IB 

Union Calendar No. 49 

117TH CONGRESS 

1ST SESSION H. R. 3684 

[Report No. 117–70] 

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 

JUNE 22, 2021 

Additional sponsors: Mr. GARAMENDI, Ms. WILSON of Florida, and Ms. 

WILLIAMS of Georgia 

JUNE 22, 2021 

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

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

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

[For text of introduced bill, see copy of bill as introduced on June 4, 2021] 


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A BILL 

To authorize funds for Federal-aid highways, highway safety 

programs, and transit programs, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Investing in a New Vi5 sion for the Environment and Surface Transportation in 

6 America Act’’ or the ‘‘INVEST in America Act’’. 

7 SEC. 2. TABLE OF CONTENTS. 

8 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. 


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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. 


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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. Transportation planning activities. 

Sec. 1634. Better Utilizing Infrastructure for Lasting Development of Veterans 

Businesses Act. 

Sec. 1635. Vehicle weight limitations. 

Sec. 1636. Roadway worker protection working group. 

Sec. 1637. GAO study on nature-based solutions for coastal highway resilience. 

Sec. 1638. Prohibition on the use of civil penalties for campaign finance. 

Sec. 1639. Repeal of pilot program. 

Sec. 1640. Technical corrections. 


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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. 


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Sec. 2605. U.S. Employment Plan. 

Sec. 2606. Technical assistance and workforce development. 

Sec. 2607. Resilient public transportation study. 

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. 

Sec. 2919. Disposition of rolling stock to improve air quality goals. 

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. 


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Sec. 3016. Report on impaired driving. 

Sec. 3017. Impaired driving countermeasure. 

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. 


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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. 

Sec. 5112. Integrated project delivery. 

Sec. 5113. Accelerated implementation and deployment of advanced digital construction management systems. 

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. 

Sec. 5310. Task Force to Promote American Vehicle Competitiveness. 

Subtitle D—Surface Transportation Funding Pilot Programs 

Sec. 5401. State surface transportation system funding pilot. 

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. 


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Sec. 6008. Transportation equity advisory committee. 

Sec. 6009. Sense of Congress. 

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. 


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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. Sense of Congress regarding commuter rail liability insurance. 

Sec. 9402. Surface Transportation Board mediation of trackage use requests. 

Sec. 9403. 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 compliance 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 highwayrail 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. 


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Sec. 9602. Advance acquisition. 

Sec. 9603. University Rail Climate Innovation Institute. 

Sec. 9604. Workforce diversity and development. 

Sec. 9605. Requirements for railroad freight cars entering service in United 

States. 

Sec. 9606. Rail research and development Center of Excellence. 

Sec. 9607. Freight railroad locomotive requirements. 

1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

3 to ‘‘this Act’’ contained in any division of this Act shall 

4 be treated as referring only to the provisions of that divi5 sion. 

6 DIVISION A—FEDERAL SURFACE 

7 TRANSPORTATION PRO8 GRAMS FOR FISCAL YEAR 2022 

9 SEC. 101. DEFINITIONS. 

10 In this division, the following definitions apply: 

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

12 Account’’ means the portion of the Highway Trust 

13 Fund that is not the Mass Transit Account. 

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

15 Transit Account’’ means the portion of the Highway 

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

17 the Internal Revenue Code of 1986. 

18 (3) MEMBER DESIGNATED PROJECT.—The term 

19 ‘‘member designated project’’ means a project listed in 

20 the table in section 107. 

21 (4) MEMBER DESIGNATED PROJECT FUNDS.— 

22 The term ‘‘member designated project funds’’ means 


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1 funds reserved under subsections (d)(1)(B)(i), 

2 (f)(1)(A), and (g)(1)(A) to carry out member des3 ignated projects listed in the table in section 107(c). 

4 (5) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Transportation. 

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

7 States and the District of Columbia. 

8 (7) TERRITORY.—The term ‘‘territory’’ means 

9 any of the following territories of the United States: 

10 (A) American Samoa. 

11 (B) The Commonwealth of the Northern 

12 Mariana Islands. 

13 (C) Guam. 

14 (D) The United States Virgin Islands. 

15 SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPOR16 TATION PROGRAMS. 

17 (a) EXTENSION OF FEDERAL SURFACE TRANSPOR18 TATION PROGRAMS.— 

19 (1) IN GENERAL.—Unless otherwise provided in 

20 this division, the requirements, authorities, condi21 tions, eligibilities, limitations, and other provisions 

22 authorized under the covered laws, which would other23 wise expire on or cease to apply after September 30, 

24 2021, are incorporated by reference and shall con25 tinue in effect through September 30, 2022. 


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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 (A) HIGHWAY TRUST FUND.— 

3 (i) HIGHWAY ACCOUNT.— 

4 (I) IN GENERAL.—Except as pro5 vided in subclause (II), there is author6 ized to be appropriated from the High7 way Account for fiscal year 2022, for 

8 each program under the covered laws 

9 with respect to which amounts are au10 thorized to be appropriated from such 

11 account for fiscal year 2021, an 

12 amount equal to the amount author13 ized for appropriation with respect to 

14 the program from such account for fis15 cal year 2021. 

16 (II) ADMINISTRATIVE EX17 PENSES.—Notwithstanding any other 

18 provision of this division, there is au19 thorized to be appropriated from the 

20 Highway Account for fiscal year 

21 2022— 

22 (aa) $516,000,000 for admin23 istrative expenses of the Federal 

24 Highway Administration, as deVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 scribed in section 104(a) of title 

2 23, United States Code; and 

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

4 administrative expenses of the Na5 tional Highway Traffic Safety 

6 Administration, as described in 

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

8 Act (Public Law 114–94). 

9 (ii) MASS TRANSIT ACCOUNT.— 

10 (I) IN GENERAL.—There is au11 thorized to be appropriated from the 

12 Mass Transit Account for fiscal year 

13 2022, for each program under the cov14 ered laws with respect to which 

15 amounts are authorized to be appro16 priated from such account for fiscal 

17 year 2021, an amount equal to the 

18 amount authorized for appropriation 

19 with respect to the program from such 

20 account for fiscal year 2021. 

21 (II) CONDITION FOR APPORTION22 MENT.—No funds authorized in this 

23 division or any other Act may be used 

24 to adjust Mass Transit Account appor25 tionments or withhold funds from Mass 


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1 Transit Account apportionments pur2 suant to section 9503(e)(4) of the In3 ternal Revenue Code of 1986 in fiscal 

4 year 2022. 

5 (B) GENERAL FUND.— 

6 (i) IN GENERAL.—Except as provided 

7 in clauses (ii) and (iii), there is authorized 

8 to be appropriated for fiscal year 2022, for 

9 each program under covered laws with re10 spect to which amounts are authorized to be 

11 appropriated for fiscal year 2021 from an 

12 account other than the Highway Account or 

13 the Mass Transit Account, an amount not 

14 less than the amount authorized for appro15 priation with respect to the program under 

16 the covered laws for fiscal year 2021. 

17 (ii) ADMINISTRATIVE EXPENSES.—Not18 withstanding any other provision of this di19 vision, there is authorized to be appro20 priated from the general fund of the Treas21 ury for fiscal year 2022 $131,500,000 for 

22 necessary administrative expenses of the 

23 Federal Transit Administration. 

24 (iii) CAPITAL INVESTMENT GRANTS.— 

25 Notwithstanding any other provision of this 


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1 division, there is authorized to be appro2 priated from the general fund of the Treas3 ury for fiscal year 2022 $3,250,000,000 to 

4 carry out section 5309 of title 49, United 

5 States Code. 

6 (3) USE OF FUNDS.—Except as otherwise pro7 vided in this division, amounts authorized to be ap8 propriated for fiscal year 2022 with respect to a pro9 gram under paragraph (2) shall be distributed, ad10 ministered, limited, and made available for obligation 

11 in the same manner as amounts authorized to be ap12 propriated with respect to the program for fiscal year 

13 2021 under the covered laws. 

14 (4) OBLIGATION LIMITATION.— 

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

16 subparagraph (B), a program for which amounts 

17 are authorized to be appropriated under para18 graph (2)(A) shall be subject to a limitation on 

19 obligations for fiscal year 2022 in the same 

20 amount and in the same manner as the limita21 tion applicable with respect to the program for 

22 fiscal year 2021 under the title I of the Trans23 portation, Housing and Urban Development, 

24 and Related Agencies Appropriations Act, 2021 

25 (Public Law 116–260). 


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1 (B) FEDERAL-AID HIGHWAY AND HIGHWAY

2 SAFETY CONSTRUCTION PROGRAMS.— 

3 (i) IN GENERAL.—Notwithstanding 

4 any other provision of this section, section 

5 1102 of the FAST Act (Public Law 114– 

6 94), section 1101 of title I of division B of 

7 the Continuing Appropriations Act, 2021 

8 and Other Extensions Act (Public Law 

9 116–159), or title I of the Transportation, 

10 Housing and Urban Development, and Re11 lated Agencies Appropriations Act, 2021 

12 (Public Law 116–260), for fiscal year 2022, 

13 the obligations for Federal-aid highway and 

14 highway safety construction programs shall 

15 not exceed $46,400,294,311. 

16 (ii) LIMITATION ON FEDERAL HIGHWAY

17 ADMINISTRATION ADMINISTRATIVE EX18 PENSES.—Notwithstanding any other provi19 sion of this section, of the amount described 

20 in clause (i), for fiscal year 2022 an 

21 amount not to exceed $492,000,000 together 

22 with advances and reimbursements received 

23 by the Federal Highway Administration, 

24 shall be obligated for necessary expenses for 

25 administration and operation of the Federal 


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1 Highway Administration or transferred to 

2 the Appalachian Regional Commission for 

3 administrative activities associated with the 

4 Appalachian Development Highway Sys5 tem. 

6 (b) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY

7 PROJECTS.—Section 117(d)(2)(A) of title 23, United States 

8 Code, is amended in the matter preceding clause (i)— 

9 (1) by striking ‘‘$600,000,000’’ and inserting 

10 ‘‘$700,000,000’’; and 

11 (2) by striking ‘‘2021’’ and inserting ‘‘2022’’. 

12 (c) DISADVANTAGED BUSINESS ENTERPRISES.—Sec13 tion 1101(b) of the FAST Act (Public Law 114–94) (except 

14 for the requirements related to gross receipts under para15 graph (2)(A)(ii) of such section) shall apply to amounts 

16 made available under sections 102, 103, 104 of this divi17 sion. 

18 (d) DEFINITIONS.—In this section, the term ‘‘covered 

19 laws’’ means the following: 

20 (1) Section 1101 of title I of division B of the 

21 Continuing Appropriations Act, 2021 and Other Ex22 tensions Act (Public Law 116–159). 

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

24 the FAST Act (Public Law 114–94). 


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1 (3) Division A, division B, subtitle A of title I 

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

3 21 (Public Law 112–141). 

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

5 Technical Corrections Act of 2008 (Public Law 110– 

6 244). 

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

8 LU (Public Law 109–59). 

9 (6) Titles I, II, III, IV, and V of the Transpor10 tation Equity Act for the 21st Century (Public Law 

11 105–178). 

12 (7) Titles II, III, and IV of the National High13 way System Designation Act of 1995 (Public Law 

14 104–59). 

15 (8) Title I, part A of title II, title III, title IV, 

16 title V, and title VI of the Intermodal Surface Trans17 portation Efficiency Act of 1991 (Public Law 102– 

18 240). 

19 (9) Title 23, United States Code. 

20 (10) Sections 116, 117, 330, and 5505 and chap21 ters 53, 139, 303, 311, 313, 701, and 702 of title 49, 

22 United States Code. 


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1 SEC. 103. ADDITIONAL AMOUNTS FOR THE FEDERAL-AID 

2 HIGHWAY PROGRAM AND MEMBER DES3 IGNATED PROJECTS. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—In addition to amounts au6 thorized under section 102, there is authorized to be 

7 appropriated from the Highway Account for fiscal 

8 year 2022, for activities under this section, 

9 $14,742,808,640. 

10 (2) CONTRACT AUTHORITY.—Amounts authorized 

11 to be appropriated under paragraph (1) shall be 

12 available for obligation as if apportioned under chap13 ter 1 of title 23, United States Code. 

14 (b) OBLIGATION AUTHORITY.— 

15 (1) IN GENERAL.— 

16 (A) AMOUNT.—Notwithstanding any other 

17 provision of law, for fiscal year 2022, obligations 

18 for activities authorized under subsection (a) 

19 shall not exceed $14,742,808,640. 

20 (B) PERIOD OF AVAILABILITY.— 

21 (i) IN GENERAL.—Except as provided 

22 in clause (ii), obligation authority made 

23 available under this paragraph shall— 

24 (I) remain available until Sep25 tember 30, 2025; and 


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1 (II) be in addition to the amount 

2 of any limitation imposed on obliga3 tions for Federal-aid highway and 

4 highway safety construction programs 

5 for fiscal year 2022 under section 102 

6 or future fiscal years under any other 

7 provision of law. 

8 (ii) EXCEPTION.—Except as provided 

9 in subsection (i)(2)(E), obligation authority 

10 associated with a member designated project 

11 shall remain available until expended. 

12 (2) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

13 (A) IN GENERAL.—Of the obligation author14 ity provided under paragraph (1), the Secretary 

15 shall make available to States, Tribes, Puerto 

16 Rico, the territories, and Federal land manage17 ment agencies, during the period of fiscal year 

18 2022, amounts of obligation authority equal to 

19 the amounts described in paragraphs (1) through 

20 (5) of subsection (c), respectively. 

21 (B) FURTHER DISTRIBUTION.—Each State, 

22 each Tribe, Puerto Rico, each territory, and each 

23 Federal land management agency receiving 

24 funds under paragraphs (1) through (5) of sub25 section (c), respectively, shall receive an amount 


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1 of obligation authority equal to the funds re2 ceived under any of such paragraphs. 

3 (c) DISTRIBUTION OF FUNDS.—Amounts authorized to 

4 be appropriated for fiscal year 2022 under subsection (a) 

5 shall be distributed as follows: 

6 (1) $14,343,545,973 to the States. 

7 (2) $167,481,814 to Tribes. 

8 (3) $52,400,251 to Puerto Rico. 

9 (4) $55,012,918 to the territories. 

10 (5) $124,367,684 to Federal land management 

11 agencies. 

12 (d) SUPPLEMENTAL STATE FUNDS.— 

13 (1) DISTRIBUTION.— 

14 (A) AMONG STATES.—Amounts distributed 

15 to States under subsection (c)(1) shall be distrib16 uted among the States in the same ratio as total 

17 State apportionments under section 104(c)(1) of 

18 title 23, United States Code, in fiscal year 2022. 

19 (B) WITHIN A STATE.—Of the amount dis20 tributed to a State under subparagraph (A)— 

21 (i) the amount specified in section 107 

22 for each member designated project in the 

23 State shall be reserved to carry out such 

24 project; and 


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1 (ii) any remaining amount shall be 

2 available to the State under paragraph (2). 

3 (2) TREATMENT.—Funds made available under 

4 paragraph (1)(B)(ii) shall be— 

5 (A) available for activities eligible under 

6 section 133(b) of title 23, United States Code, 

7 subject to subsection (c) of such section; and 

8 (B) administered as if apportioned under 

9 chapter 1 of title 23, United States Code. 

10 (e) TRIBAL FUNDS.—Amounts distributed to Tribes 

11 under subsection (c)(2) shall be— 

12 (1) available for activities eligible under the trib13 al transportation program under section 202 of title 

14 23, United States Code; and 

15 (2) administered as if allocated under section 

16 202 of title 23, United States Code, except that the 

17 set-aside described in subparagraph (C) of section 

18 202(b)(3) of such title and subsections (a)(6), (c), (d), 

19 and (e) of section 202 of such title shall not apply to 

20 such funds. 

21 (f) PUERTO RICO FUNDS.— 

22 (1) DISTRIBUTION.—Of the amount distributed 

23 to Puerto Rico under subsection (c)(3)— 


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1 (A) the amount specified in section 107 for 

2 each member designated project in Puerto Rico 

3 shall be reserved to carry out such project; and 

4 (B) any remaining amount shall be avail5 able to Puerto Rico under paragraph (2). 

6 (2) TREATMENT.—Funds made available under 

7 paragraph (1)(B) shall be— 

8 (A) administered as if allocated under sec9 tion 165(b) of title 23, United States Code; 

10 (B) available for activities described under 

11 paragraph (2)(C)(iii) of such section; and 

12 (C) not subsection to subparagraph (A) or 

13 (B) of paragraph (2) of such section. 

14 (g) TERRITORIAL FUNDS.— 

15 (1) DISTRIBUTION.—Of the amount distributed 

16 to a territory under subsection (c)(4)— 

17 (A) the amount specified in section 107 for 

18 each member designated project in the territory 

19 shall be reserved to carry out such project; 

20 (B) of amounts remaining after the dis21 tribution under subparagraph (A), not more 

22 than $1,392,918 shall be made available to 

23 American Samoa; and 


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1 (C) any remaining amount shall be avail2 able to the territories as described under para3 graph (2). 

4 (2) TREATMENT.—Funds made available under 

5 subparagraphs (B) and (C) of paragraph (1) shall be 

6 administered as if allocated under, and available for 

7 activities described under, section 165(c) of title 23, 

8 United States Code. 

9 (h) FEDERAL LAND MANAGEMENT AGENCY FUNDS.— 

10 (1) DISTRIBUTION.—Amounts distributed under 

11 subsection (c)(5) shall be distributed among the Fed12 eral land management agencies as follows: 

13 (A) $99,494,147 for the National Park Serv14 ice. 

15 (B) $9,949,415 for the United States Fish 

16 and Wildlife Service. 

17 (C) $6,301,296 for the United States Forest 

18 Service. 

19 (D) $8,622,826 to be allocated to the re20 maining Federal land management agencies de21 scribed in section 203(b) of title 23, United 

22 States Code. 

23 (2) TREATMENT.—Funds made available under 

24 paragraph (1) shall be— 


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1 (A) available for activities eligible under the 

2 Federal lands transportation program under sec3 tion 203 of title 23, United States Code; and 

4 (B) administered as if allocated under sec5 tion 203 of title 23, United States Code. 

6 (i) MEMBER DESIGNATED PROJECTS.— 

7 (1) TREATMENT.— 

8 (A) IN GENERAL.—Member designated 

9 project funds shall be available until expended, 

10 except as specified in paragraph (2)(C)(iv). 

11 (B) REQUIREMENTS.— 

12 (i) IN GENERAL.—Except as specified 

13 in paragraph (2)(C)(iv) or clauses (ii) or 

14 (iii), member designated project funds shall 

15 be administered as if apportioned— 

16 (I) for a project eligible under 

17 chapter 1 of title 23, United States 

18 Code, under such chapter; 

19 (II) for a project eligible under 

20 chapter 2 of title 23, United States 

21 Code, under such chapter; or 

22 (III) for a project eligible under 

23 chapter 53 of title 49, United States 

24 Code, under such chapter. 


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1 (ii) FEDERAL SHARE.—Notwith2 standing any other provision of law, the 

3 Federal share of the cost of a project as4 sisted with member designated project funds 

5 shall be determined in accordance with sec6 tion 120 of title 23, United States Code, or, 

7 in the case of a transit capital project, may 

8 be determined in accordance with section 

9 5323(i)(1) of title 49, United States Code, if 

10 applicable. 

11 (iii) TRANSIT PROJECTS.— 

12 (I) TRANSFERS.—Member des13 ignated project funds made available 

14 for transit capital and planning 

15 projects may be transferred to, and ad16 ministered by, the Secretary in accord17 ance with section 104(f) of title 23, 

18 United States Code. 

19 (II) DESIGNATED RECIPIENTS.— 

20 Member designated project authoriza21 tions specified in section 107 distrib22 uted to a State for transit capital and 

23 planning projects shall be made avail24 able for obligation to a designated or 

25 direct recipient or subrecipient under 


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1 chapter 53 of title 49, United States 

2 Code, as specified in section 107 or, if 

3 no such eligible recipient is identified, 

4 to the designated recipient in the loca5 tion specified in such section. 

6 (2) REPURPOSING OF FUNDS.— 

7 (A) IN GENERAL.— 

8 (i) REQUEST.—Beginning on October 

9 1, 2025, except as described in clause (ii), 

10 if less than 10 percent of the amount re11 served for a member designated project for 

12 a State, Puerto Rico, or territory has been 

13 obligated, the State, Puerto Rico, or a terri14 tory, respectively, may submit to the Sec15 retary, a request to use, under subpara16 graph (B)— 

17 (I) the unobligated amount re18 served for the member designated 

19 project; and 

20 (II) the obligation authority that 

21 is associated with such amount. 

22 (ii) COMPLETED PROJECTS.—If the 

23 project has been completed and an unobli24 gated amount remains reserved for a mem25 ber designated project, a State, Puerto Rico, 


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1 or territory may submit to the Secretary 

2 certification that such project has been com3 pleted (and the Secretary shall verify such 

4 completion). Upon verification, the State, 

5 Puerto Rico, or territory, respectively, may 

6 use, under subparagraph (B)— 

7 (I) the unobligated amount re8 served for the member designated 

9 project; and 

10 (II) the obligation authority that 

11 is associated with such amount. 

12 (B) CONSIDERATIONS.—In making the de13 termination under subparagraph (A)(i), the Sec14 retary shall— 

15 (i) consider whether the member des16 ignated project can be completed with the 

17 amount reserved for the member designated 

18 project and other committed funds; 

19 (ii) determine whether the public enti20 ty serving as the project sponsor listed in 

21 the Committee Report, or any subsequent 

22 report superceding such Committee Report, 

23 accompanying this Act supports the pro24 posed repurposing; and 


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1 (iii) ensure that the proposed 

2 repurposing would be used for a project 

3 with the same eligible project type. 

4 (C) TREATMENT.—Funds for which the Sec5 retary approves a request or verifies a completed 

6 project under subparagraph (A)— 

7 (i) may be used and shall be treated— 

8 (I) for a request by a State, as if 

9 such amount was made available 

10 under subsection (d)(1)(B)(ii); 

11 (II) for a request by Puerto Rico, 

12 as if such amount was made available 

13 under subsection (f)(1)(B); and 

14 (III) for a request by a territory, 

15 as if such amount was made available 

16 under subsection (g)(1)(C); 

17 (ii) shall be used within the location 

18 described in subparagraph (D)(ii); 

19 (iii) shall be subject to the Federal 

20 share specified in section 120 of title 23, 

21 United States Code, or, in the case of a 

22 transit capital project, may be determined 

23 in accordance with section 5323(i)(1) of 

24 title 49, United States Code, as applicable; 

25 and 


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1 (iv) notwithstanding paragraph 

2 (1)(A)(ii), shall remain available for obliga3 tion for a period of 3 fiscal years after the 

4 last day of the fiscal year in which the Sec5 retary approves the request. 

6 (D) LOCATION OF PROJECTS.—Funds for 

7 which the Secretary approves a request under 

8 subparagraph (A) shall— 

9 (i) for funds specified in section 107 to 

10 be used within a metropolitan planning 

11 area (as such term is defined in section 

12 134(b) of title 23, United States Code), ap13 plied to an activity within or predomi14 nantly serving such metropolitan area; 

15 (ii) for funds specified in section 107 

16 to be used within a political subdivision of 

17 a State, applied to an activity within or 

18 predominantly serving such political sub19 division; 

20 (iii) for funds specified in section 107 

21 to be used within Puerto Rico, applied to 

22 an activity within Puerto Rico; and 

23 (iv) for funds specified in section 107 

24 to be used within a territory, applied to an 

25 activity within such territory. 


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1 (E) OBLIGATION AUTHORITY.—Notwith2 standing subsection (b)(1)(B)(ii), obligation au3 thority that is repurposed under this paragraph 

4 shall remain available for obligation for a period 

5 of 3 fiscal years after the last day of the fiscal 

6 year in which the Secretary approves the request 

7 or verifies the completed project under subpara8 graph (A). 

9 SEC. 104. FEDERAL TRANSIT ADMINISTRATION. 

10 (a) ALL STATIONS ACCESSIBILITY PROGRAM.— 

11 (1) IN GENERAL.—The Secretary may make 

12 grants under this subsection to assist eligible entities 

13 in financing capital projects to upgrade accessibility 

14 for persons with disabilities by increasing the number 

15 of covered stations that meet (including exceeding) the 

16 new construction standards of title II of the Ameri17 cans with Disabilities Act of 1990 (42 U.S.C. 12131 

18 et seq.). 

19 (2) ELIGIBLE COSTS.—A grant awarded under 

20 this section shall be used on a covered system for the 

21 purpose described in paragraph (1) only— 

22 (A) for a project to repair, improve, or relo23 cate station infrastructure at a covered station; 


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1 (B) to develop or modify a plan for pur2 suing public transportation accessibility projects; 

3 or 

4 (C) to carry out other projects at covered 

5 stations that meet (including exceeding) the new 

6 construction standards of title II of the Ameri7 cans with Disabilities Act of 1990 (42 U.S.C. 

8 12131 et seq.). 

9 (3) ELIGIBLE FACILITIES.—The Secretary— 

10 (A) may not provide a grant awarded 

11 under this subsection to upgrade a station that 

12 is accessible to and usable by individuals with 

13 disabilities, including individuals who use wheel14 chairs, consistent with current new construction 

15 standards under title II the Americans with Dis16 abilities Act of 1990 (42 U.S.C. 1231 et seq.); 

17 and 

18 (B) may provide a grant to upgrade a sta19 tion that is not accessible and usable as described 

20 in paragraph (1), even if related services, pro21 grams, or activities, when viewed in entirety, are 

22 readily accessible and usable as so described. 

23 (4) APPLICATION.—To apply for a grant under 

24 this subsection, an applicant shall provide to the SecVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 retary such information as the Secretary may re2 quire, including, at a minimum, information on— 

3 (A) the extent to which the proposed project 

4 will increase the accessibility of a covered sys5 tem; 

6 (B) projected improvements in access to 

7 jobs, community activities, and essential destina8 tions provided by such project; 

9 (C) the applicant’s plans to— 

10 (i) enhance the customer experience 

11 and maximize accessibility of rolling stock 

12 and stations for individuals with disabil13 ities; 

14 (ii) improve the operations of, provide 

15 efficiencies of service to, and enhance the 

16 public transportation system for individuals 

17 with disabilities; and 

18 (iii) address equity of service to all 

19 riders regardless of ability, including for 

20 riders of differing abilities that are low-in21 come, seniors, or riders from communities of 

22 color; and 

23 (D) coordination between the applicant and 

24 disability advocacy entities. 


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

2 net project cost of a grant provided under this sub3 section shall be 90 percent. The recipient may provide 

4 additional local matching amounts. 

5 (6) GRANT REQUIREMENTS.—Except as other6 wise provided under this subsection, a grant provided 

7 under this subsection shall be subject to the require8 ments of section 5307 of title 49, United States Code. 

9 (7) GRANT SOLICITATION.—The Secretary may 

10 provide funds authorized under this subsection 

11 through 1 or more notices of funding opportunity. 

12 (8) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated from the Mass 

14 Transit Account $1,000,000,000 for fiscal year 2022 

15 to provide grants under this subsection. 

16 (9) AVAILABILITY OF AMOUNTS.—Amounts made 

17 available under this subsection— 

18 (A) shall remain available for 4 fiscal years 

19 after the fiscal year for which the amount is 

20 made available; and 

21 (B) that remain unobligated at the end of 

22 the period described in subparagraph (A) shall 

23 be made available to other eligible projects. 

24 (10) DEFINITIONS.—In this section: 


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1 (A) COVERED STATION.—The term ‘‘covered 

2 station’’ means a rail fixed guideway public 

3 transportation station for passenger use con4 structed prior to the date of enactment of this 

5 Act. 

6 (B) COVERED SYSTEM.—The term ‘‘covered 

7 system’’ means a rail fixed guideway public 

8 transportation system that was in operation be9 fore July 26, 1990. 

10 (C) DISABILITY.—The term ‘‘disability’’ has 

11 the meaning given such term in section 3 of the 

12 Americans with Disabilities Act of 1990 (42 

13 U.S.C. 12102). 

14 (D) ELIGIBLE ENTITY.—The term ‘‘eligible 

15 entity’’ means a State or local governmental au16 thority that operates a rail fixed guideway pub17 lic transportation system that was in operation 

18 before July 26, 1990. 

19 (b) REDUCING TRANSIT DESERTS.— 

20 (1) IN GENERAL.—The Secretary may make 

21 grants under this subsection to eligible recipients for 

22 eligible projects to establish new bus service or in23 crease the frequency of bus service. 

24 (2) ELIGIBLE PROJECTS.—Eligible projects 

25 under this subsection are projects in eligible areas— 


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1 (A) to establish or enhance bus service with 

2 headways equal to or shorter than 20 minutes for 

3 at least 18 hours per day in neighborhoods lack4 ing such service; 

5 (B) to establish or increase express lane 

6 transit service that connects communities to jobs 

7 and essential destinations, as long as such serv8 ice will improve mobility or expand affordable 

9 transportation options in underserved commu10 nities; or 

11 (C) to establish or enhance high-quality bus 

12 service to community colleges and Minority 

13 Serving Institutions, including Historically 

14 Black Colleges and Universities. 

15 (3) ELIGIBLE COSTS.—Eligible costs under this 

16 section include— 

17 (A) acquisition of vehicles; 

18 (B) acquisition, installation, and construc19 tion of bus stops, stations, and related infra20 structure; 

21 (C) construction or expansion of mainte22 nance facilities to support the new or enhanced 

23 service; 

24 (D) maintenance activities to support the 

25 expanded service; and 


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1 (E) operating expenses for up to 2 years be2 ginning on the first day of revenue service. 

3 (4) APPLICATION.—To apply for a grant under 

4 this subsection, an applicant shall provide to the Sec5 retary such information as the Secretary may re6 quire, including information on the extent to which 

7 the project will— 

8 (A) provide reliable and frequent connec9 tions to jobs, education and workforce training, 

10 and essential destinations; 

11 (B) reduce air pollution and greenhouse gas 

12 emissions; and 

13 (C) support unserved and underserved pop14 ulations and communities. 

15 (5) FEDERAL SHARE.— 

16 (A) IN GENERAL.—The Federal share of the 

17 net project cost of a capital project carried out 

18 using a grant under this subsection shall be 80 

19 percent. The recipient may provide additional 

20 local matching amounts. 

21 (B) OPERATING COSTS.—The Federal share 

22 of net operating costs for a project carried out 

23 using a grant under this subsection shall be not 

24 more than 50 percent. 

25 (6) GRANT REQUIREMENTS.— 


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1 (A) IN GENERAL.—A grant under this sub2 section shall be subject to the requirements of sec3 tion 5307 of title 49, United States Code, for eli4 gible recipients, except operating expenses shall 

5 be eligible for funding under this subsection for 

6 2 years beginning on the first day of revenue 

7 service in urbanized areas with populations 

8 greater than 200,000. 

9 (B) NEW OR ENHANCED SERVICE.—The new 

10 or enhanced service funded under this subsection 

11 shall be operated for a period of at least 5 years. 

12 (7) GRANT SOLICITATION.—The Secretary may 

13 provide funds authorized under this subsection 

14 through 1 or more notices of funding opportunity. 

15 (8) JUSTICE40 INITIATIVE.—In making competi16 tive grants under this subsection, the Secretary shall, 

17 to the extent practicable, have a goal that 40 percent 

18 of the overall benefits of the Federal investment flow 

19 to disadvantaged communities, consistent with sec20 tions 219 and 223 of Executive Order 14008 and re21 lated regulations, Executive Orders, and administra22 tive guidance. 

23 (9) AVAILABILITY OF AMOUNTS.—Any amounts 

24 made available under this subsection— 


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1 (A) shall remain available for 2 fiscal years 

2 after the fiscal year for which the amount is 

3 made available; and 

4 (B) that remain unobligated at the end of 

5 the period described in subparagraph (A) shall 

6 be made available to other eligible projects. 

7 (10) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated out of the 

9 Mass Transit Account $1,000,000,000 for fiscal year 

10 2022 to provide grants under this subsection. 

11 (11) DEFINITIONS.—In this subsection: 

12 (A) ELIGIBLE AREA.—The term ‘‘eligible 

13 area’’ means a neighborhood or service area, as 

14 defined by the Secretary, within an urbanized 

15 area that has a population of more than 100,000 

16 where fewer than 45,000 annual fixed route bus 

17 vehicle revenue miles per square mile are oper18 ated. 

19 (B) ELIGIBLE RECIPIENT.—The term ‘‘eligi20 ble recipient’’ means— 

21 (i) designated recipients that allocate 

22 funds to fixed route bus operators or express 

23 lane transit operators; or 


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1 (ii) State or local governmental enti2 ties that operate or propose to operate fixed 

3 route bus service or express lane transit. 

4 (C) EXPRESS LANE TRANSIT.—The term 

5 ‘‘express lane transit’’ means an integrated com6 bination of bus rapid transit and tolled managed 

7 lanes that allows for limited access entry of toll 

8 paying vehicles to restricted lanes, while 

9 prioritizing transit’s need and use of available 

10 capacity in order to improve transit perform11 ance. 

12 (c) FEDERAL SHARE ADJUSTMENTS.— 

13 (1) IN GENERAL.—In addition to amounts made 

14 available under section 5338(b) of title 49, United 

15 States Code, and section 102(a)(2)(B)(iii) of this di16 vision, there are authorized to be appropriated for fis17 cal year 2022 such sums as may be necessary to in18 crease the Federal share, at the request of the project 

19 sponsor, of a new fixed guideway, a core capacity im20 provement, or a small starts project that is not open 

21 to revenue service and that has received an allocation 

22 of funding in fiscal years 2019, 2020, or 2021. 

23 (2) CRITERIA.—In making allocations under 

24 subparagraph (1), the Secretary shall take into con25 sideration the extent to which the project sponsor 


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1 demonstrates a need for a higher Federal share, in2 cluding the extent to which— 

3 (A) a project sponsor made a local financial 

4 commitment that exceeded the required non-Fed5 eral share of the cost of the project; and 

6 (B) a project sponsor has experienced, as a 

7 result of the coronavirus public health emer8 gency. 

9 (3) ADJUSTMENT.—Notwithstanding any other 

10 provision of law, if a project meets 1 or both of the 

11 criteria in paragraph (2), the Secretary shall increase 

12 the Federal share of a project under this section by 

13 up to 30 percent, up to a maximum of an 80 percent 

14 Federal share. 

15 (4) AMOUNT.—Amounts distributed under this 

16 subsection shall be provided notwithstanding the limi17 tation of any calculation of the maximum amount of 

18 Federal financial assistance for the project for a new 

19 fixed guideway, a core capacity improvement, or a 

20 small start project. 

21 SEC. 105. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS22 TRATION. 

23 (a) SPECIAL FUNDING FOR FISCAL YEAR 2022.— 

24 (1) IN GENERAL.— 


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1 (A) AUTHORIZATION OF APPROPRIA2 TIONS.—In addition to amounts authorized 

3 under section 102, there is authorized to be ap4 propriated from the Highway Account for fiscal 

5 year 2022, for activities under this subsection, 

6 $244,514,000. 

7 (B) CONTRACT AUTHORITY.—Amounts au8 thorized under subparagraph (A) shall be avail9 able for obligation in the same manner as if such 

10 funds were apportioned under chapter 1 of title 

11 23, United States Code. 

12 (C) OBLIGATION LIMITATION.—Notwith13 standing any other provision of law, for fiscal 

14 year 2022, obligations for activities authorized 

15 under this paragraph and obligations for activi16 ties authorized under section 

17 102(a)(2)(A)(i)(II)(bb) that exceed amounts au18 thorized under section 4001(a)(6) of the FAST 

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

20 $247,783,000. 

21 (2) DISTRIBUTION OF FUNDS.—Amounts author22 ized to be appropriated for fiscal year 2022 under 

23 paragraph (1) shall be distributed as follows: 

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

25 402 of title 23, United States Code. 


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

2 403 of title 23, United States Code. 

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

4 404 of title 23, United States Code. 

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

6 405 of title 23, United States Code. 

7 (b) COOPERATIVE RESEARCH AND EVALUATION.—Not8 withstanding the apportionment formula set forth in section 

9 402(c)(2) of title 23, United States Code, and section 

10 403(f)(1) of title 23, United States Code, $2,500,000 of the 

11 total amount available for apportionment to the States for 

12 highway safety programs under section 402(c)(2) of title 23, 

13 United States Code, fiscal year 2022, shall be available for 

14 expenditure by the Secretary, acting through the Adminis15 trator of the National Highway Traffic Safety Administra16 tion, for a cooperative research and evaluation program to 

17 research and evaluate priority highway safety counter18 measures. 

19 SEC. 106. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA20 TION. 

21 (a) SPECIAL FUNDING FOR FISCAL YEAR 2022.— 

22 (1) AUTHORIZATION OF APPROPRIATIONS.— 

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

24 authorized under section 102, there is authorized 

25 to be appropriated from the Highway Account 


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1 for fiscal year 2022, for activities under this sub2 section, $209,900,000. 

3 (B) OBLIGATION LIMITATION.—Notwith4 standing any other provision of law, for fiscal 

5 year 2022, obligations for activities authorized 

6 under this paragraph shall not exceed 

7 $209,900,000. 

8 (2) DISTRIBUTION OF FUNDS.—Amounts author9 ized to be appropriated for fiscal year 2022 under 

10 paragraph (1) shall be distributed as follows: 

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

12 United States Code— 

13 (i) $80,512,000 for carrying out sec14 tion 31102 (except subsection (l)) of title 49, 

15 United States Code); 

16 (ii) $14,208,000 for carrying out sec17 tion 31102(l) of title 49, United States 

18 Code; and 

19 (iii) $23,680,000 for carrying out sec20 tion 31313 of title 49, United States Code. 

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

22 31110 of title 49, United States Code. 

23 (3) TREATMENT OF FUNDS.—Amounts made 

24 available under this section shall be made available 


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1 for obligation and administered as if made available 

2 under chapter 311 of title 49, United States Code. 

3 (b) ADMINISTRATIVE EXPENSES.—The Administrator 

4 of the Federal Motor Carrier Safety Administration shall 

5 ensure that funds made available under subsection 

6 (a)(2)(B) are used, to the maximum extent practicable, to 

7 support— 

8 (1) the acceleration of planned investments to 

9 modernize the Administration’s information tech10 nology and information management systems; 

11 (2) the completion of outstanding statutory man12 dates required by MAP–21 (112–141) and the FAST 

13 Act (114–94); and 

14 (3) a Large Truck Crash Causal Factors Study 

15 of the Administration. 

16 SEC. 107. MEMBER DESIGNATED PROJECT AUTHORIZA17 TIONS. 

18 (a) MEMBER DESIGNATED PROJECTS.—The amount 

19 listed for each member designated project in the table in 

20 subsection (c) shall be available (from amounts made avail21 able by paragraphs (1), (3), and (4) of section 103(c)) for 

22 fiscal year 2022 to carry out each such project. 

23 (b) SAVINGS CLAUSE.— 

24 (1) ADDITIONAL INFORMATION.—In admin25 istering member designated projects, the Secretary 


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1 shall consider the additional information provided in 

2 the Committee Report, or any subsequent report 

3 superceding such Committee Report, accompanying 

4 this Act. 

5 (2) SUBSEQUENT PHASES.— 

6 (A) IN GENERAL.—Subject to subparagraph 

7 (B), nothing in the table in subsection (c), or in 

8 the Committee Report, or any subsequent report 

9 superceding such Committee Report, accom10 panying this Act, shall prevent the Secretary, at 

11 the discretion of the Secretary, from allowing a 

12 subsequent phase of a member designated project 

13 to be carried out with funds reserved for such 

14 project under subsection (c). 

15 (B) PROJECT SPONSOR CONCURRENCE.— 

16 The Secretary shall only allow under this para17 graph a subsequent phase of a member des18 ignated project to be carried out with funds re19 served for such project under subsection (c) with 

20 the concurrence of the project sponsor for such 

21 project listed in the Committee Report, or any 

22 subsequent report superseding such Committee 

23 Report, accompanying this Act. 

24 (3) REPURPOSING.—Nothing in the table in sub25 section (c), or the Committee Report, or any subseVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 quent report superceding such Committee Report, ac2 companying this Act, shall prevent funds reserved for 

3 a member designated project from being repurposed as 

4 described in section 103(i)(2), provided that all re5 quirements in such section are satisfied. 

6 (c) PROJECT DESIGNATIONS.—The table in this sub7 section is as follows: 

No. Project Name City State/Territory Amount 

1 Cowles Street 

Reconstruction 

Fairbanks AK 7,955,000 

2 Replace Bridge 

114.3 

Anchorage AK 6,421,200 

3 Seldon Road Extension, Phase 

2 

Wasilla AK 5,623,800 

4 Alabama State 

Highway 77 

Northbound 

Bridge Replacement 

Project 

Southside AL 2,396,200 

5 Lighting and 

Landscaping 

on I–85 at 

Exit 57 

Auburn AL 1,840,000 

6 Realignment of 

SR–22 to US– 

431 

Roanoke AL 8,005,000 

7 Red Bay Interchange Lighting at SR–24 

(Corr V) and 

SR–19 

Red Bay AL 860,000 

8 Widening of 

Hwy 411 

Moody AL 509,000 

9 Bridge Replacement on CR– 

39 

Montgomery AL 2,339,717 

10 Bridge Replacement over 

Sipsey River 

Greene and 

Pickens Counties 

AL 3,296,963 


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No. Project Name City State/Territory Amount 

11 Dallas County— 

Bridge Replacement on 

SR–14 

Dallas County AL 6,239,939 

12 Resurfacing on 

US–43 

Marengo 

County 

AL 1,616,000 

13 Resurfacing on 

US–84 

Choctaw 

County 

AL 1,616,000 

14 Streetscape— 

Civil Rights 

District Freedom Trail 

Birmingham AL 2,000,000 

15 Streetscape— 

Richard 

Arrington 

Blvd Safety 

Improvements 

Birmingham AL 1,969,664 

16 Future I–57 Clay County AR 20,000,000 

17 56th Street 

Roadway Mobility and 

Safety Improvements 

Phoenix AZ 5,000,000 

18 5th/6th Street 

Complete 

Streets Project 

Tucson AZ 7,000,000 

3,500,000 

3,500,000 

19 77th Street Access Improvements Scottsdale AZ 1,102,748 

20 Chino Road Extension Phase 

II 

Douglas AZ 2,910,000 

21 Cool Pavement 

Program 

Phoenix AZ 3,200,000 

22 Davis Road 

Mileposts 5 & 

13 

Tombstone 

and McNeal 

AZ 4,000,000 

23 Downtown Electric Vehicle 

Charging Stations 

Phoenix AZ 2,400,000 

24 Drexel Road Extension and 

Bridge Project 

Tucson AZ 5,000,000 

25 Electric Bus Infrastructure Flagstaff AZ 1,485,000 

26 Flashing Yellow 

Arrow (FYA) 

Phase III 

Glendale AZ 800,000 


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No. Project Name City State/Territory Amount 

27 Grand 

Canalscape 

Improvements 

Phase IV: 47th 

Avenue to 

Interstate 17 

Phoenix AZ 5,000,000 

28 Highline Canal 

Recreational 

Path Lighting 

Replacement 

Guadalupe AZ 501,824 

29 I–10, Loop 202 

to SR 387 

Phoenix AZ 5,000,000 

30 Intersection 

Safety Improvements at 

Six HighCrash Locations in Phoenix 

Phoenix AZ 5,760,000 

31 Kyrene Branch 

Canal Shared 

Use Path 

Chandler AZ 1,758,000 

32 Lone Tree Corridor Flagstaff AZ 8,000,000 

33 Pathway Project, 

Baffert Dr to 

Nogales High 

School 

Nogales AZ 1,220,169 

34 Peters Road 

Widening 

Casa Grande AZ 5,000,000 

35 San Xavier 

Road Pedestrian Pathway 

Project 

Tucson AZ 814,000 

36 Sonoran Corridor Tier II 

EIS 

Tucson AZ 5,000,000 

37 South Campbell 

Avenue Complete Streets 

Project 

Tucson AZ 6,209,831 

38 Tempe/Mesa 

Streetcar Rio 

Salado East 

Extension 

Tempe and 

Mesa 

AZ 4,000,000 

39 Tucson Regional 

North-South 

Bus Rapid 

Transit 

(BRT) Corridor 

Tucson AZ 6,512,000 

3,256,000 


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No. Project Name City State/Territory Amount 

3,256,000 

40 US89/ Lake 

Powell Blvd 

Roundabout 

Page AZ 5,000,000 

2,500,000 

2,500,000 

41 California State 

Route 57/60 

Confluence 

Chokepoint 

Relief Program 

Diamond Bar CA 18,000,000 

42 Cohasset Road 

Widening and 

Fire Safety 

Project 

Cohasset CA 900,000 

43 Commerce Center Drive 

Bridge, Los 

Angeles County 

Unincorporated Los 

Angeles County 

CA 3,666,666 

44 Creating the 

Next-Generation Santa 

Ana Regional 

Transportation Center 

Santa Ana CA 1,280,000 

45 First Avenue 

Bridges Replacement over 

Mojave River 

and Overflows 

Barstow CA 7,000,000 

46 First Street Pedestrian Improvements Santa Ana CA 4,000,000 

47 Fix 5 Cascade 

Gateway 

Redding CA 15,000,000 

48 Harbor Boulevard Street 

Improvements 

Garden Grove CA 6,248,303 

49 Intersection 

Safety Improvements 

Projects 

Anaheim CA 750,000 

50 Interstate 10/ 

Wildwood 

Canyon Road 

Interchange 

Project 

Yucaipa CA 1,000,000 


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No. Project Name City State/Territory Amount 

51 Interstate 15 (I– 

15)/State 

Route 78 

(SR–78) Managed Lanes 

Project 

Escondido CA 20,000,000 

52 Interstate 15 

Corridor Operations 

Project 

Corona CA 3,000,000 

53 National Trail 

Highway Widening 

Victorville CA 5,000,000 

54 Plant 42 Access 

and Safety 

Enhancements 

Palmdale CA 8,666,666 

55 Quick Fix Circulation Improvement 

Project 

Santa Clarita CA 3,666,666 

56 Roe Road Extension Project— 

Phase 1 

Paradise CA 1,800,000 

57 Scott Road/ 

Bundy Canyon Road 

Widening 

Project 

Menifee CA 12,000,000 

58 Sequoia Avenue 

Railroad 

Grade Crossing Upgrade 

Simi Valley CA 4,000,000 

59 Southgate Interchange (EIR 

Only) 

Chico CA 1,800,000 

60 SR–210 5th 

Street Interchange 

Highland CA 3,000,000 

61 State Route 41 

Excelsior Corridor Project 

Fresno County CA 20,000,000 

62 Temescal Canyon Road 

Widening 

Project (El 

Cerrito Segment) 

Corona CA 5,000,000 

63 The Anaheim 

Way: Night 

Owl Transit 

Service 

Anaheim CA 650,000 


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No. Project Name City State/Territory Amount 

64 Transit Security 

& Operations 

Center 

Anaheim CA 5,000,000 

65 US395 OlanchaCartago 4 

Lane Project 

Olancha, 

Cartago 

CA 2,000,000 

66 ‘‘I’’ Street Operating Maintenance Facility 

Rehabilitation 

Project 

San 

Bernardino 

CA 2,000,000 

67 Street Resurfacing Project Daly City CA 1,000,000 

68 5 and 134 Freeway Electric 

Vehicle DC 

Fast Charging 

Network 

Burbank CA 1,000,000 

500,000 

500,000 

69 7th Street Bridge Modesto CA 6,500,000 

70 ADA CurbRamp and 

Sidewalk Improvements 

Long Beach CA 1,450,000 

71 Additional Mini 

Highs at 

Caltrain Stations 

San Francisco, Burlingame, San 

Mateo, Belmont, Palo 

Alto, Mountain View, 

Sunnyvale, 

San Jose, 

Morgan Hill, 

San Martin, 

and Gilroy 

CA 856,000 

306,000 

550,000 

72 Agnew Siding 

Track Infrastructure 

Project 

Santa Clara CA 6,610,000 

73 Alder Avenue 

Improvements 

at SR–210 

Rialto CA 2,380,000 

74 Altadena Community Safe 

Routes to 

School Plan 

Altadena CA 480,000 


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No. Project Name City State/Territory Amount 

75 Amar Road 

Complete 

Streets from 

Baldwin Park 

Boulevard to 

Unruh Avenue, Unincorporated West 

Puente Valley, 

CA 

La Puente CA 2,250,000 

76 Anaheim Street 

Corridor Improvements 

Long Beach CA 12,000,000 

77 Antioch Bicycle 

Garden 

Antioch CA 2,000,000 

78 Appian Way Pedestrian 

Crossing Enhancements 

El Sobrante CA 2,000,000 

79 Arcade-Cripple 

Creek Trail 

(formerly 

Electric 

Greenway 

Trail) 

Citrus 

Heights and 

Orangevale 

CA 1,100,000 

80 Arrow Highway 

Median Island 

Installation 

Project from 

Azusa Avenue 

to Citrus Avenue 

Azusa CA 3,000,000 

81 Arrow Highway 

Rehabilitation 

Project from 

East City 

Limit to West 

City Limit 

San Dimas CA 1,600,000 

82 Artesia Great 

Boulevard 

Long Beach CA 8,000,000 

83 At-grade 

Caltrain 

Crossing Safety Project—E. 

