enactment of the INVEST in America Act'';
                    (I) by redesignating paragraphs (8) and (9) as 
                paragraphs (9) and (10), respectively; and
                    (J) by inserting after paragraph (7) the following:
            ``(8) Driver and officer safety education.--In each fiscal 
        year, 1.5 percent of the funds provided under this section 
        shall be allocated among States that meet the requirements with 
        respect to driver and officer safety education (as described in 
        subsection (i)).'';
            (2) in subsection (c)(3)(E) by striking ``5'' and inserting 
        ``10'';
            (3) in subsection (b)(4)--
                    (A) in subparagraph (A) by striking clause (v) and 
                inserting the following:
                            ``(v) implement programs in low-income and 
                        underserved populations to--
                                    ``(I) recruit and train occupant 
                                protection safety professionals, 
                                nationally certified child passenger 
                                safety technicians, police officers, 
                                fire and emergency medical personnel, 
                                and educators serving low-income and 
                                underserved populations;
                                    ``(II) educate parents and 
                                caregivers in low-income and 
                                underserved populations about the 
                                proper use and installation of child 
                                safety seats; and
                                    ``(III) purchase and distribute 
                                child safety seats to low-income and 
                                underserved populations; and''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``100 percent'' and 
                        inserting ``90 percent''; and
                            (ii) by inserting ``The remaining 10 
                        percent of such funds shall be used to carry 
                        out subsection (A)(v).'' after ``section 
                        402.'';
            (4) by striking subsection (c)(4) and inserting the 
        following:
            ``(4) Use of grant amounts.--Grant funds received by a 
        State under this subsection shall be used for--
                    ``(A) making data program improvements to core 
                highway safety databases related to quantifiable, 
                measurable progress in any of the 6 significant data 
                program attributes set forth in paragraph (3)(D);
                    ``(B) developing or acquiring information 
                technology for programs to identify, collect, and 
                report data to State and local government agencies, and 
                enter data, including crash, citation and adjudication, 
                driver, emergency medical services or injury 
                surveillance system, roadway, and vehicle, into the 
                core highway safety databases of a State;
                    ``(C) purchasing equipment used to identify, 
                collect, and report State safety data to support State 
                efforts to improve State traffic safety information 
                systems;
                    ``(D) linking core highway safety databases of a 
                State with such databases of other States;
                    ``(E) improving the compatibility and 
                interoperability of the core highway safety databases 
                of the State with national data systems and data 
                systems of other States;
                    ``(F) costs associated with training State and 
                local personnel on ways to improve State traffic safety 
                information systems;
                    ``(G) hiring a Fatality Analysis Reporting System 
                liaison for a State; and
                    ``(H) conducting research on State traffic safety 
                information systems, including developing and 
                evaluating programs to improve core highway safety 
                databases of such State and processes by which data is 
                identified, collected, reported to State and local 
                government agencies, and entered into such core safety 
                databases.'';
            (5) by striking subsection (d)(6)(A) and inserting the 
        following:
                    ``(A) Grants to states with alcohol-ignition 
                interlock laws.--The Secretary shall make a separate 
                grant under this subsection to each State that--
                            ``(i) adopts and is enforcing a mandatory 
                        alcohol-ignition interlock law for all 
                        individuals at the time of, or prior to, a 
                        conviction of driving under the influence of 
                        alcohol or of driving while intoxicated;
                            ``(ii) does not allow any individual 
                        required to have an ignition interlock for 
                        driving privileges to drive a motor vehicle 
                        unless such individual installs an ignition 
                        interlock for a minimum 180-day interlock 
                        period; or
                            ``(iii) has--
                                    ``(I) enacted and is enforcing a 
                                state law requiring all individuals 
                                convicted of, or whose driving 
                                privilege is revoked or denied for, 
                                refusing to submit to a chemical or 
                                other test for the purpose of 
                                determining the presence or 
                                concentration of any intoxicating 
                                substance to install an ignition 
                                interlock for a minimum 180-day 
                                interlock period unless the driver 
                                successfully completes an appeal 
                                process; and
                                    ``(II) a compliance-based removal 
                                program in which an individual required 
                                to install an ignition interlock for a 
                                minimum 180-day interlock period and 
                                have completed a minimum consecutive 
                                period of not less than 60 days of the 
                                required interlock period immediately 
                                preceding the date of release, without 
                                a confirmed violation, as defined by 
                                State law or regulations, of driving 
                                under the influence of alcohol or 
                                driving while intoxicated.'';
            (6) in subsection (e)--
                    (A) in paragraph (1) by striking ``paragraphs (2) 
                and (3)'' and inserting ``paragraph (2)'';
                    (B) in paragraph (4)--
                            (i) by striking ``paragraph (2) or (3)'' 
                        and inserting ``paragraph (3) or (4)'';
                            (ii) in subparagraph (A) by striking 
                        ``communications device to contact emergency 
                        services'' and inserting ``communications 
                        device during an emergency to contact emergency 
                        services or to prevent injury to persons or 
                        property'';
                            (iii) in subparagraph (C) by striking ``; 
                        and'' and inserting a semicolon;
                            (iv) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                            (v) by inserting after subparagraph (C) the 
                        following:
                    ``(D) a driver who uses a personal wireless 
                communication device for navigation; and'';
                    (C) in paragraph (5)(A)(i) by striking ``texting or 
                using a cell phone while'' and inserting 
                ``distracted'';
                    (D) in paragraph (7) by striking ``Of the amounts'' 
                and inserting ``In addition to the amounts authorized 
                under section 404 and of the amounts'';
                    (E) in paragraph (9)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Personal wireless communications device.--The 
                term `personal wireless communications device' means--
                            ``(i) until the date on which the Secretary 
                        issues a regulation pursuant to paragraph 
                        (8)(A), a device through which personal 
                        services (as such term is defined in section 
                        332(c)(7)(C)(i) of the Communications Act of 
                        1934 (47 U.S.C. 332(c)(7)(C)(i)) are 
                        transmitted, but not including the use of such 
                        a device as a global navigation system receiver 
                        used for positioning, emergency notification, 
                        or navigation purposes; and
                            ``(ii) on and after the date on which the 
                        Secretary issues a regulation pursuant to 
                        paragraph (8)(A), the definition described in 
                        such regulation.''; and
                            (ii) by striking subparagraph (E) and 
                        inserting the following:
                    ``(E) Texting.--The term `texting' means--
                            ``(i) until the date on which the Secretary 
                        issues a regulation pursuant to paragraph 
                        (8)(A), reading from or manually entering data 
                        into a personal wireless communications device, 
                        including doing so for the purpose of SMS 
                        texting, emailing, instant messaging, or 
                        engaging in any other form of electronic data 
                        retrieval or electronic data communication; and
                            ``(ii) on and after the date on which the 
                        Secretary issues a regulation pursuant to 
                        paragraph (8)(A), the definition described in 
                        such regulation.'';
                    (F) by striking paragraphs (2), (3), (6), and (8);
                    (G) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively;
                    (H) by inserting after paragraph (1) the following:
            ``(2) Allocation.--
                    ``(A) In general.--Subject to subparagraphs (B), 
                (C), and (D), the allocation of grant funds to a State 
                under this subsection for a fiscal year shall be in 
                proportion to the State's apportionment under section 
                402 for fiscal year 2009.
                    ``(B) Primary offense laws.--A State that has 
                enacted and is enforcing a law that meets the 
                requirements set forth in paragraphs (3) and (4) as a 
                primary offense shall be allocated 100 percent of the 
                amount calculated under subparagraph (A).
                    ``(C) Secondary offense laws.--A State that has 
                enacted and is enforcing a law that meets the 
                requirements set forth in paragraphs (3) and (4) as a 
                secondary offense shall be allocated 50 percent of the 
                amount calculated under subparagraph (A).
                    ``(D) Texting while driving.--Notwithstanding 
                subparagraphs (B) and (C), a State shall be allocated 
                25 percent of the amount calculated under subparagraph 
                (A) if such State has enacted and is enforcing a law 
                that prohibits a driver from viewing a personal 
                wireless communication device, except for the purpose 
                of navigation.
            ``(3) Prohibition on handheld personal wireless 
        communication device use while driving.--A State law meets the 
        requirements set forth in this paragraph if the law--
                    ``(A) prohibits a driver from holding or using, 
                including texting, a personal wireless communications 
                device while driving, except for the use of a personal 
                wireless communications device--
                            ``(i) in a hands-free manner or with a 
                        hands-free accessory; or
                            ``(ii) to activate or deactivate a feature 
                        or function of the personal wireless 
                        communications device;
                    ``(B) establishes a fine for a violation of the 
                law; and
                    ``(C) does not provide for an exemption that 
                specifically allows a driver to hold or use a personal 
                wireless communication device while stopped in traffic.
            ``(4) Prohibition on personal wireless communication device 
        use while driving or stopped in traffic.--A State law meets the 
        requirements set forth in this paragraph if the law--
                    ``(A) prohibits a driver from holding or using a 
                personal wireless communications device while driving 
                if the driver is--
                            ``(i) younger than 18 years of age; or
                            ``(ii) in the learner's permit or 
                        intermediate license stage described in 
                        subparagraph (A) or (B) of subsection (g)(2);
                    ``(B) establishes a fine for a violation of the 
                law; and
                    ``(C) does not provide for an exemption that 
                specifically allows a driver to use a personal wireless 
                communication device while stopped in traffic.''; and
                    (I) by inserting after paragraph (7) the following:
            ``(8) Rulemaking.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall issue such 
        regulations as are necessary to account for diverse State 
        approaches to combating distracted driving that--
                    ``(A) defines the terms personal wireless 
                communications device and texting for the purposes of 
                this subsection; and
                    ``(B) determines additional permitted exceptions 
                that are appropriate for a State law that meets the 
                requirements under paragraph (3) or (4).'';
            (7) in subsection (g)--
                    (A) in paragraph (1) by inserting ``subparagraphs 
                (A) and (B) of'' before ``paragraph (2)'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Minimum requirements.--
                    ``(A) Tier 1 state.--A State shall be eligible for 
                a grant under this subsection as a Tier 1 State if such 
                State requires novice drivers younger than 18 years of 
                age to comply with a 2-stage graduated driver licensing 
                process before receiving an unrestricted driver's 
                license that includes--
                            ``(i) a learner's permit stage that--
                                    ``(I) is at least 180 days in 
                                duration;
                                    ``(II) requires that the driver be 
                                accompanied and supervised at all 
                                times; and
                                    ``(III) has a requirement that the 
                                driver obtain at least 40 hours of 
                                behind-the-wheel training with a 
                                supervisor; and
                            ``(ii) an intermediate stage that--
                                    ``(I) commences immediately after 
                                the expiration of the learner's permit 
                                stage;
                                    ``(II) is at least 180 days in 
                                duration; and
                                    ``(III) for the first 180 days of 
                                the intermediate stage, restricts the 
                                driver from--
                                            ``(aa) driving at night 
                                        between the hours of 11:00 p.m. 
                                        and at least 4:00 a.m. except--

                                                    ``(AA) when a 
                                                parent, guardian, 
                                                driving instructor, or 
                                                licensed driver who is 
                                                at least 21 years of 
                                                age is in the motor 
                                                vehicle; and

                                                    ``(BB) when driving 
                                                to and from work, 
                                                school and school-
                                                related activities, 
                                                religious activities, 
                                                for emergencies, or as 
                                                a member of voluntary 
                                                emergency service; and

                                            ``(bb) operating a motor 
                                        vehicle with more than 1 
                                        nonfamilial passenger younger 
                                        than 18 years of age, except 
                                        when a parent, guardian, 
                                        driving instructor, or licensed 
                                        driver who is at least 21 years 
                                        of age is in the motor vehicle.
                    ``(B) Tier 2 state.--A State shall be eligible for 
                a grant under this subsection as a Tier 2 State if such 
                State requires novice drivers younger than 18 years of 
                age to comply with a 2-stage graduated driver licensing 
                process before receiving an unrestricted driver's 
                license that includes--
                            ``(i) a learner's permit stage that--
                                    ``(I) is at least 180 days in 
                                duration;
                                    ``(II) requires that the driver be 
                                accompanied and supervised at all 
                                times; and
                                    ``(III) has a requirement that the 
                                driver obtain at least 50 hours of 
                                behind-the-wheel training, with at 
                                least 10 hours at night, with a 
                                supervisor; and
                            ``(ii) an intermediate stage that--
                                    ``(I) commences immediately after 
                                the expiration of the learner's permit 
                                stage;
                                    ``(II) is at least 180 days in 
                                duration; and
                                    ``(III) for the first 180 days of 
                                the intermediate stage, restricts the 
                                driver from--
                                            ``(aa) driving at night 
                                        between the hours of 10:00 p.m. 
                                        and at least 4:00 a.m. except--

                                                    ``(AA) when a 
                                                parent, guardian, 
                                                driving instructor, or 
                                                licensed driver who is 
                                                at least 21 years of 
                                                age is in the motor 
                                                vehicle; and

                                                    ``(BB) when driving 
                                                to and from work, 
                                                school and school-
                                                related activities, 
                                                religious activities, 
                                                for emergencies, or as 
                                                a member of voluntary 
                                                emergency service; and

                                            ``(bb) operating a motor 
                                        vehicle with any nonfamilial 
                                        passenger younger than 18 years 
                                        of age, except when a parent, 
                                        guardian, driving instructor, 
                                        or licensed driver who is at 
                                        least 21 years of age is in the 
                                        motor vehicle.'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A) by inserting 
                        ``subparagraphs (A) and (B) of'' before 
                        ``paragraph (2)''; and
                            (ii) in subparagraph (B) by inserting 
                        ``subparagraphs (A) and (B) of'' before 
                        ``paragraph (2)'' each place such term appears;
                    (D) in paragraph (4) by striking ``such fiscal 
                year'' and inserting ``fiscal year 2009''; and
                    (E) by striking paragraph (5) and inserting the 
                following:
            ``(5) Use of funds.--
                    ``(A) Tier 1 states.--A Tier 1 State shall use 
                grant funds provided under this subsection for--
                            ``(i) enforcing a 2-stage licensing process 
                        that complies with paragraph (2);
                            ``(ii) training for law enforcement 
                        personnel and other relevant State agency 
                        personnel relating to the enforcement described 
                        in clause (i);
                            ``(iii) publishing relevant educational 
                        materials that pertain directly or indirectly 
                        to the State graduated driver licensing law;
                            ``(iv) carrying out other administrative 
                        activities that the Secretary considers 
                        relevant to the State's 2-stage licensing 
                        process; or
                            ``(v) carrying out a teen traffic safety 
                        program described in section 402(m).
                    ``(B) Tier 2 states .--Of the grant funds made 
                available to a Tier 2 State under this subsection--
                            ``(i) 25 percent shall be used for any 
                        activity described in subparagraph (A); and
                            ``(ii) 75 percent may be used for any 
                        project or activity eligible under section 
                        402.'';
            (8) by amending subsection (h)(4) to read as follows:
            ``(4) Use of grant amounts.--Grant funds received by a 
        State under this subsection may be used for the safety of 
        pedestrians and bicyclists, including--
                    ``(A) training of law enforcement officials on 
                pedestrian and bicycle safety, State laws applicable to 
                pedestrian and bicycle safety, and infrastructure 
                designed to improve pedestrian and bicycle safety;
                    ``(B) carrying out a program to support enforcement 
                mobilizations and campaigns designed to enforce State 
                traffic laws applicable to pedestrian and bicycle 
                safety;
                    ``(C) public education and awareness programs 
                designed to inform motorists, pedestrians, and 
                bicyclists about--
                            ``(i) pedestrian and bicycle safety, 
                        including information on nonmotorized mobility 
                        and the important of speed management to the 
                        safety of pedestrians and bicyclists;
                            ``(ii) the value of the use of pedestrian 
                        and bicycle safety equipment, including 
                        lighting, conspicuity equipment, mirrors, 
                        helmets and other protective equipment, and 
                        compliance with any State or local laws 
                        requiring their use;
                            ``(iii) State traffic laws applicable to 
                        pedestrian and bicycle safety, including 
                        motorists' responsibilities towards pedestrians 
                        and bicyclists; and
                            ``(iv) infrastructure designed to improve 
                        pedestrian and bicycle safety; and
                    ``(D) data analysis and research concerning 
                pedestrian and bicycle safety.''; and
            (9) by adding at the end the following:
    ``(i) Driver and Officer Safety Education.--
            ``(1) General authority.--Subject to the requirements under 
        this subsection, the Secretary shall award grants to--
                    ``(A) States that enact a commuter safety education 
                program; and
                    ``(B) States qualifying under paragraph (5)(A).
            ``(2) Federal share.--The Federal share of the costs of 
        activities carried out using amounts from a grant awarded under 
        this subsection may not exceed 80 percent.
            ``(3) Eligibility.--To be eligible for a grant under this 
        subsection, a State shall enact a law or adopt a program that 
        requires the following:
                    ``(A) Driver education and driving safety 
                courses.--Inclusion, in driver education and driver 
                safety courses provided to individuals by educational 
                and motor vehicle agencies of the State, of instruction 
                and testing concerning law enforcement practices during 
                traffic stops, including information on--
                            ``(i) the role of law enforcement and the 
                        duties and responsibilities of peace officers;
                            ``(ii) an individual's legal rights 
                        concerning interactions with peace officers;
                            ``(iii) best practices for civilians and 
                        peace officers during such interactions;
                            ``(iv) the consequences for an individual's 
                        or officer's failure to comply with those laws 
                        and programs; and
                            ``(v) how and where to file a complaint 
                        against or a compliment on behalf of a peace 
                        officer.
                    ``(B) Peace officer training programs.--Development 
                and implementation of a training program, including 
                instruction and testing materials, for peace officers 
                and reserve law enforcement officers (other than 
                officers who have received training in a civilian 
                course described in subparagraph (A)) with respect to 
                proper interaction with civilians during traffic stops.
            ``(4) Grant amount.--The allocation of grant funds to a 
        State under this subsection for a fiscal year shall be in 
        proportion to the State's apportionment under section 402 for 
        fiscal year 2009.
            ``(5) Special rule for certain states.--
                    ``(A) Qualifying state.--A State qualifies pursuant 
                to this subparagraph if--
                            ``(i) the Secretary determines such State 
                        has taken meaningful steps toward the full 
                        implementation of a law or program described in 
                        paragraph (3);
                            ``(ii) the Secretary determines such State 
                        has established a timetable for the 
                        implementation of such a law or program; and
                            ``(iii) such State has received a grant 
                        pursuant to this subsection for a period of not 
                        more than 5 years.
                    ``(B) Withholding.--With respect to a State that 
                qualifies pursuant to subparagraph (A), the Secretary 
                shall--
                            ``(i) withhold 50 percent of the amount 
                        that such State would otherwise receive if such 
                        State were a State described in paragraph 
                        (1)(A); and
                            ``(ii) direct any such amounts for 
                        distribution among the States that are 
                        enforcing and carrying out a law or program 
                        described in paragraph (3).
            ``(6) Use of grant amounts.--A State receiving a grant 
        under this subsection may use such grant--
                    ``(A) for the production of educational materials 
                and training of staff for driver education and driving 
                safety courses and peace officer training described in 
                paragraph (3); and
                    ``(B) for the implementation of the law described 
                in paragraph (3).''.
    (b) Conforming Amendment.--Sections 402, 403, and 405 of title 23, 
United States Code, are amended--
            (1) by striking ``accidents'' and inserting ``crashes'' 
        each place it appears; and
            (2) by striking ``accident'' and inserting ``crash'' each 
        place it appears.

SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE 
              INTOXICATED OR DRIVING UNDER THE INFLUENCE.

    Section 164(b)(1) of title 23, United States Code, is amended--
            (1) in subparagraph (A) by striking ``alcohol-impaired'' 
        and inserting ``alcohol or polysubstance-impaired''; and
            (2) in subparagraph (B)--
                    (A) by striking ``alcohol-impaired'' and inserting 
                ``alcohol or polysubstance-impaired'';
                    (B) by striking ``or'' and inserting a comma; and
                    (C) by inserting ``, or driving while 
                polysubstance-impaired'' after ``driving under the 
                influence''.

SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.

    Section 4010(2) of the FAST Act (23 U.S.C. 405 note) is amended by 
striking ``deficiencies'' and inserting ``all deficiencies''.

SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING GRANTS.

    (a) In General.--The Secretary of Transportation shall make grants 
to institutions of higher education (as such term is defined in section 
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to carry out 
research, development, technology transfer, and training activities in 
the operation or establishment of an implicit bias training program as 
it relates to racial profiling at traffic stops.
    (b) Qualifications.--To be eligible for a grant under this section, 
an institution of higher education shall--
            (1) have an active research program or demonstrate, to the 
        satisfaction of the Secretary, that the applicant is beginning 
        a research program to study implicit bias as it relates to 
        racial profiling before and during traffic stops; and
            (2) partner with State and local police departments to 
        conduct the research described in paragraph (1) and carry out 
        the implementation of implicit bias training with State and 
        local police departments.
    (c) Report.--No later than 1 year after a grant has been awarded 
under this section, the institution of higher education awarded the 
grant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report 
summarizing the research on implicit bias as it relates to racial 
profiling before and during traffic stops, and recommendations on 
effective interventions and trainings.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $20,000,000 for each fiscal year to carry out this 
section.
    (e) Definitions.--In this section, the term ``implicit bias 
training program'' means a program that looks at the attitudes, 
stereotypes, and lenses human beings develop through various 
experiences in life that can unconsciously affect how they interact 
with one another.

SEC. 3011. STOP MOTORCYCLE CHECKPOINT FUNDING.

    Section 4007 of the FAST Act (23 U.S.C. 153 note) is amended--
            (1) in paragraph (1) by striking ``or'' at the end;
            (2) in paragraph (2) by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) otherwise profile and stop motorcycle operators or 
        motorcycle passengers using as a factor the clothing or mode of 
        transportation of such operators or passengers.''.

SEC. 3012. ELECTRONIC DRIVER'S LICENSE.

    (a) REAL ID Act.--Section 202(a)(1) of the REAL ID Act of 2005 (49 
U.S.C. 30301 note) is amended by striking ``a driver's license or 
identification card'' and inserting ``a physical or digital driver's 
license or identification card''.
    (b) Title 18.--Section 1028(d)(7)(A) of title 18, United States 
Code, is amended by striking ``government issued driver's license'' and 
inserting ``government issued physical or digital driver's license''.

SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL.

    (a) Short Title.--This section may be cited as the ``Motorcyclist 
Advisory Council Reauthorization Act''.
    (b) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a Motorcyclist Advisory Council (in this section referred to as the 
``Council'').
    (c) Duties.--
            (1) Advising.--The Council shall advise the Secretary, the 
        Administrator of the National Highway Traffic Safety 
        Administration, and the Administrator of the Federal Highway 
        Administration on transportation issues of concern to 
        motorcyclists, including--
                    (A) barrier design;
                    (B) road design, construction, and maintenance 
                practices; and
                    (C) the architecture and implementation of 
                intelligent transportation system technologies.
            (2) Biennial council report.--
                    (A) In general.--The Council shall submit a report 
                to the Secretary containing the Council's 
                recommendations regarding the issues described in 
                paragraph (1) on which the Council provides advice 
                pursuant to such paragraph.
                    (B) Timing.--Not later than October 31 of the 
                calendar year following the calendar year in which the 
                Council is established, and by every 2nd October 31 
                thereafter, the Council shall submit the report 
                required under this paragraph.
    (d) Membership.--
            (1) In general.--The Council shall be comprised of 12 
        members appointed by the Secretary as follows:
                    (A) Five experts from State or local government on 
                highway engineering issues, including--
                            (i) barrier design;
                            (ii) road design, construction, and 
                        maintenance; or
                            (iii) intelligent transportation systems.
                    (B) One State or local traffic and safety engineer, 
                design engineer, or other transportation department 
                official who is a motorcyclist.
                    (C) One representative from a national association 
                of State transportation officials.
                    (D) One representative from a national motorcyclist 
                association.
                    (E) One representative from a national motorcyclist 
                foundation.
                    (F) One representative from a national motorcycle 
                manufacturing association.
                    (G) One roadway safety data expert on crash testing 
                and analysis.
                    (H) One member of a national safety organization 
                that represents the traffic safety systems industry.
            (2) Duration.--
                    (A) Term.--Subject to subparagraphs (B) and (C), 
                each member shall serve one term of 2 years.
                    (B) Additional terms.--If a successor is not 
                designated for a member before the expiration of the 
                term the member is serving, the member may serve 
                another term.
                    (C) Appointment of replacements.--If a member 
                resigns before serving a full 2-year term, the 
                Secretary may appoint a replacement for such member to 
                serve the remaining portion such term. A member may 
                continue to serve after resignation until a successor 
                has been appointed. A vacancy in the Council shall be 
                filled in the manner in which the original appointment 
                was made.
            (3) Compensation.--Members shall serve without 
        compensation.
    (e) Termination.--The Council shall terminate 6 years after the 
date of its establishment.
    (f) Duties of the Secretary.--
            (1) Accept or reject recommendation.--
                    (A) Secretary determines.--The Secretary shall 
                determine whether to accept or reject a recommendation 
                contained in a Council report.
                    (B) Timing.--
                            (i) Must accept or reject.--The Secretary 
                        must indicate in each report submitted under 
                        this section the Secretary's acceptance or 
                        rejection of each recommendation listed in such 
                        report.
                            (ii) Exception.--The Secretary may indicate 
                        in a report submitted under this section that a 
                        recommendation is under consideration. If the 
                        Secretary does so, the Secretary must accept or 
                        reject the recommendation in the next report 
                        submitted under this section.
            (2) Report.--
                    (A) In general.--Not later than 60 days after the 
                Secretary receives a Council report, the Secretary 
                shall submit a report to the following committees and 
                subcommittees:
                            (i) The Committee on Transportation and 
                        Infrastructure of the House of Representatives.
                            (ii) The Committee on Environment and 
                        Public Works of the Senate.
                            (iii) The Committee on Commerce, Science, 
                        and Transportation of the Senate.
                            (iv) The Subcommittee on Transportation, 
                        and Housing and Urban Development, and Related 
                        Agencies of the Committee on Appropriations of 
                        the House of Representatives.
                            (v) The Subcommittee on Transportation, and 
                        Housing and Urban Development, and Related 
                        Agencies of the Committee on Appropriations of 
                        the Senate.
                    (B) Contents.--A report submitted under this 
                subsection shall include--
                            (i) a list containing--
                                    (I) each recommendation contained 
                                in the Council report described in 
                                paragraph (1); and
                                    (II) each recommendation indicated 
                                as under consideration in the previous 
                                report submitted under this subsection; 
                                and
                            (ii) for each such recommendation, whether 
                        it is accepted, rejected, or under 
                        consideration by the Secretary.
            (3) Administrative and technical support.--The Secretary 
        shall provide such administrative support, staff, and technical 
        assistance to the Council as the Secretary determines to be 
        necessary for the Council to carry out its duties.
    (g) Definitions.--In this section:
            (1) Council report.--The term ``Council report'' means the 
        report described in subsection (f)(2).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 3014. REPORT ON MARIJUANA RESEARCH.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation, in consultation with the 
Attorney General and the Secretary of Health and Human Services, shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and make publicly available on the 
Department of Transportation website, a report and recommendations on--
            (1) increasing and improving access, for scientific 
        researchers studying impairment while driving under the 
        influence of marijuana, to samples and strains of marijuana and 
        products containing marijuana lawfully being offered to 
        patients or consumers in a State on a retail basis;
            (2) establishing a national clearinghouse to collect and 
        distribute samples and strains of marijuana for scientific 
        research that includes marijuana and products containing 
        marijuana lawfully available to patients or consumers in a 
        State on a retail basis;
            (3) facilitating access, for scientific researchers located 
        in States that have not legalized marijuana for medical or 
        recreational use, to samples and strains of marijuana and 
        products containing marijuana from such clearinghouse for 
        purposes of research on marijuana-impaired driving; and
            (4) identifying Federal statutory and regulatory barriers 
        to the conduct of scientific research and the establishment of 
        a national clearinghouse for purposes of facilitating research 
        on marijuana-impaired driving.
    (b) Definition of Marijuana.--In this section, the term 
``marijuana'' has the meaning given such term in section 4008 of the 
FAST Act (Public Law 114-94).

SEC. 3015. COMPTROLLER GENERAL STUDY ON NATIONAL DUI REPORTING.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the reporting of alcohol-impaired driving arrest and 
citation results into Federal databases to facilitate the widespread 
identification of repeat impaired driving offenders.
    (b) Inclusions.--The study conducted under subsection (a) shall 
include a detailed assessment of--
            (1) the extent to which State and local criminal justice 
        agencies are reporting alcohol-impaired driving arrest and 
        citation results into Federal databases;
            (2) barriers on the Federal, State, and local levels to the 
        reporting of alcohol-impaired driving arrest and citation 
        results into Federal databases, as well as barriers to the use 
        of those systems by criminal justice agencies;
            (3) Federal, State, and local resources available to 
        improve the reporting of alcohol-impaired driving arrest and 
        citation results into Federal databases;
            (4) recommendations for policies and programs to be carried 
        out by the National Highway Traffic Safety Administration; and
            (5) recommendations for programs and grant funding to be 
        authorized by Congress.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the appropriate committees of Congress a report on the results of the 
study conducted under subsection (a).

                     TITLE IV--MOTOR CARRIER SAFETY

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

SEC. 4101. MOTOR CARRIER SAFETY GRANTS.

    (a) In General.--Section 31104 of title 49, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Financial Assistance Programs.--The following sums are 
authorized to be appropriated from the Highway Trust Fund (other than 
the Mass Transit Account):
            ``(1) Motor carrier safety assistance program.--Subject to 
        paragraph (2) and subsection (c), to carry out section 31102 
        (except subsection (l))--
                    ``(A) $388,950,000 for fiscal year 2023;
                    ``(B) $398,700,000 for fiscal year 2024;
                    ``(C) $408,900,000 for fiscal year 2025; and
                    ``(D) $418,425,000 for fiscal year 2026.
            ``(2) High-priority activities program.--Subject to 
        subsection (c), to carry out section 31102(l)--
                    ``(A) $72,604,000 for fiscal year 2023;
                    ``(B) $74,424,000 for fiscal year 2024;
                    ``(C) $76,328,000 for fiscal year 2025; and
                    ``(D) $78,106,000 for fiscal year 2026.
            ``(3) Commercial motor vehicle operators grant program.--To 
        carry out section 31103--
                    ``(A) $1,037,200 for fiscal year 2023;
                    ``(B) $1,063,200 for fiscal year 2024;
                    ``(C) $1,090,400 for fiscal year 2025; and
                    ``(D) $1,115,800 for fiscal year 2026.
            ``(4) Commercial driver's license program implementation 
        program.--Subject to subsection (c), to carry out section 
        31313--
                    ``(A) $56,008,800 for fiscal year 2023;
                    ``(B) $57,412,800 for fiscal year 2024;
                    ``(C) $58,881,600 for fiscal year 2025; and
                    ``(D) $60,253,200 for fiscal year 2026.'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Partner Training and Program Support.--
            ``(1) In general.--On October 1 of each fiscal year, or as 
        soon after that date as practicable, the Secretary may deduct 
        from amounts made available under paragraphs (1), (2), and (4) 
        of subsection (a) for that fiscal year not more than 1.8 
        percent of those amounts for partner training and program 
        support in that fiscal year.
            ``(2) Use of funds.--The Secretary shall use at least 50 
        percent of the amounts deducted under paragraph (1) on training 
        and related training materials for non-Federal Government 
        employees.
            ``(3) Partnership.--The Secretary shall carry out the 
        training and development of materials pursuant to paragraph (2) 
        in partnership with one or more nonprofit organizations, 
        through a competitive grant, that have--
                    ``(A) expertise in conducting a training program 
                for non-Federal Government employees; and
                    ``(B) a demonstrated ability to involve in a 
                training program the target population of commercial 
                motor vehicle safety enforcement employees.'';
            (3) in subsection (f)--
                    (A) in paragraph (1) by striking ``the next fiscal 
                year'' and inserting ``the following 2 fiscal years'';
                    (B) in paragraph (2)--
                            (i) by striking ``section 31102(l)(2)'' and 
                        inserting ``paragraphs (2) and (4) of section 
                        31102(l)'';
                            (ii) by striking ``the next 2 fiscal 
                        years'' and inserting ``the following 3 fiscal 
                        years''; and
                    (C) in paragraph (3) by striking ``the next 4 
                fiscal years'' and inserting ``the following 5 fiscal 
                years''; and
            (4) by adding at the end the following:
    ``(j) Treatment of Reallocations.--Amounts that are obligated and 
subsequently, after the date of enactment of this subsection, released 
back to the Secretary under subsection (i) shall not be subject to 
limitations on obligations provided under any other provision of 
law.''.
    (b) Commercial Driver's License Program Implementation Financial 
Assistance Program.--Section 31313(b) of title 49, United States Code, 
is amended--
            (1) by striking the period at the end and inserting ``; 
        and'';
            (2) by striking ``A recipient'' and inserting the 
        following: ``In participating in financial assistance program 
        under this section--
            ``(1) a recipient''; and
            (3) by adding at the end the following:
            ``(2) a State may not receive more than $250,000 in grants 
        under subsection (a)(2)(B) in any fiscal year--
                    ``(A) in which the State prohibits private 
                commercial driving schools or independent commercial 
                driver's license testing facilities from offering a 
                commercial driver's license skills test as a third-
                party tester; or
                    ``(B) in which a State fails to report to the 
                Administrator of the Federal Motor Carrier Safety 
                Administration, during the previous fiscal year, the 
                average number of days of delays for an initial 
                commercial driver's license skills test or retest 
                within the State.''.

SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS.

    (a) In General.--Section 31110 of title 49, United States Code, is 
amended by striking subsection (a) and inserting the following:
    ``(a) Administrative Expenses.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to pay administrative 
expenses of the Federal Motor Carrier Safety Administration--
            ``(1) $380,500,000 for fiscal year 2023;
            ``(2) $381,500,000 for fiscal year 2024;
            ``(3) $382,500,000 for fiscal year 2025; and
            ``(4) $384,500,000 for fiscal year 2026.''.
    (b) Administrative Expenses.--
            (1) Use of funds.--The Administrator of the Federal Motor 
        Carrier Safety Administration shall use funds made available in 
        subsection (a) for--
                    (A) acceleration of planned investments to 
                modernize the Administration's information technology 
                and information management systems;
                    (B) completing outstanding mandates;
                    (C) carrying out a Large Truck Crash Causal Factors 
                Study of the Administration;
                    (D) construction and maintenance of border 
                facilities; and
                    (E) other activities authorized under section 
                31110(b) of title 49, United States Code.
            (2) Definition of outstanding mandate.--In this subsection, 
        the term ``outstanding mandate'' means a requirement for the 
        Federal Motor Carrier Safety Administration to issue 
        regulations, undertake a comprehensive review or study, conduct 
        a safety assessment, or collect data--
                    (A) under this Act;
                    (B) under MAP-21 (Public Law 112-141), that has not 
                been published in the Federal Register, if required, or 
                otherwise completed as of the date of enactment of this 
                Act;
                    (C) under the FAST Act (Public Law 114-94), that 
                has not been published in the Federal Register, if 
                required, or otherwise completed as of the date of 
                enactment of this Act; and
                    (D) under any other Act enacted before the date of 
                enactment of this Act that has not been published in 
                the Federal Register by the date required in such Act.

SEC. 4103. IMMOBILIZATION GRANT PROGRAM.

    Section 31102(l) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``and (3)'' and inserting 
        ``, (3), and (4)'';
            (2) in paragraph (2)(F)(ii)(II) by inserting ``, 
        specifically including the priority activities described in 
        paragraph (4)'' after ``required for participation''; and
            (3) by adding at the end the following:
            ``(4) Prioritization of immobilizing unsafe passenger-
        carrying commercial motor vehicles.--
                    ``(A) In general.--The Secretary shall prioritize 
                the awarding of discretionary grants to States for 
                activities related to paragraph (2)(F)(II) for the 
                enforcement of out of service orders if such vehicles 
                are found to be unsafe or have violated a Federal out 
                of service order.
                    ``(B) Eligibility.--To be eligible for a grant 
                described under this paragraph, a State shall have the 
                authority to require the immobilization or impoundment 
                of a passenger-carrying commercial motor vehicle if 
                such vehicle is found to be unsafe or fail inspection 
                or to have violated a Federal out of service order.
                    ``(C) Use of funds.--Grant funds received under 
                this paragraph may be used for--
                            ``(i) the immobilization or impoundment of 
                        commercial motor vehicles that are unsafe, fail 
                        inspection, or have violated a Federal out of 
                        service order;
                            ``(ii) safety inspections of vehicles 
                        described in clause (i);
                            ``(iii) other activities related to the 
                        activities described in clauses (i) and (ii), 
                        as determined by the Secretary.
                    ``(D) Passenger-carrying commercial motor vehicle 
                defined.--In this paragraph, the term `passenger-
                carrying commercial motor vehicle' has the meaning 
                given such term in section 31301.''.

SEC. 4104. OPERATION OF SMALL COMMERCIAL VEHICLES STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall initiate a review of 
the prevalence of, characteristics of, and safe operation of commercial 
vehicles that have a gross vehicle weight rating or gross vehicle 
weight below 10,000 pounds, and are utilized in package delivery of 
goods moving in interstate commerce.
    (b) Independent Research.--If the Secretary decides to enter into a 
contract with a third party to perform the research required under 
subsection (a), the Secretary shall--
            (1) solicit applications from research institutions that 
        conduct objective, fact-based research to conduct the study; 
        and
            (2) ensure that such third party does not have any 
        financial or contractual ties with an entity engaged in 
        interstate commerce utilizing commercial vehicles or commercial 
        motor vehicles.
    (c) Entities Included.--As part of the review, the Secretary shall 
collect information from a cross-section of companies that use fleets 
of such vehicles for package delivery in interstate commerce, including 
companies that--
            (1) directly perform deliveries;
            (2) use contracted entities to perform work; and
            (3) utilize a combination of direct deliveries and contract 
        entities.
    (d) Evaluation Factors.--The review shall include an evaluation of 
the following:
            (1) Fleet characteristics, including fleet structure, and 
        vehicle miles traveled.
            (2) Fleet management, including scheduling of deliveries 
        and maintenance practices.
            (3) Driver employment characteristics, including the basis 
        of compensation and classification.
            (4) How training, medical fitness, hours on duty, and 
        safety of drivers is evaluated and overseen by companies, 
        including prevention of occupational injuries and illnesses.
            (5) Safety performance metrics, based on data associated 
        with the included entities, including crash rates, moving 
        violations, failed inspections, and other related data points.
            (6) Financial responsibility and liability for safety or 
        maintenance violations among companies, fleet managers, and 
        drivers.
            (7) Loading and unloading practices, and how package volume 
        and placement in the vehicle is determined.
            (8) Other relevant information determined necessary by the 
        Secretary in order to make recommendations under subsection 
        (e).
    (e) Report and Recommendations.--Upon completion of the review, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce of the Senate a report containing--
            (1) the findings of the Secretary on each of the factors in 
        (d);
            (2) a list of regulations applicable to commercial motor 
        vehicles and commercial motor vehicle operators that are not 
        applicable to commercial vehicle operations described in this 
        section; and
            (3) recommendations, based on the findings, on changes to 
        laws or regulations at the Federal, State, or local level to 
        promote safe operations and safe and fair working conditions 
        for commercial vehicle operators.

               Subtitle B--Motor Carrier Safety Oversight

SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

    Section 4144 of SAFETEA-LU (49 U.S.C. 31100 note) is amended--
            (1) in subsection (b)(1) by inserting ``, including small 
        business motor carriers'' after ``industry''; and
            (2) in subsection (d) by striking ``September 30, 2013'' 
        and inserting ``September 30, 2026''.

SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall implement a revised 
methodology to be used in the Compliance, Safety, Accountability 
program of the Federal Motor Carrier Safety Administration to identify 
and prioritize motor carriers for intervention, using the 
recommendations of the study required by section 5221(a) of the FAST 
Act (49 U.S.C. 31100 note).
    (b) Data Availability.--The Secretary shall, in working toward 
implementation of the revised methodology described in subsection (a) 
prioritize revisions necessary to--
            (1) restore the public availability of all relevant safety 
        data under a revised methodology; and
            (2) make such safety data publicly available that was made 
        publicly available on the day before the date of enactment of 
        the FAST Act, as appropriate under a revised methodology.
    (c) Implementation.--
            (1) Progress reports.--Not later than 30 days after the 
        date of enactment of this Act, and every 90 days thereafter 
        until the date on which the Secretary implements the revised 
        methodology described in subsection (a), the Secretary shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate, and make publicly 
        available on a website of the Department of Transportation, a 
        progress report on--
                    (A) the status of the revision of the methodology 
                and related data modifications under subsection (a), a 
                timeline for completion of such revision, and an 
                estimated date for implementation of such revised 
                methodology;
                    (B) an explanation for any delays in development or 
                implementation of the revised methodology over the 
                reporting period; and
                    (C) if the Secretary has not resumed making 
                publicly available the data described in subsection 
                (b), an updated timeline for the restoration of the 
                public availability of data and a detailed explanation 
                for why such restoration has not occurred.
            (2) Publication and notification.--Prior to commencing the 
        use of the revised methodology described in subsection (a) to 
        identify and prioritize motor carriers for intervention (other 
        than in a testing capacity), the Secretary shall--
                    (A) publish a detailed summary of the methodology 
                in the Federal Register and provide a period for public 
                comment; and
                    (B) notify the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, in writing.
    (d) Safety Fitness Rule.--
            (1) Rulemaking.--Not later than 1 year after the date on 
        which the Secretary notifies Congress under subsection (c)(2), 
        the Secretary shall issue final regulations pursuant to section 
        31144(b) of title 49, United States Code, to revise the 
        methodology for issuance of motor carrier safety fitness 
        determinations.
            (2) Considerations.--In issuing the regulations under 
        paragraph (1), the Secretary shall consider the use of all 
        available data to determine the fitness of a motor carrier.
    (e) Repeal.--Section 5223 of the FAST Act (49 U.S.C. 31100 note), 
and the item related to such section in the table of contents in 
section 1(b) of such Act, are repealed.

SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS.

    Section 31315 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4)(A) by inserting ``, including 
                data submission requirements,'' after ``terms and 
                conditions''; and
                    (B) by striking paragraph (8) and inserting the 
                following:
            ``(8) Terms and conditions.--
                    ``(A) In general.--The Secretary shall establish 
                terms and conditions for each exemption to ensure that 
                the exemption will not likely degrade the level of 
                safety achieved by the person or class of persons 
                granted the exemption, and allow the Secretary to 
                evaluate whether an equivalent level of safety is 
                maintained while the person or class of persons is 
                operating under such exemption, including--
                            ``(i) requiring the regular submission of 
                        accident and incident data to the Secretary;
                            ``(ii) requiring immediate notification to 
                        the Secretary in the event of a crash that 
                        results in a fatality or serious bodily injury;
                            ``(iii) for exemptions granted by the 
                        Secretary related to hours of service rules 
                        under part 395 of title 49, Code of Federal 
                        Regulations, requiring that the exempt person 
                        or class of persons submit to the Secretary 
                        evidence of participation in a recognized 
                        fatigue management plan; and
                            ``(iv) providing documentation of the 
                        authority to operate under the exemption to 
                        each exempt person, to be used to demonstrate 
                        compliance if requested by a motor carrier 
                        safety enforcement officer during a roadside 
                        inspection.
                    ``(B) Implementation.--The Secretary shall monitor 
                the implementation of the exemption to ensure 
                compliance with its terms and conditions.''; and
            (2) in subsection (e) by inserting ``, based on an analysis 
        of data collected by the Secretary and submitted to the 
        Secretary under subsection (b)(8)'' after ``safety''.

SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PASSENGERS.

    Section 31144(i) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A) by striking ``who the 
                Secretary registers under section 13902 or 31134''; and
                    (B) in subparagraph (B) by inserting ``to motor 
                carriers of passengers and'' after ``apply''; and
            (2) by adding at the end the following:
            ``(5) Motor carrier of passengers defined.--In this 
        subsection, the term `motor carrier of passengers' includes an 
        offeror of motorcoach services that sells scheduled 
        transportation of passengers for compensation at fares and on 
        schedules and routes determined by such offeror, regardless of 
        ownership or control of the vehicles or drivers used to provide 
        the transportation by motorcoach.''.

SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES.

    Section 13506(b) of title 49, United States Code, is amended--
            (1) in paragraph (2) by striking ``or'' at the end;
            (2) in paragraph (3) by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) transportation by a motor vehicle designed or used to 
        transport between 9 and 15 passengers (including the driver), 
        whether operated alone or with a trailer attached for the 
        transport of recreational equipment, that is operated by a 
        person that provides recreational activities if--
                    ``(A) the transportation is provided within a 150 
                air-mile radius of the location where passengers are 
                boarded; and
                    ``(B) the person operating the motor vehicle, if 
                transporting passengers over a route between a place in 
                a State and a place in another State, is otherwise 
                lawfully providing transportation of passengers over 
                the entire route in accordance with applicable State 
                law.''.

SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF 
              HOUSEHOLD GOODS IN INTERSTATE COMMERCE.

    (a) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means the 
        Federal Motor Carrier Safety Administration.
            (2) Covered carrier.--The term ``covered carrier'' means a 
        motor carrier that is--
                    (A) engaged in the interstate transportation of 
                household goods; and
                    (B) subject to the requirements of part 375 of 
                title 49, Code of Federal Regulations (as in effect on 
                the effective date of the amendments required by 
                subsection (b)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Amendments to Regulations.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue a notice of 
proposed rulemaking to amend regulations related to the interstate 
transportation of household goods.
    (c) Considerations.--In issuing the notice of proposed rulemaking 
under subsection (b), the Secretary shall consider the following 
recommended amendments to provisions of title 49, Code of Federal 
Regulations:
            (1) Section 375.207(b) to require each covered carrier to 
        include on the website of the covered carrier a link--
                    (A) to the publication of the Administration titled 
                ``Ready to Move-Tips for a Successful Interstate Move'' 
                (ESA 03005) on the website of the Administration; or
                    (B) to a copy of the publication referred to in 
                subparagraph (A) on the website of the covered carrier.
            (2) Subsections (a) and (b)(1) of section 375.213 to 
        require each covered carrier to provide to each individual 
        shipper, with any written estimate provided to the shipper, a 
        copy of the publication described in appendix A of part 375 of 
        such title, entitled ``Your Rights and Responsibilities When 
        You Move'' (ESA-03-006 (or a successor publication)), in the 
        form of a written copy or a hyperlink on the website of the 
        covered carrier to the location on the website of the 
        Administration containing such publication.
            (3) Subsection (e) of section 375.213, to repeal such 
        subsection.
            (4) Section 375.401(a), to require each covered carrier--
                    (A) to conduct a visual survey of the household 
                goods to be transported by the covered carrier--
                            (i) in person; or
                            (ii) virtually, using--
                                    (I) a remote camera; or
                                    (II) another appropriate 
                                technology;
                    (B) to offer a visual survey described in 
                subparagraph (A) for all household goods shipments, 
                regardless of the distance between--
                            (i) the location of the household goods; 
                        and
                            (ii) the location of the agent of the 
                        covered carrier preparing the estimate; and
                    (C) to provide to each shipper a copy of 
                publication of the Administration titled ``Ready to 
                Move-Tips for a Successful Interstate Move'' (ESA 
                03005) on receipt from the shipper of a request to 
                schedule, or a waiver of, a visual survey offered under 
                subparagraph (B).
            (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and 
        375.405(b)(7)(ii), and subpart D of appendix A of part 375, to 
        require that, in any case in which a shipper tenders any 
        additional item or requests any additional service prior to 
        loading a shipment, the affected covered carrier shall--
                    (A) prepare a new estimate; and
                    (B) maintain a record of the date, time, and manner 
                in which the new estimate was accepted by the shipper.
            (6) Section 375.501(a), to establish that a covered carrier 
        is not required to provide to a shipper an order for service if 
        the covered carrier elects to provide the information described 
        in paragraphs (1) through (15) of such section in a bill of 
        lading that is presented to the shipper before the covered 
        carrier receives the shipment.
            (7) Subpart H of part 375, to replace the replace the terms 
        ``freight bill'' and ``expense bill'' with the term 
        ``invoice''.

SEC. 4207. BROKER GUIDANCE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue guidance to 
clarify the definitions of the terms ``broker'' and ``bona fide 
agents'' under part 371 of title 49, Code of Federal Regulations.
    (b) Considerations.--In issuing the guidance under subsection (a), 
the Secretary shall consider the extent to which technology has changed 
the nature of freight brokerage, the role of bona fide agents, and 
other aspects of the freight transportation industry.
    (c) Dispatch Services.--In issuing the guidance under subsection 
(a), the Secretary shall, at a minimum--
            (1) examine the role of a dispatch service in the 
        transportation industry;
            (2) examine the extent to which dispatch services could be 
        considered brokers or bona fide agents; and
            (3) clarify the level of financial penalties for 
        unauthorized brokerage activities under section 14916 of title 
        49, United States Code, applicable to a dispatch service.

           Subtitle C--Commercial Motor Vehicle Driver Safety

SEC. 4301. COMMERCIAL DRIVER'S LICENSE FOR PASSENGER CARRIERS.

    Section 31301 of title 49, United States Code, is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (B) by striking ``or'';
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) is designed or used as a stretch limousine; 
                or'';
            (2) by redesignating paragraph (15) as paragraph (16); and
            (3) by inserting after paragraph (14) the following:
            ``(15) `stretch limousine' means any sedan or sports 
        utility vehicle that--
                    ``(A) has been modified to add seating capacity to 
                that provided by the vehicle manufacturer through an 
                extended chassis, lengthened wheelbase, or an elongated 
                seating area;
                    ``(B) as modified, has a seating capacity of more 
                than 8 passengers (including the driver);
                    ``(C) is used under trip-by-trip contracts for the 
                transportation of passengers for compensation on a 
                prearranged basis; and
                    ``(D) is not used for public transportation 
                service, as such term is defined in section 5302;''.

SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

    Section 31306(c)(2) of title 49, United States Code, is amended by 
striking ``, for urine testing,''.

SEC. 4303. ENTRY-LEVEL DRIVER TRAINING.

    Not later than 30 days after the date of enactment of this Act, and 
every 90 days thereafter until the compliance date for the final rule 
published on December 8, 2016, titled ``Minimum Training Requirements 
for Entry-Level Commercial Motor Vehicle Operators'' (81 Fed. Reg. 
88732), the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on--
            (1) a schedule, including benchmarks, to complete 
        implementation of the requirements under such final rule;
            (2) any anticipated delays, if applicable, in meeting the 
        benchmarks described in paragraph (1);
            (3) the progress that the Secretary has made in updating 
        the Department of Transportation's information technology 
        infrastructure to support the training provider registry;
            (4) a list of States that have adopted laws or regulations 
        to implement such final rule; and
            (5) a list of States, if applicable, that are implementing 
        the rule and confirming that an applicant for a commercial 
        driver's license has complied with the requirements.