Bellevue Avenue and Villa 

Terrace 

San Mateo CA 3,000,000 

84 Atlantic Avenue 

Improvements 

Los Angeles CA 5,200,000 


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No. Project Name City State/Territory Amount 

85 Atwater-Merced 

Expressway 

(AME) Phase 

1B Right of 

Way acquisition 

Merced CA 2,000,000 

86 Azusa Avenue 

Pedestrian 

Handicap Accessibility & 

Signal Synchronization 

Improvements 

Project 

West Covina CA 3,000,000 

87 Bay Bridge Forward – I–80/ 

Powell Street 

Transit Access 

and I–80 

Westbound 

Bus Lane Extension 

Emeryville 

and Oakland 

CA 3,000,000 

88 Bay Trail at 

Shoreline 

Park 

San Leandro CA 3,000,000 

89 Bay Trail 

Connectivity—Vista 

Point Bay 

Trail 

Sausalito CA 1,300,000 

90 Belmont Alameda de las 

Pulgas Corridor Project 

Belmont CA 2,400,000 

91 Beverly and 

Robertson 

Boulevards 

Complete 

Street Improvements 

West Hollywood CA 3,000,000 

92 Boulder Creek 

Complete 

Streets Improvements 

Project 

Boulder Creek CA 1,500,000 

93 Broadway Rehabilitation 

Project 

Glendale CA 2,008,000 


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No. Project Name City State/Territory Amount 

94 Build a non-motorized multiuse path along 

State Route 1, 

connecting the 

communities 

of Morro Bay 

and Cayucos 

in San Luis 

Obispo County 

Cayucos CA 4,000,000 

95 Bus/Rail Support Facilities 

and Equipment (Trolley 

Yard Expansion Project) 

San Diego CA 2,000,000 

96 Cabrillo Mole 

Phase II 

Avalon CA 6,700,000 

97 Caltrain Crossing Optimization Project San Jose CA 315,000 

98 Camino Pablo 

Pathway Rehabilitation 

Project 

Orinda CA 528,000 

99 Capital SouthEast Connector—Segment D3 Class 

1 Multi-Use 

Path and 

Broadband 

Folsom CA 2,000,000 

100 Central Avenue 

Safety Improvement 

Project – Additional 

Roundabout 

Alameda CA 1,800,000 

101 Central Mobility 

Hub Pre-Construction 

Project 

San Diego CA 25,000,000 

12,500,000 

12,500,000 

102 Chandler Blvd 

Bike Path 

Gap Closure 

Los Angeles CA 400,000 

103 Chapman Avenue/ 

Lamplighter 

Street Traffic 

Signal 

Garden Grove CA 400,000 


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No. Project Name City State/Territory Amount 

104 Chip Seal Program Lakeport CA 2,288,000 

105 City of Ojai 

Electric Trolley 

Ojai CA 440,000 

106 City of San Fernando Fixed 

Trolley Service – Electric 

Buses 

City of San 

Fernando 

CA 1,340,000 

107 City of San Fernando Sidewalk Repair 

Project 

City of San 

Fernando 

CA 844,800 

108 City of Vista 

Sidewalk Improvement 

Project on Nevada Avenue 

and Lemon 

Avenue 

Vista CA 820,368 

109 Community 

Beautification 

Project 

Glendale CA 2,400,000 

110 Cool Neighborhood Projects Los Angeles CA 1,000,000 

111 Covina Grade 

Crossing Safety Projects 

throughout 

Metrolink Corridor 

Covina CA 3,000,000 

112 Cudahy Citywide Complete 

Streets Improvement 

Project 

Cudahy CA 1,700,000 

113 CUFC—Washington Street 

Widening 

Project 

Stockton CA 1,200,000 

114 Culver CityBus 

Fleet Electrification Facility Infrastructure 

Culver City CA 3,500,000 

115 Del Amo Boulevard Bridge 

Replacement 

and Signal 

Enhancements 

Project 

Cerritos CA 18,000,000 


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No. Project Name City State/Territory Amount 

116 Destination 

Crenshaw 

Streetscape 

Improvement 

Project 

Los Angeles CA 7,600,000 

117 Downtown Mobility Phase 

3A 

San Diego CA 5,600,000 

118 Duarte—Donald 

& Bernice 

Watson MultiUse Pathway 

Improvement 

Project 

Duarte CA 1,225,000 

119 East Bayshore 

Road Safety 

Improvements 

East Palo 

Alto 

CA 1,000,000 

120 East Los Angeles 

Community 

Mobility 

Los Angeles CA 800,000 

121 East Oakland 

Hydrogen 

Fueling Upgrade 

Oakland CA 2,000,000 

122 East San Fernando Valley 

Traffic Signals on the 

High Injury 

Network 

Van Nuys and 

North Hollywood 

CA 1,797,312 

123 East San Fernando Valley 

Transit Corridor 

(ESFVTC) 

Transit-Oriented Community (TOC) 

Plan 

Van Nuys, 

Arleta, 

Pacoima 

CA 1,236,000 

124 East San Fernando Valley 

Transit Corridor Project 

City of San 

Fernando to 

Van Nuys 

CA 10,000,000 

125 East San Jose 

Corridor Safety Improvement Project 

San Jose CA 4,700,000 

126 El Camino Real 

to Via De 

LaValle 

San Diego CA 2,500,000 


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No. Project Name City State/Territory Amount 

127 El Cerrito del 

Norte Area 

TOD Complete 

Streets Improvements 

Project 

El Cerrito CA 2,244,000 

128 Electric Vehicle 

Car Share 

Program 

San Pedro CA 120,650 

129 Elm Avenue 

Road Diet Reconstruction 

and Class IVVentura/California to 

North Avenue 

Fresno CA 3,750,000 

130 Embarcadero 

Station Platform Elevator 

Capacity and 

Redundancy 

Project 

San Francisco CA 6,250,000 

131 Emerald Necklace Quarry 

Clasp Peck 

Park Trail 

Arcadia CA 1,548,800 

132 Evelyn Avenue 

Multi-Use 

Trail 

Sunnyvale CA 3,800,000 

133 Flint Canyon 

Trail Repair/ 

Restoration 

La Can ̃ada 

Flintridge 

CA 4,800,000 

134 Florence A Line 

FLM Improvements 

Los Angeles CA 4,000,000 

135 Francisquito Avenue Metrolink 

At-Grade 

Safety Improvements 

Baldwin Park CA 2,300,000 

136 Gardena GTrans 

Zero-Emission 

Bus Project 

Gardena CA 4,400,000 

137 Garfield Avenue 

Complete 

Streets 

San Pedro CA 1,500,000 

138 Glendora People 

Movement 

Glendora CA 5,000,000 

139 Gold Line Light 

Rail Low 

Floor Station 

Conversion 

Folsom and 

Rancho Cordova 

CA 1,913,788 


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No. Project Name City State/Territory Amount 

140 Golden Gate 

Bridge Physical Suicide 

Deterrent System (SDS) 

Project 

San Francisco CA 6,550,000 

141 Hale Avenue/ 

Santa Teresa 

Expressway 

Extension 

Phase 2A 

Morgan Hill CA 800,000 

142 Harbor Drive 

2.0 

San Diego 

and National 

City 

CA 800,000 

400,000 

400,000 

143 Hawthorne— 

120th Street 

Improvement 

Project 

Hawthorne CA 950,000 

144 High Voltage 

Conversion 

Fed Program 

Unit 2 

City of Los 

Angeles 

CA 347,200 

145 Highland Avenue and Wabash Avenue 

Intersection 

Improvement 

Project 

Redlands CA 400,000 

146 Highway 1 

North Bicycle/ 

Pedestrian 

Improvements 

Project 

Half Moon 

Bay 

CA 1,000,000 

147 Highway 116/ 

West Cotati 

Intersection 

Safety Improvement 

Project 

Cotati CA 2,000,000 

148 Highway 24 

LaMorinda 

Smart Signal 

System project 

Orinda and 

Lafayette 

CA 2,000,000 

149 Highway 9 Safety Improvement Project Monte Sereno CA 520,000 

150 Highways to 

Boulevards 

Los Angeles CA 480,000 


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No. Project Name City State/Territory Amount 

151 I Street Bridge 

Replacement 

Project 

Sacramento 

and West Sacramento 

CA 15,000,000 

152 I–405 Sepulveda 

Pass (Phase 1) 

ExpressLanes 

Los Angeles CA 5,000,000 

153 I–505 Vaca Valley Parkway 

Corridor 

Multimodal 

Improvements 

Project 

Vacaville CA 4,000,000 

154 Inglewood Transit Connector 

(ITC) 

Inglewood CA 9,200,000 

155 Interstate 15 

Northern Extension (I–15 

NEXT) 

Jurupa Valley 

and Eastvale 

CA 20,000,000 

156 Jepson Parkway 

Vanden Road 

Complete 

Streets Project 

to Travis Air 

Force Base 

Fairfield CA 7,460,000 

157 LA Streetcar 

Power Utility 

Relocations 

Los Angeles CA 2,000,000 

158 Lawndale—Redondo Beach 

Blvd Project 

Lawndale CA 1,000,000 

159 Leesdale Passing 

Siding Extension and Upgrade, Ventura 

County, CA 

Camarillo CA 6,000,000 

160 Leucadia 

Streetscape 

Phase 2 

(Shown in the 

TransNet as 

North Coast 

Highway 101 

Beautification) 

Encinitas CA 4,000,000 

161 Liberty Canyon 

(Crossing) 

Agoura Hills CA 5,000,000 

162 Link Union Station Los Angeles CA 5,000,000 


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No. Project Name City State/Territory Amount 

163 Los Nietos Sunshine Shuttle 

Electric Bus 

Replacement 

Unincorporated Los 

Nietos 

CA 480,000 

164 LOSSAN Corridor Improvements Del Mar CA 12,500,000 

165 Malaga Bridge 

Project 

Fontana CA 15,000,000 

166 Market Avenue 

Complete 

Street 

N. Richmond CA 2,170,000 

167 Melrose Avenue 

Complete 

Street Improvements 

West Hollywood CA 4,944,149 

168 Metro Purple 

Line Beverly/ 

Wilshire North 

Portal Project 

City Beverly 

Hills 

CA 5,000,000 

169 Middle Avenue 

Pedestrian/Bicycle Rail 

Crossing 

Project 

Menlo Park CA 6,500,000 

170 Mission Bl/ Pine 

St Safety Improvement 

Project 

Fremont CA 2,000,000 

171 Mobility for All 

Project 

N. Richmond 

and Bay 

Point 

CA 2,000,000 

172 Mobility Wallet 

Demonstration 

and Research 

Study 

Los Angeles 

County 

CA 4,000,000 

173 Monroe Street 

Interchange 

Project 

Indio CA 20,000,000 

174 Napa Valley 

Vine Trail— 

Yountville to 

St. Helena 

St. Helena CA 3,000,000 

175 New Traffic Signal at Morrison and Sepulveda Los Angeles CA 710,000 

176 New Traffic Signal at Plummer and 

White Oak Avenue 

Los Angeles CA 710,400 


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No. Project Name City State/Territory Amount 

177 New Traffic Signal at Scott 

Creek Rd/ 

Zinfandel St 

Fremont CA 950,000 

178 New Transit 

Maintenance 

Facility 

Commerce CA 2,000,000 

179 North San Jose 

Bike Plan Implementation 

San Jose CA 3,838,348 

180 Oakland 7th St 

Bike/Ped Improvements 

Oakland CA 2,500,000 

181 Oakland Alameda Access 

Project 

Oakland and 

Alameda 

CA 2,996,000 

182 Ojai Avenue Pedestrian 

Crossing Safety Lighting 

Improvements 

Ojai CA 440,000 

183 Old I Street 

Bridge Deck 

Conversion for 

Active Transportation 

Project 

West Sacramento CA 4,150,000 

184 Old Town 

Streetscape 

Phase 2 

Elk Grove CA 2,000,000 

185 Olive/Magnolia 

Bridge Safety 

Barrier Rail 

Project 

Burbank CA 2,000,000 

186 Otay Mesa 

Truck Route 

Phase 4 

San Diego CA 1,300,000 

187 Overlook and 

Viewpoint Improvements to 

end of Mouth 

of Smith 

River Road 

Smith River CA 500,000 

188 Pacific Coast 

Highway at 

Crenshaw 

Boulevard 

Intersection 

Capacity Enhancements 

City of Torrance CA 652,800 


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No. Project Name City State/Territory Amount 

189 Parkway Drive 

and Merced 

Street Bicycle 

and Pedestrian Improvements 

El Monte CA 2,600,000 

190 Pedestrian, 

ADA, Traffic 

Signal and 

Pavement Improvements 

along Bus 

Routes 

Temple City CA 6,200,000 

191 Pine Avenue Extension Chino CA 5,000,000 

192 Port of Hueneme 

Intermodal 

Improvement 

Project to 

Modernize the 

Port Wharf 

and Pier and 

Cargo Facilities 

Oxnard CA 3,000,000 

193 Port of Oakland 

Solar, Battery 

Storage and 

Electric Vehicle Truck 

Charger Deployment 

Oakland CA 1,000,000 

194 Puddingstone 

Drive Bicycle 

and Pedestrian Project 

La Verne CA 998,000 

195 Purchase of eleven BatteryElectric 

Buses— 

SLORTA 

San Luis 

Obispo 

CA 5,000,000 

196 Quint-Jerrold 

Connector 

Road 

San Francisco CA 7,200,000 

197 Rail to Rail/ 

River Active 

Transportation Corridor Project 

Los Angeles CA 5,000,000 

198 Reche Canyon 

Road Alignment 

Colton CA 4,452,000 


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No. Project Name City State/Territory Amount 

199 Replacement of 

2nd Street 

Bridge over 

Warm Creek 

San 

Bernardino 

CA 2,000,000 

200 Resilient State 

Route 37 Corridor Enhancement 

Program 

Sonoma CA 7,000,000 

201 Richmond Parkway Transit 

Center and 

Freeway Access Improvements 

Richmond CA 1,000,000 

202 San Fernando 

Road Bike 

Path Phase 

III 

Sun Valley 

and North 

Hollywoood 

CA 594,027 

203 San Francisco 

Bay Area 

Rapid Transit 

(BART) Station Restroom 

and Lighting 

Enhancements 

Oakland, San 

Leandro, 

Berkeley 

CA 3,000,000 

204 San Francisco 

Bay Area regional advance mitigation program 

lameda, 

Contra Costa, 

and Santa 

Clara counties 

CA 5,000,000 

205 San Pablo Avenue Rehabilitation, City 

Limits to 

Pinole Shores 

Pinole CA 742,000 

206 San Rafael 

Channel 

Crossing 

Swing Bridge 

San Rafael CA 2,000,000 

207 Santa Cruz 

METRO Bus 

Replacements 

Santa Cruz CA 1,840,000 

208 Santa Cruz 

Paratransit 

Vans Replacement Project 

Santa Cruz CA 505,750 

209 Saratoga Pedestrian Walkway Project Saratoga CA 1,200,000 


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No. Project Name City State/Territory Amount 

210 Scotts Creek 

Coastal Resiliency Project 

Unincorporated Santa 

Cruz County 

north of Davenport 

CA 3,500,000 

211 Sepulveda Transit Corridor City of Los 

Angeles 

CA 10,000,000 

5,000,000 

5,000,000 

212 Serramonte Boulevard and 

Serramonte 

Center Driveway Traffic 

Signal 

Colma CA 400,000 

213 Sharp Park Priority Development Area 

(PDA) Access 

Resurfacing 

Project 

Pacifica CA 960,000 

214 Slauson Avenue 

Congestion 

Huntington 

Park 

CA 1,000,000 

215 SMART Russian 

River Rail 

Bridge Rehabilitation 

Healdsburg CA 13,606,840 

216 Solar Energy 

Project (Phase 

2) 

Stockton CA 5,300,000 

217 SR 86 Improvement Project Imperial CA 3,000,000 

218 SR128/I–505 

Overcrossing 

(Br. 22–0110)/ 

Russell Blvd 

Bicycle and 

Pedestrian 

Improvements 

Winters CA 8,540,000 

219 State Route 11/ 

Otay Mesa 

East Port of 

Entry 

San Diego CA 12,500,000 

220 State Route 132 

West Project 

Modesto CA 12,000,000 

221 State Route 25 

Expressway 

Conversion 

and State 

Route 25/156 

Interchange 

Project 

Hollister CA 10,000,000 


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No. Project Name City State/Territory Amount 

222 State Route 37 

and Fairgrounds Drive 

Interchange 

Improvements 

Vallejo CA 4,000,000 

223 State Route 99 

Madera 

South—Operational Improvement 

Project 

Madera CA 10,000,000 

224 Stockton Rail 

Maintenance 

Facility Expansion 

Stockton CA 6,715,000 

225 Sustainable Mobility Expansion Project 

Redlands CA 1,756,630 

226 Tarzana Crossing Great 

Streets Project 

Tarzana—Los 

Angeles 

CA 500,000 

227 The Highway 

101 

Multimodal 

Corridor 

Project from 

Santa Barbara to 

Montecito with 

improvements 

on Highway 

101 (SB–101– 

PM 9.1/12.3) 

and Adjacent 

Local Streets 

including the 

Cabrillo Boulevard Bicycle 

and Pedestrian Improvement 

Project 

Santa Barbara CA 11,000,000 

228 Thornton Avenue 

Pavement Rehabilitation 

Newark CA 2,000,000 

229 Torrance to 

Florence Bus 

Service 

Torrance CA 4,432,924 


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No. Project Name City State/Territory Amount 

230 Track Rehabilitation of the 

San 

Bernardino 

Line 

City of Rancho 

Cucamonga, 

California 

spanning to 

the City of 

Montclair, 

California including the 

cities of Rancho 

Cucamonga, 

Upland, and 

Montclair 

CA 2,000,000 

231 Traffic Signal 

System Upgrades on I– 

680 Project 

Danville, 

Walnut Creek, 

Concord, 

Pleasant Hill 

CA 6,000,000 

232 Tri MyRide 

Fleet Expansion Project 

Antioch CA 1,760,000 

880,000 

880,000 

233 TRI-CONNECT, 

SoCal Freight 

Initiative 

Los Angeles CA 3,357,895 

234 U.S. 101 and 

Del Norte 

Boulevard 

Interchange 

Oxnard CA 3,000,000 

235 Union Street 

Protected Bike 

Lanes 

Pasadena CA 1,600,000 

236 US 101 / 

Woodside 

Interchange 

Improvement 

Redwood City CA 2,500,000 

237 US 101 Safety 

Improvements—South 

of Salinas 

Salinas and 

Chualar 

(Monterey 

County) 

CA 2,000,000 

238 US 101/SR 25 

Interchange 

Phase 2— 

Santa Teresa 

Boulevard Extension 

Gilroy CA 5,000,000 

239 US–101 Managed Lane 

Project North 

of I–380 

San Mateo CA 10,000,000 


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No. Project Name City State/Territory Amount 

240 Valley Link— 

Implementation of Sustainability 

Blueprint 

Livermore CA 20,000,000 

241 Vasco Road 

Safety Improvements 

Phase II 

Byron CA 3,905,000 

242 Vermont Transit 

Corridor Improvements 

Los Angeles CA 10,000,000 

3,900,000 

6,100,000 

243 Walnut Park 

Bus Stop Improvements 

Walnut Park CA 1,200,000 

244 Walnut Park Pedestrian Plan 

Implementation 

Walnut Park CA 1,200,000 

245 Warm Springs 

Grade Crossing Improvements 

San Jose CA 7,703,100 

246 West Berkeley 

Bicycle and 

Pedestrian 

Improvements 

Berkeley CA 704,000 

247 West San Jose 

Priority Bikeways Implementation 

Project 

San Jose CA 3,285,680 

248 West Santa Ana 

Branch Transit Corridor 

Los Angeles CA 5,000,000 

249 West Valley Connector Bus 

Rapid Transit—Phase 1, 

and ZeroEmission Bus 

Initiative 

San 

Bernardino 

CA 5,000,000 

250 White Rock 

Road—0.5 

Miles East of 

Rancho Cordova Parkway 

to the Easterly 

City Limits 

Rancho Cordova CA 12,307,000 


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No. Project Name City State/Territory Amount 

251 Widen Central 

Ave to add 

new Class II 

Bike Lanes 

near U.S. 101 

to the northwest city limits 

Camarillo CA 4,000,000 

252 Wilmington Waterfront-Avalon Pedestrian 

Bridge 

Wilmington CA 1,000,000 

253 Woodman Ave. 

Pedestrian 

Improvement 

Project 

Panorama 

City 

CA 3,256,591 

254 Ygnacio Valley 

Road Project 

Walnut Creek CA 1,000,000 

255 Yosemite Area 

Regional 

Transportation System 

Merced CA 2,250,000 

256 Zero Emission 

Bus Replacements, Charging Infrastructure and 

Zero Emissions Job 

Training 

Oxnard CA 1,675,000 

257 Zero Emission 

Buses and 

Charging Infrastructure 

Wilmington CA 5,000,000 

258 Zero Emissions 

Bus Purchase—Pasadena, CA 

Pasadena CA 2,100,000 

259 16th St Mall Reconstruction 

Program 

Denver CO 6,530,000 

260 Aurora Bicycle 

and Pedestrian Master 

Plan Update 

Aurora CO 800,000 

261 Big Barnes 

Ditch Trail 

Improvements 

Loveland CO 500,000 

262 Cameron Peak 

Post-Fire 

Emergency 

Funding 

Larimer 

County 

CO 2,000,000 


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No. Project Name City State/Territory Amount 

263 Central Corridor 

Rail Replacement 

Denver CO 7,930,000 

264 CO 9 Widening 

from Iron 

Springs to 

Frisco 

Summit 

County 

CO 1,000,000 

265 Easter/Havana 

Intersection 

Improvements 

Centennial CO 6,000,000 

266 Eisenhower 

Johnson Memorial Tunnel 

(EJMT) Repairs and Upgrades 

Dillon CO 4,000,000 

267 Expansion of 

Gun Club 

Road 

Aurora CO 1,500,000 

268 Federal Parkway 

Multimodal 

Transportation Improvements 

Westminster CO 4,107,114 

269 Frisco Transit 

Center 

Frisco CO 6,650,000 

270 I–25 Valley 

Highway: 

Phases 3 and 

4 ROW Acquisition 

Denver CO 5,530,000 

271 I–25/Belleview 

Avenue Interchange Improvements 

Greenwood 

Village 

CO 10,000,000 

272 I–70 and 32nd 

Ave. Bridge 

Replacement 

Wheat Ridge CO 2,000,000 

273 SH–72 (Indiana 

St) Widening 

at UPRR 

Arvada CO 1,095,872 

274 State Highway 

119 and State 

Highway 52 

Multimodal 

Intersection 

Improvements 

Boulder 

County 

CO 5,000,000 

275 US 36 and Community Drive 

Roundabout 

Estes Park CO 850,000 


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No. Project Name City State/Territory Amount 

276 Wadsworth Widening: 35th 

Avenue to I– 

70 

Wheat Ridge CO 10,000,000 

277 West Colfax Pedestrian Safety and Infrastructure 

Project 

Lakewood CO 1,750,000 

278 Branchville 

Transit Oriented Development Pedestrian/Bicycle 

Improvement 

Ridgefield CT 1,853,120 

279 Comstock Brook 

Bridge (No. 

04975) Replacement 

Wilton CT 2,400,000 

280 Coventry Main 

Street Sidewalk Project 

Final Extension 

Coventry CT 1,200,000 

281 CT–195 (Storrs 

Road) Pedestrian Safety 

Improvements 

Mansfield CT 2,240,000 

282 East Haddam/ 

Haddam 

Swing Bridge 

Rehabilitation 

Project 

East Haddam CT 5,000,000 

283 Essex River 

Road Bridge 

and Sidewalk 

Project 

Essex CT 2,400,000 

284 Five Mile River 

Bridge (No. 

04152) Replacement 

Norwalk CT 2,860,000 

285 Greater Hartford 

Mobility 

Study – Planning and Preliminary Engineering 

Hartford and 

East Hartford 

CT 16,000,000 

286 Greenwich Creek 

Bridge (No. 

01872) Replacement 

Greenwich CT 2,530,000 


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No. Project Name City State/Territory Amount 

287 Harbor Brook 

Bridge (No. 

04185) Replacement 

Project 

Meriden CT 2,800,000 

288 Intersection Improvements on 

Route 39 at 

Beckerle Street 

and East Gate 

Road 

Danbury CT 3,332,000 

289 Mill River 

Bridge (No. 

04953) Replacement 

Fairfield CT 2,700,000 

290 New Haven 

Downtown 

Crossing 

Phase 4 – 

Temple Street 

Crossing 

New Haven CT 20,000,000 

291 New London Pedestrian 

Bridge and 

Public Access 

Project 

New London CT 4,860,000 

292 Park Avenue 

Traffic Signals 

Bridgeport CT 2,686,000 

293 Quinebaug River 

Trail – Plainfield Section 

Plainfield CT 2,179,953 

294 Route 10 Hop 

Brook Bridge 

(No. 00653) 

Replacement 

Project 

Simsbury CT 2,400,000 

295 Route 109 

Bridge (No. 

05417) Replacement 

Project 

Morris CT 1,520,000 

296 Route 202 Intersection Improvement 

Project 

Brookfield CT 7,400,000 

297 Route 25 Bridge 

(No. 06750) 

Rehabilitation 

Trumbull CT 1,464,000 


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No. Project Name City State/Territory Amount 

298 Stamford Transportation Center Improvement Stamford CT 3,500,000 

299 20 x 22 Protected Bike 

Lanes 

Washington DC 3,000,000 

300 Arboretum 

Bridge and 

Trail 

Washington DC 4,000,000 

301 Bus Priority 

Program 

Washington DC 4,000,000 

302 H Street Bridge Washington DC 3,000,000 

303 Metropolitan 

Branch 

Trail—Fort 

Totten to Takoma 

Washington DC 3,000,000 

304 Pavement Restoration, National Highway Performance Program 

Washington DC 3,000,000 

305 US 113/SR 20 

Grade Separated Intersection 

Millsboro DE 10,000,000 

306 West Camden 

Bypass 

Camden DE 10,000,000 

307 Approach Road 

at Cecil Air 

and Space 

Port 

Jacksonville FL 600,000 

308 Card Sound 

Bridge Replacement 

Planning and 

Design Project 

Key Largo FL 4,200,000 

309 City of South 

Miami Pedestrian Bridge 

South Miami FL 4,330,000 

310 Commodore 

Trail Missing 

Link 

Miami / Coral 

Gables 

FL 999,205 

311 Dunedin Causeway Bridge 

Project 

Dunedin FL 8,000,000 

5,000,000 

3,000,000 


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No. Project Name City State/Territory Amount 

312 Harborview 

Road from 

Melbourne 

Street to I–75 

Port Charlotte FL 20,000,000 

313 Marlin Road 

Roadway Improvements 

Project 

Cutler Bay FL 8,800,000 

314 Miami River 

Greenway— 

Curtis Park 

East 

Miami FL 2,392,000 

315 Midway Road 

Multimodal/ 

Freight Improvements 

and Florida’s 

Turnpike Connection 

Port St. Lucie FL 15,000,000 

316 North Bay Village 79th 

Street Complete Streets 

Project 

North Bay 

Village 

FL 1,000,000 

317 Port St. Lucie 

Boulevard 

South—Segment 2.2 

(Alcantarra 

Boulevard to 

Paar Drive) 

Port St. Lucie FL 5,000,000 

318 PortMiami 

Shore Power 

Pilot Program 

Miami FL 2,000,000 

319 Reconstruction of 

State Road 

33/Interstate 4 

Interchange 

(Exit 38) 

Lakeland FL 20,000,000 

320 Ridge Road Extension Phase 

2B 

Unincorporated Pasco 

County 

FL 15,000,000 

321 Alleyways 

Drainage Improvement 

Project 

Miami Gardens FL 240,000 

322 Breakers Avenue 

Streetscape 

Project 

City of Fort 

Lauderdale 

FL 5,200,000 

323 Cass Street 

Bridge Rehabilitation 

Tampa FL 5,116,000 


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No. Project Name City State/Territory Amount 

324 Central Florida 

Regional 

Transportation Electronic 

Contactless 

Payment System 

Orlando FL 1,032,500 

325 City of West 

Palm Beach 

Grand View 

Heights Street 

Pedestrian 

Safety Improvements 

Phase 2 

West Palm 

Beach 

FL 1,200,000 

326 Corrine Drive 

Complete 

Streets Project 

Orlando FL 6,900,000 

327 County Line 

Road Improvement 

Project 

West Park FL 944,000 

328 Crystal Lake 

Drive Project 

City of Deerfield Beach FL 389,088 

329 E.E. Williamson 

Road Trail 

Connect 

Longwood FL 4,346,000 

330 Econlockhatchee 

Trail 

Multimodal 

Corridor Improvements 

Orlando FL 8,193,500 

331 Flavor Pict 

Road from 

Lyons Road to 

Hagen Ranch 

Road 

Delray Beach FL 4,780,000 

332 Gulf to Bay 

(SR60) Duke 

Energy Trail 

Overpass 

Clearwater FL 6,000,000 

333 HART Bus Shelter Revitalization and Expansion 

Tampa FL 6,990,100 

334 Hinson Avenue 

Widening 

Project 

Haines City FL 1,375,000 


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No. Project Name City State/Territory Amount 

335 International 

Drive and 

Sand Lake 

Road (SR 

482) Pedestrian Bridge 

Orlando FL 7,000,000 

336 InVision Tampa 

Streetcar 

Tampa FL 7,700,000 

337 Johnson Street 

Bridge Replacement 

Project 

Hollywood FL 2,904,000 

338 JTA’s Sustainability and 

Renewable 

Energy Transit Facility 

(Project ID 

425454–2) 

Jacksonville FL 2,315,840 

339 Lake Monroe 

Loop Trail 

Sanford FL 3,313,181 

340 Lowson Boulevard from 

Dover Road to 

Federal Highway 

Delray Beach FL 1,106,296 

341 Loxahatchee Rd. 

from Arthur 

Marshall 

Loxahatchee 

Refuge to SR– 

7/US–441 

City of Parkland FL 5,000,000 

342 Lyons Road Pedestrian Mobility Lighting 

and Safety 

Project 

City of Coconut Creek FL 2,700,000 

343 Magnolia Drive 

Trail – Phase 

1, 2, & 4 

(Project ID: 

4098037) 

Tallahassee FL 5,000,000 

344 Marigold Ave 

from San 

Lorenzo Rd to 

Peabody Rd 

(4 Roundabouts) 

Poinciana FL 4,731,586 

345 Neptune Road 

Widening and 

Improvement 

Project 

Kissimmee FL 5,000,000 


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No. Project Name City State/Territory Amount 

346 NW 183rd to 

191st Street 

and NW 27th 

to 42nd Avenue Road and 

Sidewalk 

Project 

Miami Gardens FL 1,200,000 

347 NW 187th Street 

to NW 199th 

Street, from 

NW Sunshine 

State Parkway East to 

NW 12th Avenue AreaRoad Resurfacing, Sidewalks, and 

Drainage Improvement 

Project 

Miami Gardens FL 960,000 

348 NW 191st to 

199th Street 

and NW 2nd 

to 7th Avenue 

Roadway and 

Sidewalk 

Project 

Miami Gardens FL 600,000 

349 NW 199th to 

202nd Street 

between NW 

3rd and 15th 

Avenue-Road 

Resurfacing 

and Sidewalks 

Improvement 

Project 

Miami Gardens FL 960,000 

350 NW/NE 87th 

Street Corridor 

Village of El 

Portal 

FL 1,320,551 

351 Opa-locka Railroad Crossing 

Repair 

Opa-Locka FL 2,400,000 

352 Orange Blossom 

Trail Sidewalks Phase 

2A 

Orlando FL 3,012,472 

353 Palm Beach 

County Bus 

Shelter Infrastructure 

Palm Beach 

County 

FL 8,300,000 

300,000 


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No. Project Name City State/Territory Amount 

8,000,000 

354 Palm Springs, 

FL, Park Connector Pathway System 

Palm Springs FL 854,550 

355 Pine Hills Trail 

Phase 2 from 

Silver Star 

Road (SR 

438) to 

ClarconaOcoee Road 

Orlando FL 557,000 

356 President Barack 

Obama Parkway, Phase 2, 

Orlando, Florida 

Orlando FL 8,360,000 

357 Rolling Stock Hallandale 

Beach, Hollywood, Dania 

Beach, Fort 

Lauderdale, 

Wilton Manors, Oakland 

Park, Pompano Beach, 

Deerfield 

Beach and 

Palm Beach 

County 

FL 9,000,000 

5,000,000 

4,000,000 

358 SMART Plan 

Beach Express 

(BERT) North 

Capital Bus 

Purchase 

Miami FL 9,100,000 

359 Solar-Powered 

Zero-Emission 

Bus and Facility Charging Infrastructure 

St. Petersburg FL 6,000,000 

360 South City 

Transit Capital Project 

StarMetro 

Modernization 

Tallahassee FL 2,400,000 

361 Southcot Drive 

Sidewalk 

Casselberry FL 189,357 


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No. Project Name City State/Territory Amount 

362 SR 50 (Colonial) 

from Thornton 

Ave to Mills 

Ave 

Orlando FL 917,933 

363 SR 63 (US 27) 

Monroe Street 

from John 

Knox Road to 

Lakeshore 

Drive (Project 

ID 4450531) 

Tallahassee FL 2,400,000 

364 SR-5/US-1/Federal Hwy 

from Johnson 

St. to SR-822/ 

Sheridan St. 

Hollywood FL 1,899,308 

365 SR–820/Pines 

Blvd from W 

of SW 136th 

Ave to E of 

NW 118th Ave 

Pembroke 

Pines 

FL 5,000,000 

366 SR-A1A from 

Hallandale 

Beach Boulevard to Dania 

Beach Boulevard Drainage 

Improvement 

Project 

Hallandale 

Beach, Hollywood, and 

Dania Beach 

FL 1,075,350 

367 StarMetro Bus 

Replacement 

Tallahassee FL 1,800,000 

368 SW 36th Street 

Complete 

Street Improvements 

Project 

West Park FL 1,600,000 

369 SW 52nd Avenue 

Complete 

Street Improvements 

Project 

West Park FL 602,400 

370 Treasure Island 

Causeway 

Bridge Project 

Treasure Island FL 4,480,000 

371 University Boulevard at 

Dean Road 

Intersection 

Improvement 

Orlando FL 1,000,000 


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No. Project Name City State/Territory Amount 

372 University Drive 

from NW 40th 

St. to 

Sawgrass Expressway 

City of Coral 

Springs 

FL 5,000,000 

373 West Warren Avenue Complete 

Street 

Longwood FL 400,000 

374 Atlanta Beltline Atlanta GA 5,000,000 

375 Big Creek Greenway Phase 2 

RenovationReplacement 

Cumming GA 3,000,000 

376 Brennan Road 

Improvements 

Columbus GA 7,360,000 

377 Buford Highway 

Pedestrian 

Improvements 

Doraville GA 1,373,859 

378 Bus/Paratransit 

Vehicle Acquisition for 

Local Route 

70 

Snellville/ 

Northern 

Dekalb 

GA 6,000,000 

379 Cascade 

Multimodal 

Corridor 

Atlanta GA 1,000,000 

380 Cherokee Area 

Transportation System 

Headquarters 

Canton GA 2,400,000 

381 City of Forest 

Park Pedestrian Bridge 

Forest Park GA 2,000,000 

382 City of Sugar 

Hill’s Highway 20 Pedestrian Bridge 

Sugar Hill GA 5,000,000 

383 Clayton Justice 

Center Transit 

Hub – Phase 

II 

Jonesboro GA 4,960,000 

384 Cobb Parkway at 

McCollum 

Parkway 

Road Realignment 

Kennesaw GA 3,500,000 

385 Cumberland 

Core Loop 

Atlanta GA 1,700,000 


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No. Project Name City State/Territory Amount 

386 East West Connector Corridor Improvement, Cobb 

County GA 

Smyrna GA 4,500,000 

387 Emory-CDC 

Intersection 

Project 

Atlanta GA 550,000 

388 GDOT Project 

No. 0013752 

Americus GA 1,216,958 

389 GDOT Project 

No. 0015563 

Cuthbert GA 2,405,280 

390 GDOT Project 

No. 0015638 

Reynolds GA 1,608,000 

391 GDOT Project 

No. 0015651 

Arabi GA 568,000 

392 GDOT Project 

No. 0015652 

Talbotton GA 984,000 

393 Global Gateway 

Connector 

College Park GA 3,542,355 

394 Gwinnett Place 

Transit Center/Mall of 

Georgia local 

bus service 

Gwinnett 

County 

GA 5,000,000 

395 I–20 Diverging 

Diamond 

Interchange at 

Chapel Hill 

Road 

Douglasville GA 5,000,000 

396 Lawrenceville 

Area Park 

and Ride Lot 

Lawrenceville GA 4,800,000 

397 Macon Transit 

Authority 

Electric Transit and Paratransit Vehicle 

Purchases 

Macon GA 2,600,000 

398 MARTA Route 

115—Covington Highway 

Decatur GA 2,000,000 

399 McDaniel Farm 

Park Connector multiuse path 

Gwinnett 

County 

GA 2,000,000 

400 Metropolitan 

Parkway Arterial Rapid 

Transit (ART) 

Atlanta GA 3,000,000 


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No. Project Name City State/Territory Amount 

401 New Bus Rapid 

Transit Service along US 

78 

Snellville/ 

Stone Mountain 

GA 5,000,000 

402 North Avondale 

Road Complete Streets 

Project 

Avondale Estates GA 1,975,560 

403 Peachtree Creek 

Greenway 

Brookhaven GA 3,382,000 

404 Project DeRenne Savannah GA 20,000,000 

405 Safety Improvements—Intersection of N 

Westover Blvd 

at Nottingham 

Way 

Albany GA 368,791 

406 South Barrett 

Parkway Reliever 

Kennesaw GA 2,000,000 

407 South Cobb 

Drive Corridor 

Smyrna GA 250,000 

408 SR 120 (Abbotts 

Bridge Road) 

Operational 

and Safety 

Improvements 

Johns Creek GA 13,800,000 

409 SR234 and 

Westover 

Blvd—Add 

Westbound 

Right Turn 

and Southbound Left 

Albany GA 349,295 

410 Stonecrest Transit Hub Stonecrest GA 5,000,000 

411 Widen and Realign Intersection of Sands 

Drive and Radium Springs 

Albany GA 2,509,319 

412 Windy Hill Boulevard Smyrna GA 500,000 

413 Guam Public 

Transit Modernization— 

Bus Shelters 

Hagatna GU 20,000,000 


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No. Project Name City State/Territory Amount 

414 Bus and Handi 

Van Acquisition Program 

(Battery Electric Buses; 

Electrification 

of Route 40) 

Honolulu HI 7,398,400 

3,699,200 

3,699,200 

415 Hanapepe Road 

Resurfacing 

Hanapepe HI 3,680,000 

416 Hawaii Recreational 

Trails Program (Hawaii 

Integrated 

Trail System) 

Multiple Cities HI 4,000,000 

417 Interstate Route 

H–1 Improvements, Eastbound, Ola 

Lane Overpass 

to Vineyard 

Boulevard 

Honolulu HI 6,150,000 

418 Leeward Bikeway, Philippine Sea 

Road to 

Waipahu 

Depot Street 

Honolulu HI 6,150,000 

419 Papalaua Street 

(RTS 3020, 

MP 0.13– 

MP0.17) Traffic Signal Upgrade at 

Wainee Street 

(Route 3015, 

MP 0.3– 

MP0.34) 

Maui HI 1,154,000 

420 Waianuenue Avenue Rehabilitation Hilo HI 7,277,499 

421 Waimea to 

Kekaha 

Shared Use 

Path 

Hanapepe HI 2,000,000 


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No. Project Name City State/Territory Amount 

422 Wakea Avenue 

(Route 3920, 

MP 0.70-MP 

0.71) and Kamehameha Avenue (Route 

3940, MP 

0.91–MP0.92) 

Intersection 

Improvements 

Maui HI 2,186,000 

423 HIRTA Regional 

Transit Facility 

Waukee IA 2,321,000 

424 In the City of 

Iowa City, on 

Dodge Street, 

from Burlington Street 

north to Governor Street. 

Iowa City IA 9,943,600 

425 Iowa 136 bridge 

replacement 

over Elwood 

Creek 3.1 

miles west of 

US 61 in 

Clinton County 

Clinton County IA 1,144,800 

426 Marion County—County 

Road G28 corridor 

Marion County IA 2,000,000 

427 Red Rock Prarie 

Trail (Iowa 

117 to Co Rd 

S27) 

Prairie City IA 900,000 

428 Bus Replacements Across 

the District 

Des Moinse IA 5,000,000 

429 Mills Civic 

Parkway Improvements 

West Des 

Moines 

IA 2,000,000 

430 Red Oak Bridge 

Replacement 

Red Oak IA 700,000 

431 Southeast Connector Des Moines IA 7,000,000 

432 Traffic Incident 

Management 

Center at 

Camp 

Dodge—Phase 

I 

Johnston IA 4,880,000 


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No. Project Name City State/Territory Amount 

433 1st Street Reconstruction Ammon ID 5,375,700 

434 Center Street 

Railroad 

Bridge Underpass 

Pocatello ID 4,277,000 

435 Fort Hall 

Connect- Upgrade of Ross 

Fork Road 

Fort Hall ID 3,500,000 

436 I–15B (US–30) 

McCammon 

IC TO Old 

US–91 

McCammon ID 1,716,660 

437 State Street Premium Corridor, Part 2, 

Boise Area, 

Valley Regional Transit 

Boise and 

Garden City 

ID 2,000,000 

438 Alton Avenue 

Reconstruction 

Madison IL 624,000 

439 Alton Road Reconstruction 

Phase I & II 

Carlinville IL 616,000 

440 Brush College 

Road and 

Faries Parkway Grade 

Separation 

Decatur IL 2,000,000 

441 Calhoun Street 

Bridge Replacement 

City of Morris IL 1,200,000 

442 Candy Lane Macomb IL 3,500,000 

443 Centennial Park 

Shared Use 

Path 

Heyworth IL 963,540 

444 Cloverleaf and 

East Madison 

Subdivisions 

Improvements 

Madison IL 296,000 

445 Curtis Road 

Grade Separation & Complete Streets 

Project 

Savoy IL 3,293,700 

446 Dix Irvington 

Road Safety 

Project 

Centralia IL 600,000 

447 Dupo Interchange Dupo IL 1,700,000 


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No. Project Name City State/Territory Amount 

448 Edwardsville 

Road Resurfacing Project 

Wood River IL 668,000 

449 Frank Scott 

Parkway East 

Extension 

Shiloh IL 12,512,000 

450 Hamilton Road 

East-West 

Connection 

Project 

Bloomington IL 7,000,000 

3,500,000 

3,500,000 

451 Hilltop Road 

Multi-Use 

Trail Extension Project 

Springfield IL 440,000 

452 Lincoln Prairie 

Trail Bridge 

Replacement 

Project 

Taylorville IL 487,161 

453 Madison Avenue 

from 23rd 

Street to 27th 

Street Resurfacing 

Granite City IL 759,420 

454 Main Street Reconstruction 

Project 

Roscoe IL 3,880,000 

455 Marissa—Main 

St. Resurfacing 

Marissa IL 476,000 

456 Pioneer Parkway 

Reconstruction 

Peoria IL 5,000,000 

457 Prospect Road 

Revitalization 

Peoria 

Heights 

IL 6,000,000 

458 Reas Bridges Replacement 

Project over 

Lake Decatur 

Decatur IL 3,500,000 

459 Reconstruction of 

Main Street 

from Elm 

Street to 

Madison 

Street 

Staunton IL 1,569,456 

460 Resurfacing of 

County Highway 16 in 

Williamson 

County 

Williamson 

County 

IL 352,000 


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No. Project Name City State/Territory Amount 

461 Resurfacing of 

Main Street, 

Bainbridge 

Trail, and 

Penecost 

Streets 

Marion IL 572,000 

462 Riverside Boulevard Reconstruction and 

Widening 

(Phase II and 

III) 

Loves Park 

and Rockford 

IL 14,920,000 

463 Royal Lakes 

Road Rehabilitation 

Project 

Royal Lakes IL 23,408 

464 Spotsylvania 

Street Improvements 

New Athens IL 452,000 

465 Stanford Avenue 

Reconstruction 

from 11th 

Street to Fox 

Bridge Road 

Springfield IL 1,279,035 

466 Structure Replacement 

Over Piles 

Fork Creek 

Carbondale IL 504,000 

467 US 67 Widening 

from Delhi 

Bypass Project 

to Crystal 

Lake Rd. 