SEC. 4304. DRIVER DETENTION TIME.

    (a) Data Collection.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall--
            (1) begin to collect data on delays experienced by 
        operators of commercial motor vehicles, as required under 
        section 5501 of the FAST Act (49 U.S.C. 14103 note) and as 
        referenced in the request for information published on June 10, 
        2019, titled ``Request for Information Concerning Commercial 
        Motor Vehicle Driver Detention Times During Loading and 
        Unloading'' (84 Fed. Reg. 26932); and
            (2) make such data available on a publicly accessible 
        website of the Department of Transportation.
    (b) Detention Time Limits.--
            (1) Rulemaking.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall initiate a 
        rulemaking to establish limits on the amount of time that an 
        operator of a commercial motor vehicle may be reasonably 
        detained by a shipper or receiver before the loading or 
        unloading of the vehicle, if the operator is not compensated 
        for such time detained.
            (2) Contents.--As part of the rulemaking conducted pursuant 
        to subsection (a), the Secretary shall--
                    (A) consider the diverse nature of operations in 
                the movement of goods by commercial motor vehicle;
                    (B) examine any correlation between time detained 
                and violations of the hours-of-service rules under part 
                395 of title 49, Code of Federal Regulations;
                    (C) determine whether the effect of detention time 
                on safety differs based on--
                            (i) how an operator is compensated; and
                            (ii) the contractual relationship between 
                        the operator and the motor carrier, including 
                        whether an operator is an employee, a leased 
                        owner-operator, or an owner-operator with 
                        independent authority; and
                    (D) establish a process for a motor carrier, 
                shipper, receiver, broker, or commercial motor vehicle 
                operator to report instances of time detained beyond 
                the Secretary's established limits.
            (3) Incorporation of information.--The Secretary shall 
        incorporate information received under paragraph (2)(D) into 
        the process established pursuant to subsection (a) once a final 
        rule takes effect.
    (c) Data Protection.--Data made available pursuant to this section 
shall be made available in a manner that--
            (1) precludes the connection of the data to any individual 
        motor carrier or commercial motor vehicle operator; and
            (2) protects privacy and confidentiality of individuals, 
        operators, and motor carriers submitting the data.
    (d) Commercial Motor Vehicle Defined.--In this section, the term 
``commercial motor vehicle'' has the meaning given such term in section 
31101 of title 49, United States Code.

SEC. 4305. TRUCK LEASING TASK FORCE.

    (a) Establishment.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Secretary of Labor, shall establish a Truck Leasing Task Force 
(hereinafter referred to as the ``Task Force'').
    (b) Membership.--The Secretary of Transportation shall select not 
more than 15 individuals to serve as members of the Task Force, 
including equal representation from each of the following:
            (1) Labor organizations.
            (2) The motor carrier industry, including independent 
        owner-operators.
            (3) Consumer protection groups.
            (4) Safety groups.
            (5) Members of the legal profession who specialize in 
        consumer finance issues.
    (c) Duties.--The Task Force shall examine, at a minimum--
            (1) common truck leasing arrangements available to 
        property-carrying commercial motor vehicle drivers, including 
        lease-purchase agreements;
            (2) the terms of such leasing agreements;
            (3) the prevalence of predatory leasing agreements in the 
        motor carrier industry;
            (4) specific agreements available to drayage drivers at 
        ports related to the Clean Truck Program or similar programs to 
        decrease emissions from port operations;
            (5) the impact of truck leasing agreements on the net 
        compensation of property-carrying commercial motor vehicle 
        drivers, including port drayage drivers;
            (6) resources to assist property-carrying commercial motor 
        vehicle drivers in assessing the impacts of leasing agreements; 
        and
            (7) the classification of property-carrying commercial 
        motor vehicle drivers under lease-purchase agreements.
    (d) Compensation.--A member of the Task Force shall serve without 
compensation.
    (e) Report.--Upon completion of the examination described in 
subsection (c), the Task Force shall submit to the Secretary of 
Transportation, Secretary of Labor, and appropriate congressional 
committees a report containing--
            (1) the findings of the Task Force on the matters described 
        in subsection (c);
            (2) best practices related to--
                    (A) assisting a commercial motor vehicle driver in 
                assessing the impacts of leasing agreements prior to 
                entering into such agreements; and
                    (B) assisting a commercial motor vehicle driver who 
                has entered into a predatory lease agreement; and
            (3) recommendations on changes to laws or regulations, as 
        applicable, at the Federal, State, or local level to promote 
        fair leasing agreements under which a commercial motor vehicle 
        driver is able to earn a living wage.
    (f) Termination.--Not later than 1 month after the date of 
submission of the report pursuant to subsection (e), the Task Force 
shall terminate.

SEC. 4306. HOURS OF SERVICE.

    (a) Comprehensive Review.--
            (1) Comprehensive review of hours of service rules.--Not 
        later than 60 days after the date of enactment of this Act, the 
        Secretary shall initiate a comprehensive review of hours of 
        service rules and the impacts of waivers, exemptions, and other 
        allowances that limit the applicability of such rules.
            (2) Changes to regulations.--In carrying out the 
        comprehensive review under paragraph (1) and the required 
        analyses under paragraphs (3) and (4), the Secretary shall 
        consider the modifications made in the final rule published on 
        June 1, 2020, titled ``Hours of Service of Drivers'' (85 Fed. 
        Reg. 33396) and evaluate the impacts of the allowance to 
        operate in excess of the limits in effect prior to June 1, 
        2020.
            (3) List of exemptions.--In carrying out the comprehensive 
        review required under paragraph (1), the Secretary shall--
                    (A) compile a list of waivers, exemptions, and 
                other allowances--
                            (i) under which a driver may operate in 
                        excess of the otherwise applicable limits on 
                        on-duty or driving time in absence of such 
                        exemption, waiver, or other allowance;
                            (ii) under which a driver may operate 
                        without recording compliance with hours of 
                        service rules through the use of an electronic 
                        logging device; and
                            (iii) applicable--
                                    (I) to specific segments of the 
                                motor carrier industry or sectors of 
                                the economy;
                                    (II) on a periodic or seasonal 
                                basis; and
                                    (III) to specific types of 
                                operations, including the short haul 
                                exemption under part 395 of title 49, 
                                Code of Federal Regulations;
                    (B) specify whether each such waiver, exemption, or 
                other allowance was granted by the Department of 
                Transportation or enacted by Congress, and how long 
                such waiver, exemption, or other allowance has been in 
                effect; and
                    (C) estimate the number of motor carriers, motor 
                private carriers, and drivers that may qualify to use 
                each waiver, exemption, or other allowance.
            (4) Safety impact analysis.--
                    (A) In general.--In carrying out the comprehensive 
                review under paragraph (1), the Secretary, in 
                consultation with State motor carrier enforcement 
                entities, shall undertake a statistically valid 
                analysis to determine the safety impact, including on 
                enforcement, of the exemptions, waivers, or other 
                allowances compiled under paragraph (2) by--
                            (i) using available data, or collecting 
                        from motor carriers or motor private carriers 
                        and drivers operating under an exemption, 
                        waiver, or other allowance if the Secretary 
                        does not have sufficient data, to determine the 
                        incidence of accidents, fatigue-related 
                        incidents, and other relevant safety 
                        information related to hours of service among 
                        motor carriers, private motor carriers, and 
                        drivers permitted to operate under each 
                        exemption, waiver, or other allowance;
                            (ii) comparing the data described in 
                        subparagraph (A) to safety data from motor 
                        carriers, motor private carriers, and drivers 
                        that are subject to the hours of service rules 
                        and not operating under an exemption, waiver, 
                        or other allowance; and
                            (iii) based on the comparison under 
                        subparagraph (B), determining whether waivers, 
                        exemptions, and other allowances in effect 
                        provide an equivalent level of safety as would 
                        exist in the absence of exemptions, waivers, or 
                        other allowances.
                    (B) Consultation.--The Secretary shall consult with 
                State motor carrier enforcement entities in carrying 
                out this paragraph.
                    (C) Exclusions.--The Secretary shall exclude data 
                related to exemptions, waivers, or other allowances 
                made pursuant to an emergency declaration under section 
                390.23 of title 49, Code of Federal Regulations, or 
                extended under section 390.25 of title 49, Code of 
                Federal Regulations, from the analysis required under 
                this paragraph.
            (5) Driver impact analysis.--In carrying out the 
        comprehensive review under paragraph (1), the Secretary shall 
        further consider--
                    (A) data on driver detention collected by the 
                Secretary pursuant to section 4304 of this Act and 
                other conditions affecting the movement of goods by 
                commercial motor vehicle, and how such conditions 
                interact with the Secretary's regulations on hours of 
                service;
                    (B) whether exemptions, waivers, or other 
                allowances that permit additional on-duty time or 
                driving time have a deleterious effect on the physical 
                condition of drivers; and
                    (C) whether differences in the manner in which 
                drivers are compensated result in different levels of 
                burden for drivers in complying with hours of service 
                rules.
    (b) Peer Review.--Prior to the publication of the review required 
under subsection (d), the analyses performed by the Secretary shall 
undergo an independent peer review.
    (c) Publication.--Not later than 18 months after the date that the 
Secretary initiates the comprehensive review under subsection (b)(1), 
the Secretary shall publish the findings of such review in the Federal 
Register and provide for a period for public comment.
    (d) Report to Congress.--Not later than 30 days after the 
conclusion of the public comment period under subsection (d), the 
Secretary shall submit to the Committee on Commerce, Science, and 
Transportation and the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives and make publicly available on a website of 
the Department of Transportation a report containing the information 
and analyses required under subsection (b).
    (e) Replacement of Guidance.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall initiate a rulemaking to 
update the Department of Transportation guidance published on June 7, 
2018, titled ``Hours of Service of Drivers of Commercial Motor 
Vehicles: Regulatory Guidance Concerning the Use of a Commercial Motor 
Vehicle for Personal Conveyance'' (83 Fed. Reg. 26377) to prescribe 
specific mileage or time limits, or both, for the use of personal 
conveyance.
    (f) Definitions.--In this section:
            (1) Motor carrier; motor private carrier.--The terms 
        ``motor carrier'' and ``motor private carrier'' have the 
        meanings given such terms in section 31501 of title 49, United 
        States Code.
            (2) On-duty time; driving time; electronic logging 
        device.--The terms ``on-duty time'', ``driving time'', and 
        ``electronic logging device'' have the meanings given such 
        terms in section 395.2 of title 49, Code of Federal Regulations 
        (as in effect on June 1, 2020).

SEC. 4307. DRIVER RECRUITMENT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the inspector general of the Department of Transportation 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report examining the operation of 
commercial motor vehicles in the United States by drivers admitted to 
the United States under temporary business visas.
    (b) Contents.--The report under paragraph (1) shall include--
            (1) an assessment of--
                    (A) the prevalence of the operation of commercial 
                motor vehicles in the United States by drivers admitted 
                to the United States under temporary business visas;
                    (B) the characteristics of motor carriers that 
                recruit and use such drivers, including the country of 
                domicile of the motor carrier or subsidiary;
                    (C) the demographics of drivers operating in the 
                United States under such visas, including the country 
                of domicile of such drivers; and
                    (D) the contractual relationship between such motor 
                carriers and such drivers;
            (2) an analysis of whether such drivers are required to 
        comply with--
                    (A) motor carrier safety regulations under 
                subchapter B of chapter III of title 49, Code of 
                Federal Regulations, including--
                            (i) the English proficiency requirement 
                        under section 391.11(2) of title 49, Code of 
                        Federal Regulations;
                            (ii) the requirement for drivers of a motor 
                        carrier to report any violations of a 
                        regulation to such motor carrier under section 
                        391.27 of title 49, Code of Federal 
                        Regulations; and
                            (iii) driver's licensing requirements under 
                        part 383 of title 49, Code of Federal 
                        Regulations, including entry-level driver 
                        training and drug and alcohol testing under 
                        part 382 of such title; and
                    (B) regulations prohibiting point-to-point 
                transportation in the United States, or cabotage, under 
                part 365 of title 49, Code of Federal Regulations;
            (3) an evaluation of the safety record of the operations 
        and drivers described in paragraph (1), including--
                    (A) violations of the motor carrier safety 
                regulations under subchapter B of chapter III of title 
                49, Code of Federal Regulations, including applicable 
                requirements described in paragraph (2)(A); and
                    (B) the number of crashes involving such operations 
                and drivers; and
            (4) the impact of such operations and drivers on--
                    (A) commercial motor vehicle drivers domiciled in 
                the United States, including employment levels and 
                driver compensation of such drivers; and
                    (B) the competitiveness of motor carriers domiciled 
                in the United States.
    (c) Definitions.--In this section:
            (1) Commercial motor vehicle.--In this section, the term 
        ``commercial motor vehicle'' has the meaning given such term in 
        section 31101 of title 49, United States Code.
            (2) Temporary business visa.--The term ``temporary business 
        visa'' means any driver who is present in the United States 
        with status under section 101(a)(15)(H)(i)(b) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(i)(b)).

SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall--
            (1) assess the risk posed by untreated obstructive sleep 
        apnea in drivers of commercial motor vehicles and the 
        feasibility, benefits, and costs associated with establishing 
        screening criteria for obstructive sleep apnea in drivers of 
        commercial motor vehicles;
            (2) issue a notice in the Federal Register containing the 
        independently peer-reviewed findings of the assessment required 
        under paragraph (1) not later than 30 days after completion of 
        the assessment and provide an opportunity for public comment; 
        and
            (3) if the Secretary contracts with an independent third 
        party to conduct the assessment required under paragraph (1), 
        ensure that the independent third party shall not have any 
        financial or contractual ties or relationship with a motor 
        carrier that transports passengers or property for 
        compensation, the motor carrier industry, or driver advocacy 
        organizations.
    (b) Screening Criteria.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary shall publish in the 
        Federal Register a proposed rule to establish screening 
        criteria for obstructive sleep apnea in commercial motor 
        vehicle drivers and provide an opportunity for public comment.
            (2) Final rule.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall issue a final rule 
        to establish screening criteria for obstructive sleep apnea in 
        commercial motor vehicle drivers.
    (c) Commercial Motor Vehicle Defined.--In this section, the term 
``commercial motor vehicle'' has the meaning given such term in section 
31132 of title 49, United States Cod

SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD.

    (a) Short Title.--This section may be cited as the ``Promoting 
Women in Trucking Workforce Act''.
    (b) Findings.--Congress finds that--
            (1) women make up 47 percent of the workforce of the United 
        States;
            (2) women are significantly underrepresented in the 
        trucking industry, holding only 24 percent of all 
        transportation and warehousing jobs and representing only--
                    (A) 6.6 percent of truck drivers;
                    (B) 12.5 percent of all workers in truck 
                transportation; and
                    (C) 8 percent of freight firm owners;
            (3) given the total number of women truck drivers, women 
        are underrepresented in the truck-driving workforce; and
            (4) women truck drivers have been shown to be 20 percent 
        less likely than male counterparts to be involved in a crash.
    (c) Sense of Congress Regarding Women in Trucking.--It is the sense 
of Congress that the trucking industry should explore every 
opportunity, including driver training and mentorship programs, to 
encourage and support the pursuit of careers in trucking by women.
    (d) Establishment.--To encourage women to enter the field of 
trucking, the Administrator shall establish and facilitate an advisory 
board, to be known as the ``Women of Trucking Advisory Board'', to 
promote organizations and programs that--
            (1) provide education, training, mentorship, or outreach to 
        women in the trucking industry; and
            (2) recruit women into the trucking industry.
    (e) Membership.--
            (1) In general.--The Board shall be composed of not fewer 
        than seven members whose backgrounds allow those members to 
        contribute balanced points of view and diverse ideas regarding 
        the strategies and objectives described in subsection (f)(2).
            (2) Appointment.--Not later than 270 days after the date of 
        enactment of this Act, the Administrator shall appoint the 
        members of the Board, of whom--
                    (A) not fewer than one shall be a representative of 
                large trucking companies;
                    (B) not fewer than one shall be a representative of 
                mid-sized trucking companies;
                    (C) not fewer than one shall be a representative of 
                small trucking companies;
                    (D) not fewer than one shall be a representative of 
                nonprofit organizations in the trucking industry;
                    (E) not fewer than one shall be a representative of 
                trucking business associations;
                    (F) not fewer than one shall be a representative of 
                independent owner-operators; and
                    (G) not fewer than one shall be a woman who is a 
                professional truck driver.
            (3) Terms.--Each member shall be appointed for the life of 
        the Board.
            (4) Compensation.--A member of the Board shall serve 
        without compensation.
    (f) Duties.--
            (1) In general.--The Board shall identify--
                    (A) industry trends that directly or indirectly 
                discourage women from pursuing careers in trucking, 
                including--
                            (i) any differences between women minority 
                        groups;
                            (ii) any differences between women who live 
                        in rural, suburban, and urban areas; and
                            (iii) any safety risks unique to the 
                        trucking industry;
                    (B) ways in which the functions of trucking 
                companies, nonprofit organizations, and trucking 
                associations may be coordinated to facilitate support 
                for women pursuing careers in trucking;
                    (C) opportunities to expand existing opportunities 
                for women in the trucking industry; and
                    (D) opportunities to enhance trucking training, 
                mentorship, education, and outreach programs that are 
                exclusive to women.
            (2) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Board shall submit to the 
        Administrator a report describing strategies that the 
        Administrator may adopt--
                    (A) to address any industry trends identified under 
                paragraph (1)(A);
                    (B) to coordinate the functions of trucking 
                companies, nonprofit organizations, and trucking 
                associations in a manner that facilitates support for 
                women pursuing careers in trucking;
                    (C) to--
                            (i) take advantage of any opportunities 
                        identified under paragraph (1)(C); and
                            (ii) create new opportunities to expand 
                        existing scholarship opportunities for women in 
                        the trucking industry; and
                    (D) to enhance trucking training, mentorship, 
                education, and outreach programs that are exclusive to 
                women.
    (g) Report to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report describing--
                    (A) any strategies recommended by the Board under 
                subsection (f)(2); and
                    (B) any actions taken by the Administrator to adopt 
                the strategies recommended by the Board (or an 
                explanation of the reasons for not adopting the 
                strategies).
            (2) Public availability.--The Administrator shall make the 
        report under paragraph (1) publicly available--
                    (A) on the website of the Federal Motor Carrier 
                Safety Administration; and
                    (B) in appropriate offices of the Federal Motor 
                Carrier Safety Administration.
    (h) Termination.--The Board shall terminate on submission of the 
report to Congress under subsection (g).
    (i) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Motor Carrier Safety 
        Administration.
            (2) Board.--The term ``Board'' means the Women of Trucking 
        Advisory Board established under subsection (d).
            (3) Large trucking company.--The term ``large trucking 
        company'' means a motor carrier (as defined in section 13102 of 
        title 49, United States Code) with an annual revenue greater 
        than $1,000,000,000.
            (4) Mid-sized trucking company.--The term ``mid-sized 
        trucking company'' means a motor carrier (as defined in section 
        13102 of title 49, United States Code) with an annual revenue 
        of not less than $35,000,000 and not greater than 
        $1,000,000,000.
            (5) Small trucking company.--The term ``small trucking 
        company'' means a motor carrier (as defined in section 13102 of 
        title 49, United States Code) with an annual revenue less than 
        $35,000,000.

SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE SAFETY.

    (a) Definition.--Section 31301(14) of title 49, United States Code, 
is amended--
            (1) by striking ``and'' and inserting a comma; and
            (2) by inserting ``, and Puerto Rico'' before the period.
    (b) Implementation.--The Administrator of the Federal Motor Carrier 
Safety Administration shall work with the Commonwealth of Puerto Rico 
on obtaining full compliance with chapter 313 of title 49, United 
States Code, and regulations adopted under that chapter.
    (c) Grace Period.--Notwithstanding section 31311(a) of title 49, 
United States Code, during a 5-year period beginning on the date of 
enactment of this Act, the Commonwealth of Puerto Rico shall not be 
subject to a withholding of an apportionment of funds under paragraphs 
(1) and (2) of section 104(b) of title 23, United States Code, for 
failure to comply with any requirement under section 31311(a) of title 
49, United States Code.

SEC. 4311. USE OF DATA.

    Section 31137(e) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``only''; and
                    (B) by striking ``, including record-of-duty status 
                regulations'' and inserting ``and to conduct 
                transportation research utilizing such data'';
            (2) in paragraph (2) by striking ``to enforce the 
        regulations referred to in'' and inserting ``for purposes 
        authorized under''; and
            (3) by amending paragraph (3) to read as follows:
            ``(3) Research data.--The Secretary shall institute 
        appropriate measures to protect the privacy of individuals, 
        operators, and motor carriers when data obtained from an 
        electronic logging device is used for research pursuant to this 
        section and such research is made available to the public.''.

       Subtitle D--Commercial Motor Vehicle and Schoolbus Safety

SEC. 4401. SCHOOLBUS SAFETY STANDARDS.

    (a) Schoolbus Seatbelts.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall issue a notice of 
        proposed rulemaking to consider requiring large schoolbuses to 
        be equipped with safety belts for all seating positions, if the 
        Secretary determines that such standards meet the requirements 
        and considerations set forth in subsections (a) and (b) of 
        section 30111 of title 49, United States Code.
            (2) Considerations.--In issuing a notice of proposed 
        rulemaking under paragraph (1), the Secretary shall consider--
                    (A) the safety benefits of a lap/shoulder belt 
                system (also known as a Type 2 seatbelt assembly);
                    (B) the investigations and recommendations of the 
                National Transportation Safety Board on seatbelts in 
                schoolbuses;
                    (C) existing experience, including analysis of 
                student injuries and fatalities compared to States 
                without seat belt laws, and seat belt usage rates, from 
                States that require schoolbuses to be equipped with 
                seatbelts, including Type 2 seatbelt assembly;
                    (D) the impact of lap/shoulder belt systems on 
                emergency evacuations, with a focus on emergency 
                evacuations involving students below the age of 14, and 
                emergency evacuations necessitated by fire or water 
                submersion; and
                    (E) the impact of lap/shoulder belt systems on the 
                overall availability of schoolbus transportation.
            (3) Report.--If the Secretary determines that a standard 
        described in paragraph (1) does not meet the requirements and 
        considerations set forth in subsections (a) and (b) of section 
        30111 of title 49, United States Code, the Secretary shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        describes the reasons for not prescribing such a standard.
            (4) Application of regulations.--Any regulation issued 
        based on the notice of proposed rulemaking described in 
        paragraph (1) shall apply to schoolbuses manufactured more than 
        3 years after the date on which the regulation takes effect.
    (b) Automatic Emergency Braking.--Not later than 3 years after the 
date of enactment of this Act, the Secretary shall--
            (1) prescribe a motor vehicle safety standard under section 
        30111 of title 49, United States Code, that requires all 
        schoolbuses manufactured after the effective date of such 
        standard to be equipped with an automatic emergency braking 
        system; and
            (2) as part of such standard, establish performance 
        requirements for automatic emergency braking systems, including 
        operation of such systems.
    (c) Electronic Stability Control.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall--
            (1) prescribe a motor vehicle safety standard under section 
        30111 of title 49, United States Code, that requires all 
        schoolbuses manufactured after the effective date of such 
        standard to be equipped with an electronic stability control 
        system (as such term is defined in section 571.136 of title 49, 
        Code of Federal Regulations (as in effect on the date of 
        enactment of this Act)); and
            (2) as part of such standard, establish performance 
        requirements for electronic stability control systems, 
        including operation of such systems.
    (d) Fire Prevention and Mitigation.--
            (1) Research and testing.--The Secretary shall conduct 
        research and testing to determine the most prevalent causes of 
        schoolbus fires and the best methods to prevent such fires and 
        to mitigate the effect of such fires, both inside and outside 
        the schoolbus. Such research and testing shall consider--
                    (A) fire suppression systems standards, which at a 
                minimum prevent engine fires;
                    (B) firewall standards to prevent gas or flames 
                from entering into the passenger compartment in 
                schoolbuses with engines that extend beyond the 
                firewall; and
                    (C) interior flammability and smoke emissions 
                characteristics standards.
            (2) Standards.--The Secretary may issue fire prevention and 
        mitigation standards for schoolbuses, based on the results of 
        the Secretary's research and testing under paragraph (1), if 
        the Secretary determines that such standards meet the 
        requirements and considerations set forth in subsections (a) 
        and (b) of section 30111 of title 49, United States Code.
    (e) School Bus Temperature Safety Study and Report.--Not later than 
1 year after the date of enactment of this Act, the Secretary shall 
study and issue a report on the safety implications of temperature 
controls in school buses. The study and report shall include--
            (1) an analysis of the internal temperature in school buses 
        without air conditioning in weather between 80 and 110 degrees 
        Fahrenheit;
            (2) the collection and analysis of data on temperature-
        related injuries to students, including heatstroke and 
        dehydration;
            (3) the collection of data on how many public school 
        districts currently operate buses without air conditioning; and
            (4) recommendations for preventing heat related illnesses 
        for children on school buses.
    (f) Definitions.--In this section:
            (1) Automatic emergency braking.--The term ``automatic 
        emergency braking'' means a crash avoidance system installed 
        and operational in a vehicle that consists of--
                    (A) a forward warning function--
                            (i) to detect vehicles and vulnerable road 
                        users ahead of the vehicle; and
                            (ii) to alert the operator of an impending 
                        collision; and
                    (B) a crash-imminent braking function to provide 
                automatic braking when forward-looking sensors of the 
                vehicle indicate that--
                            (i) a crash is imminent; and
                            (ii) the operator of the vehicle is not 
                        applying the brakes.
            (2) Large schoolbus.--The term ``large schoolbus'' means a 
        schoolbus with a gross vehicle weight rating of more than 
        10,000 pounds.
            (3) Schoolbus.--The term ``schoolbus'' has the meaning 
        given such term in section 30125(a) of title 49, United States 
        Code.

SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES.

    (a) Illegal Passing Research.--
            (1) In general.--The Secretary of Transportation shall 
        conduct research to determine--
                    (A) drivers' knowledge of and attitudes towards 
                laws governing passing of a school bus under the State 
                in which the driver lives;
                    (B) the effectiveness of automated school bus 
                camera enforcement systems in reducing school bus 
                passing violations;
                    (C) whether laws that require automated school bus 
                camera systems to capture images of a driver's face 
                impact the ability of States to enforce such laws;
                    (D) the effectiveness of public education on 
                illegal school bus passing laws in reducing school bus 
                passing violations; and
                    (E) the most-effective countermeasures to address 
                illegal passing of school buses and best practices for 
                States to reduce the number of illegal passing 
                violations.
            (2) Report to congress.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report detailing the research 
        and findings required under paragraph (1).
            (3) Publication.--The Secretary shall make publicly 
        available on the website of the Department the report required 
        under paragraph (2) not later than 30 days after the report is 
        submitted under such paragraph.
    (b) Public Safety Messaging Campaign.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall create and 
        disseminate a public safety messaging campaign, including 
        public safety media messages, posters, digital, and other media 
        messages for distribution to States, divisions of motor 
        vehicles, schools, and other public outlets to highlight the 
        dangers of illegally passing school buses, including 
        educational materials for students and the public on the safest 
        school bus loading and unloading procedures.
            (2) Consultation.--The Secretary shall consult with public 
        and private school bus industry representatives and States in 
        developing the materials and messages required under paragraph 
        (1).
            (3) Update.--The Secretary shall periodically update the 
        materials used in the campaign.
    (c) Review of Advanced School Bus Safety Technologies.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall complete a review of 
        advanced school bus safety technologies to assess their 
        feasibility, benefits, and costs. The review shall include--
                    (A) an evaluation of motion-activated alert systems 
                that are capable of detecting and alerting the school 
                bus driver to students, pedestrians, bicyclists, and 
                other vulnerable road users located near the perimeter 
                of the school bus;
                    (B) an evaluation of advanced school bus flashing 
                lighting systems to improve communication to 
                surrounding drivers;
                    (C) an evaluation of early warning systems, 
                including radar-based warning systems, to alert school 
                bus drivers and students near the school bus that an 
                approaching vehicle is likely to engage in an illegal 
                passing; and
                    (D) other technologies that enhance school bus 
                safety, as determined by the Secretary.
            (2) Publication.--The Secretary shall make the findings of 
        the review publicly available on the website of the Department 
        not later than 30 days after its completion.
    (d) GAO Review of State Illegal Passing Laws and Driver 
Education.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report examining State laws and driver education 
        efforts regarding illegal passing of school buses.
            (2) Contents.--The report required under paragraph (1) 
        shall include--
                    (A) an overview of each State's illegal school bus 
                passing laws, including how the laws are enforced and 
                what penalties are imposed on violators;
                    (B) a review of each State's driver education 
                efforts regarding illegal passing of school buses to 
                determine how each State educates and evaluates new 
                drivers on laws governing passing of a school bus; and
                    (C) recommendations on how States can improve 
                driver education and awareness of the dangers of 
                illegally passing school buses.

SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR 
              VEHICLES.

    (a) Review of State Inspection Practices.--The Secretary of 
Transportation shall conduct a review of Federal Motor Carrier Safety 
Regulations related to annual inspection of commercial motor vehicles 
carrying passengers to determine--
            (1) different inspection models in use for commercial motor 
        vehicles carrying passengers to satisfy the Federal inspection 
        requirement;
            (2) the number of States that have mandatory annual State 
        vehicle inspections and whether such inspections are used to 
        satisfy the Federal inspection requirement for commercial motor 
        vehicles carrying passengers;
            (3) the extent to which passenger carriers utilize self-
        inspection to satisfy the Federal inspection requirement;
            (4) the number of States that have the authority to require 
        the immobilization of impoundment of a commercial motor vehicle 
        carrying passengers if such a vehicle fails inspection; and
            (5) the impact on the safety of commercial motor vehicles 
        carrying passengers, based on the inspection model employed.
    (b) Report to Congress.--Not later than 1 year after the enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on--
            (1) the findings of the review conducted under subsection 
        (a); and
            (2) recommendations on changes to the Secretary's 
        inspection program regulations to improve the safety of 
        commercial motor vehicles carrying passengers.

SEC. 4404. AUTOMATIC EMERGENCY BRAKING.

    (a) Federal Motor Vehicle Safety Standard.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall--
                    (A) prescribe a motor vehicle safety standard under 
                section 30111 of title 49, United States Code, that 
                requires all commercial motor vehicles subject to 
                Federal motor vehicle safety standard 136 under section 
                571.136 of title 49, Code of Federal Regulations, 
                (relating to electronic stability control systems for 
                heavy vehicles) manufactured after the effective date 
                of such standard to be equipped with an automatic 
                emergency braking system; and
                    (B) as part of such standard, establish performance 
                requirements for automatic emergency braking systems, 
                including operation of such systems in a variety of 
                driving conditions.
            (2) Considerations.--Prior to prescribing the standard 
        required under paragraph (1)(A), the Secretary shall--
                    (A) conduct a review of automatic emergency braking 
                systems in use in applicable commercial motor vehicles 
                and address any identified deficiencies with such 
                systems in the rulemaking proceeding to prescribe the 
                standard, if practicable;
                    (B) assess the feasibility of updating the software 
                of emergency braking systems in use in applicable 
                commercial motor vehicles to address any deficiencies 
                and to enable such systems to meet the new standard; 
                and
                    (C) consult with representatives of commercial 
                motor vehicle drivers regarding the experiences of 
                drivers with automatic emergency braking systems in use 
                in applicable commercial motor vehicles, including 
                malfunctions or unwarranted activations of such 
                systems.
            (3) Compliance date.--The Secretary shall ensure that the 
        compliance date of the standard prescribed pursuant to 
        paragraph (1) shall be not later than 2 years after the date of 
        publication of the final rule prescribing such standard.
    (b) Federal Motor Carrier Safety Regulation.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall issue a 
regulation under section 31136 of title 49, United States Code, that 
requires that an automatic emergency braking system installed in a 
commercial motor vehicle subject to Federal motor vehicle safety 
standard 136 under section 571.136 of title 49, Code of Federal 
Regulations,(relating to electronic stability control systems for heavy 
vehicles) that is in operation on or after the effective date of the 
standard prescribed under subsection (a) be used at any time during 
which such commercial motor vehicle is in operation.
    (c) Report on Automatic Emergency Braking in Medium-duty Commercial 
Motor Vehicles.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall, 
        with respect to commercial motor vehicles not subject to 
        Federal motor vehicle safety standard 136 under section 571.136 
        of title 49, Code of Federal Regulations--
                    (A) complete research on equipping commercial motor 
                vehicles with automatic emergency braking systems to 
                better understand the overall effectiveness of such 
                systems on a variety of commercial motor vehicles;
                    (B) assess the feasibility, benefits, and costs 
                associated with installing automatic emergency braking 
                systems on newly manufactured commercial motor vehicles 
                with a gross vehicle weight rating of 10,001 pounds or 
                more; and
                    (C) if warranted, develop performance standards for 
                such automatic emergency braking systems.
            (2) Independent research.--If the Secretary enters into a 
        contract with a third party to perform the research required 
        under paragraph (1)(A), the Secretary shall ensure that such 
        third party does not have any financial or contractual ties or 
        relationship with a motor carrier that transports passengers or 
        property for compensation, the motor carrier industry, or an 
        entity producing or supplying automatic emergency braking 
        systems.
            (3) Publication of assessment.--Not later than 90 days 
        after completing the assessment required under paragraph 
        (1)(B), the Secretary shall issue a notice in the Federal 
        Register containing the findings of the assessment and provide 
        an opportunity for public comment.
            (4) Report to congress.--After the conclusion of the public 
        comment period under paragraph (3), the Secretary shall submit 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        provides--
                    (A) the results of the assessment under paragraph 
                (1)(B);
                    (B) a summary of the public comments received by 
                the Secretary under paragraph (3); and
                    (C) a determination as to whether the Secretary 
                intends to develop performance requirements for 
                automatic emergency braking systems for applicable 
                commercial motor vehicles, including any analysis that 
                led to such determination.
    (d) Definitions.--In this section:
            (1) Automatic emergency braking system.--The term 
        ``automatic emergency braking system'' means a crash avoidance 
        system installed and operational in a vehicle that consists 
        of--
                    (A) a forward collision warning function--
                            (i) to detect vehicles and vulnerable road 
                        users ahead of the vehicle; and
                            (ii) to alert the operator of the vehicle 
                        of an impending collision; and
                    (B) a crash-imminent braking function to provide 
                automatic braking when forward-looking sensors of the 
                vehicle indicate that--
                            (i) a crash is imminent; and
                            (ii) the operator of the vehicle is not 
                        applying the brakes.
            (2) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given such term in section 31101 of 
        title 49, United States Code.

SEC. 4405. UNDERRIDE PROTECTION.

    (a) Rear Underride Guards.--
            (1) Rear guards on trailers and semitrailers.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary of 
                Transportation shall issue such regulations as are 
                necessary to revise motor vehicle safety standards 
                under sections 571.223 and 571.224 of title 49, Code of 
                Federal Regulations, to require trailers and semi-
                trailers manufactured after the date on which such 
                regulation is issued to be equipped with rear impact 
                guards that are designed to prevent passenger 
                compartment intrusion from a trailer or semitrailer 
                when a passenger vehicle traveling at 35 miles per hour 
                makes--
                            (i) an impact in which the passenger 
                        vehicle impacts the center of the rear of the 
                        trailer or semitrailer;
                            (ii) an impact in which 50 percent the 
                        width of the passenger vehicle overlaps the 
                        rear of the trailer or semitrailer; and
                            (iii) an impact in which 30 percent of the 
                        width of the passenger vehicle overlaps the 
                        rear of the trailer or semitrailer.
                    (B) Effective date.--The rule issued under 
                subparagraph (A) shall require full compliance with the 
                motor carrier safety standard prescribed in such rule 
                not later than 2 years after the date on which a final 
                rule is issued.
            (2) Additional research.--The Secretary shall conduct 
        additional research on the design and development of rear 
        impact guards that can prevent underride crashes and protect 
        motor vehicle passengers against severe injury at crash speeds 
        of up to 65 miles per hour.
            (3) Review of standards.--Not later than 5 years after any 
        revisions to standards or requirements related to rear impact 
        guards pursuant to paragraph (1), the Secretary shall review 
        the standards or requirements to evaluate the need for changes 
        in response to advancements in technology and upgrade such 
        standards accordingly.
            (4) Inspections.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                issue such regulations as are necessary to amend the 
                regulations on minimum periodic inspection standards 
                under appendix G to subchapter B of chapter III of 
                title 49, Code of Federal Regulations, and driver 
                vehicle inspection reports under section 396.11 of 
                title 49, Code of Federal Regulations, to include rear 
                impact guards and rear end protection (as required by 
                section 393.86 of title 49, Code of Federal 
                Regulations).
                    (B) Considerations.--In updating the regulations 
                described in subparagraph (A), the Secretary shall 
                consider it to be a defect or a deficiency if a rear 
                impact guard is missing or has a corroded or 
                compromised element that affects the structural 
                integrity and protective feature of such guard.
    (b) Side Underride Guards.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall--
                    (A) complete additional research on side underride 
                guards to better understand the overall effectiveness 
                of such guards;
                    (B) assess the feasibility, benefits, and costs 
                associated with installing side underride guards on 
                newly manufactured trailers and semitrailers with a 
                gross vehicle weight rating of 10,000 pounds or more; 
                and
                    (C) if warranted, develop performance standards for 
                such guards.
            (2) Independent research.--If the Secretary enters into a 
        contract with a third party to perform the research required 
        under paragraph (1)(A), the Secretary shall ensure that such 
        third party does not have any financial or contractual ties or 
        relationship with a motor carrier that transports passengers or 
        property for compensation, the motor carrier industry, or an 
        entity producing or supplying underride guards.
            (3) Publication of assessment.--Not later than 90 days 
        after completing the assessment required under paragraph 
        (1)(B), the Secretary shall issue a notice in the Federal 
        Register containing the findings of the assessment and provide 
        an opportunity for public comment.
            (4) Report to congress.--After the conclusion of the public 
        comment period under paragraph (3), the Secretary shall submit 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        provides--
                    (A) the results of the assessment under this 
                subsection;
                    (B) a summary of the public comments received by 
                the Secretary under paragraph (3); and
                    (C) a determination as to whether the Secretary 
                intends to develop performance requirements for side 
                underride guards, including any analysis that led to 
                such determination.
    (c) Advisory Committee on Underride Protection.--
            (1) Establishment.--Not later than 30 days after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        establish an Advisory Committee on Underride Protection (in 
        this subsection referred to as the ``Committee'') to provide 
        advice and recommendations to the Secretary on safety 
        regulations to reduce crashes and fatalities involving truck 
        underrides.
            (2) Representation.--
                    (A) In general.--The Committee shall be composed of 
                not more than 20 members appointed by the Secretary who 
                are not employees of the Department of Transportation 
                and who are qualified to serve because of their 
                expertise, training, or experience.
                    (B) Membership.--Members shall include two 
                representatives of each of the following:
                            (i) Truck and trailer manufacturers.
                            (ii) Motor carriers, including independent 
                        owner-operators.
                            (iii) Law enforcement.
                            (iv) Motor vehicle engineers.
                            (v) Motor vehicle crash investigators.
                            (vi) Truck safety organizations.
                            (vii) The insurance industry.
                            (viii) Emergency medical service providers.
                            (ix) Families of underride crash victims.
                            (x) Labor organizations.
            (3) Compensation.--Members of the Committee shall serve 
        without compensation.
            (4) Meetings.--The Committee shall meet at least annually.
            (5) Support.--On request of the Committee, the Secretary 
        shall provide information, administrative services, and 
        supplies necessary for the Committee to carry out the duties 
        described in paragraph (1).
            (6) Report.--The Committee shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a biennial report that shall--
                    (A) describe the advice and recommendations made to 
                the Secretary; and
                    (B) include an assessment of progress made by the 
                Secretary in advancing safety regulations.
    (d) Data Collection.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall implement recommendations 1 
and 2 described in the report by the Government Accountability Office 
published on March 14, 2019, titled ``Truck Underride Guards: Improved 
Data Collection, Inspections, and Research Needed'' (GAO-19-264).

SEC. 4406. TRANSPORTATION OF HORSES.

    Section 80502 of title 49, United States Code, is amended--
            (1) in subsection (c) by striking ``This section does not'' 
        and inserting ``Subsections (a) and (b) shall not'';
            (2) by redesignating subsection (d) as subsection (e);
            (3) by inserting after subsection (c) the following:
    ``(d) Transportation of Horses.--
            ``(1) Prohibition.--No person may transport, or cause to be 
        transported, a horse from a place in a State, the District of 
        Columbia, or a territory or possession of the United States 
        through or to a place in another State, the District of 
        Columbia, or a territory or possession of the United States in 
        a motor vehicle containing two or more levels stacked on top of 
        each other.
            ``(2) Motor vehicle defined.--In this subsection, the term 
        `motor vehicle'--
                    ``(A) means a vehicle driven or drawn by mechanical 
                power and manufactured primarily for use on public 
                highways; and
                    ``(B) does not include a vehicle operated 
                exclusively on a rail or rails.''; and
            (4) in subsection (e), as redesignated--
                    (A) by striking ``A rail carrier'' and inserting 
                the following:
            ``(1) In general.--A rail carrier'';
                    (B) by striking ``this section'' and inserting 
                ``subsection (a) or (b)''; and
                    (C) by striking ``On learning'' and inserting the 
                following:
            ``(2) Transportation of horses in multilevel trailer.--
                    ``(A) Civil penalty.--A person that knowingly 
                violates subsection (d) is liable to the United States 
                Government for a civil penalty of at least $100, but 
                not more than $500, for each violation. A separate 
                violation of subsection (d) occurs for each horse that 
                is transported, or caused to be transported, in 
                violation of subsection (d).
                    ``(B) Relationship to other laws.--The penalty 
                imposed under subparagraph (A) shall be in addition to 
                any penalty or remedy available under any other law.
            ``(3) Civil action.--On learning''.

SEC. 4407. ADDITIONAL STATE AUTHORITY.

    (a) Additional Authority.--Notwithstanding the limitation in 
section 127(d) of title 23, United States Code, if a State had in 
effect on or before June 1, 1991, a statute or regulation which placed 
a limitation on the overall length of a longer combination vehicle 
consisting of 3 trailers, such State may allow the operation of a 
longer combination vehicle to accommodate a longer energy efficient 
truck tractor in such longer combination vehicle under such limitation, 
if the additional tractor length is the only added length to such 
longer combination vehicle and does not result in increased cargo 
capacity in weight or volume.
    (b) Savings Clause.--Nothing in this section authorizes a State to 
allow an increase in the length of a trailer, semitrailer, or other 
cargo-carrying unit of a longer combination vehicle.
    (c) Longer Combination Vehicle Defined.--The term ``longer 
combination vehicle'' has the meaning given such term in section 127 of 
title 23, United States Code.

SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSURANCE FOR COMMERCIAL 
              MOTOR VEHICLES.

    Section 31139(b) of title 49, United States Code, is amended--
            (1) in paragraph (2), by striking ``$750,000'' and 
        inserting ``$2,000,000''; and
            (2) by adding at the end the following:
            ``(3) Adjustment.--The Secretary, in consultation with the 
        Bureau of Labor Statistics, shall adjust the minimum level of 
        financial responsibility under paragraph (2) quinquennially for 
        inflation.''.

SEC. 4409. UNIVERSAL ELECTRONIC IDENTIFIER.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary of Transportation shall issue a final motor vehicle safety 
standard that requires a commercial motor vehicle manufactured after 
the effective date of such standard to be equipped with a universal 
electronic vehicle identifier that--
            (1) identifies the vehicle to roadside inspectors for 
        enforcement purposes;
            (2) does not transmit personally identifiable information 
        regarding operators; and
            (3) does not create an undue cost burden for operators and 
        carriers.

                          TITLE V--INNOVATION

SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Highway research and development program.--To carry out 
        section 503(b) of title 23, United States Code, $144,000,000 
        for each of fiscal years 2023 through 2026.
            (2) Technology and innovation deployment program.--To carry 
        out section 503(c) of title 23, United States Code, 
        $152,000,000 for each of fiscal years 2023 through 2026.
            (3) Training and education.--To carry out section 504 of 
        title 23, United States Code, $26,000,000 for each of fiscal 
        years 2023 through 2026.
            (4) Intelligent transportation systems program.--To carry 
        out sections 512 through 518 of title 23, United States Code, 
        $100,000,000 for each of fiscal years 2023 through 2026.
            (5) University transportation centers program.--To carry 
        out section 5505 of title 49, United States Code, $96,000,000 
        for each of fiscal years 2023 through 2026.
            (6) Bureau of transportation statistics.--To carry out 
        chapter 63 of title 49, United States Code, $27,000,000 for 
        each of fiscal years 2023 through 2026.
    (b) Additional Programs.--The following amounts are authorized to 
be appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account):
            (1) Mobility through advanced technologies.--To carry out 
        section 503(c)(4) of title 23, United States Code, $70,000,000 
        for each of fiscal years 2023 through 2026 from funds made 
        available to carry out section 503(c) of such title.
            (2) Materials to reduce greenhouse gas emissions program.--
        To carry out section 503(d) of title 23, United States Code, 
        $10,000,000 for each of fiscal years 2023 through 2026 from 
        funds made available to carry out section 503(c) of such title.
            (3) National highly automated vehicle and mobility 
        innovation clearinghouse.--To carry out section 5507 of title 
        49, United States Code, $2,000,000 for each of fiscal years 
        2023 through 2026 from funds made available to carry out 
        sections 512 through 518 of title 23, United States Code.
            (4) National cooperative multimodal freight transportation 
        research program.--To carry out section 70205 of title 49, 
        United States Code, $4,000,000 for each of fiscal years 2023 
        through 2026 from funds made available to carry out section 
        503(b) of title 23, United States Code.
            (5) State surface transportation system funding pilots.--To 
        carry out section 6020 of the FAST Act (23 U.S.C. 503 note), 
        $35,000,000 for each of fiscal years 2023 through 2026 from 
        funds made available to carry out section 503(b) of title 23, 
        United States Code.
            (6) National surface transportation system funding pilot.--
        To carry out section 5402 of this title, $10,000,000 for each 
        of fiscal years 2023 through 2026 from funds made available to 
        carry out section 503(b) of title 23, United States Code.
    (c) Administration.--The Federal Highway Administration shall--
            (1) administer the programs described in paragraphs (1), 
        (2), and (3) of subsection (a) and paragraph (1) of subsection 
        (b); and
            (2) in consultation with relevant modal administrations, 
        administer the programs described in subsections (a)(4) and 
        (b)(2).
    (d) Treatment of Funds.--Funds authorized to be appropriated by 
subsections (a) and (b) shall--
            (1) be available for obligation in the same manner as if 
        those funds were apportioned under chapter 1 of title 23, 
        United States Code, except that the Federal share of the cost 
        of a project or activity carried out using those funds shall be 
        80 percent, unless otherwise expressly provided by this title 
        (including the amendments by this title) or otherwise 
        determined by the Secretary; and
            (2) remain available until expended and not be 
        transferable, except as otherwise provided in this title.

                  Subtitle A--Research and Development

SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--Section 503 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(2) by striking ``section 508'' and 
        inserting ``section 6503 of title 49''; and
            (2) in subsection (b)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) in clause (ii) by striking ``; 
                                and'' and inserting a semicolon;
                                    (II) in clause (iii) by striking 
                                the period and inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iv) to reduce greenhouse gas emissions 
                        and limit the effects of climate change.''; and
                            (ii) by striking subparagraphs (D) and (E);
                    (B) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) in clause (ii) by striking ``; 
                                and'' and inserting a semicolon;
                                    (II) in clause (iii) by striking 
                                the period and inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iv) to reduce greenhouse gas emissions 
                        and limit the effects of climate change.''; and
                            (ii) in subparagraph (C)--
                                    (I) in clause (iv) by striking ``; 
                                and'' and inserting a semicolon;
                                    (II) in clause (v) by striking the 
                                period and inserting ``; and''; and
                                    (III) by inserting at the end the 
                                following:
                            ``(vi) establishing best practices and 
                        creating models and tools to support 
                        metropolitan and statewide planning practices 
                        to meet the considerations described in 
                        sections 134(i)(2)(I) and 135(f)(10) of this 
                        title, including--
                                    ``(I) strategies to address climate 
                                change mitigation and impacts described 
                                in sections 134(i)(2)(I)(ii) and 
                                135(f)(10)(B) of this title and the 
                                incorporation of such strategies into 
                                long range transportation planning;
                                    ``(II) preparation of a 
                                vulnerability assessment described in 
                                sections 134(i)(2)(I)(iii) and 
                                135(f)(10)(C) of this title; and
                                    ``(III) integration of these 
                                practices with the planning practices 
                                described in sections 5303(i)(2)(I) and 
                                5304(f)(10) of title 49.'';
                    (C) in paragraph (5)(A)--
                            (i) in clause (iv) by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in clause (v) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(vi) reducing greenhouse gas emissions 
                        and limiting the effects of climate change.''; 
                        and
                    (D) by adding at the end the following:
            ``(9) Analysis tools.--The Secretary may develop 
        interactive modeling tools and databases that--
                    ``(A) track the condition of highway assets, 
                including interchanges, and the reconstruction history 
                of such assets;
                    ``(B) can be used to assess transportation options;
                    ``(C) allow for the monitoring and modeling of 
                network-level traffic flows on highways; and
                    ``(D) further Federal and State understanding of 
                the importance of national and regional connectivity 
                and the need for long-distance and interregional 
                passenger and freight travel by highway and other 
                surface transportation modes.
            ``(10) Performance management data support program.--
                    ``(A) Performance management data support.--The 
                Administrator of the Federal Highway Administration 
                shall develop, use, and maintain data sets and data 
                analysis tools to assist metropolitan planning 
                organizations, States, and the Federal Highway 
                Administration in carrying out performance management 
                analyses (including the performance management 
                requirements under section 150).
                    ``(B) Inclusions.--The data analysis activities 
                authorized under subparagraph (A) may include--
                            ``(i) collecting and distributing vehicle 
                        probe data describing traffic on Federal-aid 
                        highways;
                            ``(ii) collecting household travel behavior 
                        data to assess local and cross-jurisdictional 
                        travel, including to accommodate external and 
                        through travel;
                            ``(iii) enhancing existing data collection 
                        and analysis tools to accommodate performance 
                        measures, targets, and related data, so as to 
                        better understand trip origin and destination, 
                        trip time, and mode;
                            ``(iv) enhancing existing data analysis 
                        tools to improve performance predictions and 
                        travel models in reports described in section 
                        150(e);
                            ``(v) developing tools--
                                    ``(I) to improve performance 
                                analysis; and
                                    ``(II) to evaluate the effects of 
                                project investments on performance;
                            ``(vi) assisting in the development or 
                        procurement of the transportation system access 
                        data under section 1403(g) of the INVEST in 
                        America Act; and
                            ``(vii) developing tools and acquiring data 
                        described under paragraph (9).
                    ``(C) Funding.--The Administrator of the Federal 
                Highway Administration may use up to $15,000,000 for 
                each of fiscal years 2023 through 2026 to carry out 
                this paragraph.''.
    (b) Repeal.--Section 6028 of the FAST Act (23 U.S.C. 150 note), and 
the item relating to such section in the table of contents in section 
1(b) of such Act, are repealed.

SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMISSIONS PROGRAM.

    Section 503 of title 23, United States Code, as amended by section 
5101, is further amended by adding at the end the following:
    ``(d) Materials To Reduce Greenhouse Gas Emissions Program.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this subsection, the Secretary shall establish 
        and implement a program under which the Secretary shall award 
        grants to eligible entities to research and support the 
        development of materials that will reduce or sequester the 
        amount of greenhouse gas emissions generated during the 
        production of highway materials and the construction and use of 
        highways.
            ``(2) Activities.--Activities under this section may 
        include--
                    ``(A) carrying out research to determine the 
                materials proven to most effectively reduce or 
                sequester greenhouse gas emissions;
                    ``(B) evaluating and improves the ability of 
                materials to most effectively reduce or sequester 
                greenhouse gas emissions; and
                    ``(C) supporting the development and deployment of 
                materials that will reduce or sequester greenhouse gas 
                emissions.
            ``(3) Competitive selection process.--
                    ``(A) Applications.--To be eligible to receive a 
                grant under this subsection, an eligible entity shall 
                submit to the Secretary an application in such form and 
                containing such information as the Secretary may 
                require.
                    ``(B) Consideration.--In making grants under this 
                subsection, the Secretary shall consider the degree to 
                which applicants presently carry out research on 
                materials that reduce or sequester greenhouse gas 
                emissions.
                    ``(C) Selection criteria.--The Secretary may make 
                grants under this subsection to any eligible entity 
                based on the demonstrated ability of the applicant to 
                fulfill the activities described in paragraph (2).
                    ``(D) Transparency.--The Secretary shall submit to 
                the Committee on Transportation and Infrastructure of 
                the House of Representatives and the Committee on 
                Environment and Public Works of the Senate a report 
                describing the overall review process for a grant under 
                this subsection, including--
                            ``(i) specific criteria of evaluation used 
                        in the review;
                            ``(ii) descriptions of the review process; 
                        and
                            ``(iii) explanations of the grants awarded.
            ``(4) Grants.--
                    ``(A) Restrictions.--
                            ``(i) In general.--For each fiscal year, a 
                        grant made available under this subsection 
                        shall be not greater than $4,000,000 and not 
                        less than $2,000,000 per recipient.
                            ``(ii) Limitation.--An eligible entity may 
                        only receive one grant in a fiscal year under 
                        this subsection.
                    ``(B) Matching requirements.--As a condition of 
                receiving a grant under this subsection, a grant 
                recipient shall match 50 percent of the amounts made 
                available under the grant.
            ``(5) Program coordination.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) coordinate the research, education, 
                        and technology transfer activities carried out 
                        by grant recipients under this subsection;
                            ``(ii) disseminate the results of that 
                        research through the establishment and 
                        operation of a publicly accessible online 
                        information clearinghouse; and
                            ``(iii) to the extent practicable, support 
                        the deployment and commercial adoption of 
                        effective materials researched or developed 
                        under this subsection to relevant stakeholders.
                    ``(B) Annual review and evaluation.--Not later than 
                2 years after the date of enactment of this subsection, 
                and not less frequently than annually thereafter, the 
                Secretary shall, consistent with the activities in 
                paragraph (3)--
                            ``(i) review and evaluate the programs 
                        carried out under this subsection by grant 
                        recipients, describing the effectiveness of the 
                        program in identifying materials that reduce or 
                        sequester greenhouse gas emissions;
                            ``(ii) submit to the Committee on 
                        Transportation and Infrastructure of the House 
                        of Representatives and the Committee on 
                        Environment and Public Works of the Senate a 
                        report describing such review and evaluation; 
                        and
                            ``(iii) make the report in clause (ii) 
                        available to the public on a website.
            ``(6) Limitation on availability of amounts.--Amounts made 
        available to carry out this subsection shall remain available 
        for obligation by the Secretary for a period of 3 years after 
        the last day of the fiscal year for which the amounts are 
        authorized.
            ``(7) Information collection.--Any survey, questionnaire, 
        or interview that the Secretary determines to be necessary to 
        carry out reporting requirements relating to any program 
        assessment or evaluation activity under this subsection, 
        including customer satisfaction assessments, shall not be 
        subject to chapter 35 of title 44 (commonly known as the 
        `Paperwork Reduction Act').
            ``(8) Definition of eligible entity.--In this subsection, 
        the term `eligible entity' means a nonprofit institution of 
        higher education, as such term is defined in section 101 of the 
        Higher Education Act of 1965 (20 U.S.C. 1001).''.

SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC 
              PLAN.

    Section 6503 of title 49, United States Code, is amended--
            (1) in subsection (a) by striking ``The Secretary'' and 
        inserting ``For the period of fiscal years 2017 through 2022, 
        and for each 5-year period thereafter, the Secretary'';
            (2) in subsection (c)(1)--
                    (A) in subparagraph (C) by inserting ``and security 
                in the transportation system'' after ``safety'';
                    (B) in subparagraph (D) by inserting ``and the 
                existing transportation system'' after 
                ``infrastructure'';
                    (C) in subparagraph (E) by striking ``; and'' and 
                inserting a semicolon;
                    (D) by amending subparagraph (F) to read as 
                follows:
                    ``(F) reducing greenhouse gas emissions; and''; and
                    (E) by adding at the end the following:
                    ``(G) developing and maintaining a diverse 
                workforce in transportation sectors;''; and
            (3) in subsection (d) by striking ``not later than December 
        31, 2016,'' and inserting ``not later than December 31, 
        2022,''.

SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.

    Section 5505 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4)--
                            (i) in subparagraph (A) by striking 
                        ``research priorities identified in chapter 
                        65.'' and inserting the following: ``following 
                        research priorities:
                            ``(i) Improving the mobility of people and 
                        goods.
                            ``(ii) Reducing congestion.
                            ``(iii) Promoting safety.
                            ``(iv) Improving the durability and 
                        extending the life of transportation 
                        infrastructure and the existing transportation 
                        system.
                            ``(v) Preserving the environment.
                            ``(vi) Reducing greenhouse gas 
                        emissions.''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``Technology and'' 
                                and inserting ``Technology,'';
                                    (II) by inserting ``, the 
                                Administrator of the Federal Transit 
                                Administration,'' after ``Federal 
                                Highway Administration''; and
                                    (III) by striking ``and other modal 
                                administrations as appropriate'' and 
                                inserting ``and the Administrators of 
                                other operating administrations, as 
                                appropriate''; and
                    (B) by adding at the end the following:
            ``(7) Focused research considerations.--In awarding grants 
        under this section, the Secretary shall consider how the 
        program under this section advances research on the 
        cybersecurity implications of technologies relating to 
        connected vehicles, connected infrastructure, and automated 
        vehicles.''.
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``Not later than 1 year 
                        after the date of enactment of this section,'' 
                        and inserting the following:
                    ``(A) Selection of grants.--Not later than 1 year 
                after the date of enactment of the INVEST in America 
                Act,''; and
                            (ii) by adding at the end the following:
                    ``(B) Limitations.--A grant under this subsection 
                may not include a cooperative agreement described in 
                section 6305 of title 31.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A) by striking ``5 
                        consortia'' and inserting ``6 consortia'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i) by striking ``not 
                                greater than $4,000,000 and not less 
                                than $2,000,000'' and inserting ``not 
                                greater than $4,250,000 and not less 
                                than $2,250,000''; and
                                    (II) in clause (ii) by striking 
                                ``section 6503(c)'' and inserting 
                                ``subsection (b)(4)(A)'';
                            (iii) in subparagraph (C) by striking ``100 
                        percent'' and inserting ``50 percent''; and
                            (iv) by adding at the end the following:
                    ``(D) Requirement.--In awarding grants under this 
                section, the Secretary shall award 1 grant to a 
                national consortia for each focus area described in 
                subsection (b)(4)(A).'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (C) by striking ``not 
                        greater than $3,000,000 and not less than 
                        $1,500,000'' and inserting ``not greater than 
                        $3,250,000 and not less than $1,750,000'';
                            (ii) in subparagraph (D)(i) by striking 
                        ``100 percent'' and inserting ``50 percent''; 
                        and
                            (iii) by striking subparagraph (E); and
                    (D) in paragraph (4)--
                            (i) in subparagraph (A) by striking 
                        ``greater than $2,000,000 and not less than 
                        $1,000,000'' and inserting ``greater than 
                        $2,250,000 and not less than $1,250,000''; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Consideration.--In awarding grants under this 
                section, the Secretary shall consider historically 
                black colleges and universities, as such term is 
                defined in section 371(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1067q), and other minority 
                institutions, as such term is defined by section 365 of 
                the Higher Education Act (20 U.S.C. 1067k), or 
                consortia that include such institutions that have 
                demonstrated an ability in transportation-related 
                research.
                    ``(D) Focused research.--
                            ``(i) In general.--In awarding grants under 
                        this section, the Secretary shall select not 
                        less than one grant recipient with each of the 
                        following focus areas:
                                    ``(I) Transit.
                                    ``(II) Connected and automated 
                                vehicle technology, including 
                                cybersecurity implications of 
                                technologies relating to connected 
                                vehicles, connected infrastructure, and 
                                automated vehicle technology.
                                    ``(III) Non-motorized 
                                transportation, including bicycle and 
                                pedestrian safety.
                                    ``(IV) The surface transportation 
                                workforce, including--
                                            ``(aa) current and future 
                                        workforce needs and challenges; 
                                        and
                                            ``(bb) the impact of 
                                        technology on the 
                                        transportation sector.
                                    ``(V) Climate change mitigation, 
                                including--
                                            ``(aa) researching the 
                                        types of transportation 
                                        projects that are expected to 
                                        provide the most significant 
                                        greenhouse gas emissions 
                                        reductions from the surface 
                                        transportation sector; and
                                            ``(bb) researching the 
                                        types of transportation 
                                        projects that are not expected 
                                        to provide significant 
                                        greenhouse gas emissions 
                                        reductions from the surface 
                                        transportation sector.
                            ``(ii) Additional grants.--In awarding 
                        grants under this section and after awarding 
                        grants pursuant to clause (i), the Secretary 
                        may award any remaining grants to any grant 
                        recipient based on the criteria described in 
                        subsection (b)(4)(A).'';
            (3) in subsection (d)(3) by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2023 through 
        2026'';
            (4) by redesignating subsection (f) as subsection (g); and
            (5) by inserting after subsection (e) the following:
    ``(f) Surplus Amounts.--
            ``(1) In general.--Amounts made available to the Secretary 
        to carry out this section that remain unobligated after 
        awarding grants under subsection (c) shall be made available 
        under the unsolicited research initiative under section 5506.
            ``(2) Limitation on amounts.--Amounts under paragraph (1) 
        shall not exceed $2,000,000 for any given fiscal year.''.

SEC. 5105. UNSOLICITED RESEARCH INITIATIVE.

    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 5506. Unsolicited research initiative
    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall establish a program 
under which an eligible entity may at any time submit unsolicited 
research proposals for funding under this section.
    ``(b) Criteria.--A research proposal submitted under subsection (a) 
shall meet the purposes of the Secretary's 5-year transportation 
research and development strategic plan described in section 
6503(c)(1).
    ``(c) Applications.--To receive funding under this section, 
eligible entities shall submit to the Secretary an application that is 
in such form and contains such information as the Secretary may 
require.
    ``(d) Report.--Not later than 18 months after the date of enactment 
of this section, and annually thereafter, the Secretary shall make 
available to the public on a public website a report on the progress 
and findings of the program established under subsection (a).
    ``(e) Federal Share.--
            ``(1) In general.--The Federal share of the cost of an 
        activity carried out under this section may not exceed 50 
        percent.
            ``(2) Non-federal share.--All costs directly incurred by 
        the non-Federal partners, including personnel, travel, 
        facility, and hardware development costs, shall be credited 
        toward the non-Federal share of the cost of an activity carried 
        out under this section.
    ``(f) Funding.--
            ``(1) In general.--Of the funds made available to carry out 
        the university transportation centers program under section 
        5505, $2,000,000 shall be available for each of fiscal years 
        2023 through 2026 to carry out this section.
            ``(2) Funding flexibility.--
                    ``(A) In general.--For fiscal years 2023 through 
                2026, funds made available under paragraph (1) shall 
                remain available until expended.
                    ``(B) Uncommitted funds.--If the Secretary 
                determines, at the end of a fiscal year, funds under 
                paragraph (1) remain unexpended as a result of a lack 
                of meritorious projects under this section, the 
                Secretary may, for the following fiscal year, make 
                remaining funds available under either this section or 
                under section 5505.
    ``(g) Eligible Entity Defined.--In this section, the term `eligible 
entity' means--
            ``(1) a State;
            ``(2) a unit of local government;
            ``(3) a transit agency;
            ``(4) any nonprofit institution of higher education, 
        including a university transportation center under section 
        5505; and
            ``(5) a nonprofit organization.''.
    (b) Clerical Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5505 the following new item:

``5506. Unsolicited research initiative.''.

SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL FREIGHT TRANSPORTATION 
              RESEARCH PROGRAM.

    (a) In General.--Chapter 702 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 70205. National cooperative multimodal freight transportation 
              research program
    ``(a) Establishment.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall establish and support a 
national cooperative multimodal freight transportation research 
program.
    ``(b) Agreement.--Not later than 6 months after the date of 
enactment of this section, the Secretary shall seek to enter into an 
agreement with the National Academy of Sciences to support and carry 
out administrative and management activities relating to the governance 
of the national cooperative multimodal freight transportation research 
program.
    ``(c) Advisory Committee.--In carrying out the agreement described 
in subsection (b), the National Academy of Sciences shall select a 
multimodal freight transportation research advisory committee 
consisting of multimodal freight stakeholders, including, at a 
minimum--
            ``(1) a representative of the Department of Transportation;
            ``(2) representatives of any other Federal agencies 
        relevant in supporting the nation's multimodal freight 
        transportation research needs;
            ``(3) a representative of a State department of 
        transportation;
            ``(4) a representative of a local government (other than a 
        metropolitan planning organization);
            ``(5) a representative of a metropolitan planning 
        organization;
            ``(6) a representative of the trucking industry;
            ``(7) a representative of the railroad industry;
            ``(8) a representative of the port industry;
            ``(9) a representative of logistics industry;
            ``(10) a representative of shipping industry;
            ``(11) a representative of a safety advocacy group with 
        expertise in freight transportation;
            ``(12) an academic expert on multimodal freight 
        transportation;
            ``(13) an academic expert on the contributions of freight 
        movement to greenhouse gas emissions; and
            ``(14) representatives of labor organizations representing 
        workers in freight transportation.
    ``(d) Elements.--The national cooperative multimodal freight 
transportation research program established under this section shall 
include the following elements:
            ``(1) National research agenda.--The advisory committee 
        under subsection (c), in consultation with interested parties, 
        shall recommend a national research agenda for the program 
        established in this section.
            ``(2) Involvement.--Interested parties may--
                    ``(A) submit research proposals to the advisory 
                committee;
                    ``(B) participate in merit reviews of research 
                proposals and peer reviews of research products; and
                    ``(C) receive research results.
            ``(3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award research 
        contracts and grants under the program through open competition 
        and merit review conducted on a regular basis.
            ``(4) Evaluation of research.--
                    ``(A) Peer review.--Research contracts and grants 
                under the program may allow peer review of the research 
                results.
                    ``(B) Programmatic evaluations.--The National 
                Academy of Sciences shall conduct periodic programmatic 
                evaluations on a regular basis of research contracts 
                and grants.
            ``(5) Dissemination of research findings.--
                    ``(A) In general.--The National Academy of Sciences 
                shall disseminate research findings to researchers, 
                practitioners, and decisionmakers, through conferences 
                and seminars, field demonstrations, workshops, training 
                programs, presentations, testimony to government 
                officials, a public website for the National Academy of 
                Sciences, publications for the general public, and 
                other appropriate means.
                    ``(B) Report.--Not more than 18 months after the 
                date of enactment of this section, and annually 
                thereafter, the Secretary shall make available on a 
                public website a report that describes the ongoing 
                research and findings of the program.
    ``(e) Contents.--The national research agenda under subsection 
(d)(1) shall include--
            ``(1) techniques and tools for estimating and identifying 
        both quantitative and qualitative public benefits derived from 
        multimodal freight transportation projects, including--
                    ``(A) greenhouse gas emissions reduction;
                    ``(B) congestion reduction; and
                    ``(C) safety benefits;
            ``(2) the impact of freight delivery vehicles, including 
        trucks, railcars, and non-motorized vehicles, on congestion in 
        urban and rural areas;
            ``(3) the impact of both centralized and disparate origins 
        and destinations on freight movement;
            ``(4) the impacts of increasing freight volumes on 
        transportation planning, including--
                    ``(A) first-mile and last-mile challenges to 
                multimodal freight movement;
                    ``(B) multimodal freight travel in both urban and 
                rural areas; and
                    ``(C) commercial motor vehicle parking and rest 
                areas;
            ``(5) the effects of Internet commerce and accelerated 
        delivery speeds on freight movement and increased commercial 
        motor vehicle volume, including impacts on--
                    ``(A) safety on public roads;
                    ``(B) congestion in both urban and rural areas;
                    ``(C) first-mile and last-mile challenges and 
                opportunities;
                    ``(D) the environmental impact of freight 
                transportation, including on air quality and on 
                greenhouse gas emissions; and
                    ``(E) vehicle miles-traveled by freight-delivering 
                vehicles;
            ``(6) the impacts of technological advancements in freight 
        movement, including impacts on--
                    ``(A) congestion in both urban and rural areas;
                    ``(B) first-mile and last-mile challenges and 
                opportunities; and
                    ``(C) vehicle miles-traveled;
            ``(7) methods and best practices for aligning multimodal 
        infrastructure improvements with multimodal freight 
        transportation demand, including improvements to the National 
        Multimodal Freight Network under section 70103; and
            ``(8) other research areas to identify and address current, 
        emerging, and future needs related to multimodal freight 
        transportation.
    ``(f) Funding.--
            ``(1) Federal share.--The Federal share of the cost of an 
        activity carried out under this section shall be 100 percent.
            ``(2) Period of availability.--Amounts made available to 
        carry out this section shall remain available until expended.
    ``(g) Definition of Greenhouse Gas.--In this section, the term 
`greenhouse gas' has the meaning given such term in section 211(o)(1) 
of the Clean Air Act (42 U.S.C. 7545(o)(1)).''.
    (b) Clerical Amendment.--The analysis for chapter 702 of title 49, 
United States Code, is amended by adding at the end the following new 
item:

``70205. National cooperative multimodal freight transportation 
                            research program.''.

SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND HABITAT 
              CONNECTIVITY IMPROVEMENT.

    (a) Study.--
            (1) In general.--The Secretary of Transportation shall 
        conduct a study examining methods to reduce collisions between 
        motorists and wildlife (referred to in this section as 
        ``wildlife-vehicle collisions'').
            (2) Contents.--
                    (A) Areas of study.--The study required under 
                paragraph (1) shall--
                            (i) update and expand on, as appropriate--
                                    (I) the report titled ``Wildlife 
                                Vehicle Collision Reduction Study: 2008 
                                Report to Congress'': and
                                    (II) the document titled ``Wildlife 
                                Vehicle Collision Reduction Study: Best 
                                Practices Manual'' and dated October 
                                2008; and
                            (ii) include--
                                    (I) an assessment, as of the date 
                                of the study, of--
                                            (aa) the causes of 
                                        wildlife-vehicle collisions;
                                            (bb) the impact of 
                                        wildlife-vehicle collisions on 
                                        motorists and wildlife; and
                                            (cc) the impacts of roads 
                                        and traffic on habitat 
                                        connectivity for terrestrial 
                                        and aquatic species; and
                                    (II) solutions and best practices 
                                for--
                                            (aa) reducing wildlife-
                                        vehicle collisions; and
                                            (bb) improving habitat 
                                        connectivity for terrestrial 
                                        and aquatic species.
                    (B) Methods.--In carrying out the study required 
                under paragraph (1), the Secretary shall--
                            (i) conduct a thorough review of research 
                        and data relating to--
                                    (I) wildlife-vehicle collisions; 
                                and
                                    (II) habitat fragmentation that 
                                results from transportation 
                                infrastructure;
                            (ii) survey current practices of the 
                        Department of Transportation and State 
                        departments of transportation to reduce 
                        wildlife-vehicle collisions; and
                            (iii) consult with--
                                    (I) appropriate experts in the 
                                field of wildlife-vehicle collisions; 
                                and
                                    (II) appropriate experts on the 
                                effects of roads and traffic on habitat 
                                connectivity for terrestrial and 
                                aquatic species.
            (3) Report.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary shall 
                submit to Congress a report on the results of the study 
                required under paragraph (1).
                    (B) Contents.--The report required under 
                subparagraph (A) shall include--
                            (i) a description of--
                                    (I) the causes of wildlife-vehicle 
                                collisions;
                                    (II) the impacts of wildlife-
                                vehicle collisions; and
                                    (III) the impacts of roads and 
                                traffic on--
                                            (aa) species listed as 
                                        threatened species or 
                                        endangered species under the 
                                        Endangered Species Act of 1973 
                                        (16 U.S.C. 1531 et seq.);
                                            (bb) species identified by 
                                        States as species of greatest 
                                        conservation need;
                                            (cc) species identified in 
                                        State wildlife plans; and
                                            (dd) medium and small 
                                        terrestrial and aquatic 
                                        species;
                            (ii) an economic evaluation of the costs 
                        and benefits of installing highway 
                        infrastructure and other measures to mitigate 
                        damage to terrestrial and aquatic species, 
                        including the effect on jobs, property values, 
                        and economic growth to society, adjacent 
                        communities, and landowners;
                            (iii) recommendations for preventing 
                        wildlife-vehicle collisions, including 
                        recommended best practices, funding resources, 
                        or other recommendations for addressing 
                        wildlife-vehicle collisions; and
                            (iv) guidance to develop, for each State 
                        that agrees to participate, a voluntary joint 
                        statewide transportation and wildlife action 
                        plan.
                    (C) Purposes.--The purpose of the guidance 
                described in subparagraph (B)(iv) shall be--
                            (i) to address wildlife-vehicle collisions; 
                        and
                            (ii) to improve habitat connectivity for 
                        terrestrial and aquatic species.
                    (D) Consultation.--The Secretary shall develop the 
                guidance described under subparagraph (B)(iv) in 
                consultation with--
                            (i) Federal land management agencies;
                            (ii) State departments of transportation;
                            (iii) State fish and wildlife agencies; and
                            (iv) Tribal governments.
    (b) Standardization of Wildlife Collision and Carcass Data.--
            (1) Standardization methodology.--
                    (A) In general.--The Secretary of Transportation, 
                acting through the Administrator of the Federal Highway 
                Administration, shall develop a quality standardized 
                methodology for collecting and reporting spatially 
                accurate wildlife collision and carcass data for the 
                National Highway System, taking into consideration the 
                practicability of the methodology with respect to 
                technology and cost.
                    (B) Methodology.--In developing the standardized 
                methodology under subparagraph (A), the Secretary 
                shall--
                            (i) survey existing methodologies and 
                        sources of data collection, including the 
                        Fatality Analysis Reporting System, the General 
                        Estimates System of the National Automotive 
                        Sampling System, and the Highway Safety 
                        Information System; and
                            (ii) to the extent practicable, identify 
                        and correct limitations of such existing 
                        methodologies and sources of data collection.
                    (C) Consultation.--In developing the standardized 
                methodology under subparagraph (A), the Secretary shall 
                consult with--
                            (i) the Secretary of the Interior;
                            (ii) the Secretary of Agriculture, acting 
                        through the Chief of the Forest Service;
                            (iii) Tribal, State, and local 
                        transportation and wildlife authorities;
                            (iv) metropolitan planning organizations 
                        (as such term is defined in section 134(b) of 
                        title 23, United States Code);
                            (v) members of the American Association of 
                        State Highway and Transportation Officials;
                            (vi) members of the Association of Fish and 
                        Wildlife Agencies;
                            (vii) experts in the field of wildlife-
                        vehicle collisions;
                            (viii) nongovernmental organizations; and
                            (ix) other interested stakeholders, as 
                        appropriate.
            (2) Standardized national data system with voluntary 
        template implementation.--The Secretary shall--
                    (A) develop a template for State implementation of 
                a standardized national wildlife collision and carcass 
                data system for the National Highway System that is 
                based on the standardized methodology developed under 
                paragraph (1); and
                    (B) encourage the voluntary implementation of the 
                template developed under subparagraph (A) for States, 
                metropolitan planning organizations, and additional 
                relevant transportation stakeholders.
            (3) Reports.--
                    (A) Methodology.--The Secretary shall submit to 
                Congress a report describing the development of the 
                standardized methodology required under paragraph (1) 
                not later than--
                            (i) the date that is 18 months after the 
                        date of enactment of this Act; and
                            (ii) the date that is 180 days after the 
                        date on which the Secretary completes the 
                        development of such standardized methodology.
                    (B) Implementation.--Not later than 3 years after 
                the date of enactment of this Act, the Secretary shall 
                submit to Congress a report describing--
                            (i) the status of the voluntary 
                        implementation of the standardized methodology 
                        developed under paragraph (1) and the template 
                        developed under paragraph (2)(A);
                            (ii) whether the implementation of the 
                        standardized methodology developed under 
                        paragraph (1) and the template developed under 
                        paragraph (2)(A) has impacted efforts by 
                        States, units of local government, and other 
                        entities--
                                    (I) to reduce the number of 
                                wildlife-vehicle collisions; and
                                    (II) to improve habitat 
                                connectivity;
                            (iii) the degree of the impact described in 
                        clause (ii); and
                            (iv) the recommendations of the Secretary, 
                        including recommendations for further study 
                        aimed at reducing motorist collisions involving 
                        wildlife and improving habitat connectivity for 
                        terrestrial and aquatic species on the National 
                        Highway System, if any.
    (c) National Threshold Guidance.--The Secretary of Transportation 
shall--
            (1) establish guidance, to be carried out by States on a 
        voluntary basis, that contains a threshold for determining 
        whether a highway shall be evaluated for potential mitigation 
        measures to reduce wildlife-vehicle collisions and increase 
        habitat connectivity for terrestrial and aquatic species, 
        taking into consideration--
                    (A) the number of wildlife-vehicle collisions on 
                the highway that pose a human safety risk;
                    (B) highway-related mortality and effects of 
                traffic on the highway on--
                            (i) species listed as endangered species or 
                        threatened species under the Endangered Species 
                        Act of 1973 (16 U.S.C. 1531 et seq.);
                            (ii) species identified by a State as 
                        species of greatest conservation need;
                            (iii) species identified in State wildlife 
                        plans; and
                            (iv) medium and small terrestrial and 
                        aquatic species; and
                    (C) habitat connectivity values for terrestrial and 
                aquatic species and the barrier effect of the highway 
                on the movements and migrations of those species.
    (d) Workforce Development and Technical Training.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall, based on the study 
        conducted under subsection (a), develop a series of in-person 
        and online workforce development and technical training 
        courses--
                    (A) to reduce wildlife-vehicle collisions; and
                    (B) to improve habitat connectivity for terrestrial 
                and aquatic species.
            (2) Availability.--The Secretary shall--
                    (A) make the series of courses developed under 
                paragraph (1) available for transportation and fish and 
                wildlife professionals; and
                    (B) update the series of courses not less 
                frequently than once every 2 years.
    (e) Wildlife Habitat Connectivity and National Bridge and Tunnel 
Inventory and Inspection Standards.--Section 144 of title 23, United 
States Code, is amended in subsection (a)(2)--
            (1) in subparagraph (B) by inserting ``, resilience,'' 
        after ``safety'';
            (2) in subparagraph (D) by striking ``and'' at the end;
            (3) in subparagraph (E) by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(F) to ensure adequate passage of aquatic and 
                terrestrial species, where appropriate.'';

SEC. 5108. RESEARCH ACTIVITIES.

    Section 330(g) of title 49, United States Code, is amended by 
striking ``each of fiscal years 2016 through 2020'' and inserting 
``each of fiscal years 2023 through 2026''.

SEC. 5109. TRANSPORTATION EQUITY RESEARCH PROGRAM.

    (a) In General.--The Secretary of Transportation shall carry out a 
transportation equity research program for research and demonstration 
activities that focus on the impacts that surface transportation 
planning, investment, and operations have on low-income populations, 
minority populations, and other underserved populations that may be 
dependent on public transportation. Such activities shall include 
research on surface transportation equity issues, the development of 
strategies to advance economic and community development in public 
transportation-dependent populations, and the development of training 
programs that promote the employment of low-income populations, 
minority populations, and other underserved populations on Federal-aid 
transportation projects constructed in their communities.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2023 through 2026.
    (c) Availability of Amounts.--Amounts made available to the 
Secretary to carry out this section shall remain available for a period 
of 3 years beginning after the last day of the fiscal year for which 
the amounts are authorized.

SEC. 5110. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND 
              TECHNOLOGY.

    Section 502(b)(3)(C) of title 23, United States Code, is amended by 
inserting ``entities that represent the needs of metropolitan planning 
organizations,'' after ``Officials,''.

SEC. 5111. METROPOLITAN PLANNING RESEARCH PILOT PROGRAM.

    (a) Establishment.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation shall seek to 
enter into an agreement with a nonprofit nongovernmental entity that 
exclusively serves the needs and interests of metropolitan planning 
organizations to establish a pilot program to provide awards to 
eligible entities to carry out eligible activities to enhance and 
improve metropolitan planning practices in surface transportation.
    (b) Goals.--The goals of the pilot program established under this 
section include--
            (1) enhancing metropolitan planning practices in surface 
        transportation;
            (2) improving the ability of metropolitan planning 
        organizations to meet performance measures and targets under 
        section 150 of title 23, United States Code;
            (3) preparing for the impact that emerging technologies, 
        such as connected and automated vehicles, will have on the 
        metropolitan planning process;
            (4) improving environmental considerations in the 
        metropolitan planning process;
            (5) reducing greenhouse gas emissions and limiting the 
        effects of climate change;
            (6) improving access to jobs and services;
            (7) supporting underserved communities; and
            (8) expanding the ability of metropolitan planning 
        organizations to collect public input and strengthen community 
        engagement.
    (c) Forms of Assistance.--An award provided under this section may 
be in the form of a grant, contract, or cooperative agreement.
    (d) Competitive Selection Process.--
            (1) Applications.--To be eligible to receive an award under 
        this section, an eligible entity shall submit to the Secretary 
        an application in such form and containing such information as 
        the Secretary may require.
            (2) Selection criteria.--The Secretary may provide awards 
        under this section to any eligible entity based on the 
        demonstrated ability of the entity to fulfill the goals 
        described under subsection (b) and carry out eligible 
        activities.
    (e) Transparency.--The Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report 
describing the selection process for providing an award under this 
section and the results of activities carried out under this section.
    (f) Definitions.--In this section:
            (1) Eligible activity.--The term ``eligible activity'' 
        means--
                    (A) carrying out research to improve metropolitan 
                planning practices;
                    (B) developing new metropolitan planning tools;
                    (C) improving existing metropolitan planning tools 
                and practices; or
                    (D) any other research activities the Secretary 
                determines to be appropriate, consistent with the goals 
                under subsection (b).
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a metropolitan planning organization designated 
                under section 134(d) of title 23, United States Code;
                    (B) a metropolitan planning organization working in 
                partnership with a nonprofit organization;
                    (C) a metropolitan planning organization working in 
                partnership with a county; or
                    (D) a group of entities described under 
                subparagraphs (A) through (C).
    (g) Federal Share.--The Federal share of the cost of an activity 
carried out using an award under this section shall be 100 percent.
    (h) Authorization of Appropriations.--
            (1) In general.--From the amounts made available to carry 
        out section 503(b) of title 23, United States Code, for each of 
        fiscal years 2023 through 2026, the Secretary may expend 
        $1,000,000 to carry out this section.
            (2) Administrative expenses.--Of the amounts made available 
        under paragraph (1), the Secretary may use up to 5 percent of 
        such funds for administrative expenses.
    (i) Information Collection.--Any survey, questionnaire, or 
interview that the Secretary determines to be necessary to carry out 
reporting requirements relating to any program assessment or evaluation 
activity under this section, including customer satisfaction 
assessments, shall not be subject to chapter 35 of title 44, United 
States Code (commonly known as the ``Paperwork Reduction Act'').

                   Subtitle B--Technology Deployment

SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

    Section 503(c) of title 23, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A) by inserting ``, while 
                considering the impacts on jobs'' after 
                ``transportation community'';
                    (B) in subparagraph (D) by striking ``; and'' and 
                inserting a semicolon;
                    (C) in subparagraph (E) by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(F) reducing greenhouse gas emissions and 
                limiting the effects of climate change.''; and
            (2) in paragraph (2)(A) by striking the period and 
        inserting ``and findings from the materials to reduce 
        greenhouse gas emissions program under subsection (d).''.

SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF PAVEMENT 
              TECHNOLOGIES.

    Section 503(c)(3) of title 23, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) in clause (v) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (vi) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(vii) the deployment of innovative 
                        pavement designs, materials, and practices that 
                        reduce or sequester the amount of greenhouse 
                        gas emissions generated during the production 
                        of highway materials and the construction of 
                        highways, with consideration for findings from 
                        the materials to reduce greenhouse gas 
                        emissions program under subsection (d).'';
            (2) in subparagraph (C) by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2023 through 
        2026''; and
            (3) in subparagraph (D)(ii)--
                    (A) in subclause (III) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subclause (IV) by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
                                    ``(V) pavement monitoring and data 
                                collection practices;
                                    ``(VI) pavement durability and 
                                resilience;
                                    ``(VII) stormwater management;
                                    ``(VIII) impacts on vehicle 
                                efficiency;
                                    ``(IX) the energy efficiency of the 
                                production of paving materials and the 
                                ability of paving materials to enhance 
                                the environment and promote 
                                sustainability;
                                    ``(X) integration of renewable 
                                energy in pavement designs; and
                                    ``(XI) greenhouse gas emissions 
                                reduction, including findings from the 
                                materials to reduce greenhouse gas 
                                emissions program under subsection 
                                (d).''.

SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY DAY COUNTS INITIATIVE.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 520. Every Day Counts initiative
    ``(a) In General.--It is in the national interest for the 
Department of Transportation, State departments of transportation, and 
all other recipients of Federal surface transportation funds--
            ``(1) to identify, accelerate, and deploy innovation aimed 
        at expediting project delivery;
            ``(2) enhancing the safety of the roadways of the United 
        States, and protecting the environment;
            ``(3) to ensure that the planning, design, engineering, 
        construction, and financing of transportation projects is done 
        in an efficient and effective manner;
            ``(4) to promote the rapid deployment of proven solutions 
        that provide greater accountability for public investments and 
        encourage greater private sector involvement; and
            ``(5) to create a culture of innovation within the highway 
        community.
    ``(b) Every Day Counts Initiative.--To advance the policy described 
in subsection (a), the Administrator of the Federal Highway 
Administration shall continue the Every Day Counts initiative to work 
with States, local transportation agencies, all other recipients of 
Federal surface transportation funds, and industry stakeholders, 
including labor representatives, to identify and deploy proven 
innovative practices and products that--
            ``(1) accelerate innovation deployment;
            ``(2) expedite the project delivery process;
            ``(3) improve environmental sustainability;
            ``(4) enhance roadway safety;
            ``(5) reduce congestion; and
            ``(6) reduce greenhouse gas emissions.
    ``(c) Considerations.--In carrying out the Every Day Counts 
initiative, the Administrator shall consider any innovative practices 
and products in accordance with subsections (a) and (b), including--
            ``(1) research results from the university transportation 
        centers program under section 5505 of title 49; and
            ``(2) results from the materials to reduce greenhouse gas 
        emissions program in section 503(d).
    ``(d) Innovation Deployment.--
            ``(1) In general.--At least every 2 years, the 
        Administrator shall work collaboratively with stakeholders to 
        identify a new collection of innovations, best practices, and 
        data to be deployed to highway stakeholders through case 
        studies, outreach, and demonstration projects.
            ``(2) Requirements.--In identifying a collection described 
        in paragraph (1), the Secretary shall take into account market 
        readiness, impacts, benefits, and ease of adoption of the 
        innovation or practice.
    ``(e) Publication.--Each collection identified under subsection (d) 
shall be published by the Administrator on a publicly available 
website.
    ``(f) Funding.--The Secretary may use funds made available to carry 
out section 503(c) to carry out this section.
    ``(g) Rule of Construction.--Nothing in this section may be 
construed to allow the Secretary to waive any requirement under any 
other provision of Federal law.''.
    (b) Clerical Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding at the end the following new 
item:

``520. Every Day Counts initiative.''.
    (c) Repeal.--Section 1444 of the FAST Act (23 U.S.C. 101 note), and 
the item related to such section in the table of contents in section 
1(b) of such Act, are repealed.

                   Subtitle C--Emerging Technologies

SEC. 5301. MOBILITY THROUGH ADVANCED TECHNOLOGIES.

    Section 503(c)(4) of title 23, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``Not later than 6 months after the 
                date of enactment of this paragraph, the'' and 
                inserting ``The'';
                    (B) by striking ``establish an advanced 
                transportation and congestion management technologies 
                deployment'' and inserting ``establish a mobility 
                through advanced technologies'';
                    (C) by inserting ``mobility,'' before 
                ``efficiency,''; and
                    (D) by inserting ``environmental impacts,'' after 
                ``system performance,'';
            (2) in subparagraph (B)--
                    (A) by striking clause (i) and inserting the 
                following:
                            ``(i) reduce costs, improve return on 
                        investments, and improve person throughput and 
                        mobility, including through the optimization of 
                        existing transportation capacity;'';
                    (B) in clause (iv) by inserting ``bicyclist, and'' 
                before ``pedestrian'';
                    (C) in clause (vii) by striking ``; or'' and 
                inserting a semicolon;
                    (D) in clause (viii)--
                            (i) by striking ``accelerate'' and 
                        inserting ``prepare for''; and
                            (ii) by striking the period and inserting 
                        ``; or''; and
                    (E) by adding at the end the following:
                            ``(ix) reduce greenhouse gas emissions and 
                        limit the effects of climate change.'';
            (3) in subparagraph (C)--
                    (A) in clause (ii)(II)(aa) by striking 
                ``congestion'' and inserting ``congestion and delays, 
                greenhouse gas emissions''; and
                    (B) by adding at the end the following:
                            ``(iii) Considerations.--An application 
                        submitted under this paragraph may include a 
                        description of how the proposed project would 
                        support the national goals described in section 
                        150(b), the achievement of metropolitan and 
                        statewide targets established under section 
                        150(d), or the improvement of transportation 
                        system access consistent with section 150(f), 
                        including through--
                                    ``(I) the congestion and on-road 
                                mobile-source emissions performance 
                                measures established under section 
                                150(c)(5); or
                                    ``(II) the greenhouse gas emissions 
                                performance measures established under 
                                section 150(c)(7).'';
            (4) in subparagraph (D) by adding at the end the following:
                            ``(iv) Prioritization.--In awarding a grant 
                        under this paragraph, the Secretary shall 
                        prioritize projects that, in accordance with 
                        the criteria described in subparagraph (B)--
                                    ``(I) improve person throughput and 
                                mobility, including through the 
                                optimization of existing transportation 
                                capacity;
                                    ``(II) deliver environmental 
                                benefits;
                                    ``(III) reduce the number and 
                                severity of traffic crashes and 
                                increase driver, passenger, bicyclist, 
                                and pedestrian safety; or
                                    ``(IV) reduce greenhouse gas 
                                emissions and limit the effects of 
                                climate change.
                            ``(v) Grant distribution.--In each fiscal 
                        year, the Secretary shall award not fewer than 
                        3 grants under this paragraph based on the 
                        potential of the project to reduce the number 
                        and severity of traffic crashes and increase, 
                        driver, passenger, bicyclist, and pedestrian 
                        safety.'';
            (5) in subparagraph (E)--
                    (A) in clause (vi)--
                            (i) by inserting ``, vehicle-to-
                        pedestrian,'' after ``vehicle-to-vehicle''; and
                            (ii) by inserting ``systems to improve 
                        vulnerable road user safety,'' before 
                        ``technologies associated with'' ;
                    (B) in clause (viii) by striking ``; or'' and 
                inserting a semicolon;
                    (C) in clause (ix) by striking ``disabled 
                individuals.'' and inserting ``disabled individuals, 
                including activities under section 5316 of title 49; 
                or''; and
                    (D) by adding at the end the following:
                            ``(x) measures to safeguard surface 
                        transportation system technologies under this 
                        subparagraph from cybersecurity threats.''.
            (6) by striking subparagraph (G) and inserting the 
        following:
                    ``(G) Reporting.--
                            ``(i) Applicability of law.--The program 
                        under this paragraph shall be subject to the 
                        accountability and oversight requirements in 
                        section 106(m).
                            ``(ii) Report.--Not later than 3 years 
                        after the date that the first grant is awarded 
                        under this paragraph, and each year thereafter, 
                        the Secretary shall make available to the 
                        public on a website a report that describes the 
                        effectiveness of grant recipients in meeting 
                        their projected deployment plans, including 
                        data provided under subparagraph (F) on how the 
                        program has provided benefits, such as how the 
                        program has--
                                    ``(I) reduced traffic-related 
                                fatalities and injuries;
                                    ``(II) reduced traffic congestion 
                                and improved travel time reliability;
                                    ``(III) reduced transportation-
                                related emissions;
                                    ``(IV) optimized multimodal system 
                                performance;
                                    ``(V) improved access to 
                                transportation alternatives;
                                    ``(VI) provided the public with 
                                access to real-time integrated traffic, 
                                transit, and multimodal transportation 
                                information to make informed travel 
                                decisions;
                                    ``(VII) provided cost savings to 
                                transportation agencies, businesses, 
                                and the traveling public;
                                    ``(VIII) created or maintained 
                                transportation jobs and supported 
                                transportation workers; or
                                    ``(IX) provided other benefits to 
                                transportation users and the general 
                                public.
                            ``(iii) Considerations.--If applicable, the 
                        Secretary shall ensure that the activities 
                        described in subclauses (I) and (IV) of clause 
                        (ii) reflect--
                                    ``(I) any information described in 
                                subparagraph (C)(iii) that is included 
                                by an applicant; or
                                    ``(II) the project prioritization 
                                guidelines under subparagraph 
                                (D)(iv).'';
            (7) in subparagraph (I) by striking ``Funding'' and all 
        that follows through ``the Secretary may set aside'' and 
        inserting the following: ``Funding.--Of the amounts made 
        available to carry out this paragraph, the Secretary may set 
        aside'';
            (8) in subparagraph (J) by striking the period at the end 
        and inserting ``, except that the Federal share of the cost of 
        a project for which a grant is awarded under this paragraph 
        shall not exceed 80 percent.'';
            (9) in subparagraph (K) by striking ``amount described 
        under subparagraph (I)'' and inserting ``funds made available 
        to carry out this paragraph'';
            (10) by striking subparagraph (M) and inserting the 
        following:
                    ``(M) Grant flexibility.--If, by August 1 of each 
                fiscal year, the Secretary determines that there are 
                not enough grant applications that meet the 
                requirements described in subparagraph (C) to carry out 
                this paragraph for a fiscal year, the Secretary shall 
                transfer to the technology and innovation deployment 
                program--
                            ``(i) any of the funds made available to 
                        carry out this paragraph in a fiscal year that 
                        the Secretary has not yet awarded under this 
                        paragraph; and
                            ``(ii) an amount of obligation limitation 
                        equal to the amount of funds that the Secretary 
                        transfers under clause (i).''; and
            (11) in subparagraph (N)--
                    (A) in clause (i) by inserting ``an urbanized area 
                with'' before ``a population of''; and
                    (B) in clause (iii) by striking ``a any'' and 
                inserting ``any''.

SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.

    (a) Use of Funds for ITS Activities.--Section 513(c)(1) of title 
23, United States Code, is amended by inserting ``greenhouse gas 
emissions reduction,'' before ``and congestion management''.
    (b) Goals and Purposes.--Section 514(a) of title 23, United States 
Code, is amended--
            (1) in paragraph (6) by striking ``national freight policy 
        goals'' and inserting ``national multimodal freight policy 
        goals and activities described in subtitle IX of title 49'';
            (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively; and
            (3) by inserting after paragraph (3) the following:
            ``(4) reduction of greenhouse gas emissions and mitigation 
        of the effects of climate change;''.
    (c) General Authorities and Requirements.--Section 515(h) of title 
23, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) by striking ``20 members'' and inserting ``25 
                members'';
                    (B) in subparagraph (A) by striking ``State highway 
                department'' and inserting ``State department of 
                transportation'';
                    (C) in subparagraph (B) by striking ``local highway 
                department'' and inserting ``local department of 
                transportation'';
                    (D) by striking subparagraphs (E), (F), (G), (H), 
                (I), and (J) and inserting the following:
                    ``(E) a private sector representative of the 
                intelligent transportation systems industry;
                    ``(F) a representative from an advocacy group 
                concerned with safety, including bicycle and pedestrian 
                interests;
                    ``(G) a representative from a labor organization; 
                and'';
                    (E) by redesignating subparagraph (K) as 
                subparagraph (H); and
                    (F) by striking subparagraph (L);
            (2) in paragraph (3)--
                    (A) in subparagraph (A) by striking ``section 508'' 
                and inserting ``section 6503 of title 49'';
                    (B) in subparagraph (B)--
                            (i) in clause (ii)--
                                    (I) by inserting ``in both urban 
                                and rural areas'' after ``by users''; 
                                and
                                    (II) by striking ``; and'' and 
                                inserting a semicolon;
                            (ii) in clause (iii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iv) assess how Federal transportation 
                        resources, including programs under this title, 
                        are being used to advance intelligent 
                        transportation systems.''; and
                    (C) by adding at the end the following:
                    ``(C) Convene not less frequently than twice each 
                year, either in person or remotely.'';
            (3) in paragraph (4) by striking ``May 1'' and inserting 
        ``April 1''; and
            (4) in paragraph (5) by inserting ``, except that section 
        14 of such Act shall not apply'' before the period at the end.
    (d) Research and Development.--Section 516(a) of title 23, United 
States Code, is amended by inserting ``including through grants to 
entities or groups of entities, such as institutions of higher 
education,'' after ``research and development,''.
    (e) Research and Development Priority Areas.--Section 516(b) of 
title 23, United States Code, is amended--
            (1) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (6), (7), and (8), respectively;
            (2) by inserting after paragraph (4) the following:
            ``(5) demonstrate reductions in greenhouse gas 
        emissions;'';
            (3) in paragraph (7), as so redesignated, by striking ``; 
        or'' and inserting a semicolon;
            (4) in paragraph (8), as so redesignated, by striking the 
        period and inserting a semicolon; and
            (5) by adding at the end the following:
            ``(9) integrate existing observational networks and data 
        management systems for road weather applications; or
            ``(10) facilitate the interconnectivity of data and 
        information technology systems across different observational 
        networks and different users.''.

SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION 
              CLEARINGHOUSE.

    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is further amended by adding at the end the following:
``Sec. 5507. National highly automated vehicle and mobility innovation 
              clearinghouse
    ``(a) In General.--The Secretary shall make a grant to an 
institution of higher education engaged in research on the secondary 
impacts of highly automated vehicles and mobility innovation to--
            ``(1) operate a national highly automated vehicle and 
        mobility innovation clearinghouse;
            ``(2) collect, conduct, and fund research on the secondary 
        impacts of highly automated vehicles and mobility innovation;
            ``(3) make such research available on a public website; and
            ``(4) conduct outreach and dissemination of the information 
        described in this subsection to assist communities.
    ``(b) Definitions.--In this section:
            ``(1) Highly automated vehicle.--The term `highly automated 
        vehicle' means a motor vehicle that is designed to be operated 
        by a level 3 or level 4 automated driving system for trips 
        within its operational design domain or a level 5 automated 
        driving system for all trips according to the recommended 
        standards published in April 2021, by the Society of Automotive 
        Engineers International (J3016l9 202104) or, when adopted, 
        equivalent standards established by the Secretary under chapter 
        301 of title 49, United States Code, with respect to automated 
        motor vehicles.
            ``(2) Mobility innovation.--The term `mobility innovation' 
        means an activity described in section 5316, including mobility 
        on demand and mobility as a service (as such terms are defined 
        in such section).
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(4) Secondary impacts.--The term `secondary impacts' 
        means the impacts on land use, urban design, transportation 
        systems, real estate, accessibility, municipal budgets, social 
        equity, availability and quality of jobs, air quality and 
        climate, energy consumption, and the environment.''.
    (b) Clerical Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5506, as added by this Act, the following:

``5507. National highly automated vehicle and mobility innovation 
                            clearinghouse.''.
    (c) Deadline for Clearinghouse.--The Secretary of Transportation 
shall ensure that the institution of higher education that receives the 
grant described in section 5507(a)(1) of title 49, United States Code, 
as added by subsection (a), shall establish the national highly 
automated vehicle clearinghouse described in such section not later 
than 180 days after the date of enactment of this Act.

SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTOMATED VEHICLES AND 
              ROAD USERS.