Jerseyville IL 1,200,000 

468 West Main Cross 

Street Improvements 

from Webster 

Street to 

Shumway 

Street 

Taylorville IL 1,127,700 

469 Western Road— 

Marshall 

County 

Henry IL 2,000,000 

470 118 N Clark 

Pedway Extension 

Chicago IL 2,700,000 

471 143rd St Expansion—West 

Ave to SW 

Highway 

Orland Park IL 9,247,702 


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No. Project Name City State/Territory Amount 

472 143rd St from 

IL 59 to IL 

126 

Plainfield IL 6,200,000 

3,700,000 

2,500,000 

473 34th Street Road 

Modernization 

and 

Stormwater 

Management 

Improvements 

Phase I Design 

Berwyn IL 5,022,323 

474 606 Extension – 

Ashland Ave 

to Elston Ave 

Chicago IL 1,440,000 

475 75th Street from 

Milbrook 

Drive to 

Greene Road 

Naperville IL 648,560 

476 80th Ave from 

191st to 183rd 

St Lane Improvements 

Tinley Park IL 1,500,000 

477 9th Street TwoWay Conversion (Whitman Interchange) 

Rockford IL 4,050,000 

478 Algonquin Road 

(Various 

Intersections) 

and Wilmot 

Road at Main 

Street Intersection Improvements 

Spring Grove IL 2,400,000 

479 All Stations Accessibility 

Program— 

Blue Line Irving Park 

Chicago IL 4,330,000 

480 Arterial Resurfacing Chicago IL 9,357,677 

481 Berkeley Industrial Pedestrian Connector 

Chicago IL 424,500 

482 Bike Path along 

Quentin Road 

Hawthorn 

Woods/Lake 

Zurich 

IL 1,000,000 


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No. Project Name City State/Territory Amount 

483 Bliss Rd/Fabyan 

from Fabyan 

to Bliss Rd 

Geneva IL 7,000,000 

484 Butler Drive Chicago IL 4,500,000 

485 Central Road: 

Barringon Rd 

to Huntington 

Blvd 

Hoffman Estates IL 2,000,000 

486 City of Berwyn, 

16th Street 

Rehabilitation 

Project 

Chicago IL 1,967,468 

487 City of Peoria 

Adams/Jefferson 2–Way 

Conversion 

Peoria IL 5,000,000 

488 Columbia Bridge Chicago IL 2,000,000 

489 CTA—ASAP 

(Belmont Station) 

Chicago IL 3,370,000 

490 CTA Red Line— 

Loyola Station Improvements 

Chicago IL 3,600,000 

491 DeKalb Traffic 

Signal Upgrades 

DeKalb IL 570,000 

492 Division Street 

Resurfacing 

Oak Park IL 2,000,000 

493 Dundee Ave Reconstruction Elgin IL 5,900,000 

494 East Branch 

DuPage River 

Trail 

Lombard IL 1,200,000 

495 East New York 

Street from 

North 

Farnsworth 

Ave to Welsh 

Drive 

Aurora IL 1,138,300 

496 Fullerton Avenue 

between N 

Schmale Rd 

and 

Bloomingdale 

Rd 

Glendale 

Heights 

IL 696,500 

497 Gougar Road 

from Laraway 

Road to 

Francis Road 

Joliet and 

New Lenox 

IL 2,700,000 


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No. Project Name City State/Territory Amount 

498 Greater Downtown Master 

Plan Phase 

4A 

East Moline IL 4,946,000 

499 Hobson Rd 63rd 

St from 

Woodridge Dr 

to Janes Ave 

Woodridge IL 490,000 

500 Homan Corridor 

Improvements 

Chicago IL 500,000 

501 I–294 103rd 

Street Interchange 

Chicago Ridge IL 5,000,000 

502 I–294 Crestwood/ 

Robbins Interchange 

Crestwood 

and Robbins 

IL 4,800,000 

503 I–57 Interchange 

near Mile 

Marker 332 

(Between Harlem Avenue 

and Pauling 

Road) 

Unincorporated Will 

County 

IL 4,500,000 

504 IL 171 (State 

Street) Pedestrian Safety 

Improvements 

Lockport IL 1,400,000 

505 IL 38/Roosevelt 

Road at 

Naperville 

Road 

Wheaton IL 4,800,000 

506 IL 50 from S of 

Brookmont 

Blvd to N of 

US 45/52 & 

Indiana Ave 

to Fair St in 

Kankakee 

Kankakee IL 5,000,000 

507 IL–21 Milwaukee Ave 

Improvements 

(Glenview) 

Glenview IL 2,000,000 

508 IL–62 Algonquin 

Rd at New 

Wilke Rd 

Intersection 

Improvements 

Rolling Meadows IL 226,935 

509 Jackson Blvd 

Resurfacing 

(Desplaines to 

Harlem Ave) 

Chicago IL 800,000 


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No. Project Name City State/Territory Amount 

510 Kedzie and Lake 

improvements 

Chicago IL 500,000 

511 Lake Cook Road 

(IL–53 to 

Raupp Blvd) 

Mount Prospect and 

Desplains 

IL 3,000,000 

512 Lombard Rd Resurfacing and 

Improvements 

Addison IL 900,000 

513 Madison Street 

Resurfacing 

Bellwood IL 1,107,200 

514 Main Street Reconstruction 

from Randall 

Road to Van 

Nortwick Avenue 

Batavia IL 600,000 

515 McConnell Road 

Intersection 

and Roadway 

Improvements 

Freeport IL 2,528,200 

516 Metra Zero 

Emission Vehicle Pilot 

Chicago Region IL 12,000,000 

1,000,000 

5,000,000 

6,000,000 

517 Midway Bus 

Terminal 

Electrification 

Concept Design 

Chicago IL 550,000 

518 N Lake Shore 

Drive Improvements 

Chicago IL 2,000,000 

519 North Chicago 

Pace Route 

Access 

North Chicago IL 508,080 

520 Oak Park Avenue—111th St 

to 107th St 

Worth IL 520,000 

521 Pace Cermak 

Road Transit 

Signal Priority 

Westchester, 

Oak Brook 

and Oakbrook 

Terrace 

IL 390,000 

522 Pace Pulse 

Line—Harlem 

Avenue Traffic 

Signal Improvements 

Morton Grove IL 400,000 

523 Pace Pulse South 

Halsted Line 

Chicago, Riverdale, and 

Harvey 

IL 900,000 


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No. Project Name City State/Territory Amount 

524 PACE Transit 

Signal Priority 

Chicago IL 900,000 

525 Park Blvd Resurfacing Streamwood IL 220,783 

526 Patriot Path Lake County IL 9,794,640 

527 Proposed Midwest Medical 

Center Entrance and 

Highway Improvements 

Galena IL 2,000,000 

528 Pulaski Corridor 

Improvements 

Chicago IL 500,000 

529 Pulaski Road: 

127th St to 

159th St 

Alsip, Crestwood, 

Midlothian, 

Markham, 

and Robbins 

IL 2,500,000 

530 Rand US–12 / 

Kensington / 

IL–83 Intersection Improvements 

Mount Prospect IL 4,500,000 

531 Rand/Central/Mt 

Prospect Road 

Intersection 

Improvements 

Mount Prospect and 

Desplains 

IL 371,000 

532 Randall and 

Hopps Road 

Intersection 

Elgin IL 5,000,000 

533 Randall Road 

from Alexandra Blvd to 

Polaris Dr/ 

Acorn Ln 

Lake in the 

Hills 

IL 2,000,000 

534 Rehabilitative 

Resurfacing of 

Belmont Avenue—25th Ave 

to W of Elm 

St, Fran 

Franklin 

Park 

IL 588,000 

535 Rehabilitative 

Resurfacing of 

Ill 64 North 

Ave—I–294 to 

Harlem Ave & 

N Frontage 

Rd - 7th Ave 

to 5th Ave 

Elmwood 

Park, Melrose 

Park, 

Northlake, 

River Forest, 

River Grove 

IL 7,920,000 


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No. Project Name City State/Territory Amount 

536 Rodenburg Road 

Corridor Improvement 

Project 

Roselle IL 928,000 

537 Schick Road Resurfacing Hanover Park IL 257,045 

538 Skokie Valley 

Trail Path 

Improvements 

Skokie IL 3,526,800 

539 Spring Street 

Resurfacing 

South Elgin IL 171,264 

540 Study of S. Chicago/79th St/ 

Stony Island 

Intersection 

Chicago IL 800,000 

541 Tonne Road Reconstruction— 

Northern Section 

Elk Grove 

Village 

IL 4,300,000 

542 Traffic Signal 

Modernization—City of 

Chicago 

Chicago IL 1,350,000 

543 US Route 20 

and Reinking 

Road Roundabout 

Elgin IL 1,200,000 

544 US Route 30 at 

Illinois Route 

50 

Matteson IL 4,000,000 

545 Washington Boulevard Improvements – 

21st Avenue to 

9th Avenue 

Maywood IL 1,424,000 

546 Weber Road 

from 135th 

Street to Airport Road 

Romeoville IL 2,100,000 

1,000,000 

1,100,000 

547 West Branch 

DuPage River 

Trail Connection from West 

DuPage 

Woods Forest 

Preserve to 

Blackwell Forest Preserve 

West Chicago IL 500,000 


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No. Project Name City State/Territory Amount 

548 Western Avenue 

Grade Separations 

Blue Island, 

Posen, and 

Dixmoor 

IL 4,500,000 

549 Wolfs Crossing 

Road from US 

34 Chicago 

Road to Eola 

Road – Douglas Road 

Intersection 

Oswego IL 4,822,000 

3,616,500 

1,205,500 

550 Woodstock 

Railyard Relocation & Expansion 

Woodstock IL 4,000,000 

551 Zero Emission 

Locomotive 

Commuter 

Rail Pilot 

Blue Island, 

Chicago, Joliet, 

Midlothian, 

Mokena, New 

Lenox, Oak 

Forest, Robbins, Tinley 

Park 

IL 7,000,000 

2,000,000 

5,000,000 

552 Zion 27th Street 

Resurfacing 

Zion IL 920,320 

553 Added Travel 

Lanes at 45th 

Avenue 

Unincorporated Lake 

County 

IN 1,500,000 

554 Central Avenue 

Road Reconstruction 

Portage IN 2,000,000 

555 IndyGo EV 

Charging Stations 

Indianapolis IN 774,000 

556 Kennedy Avenue 

Bridge Replacement 

Highland and 

Hammond 

IN 8,100,000 

557 Monument Circle/Market 

Street Reconstruction 

Indianapolis IN 12,864,000 

558 Willowcreek 

Road Extension 

Unincorporated Porter County IN 7,411,200 


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No. Project Name City State/Territory Amount 

559 Bridge Replacement on 151st 

Street West 

over the 

Ninnescah 

River (B485) 

Sedgwick 

County 

KS 3,600,000 

560 Centennial 

Bridge Replacement 

Leavenworth KS 1,000,000 

561 K–7 Bourbon 

County 

Fort Scott KS 2,000,000 

562 K–7 Crawford 

County 

Girard KS 2,000,000 

563 Reconstruction of 

151st St West 

between 53rd 

St North and 

Highway K– 

96 (R356) 

Sedgwick 

County 

KS 3,200,000 

564 Reconstruction of 

the South Half 

Mile of 135th 

Street West between 53rd 

and 61st 

Streets North 

(R348) 

Sedgwick 

County 

KS 880,000 

565 Route 458 Improvements Lawrence KS 750,000 

566 SW Topeka Boulevard (21st to 

29th) Street 

Resurfacing 

Topeka KS 1,480,000 

567 Topeka Metropolitan Bus 

Replacement 

Topeka KS 3,000,000 

568 US–169 Neosho 

County 

Thayer KS 3,000,000 

569 US–400 Cherokee County Cherokee KS 2,000,000 

570 US–400 Greenwood County 

(KDOT 

Project Number 400-037 

KA–5790-01) 

Greenwood 

County 

KS 5,000,000 

571 US–56 Douglas 

County 

Baldwin City KS 3,000,000 

572 Wakarusa Drive 

Reconstruction 

Lawrence KS 1,000,000 


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No. Project Name City State/Territory Amount 

573 Washington 

Creek Bridge 

Replacement 

Lawrence KS 400,000 

574 West Kellogg/ 

US–54/400 

Expansion 

Wichita KS 1,800,000 

575 U.S. 69/167th 

St. Interchange Improvement 

Project 

Overland 

Park 

KS 15,000,000 

576 Congestion reduction and 

traffic improvement 

project on 

KY–17/Scott 

Boulevard/ 

Greenup 

Street 

Covington KY 2,000,000 

577 Extend KY 3155 

from the 

southern 

Intersection at 

KY 259 westerly to KY 54 

Leitchfield, 

Grayson 

County 

KY 3,200,000 

578 I–65 SB Ramp 

to Brook St 

Louisville KY 9,600,000 

579 Improve KY 54 

from west of 

the US 60 Bypass to CR 

1021 

Owensboro, 

Daviess County 

KY 4,600,000 

580 Improve KY 461 

from US 150 

to US 25 

Mount 

Vernon, 

Rockcastle 

County 

KY 18,200,000 

581 Improve US 421 

near the Virginia State 

Line 

Cranks, Harlan County KY 960,000 

582 Improve westbound lanes of 

US 60 from 

KY 1957 to 

KY 6106 

Lewisport, 

Hancock 

County 

KY 3,200,000 

583 KY 335 improvements from 

US 31W south 

of KY 218 to 

I–65 

Horse Cave, 

Hart County 

KY 3,200,000 


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No. Project Name City State/Territory Amount 

584 KYCT project 6– 

80101, KY 

–18 / Superstreet construction 

Boone County KY 5,200,000 

585 KYTC Project 6– 

162.40, KY– 

536 from 

Williamswood 

Rd. to Calvery 

Dr. to KY–17 

Kenton County KY 12,064,000 

586 Newtown Pike 

Extension 

Project— 

Phase III 

Scott Street 

Connector 

Lexington KY 20,000,000 

587 Reconstruction of 

KY 44 from 

US 31E to KY 

1319 

Mount Washington, Bullit 

County 

KY 4,800,000 

588 Reimagine 9th 

Street 

Louisvile KY 5,000,000 

589 Smart Signal 

Network 

Louisville KY 2,900,000 

590 Traffic Calming 

Measures for 

Shelby Park 

and 

Smoketown 

Neighborhoods 

Louisville KY 2,400,000 

591 Audubon Ave 

OVLY:LA 1 to 

Terrebonne P/ 

L 

Thibodaux LA 468,510 

592 I–10 (Calcasieu 

River Bridge / 

Approach) 

Lake Charles LA 10,000,000 

593 I–49 Lafayette 

Connector 

Lafayette LA 10,000,000 

594 LA 3127 St. James 

Parish 

LA 10,000,000 

595 LA 428, General 

Meyer Blvd 

New Orleans LA 8,560,000 

596 MRB South 

GBR: LA 1 to 

LA 30 

ConnectorEnvironmental Evaluation 

Baton Rouge LA 1,600,000 


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No. Project Name City State/Territory Amount 

597 MRB South 

GBR: LA 1 to 

LA 30 Connector (PreEngineering 

Design) 

Baton Rouge LA 8,000,000 

598 Amherst Town 

Common 

Transportation and 

Mobility Improvements 

Amherst MA 1,344,000 

599 Barker Road 

Bridge Project 

Pittsfield MA 1,000,000 

600 Beacon Street 

Bridle Path 

Brookline MA 2,000,000 

601 Belmont Community Path Belmont MA 3,500,000 

602 Blackstone Valley Multi-Use 

Path Phase 1, 

Segment – 2 

Blackstone MA 8,130,842 

603 Blue Line Signal 

Program 

Revere, Boston MA 6,000,000 

604 Bourne Rail 

Trail 

Bourne MA 14,728,680 

605 Brockton Area 

Transit—Buy 

Replacement 

35’ Bus (6) 

Brockton MA 2,920,000 

606 Brockton Area 

Transit—Buy 

Replacement 

35’ Electric 

Bus (5) 

Brockton MA 3,160,000 

607 Brockton Area 

Transit—Purchase Misc. 

Electric Power 

Equipment 

Brockton MA 480,000 

608 Christina Street 

Rail Bridge 

Newton MA 1,600,000 

609 Columbian 

Square Intersection Improvements 

Weymouth MA 3,000,000 

610 Court and Cherry Street 

Intersection 

Improvement 

Plymouth MA 2,000,000 


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No. Project Name City State/Territory Amount 

611 Davis Square 

Transit Signal Priority 

Project 

Somerville MA 100,000 

612 Division Street 

Bridge Project 

Great Barrington MA 2,000,000 

613 Double-Tracking 

on Haverhill 

Line in Massachusetts 

Andover and 

Wilmington 

MA 5,800,000 

2,900,000 

2,900,000 

614 Drift Road at 

Kirby Brooke 

Replacement 

Project 

Westport MA 600,000 

615 Fiske Street and 

Andover Street 

Sidewalk and 

Street Improvements 

Tewksbury MA 456,000 

616 Glendale Street 

Bridge Project 

Easthampton MA 1,000,000 

617 Intersection Improvements at 

Central Street, 

Foster St, 

Hook St, 

Hamilton St 

Southbridge MA 1,000,000 

618 Intersection improvements at 

Greenville 

Road (Rte 31) 

and Turnpike 

Road 

Ashby MA 1,000,000 

619 Intersection Improvements at 

Massachusetts 

Avenue (Route 

111) and 

Main Street 

(Route 27) 

(Kelley’s Corner) 

Acton MA 1,100,000 

620 Intersection improvements at 

Riverside 

Drive and 

Burnham 

Road 

Methuen MA 1,000,000 


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No. Project Name City State/Territory Amount 

621 Intersection Improvements at 

Route 140/ 

Route 62 

Sterling MA 320,000 

622 Intersection Improvements on 

Route 2A at 

Willow Road 

and Bruce 

Street 

Ayer and 

Littleton 

MA 1,000,000 

623 Intersection reconstruction 

on Rte 108 

(Newton 

Road) at Rte 

110 (Kenoza 

Ave. and 

Amesbury 

Road) 

Haverhill MA 1,000,000 

624 James Street 

Project 

Chicopee MA 2,000,000 

625 Lake Cochituate 

Path 

Natick MA 3,078,722 

626 Leyden Road 

Sidewalk Construction 

Greenfield MA 1,840,000 

627 Lynn Commuter 

Rail Station 

Rehabilitation 

Lynn MA 10,000,000 

628 McGrath Highway Road 

Diet / Protected Bike 

Lane Project 

Somerville MA 500,000 

629 Merrymount 

Bridge Reconstruction 

Project 

Quincy MA 6,000,000 

630 MetroWest Regional Transit 

Authority 

Blandin Back 

Entrance 

(MWRTA 

BEB Project) 

Framingham MA 1,600,000 

631 New vans for elderly and 

those with disabilities 

Haverhill MA 375,000 

632 North Adams 

Adventure 

Trail 

North Adams MA 2,000,000 


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No. Project Name City State/Territory Amount 

633 Peabody Canal 

Riverwalk 

Construction 

Peabody MA 6,642,980 

634 Planning and 

Design for 

protecting 

critical transportation infrastructure 

and improving pedestrian 

access to the 

Northern Avenue Bridge 

and along the 

Fort Point 

Channel 

Boston MA 2,500,000 

635 Reconstruction 

and Related 

Work Along 

Revere Street 

Corridor 

Winthrop MA 5,058,493 

636 Reconstruction 

and related 

work on VFW 

Highway 

Lowell MA 3,000,000 

637 Reconstruction of 

Foster Street 

Littleton MA 2,000,000 

638 Regional Bike 

and Walking 

Trail (North 

Attleborough 

Branch) 

North 

Attleborough 

MA 1,500,000 

639 Rehab Fitchburg 

Intermodal 

Center 

Fitchburg MA 400,000 

640 Rehabilitation & 

Box Widening 

on Route 20, 

from Route 9 

to South 

Street 

Shrewsbury MA 8,000,000 

641 Rehabilitation of 

Boston Road 

Westford MA 2,000,000 

642 Replace diesel 

bus with hybrid bus 

Lowell MA 624,800 

643 Replace fueling 

station at 100 

Hale Street 

Lowell MA 775,200 


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No. Project Name City State/Territory Amount 

644 Riverbank stabilization construction at 

MVRTA bus 

garage and 

administration building 

Haverhill MA 725,000 

645 Roadway rehabilitation on 

route 101 

south 

(Ashburnham) 

Ashburnham MA 1,000,000 

646 Route 131 

Bridge Project 

Dudley MA 1,000,000 

647 Route 28 / Route 

38 Intersection Safety 

Improvements 

Project 

Somerville MA 3,000,000 

648 Ruggles Station 

State of Good 

Repair Improvements 

Roxbury MA 3,000,000 

649 Stoughton Intersection Improvements at 

Canton St. 

(Route 27), 

School St., 

and Summer 

St. 

Stoughton MA 1,840,000 

650 Sturbridge 

Roundabout 

Construction 

Sturbridge MA 1,000,000 

651 Sudbury-Concord Bike 

Path Construction 

(Bruce Freeman Trail) 

Concord MA 1,000,000 

652 Taunton River 

Trail 

Taunton MA 4,800,000 

653 Union Station 

Regreening & 

Lighting 

Project 

Springfield MA 6,000,000 

654 Walnut Street 

Signalization 

Project 

Foxborough MA 2,000,000 


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No. Project Name City State/Territory Amount 

655 Warren Street / 

Blue Hill Avenue Multimodal Corridor Phase I 

Boston MA 12,000,000 

656 West Rodney 

French Improvement 

Project 

New Bedford MA 2,373,680 

657 West Street/ 

Route 27 

Intersection 

Reconstruction 

Medfield MA 1,440,000 

658 Baltimore 

Greenway 

Trails Network: Critical 

Corridor Advancements 

Baltimore 

City 

MD 13,200,000 

4,400,000 

4,400,000 

4,400,000 

659 Bicycle-Pedestrian Priority 

Area Improvements—Purple Line (TIP 

3642 Pedestrian Safety 

Program) 

Montgomery 

County 

MD 6,500,000 

660 Dobbin Road 

Pathway 

Columbia MD 3,200,000 

661 Dual Locomotives for 

Commuter 

Rail Service 

in the Future 

B&P Tunnel 

Baltimore 

City 

MD 2,000,000 

1,000,000 

1,000,000 

662 East-West Priority Corridor Baltimore MD 15,000,000 

5,000,000 

5,000,000 

5,000,000 

663 Electric Bus 

Grants 

Rockville, Silver Spring MD 4,992,000 

1,937,000 

1,780,000 

1,275,000 


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No. Project Name City State/Territory Amount 

664 Fayette Street 

Bridge Replacement 

Cumberland MD 4,800,000 

665 Frederick and 

Pennsylvania 

Railroad 

Trail 

City of Frederick and 

Walkersville 

MD 2,560,000 

666 Howard County 

Flash Extension 

Columbia MD 3,200,000 

667 I–81 Phase 2 Reconstruction Hagerstown MD 4,620,000 

668 Interstate 95/ 

Greenbelt 

METRO/ 

MARC Station Access 

and Redevelopment 

Project 

Greenbelt MD 20,000,000 

669 MicroTransit & 

Demand Response Electric 

Transit Vehicles and Infrastructure 

Owings Mills MD 2,019,012 

670 New Carrollton 

Metro/MARC/ 

Amtrak/Purple Line 

Multimodal 

Transit District Right-ofWay Improvements 

Landover MD 18,480,000 

671 Northwest Expressway (I– 

795) at 

Dolfield Boulevard Interchange Redesign 

Owings Mills MD 800,000 

672 Parole Transportation Center Annapolis MD 2,000,000 

673 US 1 Safety 

Projects 

North Laurel, 

Savage, 

Jessup, 

Elkridge 

MD 3,200,000 

674 US 15 Frederick 

Freeway Reconstruction 

Frederick MD 8,800,000 


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No. Project Name City State/Territory Amount 

675 US 29 Rapid 

Transit Improvements— 

Phase 2 Design 

Silver Spring MD 4,000,000 

676 Veirs Mill /Randolph Bicycle 

& Pedestrian 

Priority Improvements 

Rockville MD 6,000,000 

677 Woodley Road 

Extension to 

MD 715 

Aberdeen MD 5,000,000 

678 Berwick Route 

9—Intersection Improvements 

Berwick ME 800,000 

679 Casco Bay Lines 

Replacement 

Ferry 

Portland ME 7,500,000 

680 Maine State 

Ferry Vessel 

Replacement 

Rockland ME 7,500,000 

681 Milo, Sebec 

River Bridge 

Replacements 

and Village 

Improvements 

Milo ME 8,000,000 

682 New Transit 

Hub 

Bangor ME 327,600 

683 Sanford SRTS 

Multi-Use 

Trail 

Sanford ME 400,000 

684 Sanford US 

Route 202/ 

State Route 

4A 

Sanford ME 3,600,000 

685 U.S. Route 1 

Improvements 

Van Buren ME 10,700,000 

686 10 Mile Signal 

Modernization 

Center Line MI 550,068 

687 14 Mile Rd Rehabilitation, 

Lahser to Evergreen 

Beverly Hills MI 1,208,080 

688 14 Mile Road Roseville MI 3,100,000 

689 21 Mile Road 

Bridge Replacement over 

the Gloede 

Drain 

Macomb 

Township 

MI 1,616,800 


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No. Project Name City State/Territory Amount 

690 Airport Road 

Rehabilitation 

Project 

Blackman 

Township, 

Jackson 

County 

MI 4,930,000 

691 Beck Road Business Corridor 

Railroad 

Grade Crossing Safety 

Project 

Wixom MI 18,612,000 

692 Bridge and Pedestrian Facility Upgrades on the 

Detroit 

Riverwalk 

Detroit MI 1,838,812 

693 Bristol Road 

and Van Slyke 

Road Concrete 

Pavement Reconstruction 

Project 

Flint Township MI 700,000 

694 Bristol Road: 

Mill and Resurface 

Burton MI 1,248,000 

695 Burcham Dr. East Lansing MI 1,017,838 

696 Center Road Reconstruction 

Project 

Genesee 

Township 

MI 600,000 

697 Coolidge Rd 

(Road Rehabilitation and 

Bike Lanes) 

East Lansing MI 883,359 

698 Division Avenue 

Project 

Grand Rapids MI 4,200,000 

699 E Michigan Avenue Lansing MI 2,589,121 

700 Feher Drive Reconstruction & 

Pedestrian 

Improvement 

Project 

Montrose MI 680,000 

701 Fenton Road 

Bridge over 

the Thread 

Creek 

Flint MI 400,000 


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No. Project Name City State/Territory Amount 

702 Flint Mass 

Transportation Authority (MTA) 

Rides to 

Wellness Facility Expansion/Renovation 

Flint MI 1,062,387 

703 Genesee Street 

Bridge over 

Farmers Creek 

Lapeer MI 1,896,750 

704 Grandville Avenue Project Grand Rapids MI 4,000,000 

705 Haist Road over 

Pigeon River 

Preventive 

Maintenance 

Winsor Township MI 194,000 

706 Hubbard Street 

Rehabilitation 

Mount 

Clemens 

MI 942,400 

707 Inkster Road 

Bridge Over 

the Lower 

Rouge River— 

Capital Preventative 

Maintenance 

Inkster MI 329,600 

708 Intelligent 

Transportation Systems 

Capital Investments in 

Traffic Signals on M–59 

Pontiac MI 2,240,000 

709 Iron Belle Trail Burton MI 1,200,000 

710 Joe Louis Greenway Hamtramck Drive 

Shared Use 

Path 

City of Hamtramck MI 3,920,000 

711 Kalamazoo US– 

131/US– 

131BR 

Kalamazoo MI 14,745,600 

712 Kelly Road Fraser MI 3,500,000 

713 King Road 

Bridge Replacement over 

the Belle River 

China Township MI 2,299,800 

714 Kuhl Road over 

Shebeon Drain 

Bridge Replacement 

Fairhaven 

Township 

MI 1,282,400 


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No. Project Name City State/Territory Amount 

715 Lake Shore 

Drive, Houghton County, 

Michigan 

Calumet and 

Hancock 

Township 

MI 1,040,000 

716 M–143W Lansing MI 597,767 

717 M–46 and M–19 

Reconstruction 

Elmer Township MI 10,073,042 

718 Marlette Road 

Bridge over 

South Branch 

of the Cass 

River 

Marlette MI 1,406,000 

719 Miller Road and 

Rotunda 

Drive Bridges 

Dearborn MI 20,000,000 

720 Mound Road Industrial Corridor Technology and 

Innovation 

Project 

Macomb 

County, Warren 

MI 11,000,000 

1,000,000 

10,000,000 

721 Mt. Vernon 

Street Reconstruction 

Southfield MI 4,400,000 

722 N Cedar St Mason MI 2,543,083 

723 N Putnam St Williamston MI 375,000 

724 N. Leroy 

Streetscape 

and Resurfacing Project 

Fenton MI 1,600,000 

725 North Beech 

Daily Road 

Rehabilitation 

Project 

Dearborn 

Heights 

MI 1,417,226 

726 Oakland Avenue 

Road Rehabilitation 

Project 

Highland 

Park 

MI 1,212,169 

727 Oakville Waltz 

Road 

London 

Township 

MI 3,728,000 

728 Orchard Lake 

Road from 13 

Mile to 14 

Mile 

Farmington 

Hills 

MI 1,076,085 


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No. Project Name City State/Territory Amount 

729 Orchard Lake 

Road from 

Middlebelt to 

Pontiac City 

Limits 

City of Sylvan Lake, 

West Bloomfield and 

Bloomfield 

Township in 

Oakland 

County 

MI 2,000,000 

730 Ottawa Avenue 

Project 

Grand Rapids MI 845,000 

731 Pedestrian Improvements on 

US–12 

Wayne MI 828,000 

732 Pennsylvania 

Road Grade 

Separation 

On border of 

City of Romulus and 

Huron Township 

MI 15,000,000 

733 Pierson Road 

Reconstruction 

Project 

Mt. Morris 

Township 

MI 2,400,000 

734 Plank Road over 

US–23 

Milan MI 4,335,618 

735 Reid Road 

Downtown 

Streetscape 

and Rehabilitation Spur 

Community 

Project 

Grand Blanc MI 700,000 

736 Resurfacing of 

12 Mile Road 

in Southfield 

from Northwester Hwy to 

Telegraph 

Road 

Southfield MI 750,000 

737 S Pennsylvania 

Ave 

Lansing MI 1,472,000 

738 Saginaw Street 

Road Reconstruction 

Project 

Flint MI 1,600,000 

739 Saginaw Transit 

Authority Regional Services (STARS) 

Bus Replacement 

Saginaw MI 2,388,456 


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No. Project Name City State/Territory Amount 

740 Saginaw Transit 

Authority Regional Services (STARS) 

Potter Street 

Station Study 

Saginaw MI 200,000 

741 Silver Lake 

Road Connector Trail 

Fenton and 

Linden 

MI 868,682 

742 Skanee Road 

Improvements 

(from Jentoft 

Road to Town 

Road) 

L’Anse and 

Arvon Townships 

MI 7,530,000 

743 Skanee Road 

Improvements 

(from Town 

Road to 

Portice Road) 

Arvon Township MI 4,000,000 

744 Snyder Rd. East Lansing MI 263,500 

745 St. Ignace Road 

Reconstruction 

Marquette 

Township 

MI 800,000 

746 State Park Drive 

Reconstruction 

Charter 

Township of 

Bangor and 

Bay City 

MI 2,000,000 

747 US–12 over the 

Coldwater 

River Reconstruction 

Coldwater MI 645,360 

748 US–127 and 

US–223 Resurfacing 

Addison MI 4,800,000 

749 W Grand River 

Rd 

Howell MI 296,826 

750 W Silver Bell Rd Auburn Hills 

and Orion 

Township 

MI 4,200,000 

751 Waverly Rd Lansing MI 744,762 

752 Wealthy StreetFuller Ave to 

East City 

Limits 

Grand Rapids MI 7,250,000 

753 Wenona Avenue 

Reconstruction 

Bay City MI 2,325,000 

754 Apple Valley 

Transit Station Modernization 

Apple Valley MN 800,000 

755 Bottineau LRT 

Project 

Minneapolis 

to Brooklyn 

Park 

MN 20,000,000 


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No. Project Name City State/Territory Amount 

10,000,000 

10,000,000 

756 Burnsville Bus 

Garage Modernization 

Burnsville MN 2,400,000 

757 City of Wabasha 

Highway 60 

Realignment 

Wabasha MN 3,975,000 

758 E-Line Bus 

Rapid Transit 

(BRT) 

Minneapolis 

to Edina 

MN 5,000,000 

2,500,000 

2,500,000 

759 F-Line Bus 

Rapid Transit 

(BRT) 

Columbia 

Heights 

MN 4,500,000 

760 Goodhue County 

CSAH 2 

Bridge Replacement 

Red Wing MN 640,000 

761 I–35/CSAH 50 

Interchange 

Preliminary 

Engineering 

Lakeville MN 700,000 

762 I–94 Expansion St. Paul MN 20,000,000 

763 Kellogg-Third 

Street Bridge 

St. Paul MN 7,500,000 

764 Pedestrian 

Bridge Over 

I–94 

Minneapolis MN 3,000,000 

765 Reconnect Rondo 

Land Bridge 

Saint Paul MN 5,200,000 

766 Rice Street Revitalization 

Project 

Saint Paul MN 6,864,000 

767 University of 

Minnesota Arboretum Access and 

Egress Improvements 

Chaska MN 5,840,000 

768 US 169/TH 282/ 

CH 9 Interchange Project 

Jordan MN 2,300,000 

769 US Highway 8 

Reconstruction 

Chisago City, 

Wyoming, 

Forest Lake 

MN 20,000,000 

770 Veterans Memorial Greenway Eagan MN 5,000,000 


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No. Project Name City State/Territory Amount 

771 Adding signing 

and striping 

for wrong way 

counter-measures at various ramp locations 

throughout the 

St. Louis District 

St. Louis MO 708,800 

772 Bridge improvement and widening over 

Elkhorn Creek 

1.6 miles 

south of Rte. 

CC near Buell 

Montgomery 

County 

MO 720,000 

773 Bridge Rehab at 

Pitman Ave, 

I–70, and I– 

64 in 

Wentzville 

Wentzville MO 3,088,000 

774 Bridge Rehabilitation and 

Pavement Repairs 

St. Louis MO 2,576,000 

775 Chadwick Flyer 

Central Greenway Trail 

Springfield MO 4,000,000 

776 Cliffs Drive 

State Scenic 

Byway Improvements 

Kansas City MO 2,160,000 

777 Downtown Odessa Infrastructure Improvements 

Odessa MO 900,000 

778 Expand I–44 to 

6 lanes in the 

Springfield 

area 

Springfield MO 1,800,000 

779 Grand Street Pedestrian Underpass and 

Streetscape 

Improvements 

Springfield MO 3,000,000 

780 Hydraulic Study 

for causeway 

north of Washington 

Washington MO 240,000 


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No. Project Name City State/Territory Amount 

781 I–44: Bridge rehabilitation 

over Gasconade overflow. Project 

involves bridge 

L0753 

Laclede County MO 331,200 

782 I–70: Bridge improvements 

over Chouteau 

Creek. Project 

involves bridge 

A5118 and 

A5119 

Cooper County MO 246,400 

783 Improve bridge 

conditions at 

Rt. C in 

Audrain 

County 

Audrain 

County 

MO 548,800 

784 Improve pavement condition Rt. BB 

Randolph 

County 

Randolph 

County 

MO 600,800 

785 Improve pavement condition Rt. K 

Randolph 

County 

Randolph 

County 

MO 763,200 

786 Interstate 35 

and 19th 

Street Interchange 

Kearney MO 5,500,000 

787 Jazz District Pedestrian Plaza 

at 18th & 

Vine 

Kansas City MO 6,000,000 

788 Kansas City Regional Zero 

Emission 

Electric Bus 

Program 

Kansas City MO 10,500,000 

6,000,000 

4,500,000 

789 Little Blue 

Trace—Rock 

Island Trail 

Connector 

Kansas City MO 500,000 

790 MM Highway 

Expansion 

from I–44 to 

US 60 

Republic MO 3,200,000 


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No. Project Name City State/Territory Amount 

791 MO 100: Bridge 

improvements 

over Cedar 

Creek Project 

involves 

A1848 

Osage County MO 917,600 

792 MO 100: Upgrade pedestrian facilities 

to comply 

with ADA 

Transition 

Plan and 

pavement resurfacing from 

Rte. 61 to Big 

Bend Blvd, 

bridge replacement over 

Black Creek, 

signal replacement 

St. Louis MO 2,500,000 

793 MO 127: Bridge 

rehabilitation 

over Basin 

Fork Creek 0.6 

mile south of 

Dove Road 

and 0.7 mile 

north of 

Chaney Road. 

Project involves bridge 

X0439 

Pettis County MO 786,400 

794 MO 13: Add 

turn lanes at 

the intersection of Rte. E 

Johnson 

County 

MO 425,600 

795 MO 13: Pavement improvements on the 

southbound 

lanes from SE 

1100 Road to 

NE 201 Road 

St. Clair 

County 

MO 748,800 

796 MO 19: I–70 to 

Hermann add 

shoulders 

Montgomery 

County 

MO 880,000 

797 MO 23: Add 

turn lanes at 

the intersection of Rte. D 

Johnson 

County 

MO 395,200 


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No. Project Name City State/Territory Amount 

798 MO 254: Pavement improvements from 

Route 64 to 

Route 54 in 

Hermitage. 

Hermitage MO 440,000 

799 MO 38: Pavement resurfacing from 

Rte. J to west 

of Rte. CC. 

Webster County MO 676,800 

800 MO 47: Engineering for 

pavement improvements 

from H to A. 

Troy and 

Hawk Point 

MO 925,600 

801 MO 7: Bridge 

Rehabilitation 

over Truman 

Lake. Project 

involves bridge 

A3465 

Benton County MO 96,000 

802 MO 89: Pavement improvements from 

Rte. 50 to Rte. 

E 

Rte. 50 to 

Rte. E in 

Osage County 

MO 2,833,600 

803 MO94 Bridge 

over Treloar 

Creek Bridge 

Warren County MO 640,800 

804 North Baltimore 

(Business 63) 

Improvements 

Kirksville MO 955,294 

805 OR 70: Bridge 

replacement 

over Little 

Cedar Creek. 

Project involves bridge 

N0974 

Boone County MO 852,800 


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No. Project Name City State/Territory Amount 

806 Pavement improvements 

and add 

rumblestripes 

from I–44 

outer road to 

end of state 

maintenance, 

Rte. W from 

Rte. 7 to end 

of state maintenance, and 

Rte. O from 

Rte. 28 to end 

of state maintenance. 

Pulaski County MO 2,656,000 

807 Payment to St. 

Robert to add 

sidewalks and 

upgrade signalized intersection at St. 

Robert Boulevard in St. 

Robert 

St. Robert MO 547,200 

808 Raum Road 

Bridge Replacement 

Lawson MO 3,128,000 

809 Riverway Boulevard Reconstruction Riverside MO 3,200,000 

810 RT 18: Pavement improvements from 

Rte. Y to I–49 

in Adrian and 

on Loop 49 

from Passaic 

to Rte. 52 in 

Butler. 

Adrian MO 1,586,400 

811 RT A: Bridge replacement over 

Enon Creek. 

Project involves bridge 

K0851 

Moniteau 

County 

MO 1,091,200 

812 RT A: Bridge replacement over 

Moreau Creek. 

Project involves R0235 

Cole County MO 545,600 


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No. Project Name City State/Territory Amount 

813 RT J: Bridge rehabilitation 

over Young 

Branch, 0.1 

mile south of 

217th Street 

and 0.4 mile 

northeast of 

Branic Drive 

in Peculiar. 

Project involves bridge 

A2331 

Peculiar MO 555,200 

814 RT J: Bridge removal over the 

Niangua 

River. Project 

involves bridge 

S0391 

Camden 

County 

MO 204,800 

815 RT K: Pavement 

improvements 

from I–49 to 

County Road 

1800 near Nevada. 

Nevada MO 448,000 

816 RT PP: Pavement improvements from 

Route C in 

Roseland to 

Route 7 in 

Tightwad 

Roseland MO 453,600 

817 RT T: Pavement 

improvements 

and add 

rumblestripes 

from Rte. 52 

to Rte. 135 

and from Rte. 

135 to the end 

of state maintenance 

Morgan County MO 3,020,000 

818 RT. K bridge replacement over 

Dry Fork 

Creek Bridge 

Montgomery 

County 

MO 965,600 

819 Study to determine base stability and 

flood resiliency near 

McKitrick 

McKittrick MO 80,000 


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No. Project Name City State/Territory Amount 

820 Updated study 

for RR overpass near 

High Hill 

High Hill MO 1,600,000 

821 Upgrade pedestrian facilities 

to comply 

with the ADA 

Transition 

Plan on Rte. 2 

from Chisman 

Street to Rte. 

52 in Windsor 

and on Rte. Y 

from Rte. 52 

to Wall Street 

in Windsor 

Windsor MO 140,800 

822 US 160: Pavement improvements from I– 

49 in Lamar 

Heights to 

County Road 

30th Lane east 

of Lamar. 

Lamar MO 609,600 

823 US 50: Reconstruct concrete 

pavement 

from Rte. EE 

to Independence Rd. 

Rte. EE to 

Independence 

Road in 

Franklin 

County 

MO 2,800,000 

824 US 50: Reconstruct pavement from 

Rte. Y to Rte. 

C 

Rte. Y to Rte. 

C in Franklin 

County 

MO 2,640,000 

825 US 54: Study 

for updated 

scope & estimate for 

shared 4–lane 

from Mexico 

to Louisiana 

Louisiana MO 800,000 

400,000 

400,000 

826 US60 and Route 

125 Interchange 

Rogersville MO 5,250,000 


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No. Project Name City State/Territory Amount 

827 US65: Pavement 

improvements 

from the 

Osage River 

in Warsaw to 

0.4 mile south 

of Rte. MM. 

Warsaw MO 1,049,600 

828 West Florissant 

Avenue Great 

Streets 

Ferguson, 

Dellwood, and 

Jennings 

MO 10,000,000 

829 A/E Design for 

the Fixed 

Route Bus 

Stops 

Saipan MP 300,000 

830 Construction of 

Bus Transfer 

Stations at the 

Northern Marianas College, 

Paseo De Marianas and 

Kagman 

Saipan MP 900,000 

831 Construction of 

the Commonwealth Office 

of Transit Authority Covered Bus 

Parking Facility 

Saipan MP 3,000,000 

832 Design and Construction of 

the Rota 

Transit Maintenance Facility 

Rota MP 520,000 

833 Design and Construction of 

Tinian Transit Maintenance Facility 

Tinian MP 520,000 

834 Procurement of 

Four (4) Rolling Stocks for 

Rota and 

Tinian Demand Responsive Services 

Rota and 

Tinian 

MP 480,000 

835 Route 10 Drainage Improvements and 

Road Overlay 

Rota MP 2,000,000 


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No. Project Name City State/Territory Amount 

836 Route 205 Road 

and Drainage 

Improvements 

Tinian MP 2,000,000 

837 Route 30 

(Chalan Pale 

Arnold) Safety 

Improvements 

Saipan MP 2,000,000 

838 Route 302 

(Naftan Road) 

Improvements 

Saipan MP 2,000,000 

839 Supply and Installation of 

187 Bus Stop 

Shelters 

Saipan MP 4,500,000 

840 Supply of Maintenance 

Equipment & 

Tools for the 

COTA Maintenance Facility 

Saipan MP 400,000 

841 Bulldog Way 

Extended Improvements 

Starkville MS 3,360,000 

842 Jackson Point 

Road Bridge 

Wilkinson 

County 

MS 4,000,000 

843 Mississippi 

Band of Choctaw Indians 

Multi-Road 

Overlay 

Project 

Choctaw MS 2,653,195 

844 Morgantown 

Road Safety 

Improvements 

Natchez MS 2,400,000 

845 Bozeman Segment One— 

Reunion Access Network 

Madison MS 4,000,000 

846 Airport Boulevard Sidewalk Morrisville NC 208,000 

847 Atlantic & 

Yadkin Greenway, Phase 2 

Greensboro NC 6,400,000 

848 Avent Ferry 

Road Realignment 

Holly Springs NC 1,000,000 

849 B–5871 Replace 

Bridge no. 628 

Over Lake 

Lure 5250. 

Dam and 

Broad River 

Lake Lure NC 8,000,000 


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No. Project Name City State/Territory Amount 

850 Black Creek 

Greenway 

Cary NC 4,984,800 

851 Bryant Bridge 

North/Goose 

Creek West 

Trail 

Durham NC 2,320,000 

852 Bus Replacement 

Funding for 

Triangle 

Transit Systems 

Chapel Hill NC 8,000,000 

853 CATS Battery 

Electric Bus 

Fleet Transition 

Charlotte NC 8,000,000 

854 Downtown Pedestrian 

Bridge 

Rocky Mount NC 4,000,000 

855 Duke Beltline 

Trail 

Durham NC 7,726,000 

856 EB–5753 Baldwin Avenue 

Sidewalk 

Project 

Marion NC 349,600 

857 Electric buses 

and charging 

infrastructure, 

City of 

Greensboro 

Greensboro NC 2,759,000 

858 Festival Street Cornelius NC 2,200,000 

859 Fuquay-Varina 

Townwide 

ITS/Signal 

System 

FuquayVarina NC 2,560,000 

860 GoRaleigh/ 

GoWake Coordinated 

ADA Paratransit Facility 

Raleigh NC 9,000,000 

861 Greenville 

Bridge Repair 

and Replacement 

Greenville NC 2,851,200 

862 Hanging Dog 

Bridge 

Murphy NC 1,676,000 

863 High Point Heritage Greenway—Phase 1 High Point NC 4,000,000 

864 Jonathan Creek 

Safety Project 

Maggie Valley NC 160,000 


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No. Project Name City State/Territory Amount 

865 Military Cutoff 

Road (US 17)/ 

Eastwood 

Road (US 74) 

Interchange 

(Drysdale 

Drive Extension) 

Wilmington NC 3,840,000 

866 N. Fork Coweeta 

Creek Bridge 

Replacement 

Otta NC 452,000 

867 Pender Street 

Pedestrian 

Improvement, 

Infrastructure 

Repair, and 

Resurfacing 

Wilson NC 8,400,000 

868 RIDE- Rural 

Microtransit 

Wilson NC 2,000,000 

869 Silas Creek 

Parkway 

Sidewalk 

WinstonSalem NC 4,533,600 

870 South Tar River 

Greenway 

Greenville NC 1,775,000 

871 Streetlighting on 

High Injury 

Network 

Charlotte NC 8,000,000 

872 Transit Bus 

Stop Improvements 

Chapel Hill NC 900,000 

873 US 19/129 Road 

Improvements 

Murphy NC 3,851,000 

874 US 74/NC 108 

Interchange 

Columbus NC 1,000,000 

875 Heartland Expressway 

Phase III 

Minatare NE 10,000,000 

876 Signal System 

Master Plan 

Accelerated 

Implementation 

Omaha NE 20,000,000 

877 US–275 Norfolk 

to Wisner 

Norfolk to 

Wisner 

NE 20,000,000 

878 Ashuelot-Trail 

Cheshire Trail 

(42511) 

Swanzey NH 1,200,000 


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No. Project Name City State/Territory Amount 

879 Bedford 40664— 

U.S. 3 Widening from 

Hawthorne 

Drive North to 

Manchester 

Airport Access 

Road 

Bedford NH 4,980,000 

880 Claremont Intersection Improvements 

(13428) 

Claremont NH 1,000,000 

881 Conway Phase II 

Pathway 

Conway NH 1,656,000 

882 Derry Rail Trail 

(Folsom Rd to 

Londonderry 

town line) 

Derry NH 792,000 

883 George Street 

Bridge 

(40653) 

Keene NH 729,191 

884 Gorham Sidewalk (Route 2 

(Lancaster 

Rd)) 

Gorham NH 898,196 

885 Heritage Rail 

Trail East 

Nashua NH 1,200,000 

886 Littleton Sidewalk Project 

(41362) 

Littleton NH 710,159 

887 Loudon Intersection Improvements (40632) Loudon NH 2,347,256 

888 Malboro Street 

Cheshire Rail 

Trail (42515) 

Keene NH 681,123 

889 Maplewood Avenue Complete 

Streets 

Portsmouth NH 2,804,300 

890 Merrimack River 

Greenway 

Concord NH 1,584,800 

891 Multi-use Path 

Connecting 

Warner Village to Exit 9 

Business Area 

Warner NH 920,000 

892 NH 128 and 

Sherburne 

Road and 

Mammoth and 

111A 

Pelham NH 1,240,000 


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No. Project Name City State/Territory Amount 

893 Pedestrian 

Bridge Crossing Granite 

Street 

Manchester NH 3,360,000 

894 Plymouth Sidewalk Project Plymouth NH 414,000 

895 Reconstruct Mechanic St / 

High St / 

Mascoma St 

Intersection 

(4094) 

Lebanon NH 2,400,000 

896 Rt 11 Safety 

and Capacity 

Improvements 

Rochester NH 5,664,000 

897 Spruce Street 

Connector 

Nashua NH 1,000,000 

898 Trestle Bridge— 

Mill City 

Park Trail 

Franklin NH 1,200,000 

899 Waterville Valley 

Pedestrian 

Improvements 

Waterville 

Valley 

NH 948,110 

900 Whitefield Sidewalk Project Whitefield NH 396,704 

901 Berkshire Valley 

Road Truck 

Circulation 

Project 

Kenvil 

(Roxbury 

Township) 

NJ 2,000,000 

902 Bloomfield Avenue Roadway 

Improvements 

& Traffic Signal Modernization 

West 

Caldwell, 

Caldwell, 

North 

Caldwell, 

Verona, 

Montclair, 

Glen Ridge, 

Bloomfield, 

and Newark 

NJ 10,000,000 

5,000,000 

5,000,000 

903 Bloomfield Station Rehabilitation Project Bloomfield NJ 2,000,000 

904 Carteret Ferry 

Terminal 

Project 

Carteret NJ 5,625,000 

905 City of Passaic 

Pedestrian 

Greenway 

Project 

Passaic NJ 883,432 


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No. Project Name City State/Territory Amount 

906 Construction of 

Pedestrian 

Bridge on Columbia Trail 

(Relocation of 

Openaki 

Bridge Truss) 

Long Valley 

(Washington 

Township) 

NJ 1,000,000 

907 Cranford Station 

Rehabilitation 

Project 

Cranford NJ 1,120,000 

908 Dennisville Petersburg Road 

(CR 610) Resurfacing Improvements 

Dennis Township NJ 1,640,000 

909 Dunellen Bikeway and Pedestrian Safety Improvements 

Dunellen NJ 475,723 

910 East Orange 

Train Station 

East Orange NJ 800,000 

911 Enhanced 

Laydown Area 

for Offshore 

Wind Industry, Paulsboro 

Marine Terminal 

Paulsboro NJ 4,750,000 

912 Freehold’s Parking Improvement project Freehold Borough NJ 557,716 

913 Great Falls 

Gateway 

Phase II 

Paterson NJ 972,000 

914 Hackettstown 

Mobility Improvement 

Hackettstown NJ 4,712,000 

915 Hamilton Street 

Plaza Project 

Bound Brook NJ 1,760,000 

916 Hand Avenue 

(CR–658) 

Bridge Over 

Skeeter Island 

Creek 

Middle Township NJ 1,310,000 

917 Highlands Rail 

Trail Phase II 

Wanaque NJ 800,000 

918 Hudson County’s 

County Avenue Reconstruction 

Secaucus NJ 1,400,000 


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No. Project Name City State/Territory Amount 

919 Irvington Avenue Sidewalks 

and 

Streetscape 

Improvements 

South Orange NJ 2,750,000 

920 Jackson Avenue/ 

Riverside Avenue Improvements Project 

Rutherford NJ 250,000 

921 Kingsland Avenue Bridge 

Replacement 

Project 

Lyndhurst 

and Nutley 

NJ 5,000,000 

922 Koleda Park Improvement 

Project 

Middletown NJ 800,000 

923 Lackawanna 

Cut-off Culvert 

Relocation 

Byram NJ 1,600,000 

924 Lincoln Avenue 

Drainage Improvements 

Project 

Elizabeth NJ 2,080,000 

925 Long Branch 

Intermodal 

Station 

Project 

Long Branch NJ 13,000,000 

926 McBride Avenue 

Roundabout 

Project 

Woodland 

Park 

NJ 960,000 

927 Mercer County 

Bus Purchase 

West Trenton NJ 732,000 

928 Mercer County 

Electric Vehicles and Electric Vehicle 

Charging Stations 

Trenton NJ 454,500 

929 Mercer County 

Roadway 

Safety Improvements 

Mercer County NJ 640,000 

930 Newark Broad 

Street Signal 

Optimization 

Newark NJ 1,650,000 

931 North Broad 

Street Redevelopment 

Project 

Newark NJ 1,200,000 


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No. Project Name City State/Territory Amount 

932 Ocean Drive 

(CR621) Upgrades and 

Bridge Improvements 

Lower Township NJ 7,000,000 

933 Parkside Neighborhood School 

and Pedestrian Traffic 

Safety 

Camden NJ 6,000,000 

934 Passaic Bus Terminal Canopy Passaic NJ 1,600,000 

935 Patriots Way 

Bridge Superstructure Replacement 

Oakland NJ 4,184,830 

936 Pedestrian 

Bridge at the 

Great Falls 

National Historical Park 

Paterson NJ 1,000,000 

937 Pedestrian Improvement for 

Metro Park 

Township of 

Woodbridge 

NJ 1,250,000 

938 Permanent 

Ferry Terminal Peninsula Project 

Bayonne NJ 4,321,600 

939 Pleasant Avenue 

& Park Avenue / Pedestrian & Vehicular Safety 

Improvements 

& Restoration 

Project 

Weehawken NJ 7,520,000 

940 Point Pleasant 

Beach Channel Drive 

ADA Compliance Upgrade 

and Surface 

Revitalization 

project 

Point Pleasant Beach 

Borough 

NJ 1,399,785 

941 Pompton River 

Rail Bridge 

(Pequannock 

Valley Pedestrian Trail) 

Substructure 

Repair 

Township of 

Pequannock, 

Morris County, and Township of 

Wayne, Passaic County 

NJ 1,500,000 


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No. Project Name City State/Territory Amount 

942 Reconstruction of 

Pedestrian 

Bridges over 

Cole Drive 

(Bridgewater 

Train Station) 

Bridgewater NJ 1,280,000 

943 Replacement of 

Morris County 

Bridge 1400– 

433 on Bloomfield Avenue 

over a Tributary to Passaic River in 

the Township 

of Montville, 

Morris County 

Montville/ 

Pine Brooke 

NJ 2,000,000 

944 Replacement of 

Morris County 

Bridge 1400– 

935 on Lenape 

Island Road 

over Indian 

Lake in the 

Township of 

Denville, Morris County 

Denville NJ 1,000,000 

945 River Road 

Overpass 

West New 

York 

NJ 5,200,000 

946 River Road Subsurface Soil 

Stabilization 

Edgewater NJ 1,760,000 

947 Roadway Rehabilitation East 

Atlantic Avenue CR727 

Somerdale, 

Hi-Nella, 

Stratford 

NJ 1,500,000 

948 Roadway Rehabilitation 

Evesham 

Road, CR 544 

Lawnside, 

Magnolia, 

Somerdale, 

Cherry Hill, 

Voorhees 

NJ 2,500,000 

949 Roadway Rehabilitation 

Haddon Ave. 