    (a) Purpose.--The purpose of this section shall be to ensure that 
the increasing deployment of automated vehicles does not jeopardize the 
safety of road users.
    (b) Study.--
            (1) Establishment.--Not later than 9 months after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        initiate a study on the ability of automated vehicles to safely 
        interact with other road users.
            (2) Contents.--In carrying out the study under paragraph 
        (1), the Secretary shall--
                    (A) examine the ability of automated vehicles to 
                safely interact with general road users, including 
                vulnerable road users;
                    (B) identify barriers to improving the safety of 
                interactions between automated vehicles and general 
                road users; and
                    (C) issue recommendations to improve the safety of 
                interactions between automated vehicles and general 
                road users, including, at a minimum--
                            (i) technology advancements with the 
                        potential to facilitate safer interactions 
                        between automated vehicles and general road 
                        users given the safety considerations in 
                        paragraph (3);
                            (ii) road user public awareness; and
                            (iii) improvements to transportation 
                        planning and road design.
            (3) Considerations.--In carrying out the study under 
        paragraph (1), the Secretary shall take into consideration 
        whether automated vehicles can safely operate within the 
        surface transportation system, including--
                    (A) the degree to which ordinary human behaviors 
                make it difficult for an automated vehicle to safely, 
                reliably predict human actions;
                    (B) unique challenges for automated vehicles in 
                urban and rural areas;
                    (C) the degree to which an automated vehicle is 
                capable of uniformly recognizing and responding to 
                individuals with disabilities and individuals of 
                different sizes, ages, races, and other varying 
                characteristics;
                    (D) for bicyclist, motorcyclist, and pedestrian 
                road users--
                            (i) the varying and non-standardized nature 
                        of bicyclist and pedestrian infrastructure in 
                        different locations;
                            (ii) the close proximity to motor vehicles 
                        within which bicyclists often operate, 
                        including riding in unprotected bike lanes and 
                        crossing lanes to make a left turn, and the 
                        risk of such close proximity; and
                            (iii) roadways that lack marked bicyclist 
                        infrastructure, particularly in midsized and 
                        rural areas, on which bicyclists often operate;
                    (E) for motorcyclist road users, the close 
                proximity to other motor vehicles within which 
                motorcyclists operate, including operating between 
                lanes of slow or stopped traffic; and
                    (F) depending on the level of automation of the 
                vehicle, the degree to which human intervention remains 
                necessary to safely operate an automated vehicle to 
                ensure the safety of general road users in 
                circumstances including--
                            (i) dangerous weather;
                            (ii) an electronic or system malfunction of 
                        the automated vehicle; and
                            (iii) a cybersecurity threat to the 
                        operation of the vehicle.
            (4) Public comment.--Before conducting the study under 
        paragraph (1), the Secretary shall provide an opportunity for 
        public comment on the study proposal.
    (c) Working Group.--
            (1) Establishment.--Not later than 6 months after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        establish a working group to assist in the development of the 
        study and recommendations under subsection (b).
            (2) Membership.--The working group established under 
        paragraph (1) shall include representation from--
                    (A) the National Highway Traffic Safety 
                Administration;
                    (B) State departments of transportation;
                    (C) local governments (other than metropolitan 
                planning organizations, as such term is defined in 
                section 134(b) of title 23, United States Code);
                    (D) transit agencies;
                    (E) metropolitan planning organizations (as such 
                term is defined in section 134(b) of title 23, United 
                States Code);
                    (F) bicycle and pedestrian safety groups;
                    (G) highway and automobile safety groups;
                    (H) truck safety groups;
                    (I) law enforcement officers and first responders;
                    (J) motor carriers and independent owner-operators;
                    (K) the road construction industry;
                    (L) labor organizations;
                    (M) academic experts on automated vehicle 
                technologies;
                    (N) manufacturers and developers of both passenger 
                and commercial automated vehicles;
                    (O) a motorcyclist rights group; and
                    (P) other industries and entities as the Secretary 
                determines appropriate.
            (3) Duties.--The working group established under paragraph 
        (1) shall assist the Secretary by, at a minimum--
                    (A) assisting in the development of the scope of 
                the study under subsection (b);
                    (B) reviewing the data and analysis from such 
                study;
                    (C) provide ongoing recommendations and feedback to 
                ensure that such study reflects the contents described 
                in paragraphs (2) and (3) of subsection (b); and
                    (D) providing input to the Secretary on 
                recommendations required under subsection (b)(2)(C).
            (4) Applicability of the federal advisory committee act.--
        The working group under this subsection shall be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.), except that 
        section 14 of such Act shall not apply.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate, and make publicly available, the study initiated under 
subsection (b), including recommendations for ensuring that automated 
vehicles safely interact with general road users.
    (e) Definitions.--In this section:
            (1) Automated vehicle.--The term ``automated vehicle'' 
        means a motor vehicle that is designed to be operated by a 
        level 3 or level 4 automated driving system for trips within 
        its operational design domain or a level 5 automated driving 
        system for all trips according to the recommended standards 
        published in April 2021, by the Society of Automotive Engineers 
        International (J3016l9 202104) or, when adopted, equivalent 
        standards established by the Secretary under chapter 301 of 
        title 49, United States Code, with respect to automated motor 
        vehicles.
            (2) General road users.--The term ``general road users'' 
        means--
                    (A) motor vehicles driven by individuals;
                    (B) bicyclists and pedestrians;
                    (C) motorcyclists;
                    (D) workers in roadside construction zones;
                    (E) emergency response vehicles, including first 
                responders;
                    (F) vehicles providing local government services, 
                including street sweepers and waste collection 
                vehicles;
                    (G) law enforcement officers;
                    (H) personnel who manually direct traffic, 
                including crossing guards;
                    (I) users of shared micromobility (including 
                bikesharing and shared scooter systems); and
                    (J) other road users that may interact with 
                automated vehicles, as determined by the Secretary of 
                Transportation.
            (3) Vulnerable road user.--The term ``vulnerable road 
        user'' has the meaning given such term in section 148(a) of 
        title 23, United States Code.

SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPORTATION TECHNOLOGY 
              COUNCIL.

    (a) In General.--Chapter 1 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 118. Nontraditional and Emerging Transportation Technology 
              Council
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a Nontraditional and Emerging Transportation Technology 
Council (hereinafter referred to as the `Council') in accordance with 
this section.
    ``(b) Membership.--
            ``(1) In general.--The Council shall be composed of the 
        following officers of the Department of Transportation:
                    ``(A) The Secretary of Transportation.
                    ``(B) The Deputy Secretary of Transportation.
                    ``(C) The Under Secretary of Transportation for 
                Policy.
                    ``(D) The General Counsel of the Department of 
                Transportation.
                    ``(E) The Chief Information Officer of the 
                Department of Transportation.
                    ``(F) The Assistant Secretary for Research and 
                Technology.
                    ``(G) The Assistant Secretary for Budget and 
                Programs.
                    ``(H) The Administrator of the Federal Aviation 
                Administration.
                    ``(I) The Administrator of the Federal Highway 
                Administration.
                    ``(J) The Administrator of the Federal Motor 
                Carrier Safety Administration.
                    ``(K) The Administrator of the Federal Railroad 
                Administration.
                    ``(L) The Administrator of the Federal Transit 
                Administration.
                    ``(M) The Administrator of the Federal Maritime 
                Administration.
                    ``(N) The Administrator of the National Highway 
                Traffic Safety Administration.
                    ``(O) The Administrator of the Pipeline and 
                Hazardous Materials Safety Administration.
            ``(2) Additional members.--The Secretary may designate 
        additional members of the Department to serve as at-large 
        members of the Council.
            ``(3) Chair and vice chair.--The Secretary may designate 
        officials to serve as the Chair and Vice Chair of the Council 
        and of any working groups of the Council.
    ``(c) Duties.--The Council shall--
            ``(1) identify and resolve any jurisdictional or regulatory 
        gaps or inconsistencies associated with nontraditional and 
        emerging transportation technologies, modes, or projects 
        pending or brought before the Department to eliminate, so far 
        as practicable, impediments to the prompt and safe deployment 
        of new and innovative transportation technology, including with 
        respect to safety regulation and oversight, environmental 
        review, and funding issues;
            ``(2) coordinate the Department's internal oversight of 
        nontraditional and emerging transportation technologies, modes, 
        or projects and engagement with external stakeholders;
            ``(3) within applicable statutory authority other than this 
        paragraph, develop and establish department-wide processes, 
        solutions, and best practices for identifying, managing and 
        resolving issues regarding emerging transportation 
        technologies, modes, or projects pending or brought before the 
        Department; and
            ``(4) carry out such additional duties as the Secretary may 
        prescribe, to the extent consistent with this title, including 
        subsections (f)(2) and (g) of section 106.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 49, 
United States Code, is amended by adding at the end the following:

``118. Nontraditional and Emerging Transportation Technology 
                            Council.''.

SEC. 5306. SURFACE TRANSPORTATION WORKFORCE RETRAINING GRANT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a program to make grants to eligible entities to develop a curriculum 
for, and establish, transportation workforce training programs in urban 
and rural areas to train, retrain, or upgrade the skills of surface 
transportation workers--
            (1) whose employment may be changed or worsened by 
        automation;
            (2) who have been separated from employment; or
            (3) who have received notice of impending employment loss 
        as a result of being replaced by the use of automated vehicles.
    (b) Eligible Entities.--The following entities shall be eligible to 
receive grants under this section:
            (1) Institutions of higher education.
            (2) Consortia of institutions of higher education.
            (3) Nonprofit organizations with a demonstrated capacity to 
        develop and provide career pathway programs through labor-
        management partnerships, pre-apprenticeships, or registered 
        apprenticeships on a nationwide basis.
            (4) Local governments.
    (c) Limitation on Awards.--An entity may only receive one grant in 
a fiscal year under this section.
    (d) Use of Funds.--
            (1) In general.--A recipient of a grant under this section 
        may only use grant amounts for developing and carrying out 
        training programs, including--
                    (A) identifying and testing new duties for existing 
                jobs impacted by the use of automated vehicles, 
                including mechanical work, diagnostic work, and fleet 
                operations management;
                    (B) educational programs, including--
                            (i) coursework or curricula through which 
                        participants may pursue a degree or 
                        certification; and
                            (ii) tuition and direct education expenses, 
                        excluding salaries, in connection with the 
                        education and training of surface 
                        transportation workers whose jobs have been 
                        affected by the use of automated vehicles; and
                    (C) employee professional development, including 
                worker training or retraining, including train-the-
                trainer programs, to upgrade the skills of surface 
                transportation workers whose jobs have been affected by 
                the use of automated vehicles.
            (2) Reporting.--A recipient of a grant under this section 
        shall report to the Secretary the following information:
                    (A) The sectors of the surface transportation 
                system from which workers are being displaced.
                    (B) The skills and professions for which workers 
                are being retrained.
                    (C) How many workers have benefitted from a grant 
                awarded under this section.
                    (D) Relevant demographic information of impacted 
                workers.
            (3) Limitation.--Funds made available under this section 
        may not be used to evaluate the effectiveness of automated 
        vehicle technologies.
    (e) Selection Criteria.--In selecting grant recipients under this 
section, the Secretary shall consider the extent to which an 
applicant--
            (1) demonstrates the capability to develop curricula and 
        provide training, provide retraining, or upgrade the skills of 
        individuals described in subsection (a);
            (2) will provide program participants with practical 
        experience and on-the-job training; and
            (3) demonstrates a commitment to carry out a surface 
        transportation workforce development program through degree-
        granting programs or programs that provide other industry-
        recognized credentials.
    (f) Federal Share.--
            (1) In general.--The Federal share of the cost of a grant 
        under this section shall be 100 percent.
            (2) Availability of funds.--For a recipient of a grant 
        under this section carrying out activities under such grant in 
        partnership with a public transportation agency that is 
        receiving funds under section 5307, 5337, or 5339 of title 49, 
        United States Code, up to 0.5 percent of amounts made available 
        under any such section may qualify as the non-Federal share 
        under paragraph (1).
    (g) Report Requirements.--Not later than 60 days after grants are 
awarded in a fiscal year under this section, the Secretary shall submit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committees on Commerce, Science, and 
Transportation, Banking, Housing, and Urban Affairs, and Environment 
and Public Works of the Senate, and make publicly available, a report 
that includes--
            (1) a list of all grant recipients for such fiscal year;
            (2) an explanation of why each recipient was chosen in 
        accordance with the selection criteria under subsection (e);
            (3) a summary of activities planned to be carried out by 
        each recipient and how such activities relate to the goals 
        established under subsection (a);
            (4) the grant amount awarded to each recipient; and
            (5) the information required to be provided to the 
        Secretary under subsection (d)(2).
    (h) Definitions.--In this section:
            (1) Automated vehicle.--The term ``automated vehicle'' 
        means a motor vehicle that is designed to be operated by a 
        level 3 or level 4 automated driving system for trips within 
        its operational design domain or a level 5 automated driving 
        system for all trips according to the recommended standards 
        published in April 2021, by the Society of Automotive Engineers 
        International (J3016l9 202104) or, when adopted, equivalent 
        standards established by the Secretary under chapter 301 of 
        title 49, United States Code, with respect to automated motor 
        vehicles.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (3) Public transportation.--The term ``public 
        transportation'' has the meaning given such term in section 
        5302 of title 49, United States Code.
            (4) Pre-apprenticeship.--The term ``pre-apprenticeship'' 
        means a training model or program that prepares individuals for 
        acceptance into a registered apprenticeship and has a 
        demonstrated partnership with one or more registered 
        apprenticeships.
            (5) Registered apprenticeship.--The term ``registered 
        apprenticeship'' means an apprenticeship program registered 
        under the Act of August 16, 1937 (29 U.S.C. 50 et seq.; 
        commonly known as the ``National Apprenticeship Act''), that 
        satisfies the requirements of parts 29 and 30 of title 29, Code 
        of Federal Regulations (as in effect on January 1, 2020).
    (i) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $50,000,000 for each of fiscal years 2023 through 2026 to carry 
        out this section.
            (2) Availability of amounts.--Amounts made available to the 
        Secretary to carry out this section shall remain available for 
        a period of 3 years after the last day of the fiscal year for 
        which the amounts are authorized.

SEC. 5307. THIRD-PARTY DATA INTEGRATION PILOT PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
and implement a pilot program (in this section referred to as the 
``program'') to leverage anonymous crowdsourced data from third-party 
entities to improve transportation management capabilities and 
efficiency on Federal-aid highways.
    (b) Goals.--The goals of the program include the utilization of 
anonymous crowdsourced data from third parties to implement integrated 
traffic management systems which leverage real-time data to provide 
dynamic and efficient traffic-flow management for purposes of--
            (1) adjusting traffic light cycle times to optimize traffic 
        management and decrease congestion;
            (2) expanding or contracting lane capacity to meet traffic 
        demand;
            (3) enhancing traveler notification of service conditions;
            (4) prioritizing high-priority vehicles such as emergency 
        response and law enforcement within the transportation system; 
        and
            (5) any other purposes which the Secretary deems an 
        appropriate use of anonymous user data.
    (c) Partnership.--In carrying out the program, the Secretary is 
authorized to enter into agreements with public and private sector 
entities to accomplish the goals listed in subsection (b).
    (d) Data Privacy and Security.--The Secretary shall ensure the 
protection of privacy for all sources of data utilized in the program, 
promoting cybersecurity to prevent hacking, spoofing, and disruption of 
connected and automated transportation systems.
    (e) Program Locations.--In carrying out the program, the Secretary 
shall initiate programs in a variety of areas, including urban, 
suburban, rural, tribal, or any other appropriate settings.
    (f) Best Practices.--Not later than 3 years after date of enactment 
of this Act, the Secretary shall publicly make available best practices 
to leverage private user data to support improved transportation 
management capabilities and efficiency, including--
            (1) legal considerations when acquiring private user data 
        for public purposes; and
            (2) protecting privacy and security of individual user 
        data.
    (g) Report.--The Secretary shall annually submit a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report detailing--
            (1) a description of the activities carried out under the 
        pilot program;
            (2) an evaluation of the effectiveness of the pilot program 
        in meeting goals descried in subsection (b);
            (3) policy recommendations to improve integration of 
        systems between public and private entities; and
            (4) a description of costs associated with equipping and 
        maintaining systems.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary to carry out the program.
    (i) Sunset.--On a date that is 5 years after the enactment of this 
Act, this program shall cease to be effective.

SEC. 5308. THIRD-PARTY DATA PLANNING INTEGRATION PILOT PROGRAM.

    (a) In General.--Not later than 180 days after enactment of this 
Act, the Secretary of Transportation shall establish and implement a 
pilot program (in this section referred to as the ``program'') to 
leverage anonymous crowdsourced data from third-party entities to 
improve transportation management capabilities and efficiency on 
Federal-aid highways.
    (b) Goals.--The goals of the program include the utilization of 
anonymous crowdsourced data from third parties to--
            (1) utilize private-user data to inform infrastructure 
        planning decisions for the purposes of--
                    (A) reducing congestion;
                    (B) decreasing miles traveled;
                    (C) increasing safety;
                    (D) improving freight efficiency;
                    (E) enhancing environmental conditions; and
                    (F) other purposes as the Secretary deems 
                necessary.
    (c) Partnership.--In carrying out the program, the Secretary is 
authorized to enter into agreements with public and private sector 
entities to accomplish the goals listed in subsection (b).
    (d) Data Privacy and Security.--The Secretary shall ensure the 
protection of privacy for all sources of data utilized in the program, 
promoting cybersecurity to prevent hacking, spoofing, and disruption of 
connected and automated transportation systems.
    (e) Program Locations.--In carrying out the program, the Secretary 
shall initiate programs in a variety of areas, including urban, 
suburban, rural, tribal, or any other appropriate settings.
    (f) Best Practices.--Not later than 3 years after date of enactment 
of this Act, the Secretary shall publicly make available best practices 
to leverage private user data to support improved transportation 
management capabilities and efficiency, including--
            (1) legal considerations when acquiring private user data 
        for public purposes; and
            (2) protecting privacy and security of individual user 
        data.
    (g) Report.--The Secretary shall annually submit a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report detailing--
            (1) a description of the activities carried out under the 
        pilot program;
            (2) an evaluation of the effectiveness of the pilot program 
        in meeting goals descried in subsection (b); and
            (3) policy recommendations to improve the implementation of 
        anonymous crowdsourced data into planning decisions.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary to carry out the program.
    (i) Sunset.--On a date that is 5 years after the enactment of this 
Act, this program shall cease to be effective.

SEC. 5309. AUTOMATED COMMERCIAL VEHICLE REPORTING.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a repository for submitting entities to submit information to the 
Secretary on operations of automated commercial motor vehicles in 
interstate commerce.
    (b) Purposes.--The purpose of this section shall be to ensure 
automated commercial motor vehicle safety and transparency in 
developing and maintaining the repository under this section.
    (c) Information Required.--
            (1) Submissions.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall develop a process 
        for submitting entities operating automated commercial motor 
        vehicles in interstate commerce to provide the following 
        information in accordance with paragraph (2):
                    (A) The name of the submitting entity responsible 
                for the operation of an automated commercial motor 
                vehicle or vehicles.
                    (B) The make, model, and weight class of such 
                vehicle or vehicles.
                    (C) The intended level of automation of such 
                vehicle or vehicles, according to the taxonomy 
                described in subsection (f)(1).
                    (D) The Department of Transportation number or 
                operating authority assigned to the submitting entity 
                described in subparagraph (A), if applicable.
                    (E) A list of States in which the operation of such 
                vehicle or vehicles will occur and a list of Federal-
                aid highways (as defined in section 101(a) of title 23, 
                United States Code) on which the operation will occur, 
                as well as total miles traveled in the previous year on 
                a biannual basis.
                    (F) Any cargo classifications or passengers to be 
                transported in such vehicle or vehicles, including 
                whether the submitting entity is transporting such 
                cargo or passengers under contract with another entity.
                    (G) Documentation of training or certifications 
                provided to any drivers, or other individuals directly 
                involved in the performance of the dynamic driving task 
                or fallback during operation of the vehicle, if any.
                    (H) Any fatigue management plans or work hour 
                limitations applicable to drivers, if any, consistent 
                with such standards of the Department regarding 
                automated commercial motor vehicle drivers.
                    (I) Law enforcement interaction plans for automated 
                commercial motor vehicles submitted to State 
                transportation agencies or State and local law 
                enforcement agencies.
                    (J) Proof of insurance coverage.
            (2) Submission and updates.--
                    (A) In general.--A submitting entity responsible 
                for the operation of an automated commercial motor 
                vehicle shall provide the information required under 
                this subsection not later than 60 days after the 
                Secretary has published the notice establishing the 
                process described in paragraph (1).
                    (B) Material change of information.--The submitting 
                entity responsible for the operation of an automated 
                commercial motor vehicle shall notify the Secretary of 
                any material changes to the information previously 
                provided pursuant to this subsection on an annual 
                basis, or on a more frequent basis specified by the 
                Secretary.
                    (C) Amendment and correction.--If a submitting 
                entity responsible for the operation of an automated 
                commercial motor vehicle submits incomplete or 
                inaccurate information pursuant to subsection (c), the 
                submitting entity shall be given an opportunity to 
                amend or correct the submission within a reasonable 
                timeframe to be established by the Secretary.
    (d) Public Availability of Information.--
            (1) In general.--The Secretary shall make available on a 
        publicly accessible website of the Department of Transportation 
        the following information on automated commercial motor 
        vehicles:
                    (A) The prevalence of planned operations of such 
                vehicles.
                    (B) The characteristics of such operations.
                    (C) The geographic location of such operations in a 
                safe manner that reflects only the most significant 
                public road or roads on which the majority of the route 
                takes place, as determined appropriate by the 
                Secretary.
            (2) Protection of information.--Any data collected under 
        subsection (c) and made publicly available pursuant to this 
        subsection shall be made available in a manner that--
                    (A) precludes the connection of the data to any 
                individual motor carrier, shipper, company, vehicle 
                manufacturer, or other submitting entity submitting 
                data;
                    (B) protects the safety, privacy, and 
                confidentiality of individuals, operators, and 
                submitting entities submitting the data; and
                    (C) protects from disclosing--
                            (i) trade secrets; and
                            (ii) information obtained from a submitting 
                        entity that is commercial or financial and 
                        privileged or confidential, in accordance with 
                        section 552(b)(4) of title 5, United States 
                        Code.
    (e) Crash Data.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall require submitting 
        entities to submit information regarding collisions which occur 
        during the operation of an automated commercial motor vehicle 
        on public roads while the vehicle's automated driving system is 
        engaged, including--
                    (A) fatalities or bodily injury to persons who, as 
                a result of the injury, immediately receive medical 
                treatment away from the scene of a collision involving 
                the automated commercial motor vehicle;
                    (B) collisions or damage to property involving an 
                automated commercial motor vehicle that results in an 
                automated commercial motor vehicle or a motor vehicle 
                being transported away from the scene by a tow truck or 
                other motor vehicle;
                    (C) a full description of how the collision or 
                damage to property occurred, including, if applicable, 
                the role of the automated driving system; and
                    (D) the mode of transportation used by any road 
                users involved in the collision, including general road 
                users, as such term is defined under section 5304 of 
                this Act.
            (2) Data availability.--The Secretary shall ensure that any 
        submitting entity submitting information under this subsection 
        that has a Department of Transportation number or operating 
        authority from the Federal Motor Carrier Safety 
        Administration--
                    (A) shall be subject to safety monitoring and 
                oversight under the Compliance, Safety, and 
                Accountability program of the Federal Motor Carrier 
                Safety Administration; and
                    (B) shall be included when the Secretary restores 
                the public availability of relevant safety data under 
                such program under section 4202(b) of this Act.
            (3) Rulemaking.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                initiate a rulemaking to define the term ``safety 
                incident'', including collisions, with respect to 
                automated commercial motor vehicle safety.
                    (B) Update.--Notwithstanding paragraph (1), the 
                Secretary shall carry out this subsection to require 
                submitting entities to submit information regarding 
                safety incidents instead of collisions upon issuing a 
                final rule under subparagraph (A).
                    (C) Voluntary reporting.--
                            (i) In general.--To support the rulemaking 
                        under this paragraph, the Secretary shall 
                        establish a mechanism through which entities 
                        may voluntarily report safety data or other 
                        information regarding automated commercial 
                        motor vehicles.
                            (ii) Use of data.--The data collected under 
                        this subparagraph may only be used to support 
                        the rulemaking under this paragraph.
                            (iii) Protection from disclosure.--Data or 
                        other information submitted under this 
                        subparagraph--
                                    (I) shall not be made publicly 
                                available; and
                                    (II) shall not be disclosed to the 
                                public by the Secretary pursuant to 
                                section 552(b)(4) of title 5, United 
                                States Code, if the data or other 
                                information is submitted to the 
                                Secretary voluntarily and is not 
                                required to be submitted to the 
                                Secretary under any other provision of 
                                law.
    (f) Definitions.--In this section:
            (1) Automated commercial motor vehicle.--The term 
        ``Automated commercial motor vehicle'' means a commercial motor 
        vehicle (as such term is defined in section 31132 of title 49, 
        United States Code) that is designed to be operated by a level 
        3 or level 4 automated driving system for trips within its 
        operational design domain or a level 5 automated driving system 
        for all trips according to the recommended taxonomy published 
        in April 2021, by the Society of Automotive Engineers 
        International (J3016_202104) or, when adopted, equivalent 
        standards established by the Secretary under chapter 301 of 
        title 49, United States Code, with respect to automated motor 
        vehicles.
            (2) Broker.--The term ``broker'' has the meaning given such 
        term under section 13102 of title 49, United States Code.
            (3) Employer.--The term ``employer'' has the meaning given 
        such term under section 31132 of title 49, United States Code.
            (4) Freight forwarder.--The term ``freight forwarder'' has 
        the meaning given such term in section 13102 of title 49, 
        United States Code.
            (5) Motor carrier.--The term ``motor carrier'' has the 
        meaning given such term in section 13102 of title 49, United 
        States Code.
            (6) Submitting entity.--The term ``submitting entity'' 
        means either--
                    (A) a motor carrier; or
                    (B) a technology company that is carrying out motor 
                carrier-related operations in interstate commerce on 
                public roads or an employer thereof, such as a motor 
                carrier, freight forwarder, or broker.
            (7) Truck platooning.--The term ``truck platooning'' means 
        a series of commercial motor vehicles traveling in a unified 
        manner with electronically coordinated braking, acceleration, 
        and steering with a driver in the lead commercial motor 
        vehicle.
    (g) Duplicative Reporting.--
            (1) In general.--The Secretary may not require duplicative 
        reporting.
            (2) Joint submissions.--Submitting entities working in 
        partnership on the same automated commercial motor vehicle 
        operational trips shall make 1 submission of the information 
        required under this section for each general route, as 
        determined appropriate by the Secretary.
            (3) Information.--In developing the reporting process 
        required under subsection (c), the Secretary shall ensure, to 
        the extent practicable, that submitting entities are not 
        required to submit information previously reported to the 
        Secretary under chapters 139 or 311 of title 49, United States 
        Code.
    (h) Savings Provision.--Nothing in this section shall add to or 
detract from any existing--
            (1) enforcement authority of the Department of 
        Transportation; or
            (2) authority to operate automated commercial motor 
        vehicles in interstate commerce on public roads.
    (i) Penalties.--An entity that violates any provision of this 
section shall be subject to civil penalties under section 521(b)(2)(B), 
of title 49, United States Code, and criminal penalties under section 
521(b)(6)(A) of such title, and any other applicable civil and criminal 
penalties, as determined by the Secretary.
    (j) Treatment.--In carrying out this section, the Secretary shall 
treat truck platooning operations the same as automated commercial 
motor vehicles.

       Subtitle D--Surface Transportation Funding Pilot Programs

SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOTS.

    Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Eligibility.--
            ``(1) Application.--To be eligible for a grant under this 
        section, a State or group of States shall submit to the 
        Secretary an application in such form and containing such 
        information as the Secretary may require.
            ``(2) Eligible projects.--The Secretary may provide grants 
        to States or a group of States under this section for the 
        following projects:
                    ``(A) State pilot projects.--
                            ``(i) In general.--A pilot project to 
                        demonstrate a user-based alternative revenue 
                        mechanism in a State.
                            ``(ii) Limitation.--If an applicant has 
                        previously been awarded a grant under this 
                        section, such applicant's proposed pilot 
                        project must be comprised of core activities or 
                        iterations not substantially similar in manner 
                        or scope to activities previously carried out 
                        by the applicant with a grant for a project 
                        under this section.
                    ``(B) State implementation projects.--A project--
                            ``(i) to implement a user-based alternative 
                        revenue mechanism that collects revenue to be 
                        expended on projects for the surface 
                        transportation system of the State; or
                            ``(ii) that demonstrates progress towards 
                        implementation of a user-based alternative 
                        revenue mechanism, with consideration for 
                        previous grants awarded to the applicant under 
                        this section.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``2 or more 
                future''; and
                    (B) by adding at the end the following:
            ``(6) To test solutions to ensure the privacy and security 
        of data collected for the purpose of implementing a user-based 
        alternative revenue mechanism.'';
            (3) in subsection (d) by striking ``to test the design, 
        acceptance, and implementation of a user-based alternative 
        revenue mechanism'' and inserting ``to test the design and 
        acceptance of, or implement, a user-based alternative revenue 
        mechanism'';
            (4) in subsection (g) by striking ``50 percent'' and 
        inserting ``80 percent'';
            (5) in subsection (i) by inserting ``and containing a 
        determination of the characteristics of the most successful 
        mechanisms with the highest potential for future widespread 
        deployment'' before the period at the end; and
            (6) by striking subsections (j) and (k) and inserting the 
        following:
    ``(j) Funding.--Of amounts made available to carry out this 
section--
            ``(1) for fiscal year 2023, $17,500,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $17,500,000 
        shall be used to carry out projects under subsection (b)(2)(B);
            ``(2) for fiscal year 2024, $15,000,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $20,000,000 
        shall be used to carry out projects under subsection (b)(2)(B);
            ``(3) for fiscal year 2025, $12,500,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $22,500,000 
        shall be used to carry out projects under subsection (b)(2)(B); 
        and
            ``(4) for fiscal year 2026, $10,000,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $25,000,000 
        shall be used to carry out projects under subsection (b)(2)(B).
    ``(k) Funding Flexibility.--Funds made available in a fiscal year 
for making grants for projects under subsection (b)(2) that are not 
obligated in such fiscal year may be made available in the following 
fiscal year for projects under such subsection or for the national 
surface transportation system funding pilot under section 5402 of the 
INVEST in America Act.''.

SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM FUNDING PILOT.

    (a) Establishment.--
            (1) In general.--The Secretary of Transportation, in 
        coordination with the Secretary of the Treasury, shall 
        establish a pilot program to demonstrate a national motor 
        vehicle per-mile user fee to restore and maintain the long-term 
        solvency of the Highway Trust Fund and achieve and maintain a 
        state of good repair in the surface transportation system.
            (2) Objectives.--The objectives of the pilot program are 
        to--
                    (A) test the design, acceptance, implementation, 
                and financial sustainability of a national per-mile 
                user fee;
                    (B) address the need for additional revenue for 
                surface transportation infrastructure and a national 
                per-mile user fee; and
                    (C) provide recommendations regarding adoption and 
                implementation of a national per-mile user fee.
    (b) Parameters.--In carrying out the pilot program established 
under subsection (a), the Secretary of Transportation, in coordination 
with the Secretary of the Treasury, shall--
            (1) provide different methods that volunteer participants 
        can choose from to track motor vehicle miles traveled;
            (2) solicit volunteer participants from all 50 States and 
        the District of Columbia;
            (3) ensure an equitable geographic distribution by 
        population among volunteer participants;
            (4) include commercial vehicles and passenger motor 
        vehicles in the pilot program; and
            (5) use components of, and information from, the States 
        selected for the State surface transportation system funding 
        pilot program under section 6020 of the FAST Act (23 U.S.C. 503 
        note).
    (c) Methods.--
            (1) Tools.--In selecting the methods described in 
        subsection (b)(1), the Secretary of Transportation shall 
        coordinate with entities that voluntarily provide to the 
        Secretary for use in the program any vehicle-miles-traveled 
        collection tools, which may include the following:
                    (A) Third-party on-board diagnostic (OBD-II) 
                devices.
                    (B) Smart phone applications.
                    (C) Telemetric data collected by automakers.
                    (D) Motor vehicle data obtained by car insurance 
                companies.
                    (E) Data from the States selected for the State 
                surface transportation system funding pilot program 
                under section 6020 of the FAST Act (23 U.S.C. 503 
                note).
                    (F) Motor vehicle data obtained from fueling 
                stations, electric vehicle charging infrastructure, or 
                alternative fueling infrastructure.
                    (G) Any other method that the Secretary considers 
                appropriate.
            (2) Coordination.--
                    (A) Selection.--The Secretary shall determine which 
                methods under paragraph (1) are selected for the pilot 
                program.
                    (B) Volunteer participants.--In a manner that the 
                Secretary considers appropriate, the Secretary shall 
                provide each selected method to each volunteer 
                participant.
    (d) Per-Mile User Fees.--For the purposes of the pilot program 
established in subsection (a), the Secretary of the Treasury shall 
establish on an annual basis--
            (1) for passenger vehicles and light trucks, a per-mile 
        user fee that is equivalent to--
                    (A) the average annual taxes imposed by sections 
                4041 and 4081 of the Internal Revenue Code of 1986 with 
                respect to gasoline or any other fuel used in a motor 
                vehicle (other than aviation gasoline or diesel fuel), 
                divided by
                    (B) the total vehicle miles traveled by passenger 
                vehicles and light trucks; and
            (2) for medium- and heavy-duty trucks, a per-mile user fee 
        that is equivalent to--
                    (A) the average annual taxes imposed by sections 
                4041 and 4081 of such Code with respect to diesel fuel, 
                divided by
                    (B) the total vehicle miles traveled by medium- and 
                heavy-duty trucks.
        Taxes shall only be taken into account under the preceding 
        sentence to the extent taken into account in determining 
        appropriations to the Highway Trust Fund under section 9503(b) 
        of such Code, and the amount so determined shall be reduced to 
        account for transfers from such fund under paragraphs (3), (4), 
        and (5) of section 9503(c) of such Code.
    (e) Volunteer Participants.--The Secretary of Transportation, in 
coordination with the Secretary of the Treasury, shall--
            (1) ensure, to the extent practicable, that an appropriate 
        number of volunteer participants participate in the pilot 
        program; and
            (2) issue policies to--
                    (A) protect the privacy of volunteer participants; 
                and
                    (B) secure the data provided by volunteer 
                participants.
    (f) Advisory Board.--
            (1) In general.--The Secretary shall establish an advisory 
        board to advise the Secretary on--
                    (A) advancing and implementing the pilot program 
                under this section;
                    (B) carrying out the public awareness campaign 
                under subsection (g); and
                    (C) developing the report under subsection (m).
            (2) Members.--The advisory board shall, at a minimum, 
        include the following entities, to be appointed by the 
        Secretary--
                    (A) State departments of transportation;
                    (B) any public or nonprofit entity that led a 
                surface transportation system funding alternatives 
                pilot project under section 6020 of the FAST Act (23 
                U.S.C. 503 note; Public Law 114-94) (as in effect on 
                the day before the date of enactment of this Act);
                    (C) representatives of the trucking industry, 
                including owner-operator independent drivers;
                    (D) data security experts with expertise in 
                personal privacy;
                    (E) academic experts on surface transportation;
                    (F) consumer advocates; and
                    (G) advocacy groups focused on equity.
    (g) Public Awareness Campaign.--
            (1) In general.--The Secretary of Transportation, with 
        guidance from the advisory board under subsection (f), may 
        carry out a public awareness campaign to increase public 
        awareness regarding a national per-mile user fee, including 
        distributing information related to the pilot program carried 
        out under this section, information from the State surface 
        transportation system funding pilot program under section 6020 
        of the FAST Act (23 U.S.C. 503 note), and information related 
        to consumer privacy.
            (2) Considerations.--In carrying out the public awareness 
        campaign under this subsection, the Secretary shall consider 
        issues unique to each State.
    (h) Revenue Collection.--The Secretary of the Treasury, in 
coordination with the Secretary of Transportation, shall establish a 
mechanism to collect per-mile user fees established under subsection 
(d) from volunteer participants. Such mechanism--
            (1) may be adjusted as needed to address technical 
        challenges; and
            (2) may allow third-party vendors to collect the per-mile 
        user fees and forward such fees to the Treasury.
    (i) Agreement.--The Secretary of Transportation may enter into an 
agreement with a volunteer participant or an owner of data or 
technologies, as describe under paragraph (c)(1) containing such terms 
and conditions as the Secretary considers necessary for participation 
in the pilot program.
    (j) Limitation.--Any revenue collected through the mechanism 
established in subsection (h) shall not be considered a toll under 
section 301 of title 23, United States Code.
    (k) Highway Trust Fund.--The Secretary of the Treasury shall ensure 
that any revenue collected under subsection (h) is deposited into the 
Highway Trust Fund.
    (l) Refund.--Not more than 45 days after the end of each calendar 
quarter in which a volunteer participant has participated in the pilot 
program, the Secretary of the Treasury shall calculate and issue an 
equivalent refund to volunteer participants for applicable Federal 
motor fuel taxes under section 4041 and section 4081 of the Internal 
Revenue Code of 1986, the applicable battery tax under section 4111 of 
such Code, or both, if applicable.
    (m) Report to Congress.--Not later than 1 year after the date on 
which volunteer participants begin participating in the pilot program, 
and each year thereafter for the duration of the pilot program, the 
Secretary of Transportation and the Secretary of the Treasury shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report that includes an analysis of--
            (1) whether the objectives described in subsection (a)(2) 
        were achieved;
            (2) how volunteer protections in subsection (e)(2) were 
        complied with;
            (3) whether per-mile user fees can maintain the long-term 
        solvency of the Highway Trust Fund and achieve and maintain a 
        state of good repair in the surface transportation system;
            (4) how the personal privacy of volunteers was maintained; 
        and
            (5) equity effects of the pilot program, including the 
        effects of the program on low-income commuters.
    (n) Information Collection.--Any survey, questionnaire, or 
interview that the Secretary determines to be necessary to carry out 
reporting requirements relating to any program assessment or evaluation 
activity under this section, including customer satisfaction 
assessments, shall not be subject to chapter 35 of title 44, United 
States Code (commonly known as the ``Paperwork Reduction Act'').
    (o) Sunset.--The pilot program established under this section shall 
expire on the date that is 4 years after the date on which volunteer 
participants begin participating in such program.
    (p) Definitions.--In this section, the following definitions apply:
            (1) Commercial vehicle.--The term ``commercial vehicle'' 
        has the meaning given the term commercial motor vehicle in 
        section 31101 of title 49, United States Code.
            (2) Highway trust fund.--The term ``Highway Trust Fund'' 
        means the Highway Trust Fund established under section 9503 of 
        the Internal Revenue Code of 1986.
            (3) Light truck.--The term ``light truck'' has the meaning 
        given the term in section 523.2 of title 49, Code of Federal 
        Regulations.
            (4) Medium- and heavy-duty truck.--The term ``medium- and 
        heavy-duty truck'' has the meaning given the term ``commercial 
        medium- and heavy-duty on-highway vehicle'' in section 32901(a) 
        of title 49, United States Code.
            (5) Per-mile user fee.--The term ``per-mile user fee'' 
        means a revenue mechanism that--
                    (A) is applied to road users operating motor 
                vehicles on the surface transportation system; and
                    (B) is based on the number of vehicle miles 
                traveled by an individual road user.
            (6) Volunteer participant.--The term ``volunteer 
        participant'' means--
                    (A) an owner or lessee of an individual private 
                motor vehicle who volunteers to participate in the 
                pilot program;
                    (B) a commercial vehicle operator who volunteers to 
                participate in the pilot program; or
                    (C) an owner of a motor vehicle fleet who 
                volunteers to participate in the pilot program.

                       Subtitle E--Miscellaneous

SEC. 5501. ERGONOMIC SEATING WORKING GROUP.

    (a) In General.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        convene a working group to examine the seating standards for 
        commercial drivers.
            (2) Members.--At a minimum, the working group shall 
        include--
                    (A) seat manufacturers;
                    (B) commercial vehicle manufacturers;
                    (C) transit vehicle manufacturers;
                    (D) labor representatives for the trucking 
                industry;
                    (E) representatives from organizations engaged in 
                collective bargaining on behalf of transit workers in 
                not fewer than three States; and
                    (F) musculoskeletal health experts.
    (b) Objectives.--The Secretary shall pursue the following 
objectives through the working group:
            (1) To identify health issues, including musculoskeletal 
        health issues, that afflict commercial drivers due to sitting 
        for long periods of time while on duty.
            (2) To identify the impact that commercial vehicle sizing, 
        design, and safety measures have on women in comparison to men, 
        and to identify designs that may improve the health and safety 
        of women drivers.
            (3) To identify research topics for further development and 
        best practices to improve seating.
            (4) To determine ways to incorporate improved seating into 
        manufacturing standards for public transit vehicles and 
        commercial vehicles.
    (c) Report.--
            (1) Submission.--Not later than 18 months after the date of 
        enactment of this Act, the working group shall submit to the 
        Secretary, the Committee on Transportation and Infrastructure 
        of the House of Representatives, and the Committee on Banking, 
        Housing, and Urban Affairs and the Committee on Commerce, 
        Science, and Transportation of the Senate a report on the 
        findings of the working group under this section and any 
        recommendations for the adoption of better ergonomic seating 
        for commercial drivers.
            (2) Publication.--Upon receipt of the report in paragraph 
        (1), the Secretary shall publish the report on a publicly 
        accessible website of the Department.
    (d) Applicability of Federal Advisory Committee Act.--The Advisory 
Committee shall be subject to the Federal Advisory Committee Act (5 
U.S.C. App.).

SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED STATES CODE.

    (a) In General.--Section 6314 of title 49, United States Code, is 
repealed.
    (b) Conforming Amendments.--
            (1) Title analysis.--The analysis for chapter 63 of title 
        49, United States Code, is amended by striking the item 
        relating to section 6314.
            (2) Section 6307.--Section 6307(b) of title 49, United 
        States Code, is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by striking ``or 
                        section 6314(b)'';
                            (ii) in subparagraph (B) by striking ``or 
                        section 6314(b)''; and
                            (iii) in subparagraph (C) by striking ``or 
                        section 6314(b)''; and
                    (B) in paragraph (2)(A) by striking ``or section 
                6314(b)''.

SEC. 5503. TRANSPORTATION WORKFORCE OUTREACH PROGRAM.

    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is further amended by adding at the end the following:
``Sec. 5508. Transportation workforce outreach program
    ``(a) In General.--The Secretary shall establish and administer a 
transportation workforce outreach program that carries out a series of 
public service announcement campaigns during fiscal years 2023 through 
2026.
    ``(b) Purpose.--The purpose of each campaign carried out under the 
program shall be to achieve the following objectives:
            ``(1) Increase awareness of career opportunities in the 
        transportation sector, including aviation pilots, safety 
        inspectors, mechanics and technicians, maritime transportation 
        workers, air traffic controllers, flight attendants, truck 
        drivers, engineers, transit workers, railroad workers, and 
        other transportation professionals.
            ``(2) Increase diversity, including race, gender, 
        ethnicity, and socioeconomic status, of professionals in the 
        transportation sector.
    ``(c) Advertising.--The Secretary may use, or authorize the use of, 
funds available to carry out the program for the development, 
production, and use of broadcast, digital, and print media advertising 
and outreach in carrying out campaigns under this section.
    ``(d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $5,000,000 for each fiscal 
years 2023 through 2026.''.
    (b) Clerical Amendment.--The table of sections for chapter 55 of 
subchapter I of title 49, United States Code, is further amended by 
inserting after the item relating to section 5507, as added by this 
Act, the following:

``5508. Transportation workforce outreach program.''.

SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.

    Section 6305 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``The Director'' and all 
        that follows to the period and inserting ``Notwithstanding 
        section 418 of the FAA Reauthorization Act of 2018 (Public Law 
        115-254), not later than 6 months after the date of enactment 
        of the INVEST in America Act, the Director shall establish and 
        consult with an advisory council on transportation 
        statistics.''; and
            (2) by striking subsection (d)(3).

SEC. 5505. GAO REVIEW OF DISCRETIONARY GRANT PROGRAMS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works, the 
Committee on Banking, Housing, and Urban Affairs, and the Committee on 
Commerce, Science, and Transportation of the Senate a review of the 
extent to which the Secretary is considering the needs of and awarding 
funding through covered discretionary grant programs to projects that 
serve--
            (1) low-income communities;
            (2) minority communities; and
            (3) populations that are underserved or have limited 
        transportation choices.
    (b) Recommendations.--The Comptroller General shall include as part 
of the review under subsection (a) recommendations to the Secretary on 
possible means to improve consideration of projects that serve the 
unique needs of communities described in subsection (a)(1).
    (c) Definition of Covered Discretionary Grant Program.--For 
purposes of this section, the term ``covered discretionary grant 
programs'' means the Projects of National and Regional Significance 
program under section 117 of title 23, the Community Transportation 
Investment Grant program under section 173 of such title, and the 
Community Climate Innovation Grant program under section 172 of such 
title.

                  TITLE VI--MULTIMODAL TRANSPORTATION

SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY.

    Section 70101(b) of title 49, United States Code, is amended--
            (1) in paragraph (2) by inserting ``in rural and urban 
        areas'' after ``freight transportation'';
            (2) in paragraph (7)--
                    (A) in subparagraph (B) by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) travel within population centers; and'';
            (3) in paragraph (9) by striking ``; and'' and inserting 
        the following: ``including--
                    ``(A) greenhouse gas emissions;
                    ``(B) local air pollution;
                    ``(C) minimizing, capturing, or treating stormwater 
                runoff or other adverse impacts to water quality; and
                    ``(D) wildlife habitat loss;'';
            (4) by redesignating paragraph (10) as paragraph (11); and
            (5) by inserting after paragraph (9) the following:
            ``(10) to decrease any adverse impact of freight 
        transportation on communities located near freight facilities 
        or freight corridors; and''.

SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN.

    Section 70102(c) of title 49, United States Code, is amended by 
striking ``shall'' and all that follows through the end and inserting 
the following: ``shall--
            ``(1) update the plan and publish the updated plan on the 
        public website of the Department of Transportation; and
            ``(2) include in the update described in paragraph (1)--
                    ``(A) each item described in subsection (b); and
                    ``(B) best practices to reduce the adverse 
                environmental impacts of freight-related--
                            ``(i) greenhouse gas emissions;
                            ``(ii) local air pollution;
                            ``(iii) stormwater runoff or other adverse 
                        impacts to water quality; and
                            ``(iv) wildlife habitat loss.''.

SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK.

    Section 70103 of title 49, United States Code, is amended--
            (1) in subsection (b)(2)(C) by striking ``of the United 
        States that have'' and inserting the following: ``of the United 
        States that--
                            ``(i) have a total annual value of cargo of 
                        at least $1,000,000,000, as identified by 
                        United States Customs and Border Protection and 
                        reported by the Bureau of the Census; or
                            ``(ii) have''; and
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``Not later than 1 
                year after the date of enactment of this section,'' and 
                inserting the following:
                    ``(A) Report to congress.--Not later than 30 days 
                after the date of enactment of the INVEST in America 
                Act, the Secretary shall submit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate a report detailing a 
                plan to designate a final National Multimodal Freight 
                Network, including a detailed summary of the resources 
                within the Office of the Secretary that will be 
                dedicated to carrying out such plan.
                    ``(B) Designation of national multimodal freight 
                network.--Not later than 60 days after the submission 
                of the report described in subparagraph (A),'';
                    (B) in paragraph (3)(C)--
                            (i) by inserting ``and metropolitan 
                        planning organizations'' after ``States''; and
                            (ii) by striking ``paragraph (4)'' and 
                        inserting ``paragraphs (4) and (5)'';
                    (C) in paragraph (4)--
                            (i) in the header by inserting ``and 
                        metropolitan planning organization'' after 
                        ``State'';
                            (ii) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                            (iii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Critical urban freight facilities and 
                corridors.--
                            ``(i) Area with a population of over 
                        500,000.--In an urbanized area with a 
                        population of 500,000 or more individuals, the 
                        representative metropolitan planning 
                        organization, in consultation with the State, 
                        may designate a freight facility or corridor 
                        within the borders of the State as a critical 
                        urban freight facility or corridor.
                            ``(ii) Area with a population of less than 
                        500,000.--In an urbanized area with a 
                        population of less than 500,000 individuals, 
                        the State, in consultation with the 
                        representative metropolitan planning 
                        organization, may designate a freight facility 
                        or corridor within the borders of the State as 
                        a critical urban freight corridor.
                            ``(iii) Designation.--A designation may be 
                        made under subparagraph (i) or (ii) if the 
                        facility or corridor is in an urbanized area, 
                        regardless of population, and such facility or 
                        corridor--
                                    ``(I) provides access to the 
                                primary highway freight system, the 
                                Interstate system, or an intermodal 
                                freight facility;
                                    ``(II) is located within a corridor 
                                of a route on the primary highway 
                                freight system and provides an 
                                alternative option important to goods 
                                movement;
                                    ``(III) serves a major freight 
                                generator, logistics center, or 
                                manufacturing and warehouse industrial 
                                land;
                                    ``(IV) connects to an international 
                                port of entry;
                                    ``(V) provides access to a 
                                significant air, rail, water, or other 
                                freight facility in the State; or
                                    ``(VI) is important to the movement 
                                of freight within the region, as 
                                determined by the metropolitan planning 
                                organization or the State.
                    ``(D) Limitation.--A State may propose additional 
                designations to the National Multimodal Freight Network 
                in the State in an amount that is--
                            ``(i) for a highway project, not more than 
                        20 percent of the total mileage designated by 
                        the Under Secretary in the State; and
                            ``(ii) for a non-highway project, using a 
                        limitation determined by the Under 
                        Secretary.''; and
                    (D) by adding at the end the following:
            ``(5) Required network components.--In designating or 
        redesignating the National Multimodal Freight Network, the 
        Under Secretary shall ensure that the National Multimodal 
        Freight Network includes the components described in subsection 
        (b)(2).''.

SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES.

    Section 70201(a) of title 49, United States Code, is amended by 
striking ``and local governments'' and inserting ``local governments, 
metropolitan planning organizations, and the departments with 
responsibility for environmental protection and air quality of the 
State''.

SEC. 6005. STATE FREIGHT PLANS.

    Section 70202(b) of title 49, United States Code, is amended--
            (1) in paragraph (3)(A) by inserting ``and urban'' after 
        ``rural'';
            (2) in paragraph (9) by striking ``; and'' and inserting a 
        semicolon;
            (3) by redesignating paragraph (10) as paragraph (12); and
            (4) by inserting after paragraph (9) the following:
            ``(10) strategies and goals to decrease freight-related--
                    ``(A) greenhouse gas emissions;
                    ``(B) local air pollution;
                    ``(C) stormwater runoff or other adverse impacts to 
                water quality; and
                    ``(D) wildlife habitat loss;
            ``(11) strategies and goals to decrease any adverse impact 
        of freight transportation on communities located near freight 
        facilities or freight corridors; and''.

SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE.

    (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Secretary of Transportation, in consultation with the 
Secretary of the Treasury and the Commissioner of the Internal Revenue 
Service, shall establish a joint task force to study the establishment 
and administration of a fee on multimodal freight surface 
transportation services.
    (b) Contents.--The study required under subsection (a) shall 
include the following:
            (1) An estimation of the revenue that a fee of up to 1 
        percent on freight transportation services would raise.
            (2) An identification of the entities that would be subject 
        to such a fee paid by the owners or suppliers of cargo.
            (3) An analysis of the administrative capacity of Federal 
        agencies and freight industry participants to collect such a 
        fee and ensure compliance with fee requirements.
            (4) Policy options to prevent avoidance of such a fee, 
        including diversion of freight services to foreign countries.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure and the Committee on Ways and 
Means of the House of Representatives and the Committee on Environment 
and Public Works and the Committee on Finance of the Senate the study 
required under subsection (a).

SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE 
              BUREAU.

    Section 116 of title 49, United States Code, is amended--
            (1) in subsection (b) by striking paragraph (1) and 
        inserting the following:
            ``(1) to provide assistance and communicate best practices 
        and financing and funding opportunities to eligible entities 
        for the programs referred to in subsection (d)(1), including 
        by--
                    ``(A) conducting proactive outreach to communities 
                located outside of metropolitan or micropolitan 
                statistical areas (as such areas are defined by the 
                Office of Management and Budget) using data from the 
                most recent decennial Census; and
                    ``(B) coordinating with the Office of Rural 
                Development of the Department of Agriculture, the 
                Office of Community Revitalization of the Environmental 
                Protection Agency, and any other agencies that provide 
                technical assistance for rural communities, as 
                determined by the Executive Director;'';
            (2) by redesignating subsection (j) as subsection (k); and
            (3) by inserting after subsection (i) the following:
    ``(j) Annual Progress Report.--Not later than 1 year after the date 
of enactment of this subsection, and annually thereafter, the Executive 
Director shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report detailing--
            ``(1) the use of funds authorized under section 605(f) of 
        title 23; and
            ``(2) the progress of the Bureau in carrying out the 
        purposes described in subsection (b).''.

  TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT

SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT.

    (a) Creditworthiness.--Section 602(a)(2) of title 23, United States 
Code, is amended--
            (1) in subparagraph (A)(iv)--
                    (A) by striking ``a rating'' and inserting ``an 
                investment grade rating''; and
                    (B) by striking ``$75,000,000'' and inserting 
                ``$150,000,000''; and
            (2) in subparagraph (B)--
                    (A) by striking ``the senior debt'' and inserting 
                ``senior debt''; and
                    (B) by striking ``credit instrument is for an 
                amount less than $75,000,000'' and inserting ``total 
                amount of other senior debt and the Federal credit 
                instrument is less than $150,000,000''.
    (b) Buy America Application.--Section 602(c)(1) of title 23, United 
States Code, is amended by striking ``of title 49'' inserting ``and 
section 22905(a) of title 49, subject to the requirements of section 
5320(o) of title 49,''.
    (c) Non-Federal Share.--Section 603(b) of title 23, United States 
Code, is amended by striking paragraph (8) and inserting the following:
            ``(8) Non-federal share.--Notwithstanding paragraph (9) and 
        section 117(j)(2), the proceeds of a secured loan under the 
        TIFIA program shall be considered to be part of the non-Federal 
        share of project costs required under this title or chapter 53 
        of title 49, if the loan is repayable from non-Federal 
        funds.''.
    (d) Exemption of Funds From TIFIA Federal Share Requirement.--
Section 603(b)(9) of title 23, United States Code, is amended by adding 
at the end the following:
                    ``(C) Territories.--Funds provided for a territory 
                under section 165(c) shall not be considered Federal 
                assistance for purposes of subparagraph (A).''.
    (e) Streamlined Application Process.--Section 603(f) of title 23, 
United States Code, is amended by adding at the end the following:
            ``(3) Additional terms for expedited decisions.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of this paragraph, the Secretary 
                shall implement an expedited decision timeline for 
                public agency borrowers seeking secured loans that 
                meet--
                            ``(i) the terms under paragraph (2); and
                            ``(ii) the additional criteria described in 
                        subparagraph (B).
                    ``(B) Additional criteria.--The additional criteria 
                referred to in subparagraph (A)(ii) are the following:
                            ``(i) The secured loan is made on terms and 
                        conditions that substantially conform to the 
                        conventional terms and conditions established 
                        by the National Surface Transportation 
                        Innovative Finance Bureau.
                            ``(ii) The secured loan is rated in the A 
                        category or higher.
                            ``(iii) The TIFIA program share of eligible 
                        project costs is 33 percent or less.
                            ``(iv) The applicant demonstrates a 
                        reasonable expectation that the contracting 
                        process for the project can commence by not 
                        later than 90 days after the date on which a 
                        Federal credit instrument is obligated for the 
                        project under the TIFIA program.
                            ``(v) The project has received a 
                        categorical exclusion, a finding of no 
                        significant impact, or a record of decision 
                        under the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.).
                    ``(C) Written notice.--The Secretary shall provide 
                to an applicant seeking a secured loan under the 
                expedited decision process under this paragraph a 
                written notice informing the applicant whether the 
                Secretary has approved or disapproved the application 
                by not later than 180 days after the date on which the 
                Secretary submits to the applicant a letter indicating 
                that the National Surface Transportation Innovative 
                Finance Bureau has commenced the creditworthiness 
                review of the project.''.
    (f) Assistance to Small Projects.--Section 605(f)(1) of title 23, 
United States Code, is amended by striking ``$2,000,000'' and inserting 
``$3,000,000''.
    (g) Administrative Funds.--Section 608(a)(5) of title 23, United 
States Code, is amended by striking ``$6,875,000'' and all that follows 
through the period and inserting ``2.5 percent for the administration 
of the TIFIA program.''.
    (h) Application Process Report.--Section 609(b)(2)(A) of title 23, 
United States Code, is amended--
            (1) in clause (iv) by striking ``and'';
            (2) in clause (v) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(vi) whether the project is located in a 
                        metropolitan statistical area, micropolitan 
                        statistical area, or neither (as such areas are 
                        defined by the Office of Management and 
                        Budget).''.
    (i) Status Reports.--Section 609 of title 23, United States Code, 
is amended by adding at the end the following:
    ``(c) Status Reports.--
            ``(1) In general.--The Secretary shall publish on the 
        website for the TIFIA program--
                    ``(A) on a monthly basis, a current status report 
                on all submitted letters of interest and applications 
                received for assistance under the TIFIA program; and
                    ``(B) on a quarterly basis, a current status report 
                on all approved applications for assistance under the 
                TIFIA program.
            ``(2) Inclusions.--Each monthly and quarterly status report 
        under paragraph (1) shall include, at a minimum, with respect 
        to each project included in the status report--
                    ``(A) the name of the party submitting the letter 
                of interest or application;
                    ``(B) the name of the project;
                    ``(C) the date on which the letter of interest or 
                application was received;
                    ``(D) the estimated project eligible costs;
                    ``(E) the type of credit assistance sought; and
                    ``(F) the anticipated fiscal year and quarter for 
                closing of the credit assistance.''.

             DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION

SEC. 8001. SHORT TITLE.

    This division may be cited as the ``Improving Hazardous Materials 
Safety Act of 2021''.

                        TITLE I--AUTHORIZATIONS

SEC. 8101. AUTHORIZATION OF APPROPRIATIONS.

    Section 5128 of title 49, United States Code, is amended--
            (1) in subsection (a) by striking paragraphs (1) through 
        (5) and inserting the following:
            ``(1) $75,000,000 for fiscal year 2022;
            ``(2) $70,000,000 for fiscal year 2023;
            ``(3) $71,000,000 for fiscal year 2024;
            ``(4) $73,000,000 for fiscal year 2025; and
            ``(5) $74,000,000 for fiscal year 2026;'';
            (2) in subsection (b)--
                    (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal years 2022 through 2026''; and
                    (B) by striking ``$21,988,000'' and inserting 
                ``$24,025,000'';
            (3) in subsection (c) by striking ``$4,000,000 for each of 
        fiscal years 2016 through 2020'' and inserting ``$5,000,000 for 
        each of fiscal years 2022 through 2026'';
            (4) in subsection (d) by striking ``$1,000,000 for each of 
        fiscal years 2016 through 2020'' and inserting ``$4,000,000 for 
        each of fiscal years 2022 through 2026'';
            (5) by redesignating subsection (e) as subsection (f); and
            (6) by inserting after subsection (d) the following:
    ``(e) Assistance With Local Emergency Responder Training Grants.--
From the Hazardous Materials Emergency Preparedness Fund established 
under section 5116(h), the Secretary may expend $1,800,000 for each of 
fiscal years 2022 through 2026 to carry out the grant program under 
section 5107(j).''.

          TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT

SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED TO LITHIUM CELLS AND 
              BATTERIES.

    (a) Repeal.--Section 828 of the FAA Modernization and Reform Act of 
2012 (49 U.S.C. 44701 note), and the item relating to such section in 
the table of contents in section 1(b) of such Act, are repealed.
    (b) Conforming Amendments.--Section 333 of the FAA Reauthorization 
Act of 2018 (49 U.S.C. 44701 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``(A) In general.--'' and 
                        all that follows through ``the Secretary'' and 
                        inserting ``The Secretary''; and
                            (ii) by striking subparagraph (B); and
                    (B) in paragraph (2) by striking ``Pursuant to 
                section 828 of the FAA Modernization and Reform Act of 
                2012 (49 U.S.C. 44701 note), the Secretary'' and 
                inserting ``The Secretary'';
            (2) by striking paragraph (4) of subsection (b); and
            (3) by striking paragraph (1) of subsection (h) and 
        inserting the following:
            ``(1) ICAO technical instructions.--The term `ICAO 
        Technical Instructions' means the International Civil Aviation 
        Organization Technical Instructions for the Safe Transport of 
        Dangerous Goods by Air.''.
    (c) Lithium Battery Safety Evaluation and Report.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator of the Pipeline and 
        Hazardous Materials Safety Administration, in coordination with 
        the Administrator of the Federal Aviation Administration, shall 
        evaluate outstanding recommendations of the National 
        Transportation Safety Board regarding transportation of lithium 
        batteries by air.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate, a report on the 
        evaluation described in paragraph (1).

SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS BY RAIL TANK CAR.

    (a) Stay of Authorization for Transportation of Liquefied Natural 
Gas by Tank Car.--
            (1) In general.--Any regulation authorizing the 
        transportation of liquefied natural gas by rail tank car issued 
        before the date of enactment of this Act shall have no force or 
        effect until--
                    (A) the Secretary of Transportation conducts the 
                evaluation, testing, and analysis required in 
                subsections (b), (c), and (d);
                    (B) the Secretary issues the report required by 
                subsection (e);
                    (C) the Comptroller General of the United States 
                completes the evaluation and report required under 
                subsection (g); and
                    (D) the Secretary issues a final rule updating the 
                regulation described in this paragraph that 
                incorporates the additional data, research, and 
                analysis required under this section.
            (2) Permit or approval.--The Secretary shall rescind any 
        special permit or approval for the transportation of liquefied 
        natural gas by rail tank car issued before the date of 
        enactment of this Act.
    (b) Evaluation.--Not later than 120 days after the date of 
enactment of this Act, the Administrator of the Pipeline and Hazardous 
Materials Safety Administration, in coordination with the Administrator 
of the Federal Railroad Administration, shall initiate an evaluation of 
the safety, security, and environmental risks of transporting liquefied 
natural gas by rail.
    (c) Testing.--In conducting the evaluation under subsection (a), 
the Administrator of the Pipeline and Hazardous Materials Safety 
shall--
            (1) perform physical testing of rail tank cars, including, 
        at a minimum, the DOT-113C120-W9 specification, to evaluate the 
        performance of such rail tank cars in the event of an accident 
        or derailment, including evaluation of the extent to which 
        design and construction features such as steel thickness and 
        valve protections prevent or mitigate the release of liquefied 
        natural gas;
            (2) analyze multiple release scenarios, including 
        derailments, front-end collisions, rear-end collisions, side-
        impact collisions, grade-crossing collisions, punctures, and 
        impact of an incendiary device, at a minimum of three speeds of 
        travel with a sufficient range of speeds to evaluate the 
        safety, security, and environmental risks posed under real-
        world operating conditions; and
            (3) examine the effects of exposure to climate conditions 
        across rail networks, including temperature, humidity, and any 
        other factors that the Administrator of the Federal Railroad 
        Administration determines could influence performance of rail 
        tank cars and components of such rail tank cars.
    (d) Other Factors To Consider.--In conducting the evaluation under 
subsection (b), the Administrator of the Pipeline and Hazardous 
Materials Safety shall evaluate the impact of a discharge of liquefied 
natural gas from a rail tank car on public safety and the environment, 
and consider--
            (1) the safety benefits of route restrictions, speed 
        restrictions, enhanced brake requirements, personnel 
        requirements, rail tank car technological requirements, and 
        other operating controls;
            (2) the inclusion of consist restrictions, including 
        limitations on the arrangement and quantity of rail tank cars 
        carrying liquefied natural gas in any given consist;
            (3) the identification of potential impact areas, and the 
        number of homes and structures potentially endangered by a 
        discharge in rural, suburban, and urban environments;
            (4) the impact of discharge on the environment, including 
        air quality impacts;
            (5) the benefits of advanced notification to the Department 
        of Transportation, State Emergency Response Commissions, and 
        Tribal Emergency Response Commissions of routes for moving 
        liquefied natural gas by rail tank car;
            (6) how first responders respond to an incident, including 
        the extent to which specialized equipment or training would be 
        required and the cost to communities for acquiring any 
        necessary equipment or training;
            (7) whether thermal radiation could occur from a discharge;
            (8) an evaluation of the rail tank car authorized by the 
        Secretary of Transportation for liquefied natural gas or 
        similar cryogenic liquids, and a determination of whether 
        specific safety enhancements or new standards are necessary to 
        ensure the safety of rail transport of liquefied natural gas; 
        and
            (9) the risks posed by the transportation of liquefied 
        natural gas by International Organization for Standardization 
        containers authorized by the Federal Railroad Administration.
    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate, and make available to the public--
            (1) a report based on the evaluation and testing conducted 
        under subsections (b) and (c), which shall include the results 
        of the evaluation and testing and recommendations for 
        mitigating or eliminating the safety, security, environmental, 
        and other risks of an accident or incident involving the 
        transportation of liquefied natural gas by rail; and
            (2) a complete list of all research related to the 
        transportation of liquefied natural gas by rail conducted by 
        the Federal Railroad Administration, the Pipeline and Hazardous 
        Materials Safety Administration, or any other entity of the 
        Federal Government since 2010 that includes, for each research 
        item--
                    (A) the title of any reports or studies produced 
                with respect to the research;
                    (B) the agency, entity, or organization performing 
                the research;
                    (C) the names of all authors and co-authors of any 
                report or study produced with respect to the research; 
                and
                    (D) the date any related report was published or is 
                expected to publish.
    (f) Data Collection.--The Administrator of the Federal Railroad 
Administration and the Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall collect any relevant data or 
records necessary to complete the evaluation required by subsection 
(b).
    (g) GAO Report.--After the evaluation required by subsection (b) 
has been completed, the Comptroller General shall conduct an 
independent evaluation to verify that the Federal Railroad 
Administration and the Pipeline and Hazardous Materials Safety 
Administration complied with the requirements of this Act, and transmit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the findings of such 
independent evaluation.
    (h) Funding.--From the amounts made available for fiscal year 2022 
under section 5128(a) of title 49, United States Code, the Secretary 
shall expend not less than $4,000,000 and not more than $6,000,000 to 
carry out the evaluation under subsection (a).

SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIREMENTS AND GRANTS.

    Section 5107 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) Assistance With Local Emergency Responder Training.--The 
Secretary shall establish a program to make grants, on a competitive 
basis, to nonprofit organizations to develop hazardous materials 
response training for emergency responders and make such training 
available electronically or in person.''.

SEC. 8204. LITHIUM BATTERY APPROVAL.

    (a) In General.--Chapter 51 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 5129. Lithium battery approval
    ``(a) Approval to Transport Certain Batteries in Commerce.--A 
person may not transport in commerce a specified lithium battery that 
is determined by the Secretary to be a high safety or security risk 
unless--
            ``(1) the manufacturer of such battery receives an approval 
        from the Secretary; and
            ``(2) the manufacture of such battery meets the 
        requirements of this section and the regulations issued under 
        subsection (d).
    ``(b) Term of Approval.--An approval granted to a manufacturer 
under this section shall not exceed 5 years.
    ``(c) Approval Process.--To receive an approval for a specified 
lithium battery under this section, a manufacturer shall--
            ``(1) allow the Secretary, or an entity designated by the 
        Secretary, to inspect the applicant's manufacturing process and 
        procedures;
            ``(2) bear the cost of any inspection carried out under 
        paragraph (1); and
            ``(3) develop and implement, with respect to the 
        manufacture of such battery--
                    ``(A) a comprehensive quality management program; 
                and
                    ``(B) appropriate product identification, marking, 
                documentation, lifespan, and tracking measures.
    ``(d) Regulations Required.--Not later than 2 years after the date 
of enactment of this section, the Secretary shall issue regulations to 
carry out this section. Such regulations shall include--
            ``(1) parameters for, and a process for receiving, an 
        approval under this section; and
            ``(2) a determination of the types of specified lithium 
        batteries that pose a high safety or security risk in 
        transport, including battery or cell type, size, and energy 
        storage capacity.
    ``(e) Specified Lithium Battery Defined.--In this section, the term 
`specified lithium battery' means--
            ``(1) a lithium ion cell or battery; or
            ``(2) a lithium metal cell or battery.''.
    (b) Clerical Amendment.--The analysis for chapter 51 of title 49, 
United States Code, is amended by adding at the end the following:

``5129. Lithium battery approval.''.

                            DIVISION D--RAIL

SEC. 9001. SHORT TITLE.

    This division may be cited as the ``Transforming Rail by 
Accelerating Investment Nationwide Act'' or the ``TRAIN Act''.

Sec. 9001. Short title.
                        TITLE I--AUTHORIZATIONS

Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion 
                            grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement 
                            grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Bridges, stations, and tunnels (BeST) grant program.
Sec. 9106. Buy America.
                        TITLE II--AMTRAK REFORMS

Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Access to recreational trails.
Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant 
                            program.
Sec. 9218. Amtrak and private cars.
Sec. 9219. Amtrak Office of Community Outreach.
Sec. 9220. Long-distance customer enhancement program.
Sec. 9221. Amtrak carbon-free and renewable energy initiatives.
               TITLE III--INTERCITY PASSENGER RAIL POLICY

Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. Interstate rail compacts.
Sec. 9305. High-speed rail updates.
Sec. 9306. State rail planning formula funds.
                     TITLE IV--COMMUTER RAIL POLICY

Sec. 9401. Surface Transportation Board mediation of trackage use 
                            requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use 
                            requests.
                          TITLE V--RAIL SAFETY

                Subtitle A--Passenger and Freight Safety

Sec. 9501. Study on safety impact of long trains.
Sec. 9502. FRA safety reporting.
Sec. 9503. Waiver notice requirements.
Sec. 9504. Notice of FRA comprehensive safety culture assessments.
Sec. 9505. FRA accident and incident investigations.
Sec. 9506. Freight train crew size safety standards.
Sec. 9507. Border crossings.
Sec. 9508. Yardmasters hours of service.
Sec. 9509. Leaking brakes.
Sec. 9510. Report on PTC system failures.
Sec. 9511. Fatigue reduction management plans.
Sec. 9512. Assault prevention and response plans.
Sec. 9513. Critical incident stress plans.
Sec. 9514. Crewmember certification and qualification.
Sec. 9515. Safety management team communication.
Sec. 9516. GAO study on reorganization of Office of Railroad Safety.
Sec. 9517. Open-top rail car public input.
Sec. 9518. New passenger service pre-revenue safety validation plan.
Sec. 9519. Safety oversight of nontraditional and emerging rail 
                            technologies.
                   Subtitle B--Grade Crossing Safety

Sec. 9551. Highway-rail grade crossing separation grants.
Sec. 9552. Rail safety public awareness grant.
Sec. 9553. Establishment of 10-minute time limit for blocking public 
                            highway-rail grade crossings.
Sec. 9554. National blocked crossing database.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Railroad trespassing enforcement grants.
Sec. 9558. Railroad trespassing suicide prevention grants.
Sec. 9559. Including railroad suicides.
Sec. 9560. Report on safety measures required for Quiet Zones.
                        TITLE VI--MISCELLANEOUS

Sec. 9601. Rail network climate change vulnerability assessment.
Sec. 9602. Advance acquisition.
Sec. 9603. University rail climate innovation grant program.
Sec. 9604. Workforce diversity and development.
Sec. 9605. Requirements for railroad freight cars entering service in 
                            United States.

                        TITLE I--AUTHORIZATIONS

SEC. 9101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Grants to Amtrak.--
            (1) Northeast corridor.--There are authorized to be 
        appropriated to the Secretary of Transportation for the use of 
        Amtrak for activities associated with the Northeast Corridor 
        the following amounts:
                    (A) For fiscal year 2022, $2,500,000,000.
                    (B) For fiscal year 2023, $2,600,000,000.
                    (C) For fiscal year 2024, $2,700,000,000.
                    (D) For fiscal year 2025, $2,800,000,000.
                    (E) For fiscal year 2026, $2,900,000,000.
            (2) National network.--There are authorized to be 
        appropriated to the Secretary for the use of Amtrak for 
        activities associated with the National Network the following 
        amounts:
                    (A) For fiscal year 2022, $3,500,000,000.
                    (B) For fiscal year 2023, $3,600,000,000.
                    (C) For fiscal year 2024, $3,700,000,000.
                    (D) For fiscal year 2025, $3,800,000,000.
                    (E) For fiscal year 2026, $3,900,000,000
    (b) Project Management Oversight.--The Secretary may withhold up to 
one-half of one percent annually from the amounts made available under 
subsection (a) for oversight.
    (c) Amtrak Common Benefit Costs for State-Supported Routes.-- For 
fiscal year 2022, if funds are made available under subsection (a)(2) 
in excess of the amounts authorized for fiscal year 2020 under section 
11101(b) of the FAST Act (Public Law 114-94), Amtrak shall use up to 
$250,000,000 of the excess funds to defray the share of operating costs 
of Amtrak's national assets (as such term is defined in section 
24320(c)(5) of title 49, United States Code) and corporate services (as 
such term is defined pursuant to section 24317(b) of title 49, United 
States Code) that is allocated to the State-supported services. After 
the update of the cost methodology policy required under section 
24712(a)(7)(B) of title 49, United States Code, is implemented, there 
are authorized to be appropriated to the Secretary for the use of 
Amtrak such sums as may be necessary for each of the fiscal years 2023 
through 2026 for the implementation of the updated policy.
    (d) State-Supported Route Committee.--Of the funds made available 
under subsection (a)(2), the Secretary may make available up to 
$4,000,000 for each fiscal year for the State-Supported Route Committee 
established under section 24712 of title 49, United States Code.
    (e) Northeast Corridor Commission.--Of the funds made available 
under subsection (a)(1), the Secretary may make available up to 
$6,000,000 for each fiscal year for the Northeast Corridor Commission 
established under section 24905 of title 49, United States Code.
    (f) Authorization of Appropriations for Amtrak Office of Inspector 
General.--There are authorized to be appropriated to the Office of 
Inspector General of Amtrak the following amounts:
            (1) For fiscal year 2022, $26,500,000.
            (2) For fiscal year 2023, $27,000,000.
            (3) For fiscal year 2024, $27,500,000.
            (4) For fiscal year 2025, $28,000,000.
            (5) For fiscal year 2026, $28,500,000.
    (g) Passenger Rail Improvement, Modernization, and Expansion 
Grants.--
            (1) There are authorized to be appropriated to the 
        Secretary to carry out section 22906 of title 49, United States 
        Code, the following amounts:
                    (A) For fiscal year 2022, $4,800,000,000.
                    (B) For fiscal year 2023, $4,900,000,000.
                    (C) For fiscal year 2024, $5,000,000,000.
                    (D) For fiscal year 2025, $5,100,000,000.
                    (E) For fiscal year 2026, $5,200,000,000.
            (2) Project management oversight.--The Secretary may 
        withhold up to 1 percent of the total amount appropriated under 
        paragraph (1) for the costs of program management oversight, 
        including providing technical assistance and project planning 
        guidance, of grants carried out under section 22906 of title 
        49, United States Code.
            (3) High-speed rail corridor planning.--The Secretary shall 
        withhold at least 4 percent of funding in paragraph (1) for the 
        purposes described in section 22906(a)(1)(B) of title 49, 
        United States Code. Any funds withheld by this paragraph that 
        remain unobligated at the end of the fiscal year following the 
        fiscal year in which such funds are made available may be used 
        for any eligible project under section 22906 of such title.
    (h) Consolidated Rail Infrastructure and Safety Improvements.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 22907 of title 49, United 
        States Code, the following amounts:
                    (A) For fiscal year 2022, $1,200,000,000.
                    (B) For fiscal year 2023, $1,300,000,000.
                    (C) For fiscal year 2024, $1,400,000,000.
                    (D) For fiscal year 2025, $1,500,000,000.
                    (E) For fiscal year 2026, $1,600,000,000.
            (2) Project management oversight.--The Secretary may 
        withhold up to 2 percent of the total amount appropriated under 
        paragraph (1) for the costs of program management oversight, 
        including providing technical assistance and project planning 
        guidance, of grants carried out under section 22907 of title 
        49, United States Code.
            (3) Rail safety public awareness.--Of the amounts made 
        available under paragraph (1), the Secretary may make available 
        up to $5,000,000 for each of fiscal years 2022 through 2026 to 
        make grants under section 22907(o) of title 49, United States 
        Code.
            (4) Railroad trespassing enforcement.--Of the amounts made 
        available under paragraph (1), the Secretary may make available 
        up to $250,000 for each of fiscal years 2022 through 2026 to 
        make grants under section 22907(p) of title 49, United States 
        Code.
            (5) Railroad trespassing suicide prevention.--Of the 
        amounts made available under paragraph (1), the Secretary may 
        make available up to $1,000,000 for each of fiscal years 2022 
        through 2026 to make grants under section 22907(q) of title 49, 
        United States Code.
    (i) Bridges, Stations, and Tunnels Grants.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 22909 of title 49, United 
        States Code, the following amounts:
                    (A) For fiscal year 2022, $4,800,000,000.
                    (B) For fiscal year 2023, $4,900,000,000.
                    (C) For fiscal year 2024, $5,000,000,000.
                    (D) For fiscal year 2025, $5,100,000,000.
                    (E) For fiscal year 2026, $5,200,000,000.
            (2) Project management oversight.--The Secretary may 
        withhold up to one half of 1 percent of the total amount 
        appropriated under paragraph (1) for the costs of program 
        management oversight, including providing technical assistance 
        and project planning guidance, of grants carried out under 
        section 22909 of title 49, United States Code.
    (j) Railroad Rehabilitation and Improvement Financing.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary for payment of credit risk premiums in accordance 
        with section 502(f)(1) of the Railroad Revitalization and 
        Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(1)) the 
        following amounts, to remain available until expended:
                    (A) For fiscal year 2022, $160,000,000.
                    (B) For fiscal year 2023, $170,000,000.
                    (C) For fiscal year 2024, $180,000,000.
                    (D) For fiscal year 2025, $190,000,000.
                    (E) For fiscal year 2026, $200,000,000.
            (2) Refund of premium.--There are authorized to be 
        appropriated to the Secretary $70,000,000 to repay the credit 
        risk premium under section 502 of the Railroad Revitalization 
        and Regulatory Reform Act of 1976 (45 U.S.C. 822) for each loan 
        in cohort 3, as defined by the memorandum to the Office of 
        Management and Budget of the Department of Transportation dated 
        November 5, 2018, with interest accrued thereon, not later than 
        60 days after the date on which all obligations attached to 
        each such loan have been satisfied. For each such loan for 
        which obligations have been satisfied as of the date of 
        enactment of this Act, the Secretary shall repay the credit 
        risk premium of each such loan, with interest accrued thereon, 
        not later than 60 days after the date of the enactment of this 
        Act.
    (k) Restoration and Enhancement Grants.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 22908 of title 49, United 
        States Code, $20,000,000 for each of fiscal years 2022 through 
        2026.
            (2) Project management oversight.--The Secretary may 
        withhold up to 1 percent from the total amounts appropriated 
        under paragraph (1) for the costs of project management 
        oversight of grants carried out under section 22908 of title 
        49, United States Code.
    (l) Grade Crossing Separation Grants.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 20171 of title 49, United 
        States Code, (as added by section 9551 of this Act) the 
        following amounts:
                    (A) For fiscal year 2022, $450,000,000.
                    (B) For fiscal year 2023, $475,000,000.
                    (C) For fiscal year 2024, $500,000,000.
                    (D) For fiscal year 2025, $525,000,000.
                    (E) For fiscal year 2026, $550,000,000.
            (2) Project management oversight.--The Secretary may 
        withhold up to 2 percent from the total amounts appropriated 
        under paragraph (1) for the costs of project management 
        oversight, including providing technical assistance and project 
        planning guidance, of grants carried out under section 20171 of 
        title 49, United States Code.
    (m) Authorization of Appropriations to the Federal Railroad 
Administration.--Section 20117 of title 49, United States Code, is 
amended to read as follows:
``Sec. 20117. Authorization of appropriations
    ``(a) Safety and Operations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary of Transportation for the operations of the 
        Federal Railroad Administration and to carry out railroad 
        safety activities authorized or delegated to the 
        Administrator--
                    ``(A) $290,500,000 for fiscal year 2022;
                    ``(B) $303,300,000 for fiscal year 2023;
                    ``(C) $316,100,000 for fiscal year 2024;
                    ``(D) $324,400,000 for fiscal year 2025; and
                    ``(E) $332,900,000 for fiscal year 2026.
            ``(2) Automated track inspection program and data 
        analysis.--From the funds made available under paragraph (1) 
        for each of fiscal years 2022 through 2026, not more than 
        $17,000,000 may be expended for the Automated Track Inspection 
        Program and data analysis related to track inspection. Such 
        funds shall remain available until expended.
            ``(3) State participation grants.--Amounts made available 
        under paragraph (1) for grants under section 20105(e) shall 
        remain available until expended.
            ``(4) Regional planning guidance.--The Secretary may 
        withhold up to $20,000,000 from the amounts made available for 
        each fiscal year under paragraph (1) to facilitate and provide 
        guidance for regional planning processes, including not more 
        than $500,000 annually for each interstate rail compact.
            ``(5) Railroad safety inspectors.--
                    ``(A) In general.--The Secretary shall ensure that 
                the number of full-time equivalent railroad safety 
                inspection personnel employed by the Office of Railroad 
                Safety of the Federal Railroad Administration does not 
                fall below the following:
                            ``(i) 379 for fiscal year 2022;
                            ``(ii) 403 for fiscal year 2023;
                            ``(iii) 422 for fiscal year 2024;
                            ``(iv) 424 for fiscal year 2025; and
                            ``(v) 426 for fiscal year 2026.
                    ``(B) Consideration.--In meeting the minimum 
                railroad safety inspector levels under subparagraph 
                (A), the Secretary shall consider the ability of 
                railroad safety inspectors to analyze railroad safety 
                data.
                    ``(C) Funding.--From the amounts made available to 
                the Secretary under subsection (a)(1), the Secretary 
                shall use the following amounts to carry out 
                subparagraph (A):
                            ``(i) $3,244,104 for fiscal year 2022.
                            ``(ii) $6,488,208 for fiscal year 2023.
                            ``(iii) $9,056,457 for fiscal year 2024.
                            ``(iv) $9,326,799 for fiscal year 2025.
                            ``(v) $9,597,141 for fiscal year 2026.
            ``(6) Other safety personnel.--
                    ``(A) Increase in number of support employees.--The 
                Secretary shall, for each of fiscal years 2022 and 
                2023, increase by 10 the total number of full-time 
                equivalent employees working as specialists, engineers, 
                or analysts in the field supporting inspectors compared 
                to the number of such employees employed in the 
                previous fiscal year.
                    ``(B) Funding.--From the amounts made available to 
                the Secretary under subsection (a)(1), the Secretary 
                shall use the following amounts to carry out 
                subparagraph (A):
                            ``(i) $1,631,380 for fiscal year 2022.
                            ``(ii) $3,262,760 for fiscal year 2023.
                            ``(iii) $3,262,760 for fiscal year 2024.
                            ``(iv) $3,262,760 for fiscal year 2025.
                            ``(v) $3,262,760 for fiscal year 2026.
    ``(b) Railroad Research and Development.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of 
        Transportation for necessary expenses for carrying out railroad 
        research and development activities the following amounts which 
        shall remain available until expended:
                    ``(A) $67,000,000 for fiscal year 2022.
                    ``(B) $69,000,000 for fiscal year 2023.
                    ``(C) $71,000,000 for fiscal year 2024.
                    ``(D) $73,000,000 for fiscal year 2025.
                    ``(E) $75,000,000 for fiscal year 2026.
            ``(2) Short line safety.--From funds made available under 
        paragraph (1) for each of fiscal years 2022 through 2026, the 
        Secretary may expend not more than $4,000,000--
                    ``(A) for grants to improve safety practices and 
                training for Class II and Class III freight, commuter, 
                and intercity passenger railroads; and
                    ``(B) to develop safety management systems for 
                Class II and Class III freight, commuter, and intercity 
                passenger railroads through the continued development 
                of safety culture assessments, transportation emergency 
                response plans, training and education, outreach 
                activities, best practices for trespassing prevention 
                and employee trauma response, and technical assistance.
            ``(3) University rail climate innovation grant program.--Of 
        the amounts made available under paragraph (1), the Secretary 
        may make available up to $20,000,000 for each of fiscal years 
        2022 through 2026 to make grants under section 22912.
            ``(4) Suicide prevention research funding.--From funds made 
        available under paragraph (1) for each of fiscal years 2022 
        through 2026, the Secretary may make available not less than 
        $1,000,000 for human factors research undertaken by the Federal 
        Railroad Administration, including suicide countermeasure 
        evaluation, data exploration and quality improvement, and other 
        initiatives as appropriate.''.
    (n) Limitation on Financial Assistance for State-Owned 
Enterprises.--
            (1) In general.--Funds provided under this section and the 
        amendments made by this section may not be used in awarding a 
        contract, subcontract, grant, or loan to an entity that is 
        owned or controlled by, is a subsidiary of, or is otherwise 
        related legally or financially to a corporation based in a 
        country that--
                    (A) is identified as a nonmarket economy country 
                (as defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of enactment 
                of this Act;
                    (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                    (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
            (2) Exception.--For purposes of paragraph (1), the term 
        ``otherwise related legally or financially'' does not include a 
        minority relationship or investment.
            (3) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under international agreements.
    (o) Rail Trust Fund.--
            (1) In general.--
                    (A) Funding.--Beginning on the date on which a rail 
                trust fund is established, any amounts made available 
                under subsections (a), (g), (h), (i), (j)(1), (k), and 
                (l) shall be derived from such fund.
                    (B) Rail trust fund defined.--In this subsection, 
                the term ``rail trust fund'' means a trust fund 
                established under the Internal Revenue Code of 1986 for 
                making certain expenditures for the benefit of rail and 
                for crediting certain taxes and penalties collected 
                relating to rail.
            (2) Sense of committee on need for rail trust fund.--The 
        following is the sense of the Committee on Transportation and 
        Infrastructure of the House of Representatives:
                    (A) There is a discrepancy in historical Federal 
                investment between highways, aviation, and intercity 
                passenger rail. Between 1949 and 2017, the Federal 
                Government invested more than $2 trillion in our 
                nation's highways and over $777 billion in aviation. 
                The Federal Government has invested $96 billion in 
                intercity passenger rail, beginning in 1971 with the 
                creation of the National Railroad Passenger 
                Corporation. Intercity passenger rail Federal 
                investment is only 12 percent of Federal aviation 
                investment and less than 5 percent of Federal highway 
                investment.
                    (B) Congress has recognized the value and 
                importance of a predictable, dedicated funding source 
                through a trust fund for all other modes of 
                transportation including for aviation, highways, 
                transit, and waterways. The Highway Trust Fund was 
                created in 1956. The Airport and Aviation Trust Fund 
                was created in 1970. The Inland Waterways Trust Fund 
                was created in 1978. Mass transit was added to the 
                Highway Trust Fund in 1983. The Harbor Maintenance 
                Trust Fund was created in 1986. With regard to Federal 
                transportation investment, only intercity passenger and 
                freight rail do not have a predictable, dedicated 
                funding source through a trust fund.
                    (C) The Federal Railroad Administration has 
                identified more than $300 billion worth of investment 
                needed to develop both high-speed and higher speed 
                intercity passenger rail corridors around the United 
                States. In addition, a Federal Railroad Administration 
                report from 2014 found that shortline and regional 
                railroads need $7 billion of investment. The federally 
                owned Northeast Corridor has a $40 billion state of 
                good repair backlog.
                    (D) A rail trust fund would provide a predictable, 
                dedicated funding source to high-speed and intercity 
                passenger rail projects and for the public benefits of 
                shortline and regional railroad freight rail projects. 
                A trust fund provides essential longer term funding 
                certainty to allow the United States to develop quality 
                intercity passenger rail service in corridors across 
                the country, eliminate the state of good repair backlog 
                on the Northeast Corridor, allow for accessible 
                equipment and stations for passengers with 
                disabilities, move more freight on rail, redevelop an 
                American passenger rail car manufacturing base, create 
                good paying, middle class jobs, and reduce our nation's 
                transportation carbon emissions.

SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZATION, AND EXPANSION 
              GRANTS.

    (a) In General.--Section 22906 of title 49, United States Code, is 
amended to read as follows:
``Sec. 22906. Passenger rail improvement, modernization, and expansion 
              grants
    ``(a) In General.--
            ``(1) Establishment.--The Secretary of Transportation shall 
        establish a program to make grants to eligible applicants for--
                    ``(A) capital projects that--
                            ``(i) provide high-speed rail or intercity 
                        rail passenger transportation;
                            ``(ii) improve high-speed rail or intercity 
                        rail passenger performance, including 
                        congestion mitigation, reliability 
                        improvements, achievement of on-time 
                        performance standards established under section 
                        207 of the Rail Safety Improvement Act of 2008 
                        (49 U.S.C. 24101 note), reduced trip times, 
                        increased train frequencies, higher operating 
                        speeds, electrification, and other 
                        improvements, as determined by the Secretary; 
                        and
                            ``(iii) expand or establish high-speed rail 
                        or intercity rail passenger transportation and 
                        facilities; or
                    ``(B) corridor planning activities for high-speed 
                rail described in section 26101(b).
            ``(2) Purposes.--Grants under this section shall be for 
        projects that improve mobility, operational performance, or 
        growth of high-speed rail or intercity rail passenger 
        transportation.
    ``(b) Definitions.--In this section:
            ``(1) Eligible applicant.--The term `eligible applicant' 
        means--
                    ``(A) a State;
                    ``(B) a group of States;
                    ``(C) an Interstate Compact;
                    ``(D) a public agency or publicly chartered 
                authority established by 1 or more States;
                    ``(E) a political subdivision of a State;
                    ``(F) Amtrak, acting on its own behalf or under a 
                cooperative agreement with 1 or more States; or
                    ``(G) an Indian Tribe.
            ``(2) Capital project.--The term `capital project' means--
                    ``(A) a project or program for acquiring, 
                constructing, or improving--
                            ``(i) passenger rolling stock;
                            ``(ii) infrastructure assets, including 
                        tunnels, bridges, stations, track and track 
                        structures, communication and signalization 
                        improvements; and
                            ``(iii) a facility of use in or for the 
                        primary benefit of high-speed or intercity rail 
                        passenger transportation;
                    ``(B) project planning, development, design, 
                engineering, location surveying, mapping, environmental 
                analysis or studies;
                    ``(C) acquiring right-of-way or payments for rail 
                trackage rights agreements;
                    ``(D) making highway-rail grade crossing 
                improvements related to high-speed rail or intercity 
                rail passenger transportation service;
                    ``(E) electrification;
                    ``(F) mitigating environmental impacts; or
                    ``(G) a project relating to other assets determined 
                appropriate by the Secretary.
            ``(3) Intercity rail passenger transportation.--The term 
        `intercity rail passenger transportation' has the meaning given 
        such term in section 24102.
            ``(4) High-speed rail.--The term `high-speed rail' has the 
        meaning given such term in section 26105.
            ``(5) State.--The term `State' means each of the 50 States 
        and the District of Columbia.
            ``(6) Socially disadvantaged individuals.--The term 
        `socially disadvantaged individuals' has the meaning given the 
        term `socially and economically disadvantaged individuals' in 
        section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
    ``(c) Project Requirements.--
            ``(1) Requirements.--To be eligible for a grant under this 
        section, an eligible applicant shall demonstrate that such 
        applicant has or will have--
                    ``(A) the legal, financial, and technical capacity 
                to carry out the project;
                    ``(B) satisfactory continuing control over the use 
                of the equipment or facilities that are the subject of 
                the project; and
                    ``(C) an agreement in place for maintenance of such 
                equipment or facilities.
            ``(2) High-speed rail requirements.--
                    ``(A) Corridor planning activities.--
                Notwithstanding paragraph (1), the Secretary shall 
                evaluate projects described in subsection (a)(1)(B) 
                based on the criteria under section 26101(c).
                    ``(B) High-speed rail project requirements.--To be 
                eligible for a grant for a high-speed rail project, an 
                eligible applicant shall demonstrate compliance with 
                section 26106(e)(2)(A).
    ``(d) Project Selection Criteria.--
            ``(1) Priority.--In selecting a project for a grant under 
        this section, the Secretary shall give preference to projects 
        that--
                    ``(A) are supported by multiple States or are 
                included in a multi-state regional plan or planning 
                process;
                    ``(B) achieve environmental benefits such as a 
                reduction in greenhouse gas emissions or an improvement 
                in local air quality; or
                    ``(C) improve service to and investment in socially 
                disadvantaged individuals.
            ``(2) Additional considerations.--In selecting an applicant 
        for a grant under this section, the Secretary shall consider--
                    ``(A) the proposed project's anticipated 
                improvements to high-speed rail or intercity rail 
                passenger transportation, including anticipated public 
                benefits on the--
                            ``(i) effects on system and service 
                        performance;
                            ``(ii) effects on safety, competitiveness, 
                        reliability, trip or transit time, and 
                        resilience;
                            ``(iii) overall transportation system, 
                        including efficiencies from improved 
                        integration with other modes of transportation 
                        or benefits associated with achieving modal 
                        shifts;
                            ``(iv) ability to meet existing, 
                        anticipated, or induced passenger or service 
                        demand; and
                            ``(v) projected effects on regional and 
                        local economies along the corridor, including 
                        increased competitiveness, productivity, 
                        efficiency, and economic development;
                    ``(B) the eligible applicant's past performance in 
                developing and delivering similar projects;
                    ``(C) if applicable, the consistency of the project 
                with planning guidance and documents set forth by the 
                Secretary or required by law; and
                    ``(D) if applicable, agreements between all 
                stakeholders necessary for the successful delivery of 
                the project.
            ``(3) Additional screening for high-speed rail.--In 
        selecting an applicant for a grant under this section, for 
        high-speed rail projects, the Secretary shall, in addition to 
        the application of paragraphs (1) and (2), apply the selection 
        and consideration criteria described in subparagraphs (B) and 
        (C) of section 26106(e)(2).
    ``(e) Federal Share of Total Project Costs.--
            ``(1) Total project cost estimate.--The Secretary shall 
        estimate the total cost of a project under this section based 
        on the best available information, including engineering 
        studies, studies of economic feasibility, environmental 
        analyses, and information on the expected use of equipment or 
        facilities.
            ``(2) Federal share.--The Federal share of total project 
        costs under this section shall not exceed 90 percent.
            ``(3) Treatment of revenue.--Applicants may use ticket and 
        other revenues generated from operations and other sources to 
        satisfy the non-Federal share requirements.
    ``(f) Letters of Intent.--
            ``(1) In general.--The Secretary shall, to the maximum 
        extent practicable, issue a letter of intent to a recipient of 
        a grant under this section that--
                    ``(A) announces an intention to obligate, for a 
                project under this section, an amount that is not more 
                than the amount stipulated as the financial 
                participation of the Secretary in the project, 
                regardless of authorized amounts; and
                    ``(B) states that the contingent commitment--
                            ``(i) is not an obligation of the Federal 
                        Government; and
                            ``(ii) is subject to the availability of 
                        appropriations for grants under this section 
                        and subject to Federal laws in force or enacted 
                        after the date of the contingent commitment.
            ``(2) Congressional notification.--
                    ``(A) In general.--Not later than 3 days before 
                issuing a letter of intent under paragraph (1), the 
                Secretary shall submit written notification to--
                            ``(i) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                            ``(ii) the Committee on Appropriations of 
                        the House of Representatives;
                            ``(iii) the Committee on Appropriations of 
                        the Senate; and
                            ``(iv) the Committee on Commerce, Science, 
                        and Transportation of the Senate.
                    ``(B) Contents.--The notification submitted under 
                subparagraph (A) shall include--
                            ``(i) a copy of the letter of intent;
                            ``(ii) the criteria used under subsection 
                        (d) for selecting the project for a grant; and
                            ``(iii) a description of how the project 
                        meets such criteria.
    ``(g) Appropriations Required.--An obligation may be made under 
this section only when amounts are appropriated for such purpose.
    ``(h) Availability.--Amounts made available to carry out this 
section shall remain available until expended.
    ``(i) Grant Conditions.--Except as specifically provided in this 
section, the use of any amounts appropriated for grants under this 
section shall be subject to the grant conditions under section 22905, 
except that the domestic buying preferences of section 24305(f) shall 
apply to Amtrak in lieu of the requirements of section 22905(a).''.
    (b) Clerical Amendment.--The item relating to section 22906 in the 
analysis for chapter 229 of title 49, United States Code, is amended to 
read as follows:

``22906. Passenger rail improvement, modernization, and expansion 
                            grants.''.

SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENT 
              GRANTS.

    Section 22907 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``The following'' and inserting ``Except as 
                provided in subsections (o), (p), and (q), the 
                following'';
                    (B) in paragraph (1) by inserting ``or the District 
                of Columbia'' before the period;
                    (C) in paragraph (10) by striking ``transportation 
                center''; and
                    (D) by adding at the end the following:
            ``(12) A commuter authority (as such term is defined in 
        section 24102).
            ``(13) An Indian Tribe.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by inserting ``and upgrades'' 
                after ``Deployment'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) through (12) as 
                paragraphs (2) through (11), respectively;
                    (D) in paragraph (2), as so redesignated, by 
                inserting ``or safety'' after ``address congestion'';
                    (E) in paragraph (3), as so redesignated, by 
                striking ``identified by the Secretary'' and all that 
                follows through ``rail transportation'' and inserting 
                ``to improve service or facilitate ridership growth in 
                intercity rail passenger transportation or commuter 
                rail passenger transportation (as such term is defined 
                in section 24102'';
                    (F) in paragraph (4), as so redesignated, by 
                inserting ``to establish new quiet zones or'' after 
                ``engineering improvements'';
                    (G) in paragraph (9), as so redesignated, by 
                inserting ``, including for suicide prevention and 
                other rail trespassing prevention'' before the period;
            (3) in subsection (e)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--In selecting a recipient of a grant for 
        an eligible project, the Secretary shall give preference to--
                    ``(A) projects that will maximize the net benefits 
                of the funds made available for use under this section, 
                considering the cost-benefit analysis of the proposed 
                project, including anticipated private and public 
                benefits relative to the costs of the proposed project 
                and factoring in the other considerations described in 
                paragraph (2); and
                    ``(B) projects that improve service to, or provide 
                direct benefits to, socially disadvantaged individuals 
                (as defined in section 22906(b)), including relocating 
                or mitigating infrastructure that limits community 
                connectivity, including mobility, access, or economic 
                development of such individuals.''; and
                    (B) in paragraph (3) by striking ``paragraph 
                (1)(B)'' and inserting ``paragraph (1)(A)'';
            (4) in subsection (h)(2) by inserting ``, except that a 
        grant for a capital project involving zero-emission locomotive 
        technologies shall not exceed an amount in excess of 90 percent 
        of the total project costs'' before the period.
            (5) by redesignating subsections (i), (j), and (k) as 
        subsections (l), (m), and (n) respectively; and
            (6) by inserting after subsection (h) the following:
    ``(i) Large Projects.--Of the amounts made available under this 
section, at least 25 percent shall be for projects that have total 
project costs of greater than $100,000,000.
    ``(j) Commuter Rail.--
            ``(1) Administration of funds.--The amounts awarded under 
        this section for commuter rail passenger transportation 
        projects shall be transferred by the Secretary, after 
        selection, to the Federal Transit Administration for 
        administration of funds in accordance with chapter 53.
            ``(2) Grant condition.--
                    ``(A) In general.--Notwithstanding section 
                22905(f)(1) and 22907(j)(1), as a condition of 
                receiving a grant under this section that is used to 
                acquire, construct, or improve railroad right-of-way or 
                facilities, any employee covered by the Railway Labor 
                Act (45 U.S.C. 151 et seq.) and the Railroad Retirement 
                Act of 1974 (45 U.S.C. 231 et seq.) who is adversely 
                affected by actions taken in connection with the 
                project financed in whole or in part by such grant 
                shall be covered by employee protective arrangements 
                established under section 22905(e).
                    ``(B) Application of protective arrangement.--The 
                grant recipient and the successors, assigns, and 
                contractors of such recipient shall be bound by the 
                protective arrangements required under subparagraph 
                (A). Such recipient shall be responsible for the 
                implementation of such arrangement and for the 
                obligations under such arrangement, but may arrange for 
                another entity to take initial responsibility for 
                compliance with the conditions of such arrangement.
            ``(3) Application of law.--Subsection (g) of section 22905 
        shall not apply to grants awarded under this section for 
        commuter rail passenger transportation projects.
    ``(k) Definition of Capital Project.--In this section, the term 
`capital project' means a project or program for--
            ``(1) acquiring, constructing, improving, or inspecting 
        equipment, track and track structures, or a facility, expenses 
        incidental to acquisition or construction (including project-
        level planning, designing, engineering, location surveying, 
        mapping, environmental studies, and acquiring right-of-way), 
        payments for rail trackage rights agreements, highway-rail 
        grade crossing improvements, mitigating environmental impacts, 
        communication and signalization improvements, relocation 
        assistance, acquiring replacement housing sites, and acquiring, 
        constructing, relocating, and rehabilitating replacement 
        housing;
            ``(2) rehabilitating, remanufacturing, or overhauling rail 
        rolling stock and facilities;
            ``(3) costs associated with developing State or multi-State 
        regional rail plans; and
            ``(4) the first-dollar liability costs for insurance 
        related to the provision of intercity passenger rail service 
        under section 22904.''; and
            (7) by striking subsection (l).

SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.