CR561 

Haddon 

Township, 

Collingswood 

NJ 3,000,000 

950 Roadway Rehabilitation Red 

Bank Avenue 

CR644 

Woodbury NJ 1,765,000 


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No. Project Name City State/Territory Amount 

951 Route 202, First 

Avenue Intersection Improvements – 

Right of Way 

Acquisitions 

Raritan NJ 3,340,685 

952 Route 29 Tunnel 

Ventilation 

System 

Trenton NJ 2,400,000 

953 Route 33 Bridge 

Over Millstone 

River 

Millstone 

Township 

NJ 3,640,000 

954 Route 35 Bridge 

Over the North 

Branch of 

Wreck Pond 

Wall NJ 3,736,000 

955 Route 55/Route 

47 Interchange 

Millville NJ 9,250,000 

956 Seaside Heights 

Boardwalk 

Replacement 

Seaside 

Heights 

NJ 400,000 

957 Shaler Boulevard 

Streetscape 

Project 

Ridgefield NJ 250,000 

958 Skyline Drive 

Bicycle and 

Pedestrian 

Bridge 

Ringwood NJ 800,000 

959 South Orange 

Avenue 

Streetscape 

Improvement 

Project 

Newark NJ 4,000,000 

960 Study & Engineering Design for the 

Rehabilitation 

or Replacement of Sussex 

County Bridge 

K-03 in the 

Borough of 

Hopatcong 

Hopatcong NJ 2,360,000 

961 Sussex County 

Guide Rail 

Upgrade Program 

Frankford 

and Wantage 

NJ 1,000,000 


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No. Project Name City State/Territory Amount 

962 Sussex County 

Skylands Ride 

Capital 

Project 

Hamburg NJ 400,000 

963 Teaneck Pedestrian Overpass 

Replacement 

Teaneck NJ 4,000,000 

964 Tenafly Roadway Resurface 

& Improvements 

Borough of 

Tenafly 

NJ 1,545,000 

965 The County 

Road 539 

Overpass 

Project 

Plumstead NJ 8,000,000 

7,000,000 

1,000,000 

966 Traffic Signal 

Optimization/ 

Adaptive Signals Along 

McCarter 

Highway 

(Route 21) 

Newark NJ 1,600,000 

967 U.S. Route 130/ 

Delaware Avenue/Florence 

Columbus 

Road Intersection Improvements 

Florence 

Township 

NJ 17,320,000 

968 Union County 

Structurally 

Deficient 

Bridge Initiative – Allen 

Ave. Bridge, 

Township of 

Union 

Union Township NJ 400,000 

969 Union County 

Structurally 

Deficient 

Bridge Initiative – Faitoute 

Ave. Bridge, 

Kenilworth 

Kenilworth NJ 600,000 

970 Union County 

Structurally 

Deficient 

Bridge Initiative—High 

Street Bridge 

Summit NJ 600,000 


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No. Project Name City State/Territory Amount 

971 Union County 

Structurally 

Deficient 

Bridge Initiative – Oakland Place 

Bridge 

Summit NJ 760,000 

972 Union County 

Structurally 

Deficient 

Bridge Initiative – Pine 

Grove Avenue 

Bridge 

Summit NJ 800,000 

973 Union County 

Structurally 

Deficient 

Bridge Initiative – 

Shunpike 

Road Bridge 

Summit NJ 600,000 

974 Union County 

Structurally 

Deficient 

Bridge Initiative—Spring 

Garden 

Bridge, 

Cranford 

Cranford NJ 800,000 

975 West County 

Drive (CR 

646) Extension 

Township of 

Branchburg 

NJ 6,493,600 

976 West Milford 

Bikeway Connector Project 

West Milford NJ 536,000 

977 Willingboro EV 

Charging Stations 

Willingboro NJ 800,000 

978 Woodbine Bikeway and 

Trailhead Improvements 

Borough of 

Woodbine 

NJ 800,000 

979 Arroyo De Los 

Chamisos 

Crossing 

Santa Fe NM 4,900,000 

980 Coal Avenue 

Commons 

‘‘Event Street’’ 

Gallup NM 3,500,000 


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No. Project Name City State/Territory Amount 

981 County Road 

43—Superman Canyon 

Bridges 

McKinley 

County— 

Churchrock 

Chapter 

NM 4,500,000 

982 Foothills Drive 

Enhancement 

Phase III 

Farmington NM 1,324,800 

983 Kilgore Street 

Improvements 

Portales NM 2,079,000 

984 Rio Lucero Road 

Improvement 

Project 

Taos Pueblo NM 3,048,910 

985 Wild Rose Road 

(Route #670) 

and Pedestrian Improvement 

Project 

Santa Clara 

Pueblo 

NM 618,000 

986 Arlington Avenue Bridges 

Project 

Reno NV 6,000,000 

987 Charleston Boulevard Underpass 

Las Vegas NV 7,000,000 

988 Charleston Park 

Avenue Reconstruction 

Project 

Pahrump NV 1,552,079 

989 Coleman Road 

Expansion 

Fallon NV 5,000,000 

990 Hydrogen Fuel 

Cell Bus and 

Fuel Site 

Project 

Reno NV 5,240,000 

991 I–15 South 

Package 2— 

Sloan to Blue 

Diamond 

Las Vegas NV 5,000,000 

992 Maryland Parkway Bus 

Rapid Transit 

Zero Emission 

Fleet 

Las Vegas NV 5,000,000 

993 North Las Vegas 

Street Light 

Conversion 

North Las 

Vegas 

NV 12,000,000 

994 Rancho Drive 

Complete 

Streets Improvements 

Las Vegas NV 3,000,000 


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No. Project Name City State/Territory Amount 

995 SR28 Central 

Corridor Sand 

Harbor to 

Spooner—Secret Harbor to 

Skunk Harbor 

Trail, Parking 

and Safety 

Improvements 

Carson City NV 1,760,000 

996 William Street 

Complete 

Streets Project 

Carson City NV 2,000,000 

997 ADA: Classon 

Ave / Crosstown Line (G 

Train) 

Brooklyn NY 5,000,000 

998 ADA: Forest 

Hills Platform 

Extensions & 

Elevators 

Queens NY 16,910,000 

999 ADA: 

ParkchesterE.177 St / 

Pelham Line 

(6 Train) 

Bronx NY 15,000,000 

1000 Asharoken Avenue Northport NY 800,000 

1001 Bannister Creek 

Bridge Rehabilitation 

Lawrence NY 4,940,000 

1002 Basher Pedestrian Bridge 

Rehabilitation 

Tarrytown NY 494,400 

1003 Bayville Bridge Bayville NY 14,489,446 

1004 Bridge Repair/ 

Safety Assurance, Westchester County 

Tarrytown NY 1,096,395 

1005 Bridge Replacement of CR46 

(William 

Floyd Parkway) over 

Narrow Bay 

Brookhaven NY 7,200,000 

1006 Broadway Junction Improvements Phase 

1, Brooklyn, 

NY, 8th Congressional District 

Brooklyn NY 8,000,000 


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No. Project Name City State/Territory Amount 

1007 City of Poughkeepsie Market 

Street 

Connectivity 

Project 

Poughkeepsie NY 2,400,000 

1008 Concrete Pavement Rehabilitation I– 

495 

Brookhaven NY 7,998,048 

1009 County Route 

7&8—RTE 

299 Roadway 

Repaving 

Towns of New 

Paltz and 

Gardiner 

NY 3,600,000 

1010 Craig Street 

Corridor 

Project 

Schenectady NY 2,700,000 

1011 Del Valle 

Square/ 

Crames 

Square Traffic, Safety, 

and Plaza Improvements 

Bronx NY 4,870,000 

1012 DL&W Station Buffalo NY 5,000,000 

1013 Electric Bus 

Charging Facility 

Rochester NY 800,000 

1014 Elmwood Avenue 

Multiuse Corridor Improvement 

Rochester NY 8,596,000 

1015 Griswold Road 

over Murder 

Creek Bridge 

Replacement 

Darien NY 1,203,200 

1016 Half Moon Bay 

Bridge Reconstruction 

Project 

Croton-onHudson NY 1,500,000 

1017 Heritage Trail 

Extension: 

Hartley Road 

to Downtown 

Middletown 

(Segment 2) 

Town of Goshen NY 500,000 

1018 High Line Connections— 

Hudson River 

Park / Javits 

Center Connection 

New York NY 5,000,000 


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No. Project Name City State/Territory Amount 

1019 Highland Avenue over Wallace Street Otisville NY 1,250,000 

1020 Highway and 

Pedestrian 

Safety Infrastructure Improvements 

Kiryas Joel NY 1,380,000 

1021 Highway Improvements to 

the Interval 

Avenue Area, 

Farmingdale 

Oyster Bay NY 1,000,000 

1022 Hudson Highlands Fjord 

Trail 

Beacon NY 4,350,000 

1023 Hudson Line 

Tunnels 

Peekskill NY 4,550,000 

1024 I–84/Route 9D 

Connectivity 

(BeaconFishkill) 

Beacon and 

Town of 

Fishkill 

NY 400,000 

1025 Improvements to 

East Lincoln 

Avenue, Riverdale Avnenue 

and Pirates 

Cove, 

Massapequa 

Oyster Bay NY 1,000,000 

1026 Inner Loop 

North Transformation 

Project 

Rochester NY 4,000,000 

1027 Lake St. Bridge 

Project 

Newburgh NY 1,750,000 

1028 Lake to Lake 

Road Bridge 

Replacement 

Town of Gorham NY 1,464,000 

1029 Level 2 EV 

Charging Network in 

NYCDOT Municipal Parking Facilities 

Queens NY 734,400 

1030 Little Bay Park 

Promenade 

Bayside NY 1,000,000 

1031 Long Beach 

Road Improvements, 

South Hempstead, NY 

Rockville Centre NY 4,780,000 


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No. Project Name City State/Territory Amount 

1032 Multi-Modal 

Phase I/Pedestrian Connector Project 

Amsterdam NY 4,500,000 

1033 Newburgh Ferry 

Landing Pier 

Newburgh NY 4,000,000 

1034 Northport Flooding on Main 

St. 

Northport NY 1,392,000 

1035 Northwest Bronx 

School Safety 

Improvement 

Project 

Bronx NY 2,331,000 

1036 NY 146 and 

NY146A Bicycle & Pedestrian Access 

Improvements 

Clifton Park NY 1,055,000 

1037 NYS Route 133 

Bike Lane 

Ossining NY 1,500,000 

1038 Onondaga Lake 

Canalways 

Trail—Salina 

Extension 

Project 

Syracuse NY 8,000,000 

1039 Orange-Dutchess 

Transportation Access 

and Mobility 

Study 

Goshen NY 400,000 

1040 Outer Harbor 

Multi-Use 

Trails 

Buffalo NY 2,000,000 

1041 Park Ave—Ingersoll Houses 

Safety Improvements 

Brooklyn NY 1,942,000 

1042 Perry Road (CR 

64) Highway 

Rehabilitation 

Mt. Morris NY 1,440,000 

1043 Phase 1 of the 

New York 

State Route 

38 – State 

Street Pavement Preservation Project 

Auburn NY 2,778,400 


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No. Project Name City State/Territory Amount 

1044 Preventative 

Maintenance 

Pavement 

from Route 

67/Route 10 

Ephratah to 

Johnstown 

City Line 

Town of 

Johnstown & 

Ephratah 

NY 3,394,752 

1045 Purchase of 

Eight Electric 

Buses for Use 

in Emerging 

Markets – 

Montgomery 

County 

Albany NY 6,000,000 

1046 Putnam County’s Donald B. 

Smith Transit 

Hub 

Carmel NY 1,500,000 

1047 Rapids Road 

Highway Improvements 

Lockport NY 4,000,000 

1048 Reconstruction of 

Osborne Street 

Auburn NY 4,407,200 

1049 Reconstruction of 

the Intersection of Rt 7, 

Rt 23 and 

Maple St in 

Oneonta into 

Roundabout 

Configuration 

Oneonta NY 3,200,000 

1050 Replacement of 

the Bridge 

Street Bridge 

over Schoharie 

Creek 

Schoharie NY 6,254,400 

1051 Restoration of 

Van Cortlandt 

Manor Entrance Road 

Project 

Croton-onHudson NY 600,000 

1052 Riverside Drive 

Pedestrian 

Mall 

New York NY 2,400,000 

1053 Rose Road over 

Bowen Creek 

Bridge Replacement 

Batavia NY 1,033,600 


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No. Project Name City State/Territory Amount 

1054 Route 104 Intersection Improvement 

Project 

Ontario NY 1,254,400 

1055 Route 2 MultiModal 

Connectivity 

Project 

Troy NY 5,700,000 

1056 Route 28/South 

Inlet Lake 

Town of 

Arietta 

NY 6,621,248 

1057 Route 31 Improvement 

Project 

Wayne County NY 2,970,400 

1058 RT 12E/ 

Chaumont 

River 

Village of 

Chaumont 

NY 9,984,000 

1059 Safe and Accessible Midtown 

Kingston 

Kingston NY 6,053,818 

1060 Safe Passage for 

CRCS Students 

Cuba NY 1,472,000 

1061 Safe Routes to 

SchoolBronx 

(HWCSCH4D) 

Bronx NY 1,682,000 

1062 Safe Routes to 

School—Manhattan 

(HWCSCHMN) 

New York NY 3,643,000 

1063 Safe Routes to 

Transit 86th 

Street 

Brooklyn NY 2,516,000 

1064 Sands Point 

Preserve 

Bridge 

Village of 

Sands Point 

NY 1,784,000 

1065 Sharp Road (CR 

181) over 

Spring Brook 

Bridge Replacement 

Concord NY 1,400,000 

1066 Shoreline Trail Lackawanna 

and Hamburg 

NY 2,000,000 

1067 Southeast 

Queens Flooding Relief 

Queens NY 3,859,000 


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No. Project Name City State/Territory Amount 

1068 Street Restoration in Brooklyn—Hancock 

St, Bushwick 

Ave, Hill St, 

E 80th St 

Brooklyn NY 4,884,000 

1069 The Maiden 

Lane Rehabilitation 

Project 

Greece NY 6,604,000 

1070 The New Rochelle LINC 

Project 

New Rochelle NY 13,000,000 

1071 The Riverline Buffalo NY 10,500,000 

1072 Twin Cities 

Highway 

Complete 

Streets 

Tonawanda 

and North 

Tonawanda 

NY 500,000 

1073 Ulster County 

Electric Bus 

Charging Infrastructure 

Kingston NY 800,000 

1074 Union Turnpike 

Center Median 

Replacement 

Queens NY 2,355,200 

1075 Van Wyck Expressway Access Improvement to John 

F. Kennedy 

Airport 

Queens NY 16,141,000 

1076 Victor Traffic 

Mitigation 

Project 

Victor NY 9,920,000 

1077 Village of 

Ossining 

Route 9 Road 

Diet Project 

Ossining NY 1,000,000 

1078 Water Street Rejuvenation 

Project 

Elmira NY 1,289,400 

1079 West Broadway 

Rehabilitation 

Woodmere to 

Cedarhurst 

NY 9,670,000 

1080 West Lake Road 

(CR 3) Preventative 

Maintenance 

Perry NY 931,478 

1081 Williams Bridge 

Station Renewal 

Bronx NY 14,675,000 

1082 Yonkers Greenway Yonkers NY 1,791,600 


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No. Project Name City State/Territory Amount 

1083 11th Street Reconstruction 

Project 

Canton OH 1,500,000 

1084 Arlington Road 

Corridor 

Green OH 5,578,551 

1085 Bagley Road Reconstruction North 

Ridgeville 

OH 1,500,000 

1086 BRO–32–4.16 Mt. Orab OH 10,000,000 

1087 Cherry Rd 

Bridges Rehabilitation 

Massillon OH 1,480,000 

1088 CLE CR 3 – 

Aicholtz Road 

Roundabouts 

Cincinnati OH 2,000,000 

1089 CLE SR32–2.33 

– CLE CR55 

Overpass 

Batavia OH 1,500,000 

1090 Cleveland Avenue 

Multimodal 

Facility 

Project 

Westerville OH 800,000 

1091 Columbia 

Road—I–90 

Interchange 

Westlake OH 1,900,000 

1092 E. Main Street 

(SR153) & 

Nickel Plate 

Intersection 

Improvement 

Louisville OH 1,200,000 

1093 East Dayton 

Rails-to-Trails 

(Flight Line) 

Dayton OH 2,000,000 

1094 Easton Street/ 

GlenOak HS 

Intersection 

Improvements 

Canton OH 575,000 

1095 Electric Trolley 

Power Distribution System 

Dayton OH 3,600,000 

1096 French Creek 

Greenway 

Phase 1 

Avon OH 595,637 

1097 Gaysport Bridge 

Replacement 

Project 

Philo OH 3,000,000 

1098 HAM–75–1.95 Cincinnati OH 8,640,000 

4,320,000 

4,320,000 


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No. Project Name City State/Territory Amount 

1099 Hydrogen Infrastructure Tank 

Increase 

Canton OH 1,000,000 

1100 Interchange Construction 

Project on I– 

71 at Sunbury 

Parkway 

Sunbury OH 3,000,000 

1101 Kungle Road 

Culvert Replacement 

Norton OH 308,000 

1102 LUC IR 475 @ 

US 20A Interchange 

Lucas County OH 10,000,000 

1103 Main Street Corridor Improvement Plan 

Mansfield OH 2,000,000 

1104 Miller Road— 

I77 Interchange 

Brecksville OH 12,000,000 

1105 Olmsted Falls 

Columbia Rd. 

Olmsted Falls OH 1,900,000 

1106 Pearl Road 

Brunswick 

Brunswick OH 2,718,700 

1107 Pearl Road Improvements Brunswick OH 1,500,000 

1108 River Styx 

Road/SR 162 

Intersection 

Roundabout 

Montville 

Township 

OH 3,200,000 

1109 Sprague Road 

Widening 

Parma 

Parma OH 800,000 

1110 SR283 Capacity 

Improvements 

Mentor OH 3,148,000 

1111 Stark County 

CR–224 

North Canton OH 350,000 

1112 State Route 13 

Relocation 

Mount Vernon OH 1,900,405 

1113 State Route 254 

& State Route 

83 Intersection Improvement 

Avon OH 1,500,000 

1114 Study and Design of ATB 

531 

Ashtabula OH 2,400,000 

1115 The Point Intersection—US 

36/SR 37 

Delaware OH 4,000,000 


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No. Project Name City State/Territory Amount 

1116 Thornwood 

Crossing 

Project 

Newark OH 5,000,000 

1117 U.S. Route 30— 

East Canton 

Expansion 

East Canton OH 1,500,000 

1118 US–422 Harper 

Road Interchange 

Solon OH 2,414,288 

1119 W. Tuscarawas 

Street Safety 

Corridor 

Project 

Canton OH 1,000,000 

1120 Wadsworth 

Streetscape 

Wadsworth OH 2,500,000 

1121 Wayne CR–30 

Resurfacing 

project 

Wooster OH 1,219,962 

1122 West Creek 

Greenway 

Parma OH 2,720,000 

1123 Western Hills 

Viaduct Replacement 

Project 

Cincinnati OH 15,000,000 

1124 Bobcat Way: 

Transformation of 

Fairview Avenue 

Grandview 

Heights 

OH 1,000,000 

1125 Broad Street 

and James 

Road Intersection 

Columbus OH 1,000,000 

1126 Cherry Bottom 

Road Emergency Stabilization 

Gahanna OH 860,000 

1127 City of Akron— 

North Main 

Street Complete Streets 

Project 

Akron OH 4,000,000 

1128 Cleveland Hopkins Airport 

Master Plan 

Interstate Access Improvement Project 

Cleveland OH 2,000,000 


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No. Project Name City State/Territory Amount 

1129 Cuyahoga 

Falls—Gorge 

Terrace Street 

Transformation 

Project 

City of Cuyahoga Falls OH 7,200,000 

1130 Eastgate—State 

Route 46 and 

Warren-Sharon Road 

Intersection 

Safety Improvements 

Howland 

Township 

OH 4,000,000 

1131 Ferris Road Corridor Columbus OH 2,000,000 

1132 Hiawatha Park 

Drive Urban 

Greenway 

Columbus OH 1,000,000 

1133 Hudson Street 

and Greenway 

Trail 

Columbus OH 1,000,000 

1134 Jackson Street/ 

Civic Center 

Mall CorridorLucas County 

Toledo OH 4,000,000 

1135 Life and Safety 

Facility Upgrades, 

TARTA M&O 

Facility 

Toledo OH 4,000,000 

1136 Lorain County 

Lakefront 

Connectivity 

Project 

Lorain Ohio OH 4,000,000 

1137 Mahoning Avenue Industrial 

Corridor Upgrade 

Jackson 

Township 

OH 4,000,000 

1138 Multimodal 

Lakefront Access, Cuyahoga 

County, Ohio 

City of Cleveland Boundary, including 

Bay Village, 

Rocky River, 

and Lakewood 

OH 2,000,000 

1139 Operation 

Safewalks – 

Refugee Road 

Columbus OH 2,000,000 

1140 Reynoldsburg 

East Main 

Phase II 

Reynoldsburg OH 1,585,000 

1141 Reynoldsburg 

Park & Ride 

Reynoldsburg OH 500,000 


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No. Project Name City State/Territory Amount 

1142 Rickenbacker 

Area Access— 

Northbound 

Bridge Project 

Columbus OH 5,000,000 

1143 Rickenbacker 

Area Mobility 

Center 

(RAMC) 

Columbus OH 3,000,000 

1144 Sandusky Bay 

Pathway 

Sandusky OH 4,000,000 

1145 Bridges on Interstate 35 at 

Interchanges 

between Memorial and 

2nd Street 

Edmond OK 10,000,000 

1146 I–35 Widening 

in Love County 

Love County OK 17,120,000 

1147 I35/I240 Interchange Oklahoma 

City 

OK 10,000,000 

1148 I–40 and Exit 

65 in Clinton 

Clinton OK 3,250,000 

1149 S.E. 29th Street 

Bridge Replacement & 

Repair Project 

Midwest City OK 2,880,000 

1150 SH30 from 

SH33 N. 2 

miles in Roger 

Mills Co 

Durham OK 2,000,000 

1151 SH–33 from 

Blaine County 

line east to 

SH–74 

Kingfisher OK 3,250,000 

1152 US–270 between 

Watonga and 

Seiling 

Watonga OK 3,250,000 

1153 US–287 from 

Boise City 

north to Colorado (Ports-toPlains Corridor) 

Boise City OK 3,250,000 

1154 181st Safety Improvements Gresham OR 4,000,000 

1155 82nd Avenue 

Safety Projects 

Portland OR 5,000,000 

1156 Albany Transit 

Operations 

Facility 

Albany OR 1,563,978 


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No. Project Name City State/Territory Amount 

1157 Beaverton Downtown Loop: 

Phase 1 Improvements 

Beaverton OR 4,000,000 

1158 Benton Area 

Transit Vehicle Replacement 

Corvallis OR 528,000 

1159 Corvallis Area 

Pedestrian 

Crossing Improvements 

Corvallis OR 880,000 

1160 Georgia Pacific 

Mill Site RailServed Marine 

Terminal 

Coos Bay OR 4,500,000 

1161 I–5: AuroraDonald Interchange Improvement 

Project 

Aurora OR 20,000,000 

1162 Libby Lane Repaving Coos Bay OR 486,400 

1163 LTD Electric 

Bus Replacement 

Eugene OR 1,844,322 

1164 Main Avenue/OR 

104 Pedestrian Route 

Warrenton OR 1,360,000 

1165 NW Circle Boulevard Reconstruction/Rehabilitation 

Corvallis OR 2,800,000 

1166 OR18: NewbergDundee Bypass Phase 2 

(OR219 Section) 

Newberg OR 8,000,000 

1167 River Road— 

Santa Clara 

Bicycle and 

Pedestrian 

Bridge 

Eugene OR 1,500,000 

1168 Rose Lane / 

High Crash 

Corridor – 

Smart Tech 

and Safety 

Improvements 

– 122nd 

Portland OR 5,000,000 


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No. Project Name City State/Territory Amount 

1169 Safety and 

Smart Technology Investments: Central 

City, Broadway 

Portland OR 4,000,000 

2,000,000 

2,000,000 

1170 Siuslaw River 

Bridge Pedestrian and Bicycle Improvement Project 

Florence OR 897,300 

1171 Territorial 

Highway Reconstruction 

Phase 3 

Lane County OR 5,000,000 

1172 TriMet Zero 

Emission Bus 

Infrastructure 

Portland OR 4,000,000 

1173 Tualatin Valley 

Highway 

Safety Improvements 

Cornelius, 

Hillsboro, unincorporated 

Washington 

County 

OR 4,000,000 

1174 Amtran Bus Replacement Altoona PA 900,000 

1175 Asset Management Phase 1 Washington/ 

North 

Branch/ 

Forkston 

Townships 

PA 2,800,000 

1176 Bradford Bypass Bradford PA 5,680,000 

1177 Bristol Station 

Improvements 

Bristol PA 5,000,000 

1178 Cambria County 

Transit Authority 

(CamTran) 

Bus Replacements 

Johnstown PA 6,160,000 

1179 Crawford Avenue 

Bridge Rehabilitation 

Connellsville PA 5,682,180 

1180 East Washington 

Road 

(PennDOT ID 

91768) 

New Castle PA 3,116,000 

1181 East Washington 

Street Bridge 

(PennDOT ID 

100743) 

New Castle PA 1,400,000 


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No. Project Name City State/Territory Amount 

1182 Johnstown 

Mainstreet 

Greenway & 

Urban 

Connectivity 

Improvements 

Johnstown PA 1,500,000 

1183 Laurel Valley 

Transportation Improvement 

Project SR 

130 to Arnold 

Palmer Airport 

Mt Pleasant 

and Unity 

Townships 

PA 5,000,000 

1184 Lower State 

Road Grade 

Crossing Safety Improvements 

Philadelphia PA 1,200,000 

1185 Marsh Creek 

Greenway 

Wellsboro PA 5,000,000 

1186 PA Route 26 

Jacksonville 

Road Betterment 

Bellefonte PA 5,000,000 

1187 PA Turnpike / 

I–95 Interchange 

Project, Section C 

Bensalem PA 5,000,000 

1188 PA Turnpike / 

I–95 Interchange 

Project, Section D30 

Bensalem PA 5,000,000 

1189 Purchase of 8 

Microtransit 

Vans 

State College PA 416,000 

1190 Route 61 Revitalization Schuykill 

County 

PA 15,200,000 

1191 Sassafras Street 

Extension Pedestrian 

Bridge 

Erie PA 4,400,000 

1192 SR 1001 

Farrandsville 

Road Improvements 

Woodward 

Township and 

Lock Haven 

PA 1,200,000 

1193 SR 104 over 

Mahantango 

Creek 

Chapman 

Township 

PA 1,000,000 


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No. Project Name City State/Territory Amount 

1194 SR2027 Speers 

Bridge Replacement over 

I–70 

Speers Borough PA 5,672,564 

1195 SR87 ov Kettle 

Creek 

Hillsgrove 

Township 

PA 1,040,000 

1196 State Route 68 

Corridor Improvements 

Butler PA 6,630,000 

1197 US 422 Bypass 

Phase 2 

Butler, 

Connoquenessing, and 

Franklin 

Townships 

PA 2,454,000 

1198 US 6: Reynolds 

St – Baldwin 

St Ext (Route 

6 Highway 

Reconstruction) 

Meadville PA 2,000,000 

1199 US Business 

Route 322 

(State Route 

3014) Atherton Street 

Section 153 

Drainage/Repaving Project 

State College PA 5,550,000 

1200 Warrensville 

Road Slide 

Rehabilitation 

Williamsport PA 3,360,000 

1201 Waynesburg Betterment Waynesburg 

Borough & 

Franking 

Township 

PA 8,000,000 

1202 69th Street 

Transportation Center 

Master Plan 

Upper Darby PA 1,600,000 

1203 Blakely Borough 

Main Street 

Corridor Improvement 

Project 

Blakely Borough, 

Lackwanna 

County 

PA 1,497,417 

1204 Bridge Replacement 209 & 

33 NB over 

Appenzell 

Creek 

Hamilton 

Township 

PA 2,000,000 


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No. Project Name City State/Territory Amount 

1205 Bushkill Creek 

Bridge Replacements (2) 

Carrying 

State Route 

33 

Easton PA 4,000,000 

1206 Carnegie Station 

Improvement 

and Park and 

Ride Expansion 

Carnegie PA 9,699,200 

1207 Castor Ave Complete Street Philadelphia PA 3,000,000 

1208 Cementon Bridge 

Replacement 

carrying State 

Route 329 

over the Lehigh River 

Whitehall, 

Northampton 

PA 10,000,000 

1209 Chestnut Street 

Pedestrian 

Safety Islands 

Philadelphia PA 3,000,000 

1210 Cobbs Creek 

Parkway 

Multimodal 

Safety Improvements: 

Larchwood 

Avenue to 

67th St. 

Philadelphia PA 2,000,000 

1,200,000 

800,000 

1211 County of 

Lackawanna 

Transit System Transit 

Facility Renovation 

Scranton PA 5,000,000 

1212 Crestwood Drive 

Resurfacing 

Project 

Wright Township, Luzerne 

County 

PA 1,200,000 

1213 Critical Pedestrian Connections – Public 

Steps Reconstruction 

Pittsburgh PA 5,000,000 

1214 Cross County 

Trail – Germantown Pike 

Crossing and 

Extension 

Plymouth 

Township 

PA 4,840,000 


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No. Project Name City State/Territory Amount 

1215 Erie Station 

(Broad Street 

Line) Accessibility Improvements 

Philadelphia PA 7,200,000 

3,600,000 

3,600,000 

1216 Exton Station 

Intermodal 

Connectivity 

Exton PA 4,800,000 

1217 Frankford Creek 

Greenway: 

Adams Avenue 

to Bristol 

Street 

Philadelphia PA 2,000,000 

1218 Franklin Square 

Pedestrian 

and Bicycle 

Improvement—7th 

and Race Specific 

Philadelphia PA 240,000 

1219 Hazleton Buses 

and Bus Infrastructure 

Hazleton PA 1,500,000 

1220 Hill District 

Corridor Enhancements 

Pittsburgh PA 6,000,000 

1221 Improvements to 

Boulevard of 

the Allies 

Pittsburgh PA 5,000,000 

1222 Kittanning Pike 

Flood Control 

O’Hara 

Township 

PA 2,200,000 

1223 Lower Demunds 

Road Resurfacing Project 

Dallas Township, Luzerne 

County 

PA 1,200,000 

1224 Main Street 

Grade Crossing in Darby 

Borough 

Darby Borough PA 1,000,000 

1225 Mantua Neighborhood Traffic Safety 

Project (34th 

St.) 

Philadelphia PA 4,000,000 

1226 Marcus Hook 

Regional Rail 

Station Accessibility Improvements 

Marcus Hook PA 11,250,000 


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No. Project Name City State/Territory Amount 

1227 Market Place 

District Improvements 

Project 

Moon Township PA 3,100,800 

1228 McKees Rocks 

Bridge 

McKees Rocks PA 5,000,000 

1229 McKeesport— 

Duquesne 

Bridge Preservation 

McKeesport PA 4,000,000 

1230 PA 12 West 

Resurface- 422 

Wyomissing 

Borough 

PA 4,000,000 

1231 Parkside Avenue 

– Safe Access 

to Parks 

Philadelphia PA 4,000,000 

1232 Penn Center 

Transit Gateway 

Philadelphia PA 3,975,000 

1233 PHL Airport 

Bike Lanes 

Philadelphia PA 3,000,000 

1234 Replacement of 

SR 590 

Bridge over 

Branch of 

Ariel Creek 

Salem Township, Wayne 

County 

PA 560,000 

1235 Replacement of 

SR 590 

Bridge over 

Inlet to Finn 

Swamp 

Paupack 

Township, 

Wayne County 

PA 432,000 

1236 Roosevelt Boulevard Intersection Improvements 

Philadelphia PA 1,960,000 

1237 Schuylkill Avenue Bridge Reading PA 4,904,036 

1238 Second Street 

Signal Optimization (Lehigh Ave to 

Callowhill St) 

Philadelphia PA 2,400,000 

1239 SEPTA Platform Rehabilitation Project 

at PHL 

Philadelphia PA 1,205,000 

1240 Sleepy Hollow 

Road Bridge 

Replacement 

Butler Township, Luzerne 

County 

PA 1,200,000 

1241 South Henderson 

Road Widening 

Upper Merion PA 5,000,000 


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No. Project Name City State/Territory Amount 

1242 SR 29 & SR 113 

Intersection 

Improvements 

Perkiomen 

Township 

PA 3,676,512 

1243 SR 4004—Park 

Ave, Eagleville 

Road, 

Crawford 

Road Intersection Realignment Project 

Audubon PA 4,745,604 

1244 State Route 115 

Corridor Improvements 

Effort 

Chestnuthill 

Township, 

Monroe County 

PA 4,000,000 

1245 State Route 590 

Paving Project 

Lackawaxen 

Township, 

Pike County 

PA 2,400,000 

1246 State Route 652 

Resurfacing 

Project 

Berlin Township, Wayne 

County 

PA 1,008,000 

1247 Tilghman Street 

and State 

Route 309 

Interchange 

Reconstruction 

South Whitehall Township PA 4,000,000 

1248 Upper Darby 

Walnut Street 

Multimodal 

Connectivity 

Project 

Upper Darby PA 745,000 

1249 US 222 Hard 

Shoulder 

Wyomissing 

Borough 

PA 5,000,000 

1250 PRHTA-01 

Lajas to San 

German 

Lajas PR 5,000,000 

1251 PRHTA-02 

Gurabo 

Gurabo PR 4,800,000 

1252 PRHTA-03 Bayamon Bayamon PR 7,884,000 

1253 East Main Road 

– Union Avenue to Sandy 

Point Avenue 

Safe SharedUse Path 

Portsmouth RI 240,000 

1254 Hope and Main 

Street Sidewalks 

Bristol and 

Warren 

RI 8,000,000 


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No. Project Name City State/Territory Amount 

1255 Pawtucket Avenue Veteran’s 

Memorial 

Parkway to 

Waterman Avenue 

East Providence RI 5,600,000 

1256 Post Road and 

Old Post Road 

Improvements 

Westerly, 

Charlestown 

RI 10,400,000 

1257 Route 2, Bald 

Hill Road, 

and New London Avenue 

Improvements 

Warwick/ 

Cranston 

RI 4,000,000 

1258 RT–114, 

Wampanoag 

Trail (East 

Shore Expressway to 

Federal Road) 

Barrington 

and East 

Providence 

RI 5,920,000 

1259 Trestle Trail— 

West Section 

Coventry RI 4,400,000 

1260 I 26/ 526 Interchange North 

Charleston 

SC 20,000,000 

1261 SC–126 Belvedere Clearwater Road 

Widening 

Clearwater SC 13,069,695 

1262 Corridor Improvement at 

Old State 

Road (US 21/ 

176) from 

Savany Hunt 

Creek Road 

(S–86) to Old 

Sandy Run 

Road (S–31) 

Calhoun 

County 

SC 1,100,000 

1263 Intersection Improvement at 

Old State 

Road (US 21/ 

176) and 

Savany Hunt 

Creek Road 

(S–86) 

Gaston SC 1,100,000 

1264 Santee Wateree 

Regional 

Transportation #2022 

Sumter SC 2,000,000 


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No. Project Name City State/Territory Amount 

1265 Sumter Manning 

Avenue Bridge 

Multimodal 

Enhancements 

Sumter SC 4,000,000 

1266 US 21/178 Bypass (Joe S. 

Jeffords Highway) Corridor 

Improvement 

Orangeburg SC 7,800,000 

1267 Walk Bike Columbia Columbia SC 4,000,000 

1268 Blount County 

Greenway 

Blount County TN 3,420,800 

1269 Elvis Presley 

Boulevard 

Memphis TN 7,000,000 

1270 Knob Creek 

Road 

Johnson City TN 2,630,000 

1271 Magnolia Avenue 

Corridor 

Knoxville TN 10,000,000 

1272 MATA Electric 

Bus Program 

Memphis TN 7,000,000 

1273 Memphis 3.0 

(Kimball at 

Pendleton) 

Memphis TN 3,000,000 

1274 Mississippi Boulevard Signalized Pedestrian Crossing Memphis TN 1,141,440 

1275 Overton Park 

Cooper Street 

Entrance 

Memphis TN 1,739,432 

1276 SR–126 Kingsport TN 5,662,000 

1277 SR–34 Morristown TN 2,394,000 

1278 SR–35 Greenville TN 2,018,000 

1279 SR–36 Spurgeon TN 5,445,000 

1280 SR–499 EXT Sevierville TN 832,000 

1281 SR–93 Horse 

Creek 

Kingsport TN 777,000 

1282 SR–93 Miscellaneous Safety 

Improvements 

Fall Branch TN 242,000 

1283 Third/Fourth 

Street Corridor Project, 

Chattanooga, 

TN 

Chattanooga TN 2,500,000 

1284 US–127 (SR–28) Fentress 

County / 

Cumberland 

County 

TN 20,000,000 


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No. Project Name City State/Territory Amount 

1285 54 Scott Street 

BOOST Corridor project 

Houston TX 20,000,000 

1286 Austin 

Bergstrom 

Spur Urban 

Trail 

Austin TX 10,000,000 

1287 Austin Ross 

Road Substandard 

Street 

Austin TX 10,000,000 

1288 Bear Creek Road 

Improvement 

Project 

Glenn Heights TX 3,329,417 

1289 City of South 

Houston--Concrete Sidewalks 

South Houston TX 1,264,530 

1290 Clay Road 

Bridge Reconstruction 

Project 

Houston TX 9,929,577 

1291 Dallas East 

Grand Avenue 

(SH–78) Corridor Study & 

Infrastructure 

Improvements 

Dallas TX 1,300,000 

1292 Dallas Vision 

Zero Implementation 

Dallas TX 10,000,000 

1293 DART LED 

Light Replacement Project 

Dallas TX 2,080,000 

1294 DART Mobile 

Data Terminals System 

Upgrade 

Project 

Dallas TX 1,760,000 

1295 East Dallas Bus 

and Maintenance Facility 

Renovation 

Project 

Dallas TX 891,992 

1296 FM 3349/US 79 

Railroad 

Grade Separation Project 

Hutto & Taylor TX 10,000,000 


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No. Project Name City State/Territory Amount 

1297 FM 60 from 2 

miles east of 

SH 36 to .8 

miles west of 

FM 2039 

Caldwell TX 4,000,000 

1298 Foley Street & 

Navigation 

Realignment 

& Infrastructure Re-Use 

Construction 

Phase 

Houston TX 10,000,000 

1299 Fondren Road 

Reconstruction 

with Transit 

and Pedestrian Enhancements 

Houston TX 11,000,000 

1300 Greater Downtown Dallas 

Master Plan 

Dallas TX 1,600,000 

1301 Grove Street 

Intermodal 

Campus Rehabilitation 

Fort Wort TX 3,250,000 

1302 High Line 

Project 

Pharr TX 940,160 

1303 IBTC Donna and 

Alamo 

TX 3,500,000 

1304 IH 45 from 1.5 

miles south of 

S 84 to US 84 

Fairfield TX 1,000,000 

1305 IH 69E Lyford and 

Sebastian 

TX 3,500,000 

1306 Intersection at 

SH 191 and 

Yukon Rd. 

Midland TX 6,520,000 

1307 John Hayes Extension El Paso TX 12,000,000 

1308 Meadowglen 

West Complete 

Street Project 

Houston TX 4,000,000 

1309 Memorial Park 

Connector 

South 

Houston TX 4,000,000 

1310 Missouri City/ 

BW 8 Transit 

Facility 

Missouri City TX 5,000,000 


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No. Project Name City State/Territory Amount 

1311 New Construction Overpass 

at Loop 338 

and South US 

385 

Odessa TX 2,000,000 

1312 Pharr International 

Bridge Dock 

Expansion 1 

Pharr TX 2,863,918 

1313 Pharr International 

Bridge-Commercial Vehicle Staging 

Area 

Pharr TX 3,880,000 

1314 Phase 3A—SL 

88 from Memphis to CR 

2240 (Ave. U) 

(TxDOT 

Project Id: 

1502–01–029) 

Lubbock TX 11,820,000 

1315 Phase 3B—SL 

88 from SL 88 

from Chicago 

Avenue to 

Memphis Avenue (TxDOT 

Project Id: 

1502–01–030) 

Lubbock TX 8,180,000 

1316 Reconstruction of 

US385 in 

Odessa 

Odessa TX 1,000,000 

1317 Re-establish 

Northwest 

Drive Direct 

Access to IH 

635 

Mesquite TX 10,000,000 

1318 RM 2243 Resiliency Project Leander TX 10,000,000 

1319 Safe Access to 

Transit Improvements 

Houston TX 1,200,000 

1320 SH 550 Brownsville TX 3,791,529 

1321 SH 6 from BS 

6–R to SH 40 

College Station TX 4,000,000 

1322 South Parallel 

Corridor 

Phase III 

San Benito TX 6,500,000 


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No. Project Name City State/Territory Amount 

1323 South Park and 

Ride Project/ 

Electric Bus 

Project Expansion 

McAllen TX 4,700,000 

1324 Speegleville 

Road: Bridge 

at Middle 

Bosque River 

Waco TX 8,379,000 

1325 Stanton Street 

Bridge ‘‘Good 

Neighbor 

International 

Bridge’’ Intelligent Transportation System 

El Paso TX 7,200,000 

1326 The I–35 Innovative Corridor Project Dallas TX 7,500,000 

1327 Traffic Signal 

Improvements 

Loop 338 at 

W Yukon Rd 

Odessa TX 2,480,000 

1328 Trinity Lakes 

Station—Fort 

Worth Transportation Authority 

Fort Worth TX 11,962,800 

1329 TX SH 36 Expansion Fort Bend 

County 

TX 20,000,000 

1330 Vallecillo Road 

Project 

Laredo TX 14,000,000 

1331 Westheimer 

BOOST 

Houston TX 16,000,000 

1332 Widen US–77 Victoria TX 20,000,000 

1333 Widening of 

US–83 South 

of Zapata 

Townsite 

Project 

Zapata TX 5,780,148 

1334 Zarzamora/Frio 

City Road RR 

Overpass 

San Antonio TX 15,600,000 

1335 1300 East/Richmond Street 

Reconstruction 

Salt Lake 

City 

UT 2,000,000 

1336 1500 West and 

1300 North 

Roundabout 

Clinton City UT 1,200,000 

1337 4700 South 

Project WVC 

West Valley 

City 

UT 3,000,000 


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No. Project Name City State/Territory Amount 

1338 700 West Project South Salt 

Lake City 

UT 3,000,000 

1339 BRT from 

Kimball Junction to Park 

City (S.R. 

224) 

Park City UT 6,500,000 

1340 Colorado River 

Pathway 

Phase IV 

Moab/Grand 

County 

UT 1,000,000 

1341 Fort Street Reconstruct Draper UT 915,294 

1342 Frontage Road 

Bypass 

Herriman UT 4,800,000 

1343 FrontRunner 

Forward 

Provo to 

Ogden 

UT 3,300,000 

1344 Legacy Highway 

Frontage 

Road Project 

Centerville UT 1,500,000 

1345 Midvalley Connector Murray, West 

Valley, Salt 

Lake City 

UT 5,500,000 

1346 Neffs Canyon 

Trailhead Redesign 

Salt Lake 

City 

UT 800,000 

400,000 

400,000 

1347 North Sugar 

Factory Road 

Gunnison UT 1,727,200 

1348 Ogden 25th 

Street Rebuild 

Project 

Ogden UT 5,500,000 

1349 Ogden Canyon 

Shared Use 

Pathway 

Project 

Ogden UT 4,000,000 

1350 Park City Arts 

and Culture 

District Roadway and 

Connectivity 

Project 

Park City UT 1,200,000 

1351 Provo Intermodal Center 

Pedestrian 

Bridge Project 

Provo UT 1,000,000 

1352 Safe Route to 

School Sidewalk Project 

Salt Lake 

County 

UT 73,345 

1353 Sharp/Tintic 

Railroad Connection 

Springville 

and Spanish 

Fork 

UT 1,700,000 


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No. Project Name City State/Territory Amount 

1354 SR-7 Exit 5 

Interchange, 

Southern Hills 

Bridge and 

Roadway 

St. George UT 5,000,000 

1355 Young Street 

Bridge and 

Connector 

Road Project 

Morgan City UT 1,547,401 

1356 Arlington Ridge 

Road Bridge 

Arlington/Alexandria VA 9,000,000 

1357 Berkley Avenue 

Bridge 

Norfolk VA 5,000,000 

1358 Chesapeake AllElectric Mobile Command 

Vehicle Demonstration 

Project 

Chesapeake VA 1,600,000 

1359 Coalfields Expressway— 

RTE 121 West 

Virginia State 

Line to 

Grundy, VA 

Grundy VA 4,097,500 

1360 Commerce Road 

Improvements 

Project 

Richmond VA 1,600,000 

1361 Craney Island 

Access Road 

Portsmouth VA 3,111,500 

1362 Electric Emergency Response Vehicles Chesapeake VA 1,600,000 

1363 Fall Line Trail 

– Downtown 

Core Enhancements 

Richmond VA 1,500,000 

1364 HRT Bus Replacement Virginia 

Beach 

VA 2,377,000 

1365 I–64 at Oilville 

Road (Rte. 

617) Interchange 

Goochland 

County 

VA 3,436,000 

1366 I–66 Transportation Alternatives Fairfax VA 4,000,000 

1367 I–81 Northbound 

Truck Climbing Lane— 

Mile Marker 

39.5 

Marion VA 11,160,000 


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No. Project Name City State/Territory Amount 

1368 Intersection 

Safety Improvements at 

the Intersection of Route 

15 and Route 

250 

Troy VA 5,082,700 

1369 Intersection 

Safety Improvements at 

the Intersection of Route 

22 and Route 

780 

Louisa VA 2,050,000 

1370 Interstate 95 

and Willis 

Road Interchange Improvements 

Project 

Chesterfield VA 3,200,000 

1371 Jahnke Road: 

Blakemore 

Road to Forest 

Hill Avenue 

Richmond VA 1,600,000 

1372 Long Bridge Arlington VA 4,000,000 

1373 Mathis Corridor 

Revitalization 

Project 

Manassas VA 7,000,000 

1374 Multimodal 

Transportation Infrastructure Improvements 

Falls Church VA 2,000,000 

1375 Nimmo Parkway 

Phase VII-B 

Virginia 

Beach 

VA 5,000,000 

1376 Old Bridge Road 

at Gordon 

Boulevard 

Interchange/ 

Intersection 

Improvements 

Woodbridge VA 4,000,000 

1377 Parallel Chesapeake Tunnel 

Project 

Northampton 

County 

VA 3,111,500 

1378 Peninsula Transit Signal Priority Improvements 

Newport News 

and Hampton 

VA 9,702,071 

1379 Red Lane Road/ 

Rt. 60 Continuous Green T 

Powhatan VA 3,145,663 


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No. Project Name City State/Territory Amount 

1380 Richmond Highway Bus 

Rapid Transit 

Fairfax County VA 5,000,000 

1381 Roundabout at 

the intersection of Middle 

Road (Rt. 

646) and Jefferson Park 

Road (Rt. 