    (a) In General.--Section 502 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by inserting 
                        ``civil works such as cuts and fills, stations, 
                        tunnels,'' after ``components of track,''; and
                            (ii) in subparagraph (D) by inserting ``, 
                        permitting,'' after ``reimburse planning''; and
                    (B) by striking paragraph (3);
            (2) by striking subsection (e)(1) and inserting the 
        following:
            ``(1) Direct loans.--The interest rate on a direct loan 
        under this section shall be not less than the yield on United 
        States Treasury securities of a similar maturity to the 
        maturity of the direct loan on the date of execution of the 
        loan agreement.'';
            (3) in subsection (f)--
                    (A) in paragraph (1) by adding ``The Secretary 
                shall only apply appropriations of budget authority to 
                cover the costs of direct loans and loan guarantees as 
                required under section 504(b)(1) of the Federal Credit 
                Reform Act of 1990 (2 U.S.C. 661c(b)(1)), including the 
                cost of a modification thereof, in whole or in part, 
                for entities described in paragraphs (1) through (3) of 
                subsection (a).'' at the end;
                    (B) in paragraph (3) by striking subparagraph (C) 
                and inserting the following:
                    ``(C) An investment-grade rating on the direct loan 
                or loan guarantee, as applicable, if the total amount 
                of the direct loan or loan guarantee is less than 
                $100,000,000.
                    ``(D) In the case of a total amount of a direct 
                loan or loan guarantee greater than $100,000,000, an 
                investment-grade rating from at least 2 rating agencies 
                on the direct loan or loan guarantee, or an investment-
                grade rating on the direct loan or loan guarantee and a 
                projection of freight or passenger demand for the 
                project based on regionally developed economic 
                forecasts, including projections of any modal diversion 
                resulting from the project.''; and
                    (C) by adding at the end the following:
            ``(5) Repayment of credit risk premiums.--The Secretary 
        shall return credit risk premiums paid, and interest accrued 
        thereon, to the original source when all obligations of a loan 
        or loan guarantee have been satisfied. This paragraph applies 
        to any project that has been granted assistance under this 
        section after the date of enactment of the TRAIN Act.''; and
            (4) by adding at the end the following:
    ``(n) Non-Federal Share.--The proceeds of a loan provided under 
this section may be used as the non-Federal share of project costs 
under this title or chapter 53 of title 49 if such loan is repayable 
from non-Federal funds.
    ``(o) Buy America.--
            ``(1) In general.--In awarding direct loans or loan 
        guarantees under this section, the Secretary shall require each 
        recipient to comply with section 22905(a) of title 49, United 
        States Code.
            ``(2) Specific compliance.--Notwithstanding paragraph (1), 
        the Secretary shall require--
                    ``(A) Amtrak to comply with section 24305(f) of 
                title 49, United States Code; and
                    ``(B) a commuter authority (as defined in section 
                24102 of title 49, United States Code) to comply with 
                section 5320 of title 49, United States Code.''.
    (b) Guidance.--Not later than 9 months after the date of enactment 
of this Act, the Secretary shall publish guidance that provides 
applicants for assistance under section 502 of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) 
information regarding the types of data, assumptions, and other factors 
typically used to calculate credit risk premiums required under 
subsection (f) of such section. Such guidance shall include information 
to help applicants understand how different factors may increase or 
decrease such credit risk premiums.

SEC. 9105. BRIDGES, STATIONS, AND TUNNELS (BEST) GRANT PROGRAM.

    (a) In General.--Chapter 229 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 22909. Bridges, stations, and tunnels (BeST) grant program
    ``(a) In General.--The Secretary of Transportation shall establish 
a program (in this section referred to as the `BeST Program') to 
provide grants to eligible entities for major capital projects included 
in the BeST Inventory established under subsection (b) for rail 
bridges, stations, and tunnels that are publicly owned or owned by 
Amtrak to enable safety, capacity, and mobility improvements.
    ``(b) Inventory.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the TRAIN Act, the Secretary shall establish, 
        and publish on the website of the Department of Transportation 
        an inventory (in this section referred to as the `BeST 
        Inventory') for publicly owned and Amtrak owned major capital 
        projects designated by the Secretary to be eligible for funding 
        under this section. The BeST Inventory shall include major 
        capital projects to acquire, refurbish, rehabilitate, or 
        replace rail bridges, stations, or tunnels and any associated 
        and co-located projects.
            ``(2) Considerations.--In selecting projects for inclusion 
        in the BeST Inventory, the Secretary shall give priority to 
        projects that provide the most benefit for intercity passenger 
        rail service in relation to projected costs and that are less 
        likely to secure all of the funding required from other 
        sources.
            ``(3) Updates to best inventory.--Every 2 years after the 
        establishment of the BeST Inventory under paragraph (1), the 
        Secretary shall update the Inventory in its annual budget 
        justification.
            ``(4) Eligibility for best inventory.--Projects included in 
        the BeST Inventory--
                    ``(A) shall be--
                            ``(i) consistent with the record of 
                        decision issued by the Federal Railroad 
                        Administration in July 2017 titled `NEC FUTURE: 
                        A Rail Investment Plan for the Northeast 
                        Corridor' (known as the `Selected 
                        Alternative');
                            ``(ii) consistent with the most recent 
                        service development plan under section 24904(a) 
                        (hereinafter in this section referred to as the 
                        `Service Development Plan'); and
                            ``(iii) located in a territory for which a 
                        cost allocation policy is maintained pursuant 
                        to section 24905(c) of such title; or
                    ``(B) shall be consistent with a multi-state 
                regional planning document equivalent to the document 
                referred to in subparagraph (A)(i) with a completed 
                Tier I environmental review of such document pursuant 
                to the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
            ``(5) Project funding sequencing.--The Secretary shall 
        determine the order of priority for projects in the BeST 
        Inventory based on projects identified in paragraph (4) and 
        project management plans as described in subsection (d). The 
        Secretary may alter the BeST Inventory as necessary if 
        applicants are not carrying out the schedule identified in the 
        Inventory.
            ``(6) Terms.--The Secretary shall ensure the BeST Inventory 
        establishes, for each project included in such Inventory--
                    ``(A) the roles and terms of participation by any 
                rail bridge, station, or tunnel owners and railroad 
                carriers in the project; and
                    ``(B) the timeline for such project that ensures 
                efficient completion of the project.
            ``(7) Special financial rules.--
                    ``(A) In general.--Projects listed in the BeST 
                Inventory may include an agreement with a commitment, 
                contingent on future amounts to be specified in law for 
                commitments under this paragraph, to obligate an 
                additional amount from future available budget 
                authority specified in law.
                    ``(B) Statement of contingent commitment.--An 
                obligation or administrative commitment under this 
                paragraph may be made only when amounts are 
                appropriated. An agreement shall state that any 
                contingent commitment is not an obligation of the 
                Federal Government, and is subject to the availability 
                of appropriations under Federal law and to Federal laws 
                in force or enacted after the date of the contingent 
                commitment.
                    ``(C) Financing costs.--Financing costs of carrying 
                out the project may be considered a cost of carrying 
                out the project under the BeST Inventory.
    ``(c) Expenditure of Funds.--
            ``(1) Application of law.--The non-Federal share for a 
        grant provided under this section shall be calculated in 
        accordance with section 24905(c) or section 24712(a)(7) if 
        either such section are applicable to the railroad territory at 
        the project location.
            ``(2) Federal share of total project costs.--The Federal 
        share for the total cost of a project under this section shall 
        be 90 percent. A recipient of funds under this section may use 
        any source of funds, including other Federal financial 
        assistance to satisfy the non-Federal funds requirement.
            ``(3) Availability of funds.--Funds made available under 
        this section shall remain available for obligation by the 
        Secretary for a period of 10 years after the last day of the 
        fiscal year for which the funds are appropriated, and remain 
        available for expenditure by the recipient of grant funds 
        without fiscal year limitation.
            ``(4) Eligible uses.--Funds made available under this 
        section may be used for projects contained in the most recent 
        BeST Inventory, including pre-construction expenses and the 
        acquisition of real property interests.
            ``(5) Funds awarded to amtrak.--Grants made to Amtrak shall 
        be provided in accordance with the requirements of section 
        24319.
            ``(6) Grant conditions.--Except as provided in this 
        section, the use of any amounts made available for grants under 
        this section shall be subject to the grant requirements in 
        section 22905.
    ``(d) Program Management.--
            ``(1) Submission of project management plans.--The 
        Secretary shall establish a process, including specifying 
        formats, methods, and procedures, for applicants to submit a 
        project management plan to the Secretary for a project in the 
        BeST Inventory. Consistent with requirements in section 22903, 
        project management plans shall--
                    ``(A) describe the schedules, management actions, 
                workforce availability, interagency agreements, 
                permitting, track outage availability, and other 
                factors that will determine the entity's ability to 
                carry out a project included in the BeST Inventory; and
                    ``(B) be updated and resubmitted in accordance with 
                this subsection every 2 years according to the schedule 
                in the most recent Service Development Plan, or 
                equivalent multi-state regional planning document with 
                a completed Tier I environmental review conducted 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
            ``(2) Northeast corridor projects.--For projects on the 
        Northeast Corridor, an applicant shall submit such project 
        management plan to the Northeast Corridor Commission. Upon 
        receipt of such plan, the Northeast Corridor Commission shall 
        submit to the Secretary an updated Service Development Plan 
        that describes the schedule and sequencing of all capital 
        projects on the Northeast Corridor, including estimates of the 
        amount each sponsor entity will need in program funding for 
        each of the next 2 fiscal years to carry out the entity's 
        projects according to the Service Development Plan.
    ``(e) Cost Methodology Policy Requirements.--
            ``(1) In general.--The Secretary shall ensure that 
        recipients of funds under this section adhere to the policies 
        established pursuant to 24905(c) or section 209 of the 
        Passenger Rail Investment and Improvement Act of 2008 (49 
        U.S.C. 24101 note), or any updates to any such cost methodology 
        policy.
            ``(2) Penalty for noncompliance.--If such recipient does 
        not maintain adherence to the policies described in paragraph 
        (1), the Secretary may withhold funds under this subsection 
        from such recipient up to the amount of the recipient's 
        shortfall, and, if the shortfall is not remedied after a 
        reasonable period, may permanently reallocate such funds to 
        other recipients.
    ``(f) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State;
                    ``(B) a group of States;
                    ``(C) an Interstate Compact;
                    ``(D) a public agency or publicly chartered 
                authority established by one or more States;
                    ``(E) a political subdivision of a State;
                    ``(F) Amtrak acting on its own behalf or in 
                partnership with 1 or more States; or
                    ``(G) any combination of the entities listed in 
                subparagraphs (A) through (F).
            ``(2) Major capital project.--The term `major capital 
        project' means a rail bridge, station, or tunnel project 
        related to intercity passenger rail service that has a total 
        project cost of at least $500,000,000.
            ``(3) Northeast corridor.--The term `Northeast Corridor' 
        has the meaning given the term in section 24904(e).
            ``(4) Publicly owned.--The term `publicly owned' means 
        major capital projects that are at least partially owned or 
        planned to be owned by the Federal Government or an eligible 
        entity.
            ``(5) Co-located project.--The term `co-located project' 
        means a capital project that is adjacent to a major capital 
        project and can be carried out during the same period.''.
    (b) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code, is amended by adding at the end the following:

``22909. Bridges, stations, and tunnels (BeST) grant program.''.

SEC. 9106. BUY AMERICA.

    Section 22905(a) of title 49, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B) by adding ``or'' at the 
                end;
                    (B) by striking subparagraph (C); and
                    (C) by redesignating subparagraph (D) as 
                subparagraph (C);
            (2) by striking paragraph (4) and inserting the following:
            ``(4)(A) If the Secretary receives a request for a waiver 
        under paragraph (2), the Secretary shall provide notice of and 
        an opportunity for public comment on the request at least 30 
        days before making a finding based on the request.
            ``(B) A notice provided under subparagraph (A) shall--
                    ``(i) include the information available to the 
                Secretary concerning the request, including whether the 
                request is being made under subparagraph (A), (B), or 
                (C) of paragraph (2); and
                    ``(ii) be provided by electronic means, including 
                on the official public website of the Department of 
                Transportation.'';
            (3) in paragraph (5)--
                    (A) by striking ``2012'' and inserting ``2020, and 
                each year thereafter''; and
                    (B) by inserting ``during the preceding fiscal 
                year'' before the period; and
            (4) by adding at the end the following:
            ``(12) The requirements of this subsection apply to all 
        contracts for a project carried out within the scope of the 
        applicable finding, determination, or decisions under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), regardless of the funding source for activities carried 
        out pursuant to such contracts, if at least 1 contract for the 
        project is funded with amounts made available to carry out a 
        provision specified in paragraph (1).''.

                        TITLE II--AMTRAK REFORMS

SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS.

    Section 24101 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``, to the extent its 
                        budget allows,''; and
                            (ii) by striking ``between crowded urban 
                        areas and in other areas of'' and inserting 
                        ``throughout'';
                    (B) in paragraph (2) by striking the period and 
                inserting ``, thereby providing additional capacity for 
                the traveling public and widespread air quality 
                benefits.'';
                    (C) in paragraph (4)--
                            (i) by striking ``greater'' and inserting 
                        ``high''; and
                            (ii) by striking ``to Amtrak to achieve a 
                        performance level sufficient to justify 
                        expending public money'' and inserting ``in 
                        order to meet the intercity passenger rail 
                        needs of the United States'';
                    (D) in paragraph (5)--
                            (i) by inserting ``intercity and'' after 
                        ``efficient''; and
                            (ii) by striking ``the energy conservation 
                        and self-sufficiency'' and inserting 
                        ``addressing climate change, energy 
                        conservation, and self-sufficiency'';
                    (E) in paragraph (6) by striking ``through its 
                subsidiary, Amtrak Commuter,''; and
                    (F) by adding at the end the following:
            ``(9) Long-distance intercity passenger rail provides 
        economic benefits to rural communities and offers intercity 
        travel opportunities where such options are often limited, 
        making long-distance intercity passenger rail an important part 
        of the national transportation system.
            ``(10) The Northeast Corridor, long-distance routes, and 
        State-supported routes are interconnected and collectively 
        provide national rail passenger transportation.
            ``(11) Investments in intercity and commuter rail passenger 
        transportation support jobs that provide a pathway to the 
        middle class.'';
            (2) in subsection (b) by striking ``The'' and all that 
        follows through ``consistent'' and inserting ``The mission of 
        Amtrak is to provide a safe, efficient, and high-quality 
        national intercity passenger rail system that is trip-time 
        competitive with other intercity travel options, consistent'';
            (3) in subsection (c)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) use its best business judgment in acting to maximize 
        the benefits of public funding;'';
                    (B) in paragraph (2)--
                            (i) by striking ``minimize Government 
                        subsidies by encouraging'' and inserting ``work 
                        with''; and
                            (ii) by striking the semicolon and 
                        inserting ``and improvements to service;'';
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) manage the passenger rail network in the interest of 
        public transportation needs, including current and future 
        Amtrak passengers;'';
                    (D) in paragraph (7) by striking ``encourage'' and 
                inserting ``work with'';
                    (E) in paragraph (11) by striking ``and'' the last 
                place it appears; and
                    (F) by striking paragraph (12) and inserting the 
                following:
            ``(12) utilize and manage resources with a long-term 
        perspective, including sound investments that take into account 
        the overall lifecycle costs of an asset;
            ``(13) ensure that service is accessible and accommodating 
        to passengers with disabilities; and
            ``(14) maximize the benefits Amtrak generates for the 
        United States by creating quality jobs and supporting the 
        domestic workforce.''; and
            (4) by striking subsection (d).

SEC. 9202. AMTRAK STATUS.

    Section 24301(a) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``20102(2)'' and inserting 
        ``20102''; and
            (2) in paragraph (2) by inserting ``serving the public 
        interest in reliable passenger rail service'' after ``for-
        profit corporation''.

SEC. 9203. BOARD OF DIRECTORS.

    (a) In General.--Section 24302 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B) by striking 
                        ``President of Amtrak'' and inserting ``Chief 
                        Executive Officer of Amtrak''; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) 8 individuals appointed by the President of 
                the United States, by and with the advice and consent 
                of the Senate, with a record of support for national 
                intercity passenger rail service. Of the individuals 
                appointed--
                            ``(i) 1 shall be a Mayor or Governor of a 
                        location served by a regularly scheduled Amtrak 
                        service on the Northeast Corridor;
                            ``(ii) 1 shall be a Mayor or Governor of a 
                        location served by a regularly scheduled Amtrak 
                        service that is not on the Northeast Corridor;
                            ``(iii) 1 shall be a representative of 
                        Amtrak employees;
                            ``(iv) 1 shall be an individual with a 
                        history of regular Amtrak ridership and an 
                        understanding of the concerns of intercity rail 
                        passengers;
                            ``(v) 1 shall be an individual with--
                                    ``(I) demonstrated experience or 
                                demonstrated interest in the Northeast 
                                Corridor and the National Network; and
                                    ``(II) industry experience or 
                                qualifications in transportation, 
                                freight and passenger rail 
                                transportation, travel, or passenger 
                                air transportation; and
                            ``(vi) 1 shall be an individual with 
                        general business and financial experience who 
                        has demonstrated experience or demonstrated 
                        interest in the Northeast Corridor and the 
                        National Network.'';
                    (B) in paragraph (2) by inserting ``users of 
                Amtrak, including the elderly and individuals with 
                disabilities, and'' after ``and balanced representation 
                of'';
                    (C) in paragraph (3)--
                            (i) by striking ``Not more than 5'' and 
                        inserting ``Not more than 4''; and
                            (ii) by adding at the end the following: 
                        ``A member of the Board appointed under clause 
                        (i) or (ii) of paragraph (1)(C) shall serve for 
                        a term of 5 years or until such member leaves 
                        the elected office such member occupied at the 
                        time such member was appointed, whichever is 
                        first.'';
                    (D) in paragraph (4) by striking ``President'' and 
                inserting ``Chief Executive Officer''; and
                    (E) by striking paragraph (5) and inserting the 
                following:
            ``(5) The Secretary and any Governor of a State may be 
        represented at a Board meeting by a designee.'';
            (2) in subsection (b)--
                    (A) by striking ``Pay and Expenses'' and inserting 
                ``Duties, Pay, and Expenses''; and
                    (B) by inserting ``Each director must consider the 
                well-being of current and future Amtrak passengers, the 
                public interest in sustainable national passenger rail 
                service, and balance the preceding considerations with 
                the fiduciary responsibilities of the director and the 
                mission and goals of Amtrak.'' before ``Each director 
                not employed by the United States Government or 
                Amtrak''; and
            (3) by adding at the end the following:
    ``(g) Governor Defined.--In this section, the term `Governor' means 
the Governor of a State or the Mayor of the District of Columbia and 
includes a designee of the Governor.''.
    (b) Timing of New Board Requirements.--The appointment and 
membership requirements under section 24302 of title 49, United States 
Code (as amended by this Act), shall apply to any member of the Board 
appointed pursuant to subsection (a)(1)(C) of such section who is 
appointed on or after the date of enactment of this Act.

SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT.

    (a) In General.--Section 24308(c) of title 49, United States Code, 
is amended by adding at the end the following: ``Notwithstanding 
section 24103(a) and section 24308(f), Amtrak shall have the right to 
bring an action for equitable or other relief in the United States 
District Court for the District of Columbia to enforce the preference 
rights granted under this subsection.''.
    (b) Conforming Amendment.--Section 24103 of title 49, United States 
Code, is amended by inserting ``and section 24308(c)'' before ``, only 
the Attorney General''.

SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES TO AMTRAK.

    Section 24308(e) of title 49, United States Code, is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1)(A) When a rail carrier does not agree to allow Amtrak 
        to operate additional trains in accordance with proposed 
        schedules over any rail line of the carrier on which Amtrak is 
        operating or seeks to operate, Amtrak may submit an application 
        to the Board for an order requiring the carrier to allow for 
        the operation of the requested trains. Not later than 90 days 
        after receipt of such application, the Board shall determine 
        whether the additional trains would unreasonably impair freight 
        transportation and--
                    ``(i) upon a determination that such trains do not 
                unreasonably impair freight transportation, order the 
                rail carrier to allow for the operation of such trains 
                on a schedule established by the Board; or
                    ``(ii) upon a determination that such trains do 
                unreasonably impair freight transportation, initiate a 
                proceeding to determine any additional infrastructure 
                investments required by, or on behalf of, Amtrak.
            ``(B) If Amtrak seeks to resume operation of a train that 
        Amtrak operated during the 5-year period preceding an 
        application described in subparagraph (A), the Board shall 
        apply a presumption that the resumed operation of such train 
        will not unreasonably impair freight transportation unless the 
        Board finds that there are substantially changed 
        circumstances.'';
            (2) in paragraph (2)--
                    (A) by striking ``The Board shall consider'' and 
                inserting ``The Board shall'';
                    (B) by striking subparagraph (A) and inserting the 
                following:
            ``(A) in making the determination under paragraph (1), take 
        into account any infrastructure investments previously made by, 
        or on behalf of, Amtrak, or proposed in Amtrak's application, 
        with the rail carrier having the burden of demonstrating that 
        the additional trains will unreasonably impair the freight 
        transportation; and''; and
                    (C) in subparagraph (B) by inserting ``consider 
                investments described in subparagraph (A) and'' after 
                ``times,''; and
            (3) by adding at the end the following:
            ``(4) In a proceeding initiated by the Board under 
        paragraph (1)(A)(ii), the Board shall solicit the views of the 
        parties and require the parties to provide any necessary data 
        or information. Not later than 180 days after the date on which 
        the Board makes a determination under paragraph (1)(A)(ii), the 
        Board shall issue an order requiring the rail carrier to allow 
        for the operation of the requested trains provided that any 
        conditions enumerated by the Board are met. In determining the 
        necessary level of additional infrastructure or other 
        investments needed to mitigate unreasonable interference, the 
        Board shall use any criteria, assumptions, and processes it 
        considers appropriate.
            ``(5) The provisions of this subsection shall be in 
        addition to any other statutory or contractual remedies Amtrak 
        may have with respect to operating the additional trains.''.

SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION.

    (a) In General.--Section 28103 of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Prohibition on Choice-of-Forum Clause.--
            ``(1) In general.--Amtrak may not impose a choice-of-forum 
        clause that attempts to preclude a passenger, or a person who 
        purchases a ticket for rail transportation on behalf of a 
        passenger, from bringing a claim against Amtrak in any court of 
        competent jurisdiction, including a court within the 
        jurisdiction of the residence of such passenger in the United 
        States (provided that Amtrak does business within that 
        jurisdiction).
            ``(2) Court of competent jurisdiction.--Under this 
        subsection, a court of competent jurisdiction may not include 
        an arbitration forum.''.
    (b) Effective Date.--This section, and the amendments made by this 
section, shall apply to any claim that arises on or after the date of 
enactment of this Act.

SEC. 9207. AMTRAK ADA ASSESSMENT.

    (a) Assessment.--Amtrak shall conduct an assessment and review of 
all Amtrak policies, procedures, protocols, and guidelines for 
compliance with the requirements of the Americans With Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.).
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, Amtrak shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of the assessment conducted under subsection (a).
    (c) Contents.--The report required under subsection (b) shall 
include--
            (1) a summary of the policies, procedures, protocols, and 
        guidelines reviewed;
            (2) any necessary changes to such policies, procedures, 
        protocols, and guidelines to ensure compliance with the 
        Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.), including full compliance under such Act for stations 
        and facilities for which Amtrak has responsibility under such 
        Act and consideration of the needs of individuals with 
        disabilities when procuring rolling stock and setting ticket 
        fares; and
            (3) an implementation plan and timeline for making any such 
        necessary changes.
    (d) Engagement.--Amtrak shall engage with a range of advocates for 
individuals with disabilities during the assessment conducted under 
subsection (a), and develop an ongoing and standardized process for 
engagement with advocates for individuals with disabilities.
    (e) Periodic Evaluation.--At least once every 2 years, Amtrak shall 
review and update, as necessary, Amtrak policies, procedures, 
protocols, and guidelines to ensure compliance with the Americans With 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24323. Prohibition on smoking on Amtrak trains
    ``(a) Prohibition.--Beginning on the date of enactment of the TRAIN 
Act, Amtrak shall prohibit smoking on board Amtrak trains.
    ``(b) Electronic Cigarettes.--
            ``(1) Inclusion.--The use of an electronic cigarette shall 
        be treated as smoking for purposes of this section.
            ``(2) Electronic cigarette defined.--In this section, the 
        term `electronic cigarette' means a device that delivers 
        nicotine or other substances to a user of the device in the 
        form of a vapor that is inhaled to simulate the experience of 
        smoking.''.
    (b) Conforming Amendment.--The analysis for chapter 243 of title 
49, United States Code, is amended by adding at the end the following:

``24323. Prohibition on smoking on Amtrak trains.''.

SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AMTRAK.

    Section 24712 of title 49, United States Code, is amended to read 
as follows:
``Sec. 24712. State-supported routes operated by Amtrak
    ``(a) State-Supported Route Committee.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the Passenger Rail Reform and Investment 
        Act of 2015, the Secretary of Transportation shall establish 
        the State-Supported Route Committee (referred to in this 
        section as the `Committee') to promote mutual cooperation and 
        planning pertaining to the current and future rail operations 
        of Amtrak and related activities of trains operated by Amtrak 
        on State-supported routes and to further implement section 209 
        of the Passenger Rail Investment and Improvement Act of 2008 
        (49 U.S.C. 24101 note).
            ``(2) Membership.--
                    ``(A) In general.--The Committee shall consist of--
                            ``(i) members representing Amtrak;
                            ``(ii) members representing the Department 
                        of Transportation, including the Federal 
                        Railroad Administration; and
                            ``(iii) members representing States.
                    ``(B) Non-voting members.--The Committee may invite 
                and accept other non-voting members to participate in 
                Committee activities, as appropriate.
            ``(3) Decisionmaking.--The Committee shall establish a bloc 
        voting system under which, at a minimum--
                    ``(A) there are 3 separate voting blocs to 
                represent the Committee's voting members, including--
                            ``(i) 1 voting bloc to represent the 
                        members described in paragraph (2)(A)(i);
                            ``(ii) 1 voting bloc to represent the 
                        members described in paragraph (2)(A)(ii); and
                            ``(iii) 1 voting bloc to represent the 
                        members described in paragraph (2)(A)(iii);
                    ``(B) each voting bloc has 1 vote;
                    ``(C) the votes of the voting bloc representing the 
                members described in paragraph (2)(A)(iii) requires the 
                support of at least two-thirds of that voting bloc's 
                members; and
                    ``(D) the Committee makes decisions by unanimous 
                consent of the 3 voting blocs.
            ``(4) Ability to conduct certain business.--If all members 
        of a voting bloc described in paragraph (3) abstain from a 
        Committee decision, agreement between the other voting blocs 
        consistent with the procedures set forth in paragraph (3) shall 
        be deemed unanimous consent.
            ``(5) Meetings; rules and procedures.--The Committee shall 
        define and periodically update the rules and procedures 
        governing the Committee's proceedings. The rules and procedures 
        shall--
                    ``(A) incorporate and further describe the 
                decisionmaking procedures to be used in accordance with 
                paragraph (3); and
                    ``(B) be adopted in accordance with such 
                decisionmaking procedures.
            ``(6) Committee decisions.--Decisions made by the Committee 
        in accordance with the Committee's rules and procedures, once 
        established, are binding on all Committee members.
            ``(7) Cost methodology policy.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Committee may amend the cost methodology policy 
                required and previously approved under section 209 of 
                the Passenger Rail Investment and Improvement Act of 
                2008 (49 U.S.C. 24101 note).
                    ``(B) Revisions to cost methodology policy.--
                            ``(i) Requirement to revise and update.--
                        Subject to the requirements of clause (iii), 
                        the Committee shall, not later than March 31, 
                        2022, update the cost methodology policy 
                        required and previously approved under section 
                        209 of the Passenger Rail Investment and 
                        Improvement Act of 2008 (49 U.S.C. 24101 note). 
                        Such update shall be consistent with the 
                        principles for revision of the Committee 
                        pursuant to such section and consistent with 
                        any subsequent changes to such principles 
                        approved by the Committee. The Committee shall 
                        implement the updated policy beginning in 
                        fiscal year 2023 and shall submit to the 
                        Committee on Transportation and Infrastructure 
                        of the House of Representatives and the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate a report 
                        documenting and explaining any changes to the 
                        policy and plans for implementation not later 
                        than 30 days after the adoption of the updated 
                        policy.
                            ``(ii) Implementation impacts on federal 
                        funding.--To the extent that a policy 
                        implemented pursuant to clause (i) assigns to 
                        Amtrak costs that were previously allocated to 
                        States, Amtrak shall request such costs in the 
                        general and legislative annual report required 
                        by section 24315 or in any appropriate 
                        subsequent Federal funding request for the 
                        fiscal year in which the revised policy is 
                        implemented.
                            ``(iii) Procedures for changing 
                        methodology.--The rules and procedures 
                        implemented under paragraph (5) shall include 
                        procedures for changing the cost methodology 
                        policy under this subparagraph, notwithstanding 
                        section 209(b) of the Passenger Rail Investment 
                        and Improvement Act (49 U.S.C. 22 24101 note), 
                        and procedures or broad guidelines for 
                        conducting financial planning, including 
                        operating and capital forecasting, reporting, 
                        and data sharing and governance.
                    ``(C) Requirements.--The cost methodology policy 
                shall--
                            ``(i) ensure equal treatment in the 
                        provision of like services of all States and 
                        groups of States;
                            ``(ii) assign to each route the costs 
                        incurred only for the benefit of that route and 
                        a proportionate share, based upon factors that 
                        reasonably reflect relative use, of costs 
                        incurred for the common benefit of more than 1 
                        route; and
                            ``(iii) promote increased efficiency in 
                        Amtrak's operating and capital activities.
    ``(b) Invoices and Reports.--
            ``(1) Monthly invoice.--Not later than April 15, 2016, and 
        monthly thereafter, Amtrak shall provide to each State that 
        sponsors a State-supported route a monthly invoice of the cost 
        of operating such route, including fixed costs and third-party 
        costs.
            ``(2) Planning and demand reports.--A State shall provide 
        to the Committee and Amtrak planning and demand reports with 
        respect to a planned or existing State-supported route.
            ``(3) Financial and performance reports.--The Committee 
        shall require Amtrak to provide to the States and the Committee 
        financial and performance reports at a frequency, and 
        containing such information, as determined appropriate by the 
        Committee.
    ``(c) Dispute Resolution.--
            ``(1) Request for dispute resolution.--If a dispute arises 
        with respect to the rules and procedures implemented under 
        subsection (a)(5), an invoice or a report provided under 
        subsection (b), implementation or compliance with the cost 
        methodology policy developed under section 209 of the Passenger 
        Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 
        note) or amended under subsection (a)(7) of this section, 
        either Amtrak or the State may request that the Surface 
        Transportation Board conduct dispute resolution under this 
        subsection.
            ``(2) Procedures.--The Surface Transportation Board shall 
        establish procedures for resolution of disputes brought before 
        it under this subsection, which may include provision of 
        professional mediation services.
            ``(3) Binding effect.--A decision of the Surface 
        Transportation Board under this subsection shall be binding on 
        the parties to the dispute.
            ``(4) Obligation.--Nothing in this subsection shall affect 
        the obligation of a State to pay an amount related to a State-
        supported route that a State sponsors that is not in dispute.
    ``(d) Assistance.--
            ``(1) In general.--The Secretary may provide assistance to 
        the parties in the course of negotiations for a contract for 
        operation of a State-supported route.
            ``(2) Financial assistance.--From among available funds, 
        the Secretary shall provide--
                    ``(A) financial assistance to Amtrak or 1 or more 
                States to perform requested independent technical 
                analysis of issues before the Committee; and
                    ``(B) administrative expenses that the Secretary 
                determines necessary.
    ``(e) Performance Metrics.--In negotiating a contract for operation 
of a State-supported route, Amtrak and the State or States that sponsor 
the route shall consider including provisions that provide penalties 
and incentives for performance, including incentives to--
            ``(1) increase revenue;
            ``(2) reduce costs;
            ``(3) finalize contracts by the beginning of the Federal 
        fiscal year; and
            ``(4) require States to promptly make payments for services 
        delivered.
    ``(f) Statement of Goals and Objectives.--
            ``(1) In general.--The Committee shall develop and annually 
        review and update, as necessary, a statement of goals, 
        objectives, and associated recommendations concerning the 
        future of State-supported routes operated by Amtrak. The 
        statement shall identify the roles and responsibilities of 
        Committee members and any other relevant entities, such as host 
        railroads, in meeting the identified goals and objectives, or 
        carrying out the recommendations. The statement shall include a 
        list of capital projects, including infrastructure, fleet, 
        station, and facility initiatives, needed to support the growth 
        of State-supported routes. The Committee may consult with such 
        relevant entities, as the Committee considers appropriate, when 
        developing the statement.
            ``(2) Transmission of statement of goals and objectives.--
        Not later than March 31 of each year, the Committee shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives the most recent annual update to the statement 
        developed under paragraph (1).
    ``(g) New or Expanded State-supported Routes.--
            ``(1) Coordination and consultation.--In developing a new 
        State-supported route or expanding an existing State-supported 
        route, Amtrak shall closely coordinate with all States in which 
        such route operates, and shall consult with the following:
                    ``(A) The local municipalities in which the 
                proposed route operates.
                    ``(B) Commuter authorities and regional 
                transportation authorities (as such terms are defined 
                in section 24102) in the areas proposed to be served by 
                such route.
                    ``(C) The owner of any rail infrastructure over 
                which the proposed route operates.
                    ``(D) Administrator of the Federal Railroad 
                Administration.
                    ``(E) Other stakeholders, as appropriate.
            ``(2) State commitments.--Notwithstanding any other 
        provision of law, before beginning construction necessary for, 
        or beginning operation of, a State-supported route that is 
        initiated or expanded on or after the date of enactment of the 
        TRAIN Act, Amtrak shall enter into an agreement with the State 
        in which the proposed route operates for sharing ongoing fully 
        allocated operating costs and capital costs in accordance 
        with--
                    ``(A) the cost methodology policy described under 
                subsection (a)(7); or
                    ``(B) the alternative cost methodology schedule 
                described in paragraph (3).
            ``(3) Alternative cost methodology.--Under the cost 
        methodology schedule described in this paragraph, with respect 
        to costs not covered by revenues for the operation of a State-
        supported route, Amtrak shall pay--
                    ``(A) the share Amtrak otherwise would have paid 
                under the cost methodology under subsection (a); and
                    ``(B) a percentage of the share that the State 
                otherwise would have paid under the cost methodology 
                policy under subsection (a) according to the following:
                            ``(i) Amtrak shall pay up to 100 percent of 
                        the capital costs and planning costs necessary 
                        to initiate a new State-supported route or 
                        expand an existing State-supported route, 
                        including planning and development, design, and 
                        environmental analysis costs, prior to 
                        beginning operations on the new route.
                            ``(ii) For the first 2 years of operation, 
                        Amtrak shall pay for 100 percent of operating 
                        costs and capital costs.
                            ``(iii) For the third year of operation, 
                        Amtrak shall pay 90 percent of operating costs 
                        and capital costs and the State shall pay the 
                        remainder.
                            ``(iv) For the fourth year of operation, 
                        Amtrak shall pay 80 percent of operating costs 
                        and capital costs and the State shall pay the 
                        remainder
                            ``(v) For the fifth year of operation, 
                        Amtrak shall pay 50 percent of operating costs 
                        and capital costs and the State shall pay the 
                        remainder.
                            ``(vi) For the sixth year of operation and 
                        thereafter, operating costs and capital costs 
                        shall be allocated in accordance with the cost 
                        methodology policy described under subsection 
                        (a) as applicable.
            ``(4) Definitions.--In this subsection, the terms `capital 
        cost' and `operating cost' shall apply in the same manner as 
        such terms apply under the cost methodology policy developed 
        under subsection (a).
    ``(h) Cost Methodology Update and Implementation Report.--Not later 
than 18 months after an updated cost methodology policy required under 
subsection (a)(7)(B) is implemented, the Committee shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report assessing the implementation of 
the updated policy.
    ``(i) Identification of State-supported Route Changes.--Amtrak 
shall provide an update in the general and legislative annual report 
required by 24315(b) of planned or proposed changes to State-supported 
routes, including the introduction of new State-supported routes. In 
identifying routes to be considered planned or proposed under this 
subsection, Amtrak shall--
            ``(1) identify the timeframe in which such changes could 
        take effect and whether Amtrak has entered into a commitment 
        with a State under subsection (g)(2); and
            ``(2) consult with the Committee and any additional States 
        in which a planned or proposed route may operate, not less than 
        120 days before an annual grant request is transmitted to the 
        Secretary.
    ``(j) Rule of Construction.--The decisions of the Committee--
            ``(1) shall pertain to the rail operations of Amtrak and 
        related activities of trains operated by Amtrak on State-
        sponsored routes; and
            ``(2) shall not pertain to the rail operations or related 
        activities of services operated by other rail carriers on 
        State-supported routes.
    ``(k) Definition of State.--In this section, the term `State' means 
any of the 50 States, including the District of Columbia, that sponsor 
or propose to sponsor the operation of trains by Amtrak on a State-
supported route, or a public entity that sponsors or proposes to 
sponsor such operation on such a route.''.

SEC. 9210. AMTRAK POLICE DEPARTMENT.

    (a) Department Mission.--Not later than 180 days after the date of 
enactment of this Act, Amtrak shall identify the mission of the Amtrak 
Police Department (in this section referred to as the ``Department''), 
including the scope of the role and priorities of the Department, in 
mitigating risks to and ensuring the safety and security of Amtrak 
passengers, employees, trains, stations, facilities, and other 
infrastructure. In identifying such mission, Amtrak shall consider--
            (1) the unique needs of maintaining the safety and security 
        of Amtrak's network; and
            (2) comparable passenger rail systems and the mission of 
        the police departments of such rail systems.
    (b) Workforce Planning Process.--Not later than 120 days after 
identifying the mission of the Department under subsection (a), Amtrak 
shall develop a workforce planning process that--
            (1) ensures adequate employment levels and allocation of 
        sworn and civilian personnel, including patrol officers, 
        necessary for fulfilling the Department's mission; and
            (2) sets performance goals and metrics for the Department 
        that align with the mission of the Department and monitors and 
        evaluates the Department's progress toward such goals and 
        metrics.
    (c) Considerations.--In developing the workforce planning process 
under subsection (b), Amtrak shall--
            (1) identify critical positions, skills, and competencies 
        necessary for fulfilling the Department's mission;
            (2) analyze employment levels and ensure that--
                    (A) an adequate number of civilian and sworn 
                personnel are allocated across the Department's 6 
                geographic divisions, including patrol officers, 
                detectives, canine units, special operations unit, 
                strategic operations, intelligence, corporate security, 
                the Office of Professional Responsibilities, and the 
                Office of Chief of Polices; and
                    (B) patrol officers have an adequate presence on 
                trains and route segments, and in stations, facilities, 
                and other infrastructure;
            (3) analyze workforce gaps and develop strategies to 
        address any such gaps;
            (4) consider risks, including those identified by Amtrak's 
        triannual risk assessments;
            (5) consider variables, including ridership levels, miles 
        of right-of-way, crime data, call frequencies, interactions 
        with vulnerable populations, and workload, that comparable 
        passenger rail systems with similar police departments consider 
        in the development of the workforce plans of such systems; and
            (6) consider collaboration or coordination with local, 
        State, Tribal, and Federal agencies, and public transportation 
        agencies to support the safety and security of the Amtrak 
        network.
    (d) Consultation.--In carrying out this section, Amtrak shall 
consult with the Amtrak Police Department Labor Committee, public 
safety experts, foreign or domestic entities providing passenger rail 
service comparable to Amtrak, and any other relevant entities, as 
determined by Amtrak.
    (e) Reports.--
            (1) Report on mission of department.--Not later than 10 
        days after Amtrak identifies the mission of the Department 
        under subsection (a), Amtrak shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report containing a description 
        of the mission of the Department and the reasons for the 
        content of such mission.
            (2) Report on workforce planning process.--Not later than 
        10 days after Amtrak completes the workforce planning process 
        under subsection (b), Amtrak shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report containing the workforce 
        planning process, the underlying data used to develop such 
        process, and how such process will achieve the Department's 
        mission.

SEC. 9211. AMTRAK FOOD AND BEVERAGE.

    (a) Amtrak Food and Beverage.--Section 24321 of title 49, United 
States Code, is amended to read as follows:
``Sec. 24321. Amtrak food and beverage
    ``(a) Ensuring Access to Food and Beverage Services.--On all long-
distance routes, Amtrak shall ensure that all passengers who travel 
overnight on such route shall have access to purchasing the food and 
beverages that are provided to sleeping car passengers on such route.
    ``(b) Food and Beverage Workforce.--
            ``(1) Workforce requirement.--Amtrak shall ensure that any 
        individual onboard a train who prepares or provides food and 
        beverages is an Amtrak employee.
            ``(2) Savings clause.--No Amtrak employee holding a 
        position as of the date of enactment of the TRAIN Act may be 
        involuntarily separated because of any action taken by Amtrak 
        to implement this section, including any employees who are 
        furloughed as a result of the COVID-19 pandemic.
    ``(c) Savings Clause.--Amtrak shall ensure that no Amtrak employee 
holding a position as of the date of enactment of the Passenger Rail 
Reform and Investment Act of 2015 is involuntarily separated because of 
the development and implementation of the plan required by the 
amendments made by section 11207 of such Act.''.
    (b) Technical and Conforming Amendments.--
            (1) Analysis.--The item relating to section 24321 in the 
        analysis for chapter 243 of title 49, United States Code, is 
        amended to read as follows:

``24321. Amtrak food and beverage.''.
            (2) Amtrak authority.--Section 24305(c)(4) of title 49, 
        United States Code, is amended by striking ``only if revenues 
        from the services each year at least equal the cost of 
        providing the services''.
            (3) Contracting out.--Section 121(c) of the Amtrak Reform 
        and Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 
        2574) is amended by striking ``, other than work related to 
        food and beverage service,''.
    (c) Amtrak Food and Beverage Working Group.--
            (1) Establishment.--Not later than 90 days after the date 
        of enactment of this Act, Amtrak shall establish a working 
        group (in this subsection referred to as the ``Working Group'') 
        to provide recommendations on Amtrak onboard food and beverage 
        services.
            (2) Membership.--The Working Group shall consist of--
                    (A) an equal number of individuals representing--
                            (i) Amtrak;
                            (ii) the labor organizations representing 
                        Amtrak employees who prepare or provide onboard 
                        food and beverage services;
                            (iii) the State-Supported Route Committee 
                        established by section 24712; and
                            (iv) nonprofit organizations representing 
                        Amtrak passengers; and
                    (B) an individual with culinary or hospitality 
                expertise agreed to by the members under clauses (i) 
                through (iv) of subparagraph (A).
            (3) Recommendations.--
                    (A) In general.--The Working Group shall develop 
                recommendations to increase ridership and improve 
                customer satisfaction by--
                            (i) promoting collaboration and engagement 
                        between Amtrak, Amtrak passengers, and Amtrak 
                        employees preparing or providing onboard food 
                        and beverage services, prior to Amtrak 
                        implementing changes to onboard food and 
                        beverage services;
                            (ii) improving onboard food and beverage 
                        services; and
                            (iii) improving solicitation, reception, 
                        and consideration of passenger feedback 
                        regarding onboard food and beverage services.
                    (B) Considerations.--In developing the 
                recommendations under subparagraph (A), the Working 
                Group shall consider--
                            (i) the healthfulness of onboard food and 
                        beverages offered, including the ability of 
                        passengers to address dietary restrictions;
                            (ii) the preparation and delivery of 
                        onboard food and beverages;
                            (iii) the differing needs of passengers 
                        traveling on long-distance routes, State-
                        supported routes, and the Northeast Corridor;
                            (iv) the reinstatement of the dining car 
                        service on long-distance routes;
                            (v) Amtrak passenger survey data about the 
                        food and beverages offered on Amtrak trains; 
                        and
                            (vi) any other issue the Working Group 
                        determines appropriate.
            (4) Reports.--
                    (A) Initial report.--Not later than 1 year after 
                the date on which the Working Group is established, the 
                Working Group shall submit to the Board of Directors of 
                Amtrak, the Committee on Transportation and 
                Infrastructure of the House of Representatives, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate a report containing the recommendations 
                developed under paragraph (3).
                    (B) Subsequent report.--Not later than 30 days 
                after the date on which the Working Group submits the 
                report required under subparagraph (A), Amtrak shall 
                submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate a report on whether Amtrak agrees with the 
                recommendations of the Working Group and describing any 
                plans to implement such recommendations.
            (5) Prohibition on food and beverage service changes.--
        During the period beginning on the date of enactment of this 
        Act and ending 30 days after the date on which Amtrak submits 
        the report required under paragraph (4)(B), Amtrak may not make 
        large-scale, structural changes to existing onboard food and 
        beverage services, except that Amtrak shall reverse any changes 
        to onboard food and beverage service made in response to the 
        COVID-19 pandemic as Amtrak service is restored.
            (6) Termination.--The Working Group shall terminate on the 
        date on which Amtrak submits the report required under 
        paragraph (4)(B), except that Amtrak may extend such date by up 
        to 1 year if Amtrak determines that the Working Group is 
        beneficial to Amtrak in making decisions related to onboard 
        food and beverage services. If Amtrak extends such date, Amtrak 
        shall include notification of the extension in the report 
        required under paragraph (4)(B).
            (7) Nonapplicability of federal advisory committee act.--
        The Federal Advisory Committee Act (5 U.S.C. App.) does not 
        apply to the Working Group established under this section.
            (8) Long-distance route; northeast corridor; and state-
        supported route defined.--In this subsection, the terms ``long-
        distance route'', ``Northeast Corridor'', and ``State-supported 
        route'' have the meaning given those terms in section 24102 of 
        title 49, United States Code.

SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING OUT.

    (a) Furloughed Work.--Section 121 of the Amtrak Reform and 
Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 2574) is 
amended by striking subsection (d) and inserting the following:
    ``(d) Furloughed Work.--Amtrak may not contract out work within the 
scope of work performed by an employee in a bargaining unit covered by 
a collective bargaining agreement entered into between Amtrak and an 
organization representing Amtrak employees during the period of time 
such employee has been laid off involuntarily if such employee--
            ``(1) is eligible and qualified under the agreement to 
        perform such work in accordance with the seniority of such 
        employee; and
            ``(2) has not been provided an opportunity to be recalled 
        to perform such work.
    ``(e) Agreement Prohibitions on Contracting Out.--This section does 
not--
            ``(1) supersede a prohibition or limitation on contracting 
        out work covered by an agreement entered into between Amtrak 
        and an organization representing Amtrak employees; or
            ``(2) prohibit Amtrak and an organization representing 
        Amtrak employees from entering into an agreement that allows 
        for contracting out the work of a furloughed employee that 
        would otherwise be prohibited under subsection (d).''.
    (b) Workforce Plan.--Section 24320(c)(2) of title 49, United State 
Code, is amended--
            (1) in subparagraph (C)(iii)(III) by striking ``and'' at 
        the end;
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) a summary of Amtrak's plan to meet the 
                workforce needs of each asset category, which shall--
                            ``(i) identify any gaps in Amtrak's 
                        workforce, including any vacancy, skill gap, or 
                        shortage of qualified personnel;
                            ``(ii) summarize any action Amtrak is 
                        taking to address any such gaps; and
                            ``(iii) summarize any anticipated change to 
                        the size of the Amtrak workforce and any cause 
                        for such change; and''.

SEC. 9213. AMTRAK STAFFING.

    Section 24312 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Call Center Staffing.--
            ``(1) Outsourcing.--Amtrak may not renew or enter into a 
        contract to outsource call center customer service work on 
        behalf of Amtrak, including through a business process 
        outsourcing group.
            ``(2) Training.--Amtrak shall make available appropriate 
        training programs to any Amtrak call center employee carrying 
        out customer service activities using telephone or internet 
        platforms.
    ``(d) Station Agent Staffing.--
            ``(1) In general.--Amtrak shall ensure that at least one 
        Amtrak ticket agent is employed at each station building where 
        at least one Amtrak ticket agent was employed on or after 
        October 1, 2017.
            ``(2) Locations.--Amtrak shall ensure that at least one 
        Amtrak ticket agent is employed at each station building--
                    ``(A) that Amtrak owns, or operates service 
                through, as part of a passenger service route; and
                    ``(B) for which the number of passengers boarding 
                or deboarding an Amtrak long-distance train in the 
                previous fiscal year exceeds the average of at least 40 
                passengers per day over all days in which the station 
                was serviced by Amtrak, regardless of the number of 
                Amtrak vehicles servicing the station per day. For 
                fiscal year 2021, ridership from fiscal year 2019 shall 
                be used to determine qualifying stations.
            ``(3) Exception.--This subsection does not apply to any 
        station building in which a commuter rail ticket agent has the 
        authority to sell Amtrak tickets.
            ``(4) Amtrak ticket agent.--For purposes of this section, 
        the term `Amtrak ticket agent' means an Amtrak employee with 
        authority to sell Amtrak tickets onsite and assist in the 
        checking of Amtrak passenger baggage.
            ``(3) Effective date.--This subsection shall take effect on 
        the earlier of--
                    ``(A) the date of the expiration of the emergency 
                declaration issued by the President on March 13, 2020, 
                pursuant to section 501(b) of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5191(b)); or
                    ``(B) the day after the period that is the first 6 
                consecutive months within a calendar year for which 
                Amtrak ridership exceeds the Amtrak ridership for the 
                same 6 consecutive calendar months in 2019.''.

SEC. 9214. SPECIAL TRANSPORTATION.

    Section 24307(a) of title 49, United States Code, is amended--
            (1) in the matter preceding paragraph (1) by striking ``for 
        the following:'' and inserting ``of at least a 10 percent 
        discount on full-price coach class rail fares for, at a 
        minimum--'';
            (2) in paragraph (1) by striking the period at the end and 
        inserting a semicolon; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) individuals of 12 years of age or younger;
            ``(3) individuals with a disability, as such term is 
        defined in section 3 of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12102);
            ``(4) members of the Armed Forces on active duty (as those 
        terms are defined in section 101 of title 10) and their spouses 
        and dependents with valid identification;
            ``(5) veterans (as that term is defined in section 101 of 
        title 38) with valid identification; and
            ``(6) individuals attending federally accredited 
        postsecondary education institutions with valid student 
        identification cards.''.

SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following:
``Sec. 24324. Disaster and emergency relief program
    ``(a) In General.--The Secretary of Transportation may make grants 
to Amtrak for--
            ``(1) capital projects to repair, reconstruct, or replace 
        equipment, infrastructure, stations, and other facilities that 
        the Secretary determines are in danger of suffering serious 
        damage, or have suffered serious damage, as a result of an 
        emergency event;
            ``(2) offset revenue lost as a result of such an event; and
            ``(3) support continued operations following emergency 
        events.
    ``(b) Coordination of Emergency Funds.--Funds made available to 
carry out this section shall be in addition to any other funds 
available and shall not affect the ability of Amtrak to use any other 
funds otherwise authorized by law.
    ``(c) Grant Conditions.--Grants made under this subsection (a) 
shall be subject to section 22905(c)(2)(A) and other such terms and 
conditions as the Secretary determines necessary.
    ``(d) Definition of Emergency Event.--In this section, the term 
`emergency event' has the meaning given such term in section 20103.''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``24324. Disaster and emergency relief program.''.

SEC. 9216. ACCESS TO RECREATIONAL TRAILS.

    Section 24315 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(i) Access to Recreational Trails.--At least 30 days before 
implementing a new policy, structure, or operation that impedes access 
to recreational trails, Amtrak shall work with potentially affected 
communities, making a good-faith effort to address local concerns about 
such access. Not later than February 15 of each year, Amtrak shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report on any such engagement in the preceding 
calendar year, and any changes to policies, structures, or operations 
affecting access to recreational trails that were considered or made as 
a result. The report shall include Amtrak's plans to mitigate the 
impact to such access.''.