630) 

Prince George 

County 

VA 3,540,806 

1382 Route 31 Bicycle 

Accommodations Project 

Surry VA 6,379,000 

1383 Route 7/Route 

690 Interchange 

Purcellville VA 10,000,000 

1384 Rt. 208 (Courthouse Road) 

and Hood 

Drive Intersection Improvement (UPC 

110987) 

Fredericksburg VA 1,151,000 

1385 Silver Line Support Transportation Alternatives Fairfax VA 10,500,000 

1386 The Birthplace 

of America 

Trail 

Newport News VA 3,160,000 

1387 Tidewater Drive 

Reconstruction 

Norfolk VA 6,400,000 

1388 Transit Enhancement 

and Expansion 

Chesterfield VA 4,688,800 

1389 St. Croix/St. 

Thomas Ferry 

Christiansted VI 15,000,000 

1390 Barre CityBarre Town 

VT Route 14 / 

Quarry Street 

and Quarry 

Hill Road 

Intersection 

Reconstruction 

Barre VT 4,750,000 

1391 Essex Junction 

Crescent Connector 

Essex VT 5,400,000 


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No. Project Name City State/Territory Amount 

1392 Railyard Enterprise Project 

(Design & 

Permitting 

Phase) 

Burlington VT 2,250,000 

1393 Town of Hartford (Quechee) 

U.S 4 Bridge 

Rehabilitation 

Hartford VT 7,600,000 

1394 Bigelow Gulch 

and Sullivan 

Road Corridor 

Spokane Valley WA 2,650,000 

1395 City of 

Waitsburg 

Highway 12 

Preston 

Bridge Replacement 

Waitsburg WA 350,000 

1396 Columbia 

Heights Road 

Reconstruction 

Longview WA 5,500,000 

1397 Ferry County 

Kettle River 

Road Rehabilitation 

Curlew WA 1,797,000 

1398 I–5/SR 503 

Interchange 

Area Improvements 

Woodland WA 11,760,000 

1399 Industrial Rail 

Corridor Expansion 

(IRCE) 

Longview WA 2,740,000 

1400 Palouse River 

Bridge Replacement 

Colfax WA 6,000,000 

1401 Spokane Airport 

Spotted Road 

Project 

Spokane WA 6,749,000 

1402 SR 410/Rock 

Creek Vic— 

Chronic Environmental Deficiency 

Naches WA 3,562,000 

1403 SW Mojonnier 

Road Reconstruction 

College Place WA 2,453,574 

1404 US 12 Naches 

Vic to Yakima 

Vic—Intersection Safety 

Improvements 

Naches WA 1,452,000 


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No. Project Name City State/Territory Amount 

1405 US 97/Jones 

Rd—Intersection Improvements 

Wapato WA 4,464,000 

1406 US Highway 12 

Phase 8 Final 

Design and 

Right of Way 

Acquisition 

Touchet WA 5,965,931 

1407 Yakima County, 

East-West 

Corridor 

Phase II 

Project. 

Yakima WA 4,000,000 

1408 169th Street 

Connecting 

Segment 

Arlington WA 3,900,000 

1409 20th Street NE / 

Main Street 

Improvements 

Lake Stevens WA 2,000,000 

1410 42nd Ave S 

Bridge Replacement 

Project 

Tukwila WA 1,270,000 

1411 Aberdeen US 12 

Highway-Rail 

Separation 

Project 

Aberdeen WA 2,080,000 

1412 Access and Circulation 

Roads for the 

Darrington 

Wood Innovation Center 

Town of 

Darrington 

WA 1,291,869 

1413 Bellevue Transit 

Center Safety 

and 

Connectivity 

Project 

Bellevue WA 1,000,000 

1414 City of Carnation Larson / 

40th Street 

Bypass Project 

Carnation WA 2,400,000 

1415 City of Kenmore 

Fish Passable 

Culvert Replacements 

Kenmore WA 1,224,000 

1416 College Street 

Corridor Improvements 

Phase III 

Lacey WA 6,000,000 


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No. Project Name City State/Territory Amount 

1417 Columbia River 

Pedestrian 

Bridge Extension, Apple 

Capital Loop 

Trail 

Wenatchee WA 8,600,000 

1418 E. 64th Street 

Phase II 

Tacoma WA 5,600,000 

1419 East Marginal 

Way Corridor 

Improvements 

– Phase 1 

Seattle WA 2,340,000 

1420 Eastrail 

Wilburton 

Critical Crossing 

Bellevue WA 1,680,000 

1421 Georgetown to 

South Park 

Connection 

Seattle WA 1,800,000 

1422 Gorst Area Resiliency and 

Redundancy 

Alternatives 

Study 

Bremerton WA 8,000,000 

1423 Guemes Island 

Ferry Replacement 

Project 

Anacortes WA 8,000,000 

1424 I–5/Lake Washington Ship 

Canal Bridge 

Seattle WA 5,000,000 

1425 Lea Hill Corridor 112th 

Ave SE & 

105th Pl SE 

Intersection 

Improvements 

Aubrun WA 4,446,200 

1426 Links to Opportunity 

Streetscape 

Project 

Tacoma WA 2,000,000 

1427 Lyon Creek Culvert Replacement Project Lake Forest 

Park 

WA 3,100,000 

1428 Meeker Complete 

Street/Safe 

Routes to 

School Project 

Kent WA 2,500,000 


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No. Project Name City State/Territory Amount 

1429 MLK Jr. Way S 

Safety and 

Accessibility 

Improvements 

Project 

Seattle WA 750,000 

1430 NE 124th St / 

124th Ave NE 

Pedestrian 

Bridge (Totem 

Lake Non-Motorized 

Bridge) 

Kirkland WA 2,000,000 

1431 Orting HWY 162 

Pedestrian 

Bridge 

Oting WA 6,000,000 

1432 Puyallup Avenue 

Transit/Complete Street 

Improvements 

Tacoma WA 2,000,000 

1433 Rainier Avenue 

South Corridor Improvements—Phase 

4A 

Renton WA 2,000,000 

1434 Redmond Central Connector 

Phase III 

Redmond WA 3,000,000 

1435 Roundabout on 

US–2 and 

Main Street 

Sultan WA 900,000 

1436 Safe Routes to 

School Improvements: 

Whitman Elementary and 

Edison Elementary 

Schools 

Tacoma WA 1,000,000 

1437 Sheffield Trail 

Improvement 

Project 

Fife WA 2,750,000 

1438 South Campus 

Interim Base 

Electrification 

Tukwila WA 3,000,000 

1439 South Tacoma 

Way, 88th 

Street S to 

80th Street 

Court SW. 

Lakewood WA 2,400,000 


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No. Project Name City State/Territory Amount 

1440 South 

Whidbey— 

Clinton Area 

Transportation Infrastructure Improvements 

Clinton WA 1,500,000 

1441 SR 99/NB 

Duwamish 

River 

Bridge—Grid 

Deck Replacement 

Seattle WA 2,000,000 

1442 SR522 Corridor 

Improvement 

Maltby WA 4,000,000 

1443 Town to Zylstra 

Lake MultiModal Trail 

Friday Harbor WA 5,280,000 

1444 Tukwila International Boulevard Bus 

Rapid Transit 

Station 

Tukwila WA 2,000,000 

1445 US 12/Heron St 

Bridge Tier 

1—Bridge Rehabilitation 

Aberdeen WA 2,038,166 

1446 US–2 WB Trestle Lake Stevens, 

Everett 

WA 1,680,000 

840,000 

840,000 

1447 Washington 

State Ferries 

Seattle Ferry 

Terminal 

Shoreside 

Electrification 

Seattle WA 4,200,000 

1448 West Seattle and 

Ballard Link 

Extensions 

(WSBLE) 

Seattle WA 5,360,000 

1449 X Street Roundabout Tumwater WA 3,250,000 

1450 Atwood Ave. 

(Fair Oaks 

Ave. to Cottage Grove 

Rd.) 

Madison WI 6,275,000 

1451 BeerLine Bike 

and Pedestrian Trail 

Milwaukee WI 1,200,000 


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No. Project Name City State/Territory Amount 

1452 CTH CC from 

Ash Street to 

CTH D 

Oregon WI 2,000,000 

1453 CTH CV from 

Government 

Road to USH 

51 

Madison WI 2,000,000 

1454 CTH M/Century 

Avenue Bridge 

(B–13–0046) 

over Pheasant 

Branch Replacement Including Approaches and 

Branch Street 

Intersection 

Middleton WI 2,000,000 

1455 CTH P from 

CTH PD to 

CTH S 

Klevenville WI 2,000,000 

1456 I–94 Screening 

Wall at Woods 

National Cemetery 

Milwaukee WI 2,000,000 

1457 Milwaukee Country Transit 

Bus Purchase 

Wauwatosa WI 4,000,000 

1458 Milwaukee County Transit Security Initiative 

Wauwatosa WI 2,000,000 

1459 Reconstruction of 

Silver Spring 

Drive 

Glendale WI 4,500,000 

1460 Reedsburg – 

Baraboo, Preston Avenue to 

STH 23 

Const./Mill & 

Overlay, State 

3R 

Reedsburg WI 125,000 

1461 Reedsburg – 

Wisconsin 

Dells STH 

136 Intersection Const./ 

Intersection 

Improvement/ 

RAB Safety 

Reedsburg WI 1,600,000 


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No. Project Name City State/Territory Amount 

1462 South 

Kinnickinnic 

Avenue Resurfacing Project 

St. Francis WI 700,000 

1463 US 14 (Wisconsin River 

to Oak Street) 

between 

Spring Green 

& Madison 

Arena WI 2,000,000 

1464 Vliet Street Resurfacing 

Project 

Milwaukee WI 4,200,000 

1465 Hal Greer Boulevard Corridor 

Upgrade 

Huntington WV 6,400,000 

1466 Michael Angiulli 

Memorial 

Bridge 

North View WV 2,080,000 

1467 New Cumberland—WV 

2 

New Cumberland WV 3,200,000 

1468 Princeton Overhead Bridge Princeton WV 3,600,000 

1469 Rock Creek 

Interchange— 

New Access 

Road 

Rock Creek WV 10,000,000 

1470 Route 93 Scherr 

Overpass 

Scherr WV 3,120,000 

1471 Van Voorhis 

Road 

Morgantown WV 6,800,000 

1472 WVU PRT Passenger Stations Rehabilitation Project 

Morgantown WV 4,800,000 

1473 Excelsior 

Springs Safe 

Streets and 

Sidewalks 

Excelsior 

Springs 

MO 9,444,706 


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1 DIVISION B—SURFACE 

2 TRANSPORTATION 

3 SEC. 1001. APPLICABILITY OF DIVISION. 

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

5 amendments made by this division, applies beginning on 

6 October 1, 2022. 

7 (b) REFERENCE TO DATE OF ENACTMENT.—In this di8 vision and the amendments made by this division, any ref9 erence to— 

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

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

12 division; 

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

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

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

16 America Act added to law by an amendment made by 

17 this division, 

18 shall be treated as a reference to October 1, 2022. 

19 (c) EXCEPTION FOR IMMEDIATE APPLICATION.—Sub20 sections (a) and (b) shall not apply to the following sections 

21 and any amendments made by such sections: 

22 (1) Section 1105. 

23 (2) Section 1107. 

24 (3) Section 1305. 

25 (4) Subsections (c)(1) and (d) of section 2104. 


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1 (5) Section 2106. 

2 (6) Section 2112. 

3 (7) Section 2204(1)(A). 

4 (8) Section 2305. 

5 (9) Section 2307. 

6 (10) Section 2902(2). 

7 TITLE I—FEDERAL-AID 

8 HIGHWAYS 

9 Subtitle A—Authorizations and 

10 Program Conditions 

11 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—The following amounts are author13 ized to be appropriated out of the Highway Trust Fund 

14 (other than the Mass Transit Account): 

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

16 national highway performance program under section 

17 119 of title 23, United States Code, the pre-disaster 

18 mitigation program under section 124 of such title, 

19 the railway crossings program under section 130 of 

20 such title, the surface transportation program under 

21 section 133 of such title, the highway safety improve22 ment program under section 148 of such title, the con23 gestion mitigation and air quality improvement pro24 gram under section 149 of such title, the clean cor25 ridors program under section 151 of such title, the 


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1 national highway freight program under section 167 

2 of such title, the carbon pollution reduction program 

3 under section 171 of such title, and metropolitan 

4 planning under section 134 of such title— 

5 (A) $56,522,048,429 for fiscal year 2023; 

6 (B) $57,480,646,776 for fiscal year 2024; 

7 (C) $58,595,359,712 for fiscal year 2025; 

8 and 

9 (D) $59,618,666,186 for fiscal year 2026. 

10 (2) TRANSPORTATION INFRASTRUCTURE FINANCE

11 AND INNOVATION PROGRAM.—For credit assistance 

12 under the transportation infrastructure finance and 

13 innovation program under chapter 6 of title 23, 

14 United States Code, $250,000,000 for each of fiscal 

15 years 2023 through 2026. 

16 (3) CONSTRUCTION OF FERRY BOATS AND FERRY

17 TERMINAL FACILITIES.—For construction of ferry 

18 boats and ferry terminal facilities under section 147 

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

20 of fiscal years 2023 through 2026. 

21 (4) FEDERAL LANDS AND TRIBAL TRANSPOR22 TATION PROGRAMS.— 

23 (A) TRIBAL TRANSPORTATION PROGRAM.— 

24 For the tribal transportation program under sec25 tion 202 of title 23, United States Code, 


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1 $800,000,000 for each of fiscal years 2023 

2 through 2026. 

3 (B) FEDERAL LANDS TRANSPORTATION PRO4 GRAM.— 

5 (i) IN GENERAL.—For the Federal 

6 lands transportation program under section 

7 203 of title 23, United States Code, 

8 $555,000,000 for each of fiscal years 2023 

9 through 2026. 

10 (ii) ALLOCATION.—Of the amount 

11 made available for a fiscal year under 

12 clause (i)— 

13 (I) the amount for the National 

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

15 of fiscal years 2023 through 2026; 

16 (II) the amount for the United 

17 States Fish and Wildlife Service is 

18 $50,000,000 for each of fiscal years 

19 2023 through 2026; 

20 (III) the amount for the United 

21 States Forest Service is $50,000,000 

22 for each of fiscal years 2023 through 

23 2026; 


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1 (IV) the amount for the Corps of 

2 Engineers is $16,000,000 for each of 

3 fiscal years 2023 through 2026; 

4 (V) the amount for the Bureau of 

5 Land Management is $16,000,000 for 

6 each of fiscal years 2023 through 2026; 

7 (VI) the amount for the Bureau of 

8 Reclamation is $16,000,000 for each of 

9 fiscal years 2023 through 2026; and 

10 (VII) the amount for independent 

11 Federal agencies with natural resource 

12 and land management responsibilities 

13 is $7,000,000 for each of fiscal years 

14 2023 through 2026. 

15 (C) FEDERAL LANDS ACCESS PROGRAM.— 

16 For the Federal lands access program under sec17 tion 204 of title 23, United States Code, 

18 $345,000,000 for each of fiscal years 2023 

19 through 2026. 

20 (D) FEDERAL LANDS AND TRIBAL MAJOR

21 PROJECTS GRANTS.—To carry out section 208 of 

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

23 each of fiscal years 2023 through 2026. 

24 (5) TERRITORIAL AND PUERTO RICO HIGHWAY

25 PROGRAM.—For the territorial and Puerto Rico highVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 way program under section 165 of title 23, United 

2 States Code, the amounts specified in paragraphs (1) 

3 and (2) of section 165(a) for each of fiscal years 2023 

4 through 2026. 

5 (6) PROJECTS OF NATIONAL AND REGIONAL SIG6 NIFICANCE.—For projects of national and regional 

7 significance under section 117 of title 23, United 

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

9 2023 through 2026. 

10 (7) COMMUNITY TRANSPORTATION INVESTMENT

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

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

13 2023 through 2026. 

14 (8) COMMUNITY CLIMATE INNOVATION GRANTS.— 

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

16 Code, $250,000,000 for each of fiscal years 2023 

17 through 2026. 

18 (9) NATIONAL SCENIC BYWAYS PROGRAM.—To 

19 carry out section 162 of title 23, United States Code, 

20 $16,000,000 for each of fiscal year 2023 through 2026. 

21 (10) REBUILD RURAL BRIDGES PROGRAM.— To 

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

23 each of fiscal years 2023 through 2026. 

24 (11) PARKING FOR COMMERCIAL MOTOR VEHI25 CLES.—To carry out section 1308 of this Act, 


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1 $250,000,000 for each of fiscal years 2023 through 

2 2026. 

3 (12) ACTIVE CONNECTED TRANSPORTATION

4 GRANT PROGRAM.—To carry out section 1309 of this 

5 Act, $250,000,000 for each of fiscal years 2023 

6 through 2026. 

7 (13) WILDLIFE CROSSINGS PROGRAM.—To carry 

8 out section 1310 of this Act, $100,000,000 for each of 

9 fiscal years 2023 through 2026. 

10 (14) RECONNECTING NEIGHBORHOODS PRO11 GRAM.—To carry out section 1311 of this Act, 

12 $750,000,000 for each of fiscal years 2023 through 

13 2026. 

14 (15) METRO PERFORMANCE PROGRAM.—To 

15 carry out section 1305 of this Act, $250,000,000 for 

16 each of fiscal years 2023 through 2026. 

17 (16) GRIDLOCK REDUCTION GRANT PROGRAM.— 

18 To carry out section 1306 of this Act, $500,000,000 

19 for fiscal year 2023. 

20 (b) TREATMENT OF FUNDS.—Amounts made available 

21 under paragraphs (10) through (14) of subsection (a) shall 

22 be administered as if apportioned under chapter 1 of title 

23 23, United States Code. 

24 (c) DISADVANTAGED BUSINESS ENTERPRISES.— 

25 (1) FINDINGS.—Congress finds that— 


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1 (A) despite the real improvements caused by 

2 the disadvantaged business enterprise program, 

3 minority- and women-owned businesses across 

4 the country continue to confront serious and sig5 nificant obstacles to success caused by race and 

6 gender discrimination in the federally assisted 

7 surface transportation market and related mar8 kets across the United States; 

9 (B) the continuing race and gender dis10 crimination described in subparagraph (A) mer11 its the continuation of the disadvantaged busi12 ness enterprise program; 

13 (C) recently, the disparities cause by dis14 crimination against African American, His15 panic American, Asian American, Native Amer16 ican, and women business owners have been fur17 ther exacerbated by the coronavirus pandemic 

18 and its disproportionate effects on minority- and 

19 women-owned businesses across the nation; 

20 (D) Congress has received and reviewed tes21 timony and documentation of race and gender 

22 discrimination from numerous sources, including 

23 congressional hearings and other investigative 

24 activities, scientific reports, reports issued by 

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1 ernment, news reports, academic publications, 

2 reports of discrimination by organizations and 

3 individuals, and discrimination lawsuits, which 

4 continue to demonstrate that race- and gender5 neutral efforts alone are insufficient to address 

6 the problem; 

7 (E) the testimony and documentation de8 scribed in subparagraph (D) demonstrate that 

9 discrimination across the United States poses an 

10 injurious and enduring barrier to full and fair 

11 participation in surface transportation-related 

12 businesses of women business owners and minor13 ity business owners and has negatively affected 

14 firm formation, development and success in 

15 many aspects of surface transportation-related 

16 business in the public and private markets; and 

17 (F) the testimony and documentation de18 scribed in subparagraph (D) provide a clear pic19 ture of the inequality caused by discrimination 

20 that continues to plague our nation and a strong 

21 basis that there is a compelling need for the con22 tinuation of the disadvantaged business enter23 prise program to address race and gender dis24 crimination in surface transportation-related 

25 business. 


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

3 (A) SMALL BUSINESS CONCERN.—The term 

4 ‘‘small business concern’’ means a small business 

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

6 Small Business Act (15 U.S.C. 632)). 

7 (B) SOCIALLY AND ECONOMICALLY DIS8 ADVANTAGED INDIVIDUALS.—The term ‘‘socially 

9 and economically disadvantaged individuals’’ 

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

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

12 and relevant subcontracting regulations issued 

13 pursuant to that Act, except that women shall be 

14 presumed to be socially and economically dis15 advantaged individuals for purposes of this sub16 section. 

17 (3) AMOUNTS FOR SMALL BUSINESS CON18 CERNS.—Except to the extent that the Secretary of 

19 Transportation determines otherwise, not less than 10 

20 percent of the amounts made available for any pro21 gram under titles I, II, V, and VII of this division 

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

23 be expended through small business concerns owned 

24 and controlled by socially and economically disadvan25 taged individuals. 


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1 (4) ANNUAL LISTING OF DISADVANTAGED BUSI2 NESS ENTERPRISES.—Each State shall annually— 

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

4 business concerns referred to in paragraph (3) in 

5 the State, including the location of the small 

6 business concerns in the State; and 

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

8 percentage of the small business concerns that 

9 are controlled by— 

10 (i) women; 

11 (ii) socially and economically dis12 advantaged individuals (other than 

13 women); and 

14 (iii) individuals who are women and 

15 are otherwise socially and economically dis16 advantaged individuals. 

17 (5) UNIFORM CERTIFICATION.— 

18 (A) IN GENERAL.—The Secretary of Trans19 portation shall establish minimum uniform cri20 teria for use by State governments in certifying 

21 whether a concern qualifies as a small business 

22 concern for the purpose of this subsection. 

23 (B) INCLUSIONS.—The minimum uniform 

24 criteria established under subparagraph (A) shall 


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1 include, with respect to a potential small busi2 ness concern— 

3 (i) on-site visits; 

4 (ii) personal interviews with personnel; 

5 (iii) issuance or inspection of licenses; 

6 (iv) analyses of stock ownership; 

7 (v) listings of equipment; 

8 (vi) analyses of bonding capacity; 

9 (vii) listings of work completed; 

10 (viii) examination of the resumes of 

11 principal owners; 

12 (ix) analyses of financial capacity; 

13 and 

14 (x) analyses of the type of work pre15 ferred. 

16 (6) REPORTING.—The Secretary of Transpor17 tation shall establish minimum requirements for use 

18 by State governments in reporting to the Secretary— 

19 (A) information concerning disadvantaged 

20 business enterprise awards, commitments, and 

21 achievements; and 

22 (B) such other information as the Secretary 

23 determines to be appropriate for the proper mon24 itoring of the disadvantaged business enterprise 

25 program. 


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1 (7) COMPLIANCE WITH COURT ORDERS.—Noth2 ing in this subsection limits the eligibility of an indi3 vidual or entity to receive funds made available 

4 under titles I, II, V, and VII of this division and sec5 tion 403 of title 23, United States Code, if the entity 

6 or person is prevented, in whole or in part, from com7 plying with paragraph (3) because a Federal court 

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

9 requirement or the implementation of paragraph (3) 

10 is unconstitutional. 

11 (8) SENSE OF CONGRESS ON PROMPT PAYMENT

12 OF DBE SUBCONTRACTORS.—It is the sense of Con13 gress that— 

14 (A) the Secretary of Transportation should 

15 take additional steps to ensure that recipients 

16 comply with section 26.29 of title 49, Code of 

17 Federal Regulations (the disadvantaged business 

18 enterprises prompt payment rule), or any cor19 responding regulation, in awarding federally 

20 funded transportation contracts under laws and 

21 regulations administered by the Secretary; and 

22 (B) such additional steps should include in23 creasing the Department of Transportation’s 

24 ability to track and keep records of complaints 

25 and to make that information publicly available. 


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1 (9) SENSE OF CONGRESS ON FULFILLING CER2 TAIN CONTRACTS.—It is the sense of Congress that 

3 contractors participating in a federally funded trans4 portation contract with a small business concern 

5 owned and controlled by socially and economically 

6 disadvantaged individuals should ensure that the per7 centage of a contract promised to such small business 

8 concern is fulfilled, unless prior approval is obtained 

9 consistent with the regulations under part 26 of title 

10 49, Code of Federal Regulations. 

11 (d) LIMITATION ON FINANCIAL ASSISTANCE FOR

12 STATE-OWNED ENTERPRISES.— 

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

14 section may not be used in awarding or exercising an 

15 option on a previously awarded contract, a contract, 

16 subcontract, grant, or loan to an entity that is owned 

17 or controlled by, is a subsidiary of, or is otherwise re18 lated legally or financially to a corporation based in 

19 a country that— 

20 (A) is identified as a nonmarket economy 

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

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

23 the date of enactment of this Act; 

24 (B) was identified by the United States 

25 Trade Representative in the most recent report 


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1 required by section 182 of the Trade Act of 1974 

2 (19 U.S.C. 2242) as a priority foreign country 

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

4 (C) is subject to monitoring by the Trade 

5 Representative under section 306 of the Trade 

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

7 (2) EXCEPTION.—For purposes of paragraph (1), 

8 the term ‘‘otherwise related legally or financially’’ 

9 does not include a minority relationship or invest10 ment. 

11 (3) INTERNATIONAL AGREEMENTS.—This sub12 section shall be applied in a manner consistent with 

13 the obligations of the United States under inter14 national agreements. 

15 SEC. 1102. OBLIGATION LIMITATION. 

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

17 and notwithstanding any other provision of law, the obliga18 tions for Federal-aid highway and highway safety construc19 tion programs shall not exceed— 

20 (1) $66,097,092,526 for fiscal year 2023; 

21 (2) $66,570,608,070 for fiscal year 2024; 

22 (3) $67,701,550,431 for fiscal year 2025; and 

23 (4) $68,741,903,518 for fiscal year 2026. 

24 (b) EXCEPTIONS.—The limitations under subsection 

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


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

2 (2) section 147 of the Surface Transportation As3 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 

4 2714); 

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

6 1981 (95 Stat. 1701); 

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

8 Surface Transportation Assistance Act of 1982 (96 

9 Stat. 2119); 

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

11 Surface Transportation and Uniform Relocation As12 sistance Act of 1987 (101 Stat. 198); 

13 (6) sections 1103 through 1108 of the Intermodal 

14 Surface Transportation Efficiency Act of 1991 (Pub15 lic Law 102–240); 

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

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

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

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

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

21 those fiscal years); 

22 (9) Federal-aid highway programs for which ob23 ligation authority was made available under the 

24 Transportation Equity Act for the 21st Century (112 

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


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1 remain available until expended, but only to the ex2 tent that the obligation authority has not lapsed or 

3 been used; 

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

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

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

7 those fiscal years); 

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

9 118 note; 119 Stat. 1248), to the extent that funds ob10 ligated in accordance with that section were not sub11 ject to a limitation on obligations at the time at 

12 which the funds were initially made available for ob13 ligation; 

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

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

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

17 those fiscal years); 

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

19 (but, for fiscal years 2016 through 2022, only in an 

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

21 years); 

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

23 (but, for fiscal years 2023 through 2026, only in an 

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

25 years); and 


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

2 States Code (but, for fiscal years 2023 through 2026, 

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

4 those fiscal years). 

5 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—Sub6 ject to paragraph (1)(B), for each of fiscal years 2023 

7 through 2026, the Secretary of Transportation— 

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

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

10 (i) amounts authorized for administrative 

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

12 23, United States Code; 

13 (ii) amounts authorized for the Bureau of 

14 Transportation Statistics; 

15 (iii) amounts authorized for the tribal 

16 transportation program under section 202 of 

17 title 23, United States Code; and 

18 (iv) amounts authorized for the territorial 

19 and Puerto Rico highway program under section 

20 165(a) of title 23, United States Code; and 

21 (B) for each of fiscal years 2023 through 2026, 

22 in addition to the amounts described in subparagraph 

23 (A), shall not distribute obligation authority provided 

24 by subsection (a) for the fiscal year for amounts auVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 thorized for the metro performance program under 

2 section 1305 of this Act; 

3 (2) shall not distribute an amount of obligation 

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

5 the unobligated balance of amounts— 

6 (A) made available from the Highway Trust 

7 Fund (other than the Mass Transit Account) for 

8 Federal-aid highway and highway safety con9 struction programs for previous fiscal years, the 

10 funds for which are allocated by the Secretary 

11 (or apportioned by the Secretary under section 

12 202 or 204 of title 23, United States Code); and 

13 (B) for which obligation authority was pro14 vided in a previous fiscal year; 

15 (3) shall determine the proportion that— 

16 (A) the obligation authority provided by 

17 subsection (a) for the fiscal year, less the aggre18 gate of amounts not distributed under para19 graphs (1) and (2) of this subsection; bears to 

20 (B) the total of— 

21 (i) the sums authorized to be appro22 priated for the Federal-aid highway and 

23 highway safety construction programs, other 

24 than sums authorized to be appropriated 

25 for— 


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1 (I) provisions of law described in 

2 paragraphs (1) through (13) of sub3 section (b); 

4 (II) section 203 of title 23, United 

5 States Code, equal to the amount re6 ferred to in subsection (b)(14) for the 

7 fiscal year; and 

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

9 23, United States Code, equal to the 

10 amount referred to in subsection 

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

12 (ii) the aggregate of the amounts not 

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

14 this subsection; 

15 (4) shall distribute the obligation authority pro16 vided by subsection (a), less the aggregate amounts 

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

18 each of the programs (other than programs to which 

19 paragraph (1) applies) that are allocated by the Sec20 retary under this Act and title 23, United States 

21 Code, or apportioned by the Secretary under section 

22 202 or 204 of such title, by multiplying— 

23 (A) the proportion determined under para24 graph (3); by 


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1 (B) the amounts authorized to be appro2 priated for each such program for the fiscal year; 

3 and 

4 (5) shall distribute the obligation authority pro5 vided by subsection (a), less the aggregate amounts 

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

7 amounts distributed under paragraph (4), for Fed8 eral-aid highway and highway safety construction 

9 programs that are apportioned by the Secretary 

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

11 amounts apportioned for the surface transportation 

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

13 States Code, that are exempt from the limitation 

14 under subsection (b)(15) and the amounts appor15 tioned under sections 202 and 204 of such title) in the 

16 proportion that— 

17 (A) amounts authorized to be appropriated 

18 for the programs that are apportioned under title 

19 23, United States Code, to each State for the fis20 cal year; bears to 

21 (B) the total of the amounts authorized to 

22 be appropriated for the programs that are ap23 portioned under title 23, United States Code, to 

24 all States for the fiscal year. 


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1 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU2 THORITY.—Notwithstanding subsection (c), the Secretary of 

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

4 2023 through 2026— 

5 (1) revise a distribution of the obligation author6 ity made available under subsection (c) if an amount 

7 distributed cannot be obligated during that fiscal 

8 year; and 

9 (2) redistribute sufficient amounts to those States 

10 able to obligate amounts in addition to those pre11 viously distributed during that fiscal year, giving pri12 ority to those States having large unobligated bal13 ances of funds apportioned under section 104 of title 

14 23, United States Code. 

15 (e) SPECIAL LIMITATION.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), obligation limitations imposed by sub18 section (a) shall apply to contract authority for— 

19 (A) transportation research programs car20 ried out under chapter 5 of title 23, United 

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

22 (B) the metro performance program under 

23 section 1305 of this Act. 

24 (2) EXCEPTION.—Obligation authority made 

25 available under paragraph (1) shall— 


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

2 years; and 

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

4 limitation imposed on obligations for Federal5 aid highway and highway safety construction 

6 programs for future fiscal years. 

7 (f) LOP-OFF.— 

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

9 the date of distribution of obligation authority under 

10 subsection (c) for each of fiscal years 2023 through 

11 2026, the Secretary of Transportation shall distribute 

12 to the States any funds that— 

13 (A) are authorized to be appropriated for 

14 the fiscal year for Federal-aid highway pro15 grams; and 

16 (B) the Secretary determines will not be al17 located to the States (or will not be apportioned 

18 to the States under section 204 of title 23, 

19 United States Code), and will not be available 

20 for obligation, for the fiscal year because of the 

21 imposition of any obligation limitation for the 

22 fiscal year. 

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

24 paragraph (1) in the same proportion as the distribu25 tion of obligation authority under subsection (c)(5). 


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1 (3) AVAILABILITY.—Funds distributed to each 

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

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

4 States Code. 

5 SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 

6 Section 101 of title 23, United States Code, is amend7 ed— 

8 (1) in subsection (a)— 

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

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

11 (13), (14), (15), (16), (17), (18), (19), (20), (21), 

12 (22), (23), (24), (25), (26), (27), (28), (29), (30), 

13 (31), (32), (33), and (34) as paragraphs (2), (4), 

14 (5), (7), (9), (11), (12), (13), (14), (15), (17), 

15 (18), (19), (20), (21), (22), (24), (25), (26), (27), 

16 (29), (30), (33), (34), (35), (36), (37), (38), (39), 

17 (43), (44), (45), (46), and (47), respectively; 

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

19 redesignated, the following: 

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

21 means an adjustment in natural or human systems 

22 in anticipation of, or in response to, a changing envi23 ronment in a way that moderates negative effects of 

24 extreme events or climate change.’’; 


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1 (C) by inserting before paragraph (4), as so 

2 redesignated, the following: 

3 ‘‘(3) AREAS OF PERSISTENT POVERTY.—The 

4 term ‘areas of persistent poverty’ means— 

5 ‘‘(A) any county that has had 20 percent or 

6 more of the population of such county living in 

7 poverty over the past 30 years, as measured by 

8 the 1990 and 2000 decennial censuses and the 

9 most recent Small Area Income and Poverty Es10 timates; 

11 ‘‘(B) any census tract with a poverty rate 

12 of at least 20 percent, as measured by the most 

13 recent 5-year data series available from the 

14 American Community Survey of the Bureau of 

15 the Census for all States and Puerto Rico; or 

16 ‘‘(C) any other territory or possession of the 

17 United States that has had 20 percent or more 

18 of its population living in poverty over the past 

19 30 years, as measured by the 1990, 2000, and 

20 2010 decennial censuses, or equivalent data, of 

21 the Bureau of the Census.’’. 

22 (D) by inserting after paragraph (5), as so 

23 redesignated, the following: 

24 ‘‘(6) CLIMATE CHANGE.—The term ‘climate 

25 change’ means any significant change in the measures 


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

2 may include major changes in temperature, precipita3 tion, wind patterns, or sea level, among others, that 

4 occur over several decades or longer.’’; 

5 (E) in paragraph (7)(A), as so redesig6 nated, by inserting ‘‘assessing resilience,’’ after 

7 ‘‘surveying,’’; 

8 (F) by inserting after paragraph (7), as so 

9 redesignated, the following: 

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

11 The term ‘context sensitive design principles’ means 

12 principles for the design of a public road that— 

13 ‘‘(A) provides for the safe and adequate ac14 commodation, in all phases of project planning, 

15 design, and development, transportation facili16 ties for users, including pedestrians, bicyclists, 

17 public transportation users, children, older indi18 viduals, individuals with disabilities, motorists, 

19 and freight vehicles; and 

20 ‘‘(B) considers the context in which the fa21 cility is planned to be constructed to determine 

22 the appropriate facility design.’’; 

23 (G) by inserting after paragraph (9), as so 

24 redesignated, the following: 


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1 ‘‘(10) EVACUATION ROUTE.—The term ‘evacu2 ation route’ means a transportation route or system 

3 that— 

4 ‘‘(A) is used to transport— 

5 ‘‘(i) the public away from an emer6 gency event; or 

7 ‘‘(ii) first responders and recovery re8 sources in the event of an emergency; and 

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

10 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the el11 igible entity with jurisdiction over the area in 

12 which the route is located for the purposes de13 scribed in subparagraph (A).’’; 

14 (H) by inserting after paragraph (15), as so 

15 redesignated, the following: 

16 ‘‘(16) GREENHOUSE GAS.—The term ‘greenhouse 

17 gas’ has the meaning given the term in section 

18 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 

19 7545(o)(1)(G)).’’; 

20 (I) by inserting after paragraph (21), as so 

21 redesignated, the following: 

22 ‘‘(23) NATURAL INFRASTRUCTURE.— 

23 ‘‘(A) IN GENERAL.—The term ‘natural in24 frastructure’ means infrastructure that uses, reVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 stores, or emulates natural ecological processes 

2 that— 

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

4 natural physical, geological, biological, and 

5 chemical processes over time; 

6 ‘‘(ii) is created by human design, engi7 neering, and construction to emulate or act 

8 in concert with natural processes; or 

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

10 and other natural features, including 

11 through the creation, restoration, or preser12 vation of vegetated areas using materials 

13 appropriate to the region to manage 

14 stormwater and runoff, to attenuate flood15 ing and storm surges, and for other related 

16 purposes. 

17 ‘‘(B) INCLUSION.—The term ‘natural infra18 structure’ includes green infrastructure and na19 ture-based solutions.’’; 

20 (J) by inserting after paragraph (27), as so 

21 redesignated, the following: 

22 ‘‘(28) PROTECTIVE FEATURE.— 

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

24 feature’ means an improvement to a highway, 

25 bridge, or other transportation facility designed 


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1 to increase resilience or mitigate the risk of re2 curring damage or the cost of future repairs from 

3 climate change effects (including sea level rise), 

4 flooding, and extreme events or other natural 

5 disasters (including wildfires, seismic activity, 

6 and landslides). 

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

8 feature’ includes— 

9 ‘‘(i) raising roadway grades; 

10 ‘‘(ii) relocating roadways to higher 

11 ground above projected flood elevation levels 

12 or away from slide prone areas; 

13 ‘‘(iii) stabilizing slide areas; 

14 ‘‘(iv) stabilizing slopes; 

15 ‘‘(v) lengthening or raising bridges to 

16 increase waterway openings; 

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

18 drainage structures; 

19 ‘‘(vii) replacing culverts with bridges 

20 or upsizing culverts; 

21 ‘‘(viii) installing seismic retrofits on 

22 bridges; 

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

24 and other hydraulic countermeasures; 

25 ‘‘(x) the use of natural infrastructure; 


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1 ‘‘(xi) integration of the use of tradi2 tional and natural infrastructure features; 

3 ‘‘(xii) undergrounding public utilities 

4 in the course of other infrastructure im5 provements eligible under this title; and 

6 ‘‘(xiii) permeable pavements for 

7 stormwater management.’’; 

8 (K) by inserting after paragraph (30), as so 

9 redesignated, the following: 

10 ‘‘(31) REPEATEDLY DAMAGED FACILITY.—The 

11 term ‘repeatedly damaged facility’ means a road, 

12 highway, or bridge that has required repair and re13 construction activities on 2 or more occasions due to 

14 natural disasters or catastrophic failures resulting in 

15 emergencies declared by the Governor of the State in 

16 which the road, highway, or bridge is located or emer17 gencies or major disasters declared by the President 

18 under the Robert T. Stafford Disaster Relief and 

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

20 ‘‘(32) RESILIENCE.— 

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

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

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

24 to conditions; or 


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

2 rapidly from disruptions. 

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

4 with respect to a facility, the ability to— 

5 ‘‘(i) resist hazards or withstand im6 pacts from disruptions; 

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

8 or impact of a disruption; or 

9 ‘‘(iii) have the absorptive capacity, 

10 adaptive capacity, and recoverability to de11 crease vulnerability to a disruption.’’; and 

12 (L) by inserting after paragraph (36), as so 

13 redesignated, the following: 

14 ‘‘(40) TRANSPORTATION DEMAND MANAGEMENT; 

15 TDM.—The terms ‘transportation demand manage16 ment’ and ‘TDM’ mean the use of strategies to inform 

17 and encourage travelers to maximize the efficiency of 

18 a transportation system leading to improved mobil19 ity, reduced congestion, and lower vehicle emissions. 

20 ‘‘(41) TRANSPORTATION DEMAND MANAGEMENT

21 STRATEGIES.—The term ‘transportation demand 

22 management strategies’ means the use of planning, 

23 programs, policy, marketing, communications, incen24 tives, pricing, data, and technology to shift travel 

25 mode, routes used, departure times, number of trips, 


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1 and location and design work space or public attrac2 tions. 

3 ‘‘(42) TRANSPORTATION SYSTEM ACCESS.—The 

4 term ‘transportation system access’ means the ability 

5 to travel by automobile, public transportation, pedes6 trian, and bicycle networks, measured by travel time, 

7 taking into consideration— 

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

9 for non-motorized users; 

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

11 ‘‘(C) the extent to which transportation ac12 cess is impacted by zoning policies and land use 

13 planning practices that effect the affordability, 

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

15 and 

16 (2) in subsection (b)— 

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

18 and inserting ‘‘Defense Highways,’’; 

19 (B) in paragraph (3)— 

20 (i) in subparagraph (A) by striking 

21 ‘‘Century’’ and inserting ‘‘century’’; 

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

23 and’’ and inserting a semicolon; 

24 (iii) in subparagraph (H) by striking 

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


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

2 ‘‘(I) safety is the highest priority of the De3 partment of Transportation, and the Secretary 

4 and States should take all actions necessary to 

5 meet the transportation needs of the 21st century 

6 for all road users; 

7 ‘‘(J) climate change presents a significant 

8 risk to safety, the economy, and national secu9 rity, and reducing the contributions of the trans10 portation system to the Nation’s total carbon 

11 pollution is critical; and 

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

13 appropriate measures and ensure investments to 

14 increase the resilience of the Nation’s transpor15 tation system.’’; and 

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

17 ‘‘while ensuring that environmental protections 

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

19 SEC. 1104. APPORTIONMENT. 

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

21 States Code, is amended— 

22 (1) in subsection (a)(1) by striking subpara23 graphs (A) through (E) and inserting the following: 

24 ‘‘(A) $530,000,000 for fiscal year 2023; 

25 ‘‘(B) $543,000,000 for fiscal year 2024; 


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1 ‘‘(C) $557,000,000 for fiscal year 2025; and 

2 ‘‘(D) $572,000,000 for fiscal year 2026.’’; 

3 (2) by striking subsections (b) and (c) and in4 serting the following: 

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

6 OF BASE APPORTIONMENT.—The Secretary shall distribute 

7 the amount of the base apportionment apportioned to a 

8 State for a fiscal year under subsection (c) among the cov9 ered programs as follows: 

10 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO11 GRAM.—For the national highway performance pro12 gram, 55.09 percent of the amount remaining after 

13 distributing amounts under paragraphs (4), (6), (7), 

14 and (10). 

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

16 the surface transportation program, 28.43 percent of 

17 the amount remaining after distributing amounts 

18 under paragraphs (4), (6), (7), and (10). 

19 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO20 GRAM.—For the highway safety improvement pro21 gram, 6.19 percent of the amount remaining after 

22 distributing amounts under paragraphs (4), (6), (7), 

23 and (10). 

24 ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY

25 IMPROVEMENT PROGRAM.— 


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

2 mitigation and air quality improvement pro3 gram, an amount determined for the State under 

4 subparagraphs (B) and (C). 

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

6 for the congestion mitigation and air quality im7 provement program for all States shall be— 

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

9 2023; 

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

11 2024; 

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

13 2025; and 

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

15 2026. 

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

17 the Secretary shall distribute among the States 

18 the amount for the congestion mitigation and air 

19 quality improvement program under subpara20 graph (B) so that each State receives an amount 

21 equal to the proportion that— 

22 ‘‘(i) the amount apportioned to the 

23 State for the congestion mitigation and air 

24 quality improvement program for fiscal 

25 year 2020; bears to 


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1 ‘‘(ii) the total amount of funds appor2 tioned to all States for such program for fis3 cal year 2020. 

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

5 For the national highway freight program, 3.38 per6 cent of the amount remaining after distributing 

7 amounts under paragraphs (4), (6), (7), and (10). 

8 ‘‘(6) METROPOLITAN PLANNING.— 

9 ‘‘(A) IN GENERAL.—For metropolitan plan10 ning, an amount determined for the State under 

11 subparagraphs (B) and (C). 

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

13 for metropolitan planning for all States shall 

14 be— 

15 ‘‘(i) $507,500,000 for fiscal year 2023; 

16 ‘‘(ii) $516,381,250 for fiscal year 2024; 

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

18 2025; and 

19 ‘‘(iv) $536,189,635 for fiscal year 2026. 

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

21 the Secretary shall distribute among the States 

22 the amount for metropolitan planning under 

23 subparagraph (B) so that each State receives an 

24 amount equal to the proportion that— 


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1 ‘‘(i) the amount apportioned to the 

2 State for metropolitan planning for fiscal 

3 year 2020; bears to 

4 ‘‘(ii) the total amount of funds appor5 tioned to all States for metropolitan plan6 ning for fiscal year 2020. 

7 ‘‘(7) RAILWAY CROSSINGS.— 

8 ‘‘(A) IN GENERAL.—For the railway cross9 ings program, an amount determined for the 

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

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

12 for the railway crossings program for all States 

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

14 2023 through 2026. 

15 ‘‘(C) STATE SHARE.— 

16 ‘‘(i) IN GENERAL.—For each fiscal 

17 year, the Secretary shall distribute among 

18 the States the amount for the railway cross19 ings program under subparagraph (B) as 

20 follows: 

21 ‘‘(I) 50 percent of the amount for 

22 a fiscal year shall be apportioned to 

23 States by the formula set forth in sec24 tion 104(b)(3)(A) (as in effect on the 


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1 day before the date of enactment of 

2 MAP–21). 

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

4 a fiscal year shall be apportioned to 

5 States in the ratio that total public 

6 railway-highway crossings in each 

7 State bears to the total of such cross8 ings in all States. 

9 ‘‘(ii) MINIMUM APPORTIONMENT.—Not10 withstanding clause (i), for each fiscal year, 

11 each State shall receive a minimum of one12 half of 1 percent of the total amount for the 

13 railway crossings program for such fiscal 

14 year under subparagraph (B). 

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

16 the predisaster mitigation program, 2.96 percent of 

17 the amount remaining after distributing amounts 

18 under paragraphs (4), (6), (7), and (10). 

19 ‘‘(9) CARBON POLLUTION REDUCTION PRO20 GRAM.—For the carbon pollution reduction program, 

21 3.95 percent of the amount remaining after distrib22 uting amounts under paragraphs (4), (6), (7), and 

23 (10). 

24 ‘‘(10) CLEAN CORRIDORS.— 


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1 ‘‘(A) IN GENERAL.—For the clean corridors 

2 program, an amount determined for the State 

3 under subparagraphs (B) and (C). 

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

5 for the clean corridors program for all States 

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

7 2023 through 2026. 

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

9 the Secretary shall distribute among the States 

10 the total amount for the clean corridors program 

11 under subparagraph (B) so that each State re12 ceives the amount equal to the proportion that— 

13 ‘‘(i) the total base apportionment de14 termined for the State under subsection (c); 

15 bears to 

16 ‘‘(ii) the total base apportionments for 

17 all States under subsection (c). 

18 ‘‘(c) CALCULATION OF AMOUNTS.— 

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

20 2023 through 2026, the amount for each State shall 

21 be determined as follows: 

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

23 amounts for each State shall be determined by 

24 multiplying— 

25 ‘‘(i) each of— 


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1 ‘‘(I) the base apportionment; and 

2 ‘‘(II) supplemental funds reserved 

3 under subsection (h)(1) for the highway 

4 safety improvement program; by 

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

6 shall be equal to the proportion that— 

7 ‘‘(I) the amount of apportion8 ments that the State received for fiscal 

9 year 2020; bears to 

10 ‘‘(II) the amount of those appor11 tionments received by all States for fis12 cal year 2020. 

13 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The ini14 tial amounts resulting from the calculation 

15 under subparagraph (A) shall be adjusted to en16 sure that each State receives an aggregate appor17 tionment equal to at least 95 percent of the esti18 mated tax payments attributable to highway 

19 users in the State paid into the Highway Trust 

20 Fund (other than the Mass Transit Account) in 

21 the most recent fiscal year for which data are 

22 available. 

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

24 fiscal years 2023 through 2026, the Secretary shall 

25 apportion the sums authorized to be appropriated for 


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1 expenditure on the covered programs in accordance 

2 with paragraph (1).’’; 

3 (3) in subsection (d)(1)(A)— 

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

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

6 ‘‘subsection (b)(6)’’; and 

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

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

9 ‘‘subsection (b)(6)’’; and 

10 (4) by striking subsections (h) and (i) and in11 serting the following: 

12 ‘‘(h) SUPPLEMENTAL FUNDS.— 

13 ‘‘(1) AMOUNT.—Before making an apportion14 ment for a fiscal year under subsection (c), the Sec15 retary shall reserve for the highway safety improve16 ment program under section 148 $500,000,000 for 

17 each of fiscal years 2023 through 2026 for the purpose 

18 of the safe streets set-aside under section 148(m). 

19 ‘‘(2) TREATMENT OF FUNDS.—Funds reserved 

20 under paragraph (1) and apportioned to a State 

21 under subsection (c) shall be treated as if apportioned 

22 under subsection (b)(3), and shall be in addition to 

23 amounts apportioned under such subsection. 

24 ‘‘(i) DEFINITIONS.—In this section: 


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1 ‘‘(1) BASE APPORTIONMENT.—The term ‘base ap2 portionment’ means— 

3 ‘‘(A) the combined amount authorized for 

4 the covered programs; minus 

5 ‘‘(B) the supplemental funds reserved under 

6 subsection (h) for the highway safety improve7 ment program. 

8 ‘‘(2) COVERED PROGRAMS.—The term ‘covered 

9 programs’ means— 

10 ‘‘(A) the national highway performance 

11 program under section 119; 

12 ‘‘(B) the surface transportation program 

13 under section 133; 

14 ‘‘(C) the highway safety improvement pro15 gram under section 148; 

16 ‘‘(D) the congestion mitigation and air 

17 quality improvement program under section 149; 

18 ‘‘(E) the national highway freight program 

19 under section 167; 

20 ‘‘(F) metropolitan planning under section 

21 134; 

22 ‘‘(G) the railway crossings program under 

23 section 130; 

24 ‘‘(H) the predisaster mitigation program 

25 under section 124; 


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1 ‘‘(I) the carbon pollution reduction program 

2 under section 171; and 

3 ‘‘(J) the clean corridors program under sec4 tion 151.’’. 

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

6 title 23, United States Code, is amended— 

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

8 and 

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

10 (c) METROPOLITAN TRANSPORTATION PLANNING; 

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

12 is amended by striking ‘‘paragraphs (5)(D) and (6) of sec13 tion 104(b)’’ and inserting ‘‘section 104(b)(6)’’. 

14 (d) STATEWIDE AND NONMETROPOLITAN TRANSPOR15 TATION PLANNING.—Section 135(i) of title 23, United 

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

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

18 104(b)(6)’’. 

19 (e) METROPOLITAN TRANSPORTATION PLANNING; 

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

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

22 ‘‘section 104(b)(6)’’. 


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1 SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 

2 FUND. 

3 Section 105 of title 23, United States Code, is amend4 ed— 

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

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

7 (2) in subsection (c)— 

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

9 appropriated’’ each place it appears; and 

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

11 ‘‘(4) SPECIAL RULE.— 

12 ‘‘(A) ADJUSTMENT.—In making an adjust13 ment under paragraph (1) for an allocation, res14 ervation, or set-aside from an amount authorized 

15 from the Highway Account or Mass Transit Ac16 count described in subparagraph (B), the Sec17 retary shall— 

18 ‘‘(i) determine the ratio that— 

19 ‘‘(I) the amount authorized to be 

20 appropriated for the allocation, res21 ervation, or set-aside from the account 

22 for the fiscal year; bears to 

23 ‘‘(II) the total amount authorized 

24 to be appropriated for such fiscal year 

25 for all programs under such account; 


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1 ‘‘(ii) multiply the ratio determined 

2 under clause (i) by the amount of the ad3 justment determined under subsection 

4 (b)(1)(B); and 

5 ‘‘(iii) adjust the amount that the Sec6 retary would have allocated for the alloca7 tion, reservation, or set-aside for such fiscal 

8 year but for this section by the amount cal9 culated under clause (ii). 

10 ‘‘(B) ALLOCATIONS, RESERVATIONS, AND

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

12 set-asides described in this subparagraph are— 

13 ‘‘(i) from the amount made available 

14 for a fiscal year for the Federal lands trans15 portation program under section 203, the 

16 amounts allocated for a fiscal year for the 

17 National Park Service, the United States 

18 Fish and Wildlife Service, the United States 

19 Forest Service, the Corps of Engineers, the 

20 Bureau of Land Management, the Bureau 

21 of Reclamation, and independent Federal 

22 agencies with natural resource and land 

23 management responsibilities; 


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1 ‘‘(ii) the amount made available for 

2 the Puerto Rico highway program under 

3 section 165(a)(1); 

4 ‘‘(iii) the amount made available for 

5 the territorial highway program under sec6 tion 165(a)(2); 

7 ‘‘(iv) from the amounts made available 

8 for a fiscal year for the urbanized areas for9 mula grants under section 5307 of title 49, 

10 the amounts allocated for a fiscal year for 

11 the passenger ferry grant program under 

12 section 5307(h) of such title; 

13 ‘‘(v) from the amounts made available 

14 for a fiscal year for the formula grants for 

15 rural areas under section 5311 of such title, 

16 the amounts allocated for a fiscal year for 

17 public transportation on Indian reserva18 tions; 

19 ‘‘(vi) from the amounts made available 

20 for a fiscal year for the public transpor21 tation innovation program under section 

22 5312 of such title— 

23 ‘‘(I) the amounts allocated for the 

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1 ment under section 5312(h) of such 

2 title; and 

3 ‘‘(II) the amounts allocated for the 

4 transit cooperative research program 

5 under section 5312(i) of such title; 

6 ‘‘(vii) from the amounts made avail7 able for a fiscal year for the technical assist8 ance and workforce development program of 

9 section 5314 of such title, the amounts allo10 cated for the national transit institute 

11 under section 5314(c) of such title; 

12 ‘‘(viii) from the amounts made avail13 able for a fiscal year for the bus and bus fa14 cilities program under section 5339 of such 

15 title, the amounts allocated for a fiscal year 

16 for the zero emission grants under section 

17 5339(c) of such title; 

18 ‘‘(ix) the amounts made available for 

19 growing States under section 5340(c) of 

20 such title; and 

21 ‘‘(x) the amounts made available for 

22 high density states under section 5340(d) of 

23 such title.’’; 

24 (3) in subsection (d) by inserting ‘‘and section 

25 5324 of title 49’’ after ‘‘section 125’’; 


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1 (4) in subsection (e)— 

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

3 inserting ‘‘For fiscal year 2023 and each fiscal 

4 year thereafter, there is authorized’’; and 

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

6 2017 through 2020’’; and 

7 (5) in subsection (f)(1) by striking ‘‘section 1102 

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

9 provision of law’’. 

10 SEC. 1106. TRANSPARENCY. 

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

12 States Code, is amended by striking subsection (g) and in13 serting the following: 

14 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND AC15 COUNTABILITY REPORTS.— 

16 ‘‘(1) REQUIREMENT.— 

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

18 compile data in accordance with this subsection 

19 on the use of Federal-aid highway funds made 

20 available under this title. 

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

22 compiled under subparagraph (A) shall be in a 

23 user friendly format that can be searched, 

24 downloaded, disaggregated, and filtered by data 

25 category. 


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1 ‘‘(2) PROJECT DATA.— 

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

3 days after the end of each fiscal year, the Sec4 retary shall make available on the website of the 

5 Department of Transportation a report that de6 scribes— 

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

8 within each State during such fiscal year, 

9 including in which congressional district or 

10 districts such project is located; 

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

12 ‘‘(iii) the amount of Federal funding 

13 obligated for such project; 

14 ‘‘(iv) the program or programs from 

15 which Federal funds have been obligated for 

16 such project; 

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

18 an area of the State with a population of— 

19 ‘‘(I) less than 5,000 individuals; 

20 ‘‘(II) 5,000 or more individuals 

21 but less than 50,000 individuals; 

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

23 but less than 200,001 individuals; or 

24 ‘‘(IV) greater than 200,000 indi25 viduals; 


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

2 an area of persistent poverty; 

3 ‘‘(vii) the type of improvement being 

4 made by such project, including catego5 rizing such project as— 

6 ‘‘(I) a road reconstruction project; 

7 ‘‘(II) a new road construction 

8 project; 

9 ‘‘(III) a new bridge construction 

10 project; 

11 ‘‘(IV) a bridge rehabilitation 

12 project; or 

13 ‘‘(V) a bridge replacement project; 

14 and 

15 ‘‘(viii) the functional classification of 

16 the roadway on which such project is lo17 cated. 

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

19 data made available under subparagraph (A), 

20 the Secretary shall make available on the website 

21 of the Department of Transportation an inter22 active map that displays, for each active project, 

23 the information described in clauses (i) through 

24 (v) of subparagraph (A). 

25 ‘‘(3) STATE DATA.— 


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1 ‘‘(A) APPORTIONED AND ALLOCATED PRO2 GRAMS.—The website described in paragraph 

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

4 Federal-aid highway funds apportioned and allo5 cated to each State under this title, including— 

6 ‘‘(i) the amount of funding available 

7 for obligation by the State, including prior 

8 unobligated balances, at the start of the fis9 cal year; 

10 ‘‘(ii) the amount of funding obligated 

11 by the State during such fiscal year; 

12 ‘‘(iii) the amount of funding remain13 ing available for obligation by the State at 

14 the end of such fiscal year; and 

15 ‘‘(iv) changes in the obligated, unex16 pended balance for the State. 

17 ‘‘(B) PROGRAMMATIC DATA.—The data de18 scribed in subparagraph (A) shall include— 

19 ‘‘(i) the amount of funding by each ap20 portioned and allocated program for which 

21 the State received funding under this title; 

22 ‘‘(ii) the amount of funding transferred 

23 between programs by the State during the 

24 fiscal year using the authority provided 

25 under section 126; and 


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1 ‘‘(iii) the amount and program cat2 egory of Federal funds exchanged as de3 scribed in section 106(g)(6). 

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

5 ‘‘(A) ACTIVE PROJECT.— 

6 ‘‘(i) IN GENERAL.—The term ‘active 

7 project’ means a Federal-aid highway 

8 project using funds made available under 

9 this title on which those funds were obli10 gated or expended during the fiscal year for 

11 which the estimated total cost as of the start 

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

13 ‘‘(ii) EXCLUSION.—The term ‘active 

14 project’ does not include any project for 

15 which funds are transferred to agencies 

16 other than the Federal Highway Adminis17 tration. 

18 ‘‘(B) INTERACTIVE MAP.—The term ‘inter19 active map’ means a map displayed on the pub20 lic website of the Department of Transportation 

21 that allows a user to select and view information 

22 for each active project, State, and congressional 

23 district. 

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

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


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1 (b) PROJECT APPROVAL AND OVERSIGHT.—Section 

2 106 of title 23, United States Code, is amended— 

3 (1) in subsection (g)— 

4 (A) in paragraph (4) by striking subpara5 graph (B) and inserting the following: 

6 ‘‘(B) ASSISTANCE TO STATES.—The Sec7 retary shall— 

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

9 make the determination required under sub10 paragraph (A); and 

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

12 other assistance to States and subrecipients 

13 as needed to ensure that projects adminis14 tered by subrecipients comply with the re15 quirements of this title. 

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

17 shall review, not less frequently than every 2 

18 years, the monitoring of subrecipients by the 

19 States.’’; and 

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

21 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO22 GRAMS.— 

23 ‘‘(A) IN GENERAL.—If a State allows a sub24 recipient to exchange Federal funds provided 

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1 recipient for State or local funds, the State must 

2 certify to the Secretary that the State— 

3 ‘‘(i) has prevailing wage requirements 

4 that are comparable to the requirements 

5 under section 113 that apply to the use of 

6 such State or local funds; and 

7 ‘‘(ii) shall ensure that the prevailing 

8 wage requirements described in clause (i) 

9 apply to the use of such State or local 

10 funds. 

11 ‘‘(B) APPLICABILITY.—The requirements of 

12 this paragraph shall apply only if the require13 ments of section 113 would be applicable to a 

14 covered project if such project was carried out 

15 using Federal funds. 

16 ‘‘(C) COVERED PROJECT DEFINED.—In this 

17 paragraph, the term ‘covered project’ means a 

18 project carried out with exchanged State or local 

19 funds as described in subparagraph (A).’’; 

20 (2) in subsection (h)(3)— 

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

22 determined by the Secretary,’’; and 

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

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

25 proposed to be advanced as a public-private 


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1 partnership, shall include a detailed value for 

2 money analysis or comparable analysis to deter3 mine’’; and 

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

5 ‘‘(k) MEGAPROJECTS.— 

6 ‘‘(1) COMPREHENSIVE RISK MANAGEMENT

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

8 megaproject, the recipient of Federal financial assist9 ance under this title for such megaproject shall submit 

10 to the Secretary a comprehensive risk management 

11 plan that contains— 

12 ‘‘(A) a description of the process by which 

13 the recipient will identify, quantify, and monitor 

14 the risks, including natural hazards, that might 

15 result in cost overruns, project delays, reduced 

16 construction quality, or reductions in benefits 

17 with respect to the megaproject; 

18 ‘‘(B) examples of mechanisms the recipient 

19 will use to track risks identified pursuant to sub20 paragraph (A); 

21 ‘‘(C) a plan to control such risks; and 

22 ‘‘(D) such assurances as the Secretary deter23 mines appropriate that the recipient shall, with 

24 respect to the megaproject— 


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1 ‘‘(i) regularly submit to the Secretary 

2 updated cost estimates; and 

3 ‘‘(ii) maintain and regularly reassess 

4 financial reserves for addressing known and 

5 unknown risks. 

6 ‘‘(2) PEER REVIEW GROUP.— 

7 ‘‘(A) IN GENERAL.—Not later than 90 days 

8 after the date on which a megaproject is author9 ized for construction, the recipient of Federal fi10 nancial assistance under this title for such 

11 megaproject shall establish a peer review group 

12 for such megaproject that consists of at least 5 

13 individuals (including at least 1 individual with 

14 project management experience) to give expert 

15 advice on the scientific, technical, and project 

16 management aspects of the megaproject. 

17 ‘‘(B) MEMBERSHIP.— 

18 ‘‘(i) IN GENERAL.—Not later than 180 

19 days after the date of enactment of this sub20 section, the Secretary shall establish guide21 lines describing how a recipient described in 

22 subparagraph (A) shall— 

23 ‘‘(I) recruit and select members 

24 for a peer review group established 

25 under such subparagraph; and 


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1 ‘‘(II) make publicly available the 

2 criteria for such selection and identify 

3 the members so selected. 

4 ‘‘(ii) CONFLICT OF INTEREST.—No 

5 member of a peer review group for a 

6 megaproject may have a direct or indirect 

7 financial interest in such megaproject. 

8 ‘‘(C) TASKS.—A peer review group estab9 lished under subparagraph (A) by a recipient of 

10 Federal financial assistance for a megaproject 

11 shall— 

12 ‘‘(i) meet annually until completion of 

13 the megaproject; 

14 ‘‘(ii) not later than 90 days after the 

15 date of the establishment of the peer review 

16 group and not later than 90 days after the 

17 date of any significant change, as deter18 mined by the Secretary, to the scope, sched19 ule, or budget of the megaproject, review the 

20 scope, schedule, and budget of the 

21 megaproject, including planning, engineer22 ing, financing, and any other elements de23 termined appropriate by the Secretary; and 


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1 ‘‘(iii) submit to the Secretary, Con2 gress, and such recipient a report on the 

3 findings of each review under clause (ii). 

4 ‘‘(3) TRANSPARENCY.—Not later than 90 days 

5 after the submission of a report under paragraph 

6 (2)(C)(iii), the Secretary shall publish on the website 

7 of the Department of Transportation such report. 

8 ‘‘(4) MEGAPROJECT DEFINED.—In this sub9 section, the term ‘megaproject’ means a project under 

10 this title that has an estimated total cost of 

11 $2,000,000,000 or more, and such other projects as 

12 may be identified by the Secretary. 

13 ‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— 

14 ‘‘(1) PUBLIC AVAILABILITY.—The Secretary shall 

15 publish on the website of the Department of Transpor16 tation a copy of all letters of interest, proposals, 

17 workplans, and reports related to the special experi18 mental project authority pursuant to section 502(b). 

19 The Secretary shall redact confidential business infor20 mation, as necessary, from any such information 

21 published. 

22 ‘‘(2) NOTIFICATION.—Not later than 3 days be23 fore making a determination to proceed with an ex24 periment under a letter of interest described in para25 graph (1), the Secretary shall provide notification 


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1 and a description of the proposed experiment to the 

2 Committee on Transportation and Infrastructure of 

3 the House of Representatives and the Committee on 

4 Environment and Public Works of the Senate. 

5 ‘‘(3) REPORT TO CONGRESS.—Not later than 2 

6 years after the date of enactment of the INVEST in 

7 America Act, the Secretary shall submit to the Com8 mittee on Transportation and Infrastructure of the 

9 House of Representatives and the Committee on Envi10 ronment and Public Works of the Senate a report that 

11 includes— 

12 ‘‘(A) a summary of each experiment de13 scribed in this subsection carried out over the 

14 previous 5 years; and 

15 ‘‘(B) legislative recommendations, if any, 

16 based on the findings of such experiments. 

17 ‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT AND

18 ACCOUNTABILITY.— 

19 ‘‘(1) IN GENERAL.—To ensure the accountability 

20 and oversight of the discretionary grant selection 

21 process administered by the Secretary, a covered pro22 gram shall be subject to the requirements of this sec23 tion, in addition to the requirements applicable to 

24 each covered program. 


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1 ‘‘(2) APPLICATION PROCESS.—The Secretary 

2 shall— 

3 ‘‘(A) develop a template for applicants to 

4 use to summarize— 

5 ‘‘(i) project needs and benefits; and 

6 ‘‘(ii) any factors, requirements, or con7 siderations established for the applicable 

8 covered program; 

9 ‘‘(B) create a data driven process to evalu10 ate, as set forth in the covered program, each eli11 gible project for which an application is received; 

12 and 

13 ‘‘(C) make a determination, based on the 

14 evaluation made pursuant to subparagraph (B), 

15 on any ratings, rankings, scores, or similar 

16 metrics for applications made to the covered pro17 gram. 

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

19 15 days before making a grant for a covered program, 

20 the Secretary shall notify, in writing, the Committee 

21 on Transportation and Infrastructure of the House of 

22 Representatives and the Committee on the Environ23 ment and Public Works of the Senate of— 

24 ‘‘(A) the amount for each project proposed 

25 to be selected; 


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1 ‘‘(B) a description of the review process; 

2 ‘‘(C) for each application, the determination 

3 made under paragraph (2)(C); and 

4 ‘‘(D) a detailed explanation of the basis for 

5 each award proposed to be selected. 

6 ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later 

7 than 30 days after making a grant for a project 

8 under a covered program, the Secretary shall send to 

9 all applicants under such covered program, and pub10 lish on the website of the Department of Transpor11 tation— 

12 ‘‘(A) a summary of each application made 

13 to the covered program for the given round of 

14 funding; and 

15 ‘‘(B) the evaluation and justification for the 

16 project selection, including all ratings, rankings, 

17 scores, or similar metrics for applications made 

18 to the covered program for the given round of 

19 funding during each phase of the grant selection 

20 process. 

21 ‘‘(5) BRIEFING.—The Secretary shall provide, at 

22 the request of a grant applicant of a covered program, 

23 the opportunity to receive a briefing to explain any 

24 reasons the grant applicant was not awarded a grant. 


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1 ‘‘(6) TEMPLATE.—The Secretary shall, to the ex2 tent practicable, develop a template as described in 

3 paragraph (2)(A) for any discretionary program ad4 ministered by the Secretary that is not a covered pro5 gram. 

6 ‘‘(7) COVERED PROGRAM DEFINED.—The term 

7 ‘covered program’ means each of the following discre8 tionary grant programs: 

9 ‘‘(A) Community climate innovation grants 

10 under section 172. 

11 ‘‘(B) Federal lands and tribal major 

12 projects grants under section 208. 

13 ‘‘(C) Mobility through advanced technologies 

14 grants under section 503(c)(4). 

15 ‘‘(D) Rebuild rural bridges program under 

16 section 1307 of the INVEST in America Act. 

17 ‘‘(E) Parking for commercial motor vehicle 

18 grants under section 1308 of the INVEST in 

19 America Act. 

20 ‘‘(F) Active connected transportation grants 

21 under section 1309 of the INVEST in America 

22 Act. 

23 ‘‘(G) Wildlife crossings grants under section 

24 1310 of the INVEST in America Act. 


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1 ‘‘(H) Reconnecting neighborhoods capital 

2 construction grants under section 1311(d) of the 

3 INVEST in America Act.’’. 

4 (c) DIVISION OFFICE CONSISTENCY.—Not later than 

5 1 year after the date of enactment of this Act, the Comp6 troller General of the United States shall submit to Congress 

7 a report that— 

8 (1) analyzes the consistency of determinations 

9 among division offices of the Federal Highway Ad10 ministration; and 

11 (2) makes recommendations to improve the con12 sistency of such determinations. 

13 (d) IMPROVING RISK BASED STEWARDSHIP AND

14 OVERSIGHT.—Not later than 180 days after the date of en15 actment of this Act, the Administrator of the Federal High16 way Administration shall reference U.S. DOT Office of In17 spector General Report No. ST2020035 and take the fol18 lowing actions, as necessary, to improve the risk based stew19 ardship and oversight of the Federal Highway Administra20 tion: 

21 (1) Update and implement Federal Highway 

22 Administration guidance for risk-based project in23 volvement to clarify the requirements for its project 

24 risk-assessment process, including expectations for 


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1 conducting and documenting the risk assessment and 

2 criteria to guide the reevaluation of project risks. 

3 (2) Identify and notify division offices of the 

4 Federal Highway Administration about sources of in5 formation that can inform the project risk-assessment 

6 process. 

7 (3) Update and implement Federal Highway 

8 Administration guidance for risk-based project in9 volvement to clarify how the link between elevated 

10 risks and associated oversight activities, changes to 

11 oversight actions, and the results of its risk-based in12 volvement should be documented in project oversight 

13 plans. 

14 (4) Develop and implement a process to rou15 tinely monitor the implementation and evaluate the 

16 effectiveness of Federal Highway Administration risk17 based project involvement. 

18 SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET 

19 DESIGN. 

20 (a) STANDARDS.—Section 109 of title 23, United 

21 States Code, is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (1) by striking ‘‘planned 

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1 ational performance of the facility in a manner 

2 that enhances’’; and 

3 (B) in paragraph (2) by inserting ‘‘, taking 

4 into consideration context sensitive design prin5 ciples’’ after ‘‘each locality’’; 

6 (2) in subsection (b)— 

7 (A) by striking ‘‘The geometric’’ and insert8 ing ‘‘DESIGN CRITERIA FOR THE INTERSTATE

9 SYSTEM.—The geometric’’; and 

10 (B) by striking ‘‘the types and volumes of 

11 traffic anticipated for such project for the twen12 ty-year period commencing on the date of ap13 proval by the Secretary, under section 106 of this 

14 title, of the plans, specifications, and estimates 

15 for actual construction of such project’’ and in16 serting ‘‘the existing and future operational per17 formance of the facility’’; 

18 (3) in subsection (c)(1)— 

19 (A) in subparagraph (C) by striking ‘‘; 

20 and’’ and inserting a semicolon; 

21 (B) in subparagraph (D) by striking the pe22 riod and inserting ‘‘; and’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(E) context sensitive design principles.’’; 


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1 (4) by striking subsection (o) and inserting the 

2 following: 

3 ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON-NHS 

4 PROJECTS.— 

5 ‘‘(1) IN GENERAL.—Projects (other than highway 

6 projects on the National Highway System) shall— 

7 ‘‘(A) be designed, constructed, operated, and 

8 maintained in accordance with State laws, regu9 lations, directives, safety standards, design 

10 standards, and construction standards; and 

11 ‘‘(B) take into consideration context sen12 sitive design principles. 

13 ‘‘(2) DESIGN FLEXIBILITY.— 

14 ‘‘(A) IN GENERAL.— 

15 ‘‘(i) IN GENERAL.—A local jurisdiction 

16 may select the most appropriate design pub17 lication for the roadway context in which 

18 the local jurisdiction is located for the de19 sign of a project on a roadway (other than 

20 a highway on the National Highway Sys21 tem) if— 

22 ‘‘(I) the local jurisdiction provides 

23 notification and justification of the use 

24 of such design publication to any State 

25 in which the project is located; and 


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1 ‘‘(II) the design complies with all 

2 other applicable Federal and State 

3 laws. 

4 ‘‘(ii) REVIEW.—If a State rejects a 

5 local jurisdiction’s selection of a design pub6 lication under this subparagraph, the local 

7 jurisdiction may submit notification and 

8 justification of such use to the Secretary. 

9 The Secretary shall make a determination 

10 to approve or deny such submission not 

11 later than 90 days after receiving such sub12 mission. 

13 ‘‘(B) STATE-OWNED ROADS.—In the case of 

14 a roadway under the ownership of the State, the 

15 local jurisdiction may select the most appro16 priate design publication only with the concur17 rence of the State. 

18 ‘‘(C) PROGRAMMATIC BASIS.—The Secretary 

19 may consider the use of a design publication 

20 under this paragraph on a programmatic 

21 basis.’’; and 

22 (5) by adding at the end the following: 

23 ‘‘(s) CONTEXT SENSITIVE DESIGN.— 

24 ‘‘(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.— 

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1 cials prior to approving any roadway design publica2 tions under this section to ensure that the design pub3 lications provide adequate flexibility for a project 

4 sponsor to select the appropriate design of a roadway, 

5 consistent with context sensitive design principles. 

6 ‘‘(2) POLICIES OR PROCEDURES.— 

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

8 after the Secretary publishes the final guidance 

9 described in paragraph (3), each State shall 

10 adopt policies or procedures to evaluate the con11 text of a proposed roadway and select the appro12 priate design, consistent with context sensitive 

13 design principles. 

14 ‘‘(B) LOCAL GOVERNMENTS.—The Secretary 

15 and States shall encourage local governments to 

16 adopt policies or procedures described under sub17 paragraph (A). 

18 ‘‘(C) CONSIDERATIONS.—The policies or 

19 procedures developed under this paragraph shall 

20 take into consideration the guidance developed 

21 by the Secretary under paragraph (3). 

22 ‘‘(3) GUIDANCE.— 

23 ‘‘(A) IN GENERAL.— 

24 ‘‘(i) NOTICE.—Not later than 1 year 

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1 section, the Secretary shall publish guidance 

2 on the official website of the Department of 

3 Transportation on context sensitive design. 

4 ‘‘(ii) PUBLIC REVIEW AND COMMENT.— 

5 The guidance described in this paragraph 

6 shall be finalized following an opportunity 

7 for public review and comment. 

8 ‘‘(iii) UPDATE.—The Secretary shall 

9 periodically update the guidance described 

10 in this paragraph, including the model poli11 cies or procedures described under subpara12 graph (B)(v). 

13 ‘‘(B) CONTENTS.—The guidance described 

14 in this paragraph shall— 

15 ‘‘(i) provide best practices for States, 

16 metropolitan planning organizations, re17 gional transportation planning organiza18 tions, local governments, or other project 

19 sponsors to implement context sensitive de20 sign principles; 

21 ‘‘(ii) identify opportunities to modify 

22 planning, scoping, design, and development 

23 procedures to more effectively combine 

24 modes of transportation into integrated fa25 cilities that meet the needs of each of such 


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1 modes of transportation in an appropriate 

2 balance; 

3 ‘‘(iii) identify metrics to assess the 

4 context of the facility, including sur5 rounding land use or roadside characteris6 tics; 

7 ‘‘(iv) assess the expected operational 

8 and safety performance of facility design; 

9 and 

10 ‘‘(v) establish model policies or proce11 dures, consistent with the findings of such 

12 guidance, for a State or other project spon13 sor to evaluate the context of a proposed fa14 cility and select the appropriate facility de15 sign for the context. 

16 ‘‘(C) TOPICS OF EMPHASIS.—In addition to 

17 the contents in subparagraph (B), the guidance 

18 shall emphasize— 

19 ‘‘(i) procedures for identifying the 

20 needs of users of all ages and abilities of a 

21 particular roadway; 

22 ‘‘(ii) procedures for identifying the 

23 types and designs of facilities needed to 

24 serve various modes of transportation; 


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1 ‘‘(iii) safety and other benefits pro2 vided by carrying out context sensitive de3 sign principles; 

4 ‘‘(iv) common barriers to carrying out 

5 context sensitive design principles; 

6 ‘‘(v) procedures for overcoming the 

7 most common barriers to carrying out con8 text sensitive design principles; 

9 ‘‘(vi) procedures for identifying the 

10 costs associated with carrying out context 

11 sensitive design principles; 

12 ‘‘(vii) procedures for maximizing local 

13 cooperation in the introduction of context 

14 sensitive design principles and carrying out 

15 those principles; and 

16 ‘‘(viii) procedures for assessing and 

17 modifying the facilities and operational 

18 characteristics of existing roadways to im19 prove consistency with context sensitive de20 sign principles. 

21 ‘‘(4) FUNDING.—Amounts made available under 

22 sections 104(b)(6) and 505 of this title may be used 

23 for States, local governments, metropolitan planning 

24 organizations, or regional transportation planning 

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1 ate the context of a proposed roadway and select the 

2 appropriate design, consistent with context sensitive 

3 design principles.’’. 

4 (b) CONFORMING AMENDMENT.—Section 1404(b) of 

5 the FAST Act (23 U.S.C. 109 note) is repealed. 

6 SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL 

7 SHARE. 

8 (a) IN GENERAL.—Section 120(c)(3)(B) of title 23, 

9 United States Code, is amended— 

10 (1) by striking clauses (i) and (ii) and inserting 

11 the following: 

12 ‘‘(i) prefabricated bridge elements and 

13 systems, innovative materials, and other 

14 technologies to reduce bridge construction 

15 time, extend service life, and reduce preser16 vation costs, as compared to conventionally 

17 designed and constructed bridges; 

18 ‘‘(ii) innovative construction equip19 ment, materials, techniques, or practices, 

20 including the use of in-place recycling tech21 nology, digital 3-dimensional modeling tech22 nologies, and advanced digital construction 

23 management systems;’’; 

24 (2) by redesignating clause (vi) as clause (ix); 

25 (3) in clause (v) by striking ‘‘or’’ at the end; and 


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1 (4) by inserting after clause (v) the following: 

2 ‘‘(vi) innovative pavement materials 

3 that demonstrate reductions in— 

4 ‘‘(I) greenhouse gas emissions 

5 through sequestration or innovative 

6 manufacturing processes; or 

7 ‘‘(II) local air pollution, 

8 stormwater runoff, or noise pollution; 

9 ‘‘(vii) innovative culvert materials that 

10 are made with recycled content and dem11 onstrate reductions in greenhouse gas emis12 sions; 

13 ‘‘(viii) contractual provisions that pro14 vide safety contingency funds to incorporate 

15 safety enhancements to work zones prior to 

16 or during roadway construction and main17 tenance activities; or’’. 

18 (b) TECHNICAL AMENDMENT.—Section 107(a)(2) of 

19 title 23, United States Code, is amended by striking ‘‘sub20 section (c) of’’. 

21 SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 

22 FUNDS. 

23 Section 126(b) of title 23, United States Code, is 

24 amended— 


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1 (1) in the heading by inserting ‘‘AND PRO2 GRAMS’’ after ‘‘SET-ASIDES’’; 

3 (2) in paragraph (1) by striking ‘‘and 

4 133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), 

5 133(h), 148(m), 149, 151(f), and 171’’; and 

6 (3) by striking paragraph (2) and inserting the 

7 following: 

8 ‘‘(2) ENVIRONMENTAL PROGRAMS.—With respect 

9 to an apportionment under either paragraph (4) or 

10 paragraph (9) of section 104(b), and notwithstanding 

11 paragraph (1), a State may only transfer not more 

12 than 50 percent from the amount of the apportion13 ment of either such paragraph to the apportionment 

14 under the other such paragraph in a fiscal year.’’. 

15 SEC. 1110. TOLLING. 

16 (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER17 RIES.—Section 129 of title 23, United States Code, is 

18 amended— 

19 (1) in subsection (a)— 

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

21 the following: 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) AUTHORIZATION.—Subject to the pro24 visions of this section, Federal participation 

25 shall be permitted on the same basis and in the 


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1 same manner as construction of toll-free high2 ways is permitted under this chapter in the— 

3 ‘‘(i) initial construction of a toll high4 way, bridge, or tunnel or approach to the 

5 highway, bridge, or tunnel; 

6 ‘‘(ii) initial construction of 1 or more 

7 lanes or other improvements that increase 

8 capacity of a highway, bridge, or tunnel 

9 (other than a highway on the Interstate 

10 System) and conversion of that highway, 

11 bridge, or tunnel to a tolled facility, if the 

12 number of toll-free lanes, excluding auxil13 iary lanes, after the construction is not less 

14 than the number of toll-free lanes, excluding 

15 auxiliary lanes, before the construction; 

16 ‘‘(iii) initial construction of 1 or more 

17 lanes or other improvements that increase 

18 the capacity of a highway, bridge, or tunnel 

19 on the Interstate System and conversion of 

20 that highway, bridge, or tunnel to a tolled 

21 facility, if the number of toll-free non-HOV 

22 lanes, excluding auxiliary lanes, after such 

23 construction is not less than the number of 

24 toll-free non-HOV lanes, excluding auxil25 iary lanes, before such construction; 


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1 ‘‘(iv) reconstruction, resurfacing, res2 toration, rehabilitation, or replacement of a 

3 toll highway, bridge, or tunnel or approach 

4 to the highway, bridge, or tunnel; 

5 ‘‘(v) reconstruction or replacement of a 

6 toll-free bridge or tunnel and conversion of 

7 the bridge or tunnel to a toll facility; 

8 ‘‘(vi) reconstruction of a toll-free Fed9 eral-aid highway (other than a highway on 

10 the Interstate System) and conversion of the 

11 highway to a toll facility; 

12 ‘‘(vii) reconstruction, restoration, or 

13 rehabilitation of a highway on the Inter14 state System if the number of toll-free non15 HOV lanes, excluding auxiliary lanes, after 

16 reconstruction, restoration, or rehabilitation 

17 is not less than the number of toll-free non18 HOV lanes, excluding auxiliary lanes, be19 fore reconstruction, restoration, or rehabili20 tation; 

21 ‘‘(viii) conversion of a high occupancy 

22 vehicle lane on a highway, bridge, or tunnel 

23 to a toll facility, subject to the requirements 

24 of section 166; and 


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1 ‘‘(ix) preliminary studies to determine 

2 the feasibility of a toll facility for which 

3 Federal participation is authorized under 

4 this paragraph. 

5 ‘‘(B) AGREEMENT TO TOLL.— 

6 ‘‘(i) IN GENERAL.—Before the Sec7 retary may authorize tolling under this sub8 section, the public authority with jurisdic9 tion over a highway, bridge, or tunnel shall 

10 enter into an agreement with the Secretary 

11 to ensure compliance with the requirements 

12 of this subsection. 

13 ‘‘(ii) APPLICABILITY.— 

14 ‘‘(I) IN GENERAL.—The require15 ments of this subparagraph shall apply 

16 to— 

17 ‘‘(aa) Federal participation 

18 under subparagraph (A); 

19 ‘‘(bb) any prior Federal par20 ticipation in the facility proposed 

21 to be tolled; and 

22 ‘‘(cc) conversion, with or 

23 without Federal participation, of 

24 a non-tolled lane on the National 


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1 Highway System to a toll facility 

2 under subparagraph (E). 

3 ‘‘(II) HOV FACILITY.—Except as 

4 otherwise provided in this subsection or 

5 section 166, the provisions of this 

6 paragraph shall not apply to a high 

7 occupancy vehicle facility. 

8 ‘‘(iii) MAJOR FEDERAL ACTION.—Ap9 proval by the Secretary of an agreement to 

10 toll under this paragraph shall be consid11 ered a major Federal action under the Na12 tional Environmental Policy Act of 1969 

13 (42 U.S.C. 4321 et seq.). 

14 ‘‘(C) AGREEMENT CONDITIONS.—Prior to 

15 entering into an agreement to toll under sub16 paragraph (B), the public authority shall certify 

17 to the Secretary that— 

18 ‘‘(i) the public authority has estab19 lished procedures to ensure the toll meets the 

20 purposes and requirements of this sub21 section; 

22 ‘‘(ii) the facility shall provide for ac23 cess at no cost to public transportation ve24 hicles and over-the-road buses serving the 

25 public; and 


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1 ‘‘(iii) the facility shall provide for the 

2 regional interoperability of electronic toll 

3 collection, including through technologies or 

4 business practices. 

5 ‘‘(D) CONSIDERATION OF IMPACTS.— 

6 ‘‘(i) IN GENERAL.—Prior to entering 

7 into an agreement to toll under subpara8 graph (B), the Secretary shall ensure the 

9 public authority has adequately considered, 

10 including by providing an opportunity for 

11 public comment, the following factors with12 in the corridor: 

13 ‘‘(I) Congestion impacts on both 

14 the toll facility and in the corridor or 

15 cordon (including adjacent toll-free fa16 cilities). 

17 ‘‘(II) In the case of a non-attain18 ment or maintenance area, air quality 

19 impacts. 

20 ‘‘(III) Planned investments to im21 prove public transportation or other 

22 non-tolled alternatives in the corridor. 

23 ‘‘(IV) Environmental justice and 

24 equity impacts. 


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1 ‘‘(V) Impacts on freight move2 ment. 

3 ‘‘(VI) Economic impacts on busi4 nesses. 

5 ‘‘(ii) CONSIDERATION IN ENVIRON6 MENTAL REVIEW.—Nothing in this subpara7 graph shall limit a public authority from 

8 meeting the requirements of this subpara9 graph through the environmental review 

10 process, as applicable. 

11 ‘‘(E) CONGESTION PRICING.— 

12 ‘‘(i) IN GENERAL.—The Secretary may 

13 authorize conversion of a non-tolled lane on 

14 the National Highway System to a toll fa15 cility to utilize pricing to manage the de16 mand to use the facility by varying the toll 

17 amount that is charged. 

18 ‘‘(ii) REQUIREMENT.—Prior to enter19 ing into an agreement to convert a non20 tolled lane on the National Highway Sys21 tem to a toll facility, the Secretary shall en22 sure (in addition to the requirements under 

23 subparagraphs (B), (C), and (D)) that such 

24 toll facility and the planned investments to 

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1 tolled alternatives in the corridor are rea2 sonably expected to improve the operation of 

3 the cordon or corridor, as described in 

4 clauses (iii) and (iv). 

5 ‘‘(iii) PERFORMANCE MONITORING.—A 

6 public authority that enters into an agree7 ment to convert a non-tolled lane to a toll 

8 facility under this subparagraph shall— 

9 ‘‘(I) establish, monitor, and sup10 port a performance monitoring, eval11 uation, and reporting program— 

12 ‘‘(aa) for the toll facility that 

13 provides for continuous moni14 toring, assessment, and reporting 

15 on the impacts that the pricing 

16 structure may have on the oper17 ation of the facility; and 

18 ‘‘(bb) for the corridor or cor19 don that provides for continuous 

20 monitoring, assessment, and re21 porting on the impacts of conges22 tion pricing on the operation of 

23 the corridor or cordon; 


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1 ‘‘(II) submit to the Secretary an2 nual reports of the impacts described 

3 in subclause (I); and 

4 ‘‘(III) if the facility or the cor5 ridor or cordon becomes degraded, as 

6 described in clause (iv), submit to the 

7 Secretary an annual update that de8 scribes the actions proposed to bring 

9 the toll facility into compliance and 

10 the progress made on such actions. 

11 ‘‘(iv) DETERMINATION.— 

12 ‘‘(I) DEGRADED OPERATION.—For 

13 purposes of clause (iii)(III), the oper14 ation of a toll facility shall be consid15 ered to be degraded if vehicles oper16 ating on the facility are failing to 

17 maintain a minimum average oper18 ating speed 90 percent of the time over 

19 a consecutive 180-day period during 

20 peak hour periods. 

21 ‘‘(II) DEGRADED CORRIDOR OR

22 CORDON.—For the purposes of clause 

23 (iii)(III), a corridor or cordon shall be 

24 considered to be degraded if congestion 

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1 lic transportation or other non-tolled 

2 alternatives have not resulted in— 

3 ‘‘(aa) an increase in person 

4 or freight throughput in the cor5 ridor or cordon; or 

6 ‘‘(bb) a reduction in person 

7 hours of delay in the corridor or 

8 cordon, as determined by the Sec9 retary. 

10 ‘‘(III) DEFINITION OF MINIMUM

11 AVERAGE OPERATING SPEED.—In this 

12 subparagraph, the term ‘minimum av13 erage operating speed’ means— 

14 ‘‘(aa) 35 miles per hour, in 

15 the case of a toll facility with a 

16 speed limit of 45 miles per hour 

17 or greater; and 

18 ‘‘(bb) not more than 10 miles 

19 per hour below the speed limit, in 

20 the case of a toll facility with a 

21 speed limit of less than 50 miles 

22 per hour. 

23 ‘‘(v) MAINTENANCE OF OPERATING

24 PERFORMANCE.— 


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1 ‘‘(I) IN GENERAL.—Not later than 

2 180 days after the date on which a fa3 cility or a corridor or cordon becomes 

4 degraded under clause (iv), the public 

5 authority with jurisdiction over the fa6 cility shall submit to the Secretary for 

7 approval a plan that details the ac8 tions the public authority will take to 

9 make significant progress toward 

10 bringing the facility or corridor or cor11 don into compliance with this subpara12 graph. 

13 ‘‘(II) NOTICE OF APPROVAL OR

14 DISAPPROVAL.—Not later than 60 days 

15 after the date of receipt of a plan 

16 under subclause (I), the Secretary shall 

17 provide to the public authority a writ18 ten notice indicating whether the Sec19 retary has approved or disapproved the 

20 plan based on a determination of 

21 whether the implementation of the plan 

22 will make significant progress toward 

23 bringing the facility or corridor or cor24 don into compliance with this subpara25 graph. 


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1 ‘‘(III) UPDATE.—Until the date 

2 on which the Secretary determines that 

3 the public authority has brought the fa4 cility or corridor or cordon into com5 pliance with this subparagraph, the 

6 public authority shall submit annual 

7 updates that describe— 

8 ‘‘(aa) the actions taken to 

9 bring the facility into compliance; 

10 ‘‘(bb) the actions taken to 

11 bring the corridor or cordon into 

12 compliance; and 

13 ‘‘(cc) the progress made by 

14 those actions. 

15 ‘‘(IV) COMPLIANCE.—If a public 

16 authority fails to bring a facility into 

17 compliance under this subparagraph, 

18 the Secretary may subject the public 

19 authority to appropriate program 

20 sanctions under section 1.36 of title 23, 

21 Code of Federal Regulations (or suc22 cessor regulations), until the perform23 ance is no longer degraded. 

24 ‘‘(vi) CONSULTATION OF MPO.—If a 

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1 graph is located on the National Highway 

2 System and in a metropolitan planning 

3 area established in accordance with section 

4 134, the public authority shall consult with 

5 the metropolitan planning organization for 

6 the area. 

7 ‘‘(vii) INCLUSION.—For the purposes of 

8 this paragraph, the corridor or cordon shall 

9 include toll-free facilities that are adjacent 

10 to the toll facility.’’; 

11 (B) in paragraph (3)— 

12 (i) in subparagraph (A)— 

13 (I) in clause (iv) by striking 

14 ‘‘and’’ at the end; and 

15 (II) by striking clause (v) and in16 serting the following: 

17 ‘‘(v) any project eligible under this 

18 title or chapter 53 of title 49 that improves 

19 the operation of the corridor or cordon by 

20 increasing person or freight throughput and 

21 reducing person hours of delay; 

22 ‘‘(vi) toll discounts or rebates for users 

23 of the toll facility that have no reasonable 

24 alternative transportation method to the toll 

25 facility; and 


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1 ‘‘(vii) if the public authority certifies 

2 annually that the tolled facility is being 

3 adequately maintained and the cordon or 

4 corridor is not degraded under paragraph 

5 (1)(E), any revenues remaining after fund6 ing the activities described in clauses (i) 

7 through (vi) shall be considered surplus rev8 enue and may be used for any other purpose 

9 for which Federal funds may be obligated 

10 by a State under this title or chapter 53 of 

11 title 49.’’; and 

12 (ii) by striking subparagraph (B) and 

13 inserting the following: 

14 ‘‘(B) TRANSPARENCY.— 

15 ‘‘(i) ANNUAL AUDIT.— 

16 ‘‘(I) IN GENERAL.—A public au17 thority with jurisdiction over a toll fa18 cility shall conduct or have an inde19 pendent auditor conduct an annual 

20 audit of toll facility records to verify 

21 adequate maintenance and compliance 

22 with subparagraph (A), and report the 

23 results of the audits to the Secretary. 

24 ‘‘(II) RECORDS.—On reasonable 

25 notice, the public authority shall make 


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1 all records of the public authority per2 taining to the toll facility available for 

3 audit by the Secretary. 

4 ‘‘(ii) USE OF REVENUES.—A State or 

5 public authority that obligates amounts 

6 under clauses (v), (vi), or (vii) of subpara7 graph (A) shall annually report to the Sec8 retary a list of activities funded with such 

9 amounts and the amount of funding pro10 vided for each such activity.’’; 

11 (C) in paragraph (8) by striking ‘‘as of the 

12 date of enactment of the MAP–21, before com13 mencing any activity authorized’’ and inserting 

14 ‘‘, before commencing any activity authorized’’; 

15 (D) in paragraph (9)— 

16 (i) by striking ‘‘bus’’ and inserting 

17 ‘‘vehicle’’; and 

18 (ii) by striking ‘‘buses’’ and inserting 

19 ‘‘vehicles’’; and 

20 (E) by striking paragraph (10) and insert21 ing the following: 

22 ‘‘(10) INTEROPERABILITY OF ELECTRONIC TOLL

23 COLLECTION.— 

24 ‘‘(A) IN GENERAL.—All toll facilities on 

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1 gional interoperability of electronic toll collec2 tion, including through technologies or business 

3 practices. 

4 ‘‘(B) PROHIBITION ON RESTRICTION.—No 

5 State, or any political subdivision thereof, shall 

6 restrict the information that is shared across 

7 public and private toll facility operators or their 

8 agents or contractors for purposes of facilitating, 

9 operating, or maintaining electronic toll collec10 tion programs. 

11 ‘‘(11) NONCOMPLIANCE.—If the Secretary con12 cludes that a public authority has not complied with 

13 the requirements of this subsection, the Secretary may 

14 require the public authority to discontinue collecting 

15 tolls until the public authority and the Secretary 

16 enter into an agreement for the public authority to 

17 achieve compliance with such requirements. 

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

20 ‘‘(A) FEDERAL PARTICIPATION.—The term 

21 ‘Federal participation’ means the use of funds 

22 made available under this title. 

23 ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.— 

24 The term ‘high occupancy vehicle’ or ‘HOV’ 

25 means a vehicle with not fewer than 2 occupants. 


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1 ‘‘(C) INITIAL CONSTRUCTION.— 

2 ‘‘(i) IN GENERAL.—The term ‘initial 

3 construction’ means the construction of a 

4 highway, bridge, tunnel, or other facility at 

5 any time before it is open to traffic. 

6 ‘‘(ii) EXCLUSIONS.—The term ‘initial 

7 construction’ does not include any improve8 ment to a highway, bridge, tunnel, or other 

9 facility after it is open to traffic. 

10 ‘‘(D) OVER-THE-ROAD BUS.—The term 

11 ‘over-the-road bus’ has the meaning given the 

12 term in section 301 of the Americans with Dis13 abilities Act of 1990 (42 U.S.C. 12181). 

14 ‘‘(E) PUBLIC AUTHORITY.—The term ‘pub15 lic authority’ means a State, interstate compact 

16 of States, or public entity designated by a State. 

17 ‘‘(F) PUBLIC TRANSPORTATION VEHICLE.— 

18 The term ‘public transportation vehicle’ has the 

19 meaning given that term in section 166. 

20 ‘‘(G) TOLL FACILITY.—The term ‘toll facil21 ity’ means a toll highway, bridge, or tunnel or 

22 approach to the highway, bridge, or tunnel con23 structed or authorized to be tolled under this sub24 section.’’. 


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1 (b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC2 TION AND REHABILITATION PILOT PROGRAM.—Section 

3 1216 of the Transportation Equity Act for the 21st Century 

4 (23 U.S.C. 129 note), and the item related to such section 

5 in the table of contents in section 1(b) of such Act, are re6 pealed. 

7 (c) VALUE PRICING PILOT PROGRAM.—Section 

8 1012(b) of the Intermodal Surface Transportation Effi9 ciency Act of 1991 (23 U.S.C. 149 note) is amended by add10 ing at the end the following: 

11 ‘‘(9) SUNSET.—The Secretary may not consider 

12 an expression of interest submitted under this section 

13 after the date of enactment of this paragraph.’’. 

14 (d) SAVINGS CLAUSE.— 

15 (1) APPLICATION OF LIMITATIONS.—Any toll fa16 cility described in paragraph (2) shall be subject to 

17 the requirements of section 129(a)(3) of title 23, 

18 United States Code, as in effect on the day before the 

19 date of enactment of this Act. 

20 (2) TOLL FACILITIES.—A toll facility described 

21 in this paragraph is a facility that, on the day prior 

22 to the date of enactment of this Act, was— 

23 (A) operating; 

24 (B) in the planning and design phase; or 

25 (C) in the construction phase. 


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1 (e) REPORT.—Not later than 180 days after the date 

2 of enactment of this Act, the Secretary of Transportation 

3 shall submit to Congress a report on the implementation 

4 of the interoperability of toll collection as required under 

5 section 1512(b) of MAP–21, including an assessment of the 

6 progress in, and barriers on, such implementation. 

7 SEC. 1111. HOV FACILITIES. 

8 Section 166 of title 23, United States Code, is amend9 ed— 

10 (1) in subsection (b)— 

11 (A) in paragraph (4)(C)(iii) by striking 

12 ‘‘transportation buses’’ and inserting ‘‘transpor13 tation vehicles’’; 

14 (B) in paragraph (5)(B) by striking ‘‘2019’’ 

15 and inserting ‘‘2025’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(6) EMERGENCY VEHICLES.—The public au18 thority may allow the following vehicles to use the 

19 HOV facility if the authority establishes requirements 

20 for clearly identifying the vehicles: 

21 ‘‘(A) An emergency vehicle that is respond22 ing to an existing emergency. 

23 ‘‘(B) A blood transport vehicle that is trans24 porting blood between collection points and hos25 pitals or storage centers.’’. 