SEC. 9217. AMTRAK CYBERSECURITY ENHANCEMENT AND RESILIENCY GRANT 
              PROGRAM.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following:
``Sec. 24325. Amtrak cybersecurity enhancement and resiliency grant 
              program
    ``(a) In General.--The Secretary of Transportation shall make 
grants to Amtrak for improvements in information technology systems, 
including cyber resiliency improvements for Amtrak information 
technology assets.
    ``(b) Application of Best Practices.--Any cyber resiliency 
improvements carried out with a grant under this section shall be 
consistent with cybersecurity industry best practices and publications 
issued by the National Institute of Standards and Technology.
    ``(c) Coordination of Cybersecurity Funds.--Funds made available to 
carry out this section shall be in addition to any other Federal funds 
and shall not affect the ability of Amtrak to use any other funds 
otherwise authorized by law for purposes of enhancing the cybersecurity 
architecture of Amtrak.
    ``(d) Grant Conditions.--In carrying out this section--
            ``(1) to the extent practicable, the Secretary shall 
        provide grants consistent with the process established under 
        section 24319;
            ``(2) the Secretary shall ensure that a grant made 
        available under this section shall be administered and 
        disbursed as part of Amtrak's annual grant agreement as 
        authorized by section 24319(d)(1)(B); and
            ``(3) a grant made under this section shall be subject to 
        such terms and conditions as the Secretary determines 
        necessary.''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``24325. Amtrak cybersecurity enhancement and resiliency grant 
                            program.''.

SEC. 9218. AMTRAK AND PRIVATE CARS.

    (a) Sense of Congress.--It is the sense of Congress that private 
cars and charter trains can--
            (1) improve Amtrak's financial performance, particularly on 
        the long-distance routes;
            (2) have promotional value for Amtrak that results in 
        future travel on Amtrak trains by passengers made aware of 
        Amtrak as a result;
            (3) support private-sector jobs, including for mechanical 
        work and on-board services; and
            (4) provide good-will benefits to Amtrak.
    (b) Policy Review.--Amtrak shall review the policy changes since 
January 1, 2018, that have caused significant changes to the 
relationship between Amtrak and private car owners and charter train 
services and evaluate opportunities to strengthen these services, 
including by reinstating some access points and restoring flexibility 
to charter-train policies. For charter trains, private cars, and 
package express carried on regular Amtrak trains, consistent with sound 
business practice, Amtrak should recover direct costs plus a reasonable 
profit margin.

SEC. 9219. AMTRAK OFFICE OF COMMUNITY OUTREACH.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following new section:
``Sec. 24326. Amtrak Office of Community Outreach
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the TRAIN Act, Amtrak shall establish an Office of 
Community Outreach to engage with communities impacted by Amtrak 
operations.
    ``(b) Responsibilities.--The Office of Community Outreach shall be 
responsible for--
            ``(1) outreach and engagement with--
                    ``(A) local officials before capital improvement 
                project plans are finalized; and
                    ``(B) local stakeholders and relevant organizations 
                on projects of community significance;
            ``(2) clear explanation and publication of how community 
        members can communicate with Amtrak;
            ``(3) the use of virtual public involvement, social media, 
        and other web-based tools to encourage public participation and 
        solicit public feedback; and
            ``(4) making publicly available on the website of Amtrak, 
        planning documents for proposed and implemented capital 
        improvement projects.
    ``(c) Report to Congress.--Not later than 1 year after the 
establishment of the Office of Community Outreach, and annually 
thereafter, Amtrak shall submit to the Committee on Transportation and 
Infrastructure in the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report that--
            ``(1) describes the community outreach efforts undertaken 
        by the Amtrak Office of Community Outreach for the previous 
        year; and
            ``(2) identifies changes Amtrak made to capital improvement 
        project plans after engagement with affected communities.''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``24326. Amtrak Office of Community Outreach.''.

SEC. 9220. LONG-DISTANCE CUSTOMER ENHANCEMENT PROGRAM.

    (a) Authorization.--Amtrak shall expend not less than 2.5 percent 
of the amounts appropriated in each fiscal year pursuant to section 
9101(a)(2) to enhance the customer experience on Amtrak long-distance 
routes.
    (b) Eligibility.--Projects and initiatives to serve the following 
purposes, including planning and development, are eligible to be 
implemented by Amtrak under this section:
            (1) Rolling stock interior refreshes and redesigns.
            (2) Food and beverage service improvements consistent with 
        section 24321 of title 49, United States Code.
            (3) Wi-Fi service expansion and improvement.
            (4) Enhanced customer experience at stations.
            (5) Other customer enhancement initiatives developed by 
        Amtrak, including initiatives developed in accordance with 
        subsection (c).
    (c) Consultation.--Not later than 90 days after the date of 
enactment of this Act, and subsequently on a periodic basis, Amtrak 
shall consult with appropriate States, local governments, labor 
organizations representing railroad employees, and national 
associations that represent rail passengers on ways to enhance the 
customer experience on long-distance routes.
    (d) Use of Funds for Other Purposes.--Amtrak may use funds provided 
under this section for purposes related to long-distance route service 
other than those listed in subsection (b) if--
            (1) Amtrak determines the use of funds is necessary to--
                    (A) improve the safety of long-distance route 
                operations; or
                    (B) maintain continued operation or service levels 
                of any such route; and
            (2) not later than 10 days of the repurposing of such 
        funds, Amtrak submits to the Secretary, the Committee on 
        Transportation and Infrastructure and the Committee on 
        Appropriations of the House of Representatives, and the 
        Committee on Commerce, Science, and Transportation, and the 
        Committee on Appropriations of the Senate, a report that 
        includes--
                    (A) the amount of funds repurposed for a use 
                described in this subsection, and
                    (B) the reason for the repurposing of such funds.
    (e) Long-distance Route Defined.--In this section, the term ``long-
distance route'' has the meaning given the term in section 24102 of 
title 49, United States Code.

SEC. 9221. AMTRAK CARBON-FREE AND RENEWABLE ENERGY INITIATIVES.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following new section:
``Sec. 24327. Amtrak carbon-free and renewable energy initiatives
    ``(a) Emissions Reduction and Energy Plan.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the TRAIN Act, Amtrak shall--
                    ``(A) develop a greenhouse gas emissions reduction 
                and energy plan that sets forth a goal of, a strategy 
                for achieving, and potential timelines and funding 
                requirements for--
                            ``(i) becoming a net-zero carbon emissions 
                        transportation provider; and
                            ``(ii) achieving net-zero carbon emissions 
                        with respect to Amtrak operations within the 
                        Northeast Corridor;
                    ``(B) submit the plan to the Secretary of 
                Transportation, the Committee on Transportation and 
                Infrastructure of the House of Representatives, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate; and
                    ``(C) publish the plan on Amtrak's website.
            ``(2) Additional requirements.--The plan developed under 
        paragraph (1) shall contain--
                    ``(A) at least 1 option for becoming a net-zero 
                carbon emissions transportation provider not later than 
                January 1, 2035; and
                    ``(B) at least 1 option for achieving net-zero 
                carbon emissions with respect to Amtrak operations 
                within the Northeast Corridor not later than January 1, 
                2030.
            ``(3) Annual progress reports.--
                    ``(A) In general.--After submission and publication 
                of the plan developed under paragraph (1), Amtrak shall 
                include in each general and legislative annual report 
                required under section 24315(b), an update on Amtrak's 
                progress towards--
                            ``(i) becoming a net-zero carbon emissions 
                        transportation provider; and
                            ``(ii) achieving net-zero carbon emissions 
                        with respect to Amtrak operations within the 
                        Northeast Corridor.
                    ``(B) Legislative recommendations.--The update 
                required under subparagraph (A) may include 
                recommendations for legislative changes or changes to 
                funding levels likely to increase the rate of Amtrak's 
                progress.
    ``(b) Carbon-free and Renewable Energy Use.--
            ``(1) Energy source requirement.--Not later than 180 days 
        after the date of enactment of the TRAIN Act, Amtrak shall 
        ensure that any new or renewed contract between Amtrak and a 
        provider of electricity that is used to meet the needs of train 
        traction power or rail facility power requires that an amount 
        equal to or greater that 25 percent of such electricity is 
        derived from carbon-free or renewable energy sources.
            ``(2) Increased energy source goals.--Amtrak shall 
        establish goals for increasing the energy source requirements 
        described in paragraph (1), including a goal of requiring--
                    ``(A) at least 50 percent of electricity derived 
                from such sources for new or renewed contracts entered 
                into beginning 5 years after the date of enactment of 
                the TRAIN Act; and
                    ``(B) 100 percent of electricity derived from such 
                sources for new or renewed contracts entered into on or 
                after January 1, 2030.
            ``(3) Exceptions.--The requirements of paragraph (1) shall 
        not apply in any case in which--
                    ``(A) no provider of electricity is able to provide 
                the necessary levels of carbon-free or renewable 
                energy;
                    ``(B) compliance with such requirements would 
                adversely affect Amtrak's operations or quality of 
                service to an unreasonable degree; or
                    ``(C) compliance with such requirements would cause 
                an increase of at least 50 percent in total cost of 
                electricity, as compared to the total cost of 
                electricity Amtrak would otherwise have acquired.
            ``(4) Report.--Not later than 1 year after the date of 
        enactment of the TRAIN Act, Amtrak shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report that identifies 
        opportunities to further increase Amtrak's use of carbon-free 
        and renewable energy for train traction power needs and 
        facility power needs.''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``24327. Amtrak carbon-free and renewable energy initiatives.''.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

SEC. 9301. NORTHEAST CORRIDOR COMMISSION.

    Section 24905 of title 49, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A) by striking ``members'' and 
                inserting ``4 members'';
                    (B) in subparagraph (B) by striking ``members'' and 
                inserting ``5 members''; and
                    (C) in subparagraph (D) by striking ``and commuter 
                railroad carriers using the Northeast Corridor selected 
                by the Secretary'' and inserting ``railroad carriers 
                and commuter authorities using the Northeast Corridor, 
                as determined by the Commission'';
            (2) by striking paragraph (2) of subsection (a) and 
        inserting the following:
            ``(2) At least two of the members described in paragraph 
        (1)(B) shall be career appointees, as such term is defined in 
        section 3132(a) of title 5.'';
            (3) in subsection (b)(3)(B)--
                    (A) in clause (i) by inserting ``, including 
                ridership trends,'' before ``along the Northeast 
                Corridor'';
                    (B) in clause (ii) by striking ``capital investment 
                plan described in section 24904.'' and inserting 
                ``first year of the capital investment plan described 
                in section 24904; and''; and
                    (C) by adding at the end the following:
                            ``(iii) progress in assessing and 
                        eliminating the state-of-good-repair 
                        backlog.'';
            (4) in subsection (c)--
                    (A) by striking ``(1) Development'' and all that 
                follows through ``standardized policy'' and inserting 
                the following:
            ``(1) Policy.--The Commission shall--
                    ``(A) maintain and update, as appropriate, the 
                `Northeast Corridor Commuter and Intercity Rail Cost 
                Allocation Policy' approved on September 17, 2015,'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (B) by striking ``a 
                        proposed timetable for implementing'' and 
                        inserting ``timetables for implementing and 
                        maintaining'';
                            (ii) in subparagraph (C) by striking ``the 
                        policy and the timetable'' and inserting 
                        ``updates to the policy and the timetables''; 
                        and
                            (iii) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) support the efforts of the members of the 
                Commission to implement the policy in accordance with 
                such timetables; and'';
                    (C) in paragraph (2)--
                            (i) by striking the first sentence and 
                        inserting ``In accordance with the timetable 
                        developed in paragraph (1), Amtrak and commuter 
                        authorities on the Northeast Corridor shall 
                        implement the policy developed under paragraph 
                        (1) in agreements for usage of facilities or 
                        services.'';
                            (ii) by striking ``fail to implement such 
                        new agreements'' and inserting ``fail to 
                        implement the policy''; and
                            (iii) by striking ``paragraph (1)(A), as 
                        applicable'' and inserting ``paragraph (1)''; 
                        and
                    (D) in paragraph (4) by striking ``public 
                authorities providing commuter rail passenger 
                transportation'' and inserting ``commuter 
                authorities'';
            (5) by striking subsection (d);
            (6) by redesignating subsection (e) as subsection (d); and
            (7) in paragraph (1)(D) of subsection (d) (as redesignated 
        by paragraph (6)) by striking ``commuter rail agencies'' and 
        inserting ``commuter authorities''.

SEC. 9302. NORTHEAST CORRIDOR PLANNING.

    (a) In General.--Section 24904 of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (e) as subsection (f);
            (2) by striking subsection (c);
            (3) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively;
            (4) by inserting before subsection (b), as so redesignated, 
        the following:
    ``(a) Service Development Plan.--
            ``(1) Requirement.--Not later than December 31, 2021, the 
        Northeast Corridor Commission established under section 24905 
        (referred to in this section as the `Commission') shall submit 
        to Congress a service development plan that identifies key 
        state-of-good-repair, capacity expansion, and capital 
        improvement projects planned for the Northeast Corridor, to 
        upgrade aging infrastructure and improve the reliability, 
        capacity, connectivity, performance, and resiliency of 
        passenger rail service on the Northeast Corridor.
            ``(2) Contents.--The service development plan required 
        under paragraph (1) shall--
                    ``(A) provide a coordinated and consensus-based 
                plan covering a period of 15 years;
                    ``(B) identify service objectives and capital 
                investments needs;
                    ``(C) provide a delivery-constrained strategy that 
                identifies capital investment phasing, an evaluation of 
                workforce needs, and strategies for managing resources 
                and mitigating construction impacts on operations;
                    ``(D) describe the anticipated outcomes of each 
                project or program, including an assessment of improved 
                capacity, travel time, and other benefits and costs of 
                proposed investments;
                    ``(E) include a financial strategy that 
                incorporates available funding and identifies funding 
                needs and potential sources of such funding; and
                    ``(F) be updated at least every 5 years.'';
            (5) in subsection (b) (as redesignated by paragraph (3))--
                    (A) by striking ``Not later than'' and all that 
                follows through ``shall'' and inserting ``Not later 
                than November 1 of each year, the Commission shall'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A) by striking ``a 
                        capital investment plan'' and inserting ``an 
                        annual capital investment plan''; and
                            (ii) in subparagraph (B) by inserting ``for 
                        the Northeast Corridor'' after ``capital 
                        investment plan'';
                    (C) in paragraph (2)--
                            (i) in subparagraph (A) by striking ``and 
                        network optimization'';
                            (ii) in subparagraph (B) by striking ``and 
                        service'';
                            (iii) in subparagraph (C) by striking 
                        ``first fiscal year after the date on which'' 
                        and inserting ``fiscal year during which'';
                            (iv) in subparagraph (D)--
                                    (I) by striking ``identify, 
                                prioritize,'' and all that follows 
                                through ``and consider'' and inserting 
                                ``document the projects and programs 
                                being undertaken to achieve the service 
                                outcomes identified in the Northeast 
                                Corridor service development plan, once 
                                available, and the asset condition 
                                needs identified in the Northeast 
                                Corridor asset management system 
                                described in subsection (e) and 
                                consider''; and
                                    (II) in clause (i) by inserting 
                                ``overall estimated'' before 
                                ``benefits'';
                            (v) in subparagraph (E)(i) by striking 
                        ``normalized capital replacement and'';
                            (vi) in subparagraph (F) by adding ``and'' 
                        at the end;
                            (vii) by striking subparagraph (G); and
                            (viii) by redesignating subparagraph (H) as 
                        subparagraph (G); and
                    (D) in paragraph (3)--
                            (i) by striking ``paragraph (2)(H)'' and 
                        inserting ``paragraph (2)(G)'';
                            (ii) in subparagraph (A)--
                                    (I) by inserting ``anticipated'' 
                                before ``funding sources''; and
                                    (II) by inserting ``and, in the 
                                absence of an authorization or 
                                appropriation of funds for a fiscal 
                                year, be based on the amount of funding 
                                available in the previous fiscal year, 
                                plus inflation'' after ``methods'';
                            (iii) in subparagraph (B) by striking 
                        ``expected allocated shares of costs'' and 
                        inserting ``status of cost sharing 
                        agreements'';
                            (iv) in subparagraph (C) by striking 
                        ``and'' at the end;
                            (v) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                            (vi) by inserting after subparagraph (C) 
                        the following:
                    ``(D) include any funding needs in excess of 
                amounts authorized or otherwise available in a fiscal 
                year; and'';
            (6) in subsection (c) (as redesignated by paragraph (3)) by 
        striking ``may be spent only on'' and all that follows through 
        the end and inserting ``may be spent only on capital projects 
        and programs contained in the Commission's capital investment 
        plan from the previous year.''; and
            (7) by striking subsection (d) and inserting the following:
    ``(d) Review and Coordination.--The Commission shall gather 
information from Amtrak, the States in which the Northeast Corridor is 
located, and commuter rail authorities to support development of the 
capital investment plan. The Commission may specify a format and other 
criteria for the information submitted. Submissions to the plan from 
Amtrak, States in which the Northeast Corridor are located, and 
commuter rail authorities shall be provided to the Commission in a 
manner that allows for a reasonable period of review by, and 
coordination with, affected agencies.
    ``(e) Northeast Corridor Asset Management.--With regard to existing 
infrastructure, Amtrak and other infrastructure owners that provide or 
support intercity rail passenger transportation on the Northeast 
Corridor shall develop an asset management system, and use and update 
such system as necessary, to develop submissions to the Northeast 
Corridor capital investment plan described in subsection (b). Such 
system shall--
            ``(1) be timed consistent with the Federal Transit 
        Administration process, as authorized under section 5326, when 
        implemented; and
            ``(2) include, at a minimum--
                    ``(A) an inventory of all capital assets owned by 
                the developer of the plan;
                    ``(B) an assessment of asset condition;
                    ``(C) a description of the resources and processes 
                necessary to bring or maintain those assets in a state 
                of good repair; and
                    ``(D) a description of changes in asset condition 
                since the previous version of the plan.''.
    (b) Conforming Amendments.--
            (1) Accounts.--Section 24317(d)(1) of title 49, United 
        States Code, is amended--
                    (A) in subparagraph (B) by striking 
                ``24904(a)(2)(E)'' and inserting ``24904(b)(2)(E)''; 
                and
                    (B) in subparagraph (F) by striking ``24904(b)'' 
                and inserting ``24904(c)''.
            (2) Federal-state partnership for state of good repair.--
        Section 24911(e)(2) of title 49, United States Code, is amended 
        by striking ``24904(a)'' and inserting ``24904(b)''.

SEC. 9303. PROTECTIVE ARRANGEMENTS.

    Section 22905 of title 49, United States Code, is amended--
            (1) in subsection (c)(2)(B) by striking ``that are 
        equivalent to the protective arrangements established under 
        section 504 of the Railroad Revitalization and Regulatory 
        Reform Act of 1976 (45 U.S.C. 836)'' and inserting 
        ``established by the Secretary under subsection (e)(1)'';
            (2) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (3) by inserting after subsection (d) the following:
    ``(e) Equivalent Employee Protections.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of this subsection, the Administrator of the 
        Federal Railroad Administration shall establish protective 
        arrangements equivalent to those established under section 504 
        of the Railroad Revitalization and Regulatory Reform Act of 
        1976 (45 U.S.C. 836), and require such protective arrangements 
        to apply to employees described under subsection (c)(2)(B) and 
        as required under subsection (j) of section 22907.
            ``(2) Publication.--The Administrator shall make available 
        on a publicly available website the protective arrangements 
        established under paragraph (1).''.

SEC. 9304. INTERSTATE RAIL COMPACTS.

    (a) Identification.--Section 410 of the Amtrak Reform and 
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note) 
is amended--
            (1) in subsection (b)(2) by striking ``(except funds made 
        available for Amtrak)''; and
            (2) by adding at the end the following:
    ``(c) Interstate Rail Compacts Program.--The Secretary of 
Transportation shall--
            ``(1) make available on a publicly accessible website a 
        list of interstate rail compacts established in accordance with 
        subsection (a);
            ``(2) provide information to the public regarding 
        interstate rail compacts, including how States may establish 
        interstate rail compacts under subsection (a); and
            ``(3) annually update the information provided under 
        paragraph (2).''.
    (b) Grants Authorized.--Chapter 229 of title 49, United States 
Code, is further amended by adding at the end the following:
``Sec. 22910. Interstate rail compacts support program
    ``(a) In General.--The Secretary shall develop and implement a 
program for providing administrative assistance grants to an applicant, 
on a competitive basis, to support interstate and regional efforts--
            ``(1) to improve the safety, efficiency, or reliability of 
        intercity passenger rail; and
            ``(2) to promote and develop intercity passenger rail 
        service, including through initiating, restoring, or enhancing 
        intercity passenger rail service.
    ``(b) Applicant Selection Criteria.--
            ``(1) In general.--In awarding grants under this section, 
        the Secretary shall consider--
                    ``(A) the amount of funding received (including 
                funding from railroads) or other significant 
                participation by State, local, and regional 
                governmental and private entities;
                    ``(B) the applicant's work to facilitate and 
                encourage regional planning for passenger rail 
                improvement, enhancement, and development;
                    ``(C) the applicant's work to foster, through rail 
                transportation systems, economic development, 
                particularly in rural communities, for socially 
                disadvantaged individuals, and for disadvantaged 
                populations;
                    ``(D) the applicant's efforts to provide guidance 
                to local communities on public and private resources 
                relate to community concerns, such as congestion, rail 
                and grade crossing safety, trespasser prevention, quiet 
                zones, idling, and rail line relocations;
                    ``(E) whether the applicant seeks to restore 
                service over routes formerly operated by Amtrak, 
                including routes described in section 11304(a) of the 
                Passenger Rail Reform and Investment Act of 2015 (title 
                XI of division A of Public Law 114-94);
                    ``(F) the applicant's dedication to providing 
                intercity passenger rail service to regions and 
                communities that are underserved or not served by other 
                intercity public transportation;
                    ``(G) whether the applicant is enhancing 
                connectivity and geographic coverage of the existing 
                national network of intercity rail passenger service;
                    ``(H) the applicant's efforts to engage with 
                entities to deploy railroad safety technology or 
                programs, including trespassing prevention, rail 
                integrity inspection systems, or grade crossing safety;
                    ``(I) whether the applicant prepares regional rail 
                and corridor service development plans and 
                corresponding environmental analysis; and
                    ``(J) whether the applicant has engaged with the 
                Federal, local, or State government and transportation 
                planning agencies to identify projects necessary to 
                enhance multimodal connections or facilitate service 
                integration between rail service and other modes, 
                including between intercity rail passenger 
                transportation and intercity bus service, commercial 
                air service, or commuter rail service.
            ``(2) Preference.--In selecting grant recipients, the 
        Secretary shall give preference to applicants that are 
        initiating, restoring, or enhancing intercity rail passenger 
        transportation.
    ``(c) Application Process.--The Secretary shall prescribe the form 
and manner of filing applications under this section.
    ``(d) Performance Measures.--
            ``(1) In general.--The Secretary shall establish 
        performance measures for each grant recipient to assess 
        progress in achieving strategic goals and objectives.
            ``(2) Annual report.-- The Secretary shall require grant 
        recipients to submit an annual report of the activities of such 
        recipient and information related to applicable performance 
        measures, which may include--
                    ``(A) a demonstration of progress to achieve or 
                advance the relevant criteria described in subsection 
                (c); and
                    ``(B) receipt of non-Federal matching funds from 
                each member State at least once during each fiscal 
                year.
    ``(e) Federal Share of Total Project Cost.--The Secretary shall 
require each recipient of a grant under this subsection to provide a 
non-Federal match of not less than 50 percent of the administrative 
costs of the interstate rail compact.
    ``(f) Applicable Requirements.--The use of any amounts appropriated 
for grants under this section shall be subject to the applicable 
requirements under this chapter.
    ``(g) Applicability.--Amounts appropriated to carry out this 
section shall remain available until expended.
    ``(h) Limitations.--
            ``(1) Maximum funding per applicant.--The Secretary may not 
        award a grant under this section in an amount exceeding 
        $500,000 for each applicant in any fiscal year.
            ``(2) Numeric limitation.--The Secretary may not provide 
        grants under this section to more than 10 interstate rail 
        compacts in any fiscal year.
    ``(i) Use of Interstate Rail Compact Grants and Other Federal 
Funding.--A recipient of an interstate rail compact grant under this 
section may use such grant in combination with other Federal grants 
awarded that would benefit the applicable use.
    ``(j) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means an interstate 
        rail compact or an interstate commission composed of 2 or more 
        States that has been established to promote, develop, or 
        operate intercity passenger rail transportation systems.
            ``(2) Intercity passenger rail service.--The term 
        `intercity passenger rail service' has the meaning given the 
        term `intercity rail passenger transportation' in section 
        24102.''.
    (c) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``22910. Interstate rail compacts support program.''.

SEC. 9305. HIGH-SPEED RAIL UPDATES.

    (a) High-speed Rail Corridor Planning.--Section 26101 of title 49, 
United States Code, is amended--
            (1) in subsection (b)(1)--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``, or if it is an activity described in 
                subparagraph (M)'';
                    (B) in subparagraph (J) by striking ``right-of-way 
                improvements'' and inserting ``right-of-way acquisition 
                or improvement needs'';
                    (C) in subparagraph (K) by inserting ``and'' at the 
                end; and
                    (D) by striking subparagraphs (L) and (M) and 
                inserting the following:
            ``(L) public costs in the creation of public private 
        partnerships.''; and
            (2) in subsection (c)--
                    (A) by striking paragraphs (1) through (3) and 
                inserting the following:
            ``(1) the extent to which the proposed planning focuses on 
        systems which will provide for high-speed rail;
            ``(2) the integration of the corridor into metropolitan 
        area and statewide transportation planning, including State 
        rail plans;
            ``(3) the use of rail stations within urbanized areas that 
        are located in a geographic area with a greater density 
        population than the urbanized area as a whole;'';
                    (B) in paragraph (4) by inserting before the 
                semicolon ``, passenger rail, transit, and other 
                multimodal options'';
                    (C) in paragraph (6) by inserting ``and reduce 
                greenhouse gas emissions'' before the semicolon; and
                    (D) in paragraph (11) by inserting ``, including 
                access to affordable housing'' before the semicolon.
    (b) Definitions.--Section 26105(2) of title 49, United States Code, 
is amended--
            (1) by inserting ``made available to members of the general 
        public as passengers and reasonably expected to reach speeds 
        of'' after ``service which is'';
            (2) in subparagraph (A) by striking ``reasonably expected 
        to reach sustained speeds of more than 125 miles per hour; 
        and'' and inserting ``160 miles per hour or more on shared-use 
        right-of-way; or''; and
            (3) in subparagraph (B) by striking ``made available to 
        members of the general public as passengers'' and inserting 
        ``186 miles per hour or more on dedicated right-of-way''.
    (c) High-speed Rail Corridor Development.--Section 26106(e)(2) of 
title 49, United States Code, is amended--
            (1) in subparagraph (A)(i) by striking ``section 211 of the 
        Passenger Rail Investment and Improvement Act of 2008'' and 
        inserting ``section 24904(a)''; and
            (2) in subparagraph (C)(i)--
                    (A) by striking subclause (III);
                    (B) by redesignating subclause (II) as subclause 
                (III);
                    (C) by inserting after subclause (I) the following:
                                    ``(II) connectivity to rail 
                                stations within urbanized areas that 
                                are located in an geographic area with 
                                a greater density population than the 
                                urbanized area as a whole;''; and
                    (D) by striking subclause (IV) and inserting the 
                following:
                                    ``(IV) environmental benefits, 
                                including projects that--
                                            ``(aa) reduce greenhouse 
                                        gas emissions; and
                                            ``(bb) involve 
                                        electrification or the purchase 
                                        of environmentally sensitive, 
                                        fuel-efficient, and cost-
                                        effective passenger rail 
                                        equipment;''.

SEC. 9306. STATE RAIL PLANNING FORMULA FUNDS.

    (a) In General.--Chapter 229 of title 49, United States Code, is 
further amended by adding at the end the following:
``Sec. 22911. State rail planning formula funds
    ``(a) In General.--In carrying out this chapter, the Secretary 
shall allocate an appropriate portion of 1.5 percent of the amounts 
made available for programs under this chapter to provide grants to 
States--
            ``(1) for State or multi-State regional intercity passenger 
        rail corridor planning or project-specific, intercity passenger 
        rail planning purposes; or
            ``(2) for funding rail projects otherwise eligible under 
        section 22907 if no intercity passenger rail planning is 
        feasible.
    ``(b) Limitation of Funds.--Any unobligated balances of a grant 
under this section remaining after 3 years from the fiscal year in 
which the grant was made shall be redistributed in an appropriate 
portion.
    ``(c) Definitions.--In this section:
            ``(1) Appropriate portion.--The term `appropriate portion' 
        means a share, for each State--
                    ``(A) one quarter of which is comprised of the 
                ratio that the total railroad route miles in such State 
                bears to the total railroad route miles in the United 
                States, excluding from each such total the route miles 
                used exclusively for tourist excursions;
                    ``(B) one quarter of which is comprised of the 
                ratio that the population in such State bears to the 
                total population of the United States, as determined by 
                the Bureau of the Census; and
                    ``(C) half of which is comprised of the ratio that 
                the Amtrak ridership for fiscal year 2019 in each State 
                bears to the total Amtrak ridership for fiscal year 
                2019.
            ``(2) State.--The term `State' means each of the 50 States 
        and the District of Columbia.''.
    (b) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code, is further amended by adding at the end the end the 
following:

``22911. State rail planning formula funds.''.

                     TITLE IV--COMMUTER RAIL POLICY

SEC. 9401. SURFACE TRANSPORTATION BOARD MEDIATION OF TRACKAGE USE 
              REQUESTS.

    Section 28502 of title 49, United States Code, is amended to read 
as follows:
``Sec. 28502. Surface Transportation Board mediation of trackage use 
              requests
    ``A rail carrier shall provide good faith consideration to a 
reasonable request from a provider of commuter rail passenger 
transportation for access to trackage and provision of related 
services. If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a rail carrier to 
use trackage of, and have related services provided by, the rail 
carrier for purposes of commuter rail passenger transportation, the 
public transportation authority or the rail carrier may apply to the 
Board for nonbinding mediation. In any case in which dispatching for 
the relevant trackage is controlled by a rail carrier other than the 
trackage owner, both shall be subject to the requirements of this 
section and included in the Board's mediation process. The Board shall 
conduct the nonbinding mediation in accordance with the mediation 
process of section 1109.4 of title 49, Code of Federal Regulations, as 
in effect on the date of enactment of the TRAIN Act. During such 
mediation process, the Board shall determine whether the consideration 
a rail carrier provided to a request was in good faith and whether the 
request from a provider of commuter rail passenger transportation was 
reasonable. The determinations made in the preceding sentence shall 
have no effect on the nonbinding nature of the mediation.''.

SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION OF RIGHTS-OF-WAY USE 
              REQUESTS.

    Section 28503 of title 49, United States Code, is amended to read 
as follows:
``Sec. 28503. Surface Transportation Board mediation of rights-of-way 
              use requests
    ``A rail carrier shall provide good faith consideration to a 
reasonable request from a provider of commuter rail passenger 
transportation for access to rail right-of-way for the construction and 
operation of a segregated fixed guideway facility. If, after a 
reasonable period of negotiation, a public transportation authority 
cannot reach agreement with a rail carrier to acquire an interest in a 
railroad right-of-way for the construction and operation of a 
segregated fixed guideway facility to provide commuter rail passenger 
transportation, the public transportation authority or the rail carrier 
may apply to the Board for nonbinding mediation. In any case in which 
dispatching for the relevant trackage is controlled by a rail carrier 
other than the right-of-way owner, both shall be subject to the 
requirements of this section and included in the Board's mediation 
process. The Board shall conduct the nonbinding mediation in accordance 
with the mediation process of section 1109.4 of title 49, Code of 
Federal Regulations, as in effect on the date of enactment of the TRAIN 
Act. During such mediation process, the Board shall determine whether 
the consideration a rail carrier provided to a request was in good 
faith and whether the request from a provider of commuter rail 
passenger transportation was reasonable. The determinations made in the 
preceding sentence shall have no effect on the nonbinding nature of the 
mediation.''.

                          TITLE V--RAIL SAFETY

                Subtitle A--Passenger and Freight Safety

SEC. 9501. STUDY ON SAFETY IMPACT OF LONG TRAINS.

    (a) Study.--The Secretary of Transportation shall conduct a study 
on the safety impacts of the operation of long trains.
    (b) Contents.--The study conducted under subsection (a) shall 
include--
            (1) an examination of any potential risks of the operation 
        of long trains and recommendations on mitigation of any such 
        risks;
            (2) among other safety factors with respect to the 
        operation of such trains, an evaluation of any--
                    (A) potential risk of loss of communications 
                between an end-of-train device, or a distributed power 
                unit, and the locomotive cab, including communications 
                over differing terrains and conditions;
                    (B) potential risk of loss of radio communications 
                between crewmembers after a crewmember alights from a 
                train, including communications over differing terrains 
                and conditions;
                    (C) potential risk of derailments, including any 
                risks associated with in-train compressive forces and 
                slack action, or other safety risks in differing 
                terrains and conditions;
                    (D) changes in risks or benefits to safety 
                associated with the deployment of multiple distributed 
                power units in the consists of such trains; and
                    (E) impacts of the length of trains on braking and 
                locomotive performance and track wear and tear; and
            (3) an evaluation of whether additional engineer and 
        conductor training is required for safely operating such 
        trains.
    (c) Collaboration.--In conducting the study required under 
subsection (a), the Secretary shall collaborate with railroad carriers, 
labor organizations representing railroad employees, and railroad 
safety technology manufacturers.
    (d) Results of Study.--
            (1) Report.--Not later than 24 months after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report that contains--
                    (A) the results of the study required by subsection 
                (a);
                    (B) any recommendations for mitigating safety risks 
                caused by long trains; and
                    (C) a description of any action the Secretary 
                intends to take to address any safety risk identified 
                in the study.
            (2) Sharing study results.--After submitting the report 
        required by paragraph (1), the Secretary shall share the 
        results of the study with railroad carriers, labor 
        organizations representing railroad employees, and safety 
        technology organizations.
    (e) Secretary Action.--Not later than 180 days after the date on 
which the report required by subsection (d)(1) is submitted, the 
Secretary shall implement any proposed actions described in such 
report.
    (f) Definition.--In this section, the term ``long train'' means a 
freight train composed of more than 150 rail cars.
    (g) Funding.--From the amounts made available for fiscal year 2021 
to carry out section 20117(a) of title 49, United States Code, the 
Secretary shall expend not less than $1,000,000 and not more than 
$2,000,000 to carry out this section.

SEC. 9502. FRA SAFETY REPORTING.

    (a) In General.--Section 20901 of title 49, United States Code, is 
amended by inserting ``(including the train length, the number of crew 
members in the controlling locomotive cab, and the duties of such crew 
members)'' after ``reported accident or incident''.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to carry out the amendment made by 
subsection (a).
    (c) Trend Analysis.--
            (1) In general.--Chapter 209 of title 49, United States 
        Code, is amended by adding at the end the following:
``Sec. 20904. Trend analysis
    ``(a) Annual Review and Analysis.--Not later than 1 year after the 
date of enactment of the TRAIN Act, and not less frequently than 
annually thereafter, the Secretary shall review the reports filed by a 
railroad carrier subject to section 20901(a) and analyze the data 
contained in such reports for trends or patterns of potential safety 
risks.
    ``(b) Secretary Action.--If the Secretary identifies any such 
trends or patterns, the Secretary shall--
            ``(1) take such actions as are necessary to address the 
        potential safety risk; and
            ``(2) if appropriate, communicate any such trends or 
        patterns to a representative of any relevant railroad carrier 
        and a representative of the employees of such railroad carrier, 
        including any nonprofit employee labor organization 
        representing a craft or class of employees subject to the 
        potential safety risk.''.
            (2) Clerical amendment.--The analysis for chapter 209 of 
        title 49, United States Code, is amended by adding at the end 
        the following:

``20904. Trend analysis.''.
    (d) Accident and Incident Reporting.--Section 209 of the Rail 
Safety Improvement Act of 2008 (49 U.S.C. 20901 note) is amended by 
inserting ``, and other events required to be reported under part 225 
of title 49, Code of Federal Regulations,'' after ``collisions and 
fatalities''.

SEC. 9503. WAIVER NOTICE REQUIREMENTS.

    Section 20103(d) of title 49, United States Code, is amended to 
read as follows:
    ``(d) Nonemergency Waivers.--
            ``(1) In general.--The Secretary may waive or suspend 
        compliance with any part of a regulation prescribed or order 
        issued under this chapter if the waiver or suspension is in the 
        public interest and consistent with railroad safety.
            ``(2) Notice required.--The Secretary shall--
                    ``(A) provide timely public notice of any request 
                for a waiver or suspension under this subsection;
                    ``(B) make the application for such waiver or 
                suspension and any related underlying data available to 
                interested parties;
                    ``(C) provide the public with notice and a 
                reasonable opportunity to comment on a proposed waiver 
                or suspension under this subsection before making a 
                final decision; and
                    ``(D) make public the reasons for granting a waiver 
                or suspension under this subsection.
            ``(3) Information protection.--Nothing in this subsection 
        shall be construed to require the release of information 
        protected by law from public disclosure.''.

SEC. 9504. NOTICE OF FRA COMPREHENSIVE SAFETY CULTURE ASSESSMENTS.

    (a) Initial Notice.--If the Federal Railroad Administration 
initiates a comprehensive safety culture assessment of an entity 
providing regularly scheduled intercity or commuter rail passenger 
transportation, the Administration shall notify in electronic format 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate of such comprehensive safety culture 
assessment not later than 10 business days after the date on which 
commencement of any field investigation activity that is part of such 
assessment occurs.
    (b) Findings.--Not later than 180 days after completion of a 
comprehensive safety culture assessment described in subsection (a), 
the Federal Railroad Administration shall transmit in electronic format 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a summary report of the findings of such 
assessment.
    (c) Definition of Comprehensive Safety Culture Assessment.--In this 
section, the term ``comprehensive safety culture assessment'' means a 
focused review initiated and managed by the Federal Railroad 
Administration based on findings from an accident investigation and 
involving at least 2 technical disciplines, with the purpose of 
examining the safety culture of an entity providing regularly scheduled 
intercity or commuter rail passenger transportation.

SEC. 9505. FRA ACCIDENT AND INCIDENT INVESTIGATIONS.

    Section 20902 of title 49, United States Code, is amended--
            (1) in subsection (b) by striking ``subpena'' and inserting 
        ``subpoena'';
            (2) in subsection (c) by inserting ``The Secretary shall 
        develop a process to make available to a representative of the 
        railroad carrier that is the subject of an accident or incident 
        investigation, and to a representative of the employees of such 
        railroad carrier, including a nonprofit employee labor 
        organization representing railroad workers, a draft 
        investigation report for timely review and comment.'' after the 
        period at the end; and
            (3) by adding at the end the following:
    ``(d) Gathering Information and Technical Expertise.--
            ``(1) In general.--The Secretary shall create a standard 
        process for investigators to use during accident and incident 
        investigations conducted under this section to--
                    ``(A) gather information about an accident or 
                incident under investigation from railroad carriers, 
                contractors or employees of railroad carriers or 
                representatives of employees of railroad carriers, and 
                others determined relevant by the Secretary; and
                    ``(B) consult with railroad carriers, contractors 
                or employees of railroad carriers or representatives of 
                employees of railroad carriers, and others determined 
                relevant by the Secretary, for technical expertise on 
                the facts of the accident or incident under 
                investigation.
            ``(2) Confidentiality.--In developing the process under 
        paragraph (1), the Secretary shall factor in ways to maintain 
        the confidentiality of any entity identified under paragraph 
        (1) if--
                    ``(A) such entity requests confidentiality;
                    ``(B) such entity was not involved in the accident 
                or incident; and
                    ``(C) maintaining such entity's confidentiality 
                does not adversely affect an investigation of the 
                Federal Railroad Administration.
            ``(3) Application of law.--This subsection shall not apply 
        to any investigation carried out by the National Transportation 
        Safety Board.''.

SEC. 9506. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 20169. Freight train crew size safety standards
    ``(a) Minimum Crew Size.--No freight train may be operated unless 
such train has a 2-person crew of at least 1 appropriately qualified 
and certified conductor and one appropriately qualified and certified 
locomotive engineer.
    ``(b) Exceptions.--Except as provided in subsection (d), the 
prohibition in subsection (a) shall not apply in any of the following 
circumstances:
            ``(1) Train operations on track that is not a main line 
        track.
            ``(2) A train operated--
                    ``(A) by a railroad carrier that has fewer than 
                400,000 total employee work hours annually and less 
                than $40,000,000 annual revenue (adjusted for inflation 
                as measured by the Surface Transportation Board 
                Railroad Inflation-Adjusted Index);
                    ``(B) at a speed of not more than 25 miles per 
                hour; and
                    ``(C) on a track with an average track grade of 
                less than 2 percent for any segment of track that is at 
                least 2 continuous miles.
            ``(3) Locomotives performing assistance to a train that has 
        incurred mechanical failure or lacks the power to traverse 
        difficult terrain, including traveling to or from the location 
        where assistance is provided.
            ``(4) Locomotives that--
                    ``(A) are not attached to any equipment or attached 
                only to a caboose; and
                    ``(B) do not travel farther than 30 miles from the 
                point of origin of such locomotive.
            ``(5) Train operations staffed with fewer than a two-person 
        crew at least 1 year prior to the date of enactment of this 
        section, if the Secretary determines that the operation 
        achieves an equivalent level of safety.
    ``(c) Trains Ineligible for Exception.--The exceptions under 
subsection (b) may not be applied to--
            ``(1) a train transporting 1 or more loaded cars carrying 
        material toxic by inhalation, as defined in section 171.8 of 
        title 49, Code of Federal Regulations;
            ``(2) a train carrying 20 or more loaded tank cars of a 
        Class 2 material or a Class 3 flammable liquid in a continuous 
        block or a single train carrying 35 or more loaded tank cars of 
        a Class 2 material or a Class 3 flammable liquid throughout the 
        train consist; or
            ``(3) a train with a total length of 7,500 feet or greater.
    ``(d) Waiver.--A railroad carrier may seek a waiver of the 
requirements of this section pursuant to section 20103(d).''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is amended by adding at the end 
the following:

``20169. Freight train crew size safety standards.''.

SEC. 9507. BORDER CROSSINGS.

    (a) Border Crossings.--The Secretary of Transportation shall 
require that--
            (1) any railroad carrier that is operating a freight train 
        across the southern border into the United States operates the 
        train continually until the last car of the train passes 
        through the scanning facility used for nonintrusive inspection 
        by U.S. Customs and Border Protection located at such border;
            (2) when the last car of such train passes through such 
        facility, the railroad carrier shall stop such train to conduct 
        a crew interchange and any federally-mandated safety testing; 
        and
            (3) the railroad carrier ensures that the only individuals 
        that operate such trains after carrying out the activities 
        described in paragraph (2) are individuals--
                    (A) who are United States nationals or aliens 
                lawfully admitted for permanent residence in the United 
                States; and
                    (B) whose primary reporting point is in the United 
                States.
    (b) Funding.--
            (1) Set-aside.--From the amounts made available to carry 
        out section 22907 of title 49, United States Code, the 
        Secretary shall set aside, for each of fiscal years 2022 
        through 2026, $60,000,000 for projects to prevent blocked 
        crossing incidents as a result of operations made necessary by 
        subsection (a). Projects eligible for funding under this 
        paragraph are--
                    (A) highway-rail grade crossing separation projects 
                eligible under such section that are located not 
                further than 1.5 miles from a scanning facility 
                described in subsection (a)(1); and
                    (B) projects eligible under such section to 
                relocate a rail line to prevent blocked crossing 
                incidents resulting from trains crossing the southern 
                border.
            (2) Unobligated funds.--Any funds provided under paragraph 
        (1) that are unobligated at the end of the second fiscal year 
        following the fiscal year in which such funds are set aside may 
        be used for any eligible project under section 22907.
    (c) Agreement.--The Secretary shall ensure that a recipient of 
funds made available under subsection (b)(1)(A) has a written agreement 
with any railroad carrier operating over the infrastructure constructed 
or improved with such funds that includes a requirement that any such 
railroad carrier may not operate trains over such infrastructure that, 
due to the length of the train, are likely to cause blocked crossing 
incidents.
    (d) Rule of Construction.--Nothing in this section shall be 
construed as amending any safety regulation of the Federal Railroad 
Administration or amending or revoking any waivers such Administration 
has granted under section 20103 of title 49, United States Code.
    (e) Definitions.--In this section:
            (1) Railroad carrier.--The term ``railroad carrier'' has 
        the meaning given such term in section 20102 of title 49, 
        United States Code.
            (2) Southern border.--The term ``southern border'' means 
        the international border between the United States and Mexico.
            (3) Blocked crossing incident.--The term ``blocked crossing 
        incident'' has the meaning given such term in section 20174(f) 
        of title 49, United States Code.

SEC. 9508. YARDMASTERS HOURS OF SERVICE.

    (a) Limitations on Duty Hours of Yardmaster Employees.--Section 
21103 of title 49, United States Code, is amended--
            (1) in the section heading by inserting ``and yardmaster 
        employees'' after ``train employees'';
            (2) by inserting ``or yardmaster employee'' after ``train 
        employee'' each place it appears; and
            (3) in subsection (e) by inserting ``or yardmaster 
        employee's'' after ``During a train employee's''.
    (b) Definitions.--Section 21101 of title 49, United States Code, is 
amended--
            (1) in paragraph (3) by inserting ``a yardmaster 
        employee,'' after ``dispatching service employee,''; and
            (2) by adding at the end the following:
                    ``(6) `yardmaster employee' means an individual 
                responsible for supervising and coordinating the 
                control of trains and engines operating within a rail 
                yard.''.
    (c) Conforming Amendment.--The analysis for chapter 211 of title 
49, United States Code, is amended by striking the item relating to 
section 21103 and inserting the following:

``21103. Limitations on duty hours of train employees and yardmaster 
                            employees.''.

SEC. 9509. LEAKING BRAKES.

    (a) In General.--The Administrator of the Federal Railroad 
Administration shall take such actions as are necessary to prohibit the 
use of any service air brake control valve or emergency air brake 
control valve in any location north of the 37th parallel during the 
period beginning on November 1 and ending on March 31 of any year if--
            (1) the period between the date on which the air brake 
        control valve is in use and the date of the manufacture or 
        recondition of such valve exceeds 15 years; and
            (2) the air brake control valve is operated in--
                    (A) a unit train on or after August 1, 2023;
                    (B) a train transporting 1 or more materials 
                poisonous by inhalation, as such term is defined in 
                section 171.8 of title 49, Code of Federal Regulations, 
                on or after August 1, 2023; or
                    (C) a non-unit train on or after August 1, 2025.
    (b) Reports.--Not later than 1 year after the date of enactment of 
this Act, and every year thereafter until air brake control valves 
described in subsection (a) are no longer operating in trains as 
required under subparagraphs (A) and (B) of subsection (a)(1), the 
Administrator shall transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report that 
identifies--
            (1) the estimated number of such air brake control valves 
        in use on--
                    (A) unit trains operating north of the 37th 
                parallel between November 1 and April 1; and
                    (B) trains transporting 1 or more material 
                poisonous-by-inhalation operating north of the 37th 
                parallel during the period beginning on November 1 and 
                ending on March 31;
            (2) any issues affecting the industry's progress toward 
        ensuring that such air brake control valves are phased out in 
        accordance with the requirements of subsection (a); and
            (3) efforts the Administrator has taken since the previous 
        report to ensure such air brake control valves are phased out 
        in accordance with the requirements of subsection (a).

SEC. 9510. REPORT ON PTC SYSTEM FAILURES.

    Section 20157 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(m) Report of System Failures.--The Secretary shall require 
railroad carriers and other entities subject to subsection (a) to 
regularly report to the Secretary failures of positive train control 
systems. The Secretary shall prescribe the type of failure, format, 
interval, and detail required for reports submitted under this 
subsection.''.

SEC. 9511. FATIGUE REDUCTION MANAGEMENT PLANS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue final 
regulations on fatigue management plans based on the notice of proposed 
rulemaking published on December 22, 2020, titled ``Fatigue Risk 
Management Programs for Certain Passenger and Freight Railroads'' (85 
Fed. Reg. 83484; Docket No. FRA-2015-0122).
    (b) Monitoring.--
            (1) Fatigue as cause or contributing factor.--If a Federal 
        Railroad Administration railroad accident or incident 
        investigation conducted under section 20902 of title 49, United 
        States Code, identifies that fatigue was a casual or 
        contributing factor to an accident or incident, the Secretary 
        may reopen a fatigue management plan of a passenger railroad 
        operation or a railroad subject to part 270 or part 271, 
        respectively, of title 49, Code of Federal Regulations.
            (2) Fatigue as systemic issue.--If the Secretary determines 
        that fatigue is a systemic issue for a passenger railroad 
        operation or railroad, the Secretary shall reopen a fatigue 
        management plan of such passenger railroad operation or a 
        railroad subject to part 270 or part 271, respectively, of 
        title 49, Code of Federal Regulations.
            (3) Reopening of fatigue management plan.--If the Secretary 
        reopens a fatigue management plan under paragraph (1) or (2), 
        the Secretary shall--
                    (A) consider whether any statement filed under 
                sections 270.208(e) and 271.207(e) of title 49, Code of 
                Federal Regulations, addressed such plan; and
                    (B) consult with employees, including labor 
                organizations representing railroad employees, of the 
                passenger railroad operation or railroad that has a 
                reopened fatigue management plan.