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1 (2) in subsection (d)(2)(A)(i) by striking ‘‘45 

2 miles per hour, in the case of a HOV facility with a 

3 speed limit of 50 miles per hour or greater’’ and in4 serting ‘‘35 miles per hour, in the case of a HOV fa5 cility with a speed limit of 45 miles per hour or 

6 greater’’; 

7 (3) in subsection (d)(2)(B) by striking ‘‘morning 

8 or evening weekday peak hour periods (or both)’’ and 

9 inserting ‘‘peak hour periods’’; 

10 (4) in subsection (e)— 

11 (A) by striking ‘‘Not later than 180 days 

12 after the date of enactment of this section, the 

13 Administrator’’ and inserting ‘‘The Adminis14 trator’’; 

15 (B) in paragraph (1) by striking ‘‘and’’ at 

16 the end; 

17 (C) in paragraph (2) by striking the period 

18 at the end and inserting ‘‘; and’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(3) not later than 180 days after the date of en21 actment of the INVEST in America Act, update the 

22 requirements established under paragraph (1).’’; and 

23 (5) in subsection (f)— 

24 (A) in paragraph (1)— 


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1 (i) by striking subparagraphs (C), (D), 

2 and (F); and 

3 (ii) by redesignating subparagraphs 

4 (E), (G), (H), and (I) as subparagraphs 

5 (C), (D), (E), and (F), respectively; and 

6 (B) in paragraph (6)(B)(i) by striking 

7 ‘‘public entity’’ and inserting ‘‘public transpor8 tation service that is a recipient or subrecipient 

9 of funds under chapter 53 of title 49’’. 

10 SEC. 1112. BUY AMERICA. 

11 (a) IN GENERAL.—Section 313 of title 23, United 

12 States Code, is amended— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘Notwithstanding’’ and in15 serting ‘‘IN GENERAL.—Notwithstanding’’; 

16 (B) by striking ‘‘Secretary of Transpor17 tation’’ and inserting ‘‘Secretary’’; 

18 (C) by striking ‘‘the Surface Transportation 

19 Assistance Act of 1982 (96 Stat. 2097) or’’; and 

20 (D) by striking ‘‘and manufactured prod21 ucts’’ and inserting ‘‘manufactured products, 

22 and construction materials’’; 

23 (2) in subsection (b) by inserting ‘‘DETERMINA24 TION.—’’ before ‘‘The provisions’’; 


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1 (3) in subsection (c) by striking ‘‘For purposes’’ 

2 and inserting ‘‘CALCULATION.—For purposes’’; 

3 (4) in subsection (d)— 

4 (A) by striking ‘‘The Secretary of Transpor5 tation’’ and inserting ‘‘REQUIREMENTS.—The 

6 Secretary’’; and 

7 (B) by striking ‘‘the Surface Transportation 

8 Assistance Act of 1982 (96 Stat. 2097) or’’; 

9 (5) in subsection (g) by inserting ‘‘or within the 

10 scope of the applicable finding, determination, or en11 vironmental review decision made pursuant to au12 thority granted by the Secretary under section 330, if 

13 applicable,’’ before ‘‘regardless of the’’; and 

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

15 ‘‘(h) WAIVER PROCEDURE.— 

16 ‘‘(1) IN GENERAL.—Not later than 120 days 

17 after the submission of a request for a waiver, the 

18 Secretary shall make a determination under para19 graph (1) or (2) of subsection (b) as to whether sub20 section (a) shall apply. 

21 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 

22 ‘‘(A) IN GENERAL.—Not later than 30 days 

23 before making a determination regarding a 

24 waiver described in paragraph (1), the Secretary 


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1 shall provide notification and an opportunity for 

2 public comment on the request for such waiver. 

3 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 

4 notification required under subparagraph (A) 

5 shall— 

6 ‘‘(i) describe whether the application is 

7 being made for a determination described in 

8 subsection (b)(1); and 

9 ‘‘(ii) be provided to the public by elec10 tronic means, including on the public 

11 website of the Department of Transpor12 tation. 

13 ‘‘(3) DETERMINATION.—Before a determination 

14 described in paragraph (1) takes effect, the Secretary 

15 shall publish a detailed justification for such deter16 mination that addresses all public comments received 

17 under paragraph (2)— 

18 ‘‘(A) on the public website of the Depart19 ment of Transportation; and 

20 ‘‘(B) if the Secretary issues a waiver with 

21 respect to such determination, in the Federal 

22 Register. 

23 ‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— 

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

25 the date of enactment of this subsection, and at least 


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1 every 5 years thereafter, the Secretary shall review 

2 any standing nationwide waiver issued by the Sec3 retary under this section to ensure such waiver re4 mains justified. 

5 ‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY

6 FOR COMMENT.— 

7 ‘‘(A) IN GENERAL.—Not later than 30 days 

8 before the completion of a review under para9 graph (1), the Secretary shall provide notifica10 tion and an opportunity for public comment on 

11 such review. 

12 ‘‘(B) MEANS OF NOTIFICATION.—Notifica13 tion provided under this subparagraph shall be 

14 provided by electronic means, including on the 

15 public website of the Department of Transpor16 tation. 

17 ‘‘(3) DETAILED JUSTIFICATION IN FEDERAL REG18 ISTER.—After the completion of a review under para19 graph (1), the Secretary shall publish in the Federal 

20 Register a detailed justification for the determination 

21 made under paragraph (1) that addresses all public 

22 comments received under paragraph (2). 

23 ‘‘(4) CONSIDERATION.—In conducting the review 

24 under paragraph (1), the Secretary shall consider the 


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1 research on supply chains carried out under section 

2 1112(c) of the INVEST in America Act. 

3 ‘‘(j) REPORT.—Not later than 120 days after the last 

4 day of each fiscal year, the Secretary shall submit to the 

5 Committee on Transportation and Infrastructure of the 

6 House of Representatives, the Committee on Appropriations 

7 of the House of Representatives, the Committee on Environ8 ment and Public Works of the Senate, and the Committee 

9 on Appropriations of the Senate a report on the waivers 

10 provided under subsection (h) during the previous fiscal 

11 year and the justifications for such waivers. 

12 ‘‘(k) CONSTRUCTION MATERIALS DEFINED.—In this 

13 section, the term ‘construction materials’ means primary 

14 materials, except for iron and steel, that are commonly used 

15 in highway construction, as determined by the Secretary.’’. 

16 (b) CONSTRUCTION MATERIALS.— 

17 (1) ESTABLISHMENT OF REQUIREMENTS.—The 

18 Secretary shall issue such regulations as are necessary 

19 to implement the amendment made subsection 

20 (a)(1)(D). Such regulations shall ensure the continued 

21 availability of construction materials to carry out 

22 projects under title 23, United States Code. 

23 (2) CONSIDERATIONS.—The requirements of this 

24 section, and the amendments made by this section— 


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1 (A) shall seek to maximize jobs located in 

2 the United States; 

3 (B) may establish domestic content require4 ments that increase over time, based on the cur5 rent and expected future domestic availability of 

6 construction materials; and 

7 (C) shall take into consideration the re8 search conducted under subsection (c). 

9 (3) APPLICABILITY.—The amendment made by 

10 subsection (a)(1)(D) shall take effect beginning on the 

11 date that the Secretary establishes the requirements 

12 described under paragraph (1). 

13 (c) RESEARCH ON SUPPLY CHAINS.— 

14 (1) IN GENERAL.—The Secretary shall conduct 

15 research on covered items that are commonly used or 

16 acquired under title 23, United States Code, includ17 ing— 

18 (A) construction materials; 

19 (B) manufactured products; 

20 (C) vehicles; and 

21 (D) alternative fuel infrastructure and elec22 tric vehicle supply equipment. 

23 (2) CONSIDERATIONS.—The research under para24 graph (1) shall consider— 


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1 (A) the current domestic availability of cov2 ered items; 

3 (B) the current supply chain for covered 

4 items; and 

5 (C) the estimated demand, in relation to 

6 total United States demand from all sources, for 

7 covered items from— 

8 (i) procurement under the Federal-aid 

9 highway program; 

10 (ii) procurement under other programs 

11 administered by the Secretary of Transpor12 tation; and 

13 (iii) other Federal procurement. 

14 (3) DOMESTIC SUPPLIERS.—As part of the re15 view under this paragraph, the Secretary may estab16 lish and maintain a list of known domestic suppliers 

17 of covered items. 

18 (4) DEFINITION OF COVERED ITEM.—For the 

19 purposes of this section, the term ‘‘covered item’’ 

20 means any material or product (except for iron and 

21 steel) subject to the requirements of section 313(a) of 

22 title 23, United States Code, that is commonly used 

23 in highway construction or procured under the Fed24 eral-aid highway program. 


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1 (d) IRON AND STEEL.—This section, and the amend2 ments made by this section, shall not affect the requirements 

3 under section 634.410(b)(1)(ii) of title 23, Code of Federal 

4 Regulations, with respect to iron and steel. 

5 (e) SAFETEA–LU TECHNICAL CORRECTIONS ACT OF

6 2008.—Section 117 of the SAFETEA–LU Technical Cor7 rections Act of 2008 (23 U.S.C. 313 note) is repealed. 

8 SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIRE9 MENTS. 

10 (a) IN GENERAL.—Section 113 of title 23, United 

11 States Code, is amended— 

12 (1) by striking subsections (a) and (b) and in13 serting the following: 

14 ‘‘(a) IN GENERAL.—The Secretary shall take such ac15 tion as may be necessary to ensure that all laborers and 

16 mechanics employed by contractors or subcontractors on 

17 construction work performed on projects financed or other18 wise assisted in whole or in part by a loan, loan guarantee, 

19 grant, credit enhancement, or any other form of Federal as20 sistance administered by the Secretary or the Department, 

21 including programs to capitalize revolving loan funds and 

22 subsequent financing cycles under such funds, shall be paid 

23 wages at rates not less than those prevailing on projects 

24 of a character similar in the locality, as determined by the 

25 Secretary of Labor in accordance with subchapter IV of 


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1 chapter 31 of title 40. With respect to the labor standards 

2 specified in this section, the Secretary of Labor shall have 

3 the authority and functions set forth in Reorganization 

4 Plan Numbered 14 of 1950 (64 Stat. 1267) and section 3145 

5 of title 40.’’; 

6 (2) by redesignating subsection (c) as subsection 

7 (b); and 

8 (3) in subsection (b), as so redesignated, by in9 serting ‘‘APPRENTICESHIP AND SKILL TRAINING PRO10 GRAMS.—’’ before ‘‘The provisions’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) Section 133 of title 23, United States Code, 

13 is amended by striking subsection (i). 

14 (2) Section 167 of title 23, United States Code, 

15 is amended by striking subsection (l). 

16 (3) Section 1401 of the MAP–21 (23 U.S.C. 137 

17 note) is amended by striking subsection (e). 

18 SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR 

19 CATEGORICAL EXCLUSIONS. 

20 Section 326(c)(3) of title 23, United States Code, is 

21 amended— 

22 (1) by striking subparagraph (A) and inserting 

23 the following: 


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1 ‘‘(A) except as provided under subpara2 graph (C), have a term of not more than 3 

3 years;’’; 

4 (2) in subparagraph (B) by striking the period 

5 at the end and inserting ‘‘; and’’; and 

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

7 ‘‘(C) for any State that has assumed the re8 sponsibility for categorical exclusions under this 

9 section for at least 10 years, have a term of 5 

10 years.’’. 

11 SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY 

12 PROGRAM WRITTEN AGREEMENTS. 

13 Section 327 of title 23, United States Code, is amend14 ed— 

15 (1) in subsection (a)(2)(G) by inserting ‘‘, in16 cluding the payment of fees awarded under section 

17 2412 of title 28’’ after ‘‘with the project’’. 

18 (2) in subsection (c)— 

19 (A) by striking paragraph (5) and inserting 

20 the following: 

21 ‘‘(5) except as provided under paragraph (7), 

22 have a term of not more than 5 years;’’; 

23 (B) in paragraph (6) by striking the period 

24 at the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(7) for any State that has participated in a 

2 program under this section (or under a predecessor 

3 program) for at least 10 years, have a term of 10 

4 years.’’; 

5 (3) in subsection (g)(1)— 

6 (A) in subparagraph (C) by striking ‘‘an7 nual’’; 

8 (B) in subparagraph (B) by striking ‘‘and’’ 

9 at the end; 

10 (C) by redesignating subparagraph (C) as 

11 subparagraph (D); and 

12 (D) by inserting after subparagraph (B) the 

13 following: 

14 ‘‘(C) in the case of an agreement period of 

15 greater than 5 years under subsection (c)(7), con16 duct an audit covering the first 5 years of the 

17 agreement period; and’’; and 

18 (4) by adding at the end the following: 

19 ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.— 

20 A State agency that is assigned a responsibility under an 

21 agreement under this section shall be deemed to be an agen22 cy of the United States for the purposes of section 2412 of 

23 title 28.’’. 

24 SEC. 1116. CORROSION PREVENTION FOR BRIDGES. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) APPLICABLE BRIDGE PROJECTS.—The term 

2 ‘‘applicable bridge projects’’ means a project for con3 struction, replacement, rehabilitation, preservation, or 

4 protection, other than de minimis work, as deter5 mined by the applicable State department of trans6 portation, on a bridge project that receives financial 

7 assistance under title 23, United States Code. 

8 (2) CERTIFIED CONTRACTOR.—The term ‘‘cer9 tified contractor’’ means a contracting or subcon10 tracting firm that has been certified by an industry11 wide recognized third party organization that evalu12 ates the capability of the contractor or subcontractor 

13 to properly perform 1 or more specified aspects of ap14 plicable bridge projects described in subsection (b)(2). 

15 (3) QUALIFIED TRAINING PROGRAM.—The term 

16 ‘‘qualified training program’’ means a training pro17 gram in corrosion control, mitigation, and prevention 

18 that is either— 

19 (A) offered or accredited by an organization 

20 that sets industry corrosion standards; or 

21 (B) an industrial coatings applicator train22 ing program registered under the Act of August 

23 16, 1937 (29 U.S.C. 50 et seq.; commonly known 

24 as the ‘‘National Apprenticeship Act’’) that 


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1 meets the standards of subpart A of part 29 and 

2 part 30 of title 29, Code of Federal Regulations. 

3 (b) APPLICABLE BRIDGE PROJECTS.— 

4 (1) QUALITY CONTROL.—A certified contractor 

5 shall carry out aspects of an applicable bridge project 

6 described in paragraph (2). 

7 (2) ASPECTS OF APPLICABLE BRIDGE

8 PROJECTS.—Aspects of an applicable bridge project 

9 referred to in paragraph (1) shall include— 

10 (A) surface preparation or coating applica11 tion on steel or rebar of an applicable bridge 

12 project; 

13 (B) removal of a lead-based or other haz14 ardous coating from steel of an existing applica15 ble bridge project; and 

16 (C) shop painting of structural steel or 

17 rebar fabricated for installation on an applicable 

18 bridge project. 

19 (3) CORROSION MANAGEMENT SYSTEM.—In car20 rying out an applicable bridge project, a State de21 partment of transportation shall— 

22 (A) implement a corrosion management sys23 tem that utilizes industry-recognized standards 

24 and corrosion mitigation and prevention meth25 ods to address— 


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1 (i) surface preparation; 

2 (ii) protective coatings; 

3 (iii) materials selection; 

4 (iv) cathodic protection; 

5 (v) corrosion engineering; 

6 (vi) personnel training; and 

7 (vii) best practices in environmental 

8 protection to prevent environmental deg9 radation and uphold public health. 

10 (B) require certified contractors, for the 

11 purpose of carrying out aspects of applicable 

12 bridge projects described in paragraph (2), to 

13 employ a substantial number of individuals that 

14 are trained and certified by a qualified training 

15 program as meeting the ANSI/NACE Number 

16 13/SSPC–ACS–1 standard or future versions of 

17 this standard. 

18 (4) CERTIFICATION.—The applicable State de19 partment of transportation shall only accept bids for 

20 projects that include aspects of applicable bridge 

21 projects described in paragraph (2) from a certified 

22 contractor that presents written proof that the certifi23 cation of such contractor meets the standards of 

24 SSPC QP1, QP2, and QP3 or future versions of these 

25 standards. 


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1 (c) TRAINING PROGRAM.—As a condition of entering 

2 into a contract for an applicable bridge project, each cer3 tified contractor shall provide training, through a qualified 

4 training program, for each individual who is not a certified 

5 coating applicator but that the certified contractor employs 

6 to carry out aspects of applicable bridge projects as de7 scribed in subsection (b)(2). 

8 SEC. 1117. SENSE OF CONGRESS. 

9 It is the sense of Congress that— 

10 (1) States should utilize life-cycle cost analysis to 

11 evaluate the total economic cost of a transportation 

12 project over its expected lifetime; and 

13 (2) data indicating that future repair costs asso14 ciated with a transportation project frequently total 

15 more than half of the initial cost of the project, and 

16 that conducting life-cycle cost analysis prior to con17 struction will help States identify the most cost-effec18 tive option, improve their economic performance, and 

19 lower the total cost of building and maintaining the 

20 project. 

21 SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN 

22 RIGHT-OF-WAY. 

23 (a) IN GENERAL.—Notwithstanding chapter 1 of title 

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1 mission and distribution infrastructure, and broadband in2 frastructure and conduit shall be treated as a facility cov3 ered under part 645 of title 23, Code of Federal Regulations 

4 (or successor regulations), for purposes of being accommo5 dated under section 109(l) of title 23, United States Code. 

6 (b) STATE APPROVAL.—A State, on behalf of the Sec7 retary of Transportation, may approve the accommodation 

8 of the infrastructure and facilities described in subsection 

9 (a) within any right-of-way on a Federal-aid highway pur10 suant to section 109(l) of title 23, United States Code. 

11 SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE 

12 SAFETY IMPROVEMENTS. 

13 (a) IN GENERAL.—Notwithstanding any provision of 

14 title 23, United States Code, or any regulation issued by 

15 the Secretary of Transportation, section 129(a)(3) of such 

16 title shall not apply to a covered public authority that re17 ceives funding under such title for pedestrian and bike safe18 ty improvements. 

19 (b) NO TOLL.—A covered public authority may not 

20 charge a toll, fee, or other levy for use of such improvements. 

21 (c) EFFECTIVE DATE.—A covered public authority 

22 shall be eligible for the exemption under subsection (a) for 

23 10 years after the date of enactment of this Act. Any such 

24 exemption granted shall remain in effect after the effective 

25 date described in this section. 


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1 (d) DEFINITIONS.—In this section, the following defi2 nitions apply: 

3 (1) COVERED PUBLIC AUTHORITY.—The term 

4 ‘‘covered public authority’’ means a public authority 

5 with jurisdiction over a toll facility located within 

6 both— 

7 (A) a National Scenic Area; and 

8 (B) the National Trail System. 

9 (2) NATIONAL SCENIC AREA.—The term ‘‘Na10 tional Scenic Area’’ means an area of the National 

11 Forest System federally designated as a National Sce12 nic Area in recognition of the outstanding natural, 

13 scenic, and recreational values of the area. 

14 (3) NATIONAL TRAIL SYSTEM.—The term ‘‘Na15 tional Trail System’’ means an area described in sec16 tion 3 of the National Trails System Act (16 U.S.C. 

17 1242). 

18 (4) PUBLIC AUTHORITY; TOLL FACILITY.—The 

19 terms ‘‘public authority’’ and ‘‘toll facility’’ have the 

20 meanings such terms would have if such terms were 

21 included in chapter 1 of title 23, United States Code. 


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1 Subtitle B—Programmatic 

2 Infrastructure Investment 

3 SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

4 Section 119 of title 23, United States Code, is amend5 ed— 

6 (1) by striking subsection (b) and inserting the 

7 following: 

8 ‘‘(b) PURPOSES.—The purposes of the national high9 way performance program shall be— 

10 ‘‘(1) to provide support for the condition and 

11 performance of the National Highway System, con12 sistent with the asset management plans of States; 

13 ‘‘(2) to support progress toward the achievement 

14 of performance targets of States established under sec15 tion 150; 

16 ‘‘(3) to increase the resilience of Federal-aid 

17 highways and bridges; and 

18 ‘‘(4) to provide support for the construction of 

19 new facilities on the National Highway System, con20 sistent with subsection (d)(3).’’; 

21 (2) in subsection (d)— 

22 (A) in paragraph (1)(A) by striking ‘‘or 

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1 mental sustainability, transportation system ac2 cess, or combating climate change’’; 

3 (B) in paragraph (1)(B) by striking ‘‘and’’ 

4 at the end; 

5 (C) in paragraph (2)— 

6 (i) in subparagraph (G)— 

7 (I) in clause (i) by inserting 

8 ‘‘and’’ at the end; 

9 (II) in clause (ii) by striking ‘‘; 

10 and’’ and inserting a period; and 

11 (III) by striking clause (iii); 

12 (ii) in subparagraph (I) by inserting 

13 ‘‘, including the installation of safety bar14 riers and nets on bridges on the National 

15 Highway System’’ after ‘‘National Highway 

16 System’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(Q) Projects on or off the National High20 way System to reduce greenhouse gas emissions 

21 that are eligible under section 171, including the 

22 installation of electric vehicle charging infra23 structure. 

24 ‘‘(R) Projects on or off the National High25 way System to enhance resilience of a transporVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 tation facility eligible under section 124, includ2 ing protective features and natural infrastruc3 ture. 

4 ‘‘(S) Projects and strategies to reduce vehi5 cle-caused wildlife mortality related to, or to re6 store and maintain connectivity among terres7 trial or aquatic habitats affected by, a transpor8 tation facility eligible for assistance under this 

9 section. 

10 ‘‘(T) Projects on or off the National High11 way System to improve an evacuation route eli12 gible under section 124(b)(1)(C). 

13 ‘‘(U) The removal, retrofit, repurposing, re14 mediation, or replacement of a highway on the 

15 National Highway System that creates a barrier 

16 to community connectivity to improve access for 

17 multiple modes of transportation.’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(3) a project that is otherwise eligible under 

20 this subsection to construct new capacity for single 

21 occupancy passenger vehicles only if the State— 

22 ‘‘(A) has demonstrated progress in achiev23 ing a state of good repair, as defined in the 

24 State’s asset management plan, on the National 

25 Highway System; 


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1 ‘‘(B) demonstrates that the project— 

2 ‘‘(i) supports the achievement of per3 formance targets of the State established 

4 under section 150; and 

5 ‘‘(ii) is more cost effective, as deter6 mined by benefit-cost analysis, than— 

7 ‘‘(I) an operational improvement 

8 to the facility or corridor; 

9 ‘‘(II) the construction of a public 

10 transportation project eligible for as11 sistance under chapter 53 of title 49; 

12 or 

13 ‘‘(III) the construction of a non14 single occupancy passenger vehicle 

15 project that improves freight move16 ment; and 

17 ‘‘(C) has a public plan for maintaining and 

18 operating the new asset while continuing its 

19 progress in achieving a state of good repair 

20 under subparagraph (A).’’; 

21 (3) in subsection (e)— 

22 (A) in the heading by inserting ‘‘ASSET

23 AND’’ after ‘‘STATE’’; 

24 (B) in paragraph (4)(D) by striking ‘‘anal25 ysis’’ and inserting ‘‘analyses, both of which 


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1 shall take into consideration climate change ad2 aptation and resilience;’’; and 

3 (C) in paragraph (8) by striking ‘‘Not later 

4 than 18 months after the date of enactment of the 

5 MAP–21, the Secretary’’ and inserting ‘‘The Sec6 retary’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out sub9 section (d)(3)(B)(ii), the Secretary shall establish a process 

10 for analyzing the cost and benefits of projects under such 

11 subsection, ensuring that— 

12 ‘‘(1) the benefit-cost analysis includes a calcula13 tion of all the benefits addressed in the performance 

14 measures established under section 150; 

15 ‘‘(2) the benefit-cost analysis includes a consider16 ation of the total maintenance cost of an asset over 

17 the lifecycle of the asset; and 

18 ‘‘(3) the State demonstrates that any transpor19 tation demand modeling used to calculate the benefit20 cost analysis has a documented record of accuracy.’’. 

21 SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR22 TATION ASSETS. 

23 (a) PREDISASTER MITIGATION PROGRAM.— 


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

2 States Code, is amended by inserting after section 123 

3 the following: 

4 ‘‘§ 124. Predisaster mitigation program 

5 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

6 and implement a predisaster mitigation program to en7 hance the resilience of the transportation system of the 

8 United States, mitigate the impacts of covered events, and 

9 ensure the efficient use of Federal resources. 

10 ‘‘(b) ELIGIBLE ACTIVITIES.— 

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

12 funds apportioned to the State under section 

13 104(b)(8) may be obligated for— 

14 ‘‘(A) construction activities, including con15 struction of natural infrastructure or protective 

16 features— 

17 ‘‘(i) to increase the resilience of a sur18 face transportation infrastructure asset to 

19 withstand a covered event; 

20 ‘‘(ii) to relocate or provide a reason21 able alternative to a repeatedly damaged fa22 cility; and 

23 ‘‘(iii) for an evacuation route identi24 fied in the vulnerability assessment required 


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1 under section 134(i)(2)(I)(iii) or section 

2 135(f)(10)(C) to— 

3 ‘‘(I) improve the capacity or oper4 ation of such evacuation route through 

5 communications and intelligent trans6 portation system equipment and infra7 structure, counterflow measures, and 

8 shoulders; and 

9 ‘‘(II) relocate such evacuation 

10 route or provide a reasonable alter11 native to such evacuation route to ad12 dress the risk of a covered event; 

13 ‘‘(B) resilience planning activities, includ14 ing activities described in sections 134(i)(2)(I) 

15 and 135(f)(10) of this title and sections 

16 5303(i)(2)(I) and 5304(f)(10) of title 49; and 

17 ‘‘(C) the development of projects and pro18 grams that help States, territories, and regions 

19 recover from covered events that significantly 

20 disrupt the transportation system, including— 

21 ‘‘(i) predisaster training programs that 

22 help agencies and regional stakeholders plan 

23 for and prepare multimodal recovery efforts; 

24 and 


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1 ‘‘(ii) the establishment of region-wide 

2 telework training and programs. 

3 ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAPTA4 TION.—No funds shall be obligated to a project under 

5 this section unless the project meets each of the fol6 lowing criteria: 

7 ‘‘(A) The project is designed to ensure resil8 ience over the anticipated service life of the sur9 face transportation infrastructure asset. 

10 ‘‘(B) The project is identified in the metro11 politan or statewide transportation improvement 

12 program as a project to address resilience 

13 vulnerabilities, consistent with section 

14 134(j)(3)(E) or 135(g)(5)(B)(iii). 

15 ‘‘(3) PRIORITIZATION OF PROJECTS.—A State 

16 shall develop a process to prioritize projects under 

17 this section based on the degree to which the proposed 

18 project would— 

19 ‘‘(A) be cost effective in the long-term; 

20 ‘‘(B) reduce the risk of disruption to a sur21 face transportation infrastructure asset consid22 ered critical to support population centers, 

23 freight movement, economic activity, evacuation, 

24 recovery, national security functions, or critical 

25 infrastructure; and 


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1 ‘‘(C) ease disruptions to vulnerable, at-risk, 

2 or transit-dependant populations. 

3 ‘‘(c) GUIDANCE.—The Secretary shall provide guid4 ance to States to assist with the implementation of para5 graphs (2) and (3) of subsection (b). 

6 ‘‘(d) DEFINITIONS.—In this section: 

7 ‘‘(1) COVERED EVENT.—The term ‘covered event’ 

8 means a climate change effect (including sea level 

9 rise), flooding, and an extreme event or other natural 

10 disaster (including wildfires, seismic activity, and 

11 landslides). 

12 ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC13 TURE ASSET.—The term ‘surface transportation in14 frastructure asset’ means a facility eligible for assist15 ance under this title or chapter 53 of title 49.’’. 

16 (2) CONFORMING AMENDMENT.—The analysis for 

17 chapter 1 of title 23, United States Code, is amended 

18 by inserting after the item relating to section 123 the 

19 following: 

‘‘124. Predisaster mitigation program.’’. 

20 (b) PROJECTS IN FLOOD-PRONE AREAS.—Section 109 

21 of title 23, United States Code, is further amended by add22 ing at the end the following: 

23 ‘‘(t) PROJECTS IN FLOOD-PRONE AREAS.—For 

24 projects and actions that, in whole or in part, encroach 


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1 within the limits of a flood-prone area, the Secretary shall 

2 ensure that such projects and actions are— 

3 ‘‘(1) designed and constructed in a way that 

4 takes into account, and mitigates where appropriate, 

5 flood risk by using hydrologic, hydraulic, and hydro6 dynamic data, methods, and analysis that integrate 

7 current and projected changes in flooding based on 

8 climate science over the anticipated service life of the 

9 asset and future forecasted land use changes; and 

10 ‘‘(2) designed using analysis that considers the 

11 capital costs, risks, and other economic, engineering, 

12 social and environmental concerns of constructing a 

13 project in a flood-prone area.’’. 

14 (c) METROPOLITAN TRANSPORTATION PLANNING.— 

15 (1) AMENDMENTS TO TITLE 23.— 

16 (A) CLIMATE CHANGE AND RESILIENCE.— 

17 Section 134(i)(2) of title 23, United States Code, 

18 is amended by adding at the end the following: 

19 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 

20 ‘‘(i) IN GENERAL.—The transportation 

21 planning process shall assess strategies to 

22 reduce the climate change impacts of the 

23 surface transportation system and conduct 

24 a vulnerability assessment to identify op25 portunities to enhance the resilience of the 


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1 surface transportation system and ensure 

2 the efficient use of Federal resources. 

3 ‘‘(ii) CLIMATE CHANGE MITIGATION

4 AND IMPACTS.—A long-range transportation 

5 plan shall— 

6 ‘‘(I) identify investments and 

7 strategies to reduce transportation-re8 lated sources of greenhouse gas emis9 sions per capita; 

10 ‘‘(II) identify investments and 

11 strategies to manage transportation de12 mand and increase the rates of public 

13 transportation ridership, walking, bi14 cycling, and carpools; and 

15 ‘‘(III) recommend zoning and 

16 other land use policies that would sup17 port infill, transit-oriented develop18 ment, and mixed use development. 

19 ‘‘(iii) VULNERABILITY ASSESSMENT.— 

20 A long-range transportation plan shall in21 corporate a vulnerability assessment that— 

22 ‘‘(I) includes a risk-based assess23 ment of vulnerabilities of critical 

24 transportation assets and systems to 


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1 covered events (as such term is defined 

2 in section 124); 

3 ‘‘(II) considers, as applicable, the 

4 risk management analysis in the 

5 State’s asset management plan devel6 oped pursuant to section 119, and the 

7 State’s evaluation of reasonable alter8 natives to repeatedly damaged facilities 

9 conducted under part 667 of title 23, 

10 Code of Federal Regulations; 

11 ‘‘(III) at the discretion of the met12 ropolitan planning organization, iden13 tifies evacuation routes, assesses the 

14 ability of any such routes to provide 

15 safe passage for evacuation, access to 

16 health care and public health facilities, 

17 and emergency response during an 

18 emergency event, and identifies any 

19 improvements or redundant facilities 

20 necessary to adequately facilitate safe 

21 passage; 

22 ‘‘(IV) describes the metropolitan 

23 planning organization’s adaptation 

24 and resilience improvement strategies 

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1 vestment decisions of the metropolitan 

2 planning organization; and 

3 ‘‘(V) is consistent with and com4 plementary of the State, Tribal, and 

5 local mitigation plans required under 

6 section 322 of the Robert T. Stafford 

7 Disaster Relief and Emergency Assist8 ance Act (42 U.S.C. 5165). 

9 ‘‘(iv) CONSULTATION.—The assessment 

10 described in this subparagraph shall be de11 veloped in consultation with, as appro12 priate, State, local, and Tribal officials re13 sponsible for land use, housing, resilience, 

14 hazard mitigation, and emergency manage15 ment.’’. 

16 (B) RESILIENCE PROJECTS.—Section 

17 134(j)(3) of title 23, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(E) RESILIENCE PROJECTS.—The TIP 

20 shall— 

21 ‘‘(i) identify any projects that address 

22 the vulnerabilities identified by the assess23 ment in subsection (i)(2)(I)(iii); and 


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1 ‘‘(ii) describe how each project identi2 fied under clause (i) would improve the re3 silience of the transportation system.’’. 

4 (2) AMENDMENTS TO TITLE 49.— 

5 (A) CLIMATE CHANGE AND RESILIENCE.— 

6 Section 5303(i)(2) of title 49, United States 

7 Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 

10 ‘‘(i) IN GENERAL.—The transportation 

11 planning process shall assess strategies to 

12 reduce the climate change impacts of the 

13 surface transportation system and conduct 

14 a vulnerability assessment to identify op15 portunities to enhance the resilience of the 

16 surface transportation system and ensure 

17 the efficient use of Federal resources. 

18 ‘‘(ii) CLIMATE CHANGE MITIGATION

19 AND IMPACTS.—A long-range transportation 

20 plan shall— 

21 ‘‘(I) identify investments and 

22 strategies to reduce transportation-re23 lated sources of greenhouse gas emis24 sions per capita; 


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1 ‘‘(II) identify investments and 

2 strategies to manage transportation de3 mand and increase the rates of public 

4 transportation ridership, walking, bi5 cycling, and carpools; and 

6 ‘‘(III) recommend zoning and 

7 other land use policies that would sup8 port infill, transit-oriented develop9 ment, and mixed use development. 

10 ‘‘(iii) VULNERABILITY ASSESSMENT.— 

11 A long-range transportation plan shall in12 corporate a vulnerability assessment that— 

13 ‘‘(I) includes a risk-based assess14 ment of vulnerabilities of critical 

15 transportation assets and systems to 

16 covered events (as such term is defined 

17 in section 124 of title 23); 

18 ‘‘(II) considers, as applicable, the 

19 risk management analysis in the 

20 State’s asset management plan devel21 oped pursuant to section 119 of title 

22 23, and the State’s evaluation of rea23 sonable alternatives to repeatedly dam24 aged facilities conducted under part 


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1 667 of title 23, Code of Federal Regula2 tions; 

3 ‘‘(III) at the discretion of the met4 ropolitan planning organization, iden5 tifies evacuation routes, assesses the 

6 ability of any such routes to provide 

7 safe passage for evacuation, access to 

8 health care and public health facilities, 

9 and emergency response during an 

10 emergency event, and identifies any 

11 improvements or redundant facilities 

12 necessary to adequately facilitate safe 

13 passage; 

14 ‘‘(IV) describes the metropolitan 

15 planning organization’s adaptation 

16 and resilience improvement strategies 

17 that will inform the transportation in18 vestment decisions of the metropolitan 

19 planning organization; and 

20 ‘‘(V) is consistent with and com21 plementary of the State, Tribal, and 

22 local mitigation plans required under 

23 section 322 of the Robert T. Stafford 

24 Disaster Relief and Emergency Assist25 ance Act (42 U.S.C. 5165). 


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1 ‘‘(iv) CONSULTATION.—The assessment 

2 described in this subparagraph shall be de3 veloped in consultation, as appropriate, 

4 with State, local, and Tribal officials re5 sponsible for land use, housing, resilience, 

6 hazard mitigation, and emergency manage7 ment.’’. 

8 (B) RESILIENCE PROJECTS.—Section 

9 5303(j)(3) of title 49, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(E) RESILIENCE PROJECTS.—The TIP 

12 shall— 

13 ‘‘(i) identify any projects that address 

14 the vulnerabilities identified by the assess15 ment in subsection (i)(2)(I)(iii); and 

16 ‘‘(ii) describe how each project identi17 fied under clause (i) would improve the re18 silience of the transportation system.’’. 

19 (d) STATEWIDE AND NONMETROPOLITAN PLANNING.— 

20 (1) AMENDMENTS TO TITLE 23.— 

21 (A) CLIMATE CHANGE AND RESILIENCE.— 

22 Section 135(f) of title 23, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 


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1 ‘‘(A) IN GENERAL.—The transportation 

2 planning process shall assess strategies to reduce 

3 the climate change impacts of the surface trans4 portation system and conduct a vulnerability as5 sessment to identify opportunities to enhance the 

6 resilience of the surface transportation system 

7 and ensure the efficient use of Federal resources. 

8 ‘‘(B) CLIMATE CHANGE MITIGATION AND IM9 PACTS.—A long-range transportation plan 

10 shall— 

11 ‘‘(i) identify investments and strategies 

12 to reduce transportation-related sources of 

13 greenhouse gas emissions per capita; 

14 ‘‘(ii) identify investments and strate15 gies to manage transportation demand and 

16 increase the rates of public transportation 

17 ridership, walking, bicycling, and carpools; 

18 and 

19 ‘‘(iii) recommend zoning and other 

20 land use policies that would support infill, 

21 transit-oriented development, and mixed use 

22 development. 

23 ‘‘(C) VULNERABILITY ASSESSMENT.—A 

24 long-range transportation plan shall incorporate 

25 a vulnerability assessment that— 


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1 ‘‘(i) includes a risk-based assessment of 

2 vulnerabilities of critical transportation as3 sets and systems to covered events (as such 

4 term is defined in section 124); 

5 ‘‘(ii) considers, as applicable, the risk 

6 management analysis in the State’s asset 

7 management plan developed pursuant to 

8 section 119, and the State’s evaluation of 

9 reasonable alternatives to repeatedly dam10 aged facilities conducted under part 667 of 

11 title 23, Code of Federal Regulations; 

12 ‘‘(iii) identifies evacuation routes, as13 sesses the ability of any such routes to pro14 vide safe passage for evacuation, access to 

15 health care and public health facilities, and 

16 emergency response during an emergency 

17 event, and identifies any improvements or 

18 redundant facilities necessary to adequately 

19 facilitate safe passage; 

20 ‘‘(iv) describes the States’s adaptation 

21 and resilience improvement strategies that 

22 will inform the transportation investment 

23 decisions of the State; and 

24 ‘‘(v) is consistent with and complemen25 tary of the State, Tribal, and local mitigaVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 tion plans required under section 322 of the 

2 Robert T. Stafford Disaster Relief and 

3 Emergency Assistance Act (42 U.S.C. 5165). 

4 ‘‘(D) CONSULTATION.—The assessment de5 scribed in this paragraph shall be developed in 

6 consultation with, as appropriate, metropolitan 

7 planning organizations and State, local, and 

8 Tribal officials responsible for land use, housing, 

9 resilience, hazard mitigation, and emergency 

10 management.’’. 

11 (B) RESILIENCE PROJECTS.—Section 

12 135(g)(5)(B) of title 23, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(iii) RESILIENCE PROJECTS.—The 

15 STIP shall— 

16 ‘‘(I) identify projects that address 

17 the vulnerabilities identified by the as18 sessment in subsection (i)(10)(B); and 

19 ‘‘(II) describe how each project 

20 identified under subclause (I) would 

21 improve the resilience of the transpor22 tation system.’’. 

23 (2) AMENDMENTS TO TITLE 49.— 


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1 (A) CLIMATE CHANGE AND RESILIENCE.— 

2 Section 5304(f) of title 49, United States Code, 

3 is amended by adding at the end the following: 

4 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 

5 ‘‘(A) IN GENERAL.—The transportation 

6 planning process shall assess strategies to reduce 

7 the climate change impacts of the surface trans8 portation system and conduct a vulnerability as9 sessment to identify opportunities to enhance the 

10 resilience of the surface transportation system 

11 and ensure the efficient use of Federal resources. 

12 ‘‘(B) CLIMATE CHANGE MITIGATION AND IM13 PACTS.—A long-range transportation plan 

14 shall— 

15 ‘‘(i) identify investments and strategies 

16 to reduce transportation-related sources of 

17 greenhouse gas emissions per capita; 

18 ‘‘(ii) identify investments and strate19 gies to manage transportation demand and 

20 increase the rates of public transportation 

21 ridership, walking, bicycling, and carpools; 

22 and 

23 ‘‘(iii) recommend zoning and other 

24 land use policies that would support infill, 


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1 transit-oriented development, and mixed use 

2 development. 

3 ‘‘(C) VULNERABILITY ASSESSMENT.—A 

4 long-range transportation plan shall incorporate 

5 a vulnerability assessment that— 

6 ‘‘(i) includes a risk-based assessment of 

7 vulnerabilities of critical transportation as8 sets and systems to covered events (as such 

9 term is defined in section 124 of title 23); 

10 ‘‘(ii) considers, as applicable, the risk 

11 management analysis in the State’s asset 

12 management plan developed pursuant to 

13 section 119 of title 23, and the State’s eval14 uation of reasonable alternatives to repeat15 edly damaged facilities conducted under 

16 part 667 of title 23, Code of Federal Regu17 lations; 

18 ‘‘(iii) identifies evacuation routes, as19 sesses the ability of any such routes to pro20 vide safe passage for evacuation, access to 

21 health care and public health facilities, and 

22 emergency response during an emergency 

23 event, and identifies any improvements or 

24 redundant facilities necessary to adequately 

25 facilitate safe passage; 


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1 ‘‘(iv) describes the State’s adaptation 

2 and resilience improvement strategies that 

3 will inform the transportation investment 

4 decisions of the State; and 

5 ‘‘(v) is consistent with and complemen6 tary of the State, Tribal, and local mitiga7 tion plans required under section 322 of the 

8 Robert T. Stafford Disaster Relief and 

9 Emergency Assistance Act (42 U.S.C. 5165). 

10 ‘‘(D) CONSULTATION.—The assessment de11 scribed in this paragraph shall be developed in 

12 consultation with, as appropriate, metropolitan 

13 planning organizations and State, local, and 

14 Tribal officials responsible for land use, housing, 

15 resilience, hazard mitigation, and emergency 

16 management.’’. 

17 (B) RESILIENCE PROJECTS.—Section 

18 5304(g)(5)(B) of title 49, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(iii) RESILIENCE PROJECTS.—The 

21 STIP shall— 

22 ‘‘(I) identify projects that address 

23 the vulnerabilities identified by the as24 sessment in subsection (i)(10)(B); and 


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1 ‘‘(II) describe how each project 

2 identified under subclause (I) would 

3 improve the resilience of the transpor4 tation system.’’. 

5 SEC. 1203. EMERGENCY RELIEF. 

6 (a) IN GENERAL.—Section 125 of title 23, United 

7 States Code, is amended— 

8 (1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 

9 after ‘‘severe storm,’’; 

10 (2) by striking subsection (b); 

11 (3) in subsection (c)(2)(A) by striking ‘‘in any 

12 1 fiscal year commencing after September 30, 1980,’’ 

13 and inserting ‘‘in any fiscal year’’; 

14 (4) in subsection (d)— 

15 (A) in paragraph (3)(C) by striking ‘‘(as 

16 defined in subsection (e)(1))’’; 

17 (B) by redesignating paragraph (3) as 

18 paragraph (4); and 

19 (C) by striking paragraphs (1) and (2) and 

20 inserting the following: 

21 ‘‘(1) IN GENERAL.—The Secretary may expend 

22 funds from the emergency fund authorized by this sec23 tion only for the repair or reconstruction of highways 

24 on Federal-aid highways in accordance with this 

25 chapter. 


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1 ‘‘(2) RESTRICTIONS.— 

2 ‘‘(A) IN GENERAL.—No funds shall be ex3 pended from the emergency fund authorized by 

4 this section unless— 

5 ‘‘(i) an emergency has been declared by 

6 the Governor of the State with concurrence 

7 by the Secretary, unless the President has 

8 declared the emergency to be a major dis9 aster for the purposes of the Robert T. Staf10 ford Disaster Relief and Emergency Assist11 ance Act (42 U.S.C. 5121 et seq.) for which 

12 concurrence of the Secretary is not required; 

13 and 

14 ‘‘(ii) the Secretary has received an ap15 plication from the State transportation de16 partment that includes a comprehensive list 

17 of all eligible project sites and repair costs 

18 by not later than 2 years after the natural 

19 disaster or catastrophic failure. 

20 ‘‘(B) COST LIMITATION.—The total cost of a 

21 project funded under this section may not exceed 

22 the cost of repair or reconstruction of a com23 parable facility unless the Secretary determines 

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1 fied betterments, including protective features to 

2 increase the resilience of the facility. 

3 ‘‘(C) REPEATEDLY DAMAGED FACILITIES.— 

4 An application submitted under this section for 

5 the permanent repair or reconstruction of a re6 peatedly damaged facility shall include consider7 ation and, if feasible, incorporation of economi8 cally justifiable betterments, including protective 

9 features, to increase the resilience of such facil10 ity. 

11 ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.—In 

12 no case shall funds be used under this section for the 

13 repair or reconstruction of a bridge— 

14 ‘‘(A) that has been permanently closed to all 

15 vehicular traffic by the State or responsible local 

16 official because of imminent danger of collapse 

17 due to a structural deficiency or physical dete18 rioration; or 

19 ‘‘(B) if a construction phase of a replace20 ment structure is included in the approved state21 wide transportation improvement program at 

22 the time of an event described in subsection (a).’’; 

23 (5) in subsection (e)— 

24 (A) by striking paragraph (1); 


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1 (B) in paragraph (2) by striking ‘‘sub2 section (d)(1)’’ and inserting ‘‘subsection (c)(1)’’; 

3 and 

4 (C) by redesignating paragraphs (2) and 

5 (3), as amended, as paragraphs (1) and (2), re6 spectively; 

7 (6) by redesignating subsections (c) through (g), 

8 as amended, as subsections (b) through (f), respec9 tively; and 

10 (7) by adding at the end the following: 

11 ‘‘(g) IMPOSITION OF DEADLINE.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of law, the Secretary may not require any 

14 project funded under this section to advance to the 

15 construction obligation stage before the date that is 

16 the last day of the sixth fiscal year after the later of— 

17 ‘‘(A) the date on which the Governor de18 clared the emergency, as described in subsection 

19 (c)(2)(A)(i); or 

20 ‘‘(B) the date on which the President de21 clared the emergency to be a major disaster, as 

22 described in such subsection. 

23 ‘‘(2) EXTENSION OF DEADLINE.—If the Secretary 

24 imposes a deadline for advancement to the construc25 tion obligation stage pursuant to paragraph (1), the 


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1 Secretary may, upon the request of the Governor of 

2 the State, issue an extension of not more than 1 year 

3 to complete such advancement, and may issue addi4 tional extensions after the expiration of any exten5 sion, if the Secretary determines the Governor of the 

6 State has provided suitable justification to warrant 

7 such an extension. 

8 ‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall establish 

10 a hazard mitigation pilot program for the purpose of 

11 mitigating future hazards posed to Federal-aid high12 ways, Federal lands transportation facilities, and 

13 Tribal transportation facilities. 

14 ‘‘(2) ALLOCATION OF FUNDS.— 

15 ‘‘(A) AUTHORIZATION OF APPROPRIA16 TIONS.—There is authorized to be appropriated 

17 such sums as may be necessary for the pilot pro18 gram established under this subsection. 

19 ‘‘(B) CALCULATION.—Annually, the Sec20 retary shall calculate the total amount of out21 standing eligible repair costs under the emer22 gency relief program under this section, includ23 ing the emergency relief backlog, for each State, 

24 territory, and Indian Tribe. 


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1 ‘‘(C) ALLOCATION.—Any amounts made 

2 available under this subsection shall be distrib3 uted to each State, territory, or Indian Tribe 

4 based on— 

5 ‘‘(i) the ratio that the total amount of 

6 outstanding eligible repair costs for such 

7 State, territory, or Indian Tribe, as de8 scribed under subparagraph (B); bears to 

9 ‘‘(ii) the total amount of outstanding 

10 eligible repair costs for all States, terri11 tories, and Indian Tribes, as described 

12 under subparagraph (B). 

13 ‘‘(D) LIMITATION.—The allocation to a 

14 State, territory, or Indian Tribe described under 

15 subparagraph (C) shall not exceed 5 percent of 

16 the total amount of outstanding eligible repair 

17 costs under the emergency relief program for 

18 such State, territory, or Indian Tribe, as de19 scribed in subparagraph (B). 

20 ‘‘(3) ELIGIBLE ACTIVITIES.—Amounts made 

21 available under this subsection shall be used for pro22 tective features or other hazard mitigation activities 

23 that— 

24 ‘‘(A) the Secretary determines are cost effec25 tive and that reduce the risk of, or increase the 


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1 resilience to, future damage to existing assets as 

2 a result of natural disasters; and 

3 ‘‘(B) are eligible under section 124. 

4 ‘‘(4) REPORT.—For each fiscal year in which 

5 funding is made available for the program under this 

6 subsection, the Secretary shall submit to the Com7 mittee on Transportation and Infrastructure of the 

8 House of Representatives and the Committee on Envi9 ronment and Public Works of the Senate a report de10 tailing— 

11 ‘‘(A) a description of the activities carried 

12 out under the pilot program; 

13 ‘‘(B) an evaluation of the effectiveness of the 

14 pilot program in meeting purposes described in 

15 paragraph (1); and 

16 ‘‘(C) policy recommendations to improve the 

17 effectiveness of the pilot program. 

18 ‘‘(5) SUNSET.—The authority provided under 

19 this subsection shall terminate on October 1, 2025. 