SEC. 9512. ASSAULT PREVENTION AND RESPONSE PLANS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20170. Assault prevention and response plans
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the TRAIN Act, any entity that provides regularly 
scheduled intercity or commuter rail passenger transportation shall 
submit to the Secretary of Transportation for review and approval an 
assault prevention and response plan (in this section referred to as 
the `Plan') to address transportation assaults.
    ``(b) Contents of Plan.--The Plan required under subsection (a) 
shall include--
            ``(1) procedures that--
                    ``(A) facilitate the reporting of a transportation 
                assault, including the notification of on-site 
                personnel, rail law enforcement, and local law 
                enforcement;
                    ``(B) personnel should follow up on the reporting 
                of a transportation assault, including actions to 
                protect affected individuals from continued assault;
                    ``(C) may be taken to remove the passenger or 
                personnel who has committed a transportation assault 
                from the train or related area or facility as soon as 
                practicable when appropriate;
                    ``(D) include protections and safe reporting 
                practices for passengers who may have been assaulted by 
                personnel; and
                    ``(E) may limit or prohibit, to the extent 
                practicable, future travel with the entity described in 
                subsection (a) by any passenger or personnel who 
                commits a transportation assault against personnel or 
                passengers;
            ``(2) a policy that ensures an employee who is a victim or 
        witness of a transportation assault may participate in the 
        prosecution of a criminal offense of such assault without any 
        adverse effect on the victim's or witnesses' employment status; 
        and
            ``(3) a process and timeline for conducting an annual 
        review and update of the Plan.
    ``(c) Notice to Passengers.--An entity described under subsection 
(a) shall display onboard trains and in boarding areas, as appropriate, 
a notice stating the entity's abilities to restrict future travel under 
subsection (b)(1)(E).
    ``(d) Personnel Training.--An entity described under subsection (a) 
shall provide initial and annual training for all personnel on the 
contents of the Plan, including training regarding--
            ``(1) the procedures described in subsection (b);
            ``(2) methods for responding to hostile situations, 
        including de-escalation training; and
            ``(3) rights and responsibilities of personnel with respect 
        to a transportation assault on themselves, other personnel, or 
        passengers.
    ``(e) Personnel Participation.--The Plan required under subsection 
(a) shall be developed and implemented with the direct participation of 
personnel, and, as applicable, labor organizations representing 
personnel.
    ``(f) Reporting.--
            ``(1) Incident notification.--
                    ``(A) In general.--Not later than 10 days after a 
                transportation assault incident, the applicable entity 
                described in subsection (a) shall notify personnel 
                employed at the location in which the incident 
                occurred. In the case of an incident on a vehicle, such 
                entity shall notify personnel regularly scheduled to 
                carry out employment activities on the service route on 
                which the incident occurred.
                    ``(B) Content of incident report.--The notification 
                required under paragraph (1) shall--
                            ``(i) include a summary of the incident; 
                        and
                            ``(ii) be written in a manner that protects 
                        the confidentiality of individuals involved in 
                        the incident.
            ``(2) Annual report.--For each calendar year, each entity 
        with respect to which a transportation assault incident has 
        been reported during such year shall submit to the Secretary a 
        report that describes--
                    ``(A) the number of assault incidents reported to 
                the entity, including--
                            ``(i) the number of incidents committed 
                        against passengers; and
                            ``(ii) the number of incidents committed 
                        against personnel; and
                    ``(B) the number of assault incidents reported to 
                rail or local law enforcement by personnel of the 
                entity.
            ``(3) Publication.--The Secretary shall make available to 
        the public on the primary website of the Federal Railroad 
        Administration the data collected under paragraph (2).
            ``(4) Data protection.--Data made available under this 
        subsection shall be made available in a manner that protects 
        the confidentiality of individuals involved in transportation 
        assault incidents.
    ``(g) Definition of Transportation Assault.--In this section, the 
term `transportation assault' means the occurrence, or reasonably 
suspected occurrence, of an act that--
            ``(1) constitutes assault;
            ``(2) is committed by a passenger or member of personnel of 
        an entity that provides regularly scheduled intercity or 
        commuter rail passenger transportation against another 
        passenger or member of personnel of such entity; and
            ``(3) takes place--
                    ``(A) within a vehicle of such entity; or
                    ``(B) in an area in which passengers are entering 
                or exiting a vehicle described in subparagraph (A); or
                    ``(C) at a station or facility where such entity 
                operates, regardless of ownership of the station or 
                facility.''.
    (b) Conforming Amendment.--The analysis for subchapter II of 
chapter 201 of title 49, United States Code, as amended by this 
division, is further amended by adding at the end the following:

``20170. Assault prevention and response plans.''.

SEC. 9513. CRITICAL INCIDENT STRESS PLANS.

    The Secretary of Transportation shall issue such regulations as are 
necessary to amend part 272 of title 49, Code of Federal Regulations, 
to ensure that--
            (1) the coverage of a critical incident stress plan under 
        section 272.7 of such part includes directly involved employees 
        of commuter railroads and intercity passenger railroads, as 
        such terms are defined in section 272.9 of such part; and
            (2) assault and the witnessing of an assault against an 
        employee or train passenger is included in the definition of 
        critical incident under section 272.9 of such part.

SEC. 9514. CREWMEMBER CERTIFICATION AND QUALIFICATION.

    (a) Audit of Programs.--
            (1) In general.--Subchapter II of chapter 201 of title 49, 
        United States Code, as amended by this division, is further 
        amended by adding at the end the following:
``Sec. 20171. Audit of qualification and certification programs
    ``(a) In General.--Not later than 1 year after the date of 
enactment of the TRAIN Act, and not less frequently than every 5 years 
thereafter, the Secretary shall conduct an audit of--
            ``(1) the qualification and certification program of 
        locomotive engineers of each Class I railroad carrier subject 
        to the requirements of part 240 of title 49, Code of Federal 
        Regulations; and
            ``(2) the qualification and certification program of 
        conductors of each Class I railroad carrier subject to the 
        requirements of part 242 of title 49, Code of Federal 
        Regulations.
    ``(b) Contents of Audit.--In carrying out the audit required under 
subsection (a), the Secretary shall--
            ``(1) consider whether the training, qualification, and 
        continuing education components of the programs described in 
        subsection (a) comply with regulations in parts 240 and 242 of 
        title 49, Code of Federal Regulations;
            ``(2) assess the quality of the training that railroad 
        carriers provide locomotive engineers and conductors under such 
        programs;
            ``(3) determine whether such programs provide locomotive 
        engineers and conductors the knowledge, skill, and ability to 
        safely operate the types of locomotives or trains a railroad 
        carrier may require a locomotive engineer and conductor to 
        operate, including all associated technology used on such 
        locomotives or trains;
            ``(4) determine whether the training, qualification, and 
        continuing education components of such programs reflect the 
        operating practices of the railroad carrier carrying out such 
        components;
            ``(5) assess whether a railroad carrier conducting such 
        programs provides locomotive engineers or conductors adequate 
        at-controls training before certification; and
            ``(6) address any other safety issues the Secretary 
        determines appropriate for preparing locomotive engineers and 
        conductors.
    ``(c) Deficiency in Qualification and Certification Program.--If, 
in conducting the audit required under this section, the Secretary 
identifies a deficiency in a railroad carrier's qualification and 
certification program of locomotive engineers or the qualification and 
certification program of conductors, the Secretary shall require the 
railroad carrier to update such program to eliminate the deficiency.
    ``(d) Consultation.--In conducting the audit required under this 
section, the Secretary shall consult with representatives of each 
railroad carrier and representatives of the employees of the railroad 
carrier, including any nonprofit employee labor organization 
representing engineers or conductors of the railroad carrier.
    ``(e) Cooperation.--
            ``(1) In general.--A railroad carrier and employees of the 
        railroad carrier, including any nonprofit employee labor 
        organization representing engineers or conductors of the 
        railroad carrier, shall cooperate fully with the Secretary 
        during an audit required under this section.
            ``(2) Documents; interviews.--A railroad carrier shall 
        provide any documents requested by the Secretary or make 
        available any employee for interview with the Secretary without 
        undue delay or obstruction.
    ``(f) Report to Congress.--Not later than 90 days after the date on 
which the Secretary completes an audit under subsection (a), the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report that 
summarizes the results of the audit.''.
            (2) Clerical amendment.--The analysis for subchapter II of 
        chapter 201 of title 49, United States Code, as amended by this 
        division, is further amended by adding at the end the 
        following:

``20171. Audit of qualification and certification programs.''.
    (b) Review of Regulations.--
            (1) In general.--The Secretary of Transportation shall 
        determine whether any update to part 240 or 242, of title 49, 
        Code of Federal Regulations, is necessary to prepare locomotive 
        engineers and conductors to safely operate trains.
            (2) Requirements.--In making a determination under 
        paragraph (1), the Secretary shall--
                    (A) evaluate, taking into account the requirements 
                of section 20169 of title 49, United States Code, 
                whether such parts establish Federal standards for 
                railroad carriers to--
                            (i) provide locomotive engineers and 
                        conductors the knowledge, skill and ability to 
                        safely operate trains under conditions that 
                        reflect industry practices;
                            (ii) adequately address locomotive engineer 
                        and conductor situational awareness;
                            (iii) require adequate at-controls training 
                        before a locomotive engineer or conductor is 
                        certified;
                            (iv) adequately prepare locomotive 
                        engineers and conductors to understand all 
                        locomotive operating characteristics;
                            (v) sufficiently require locomotive 
                        engineers and conductors to demonstrate 
                        knowledge on the physical characteristics of a 
                        territory under various conditions and using 
                        various resources; and
                            (vi) address any other safety issue the 
                        Secretary determines appropriate for better 
                        preparing locomotive engineers and conductors; 
                        and
                    (B) consider the results of the audit required by 
                section 20171 of title 49, United States Code.
            (3) Report to congress.--Not later than 180 days after the 
        date on which the Secretary submits the report required under 
        section 20171(f) of title 49, United States Code, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report that includes the findings of the review 
        required under paragraph (1) and a description of any action 
        the Secretary intends to take to improve, or increase the 
        effectiveness of the requirements of, part 240 or 242 of title 
        49, Code of Federal Regulations.
            (4) Rulemaking.--If the Secretary determines under 
        paragraph (1) that any update to part 240 or 242 is necessary 
        to prepare locomotive engineers or conductors to safely operate 
        locomotives or trains, the Secretary shall issue a rulemaking 
        to carry out such update.
            (5) Application of law.--Any action the Secretary takes as 
        a result of a determination made under paragraph (1) shall be 
        consistent with section 20169 of title 49, United States Code.
            (6) Definition of railroad carrier.--In this subsection, 
        the term ``railroad carrier'' has the meaning given such term 
        in section 20102 of title 49, United States Code.

SEC. 9515. SAFETY MANAGEMENT TEAM COMMUNICATION.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20172. Safety management team communication
    ``The Administrator of the Federal Railroad Administration shall 
implement a process for the communication of information between safety 
management teams of the Administration and railroad employees, 
including any nonprofit employee labor organization representing 
railroad employees. Such process shall include a reasonable timeframe 
for a safety management team to respond to communication from such 
railroad employees.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, as amended by this division, is 
further amended by adding at the end the following:

``20172. Safety management team communication.''.

SEC. 9516. GAO STUDY ON REORGANIZATION OF OFFICE OF RAILROAD SAFETY.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study comparing the Office of Railroad Safety of the Federal 
Railroad Administration before and after the reorganization of such 
Office that took effect on June 8, 2020.
    (b) Contents.--The study conducted under subsection (a) shall 
evaluate--
            (1) the differences in the structure of the Office before 
        and after such reorganization;
            (2) any differences in the communication between the Office 
        and railroad carriers and the employees of railroad carriers 
        before and after such reorganization;
            (3) any differences in the communication between Federal 
        Railroad Administration safety inspectors and other specialists 
        before and after such reorganization, and the impacts of such 
        differences;
            (4) whether the structure before or after such 
        reorganization better protects against regulatory capture;
            (5) whether the structure before or after such 
        reorganization is better at promoting and ensuring safety;
            (6) whether the structure before or after such 
        reorganization more closely resembles the structure of other 
        Department of Transportation modal agencies that have 
        enforcement authority similar to the Federal Railroad 
        Administration; and
            (7) any other issues the Comptroller General determines are 
        relevant.
    (c) Information Collection.--In conducting the study required under 
this section, the Comptroller General shall collect information from 
the following entities:
            (1) The Federal Railroad Administration.
            (2) Freight rail carriers and passenger rail carriers.
            (3) Employees of freight rail carriers and passenger rail 
        carriers.
            (4) Other entities the Comptroller General determines are 
        relevant.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report that includes the findings of the study conducted under 
subsection (a) and any recommendations for improving safety and 
communication between the Office of Railroad Safety and the entities 
identified in paragraphs (2) and (3) of subsection (c).

SEC. 9517. OPEN-TOP RAIL CAR PUBLIC INPUT.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Federal Railroad Administration shall initiate a 
public process to seek input on addressing safety risks, spills, 
emissions, odors, and other public nuisances associated with top 
loading rail cars, open-top hoppers, and gondolas, including evaluating 
the feasibility of a requirement that such rail cars be covered while 
in transportation, including while being held, delayed, or transferred.

SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.

    (a) In General.--Subchapter I of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 20122. New passenger service pre-revenue safety validation plan
    ``(a) Safety Validation Plan.--
            ``(1) In general.--The Secretary of Transportation shall 
        require a covered entity to submit to the Secretary a safety 
        validation plan to ensure the safe operation of--
                    ``(A) a new intercity rail passenger transportation 
                or commuter rail passenger transportation service;
                    ``(B) an intercity rail passenger transportation or 
                commuter rail passenger transportation route that has 
                not been in revenue service for a period of more than 
                180 days; or
                    ``(C) an extension of an existing intercity rail 
                passenger transportation or commuter rail passenger 
                transportation route.
            ``(2) Submission.--A covered entity shall submit a safety 
        validation plan required under paragraph (1) not later than 30 
        days before the date on which such entity begins revenue 
        service of a service or route described in paragraph (1).
    ``(b) Requirements.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of the TRAIN Act, the Secretary shall establish the 
        requirements of the safety validation plan described under 
        subsection (a), including adequate training of all relevant 
        personnel and a minimum period of simulated service to ensure 
        operational readiness.
            ``(2) Prohibition of service.--The Secretary shall prohibit 
        a covered entity from beginning a service described in 
        subsection (a)(1) until the entity is in full compliance with 
        the safety validation plan required by such subsection.
    ``(c) Amendment to Safety Validation Plan.--
            ``(1) In general.--The Secretary shall require a covered 
        entity to submit to the Secretary for review and approval any 
        proposed amendment to a safety validation plan required under 
        subsection (a).
            ``(2) Review and approval.--Not later than 5 working days 
        after the date on which the Secretary receives a proposed 
        amendment submitted under paragraph (1), the Secretary shall 
        review and approve or deny such proposed amendment.
            ``(3) Notification.--If the Secretary does not approve a 
        proposed amendment submitted under this subsection, the 
        Secretary shall provide written notice to the covered entity of 
        the specific areas in which the proposed amendment is 
        deficient. An entity may correct such deficiencies and reapply 
        for review and approval under this subsection.
    ``(d) Definitions.--In this section:
            ``(1) Covered entity.--The term `covered entity' means an 
        entity providing regularly scheduled railroad transportation 
        that is intercity rail passenger transportation or commuter 
        rail passenger transportation.
            ``(2) Intercity rail passenger transportation; commuter 
        rail passenger transportation.--The terms `intercity rail 
        passenger transportation' and `commuter rail passenger 
        transportation' have the meanings given such terms in section 
        24102.''.
    (b) Clerical Amendment.--The analysis for subchapter I of chapter 
201 of title 49, United States Code, is amended by adding at the end 
the following new item:

``20122. New passenger service pre-revenue safety validation plan.''.

SEC. 9519. SAFETY OVERSIGHT OF NONTRADITIONAL AND EMERGING RAIL 
              TECHNOLOGIES.

    (a) In General.--The Secretary of Transportation shall conduct a 
review of the safety regulations of the Federal Railroad Administration 
to determine the applicability of such regulations to nontraditional 
and emerging rail technologies and to identify any gaps in such 
regulations or any challenges to ensuring the safety of such 
technologies.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the findings of the review conducted under subsection (a).
    (c) Contents.--The report required under subsection (b) shall 
include a description of--
            (1) the applicability of safety regulations in effect on 
        the date of enactment of this Act to nontraditional and 
        emerging rail technologies;
            (2) whether gaps in the regulations or other challenges 
        exist that should be addressed in order to ensure the safety of 
        nontraditional and emerging rail technologies;
            (3) any additional regulations that are necessary to ensure 
        the safety of nontraditional and emerging rail technologies; 
        and
            (4) any additional research that may be needed to further 
        evaluate and regulate the safety of nontraditional and emerging 
        rail technologies.
    (d) Public Notice and Comment.--In conducting the review process 
under subsection (a), the Secretary shall provide notice and an 
opportunity for public comment for not less than 60 days.
    (e) Nontraditional and Emerging Rail Technologies Defined.--In this 
section, the term ``nontraditional and emerging rail technologies'' 
means nonhighway ground transportation that runs on electromagnetic 
guideways in a tube, or system of tubes, that operates in a low-
pressure environment.

                   Subtitle B--Grade Crossing Safety

SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20173. Highway-rail grade crossing separation grants
    ``(a) General Authority.--The Secretary of Transportation shall 
make grants under this section to eligible entities to assist in 
funding the cost of highway-rail grade crossing separation projects.
    ``(b) Application Requirements.--To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary an 
application in such form, in such manner, and containing such 
information as the Secretary may require, including--
            ``(1) an agreement between the entity that owns or controls 
        the railroad right-of-way and the applicant addressing access 
        to the railroad right-of-way throughout the project; and
            ``(2) a cost-sharing agreement with the funding amounts 
        that the entity that owns or controls the railroad right-of-way 
        shall contribute to the project, which shall be not less than 
        10 percent of the total project cost.
    ``(c) Eligible Projects.--The following projects are eligible to 
receive a grant under this section:
            ``(1) Installation, repair, or improvement of highway-rail 
        grade crossing separations.
            ``(2) Highway-rail grade crossing elimination incidental to 
        eligible grade crossing separation projects.
            ``(3) Project planning, development, and environmental work 
        related to a project described in paragraph (1) or (2).
    ``(d) Project Selection Criteria.--In awarding grants under this 
section, the Secretary--
            ``(1) shall give priority to projects that maximize the 
        safety benefits of Federal funding; and
            ``(2) may evaluate applications on the safety profile of 
        the existing crossing, 10-year history of accidents at such 
        crossing, inclusion of the proposed project on a State highway-
        rail grade crossing action plan required under section 11401(b) 
        of the FAST Act (49 U.S.C. 22501(b)), average daily vehicle 
        traffic, total number of trains per day, average daily number 
        of crossing closures, the challenges of grade crossings located 
        near international borders, proximity to established emergency 
        evacuation routes, and proximity of community resources, 
        including schools, hospitals, fire stations, police stations, 
        and emergency medical service facilities.
    ``(e) Federal Share of Total Project Costs.--
            ``(1) Total project costs.--The Secretary shall estimate 
        the total costs of a project under this section based on the 
        best available information, including any available engineering 
        studies, studies of economic feasibility, environmental 
        analysis, and information on the expected use of equipment or 
        facilities.
            ``(2) Federal share.--The Federal share for a project 
        carried out under this section shall not exceed 85 percent.
    ``(f) Grant Conditions.--An eligible entity may not receive a grant 
for a project under this section unless such project is in compliance 
with section 22905.
    ``(g) Two-Year Letters of Intent.--
            ``(1) In general.--The Secretary shall, to the maximum 
        extent practicable, issue a letter of intent to a recipient of 
        a grant under this section that--
                    ``(A) announces an intention to obligate for no 
                more than 2 years for a project an amount that is not 
                more than the amount stipulated as the financial 
                participation of the Secretary for the project; and
                    ``(B) states that the contingent commitment--
                            ``(i) is not an obligation of the Federal 
                        Government; and
                            ``(ii) is subject to the availability of 
                        appropriations for grants under this section 
                        and subject to Federal laws in force or enacted 
                        after the date of the contingent commitment.
            ``(2) Congressional notification.--
                    ``(A) In general.--Not later than 3 days before 
                issuing a letter of intent under paragraph (1), the 
                Secretary shall submit written notification to--
                            ``(i) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                            ``(ii) the Committee on Appropriations of 
                        the House of Representatives;
                            ``(iii) the Committee on Appropriations of 
                        the Senate; and
                            ``(iv) the Committee on Commerce, Science, 
                        and Transportation of the Senate.
                    ``(B) Contents.--The notification submitted under 
                subparagraph (A) shall include--
                            ``(i) a copy of the letter of intent;
                            ``(ii) the criteria used under subsection 
                        (d) for selecting the project for a grant; and
                            ``(iii) a description of how the project 
                        meets such criteria.
    ``(h) Appropriations Required.--An obligation or administrative 
commitment may be made under subsection (g) only after amounts are 
appropriated for such purpose.
    ``(i) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State;
                    ``(B) a public agency or publicly chartered 
                authority;
                    ``(C) a metropolitan planning organization;
                    ``(D) a political subdivision of a State; and
                    ``(E) a Tribal government.
            ``(2) Metropolitan planning organization.--The term 
        `metropolitan planning organization' has the meaning given such 
        term in section 134(b) of title 23.
            ``(3) State.--The term `State' means a State of the United 
        States or the District of Columbia.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, as amended by this division, is 
further amended by adding at the end the following:

``20173. Highway-rail grade crossing separation grants.''.

SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT.

    Section 22907 of title 49, United States Code (as amended by this 
Act), is further amended by adding at the end the following new 
subsection:
    ``(o) Rail Safety Public Awareness Grants.--
            ``(1) Grant.--Of the amounts made available to carry out 
        this section, the Secretary shall make grants to nonprofit 
        organizations to carry out public information and education 
        programs to help prevent and reduce rail-related pedestrian, 
        motor vehicle, and other incidents, injuries, and fatalities, 
        and to improve awareness along railroad right-of-way and at 
        railway-highway grade crossings.
            ``(2) Selection.--Programs eligible for a grant under this 
        subsection--
                    ``(A) shall include, as appropriate--
                            ``(i) development, placement, and 
                        dissemination of public service announcements 
                        in appropriate media;
                            ``(ii) school presentations, driver and 
                        pedestrian safety education, materials, and 
                        public awareness campaigns; and
                            ``(iii) disseminating information to the 
                        public on how to identify and report to the 
                        appropriate authorities--
                                    ``(I) unsafe or malfunctioning 
                                highway-rail grade crossings and 
                                equipment; and
                                    ``(II) high-risk and unsafe 
                                behavior and trespassing around 
                                railroad right-of-way; and
                    ``(B) may include targeted and sustained outreach 
                in communities at greatest risk to develop measures to 
                reduce such risk.
            ``(3) Coordination.--Eligible entities shall coordinate 
        program activities with local communities, law enforcement and 
        emergency responders, and railroad carriers, as appropriate, 
        and ensure consistency with State highway-rail grade crossing 
        action plans required under section 11401(b) of the FAST Act 
        (49 U.S.C. 22501 note) and the report titled `National Strategy 
        to Prevent Trespassing on Railroad Property' issued by the 
        Federal Railroad Administration in October 2018.
            ``(4) Prioritization.--In awarding grants under this 
        subsection, the Administrator shall give priority to 
        applications for programs that--
                    ``(A) are nationally recognized;
                    ``(B) are targeted at schools in close proximity to 
                railroad right-of-way;
                    ``(C) partner with nearby railroad carriers; or
                    ``(D) focus on communities with a recorded history 
                of repeated pedestrian and motor vehicle accidents, 
                incidents, injuries, and fatalities at highway-rail 
                grade crossings and along railroad right-of-way.
            ``(5) Applicability.--Section 22905 shall not apply to 
        contracts and agreements made under this subsection.''.

SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC 
              HIGHWAY-RAIL GRADE CROSSINGS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20174. Time limit for blocking public highway-rail grade 
              crossing
    ``(a) Time Limit.--A railroad carrier may not cause a blocked 
crossing incident that is longer than 10 minutes in duration, unless 
the blocked crossing incident is caused by--
            ``(1) a casualty or serious injury;
            ``(2) an accident;
            ``(3) a track obstruction;
            ``(4) actions necessary to comply with Federal rail safety 
        laws, regulations, or orders issued thereunder unless the 
        action to comply could reasonably occur at a different time or 
        location;
            ``(5) actions necessary to adhere to section 24308;
            ``(6) a train fully contained within rail yard limits or 
        fully contained in a rail siding;
            ``(7) an act of God; or
            ``(8) a derailment or a safety appliance equipment failure 
        that prevents the train from advancing.
    ``(b) Investigation of Frequently Blocked Crossings.--For any 
public highway-rail grade crossing that has had 3 or more blocked 
crossing incidents that exceed the time limit set forth in subsection 
(a) and are reported to the blocked crossing database, and such 
incidents have occurred on at least 3 calendar days within a 30-day 
period, the Secretary shall--
            ``(1) provide an electronic notice of the number of 
        reported blocked crossing incidents to the railroad carrier 
        that owns the public highway-rail grade crossing; and
            ``(2) investigate the causes of the blocked crossing 
        incidents; and
            ``(3) investigate possible measures to reduce the frequency 
        and duration of blocked crossing incidents at such grade 
        crossing.
    ``(c) Recordkeeping.--
            ``(1) In general.--A railroad carrier shall, upon receiving 
        a notice under subsection (b), maintain train location data 
        records for the public highway-rail grade crossing that was the 
        subject of the notice.
            ``(2) Contents of records.--The train location data records 
        required under paragraph (1) shall include--
                    ``(A) a list of all blocked crossing incidents at 
                the public highway-rail grade crossing that is the 
                subject of the report exceeding 10 minutes;
                    ``(B) the cause of the blocked crossing incident 
                (to the extent available);
                    ``(C) train length; and
                    ``(D) the estimated duration of each blocked 
                crossing incident.
            ``(3) Consultation.--Beginning on the date on which a 
        railroad carrier receives a notice under subsection (b), the 
        Secretary may consult with the carrier for a period of 60 days 
        to address concerns with blocked crossing incidents at the 
        public highway-rail grade crossing that is the subject of the 
        notice.
            ``(4) Expiration of data collection.--The requirement to 
        maintain records under paragraph (1) shall cease with respect 
        to a public highway-rail grade crossing noticed under 
        subsection (b)(2) if there are no reports submitted to the 
        blocked crossing database for blocked crossing incidents 
        reported to occur at such grade crossing during the previous 
        365 consecutive calendar days.
    ``(d) Civil Penalties.--
            ``(1) In general.--The Secretary may issue civil penalties 
        in accordance with section 21301 to railroad carriers for 
        violations of subsection (a) occurring 60 days after the date 
        of submission of a notice under subsection (b).
            ``(2) Release of records.--Upon the request of, and under 
        requirements set by, the Secretary, railroad carriers shall 
        provide the records maintained pursuant to subsection (c)(1) to 
        the Administrator of the Federal Railroad Administration.
            ``(3) Alternate route exemption.--Civil penalties may not 
        be issued for violations of subsection (a) that occur at a 
        public highway-rail grade crossing if no alternate route 
        created by a public highway-rail grade separation exists within 
        a half mile by road of such public highway-rail grade crossing.
            ``(4) Grade separation project.--Civil penalties may not be 
        issued for violations of subsection (a) if the violation occurs 
        at a public highway-rail grade crossing for which there is a 
        proposed grade separation project--
                    ``(A) that has received written agreement from the 
                relevant local authorities; and
                    ``(B) for which railroad carrier and project 
                funding from all parties has been budgeted.
            ``(5) Considerations.--In determining civil penalties under 
        this section, the Secretary shall consider increased penalties 
        in a case in which a pattern of the blocked crossing incidents 
        continue to cause delays to State or local emergency services.
    ``(e) Application to Amtrak and Commuter Railroads.--This section 
shall not apply to Amtrak or commuter authorities, including Amtrak and 
commuter authorities' operations run or dispatched by a Class I 
railroad.
    ``(f) Definitions.--In this section:
            ``(1) Blocked crossing database.--The term `blocked 
        crossing database' means the national blocked crossing database 
        established under section 20174.
            ``(2) Blocked crossing incident.--The term `blocked 
        crossing incident' means a circumstance in which a train, 
        locomotive, rail car, or other rail equipment is stopped in a 
        manner that obstructs travel at a public highway-rail grade 
        crossing.
            ``(3) Public highway-rail grade crossing.--The term `public 
        highway-rail grade crossing' means a location within a State in 
        which a public highway, road, or street, including associated 
        sidewalks and pathways, crosses 1 or more railroad tracks at 
        grade.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is further amended by adding at 
the end the following new item:

``20174. Time limit for blocking public highway-rail grade crossing.''.

SEC. 9554. NATIONAL BLOCKED CROSSING DATABASE.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20175. National blocked crossing database
    ``(a) Database.--Not later than 45 days after the date of enactment 
of the TRAIN Act, the Secretary of Transportation shall establish a 
national blocked crossings database for the public to report blocked 
crossing incidents.
    ``(b) Public Awareness.--Not later than 60 days after the date of 
enactment of the TRAIN Act, the Secretary shall require each railroad 
carrier to publish the active link to report blocked crossing incidents 
on the website of the national blocked crossings database described in 
subsection (a) on the home page of the publicly-available website of 
the railroad carrier.
    ``(c) Blocked Crossing Incident; Public Highway-rail Grade 
Crossing.--In this section, the terms `blocked crossing incident' and 
`public highway-rail grade crossing' have the meanings given the terms 
in section 20174.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is further amended by adding at 
the end the following new item:

``20175. National blocked crossing database.''.

SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED CROSSING MATTERS.

    Section 20152 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C) by striking ``or'' 
                        at the end;
                            (ii) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                            (iii) by inserting the following after 
                        subparagraph (C):
                    ``(D) blocked crossing incident, as defined in 
                section 20174; or'';
                    (B) in paragraph (4)--
                            (i) by striking ``paragraph (1)(C) or (D)'' 
                        and inserting ``subparagraph (C), (D), or (E) 
                        of paragraph (1)''; and
                            (ii) by striking ``and'' at the end;
                    (C) in paragraph (5) by striking the period at the 
                end and inserting a semicolon ; and
                    (D) by adding at the end the following:
            ``(6) upon receiving a report of a blocked crossing 
        pursuant to paragraph (1)(D), the railroad carrier shall, 
        within 14 days of receipt of the report--
                    ``(A) verify that the public highway-rail grade 
                crossing, as defined in section 20174, was blocked for 
                a period of at least 10 minutes; and
                    ``(B) upon positive verification of the report, 
                enter the report into the national blocked crossings 
                database established in section 20174; and
            ``(7) promptly inform the Secretary of any update to the 
        number maintained under paragraph (1).''; and
            (2) by adding at the end the following:
    ``(c) Publication of Telephone Numbers.--The Secretary shall make 
any telephone number established under subsection (a) publicly 
available on the website of the Department of Transportation.''.

SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall expend 
such sums as are necessary to conduct a comprehensive review of the 
national highway-rail crossing inventory of the Department of 
Transportation established under section 20160 of title 49, United 
States Code.
    (b) Contents.--In conducting the review required under subsection 
(a), the Secretary shall--
            (1) verify the accuracy of the data contained in the 
        inventory described in subsection (a) using mapping 
        technologies and other methods; and
            (2) correct erroneous data in such inventory.
    (c) Report.--Not later than 30 days after the completion of the 
review required under subsection (a), the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report detailing corrections made to the 
inventory described in subsection (a) and the Secretary's plans to 
ensure continued accuracy of such inventory.

SEC. 9557. RAILROAD TRESPASSING ENFORCEMENT GRANTS.

    Section 22907 of title 49, United States Code, is further amended 
by adding at the end the following:
    ``(p) Railroad Trespassing Enforcement Grants.--
            ``(1) In general.--Of the amounts made available under this 
        section, the Secretary may make grants to public law 
        enforcement agencies engaged in, or seeking to engage in, 
        suicide prevention efforts along railroad right-of-way to pay 
        wages of law enforcement personnel to patrol railroad right-of-
        way located in communities at risk for rail trespassing 
        incidents and fatalities.
            ``(2) Prioritization.--In awarding grants under this 
        subsection, the Administrator shall give priority to 
        applications from entities that have jurisdiction within the 
        boundaries of the 10 States with the highest incidence of rail 
        trespass related casualties as reported in the previous fiscal 
        year, as reported by the National Rail Accident Incident 
        Reporting System.
            ``(3) Limitation.--The Secretary shall not award more than 
        3 annual grants under this subsection to the same entity.''.

SEC. 9558. RAILROAD TRESPASSING SUICIDE PREVENTION GRANTS.

    Section 22907 of title 49, United States Code, is further amended 
by adding at the end the following:
    ``(q) Railroad Trespassing Suicide Grants.--
            ``(1) In general.--Of the amounts made available to carry 
        out this section, the Secretary may make grants to eligible 
        entities to implement a public outreach campaign to reduce the 
        number of railroad suicides.
            ``(2) Eligible entity.--In this subsection, the term 
        `eligible entity' means a nonprofit mental health organization 
        engaged in, or seeking to engage in, suicide prevention efforts 
        along railroad right-of-way in partnership with a railroad 
        carrier, as defined in section 20102.''.

SEC. 9559. INCLUDING RAILROAD SUICIDES.

    (a) In General.--Not less than 180 days after the enactment of this 
Act, the Secretary of Transportation shall revise any regulations, 
guidance, or other relevant agency documents to include the number of 
suicides on a railroad crossing or railroad right-of-way in the total 
number of rail fatalities the Secretary reports each year.
    (b) Authority of the Secretary.--In carrying out subsection (a), 
the Secretary may require Federal, State, and local agencies, 
railroads, or other entities to submit such data as necessary.
    (c) Applicability of Rulemaking Requirements.--The requirements of 
section 553 of title 5, United States Code, shall not apply to the 
modification required by subsection (a).

SEC. 9560. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Railroad Administration shall--
            (1) submit to Congress a report on any supplementary safety 
        measures and alternative safety measures not contained in part 
        222 of title 49, Code of Federal Regulations, that can be used 
        to qualify for a Quiet Zone or Partial Quiet Zone; and
            (2) include in the report submitted under paragraph (1)--
                    (A) a summary of the supplementary safety measures 
                and alternative safety measures for which a public 
                authority has requested approval from the Administrator 
                to implement; and
                    (B) an explanation for why such requests were not 
                granted.

                        TITLE VI--MISCELLANEOUS

SEC. 9601. RAIL NETWORK CLIMATE CHANGE VULNERABILITY ASSESSMENT.

    (a) In General.--The Secretary of Transportation shall seek to 
enter into an agreement with the National Academies to conduct an 
assessment of the potential impacts of climate change on the national 
rail network.
    (b) Assessment.--At a minimum, the assessment conducted pursuant to 
subsection (a) shall--
            (1) cover the entire freight and intercity passenger rail 
        network of the United States;
            (2) evaluate risk to the network over 5-, 30-, and 50-year 
        outlooks;
            (3) examine and describe potential effects of climate 
        change and extreme weather events on passenger and freight rail 
        infrastructure, trackage, and facilities, including facilities 
        owned by rail shippers;
            (4) identify and categorize the assets described in 
        paragraph (3) by vulnerability level and geographic area; and
            (5) recommend strategies or measures to mitigate any 
        adverse impacts of climate change, including--
                    (A) emergency preparedness measures;
                    (B) resiliency best practices for infrastructure 
                planning; and
                    (C) coordination with State and local authorities.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report containing the findings of the assessment conducted pursuant to 
subsection (a).
    (d) Further Coordination.--The Secretary shall make the report 
publicly available on the website of the Department of Transportation 
and communicate the results of the assessment with stakeholders.
    (e) Regulatory Authority.--If the Secretary finds in the report 
required under subsection (c) that regulatory measures are warranted 
and such measures are otherwise under the existing authority of the 
Secretary, the Secretary may issue such regulations as are necessary to 
implement such measures.
    (f) Funding.--From the amounts made available for fiscal year 2022 
under section 20117(b) of title 49, United States Code, the Secretary 
shall expend not less than $1,500,000 to carry out the study required 
under subparagraph (a).

SEC. 9602. ADVANCE ACQUISITION.

    (a) In General.--Chapter 242 of title 49, United States Code, is 
amended by inserting the following after section 24202:

``SEC. 24203. ADVANCE ACQUISITION.

    ``(a) Rail Corridor Preservation.--The Secretary of Transportation 
may assist a recipient of Federal financial assistance provided by the 
Secretary for an intercity passenger rail project in acquiring a right-
of-way and adjacent real property interests before or during the 
completion of the environmental reviews for a project that may use such 
property interests if the acquisition is otherwise permitted under 
Federal law.
    ``(b) Certification.--Before authorizing advance acquisition under 
this section, the Secretary shall verify that--
            ``(1) the recipient has authority to acquire the real 
        property interest;
            ``(2) the acquisition of the real property interest--
                    ``(A) is for a transportation purpose;
                    ``(B) will not cause significant adverse 
                environmental impact;
                    ``(C) will not limit the choice of reasonable 
                alternatives for the proposed project or otherwise 
                influence the decision of the Secretary on any approval 
                required for the project;
                    ``(D) does not prevent the lead agency from making 
                an impartial decision as to whether to accept an 
                alternative that is being considered;
                    ``(E) complies with other applicable Federal laws 
                and regulations; and
                    ``(F) will not result in elimination or reduction 
                of benefits or assistance to a displaced person 
                required by the Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.) and title VI of the Civil Rights Act of 
                1964 (42 U.S.C. 2000d et seq.).
    ``(c) Environmental Reviews.--
            ``(1) Completion of nepa review.--Before reimbursing or 
        approving the expenditure of Federal funding for an acquisition 
        of a real property interest, the Secretary shall complete all 
        review processes otherwise required under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
        section 4(f) of the Department of Transportation Act of 1966 
        (49 U.S.C. 303), and section 106 of the National Historic 
        Preservation Act (16 U.S.C. 470f) with respect to the 
        acquisition.
            ``(2) Timing of development acquisition.--A real property 
        interest acquired under subsection (a) may not be developed in 
        anticipation of the proposed project until all required 
        environmental reviews for the project have been completed.
    ``(d) Inclusion in Non-Federal Share of Project Costs.--Non-Federal 
funds used to acquire right-of-way and adjacent real property interests 
under this section before or during the environmental review, or before 
the award of a grant by the Secretary, shall be included in determining 
the non-Federal share of the costs of the underlying intercity 
passenger rail project.
    ``(e) Savings Clause.--The advance acquisition process described in 
this section--
            ``(1) is in addition to processes in effect on or before 
        the date of enactment of the TRAIN Act; and
            ``(2) does not affect--
                    ``(A) any right of the recipient described in 
                subsection (a) to acquire property; or
                    ``(B) any other environmental review process, 
                program, agreement, or funding arrangement related to 
                the acquisition of real property, in effect on the date 
                of enactment of the TRAIN Act.''.
    (b) Clerical Amendment.--The analysis for chapter 242 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 24202 the following new item:

``Sec. 24203. Advance acquisition.''.

SEC. 9603. UNIVERSITY RAIL CLIMATE INNOVATION GRANT PROGRAM.

    (a) In General.--Chapter 229 of title 49, United States Code, is 
further amended by adding at the end the following:
``Sec. 22912. University rail climate innovation grant program
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a university rail climate innovation grant program (in this 
section referred to as the `Program') to make grants to institutions of 
higher education for the research and development of low- and zero-
emission rail technologies.
    ``(b) Qualifications.--To be eligible for a grant under the 
Program, an institution of higher education shall have an active 
research program to study the development of low- and zero-emission 
rail technologies.
    ``(c) Applications.--To be eligible for a grant under the Program, 
an institution of higher education shall submit to the Secretary an 
application in such form, at such time, and containing such information 
as the Secretary may require.
    ``(d) Eligible Projects.--The Secretary may award grants under the 
Program to applicants that submit a comprehensive proposal for a low- 
and zero-emission rail project that includes activities to carry out 
the research, design, development, and demonstration of 1 or more of 
the following:
            ``(1) Hydrogen-powered locomotives and associated 
        locomotive technologies.
            ``(2) Battery-powered locomotives and associated locomotive 
        technologies.
            ``(3) Rail technologies that significantly reduce 
        greenhouse gas emissions, as determined appropriate by the 
        Secretary.
    ``(e) Funding Requirement.--The Federal share of the total cost of 
a project for which a grant is awarded under this section shall not 
exceed 50 percent.
    ``(f) Project Prioritization.--In making grants for projects under 
the Program, the Secretary shall give priority to institutions of 
higher education that enter into a cost-sharing agreement for purposes 
of the Program with a railroad or rail supplier.
    ``(g) Considerations.--In making grants for projects under the 
Program, the Secretary shall consider--
            ``(1) the extent to which a project maximizes greenhouse 
        gas reductions;
            ``(2) the potential of a project to increase the use of 
        low- and zero- emission rail technologies among the United 
        States freight and passenger rail industry; and
            ``(3) the anticipated public benefits of a project.
    ``(h) Notification.--
            ``(1) Notice.--Not later than 3 days after grants are 
        awarded in any fiscal year under the Program, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate--
                    ``(A) a list of all grant recipients under the 
                Program; and
                    ``(B) a summary of activities to be carried out by 
                each recipient.
            ``(2) Report.--Not later than 1 year after grants are 
        awarded for projects under the Program, the Secretary shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report summarizing 
        the projects on low- and zero-emission rail technologies.
    ``(i) Project Management Oversight.--The Secretary may withhold up 
to 1 percent of the total amount appropriated under this section for 
the costs of program management oversight.
    ``(j) Institution of Higher Education Defined.--In this section, 
the term `institution of higher education' has the meaning given such 
term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 
1001).''.
    (b) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``22912. University rail climate innovation grant program.''.

SEC. 9604. WORKFORCE DIVERSITY AND DEVELOPMENT.

    (a) In General.--The Secretary of Transportation shall carry out at 
least one workforce development pilot program with a railroad carrier 
or an entity providing regularly scheduled intercity rail passenger 
transportation.
    (b) Types of Pilot Programs.--A workforce development pilot program 
described in subsection (a) may be in the form of--
            (1) an outreach program to increase employment 
        opportunities for socially disadvantaged individuals;
            (2) the development of a partnership with high schools, 
        vocational schools, community colleges, or secondary education 
        institutions to address future workforce needs; and
            (3) an apprenticeship program to train railroad employees 
        in needed skills.
    (c) Apprenticeship.--In carrying out a workforce development pilot 
program described in subsection (b)(3), the Secretary shall partner 
with an entity providing intercity rail passenger transportation.
    (d) Report to Congress.--For a workforce development pilot program 
carried out under this section, the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that describes--
            (1) the activities carried out under the pilot program;
            (2) the diversity of individuals participating in the pilot 
        program;
            (3) an evaluation of the pilot program;
            (4) employment outcomes, including job placement, job 
        retention, and wages, using performance metrics established by 
        the Secretary of Transportation, in consultation with the 
        Secretary of Labor, and consistent with performance indicators 
        used by programs under the Workforce Innovation and Opportunity 
        Act (29 U.S.C. 3101 et seq.), as applicable; and
            (5) any recommendations for increasing diversity in the 
        railroad workforce, addressing future workforce needs, or 
        enhancing workforce skills.
    (e) Definition.--In this section:
            (1) Intercity rail passenger transportation.--The term 
        ``intercity rail passenger transportation'' has the meaning 
        given such term in section 24102 of title 49, United States 
        Code.
            (2) Railroad carrier.--The term ``railroad carrier'' has 
        the meaning given such term in section 20102 of title 49, 
        United States Code.
            (3) Socially disadvantaged individuals.--The term 
        ``socially disadvantaged individuals'' has the meaning given 
        the term ``socially and economically disadvantaged 
        individuals'' in section 8(d) of the Small Business Act (15 
        U.S.C. 637(d)).
    (f) Funding.--From the amounts made available under section 
20117(b) of title 49, United States Code, the Secretary may expend up 
to $1,300,000 for fiscal year 2022 and $1,300,000 for 2023 to carry out 
this section.

SEC. 9605. REQUIREMENTS FOR RAILROAD FREIGHT CARS ENTERING SERVICE IN 
              UNITED STATES.

    (a) In General.--Chapter 207 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 20704. Requirements for railroad freight cars entering service 
              in United States
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Component.--The term `component' means a part or 
        subassembly of a railroad freight car.
            ``(2) Control.--The term `control' means the power, whether 
        direct or indirect and whether or not exercised, through the 
        ownership of a majority or a dominant minority of the total 
        outstanding voting interest in an entity, representation on the 
        board of directors of an entity, proxy voting on the board of 
        directors of an entity, a special share in the entity, a 
        contractual arrangement with the entity, a formal or informal 
        arrangement to act in concert with an entity, or any other 
        means, to determine, direct, make decisions, or cause decisions 
        to be made for the entity.
            ``(3) Cost of sensitive technology.--The term `cost of 
        sensitive technology' means the aggregate cost of the sensitive 
        technology located on a railroad freight car.
            ``(4) Country of concern.--The term `country of concern' 
        means a country that--
                    ``(A) is identified by the Department of Commerce 
                as a nonmarket economy country (as defined in section 
                771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) 
                as of the date of enactment of the TRAIN Act;
                    ``(B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a foreign country included on the priority watch 
                list defined in subsection (g)(3) of that section; and
                    ``(C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C.2416).
            ``(5) Net cost.--The term `net cost' has the meaning given 
        the term in chapter 4 of the USMCA or any subsequent free trade 
        agreement between the United States, Mexico, and Canada.
            ``(6) Qualified facility.--The term `qualified facility' 
        means a facility that is not owned or under the control of a 
        state-owned enterprise.
            ``(7) Qualified manufacturer.--The term `qualified 
        manufacturer' means a railroad freight car manufacturer that is 
        not owned or under the control of a state-owned enterprise.
            ``(8) Railroad freight car.--The term `railroad freight 
        car' means a car designed to carry freight or railroad 
        personnel by rail, including--
                    ``(A) box car;
                    ``(B) refrigerator car;
                    ``(C) ventilator car;
                    ``(D) intermodal well car;
                    ``(E) gondola car;
                    ``(F) hopper car;
                    ``(G) auto rack car;
                    ``(H) flat car;
                    ``(I) special car;
                    ``(J) caboose car;
                    ``(K) tank car; and
                    ``(L) yard car.
            ``(9) Sensitive technology.--The term `sensitive 
        technology' means any device embedded with electronics, 
        software, sensors, or other connectivity, that enables the 
        device to connect to, collect data from, or exchange data with 
        another device, including--
                    ``(A) onboard telematics;
                    ``(B) remote monitoring software;
                    ``(C) firmware;
                    ``(D) analytics;
                    ``(E) GPS satellite and cellular location tracking 
                systems;
                    ``(F) event status sensors;
                    ``(G) predictive component condition and 
                performance monitoring sensors; and
                    ``(H) similar sensitive technologies embedded into 
                freight railcar components and subassemblies.
            ``(10) State-owned enterprise.--The term `state-owned 
        enterprise' means--
                    ``(A) an entity that is owned by, or under the 
                control of, a national, provincial, or local government 
                of a country of concern, or an agency of such 
                government; or
                    ``(B) an individual acting under the direction or 
                influence of a government or agency described in 
                subparagraph (A).
            ``(11) Substantially transformed.--The term `substantially 
        transformed' means a component of a railroad freight car that 
        undergoes an applicable change in tariff classification as a 
        result of the manufacturing process, as described in chapter 4 
        and related Annexes of the USMCA or any subsequent free trade 
        agreement between the United States, Mexico, and Canada.
            ``(12) USMCA.--The term `USMCA' has the meaning given the 
        term in section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act (19 U.S.C. 4502).
    ``(b) Requirements for Railroad Freight Cars Entering Service in 
the United States.--
            ``(1) Limitation on railroad freight cars.--A railroad 
        freight car manufactured on or after the date that is 1 year 
        after the date of enactment of the TRAIN Act, may only operate 
        on the United States freight railroad interchange system if--
                    ``(A) the railroad freight car is manufactured, 
                assembled, and substantially transformed, as 
                applicable, by a qualified manufacturer in a qualified 
                facility;
                    ``(B) none of the sensitive technology located on 
                the railroad freight car, including components 
                necessary to the functionality of the sensitive 
                technology, originates from a country of concern or is 
                sourced from state-owned enterprise; and
                    ``(C) none of the content of the railroad freight 
                car, excluding sensitive technology, originates from a 
                country of concern or is sourced from a state-owned 
                enterprise that has been determined by a recognized 
                court or administrative agency of competent 
                jurisdiction and legal authority to have violated or 
                infringed valid United States intellectual property 
                rights of another including such a finding by a Federal 
                district court under title 35 or the U.S. International 
                Trade Commission under section 337 of the Tariff Act of 
                1930 (19 U.S.C. 1337).
            ``(2) Immediate limitation.--
                    ``(A) Percentage limitation.--Not later than 12 
                months after the date of enactment of the TRAIN Act and 
                ending on the date on which paragraph (1) takes effect, 
                a railroad freight car manufactured may operate on the 
                United States freight railroad interchange system only 
                if--
                            ``(i) not more than 20 percent of the 
                        content of the railroad freight car, calculated 
                        by the net cost of all components of the car 
                        and excluding the cost of sensitive technology, 
                        originates from a country of concern or is 
                        sourced from a state-owned enterprise;
                            ``(ii) not later than 24 months after the 
                        date of enactment of the TRAIN Act, the 
                        percentage described in clause (i) shall be no 
                        more than 15 percent; and
                    ``(B) Conflict.--The percentages specified in this 
                paragraph apply notwithstanding any apparent conflict 
                with provisions of chapter 4 of the USMCA.
    ``(c) Regulations and Penalties.--
            ``(1) Regulations required.--Not later than 1 year after 
        the date of enactment of the TRAIN Act, the Secretary of 
        Transportation shall issue such regulations as are necessary to 
        carry out this section, including for the monitoring, 
        enforcement, and sensitive technology requirements of this 
        section.
            ``(2) Certification required.--To be eligible to provide a 
        railroad freight car for operation on the United States freight 
        railroad interchange system, the manufacturer of such car shall 
        certify to the Secretary annually that any railroad freight 
        cars to be so provided meet the requirements of this section.
            ``(3) Compliance.--
                    ``(A) Valid certification required.--At the time a 
                railroad freight car begins operation on the United 
                States freight railroad interchange system, the 
                manufacturer of such railroad freight car shall have 
                valid certification describe under paragraph (2) for 
                the year in which such car begins operation.
                    ``(B) Registration of noncompliant cars 
                prohibited.--A railroad freight car manufacturer may 
                not register, or cause to be registered, a railroad 
                freight car that does not comply with the requirements 
                of this section in the Association of American 
                Railroad's Umler system.
            ``(4) Civil penalties.--
                    ``(A) In general.--A railroad freight car 
                manufacturer that has manufactured a railroad freight 
                car for operation on the United States freight railroad 
                interchange system that the Secretary of Transportation 
                determines, after written notice and an opportunity for 
                a hearing, has violated this section is liable to the 
                United States Government for a civil penalty of at 
                least $100,000 but not more than $250,000 for each 
                violation for each railroad freight car.
                    ``(B) Prohibition for violations.--The Secretary of 
                Transportation may prohibit a railroad freight car 
                manufacturer with respect to which the Secretary has 
                assessed more than 3 violations under subparagraph (A) 
                from providing additional railroad freight cars for 
                operation on the United States freight railroad 
                interchange system until the Secretary determines--
                            ``(i) such manufacturer is in compliance 
                        with this section; and
                            ``(ii) all civil penalties assessed to such 
                        manufacturer under subparagraph (A) have been 
                        paid in full.''.
    (b) Clerical Amendment.--The analysis for chapter 207 of title 49, 
United States Code, is amended by adding at the end the following:

``20704. Requirements for railroad freight cars entering service in 
                            United States.''.
                                 <all>
```