20 ‘‘(i) IMPROVING THE EMERGENCY RELIEF PRO21 GRAM.—Not later than 1 year after the date of enactment 

22 of the INVEST in America Act, the Secretary shall— 

23 ‘‘(1) revise the emergency relief manual of the 

24 Federal Highway Administration— 


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1 ‘‘(A) to include and reflect the definition of 

2 the term ‘resilience’ (as defined in section 

3 101(a)); 

4 ‘‘(B) to identify procedures that States may 

5 use to incorporate resilience into emergency relief 

6 projects; and 

7 ‘‘(C) to consider economically justified bet8 terments in emergency relief projects, such as— 

9 ‘‘(i) protective features that increase 

10 the resilience of the facility; and 

11 ‘‘(ii) incorporation of context sensitive 

12 design principles and other planned better13 ments that improve the safety of the facility; 

14 ‘‘(2) consider transportation system access for 

15 moderate and low-income families impacted by a 

16 major disaster or emergency declared by the President 

17 under section 401 of the Robert T. Stafford Disaster 

18 Relief and Emergency Assistance Act (42 U.S.C. 

19 5170); 

20 ‘‘(3) develop best practices for improving the use 

21 of resilience in— 

22 ‘‘(A) the emergency relief program under 

23 this section; and 

24 ‘‘(B) emergency relief efforts; 


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1 ‘‘(4) provide to division offices of the Federal 

2 Highway Administration and State departments of 

3 transportation information on the best practices de4 veloped under paragraph (2); and 

5 ‘‘(5) develop and implement a process to track— 

6 ‘‘(A) the consideration of resilience as part 

7 of the emergency relief program under this sec8 tion; and 

9 ‘‘(B) the costs of emergency relief projects. 

10 ‘‘(j) DEFINITIONS.—In this section: 

11 ‘‘(1) COMPARABLE FACILITY.—The term ‘com12 parable facility’ means a facility that meets the cur13 rent geometric and construction standards required 

14 for the types and volume of traffic that the facility 

15 will carry over its design life. 

16 ‘‘(2) CONSTRUCTION PHASE.—The term ‘con17 struction phase’ means the phase of physical construc18 tion of a highway or bridge facility that is separate 

19 from any other identified phases, such as planning, 

20 design, or right-of-way phases, in the State transpor21 tation improvement program. 

22 ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term ‘open 

23 to public travel’ means with respect to a road, that, 

24 except during scheduled periods, extreme weather con25 ditions, or emergencies, the road— 


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1 ‘‘(A) is maintained; 

2 ‘‘(B) is open to the general public; and 

3 ‘‘(C) can accommodate travel by a standard 

4 passenger vehicle, without restrictive gates or 

5 prohibitive signs or regulations, other than for 

6 general traffic control or restrictions based on 

7 size, weight, or class of registration. 

8 ‘‘(4) STANDARD PASSENGER VEHICLE.—The term 

9 ‘standard passenger vehicle’ means a vehicle with 6 

10 inches of clearance from the lowest point of the frame, 

11 body, suspension, or differential to the ground.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) FEDERAL LANDS AND TRIBAL TRANSPOR14 TATION PROGRAMS.—Section 201(c)(8)(A) of title 23, 

15 United States Code, is amended by striking ‘‘section 

16 125(e)’’ and inserting ‘‘section 125(j)’’. 

17 (2) TRIBAL TRANSPORTATION PROGRAM.—Sec18 tion 202(b)(6)(A) of title 23, United States Code, is 

19 amended by striking ‘‘section 125(e)’’ and inserting 

20 ‘‘section 125(d)’’. 

21 (c) REPEAL.—Section 668.105(h) of title 23, Code of 

22 Federal Regulations, is repealed. 

23 SEC. 1204. RAILWAY CROSSINGS. 

24 (a) IN GENERAL.—Section 130 of title 23, United 

25 States Code, is amended— 


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1 (1) in the section heading by striking ‘‘Rail2 way-highway crossings’’ and inserting ‘‘Rail3 way crossings’’; 

4 (2) in subsection (a)— 

5 (A) by striking ‘‘Subject to section 120 and 

6 subsection (b) of this section, the entire’’ and in7 serting ‘‘IN GENERAL.—The’’; 

8 (B) by striking ‘‘then the entire’’ and in9 serting ‘‘the’’; and 

10 (C) by striking ‘‘, subject to section 120 and 

11 subsection (b) of this section,’’; 

12 (3) by amending subsection (b) to read as fol13 lows: 

14 ‘‘(b) CLASSIFICATION.— 

15 ‘‘(1) IN GENERAL.—The construction of projects 

16 for the elimination of hazards at railway crossings 

17 represents a benefit to the railroad. The Secretary 

18 shall classify the various types of projects involved in 

19 the elimination of hazards of railway-highway cross20 ings, and shall set for each such classification a per21 centage of the total project cost that represent the ben22 efit to the railroad or railroads for the purpose of de23 termining the railroad’s share of the total project cost. 

24 The Secretary shall determine the appropriate classi25 fication of each project. 


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1 ‘‘(2) NONCASH CONTRIBUTIONS.— 

2 ‘‘(A) IN GENERAL.—Not more than 5 per3 cent of the cost share described in paragraph (1) 

4 may be attributable to noncash contributions of 

5 materials and labor furnished by the railroad in 

6 connection with the construction of such project. 

7 ‘‘(B) REQUIREMENT.—The requirements 

8 under section 200.306 and 200.403(g) of title 2, 

9 Code of Federal Regulations (or successor regula10 tions), shall apply to any noncash contributions 

11 under this subsection. 

12 ‘‘(3) TOTAL PROJECT COST.—For the purposes of 

13 this subsection, the determination of the railroad’s 

14 share of the total project cost shall include environ15 ment, design, right-of-way, utility accommodation, 

16 and construction phases of the project.’’; 

17 (4) in subsection (c)— 

18 (A) by striking ‘‘Any railroad involved’’ 

19 and inserting ‘‘BENEFIT.—Any railroad in20 volved’’; 

21 (B) by striking ‘‘the net benefit’’ and insert22 ing ‘‘the cost associated with the benefit’’; and 

23 (C) by striking ‘‘Such payment may consist 

24 in whole or in part of materials and labor furVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 nished by the railroad in connection with the 

2 construction of such project.’’; 

3 (5) by striking subsection (e) and inserting the 

4 following: 

5 ‘‘(e) RAILWAY CROSSINGS.— 

6 ‘‘(1) ELIGIBLE ACTIVITIES.—Funds apportioned 

7 to a State under section 104(b)(7) may be obligated 

8 for the following: 

9 ‘‘(A) The elimination of hazards at rail10 way-highway crossings, including technology or 

11 protective upgrades. 

12 ‘‘(B) Construction or installation of protec13 tive devices (including replacement of function14 ally obsolete protective devices) at railway-high15 way crossings. 

16 ‘‘(C) Infrastructure and noninfrastructure 

17 projects and strategies to prevent or reduce sui18 cide or trespasser fatalities and injuries along 

19 railroad rights-of-way and at or near railway20 highway crossings. 

21 ‘‘(D) Projects to mitigate any degradation 

22 in the level of access from a highway-grade cross23 ing closure. 


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1 ‘‘(E) Bicycle and pedestrian railway grade 

2 crossing improvements, including underpasses 

3 and overpasses. 

4 ‘‘(F) Projects eligible under section 

5 22907(c)(5) of title 49, provided that amounts 

6 obligated under this subparagraph— 

7 ‘‘(i) shall be administered by the Sec8 retary in accordance with such section as if 

9 such amounts were made available to carry 

10 out such section; and 

11 ‘‘(ii) may be used to pay up to 90 per12 cent of the non-Federal share of the cost of 

13 a project carried out under such section. 

14 ‘‘(2) SPECIAL RULE.—If a State demonstrates to 

15 the satisfaction of the Secretary that the State has 

16 met all its needs for installation of protective devices 

17 at railway-highway crossings, the State may use 

18 funds made available by this section for other high19 way safety improvement program purposes.’’; 

20 (6) by striking subsection (f) and inserting the 

21 following: 

22 ‘‘(f) FEDERAL SHARE.—Notwithstanding section 120, 

23 the Federal share payable on account of any project fi24 nanced with funds made available to carry out subsection 

25 (e) shall be up to 90 percent of the cost thereof.’’; 


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1 (7) by striking subsection (g) and inserting the 

2 following: 

3 ‘‘(g) REPORT.— 

4 ‘‘(1) STATE REPORT.— 

5 ‘‘(A) IN GENERAL.—Not later than 2 years 

6 after the date of enactment of the INVEST in 

7 America Act, and at least biennially thereafter, 

8 each State shall submit to the Secretary a report 

9 on the progress being made to implement the 

10 railway crossings program authorized by this 

11 section and the effectiveness of projects to im12 prove railway crossing safety. 

13 ‘‘(B) CONTENTS.—Each State report under 

14 subparagraph (A) shall contain an assessment of 

15 the costs of the various treatments employed and 

16 subsequent accident experience at improved loca17 tions. 

18 ‘‘(2) DEPARTMENTAL REPORT.— 

19 ‘‘(A) IN GENERAL.—Not later than 180 

20 days after the deadline for the submission of a 

21 report under paragraph (1)(A), the Secretary 

22 shall publish on the website of the Department of 

23 Transportation a report on the progress being 

24 made by the State in implementing projects to 

25 improve railway crossings. 


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1 ‘‘(B) CONTENTS.—The report under sub2 paragraph (A) shall include— 

3 ‘‘(i) the number of projects undertaken; 

4 ‘‘(ii) distribution of such projects by 

5 cost range, road system, nature of treat6 ment, and subsequent accident experience at 

7 improved locations; 

8 ‘‘(iii) an analysis and evaluation of 

9 each State program; 

10 ‘‘(iv) the identification of any State 

11 found not to be in compliance with the 

12 schedule of improvements required by sub13 section (d); and 

14 ‘‘(v) recommendations for future imple15 mentation of the railway crossings pro16 gram.’’; 

17 (8) in subsection (j)— 

18 (A) in the heading by inserting ‘‘AND PE19 DESTRIAN’’ after ‘‘BICYCLE’’; and 

20 (B) by inserting ‘‘and pedestrian’’ after ‘‘bi21 cycle’’; and 

22 (9) in subsection (l)— 

23 (A) in paragraph (1) by striking ‘‘Not later 

24 than’’ and all that follows through ‘‘each State’’ 

25 and inserting ‘‘Not later than 6 months after a 


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1 new railway crossing becomes operational, each 

2 State’’; and 

3 (B) in paragraph (2) by striking ‘‘On a 

4 periodic’’ and all that follows through ‘‘every 

5 year thereafter’’ and inserting ‘‘On or before 

6 September 30 of each year’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chapter 

8 1 of title 23, United States Code, is amended by amending 

9 the item relating to section 130 to read as follows: 

‘‘130. Railway crossings.’’. 

10 (c) GAO STUDY.—Not later than 2 years after the date 

11 of enactment of this Act, the Comptroller General of the 

12 United States shall submit to Congress a report that in13 cludes an analysis of the effectiveness of the railway cross14 ing program under section 130 of title 23, United States 

15 Code. 

16 (d) SENSE OF CONGRESS RELATING TO TRESPASSER

17 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 

18 sense of Congress that the Department of Transportation 

19 should, where feasible, coordinate departmental efforts to 

20 prevent or reduce trespasser deaths along railroad rights21 of-way and at or near railway-highway crossings. 

22 SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 

23 (a) IN GENERAL.—Section 133 of title 23, United 

24 States Code, is amended— 

25 (1) in the heading by striking ‘‘block grant’’; 


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1 (2) in subsection (a) by striking ‘‘block grant’’; 

2 (3) in subsection (b)— 

3 (A) by striking ‘‘block grant’’; 

4 (B) in paragraph (1)(B) by inserting ‘‘, ex5 cept that for the purposes of this section hover6 craft and terminal facilities for hovercraft engag7 ing in water transit for passengers or vehicles 

8 shall be considered ferry boats and ferry ter9 minal facilities eligible under section 129(c)’’ 

10 after ‘‘section 129(c)’’; 

11 (C) in paragraph (4) by striking ‘‘railway12 highway grade crossings’’ and inserting ‘‘projects 

13 eligible under section 130 and installation of 

14 safety barriers and nets on bridges’’; 

15 (D) in paragraph (6)— 

16 (i) by striking ‘‘Recreational’’ and in17 serting ‘‘Transportation alternatives 

18 projects eligible under subsection (h), rec19 reational’’; and 

20 (ii) by striking ‘‘1404 of SAFETEA– 

21 LU (23 U.S.C. 402 note)’’ and inserting 

22 ‘‘211’’; 

23 (E) in paragraph (12) by striking ‘‘travel’’ 

24 and inserting ‘‘transportation’’; and 

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


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1 ‘‘(16) Protective features (including natural in2 frastructure and vegetation control and clearance) to 

3 enhance the resilience of a transportation facility oth4 erwise eligible for assistance under this section. 

5 ‘‘(17) Projects to reduce greenhouse gas emissions 

6 eligible under section 171, including the installation 

7 of electric vehicle charging infrastructure. 

8 ‘‘(18) Projects and strategies to reduce vehicle9 caused wildlife mortality related to, or to restore and 

10 maintain connectivity among terrestrial or aquatic 

11 habitats affected by, a transportation facility other12 wise eligible for assistance under this section. 

13 ‘‘(19) A surface transportation project carried 

14 out in accordance with the national travel and tour15 ism infrastructure strategic plan under section 

16 1431(e) of the FAST Act (49 U.S.C. 301 note). 

17 ‘‘(20) roads in rural areas that primarily serve 

18 to transport agricultural products from a farm or 

19 ranch to a marketplace. 

20 ‘‘(21) The removal, retrofit, repurposing, remedi21 ation, or replacement of a highway or other transpor22 tation facility that creates a barrier to community 

23 connectivity to improve access for multiple modes of 

24 transportation.’’; 

25 (4) in subsection (c)— 


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1 (A) by striking ‘‘block grant’’ and inserting 

2 ‘‘program’’; 

3 (B) by striking paragraph (3) and inserting 

4 the following: 

5 ‘‘(3) for a project described in— 

6 ‘‘(A) subsection (h); or 

7 ‘‘(B) section 101(a)(29), as in effect on the 

8 day before the date of enactment of the FAST 

9 Act;’’; 

10 (C) by redesignating paragraph (4) as 

11 paragraph (5); and 

12 (D) by inserting after paragraph (3) the fol13 lowing: 

14 ‘‘(4) for a project described in section 5308 of 

15 title 49; and’’; 

16 (5) in subsection (d)— 

17 (A) in paragraph (1)— 

18 (i) by inserting ‘‘each fiscal year’’ after 

19 ‘‘apportioned to a State’’; 

20 (ii) by striking ‘‘the reservation of’’ 

21 and inserting ‘‘setting aside’’; and 

22 (iii) in subparagraph (A)— 

23 (I) by striking ‘‘the percentage 

24 specified in paragraph (6) for a fiscal 

25 year’’ and inserting ‘‘57 percent for 


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1 fiscal year 2023, 58 percent for fiscal 

2 year 2024, 59 percent for fiscal year 

3 2025, and 60 percent for fiscal year 

4 2026’’; 

5 (II) in clause (i) by striking ‘‘of 

6 over’’ and inserting ‘‘greater than’’; 

7 and 

8 (III) by striking clauses (ii) and 

9 (iii) and inserting the following: 

10 ‘‘(ii) in urbanized areas of the State 

11 with an urbanized area population greater 

12 than 49,999 and less than 200,001; 

13 ‘‘(iii) in urban areas of the State with 

14 a population greater than 4,999 and less 

15 than 50,000; and 

16 ‘‘(iv) in other areas of the State with 

17 a population less than 5,000; and’’; 

18 (B) by striking paragraph (3) and inserting 

19 the following: 

20 ‘‘(3) LOCAL COORDINATION AND CONSULTA21 TION.— 

22 ‘‘(A) COORDINATION WITH METROPOLITAN

23 PLANNING ORGANIZATIONS.—For purposes of 

24 paragraph (1)(A)(ii), a State shall— 


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1 ‘‘(i) establish a process to coordinate 

2 with all metropolitan planning organiza3 tions in the State that represent an urban4 ized area described in such paragraph; and 

5 ‘‘(ii) describe how funds described 

6 under paragraph (1)(A)(ii) will be allocated 

7 equitably among such urbanized areas dur8 ing the period of fiscal years 2023 through 

9 2026. 

10 ‘‘(B) JOINT RESPONSIBILITY.—Each State 

11 and the Secretary shall jointly ensure compli12 ance with subparagraph (A). 

13 ‘‘(C) CONSULTATION WITH REGIONAL

14 TRANSPORTATION PLANNING ORGANIZATIONS.— 

15 For purposes of clauses (iii) and (iv) of para16 graph (1)(A), before obligating funding attrib17 uted to an area with a population less than 

18 50,000, a State shall consult with the regional 

19 transportation planning organizations that rep20 resent the area, if any.’’; 

21 (C) in the heading for paragraph (4) by 

22 striking ‘‘OVER 200,000’’ and inserting ‘‘GREATER

23 THAN 200,000’’; 

24 (D) by striking paragraph (6) and insert25 ing the following: 


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1 ‘‘(6) TECHNICAL ASSISTANCE.— 

2 ‘‘(A) IN GENERAL.—The State and all met3 ropolitan planning organizations in the State 

4 that represent an urbanized area with a popu5 lation of greater than 200,000 may jointly estab6 lish a program to improve the ability of appli7 cants to deliver projects under this subsection in 

8 an efficient and expeditious manner and reduce 

9 the period of time between the selection of the 

10 project and the obligation of funds for the project 

11 by providing— 

12 ‘‘(i) technical assistance and training 

13 to applicants for projects under this sub14 section; and 

15 ‘‘(ii) funding for one or more full-time 

16 State, regional, or local government em17 ployee positions to administer this sub18 section. 

19 ‘‘(B) ELIGIBLE FUNDS.—To carry out this 

20 paragraph, a State or metropolitan planning or21 ganization may use funds made available under 

22 paragraphs (2) or (6) of section 104(b) 

23 ‘‘(C) USE OF FUNDS.—Amounts used under 

24 this paragraph may be expended— 


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1 ‘‘(i) directly by the State or metropoli2 tan planning organization; or 

3 ‘‘(ii) through contracts with State 

4 agencies, private entities, or nonprofit orga5 nizations.’’; 

6 (6) in subsection (e)— 

7 (A) in paragraph (1)— 

8 (i) by striking ‘‘over 200,000’’ and in9 serting ‘‘greater than 200,000’’; and 

10 (ii) by striking ‘‘2016 through 2020’’ 

11 and inserting ‘‘2023 through 2026’’; and 

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

13 ‘‘(3) ANNUAL AMOUNTS.—To the extent prac14 ticable, each State shall annually notify each affected 

15 metropolitan planning organization as to the amount 

16 of obligation authority that will be made available 

17 under paragraph (1) to each affected metropolitan 

18 planning organization for the fiscal year.’’; 

19 (7) by striking subsection (f) and inserting the 

20 following: 

21 ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 

22 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 

23 this subsection, the term ‘off-system bridge’ means a 

24 bridge located on a public road, other than a bridge 

25 on a Federal-aid highway. 


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1 ‘‘(2) SPECIAL RULE.— 

2 ‘‘(A) SET ASIDE.—Of the amounts appor3 tioned to a State for each fiscal year under this 

4 section other than the amounts described in sub5 paragraph (C), the State shall obligate for ac6 tivities described in subsection (b)(2) (as in effect 

7 on the day before the date of enactment of the 

8 FAST Act) for off-system bridges an amount 

9 that is not less than 20 percent of the amounts 

10 available to such State under this section in fis11 cal year 2020, not including the amounts de12 scribed in subparagraph (C). 

13 ‘‘(B) REDUCTION OF EXPENDITURES.—The 

14 Secretary, after consultation with State and 

15 local officials, may reduce the requirement for 

16 expenditures for off-system bridges under sub17 paragraph (A) with respect to the State if the 

18 Secretary determines that the State has inad19 equate needs to justify the expenditure. 

20 ‘‘(C) LIMITATIONS.—The following amounts 

21 shall not be used for the purposes of meeting the 

22 requirements of subparagraph (A): 

23 ‘‘(i) Amounts described in section 

24 133(d)(1)(A). 


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1 ‘‘(ii) Amounts set aside under section 

2 133(h). 

3 ‘‘(iii) Amounts described in section 

4 505(a). 

5 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID

6 HIGHWAYS.—Notwithstanding any other provision of 

7 law, with respect to any project not on a Federal-aid 

8 highway for the replacement of a bridge or rehabilita9 tion of a bridge that is wholly funded from State and 

10 local sources, is eligible for Federal funds under this 

11 section, is certified by the State to have been carried 

12 out in accordance with all standards applicable to 

13 such projects under this section, and is determined by 

14 the Secretary upon completion to be no longer a defi15 cient bridge— 

16 ‘‘(A) any amount expended after the date of 

17 enactment of this subsection from State and local 

18 sources for the project in excess of 20 percent of 

19 the cost of construction of the project may be 

20 credited to the non-Federal share of the cost of 

21 other bridge projects in the State that are eligible 

22 for Federal funds under this section; and 

23 ‘‘(B) that crediting shall be conducted in ac24 cordance with procedures established by the Sec25 retary.’’; and 


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1 (8) in subsection (g)— 

2 (A) in the heading by striking ‘‘5,000’’ and 

3 inserting ‘‘50,000’’; and 

4 (B) in paragraph (1) by striking ‘‘sub5 section (d)(1)(A)(ii)’’ and all that follows 

6 through the period at the end and inserting 

7 ‘‘clauses (iii) and (iv) of subsection (d)(1)(A) for 

8 each fiscal year may be obligated on roads func9 tionally classified as rural minor collectors or 

10 local roads or on critical rural freight corridors 

11 designated under section 167(e).’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chapter 

13 1 of title 23, United States Code, is amended by striking 

14 the item relating to section 133 and inserting the following: 

‘‘133. Surface transportation program.’’. 

15 (c) CONFORMING AMENDMENTS.— 

16 (1) ADVANCE ACQUISITION OF REAL PROP17 ERTY.—Section 108(c) of title 23, United States Code, 

18 is amended— 

19 (A) in paragraph (2)(A) by striking ‘‘block 

20 grant’’; and 

21 (B) in paragraph (3) by striking ‘‘block 

22 grant’’. 

23 (2) PUBLIC TRANSPORTATION.—Section 

24 142(e)(2) of title 23, United States Code, is amended 

25 by striking ‘‘block grant’’. 


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1 (3) HIGHWAY USE TAX EVASION PROJECTS.— 

2 Section 143(b)(8) of title 23, United States Code, is 

3 amended in the heading by striking ‘‘BLOCK GRANT’’. 

4 (4) CONGESTION MITIGATION AND AIR QUALITY

5 IMPROVEMENT PROGRAM.—Section 149(d) of title 23, 

6 United States Code, is amended— 

7 (A) in paragraph (1)(B) by striking ‘‘block 

8 grant’’; and 

9 (B) in paragraph (2)(A) by striking ‘‘block 

10 grant’’. 

11 (5) TERRITORIAL AND PUERTO RICO HIGHWAY

12 PROGRAM.—Section 165 of title 23, United States 

13 Code, is amended— 

14 (A) in subsection (b)(2)(A)(ii) by striking 

15 ‘‘block grant’’ each time such term appears; and 

16 (B) in subsection (c)(6)(A)(i) by striking 

17 ‘‘block grant’’. 

18 (6) MAGNETIC LEVITATION TRANSPORTATION

19 TECHNOLOGY DEPLOYMENT PROGRAM.—Section 

20 322(h)(3) of title 23, United States Code, is amended 

21 by striking ‘‘block grant’’. 

22 (7) TRAINING AND EDUCATION.—Section 

23 504(a)(4) of title 23, United States Code, is amended 

24 by striking ‘‘block grant’’. 


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1 SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 

2 Section 133(h) of title 23, United States Code, is 

3 amended to read as follows: 

4 ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM SET5 ASIDE.— 

6 ‘‘(1) SET ASIDE.—For each fiscal year, of the 

7 total funds apportioned to all States under section 

8 104(b)(2) for a fiscal year, the Secretary shall set 

9 aside an amount such that— 

10 ‘‘(A) the Secretary sets aside a total amount 

11 under this subsection for a fiscal year equal to 

12 10 percent of such total funds; and 

13 ‘‘(B) the State’s share of the amount set 

14 aside under subparagraph (A) is determined by 

15 multiplying the amount set aside under subpara16 graph (A) by the ratio that— 

17 ‘‘(i) the amount apportioned to the 

18 State for the transportation enhancement 

19 program for fiscal year 2009 under section 

20 133(d)(2), as in effect on the day before the 

21 date of enactment of MAP–21; bears to 

22 ‘‘(ii) the total amount of funds appor23 tioned to all States for the transportation 

24 enhancements program for fiscal year 2009. 

25 ‘‘(2) ALLOCATION WITHIN A STATE.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), funds set aside for a State 

3 under paragraph (1) shall be obligated within 

4 that State in the manner described in subsections 

5 (d) and (e), except that, for purposes of this 

6 paragraph (after funds are made available under 

7 paragraph (5))— 

8 ‘‘(i) for each fiscal year, the percentage 

9 referred to in paragraph (1)(A) of sub10 section (d) shall be deemed to be 66 percent; 

11 and 

12 ‘‘(ii) paragraph (3) of subsection (d) 

13 shall not apply. 

14 ‘‘(B) LOCAL CONTROL.— 

15 ‘‘(i) IN GENERAL.—A State may make 

16 available up to 100 percent of the funds set 

17 aside under paragraph (1) to the entities 

18 described in subclause (I) if the State sub19 mits to the Secretary, and the Secretary ap20 proves, a plan that describes— 

21 ‘‘(I) how such funds shall be made 

22 available to metropolitan planning or23 ganizations, regional transportation 

24 planning organizations, counties, or 


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1 other regional transportation authori2 ties; 

3 ‘‘(II) how the entities described in 

4 subclause (I) shall select projects for 

5 funding and how such entities shall re6 port selected projects to the State; 

7 ‘‘(III) the legal, financial, and 

8 technical capacity of such entities; and 

9 ‘‘(IV) the procedures in place to 

10 ensure such entities comply with the 

11 requirements of this title. 

12 ‘‘(ii) REQUIREMENT.—A State that 

13 makes funding available under a plan ap14 proved under this subparagraph shall make 

15 available an equivalent amount of obliga16 tion authority to an entity described in 

17 clause (i)(I) to whom funds are made avail18 able under this subparagraph. 

19 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside 

20 under this subsection may be obligated for any of the 

21 following projects or activities: 

22 ‘‘(A) Construction, planning, and design of 

23 on-road and off-road trail facilities for pedes24 trians, bicyclists, and other nonmotorized forms 

25 of transportation, including sidewalks, bicycle 


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1 infrastructure, pedestrian and bicycle signals, 

2 traffic calming techniques, lighting and other 

3 safety-related infrastructure, and transportation 

4 projects to achieve compliance with the Ameri5 cans with Disabilities Act of 1990 (42 U.S.C. 

6 12101 et seq.). 

7 ‘‘(B) Construction, planning, and design of 

8 infrastructure-related projects and systems that 

9 will provide safe routes for nondrivers, including 

10 children, older adults, and individuals with dis11 abilities to access daily needs. 

12 ‘‘(C) Conversion and use of abandoned rail13 road corridors for trails for pedestrians, 

14 bicyclists, or other nonmotorized transportation 

15 users. 

16 ‘‘(D) Construction of turnouts, overlooks, 

17 and viewing areas. 

18 ‘‘(E) Community improvement activities, 

19 including— 

20 ‘‘(i) inventory, control, or removal of 

21 outdoor advertising; 

22 ‘‘(ii) historic preservation and reha23 bilitation of historic transportation facili24 ties; 


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1 ‘‘(iii) vegetation management practices 

2 in transportation rights-of-way to improve 

3 roadway safety, prevent against invasive 

4 species, facilitate wildfire control, and pro5 vide erosion control; and 

6 ‘‘(iv) archaeological activities relating 

7 to impacts from implementation of a trans8 portation project eligible under this title. 

9 ‘‘(F) Any environmental mitigation activ10 ity, including pollution prevention and pollution 

11 abatement activities and mitigation to address 

12 stormwater management, control, and water pol13 lution prevention or abatement related to high14 way construction or due to highway runoff, in15 cluding activities described in sections 328(a) 

16 and 329. 

17 ‘‘(G) Projects and strategies to reduce vehi18 cle-caused wildlife mortality related to, or to re19 store and maintain connectivity among terres20 trial or aquatic habitats affected by, a transpor21 tation facility otherwise eligible for assistance 

22 under this subsection. 

23 ‘‘(H) The recreational trails program under 

24 section 206. 


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1 ‘‘(I) The safe routes to school program 

2 under section 211. 

3 ‘‘(J) Activities in furtherance of a vulner4 able road user assessment described in section 

5 148. 

6 ‘‘(K) Any other projects or activities de7 scribed in section 101(a)(29) or section 213, as 

8 such sections were in effect on the day before the 

9 date of enactment of the FAST Act (Public Law 

10 114–94). 

11 ‘‘(4) ACCESS TO FUNDS.— 

12 ‘‘(A) IN GENERAL.—A State, metropolitan 

13 planning organization required to obligate funds 

14 in accordance with paragraph (2)(A), or an en15 tity required to obligate funds in accordance 

16 with paragraph (2)(B) shall develop a competi17 tive process to allow eligible entities to submit 

18 projects for funding that achieve the objectives of 

19 this subsection. A metropolitan planning organi20 zation for an area described in subsection 

21 (d)(1)(A)(i) shall select projects under such proc22 ess in consultation with the relevant State. 

23 ‘‘(B) PRIORITY.—The processes described in 

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1 tion and impact in low-income, transit-depend2 ent, or other high-need areas. 

3 ‘‘(C) ELIGIBLE ENTITY DEFINED.—In this 

4 paragraph, the term ‘eligible entity’ means— 

5 ‘‘(i) a local government, including a 

6 county or multi-county special district; 

7 ‘‘(ii) a regional transportation author8 ity; 

9 ‘‘(iii) a transit agency; 

10 ‘‘(iv) a natural resource or public land 

11 agency; 

12 ‘‘(v) a school district, local education 

13 agency, or school; 

14 ‘‘(vi) a tribal government; 

15 ‘‘(vii) a metropolitan planning organi16 zation that serves an urbanized area with a 

17 population of 200,000 or fewer; 

18 ‘‘(viii) a nonprofit organization car19 rying out activities related to transpor20 tation; 

21 ‘‘(ix) any other local or regional gov22 ernmental entity with responsibility for or 

23 oversight of transportation or recreational 

24 trails (other than a metropolitan planning 

25 organization that serves an urbanized area 


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1 with a population of over 200,000 or a 

2 State agency) that the State determines to 

3 be eligible, consistent with the goals of this 

4 subsection; and 

5 ‘‘(x) a State, at the request of any enti6 ty listed in clauses (i) through (ix). 

7 ‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL

8 TRAILS PROJECTS.— 

9 ‘‘(A) IN GENERAL.—For each fiscal year, a 

10 State shall— 

11 ‘‘(i) obligate an amount of funds set 

12 aside under this subsection equal to 175 

13 percent of the amount of the funds appor14 tioned to the State for fiscal year 2009 

15 under section 104(h)(2), as in effect on the 

16 day before the date of enactment of MAP– 

17 21, for projects relating to recreational 

18 trails under section 206; 

19 ‘‘(ii) return 1 percent of the funds de20 scribed in clause (i) to the Secretary for the 

21 administration of such program; and 

22 ‘‘(iii) comply with the provisions of the 

23 administration of the recreational trails 

24 program under section 206, including the 


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1 use of apportioned funds described in sub2 section (d)(3)(A) of such section. 

3 ‘‘(B) STATE FLEXIBILITY.—A State may 

4 opt out of the recreational trails program under 

5 this paragraph if the Governor of the State noti6 fies the Secretary not later than 30 days prior 

7 to the date on which an apportionment is made 

8 under section 104 for any fiscal year. 

9 ‘‘(6) IMPROVING ACCESSIBILITY AND EFFI10 CIENCY.— 

11 ‘‘(A) IN GENERAL.—A State may use an 

12 amount equal to not more than 5 percent of the 

13 funds set aside for the State under this sub14 section, after allocating funds in accordance with 

15 paragraph (2)(A), to improve the ability of ap16 plicants to access funding for projects under this 

17 subsection in an efficient and expeditious man18 ner by providing— 

19 ‘‘(i) to applicants for projects under 

20 this subsection application assistance, tech21 nical assistance, and assistance in reducing 

22 the period of time between the selection of 

23 the project and the obligation of funds for 

24 the project; and 


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1 ‘‘(ii) funding for one or more full-time 

2 State employee positions to administer this 

3 subsection. 

4 ‘‘(B) USE OF FUNDS.—Amounts used under 

5 subparagraph (A) may be expended— 

6 ‘‘(i) directly by the State; or 

7 ‘‘(ii) through contracts with State 

8 agencies, private entities, or nonprofit enti9 ties. 

10 ‘‘(C) IMPROVING PROJECT DELIVERY.— 

11 ‘‘(i) IN GENERAL.—The Secretary shall 

12 take such action as may be necessary, con13 sistent with Federal requirements, to facili14 tate efficient and timely delivery of projects 

15 under this subsection that are small, low 

16 impact, and constructed within an existing 

17 built environment. 

18 ‘‘(ii) CONSIDERATIONS.—The Secretary 

19 shall consider the use of programmatic 

20 agreements, expedited or alternative pro21 curement processes (including project bun22 dling), and other effective practices to facili23 tate the goals of this paragraph. 

24 ‘‘(7) FEDERAL SHARE.— 

25 ‘‘(A) FLEXIBLE MATCH.— 


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1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 section 120— 

3 ‘‘(I) the non-Federal share for a 

4 project under this subsection may be 

5 calculated on a project, multiple6 project, or program basis; and 

7 ‘‘(II) the Federal share of the cost 

8 of an individual project in this sub9 section may be up to 100 percent. 

10 ‘‘(ii) AGGREGATE NON-FEDERAL

11 SHARE.—The average annual non-Federal 

12 share of the total cost of all projects for 

13 which funds are obligated under this sub14 section in a State for a fiscal year shall be 

15 not less than the non-Federal share author16 ized for the State under section 120. 

17 ‘‘(iii) REQUIREMENT.—This subpara18 graph shall only apply to a State if such 

19 State has adequate financial controls, as 

20 certified by the Secretary, to account for the 

21 average annual non-Federal share under 

22 this subparagraph. 

23 ‘‘(B) SAFETY PROJECTS.—Notwithstanding 

24 section 120, funds made available to carry out 

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1 eral share of the costs of a project under this sub2 section if the project— 

3 ‘‘(i) is a project described in section 

4 148(e)(1); and 

5 ‘‘(ii) is consistent with the State stra6 tegic highway safety plan (as defined in sec7 tion 148(a)). 

8 ‘‘(8) FLEXIBILITY.— 

9 ‘‘(A) STATE AUTHORITY.— 

10 ‘‘(i) IN GENERAL.—A State may use 

11 not more than 50 percent of the funds set 

12 aside under this subsection that are avail13 able for obligation in any area of the State 

14 (suballocated consistent with the require15 ments of subsection (d)(1)(B)) for any pur16 pose eligible under subsection (b). 

17 ‘‘(ii) RESTRICTION.—Funds may be 

18 used as described in clause (i) only if the 

19 State demonstrates to the Secretary— 

20 ‘‘(I) that the State held a competi21 tion in compliance with the require22 ments of this subsection in such form 

23 as the Secretary determines appro24 priate; 


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1 ‘‘(II) that the State offered tech2 nical assistance to all eligible entities 

3 and provided such assistance upon re4 quest by an eligible entity; and 

5 ‘‘(III) that there were not suffi6 cient suitable applications from eligible 

7 entities to use the funds described in 

8 clause (i). 

9 ‘‘(B) MPO AUTHORITY.— 

10 ‘‘(i) IN GENERAL.—A metropolitan 

11 planning organization that represents an 

12 urbanized area with a population of greater 

13 than 200,000 may use not more than 50 

14 percent of the funds set aside under this 

15 subsection for an urbanized area described 

16 in subsection (d)(1)(A)(i) for any purpose 

17 eligible under subsection (b). 

18 ‘‘(ii) RESTRICTION.—Funds may be 

19 used as described in clause (i) only if the 

20 Secretary certifies that the metropolitan 

21 planning organization— 

22 ‘‘(I) held a competition in compli23 ance with the requirements of this sub24 section in such form as the Secretary 

25 determines appropriate; and 


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1 ‘‘(II) demonstrates that there were 

2 not sufficient suitable applications 

3 from eligible entities to use the funds 

4 described in clause (i). 

5 ‘‘(9) ANNUAL REPORTS.— 

6 ‘‘(A) IN GENERAL.—Each State or metro7 politan planning organization responsible for 

8 carrying out the requirements of this subsection 

9 shall submit to the Secretary an annual report 

10 that describes— 

11 ‘‘(i) the number of project applications 

12 received for each fiscal year, including— 

13 ‘‘(I) the aggregate cost of the 

14 projects for which applications are re15 ceived; and 

16 ‘‘(II) the types of projects by eligi17 bility category to be carried out, ex18 pressed as percentages of the total ap19 portionment of the State under this 

20 subsection; and 

21 ‘‘(ii) the list of each project selected for 

22 funding for each fiscal year, including 

23 specifying the fiscal year for which the 

24 project was selected, the fiscal year in which 

25 the project is anticipated to be funded, the 


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1 recipient, the funding sources (including 

2 non-Federal match), the project status, the 

3 specific location, the congressional district, 

4 the type by eligibility category, and a brief 

5 description. 

6 ‘‘(B) PUBLIC AVAILABILITY.—The Secretary 

7 shall make available to the public, in a user8 friendly format on the website of the Department 

9 of Transportation, a copy of each annual report 

10 submitted under subparagraph (A).’’. 

11 SEC. 1207. BRIDGE INVESTMENT. 

12 (a) IN GENERAL.—Section 144 of title 23, United 

13 States Code, is amended— 

14 (1) in the section heading by striking ‘‘Na15 tional bridge and tunnel inventory and 

16 inspection standards’’ and inserting ‘‘Bridges 

17 and tunnels’’; 

18 (2) in subsection (a)(1)(B) by striking ‘‘defi19 cient’’; 

20 (3) in subsection (b)(5) by striking ‘‘structurally 

21 deficient bridge’’ and inserting ‘‘bridge classified as 

22 in poor condition’’; 

23 (4) in subsection (d)— 


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1 (A) in paragraph (2) by striking ‘‘Not later 

2 than 2 years after the date of enactment of the 

3 MAP–21, each’’ and inserting ‘‘Each’’; and 

4 (B) by striking paragraph (4); 

5 (5) in subsection (j)— 

6 (A) in paragraph (2) by inserting ‘‘, 124,’’ 

7 after ‘‘section 119’’; 

8 (B) in paragraph (3)(A) by inserting ‘‘, 

9 124,’’ after ‘‘section 119’’; and 

10 (C) in paragraph (5) by striking ‘‘financial 

11 characteristics’’ and all that follows through the 

12 end and inserting ‘‘Federal share.’’; and 

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

14 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHABILI15 TATION.— 

16 ‘‘(1) GOALS.—The goals of this subsection shall 

17 be to— 

18 ‘‘(A) support the achievement of a state of 

19 good repair for the Nation’s bridges; 

20 ‘‘(B) improve the safety, efficiency, and reli21 ability of the movement of people and freight 

22 over bridges; and 

23 ‘‘(C) improve the condition of bridges in the 

24 United States by reducing— 

25 ‘‘(i) the number of bridges— 


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1 ‘‘(I) in poor condition; or 

2 ‘‘(II) in fair condition and at risk 

3 of falling into poor condition; 

4 ‘‘(ii) the total person miles traveled 

5 over bridges— 

6 ‘‘(I) in poor condition; or 

7 ‘‘(II) in fair condition and at risk 

8 of falling into poor condition; 

9 ‘‘(iii) the number of bridges that— 

10 ‘‘(I) do not meet current geometric 

11 design standards; or 

12 ‘‘(II) cannot meet the load and 

13 traffic requirements typical of the re14 gional transportation network; and 

15 ‘‘(iv) the total person miles traveled 

16 over bridges that— 

17 ‘‘(I) do not meet current geometric 

18 design standards; or 

19 ‘‘(II) cannot meet the load and 

20 traffic requirements typical of the re21 gional transportation network. 

22 ‘‘(2) BRIDGES ON PUBLIC ROADS.— 

23 ‘‘(A) MINIMUM BRIDGE INVESTMENT.—Ex24 cluding the amounts described in subparagraph 

25 (C), of the total funds apportioned to a State 


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1 under paragraphs (1) and (2) of section 104(b) 

2 for fiscal years 2023 to 2026, a State shall obli3 gate not less than 20 percent for projects de4 scribed in subparagraph (E). 

5 ‘‘(B) PROGRAM FLEXIBILITY.—A State re6 quired to obligate funds under subparagraph (A) 

7 may use any combination of funds apportioned 

8 to a State under paragraphs (1) and (2) of sec9 tion 104(b). 

10 ‘‘(C) LIMITATION.—Amounts described 

11 below may not be used for the purposes of calcu12 lating or meeting the minimum bridge invest13 ment requirement under subparagraph (A)— 

14 ‘‘(i) amounts described in section 

15 133(d)(1)(A); 

16 ‘‘(ii) amounts set aside under section 

17 133(h); and 

18 ‘‘(iii) amounts described in section 

19 505(a). 

20 ‘‘(D) RULE OF CONSTRUCTION.—Nothing in 

21 this section shall be construed to prohibit the ex22 penditure of funds described in subparagraph 

23 (C) for bridge projects eligible under such sec24 tion. 


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1 ‘‘(E) ELIGIBLE PROJECTS.—Funds required 

2 to be obligated in accordance with paragraph 

3 (2)(A) may be obligated for projects or activities 

4 that— 

5 ‘‘(i) are otherwise eligible under either 

6 section 119 or section 133, as applicable; 

7 ‘‘(ii) support the achievement of per8 formance targets of the State established 

9 under section 150, are consistent with the 

10 transportation asset management plan of 

11 the State, or provide support for the condi12 tion and performance of bridges on public 

13 roads within the State; and 

14 ‘‘(iii) remove, replace, reconstruct, re15 habilitate, preserve, or protect a bridge in16 cluded on the national bridge inventory au17 thorized by subsection (b), including 

18 through— 

19 ‘‘(I) seismic retrofits; 

20 ‘‘(II) systematic preventive main21 tenance; 

22 ‘‘(III) installation of scour coun23 termeasures; 

24 ‘‘(IV) the use of innovative mate25 rials that extend the service life of the 


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1 bridge and reduce preservation costs, 

2 as compared to conventionally designed 

3 and constructed bridges; 

4 ‘‘(V) the use of nontraditional 

5 production techniques, including fac6 tory prefabrication; 

7 ‘‘(VI) painting for purposes of 

8 bridge protection; 

9 ‘‘(VII) application of calcium 

10 magnesium acetate, sodium acetate/for11 mate, or other environmentally accept12 able, minimally corrosive anti-icing 

13 and deicing compositions; 

14 ‘‘(VIII) corrosion control; 

15 ‘‘(IX) construction of protective 

16 features (including natural infrastruc17 ture) alone or in combination with 

18 other activities eligible under this 

19 paragraph to enhance resilience of a 

20 bridge; 

21 ‘‘(X) bridge security counter22 measures; 

23 ‘‘(XI) impact protection measures 

24 for bridges; 


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1 ‘‘(XII) inspection and evaluation 

2 of bridges; 

3 ‘‘(XIII) training for bridge in4 spectors consistent with subsection (i); 

5 and 

6 ‘‘(XIV) removal of a bridge classi7 fied as in poor condition in order to 

8 improve community connectivity. 

9 ‘‘(F) BUNDLES OF PROJECTS.—A State 

10 may use a bundle of projects as described in sub11 section (j) to satisfy the requirements of subpara12 graph (A), if each project in the bundle is other13 wise eligible under subparagraph (E). 

14 ‘‘(G) FLEXIBILITY.—The Secretary may, at 

15 the request of a State, reduce the required obliga16 tion under subparagraph (A) if— 

17 ‘‘(i) the reduction is consistent with a 

18 State’s asset management plan for the Na19 tional Highway System; 

20 ‘‘(ii) the reduction will not limit a 

21 State’s ability to meet its performance tar22 gets under section 150 or to improve the 

23 condition and performance of bridges on 

24 public roads within the State; and 


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1 ‘‘(iii) the State demonstrates that it 

2 has inadequate needs to justify the expendi3 ture. 

4 ‘‘(H) BRIDGE INVESTMENT REPORT.—The 

5 Secretary shall annually publish on the website 

6 of the Department of Transportation a bridge in7 vestment report that includes— 

8 ‘‘(i) the total Federal funding obligated 

9 for bridge projects in the most recent fiscal 

10 year, on a State-by-State basis and broken 

11 out by Federal program; 

12 ‘‘(ii) the total Federal funding obli13 gated, on a State-by-State basis and broken 

14 out by Federal program, for bridge projects 

15 carried out pursuant to the minimum 

16 bridge investment requirements under sub17 paragraph (A); 

18 ‘‘(iii) the progress made by each State 

19 toward meeting the minimum bridge invest20 ment requirement under subparagraph (A) 

21 for such State, both cumulatively and for 

22 the most recent fiscal year; 

23 ‘‘(iv) a summary of— 

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1 tion in the minimum bridge invest2 ment requirement under subparagraph 

3 (A); and 

4 ‘‘(II) for each request described in 

5 subclause (I) that is granted by the 

6 Secretary— 

7 ‘‘(aa) the percentage and dol8 lar amount of the reduction; and 

9 ‘‘(bb) an explanation of how 

10 the State met each of the criteria 

11 described in subparagraph (G); 

12 and 

13 ‘‘(v) a summary of— 

14 ‘‘(I) each request made by a State 

15 for a reduction in the obligation re16 quirements under section 133(f); and 

17 ‘‘(II) for each request that is 

18 granted by the Secretary— 

19 ‘‘(aa) the percentage and dol20 lar amount of the reduction; and 

21 ‘‘(bb) an explanation of how 

22 the Secretary made the determina23 tion under section 133(f)(2)(B). 

24 ‘‘(I) OFF-SYSTEM BRIDGES.—A State may 

25 apply amounts obligated under this subsection or 


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1 section 133(f)(2)(A) to the obligation require2 ments of both this subsection and section 133(f). 

3 ‘‘(J) NHS PENALTY.—A State may apply 

4 amounts obligated under this subsection or sec5 tion 119(f)(2) to the obligation requirements of 

6 both this subsection and section 119(f)(2). 

7 ‘‘(K) COMPLIANCE.—If a State fails to sat8 isfy the requirements of subparagraph (A) by the 

9 end of fiscal year 2025, the Secretary may sub10 ject the State to appropriate program sanctions 

11 under section 1.36 of title 23, Code of Federal 

12 Regulations (or successor regulations).’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for chapter 

14 1 of title 23, United States Code, is amended by striking 

15 the item relating to section 144 and inserting the following: 

‘‘144. Bridges and tunnels.’’. 

16 SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 

17 TERMINAL FACILITIES. 

18 Section 147 of title 23, United States Code, is amend19 ed— 

20 (1) by striking subsection (h); and 

21 (2) by redesignating subsections (i) and (j) as 

22 subsections (h) and (i), respectively. 

23 SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

24 (a) IN GENERAL.—Section 148 of title 23, United 

25 States Code, is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (4)(B)— 

3 (i) by striking ‘‘only includes a 

4 project’’ and inserting ‘‘includes a project’’; 

5 (ii) in clause (xiii) by inserting ‘‘, in6 cluding the development of a vulnerable 

7 road user safety assessment or a vision zero 

8 plan under section 1601 of the INVEST in 

9 America Act’’ after ‘‘safety planning’’; 

10 (iii) by amending clause (xviii) to read 

11 as follows: 

12 ‘‘(xviii) Safe routes to school infra13 structure-related projects eligible under sec14 tion 211.’’; 

15 (iv) in clause (xxvi) by inserting ‘‘or 

16 leading pedestrian intervals’’ after ‘‘hybrid 

17 beacons’’; and 

18 (v) by striking clause (xxviii) and in19 serting the following: 

20 ‘‘(xxviii) A pedestrian security feature 

21 designed to slow or stop a motor vehicle. 

22 ‘‘(xxix) Installation of infrastructure 

23 improvements, including sidewalks, cross24 walks, signage, and bus stop shelters or pro25 tected waiting areas.’’; 


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1 (B) in paragraph (11)— 

2 (i) in subparagraph (A)— 

3 (I) in clause (ix) by striking 

4 ‘‘and’’ at the end; 

5 (II) by redesignating clause (x) as 

6 clause (xi); and 

7 (III) by inserting after clause (ix) 

8 the following: 

9 ‘‘(x) State or local representatives of 

10 educational agencies to address safe routes 

11 to school and schoolbus safety; and’’; 

12 (ii) in subparagraph (E) by inserting 

13 ‘‘Tribal,’’ after ‘‘State,’’; 

14 (iii) by redesignating subparagraphs 

15 (G), (H), and (I) as subparagraphs (H), 

16 (I), and (J), respectively; and 

17 (iv) by inserting after subparagraph 

18 (F) the following: 

19 ‘‘(G) includes a vulnerable road user safety 

20 assessment described under paragraph (16);’’; 

21 (C) by redesignating paragraphs (10), (11), 

22 and (12) as paragraphs (12), (13), and (14), re23 spectively; 

24 (D) by inserting after paragraph (9) the fol25 lowing: 


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1 ‘‘(10) SAFE SYSTEM APPROACH.—The term ‘safe 

2 system approach’ means a roadway design that em3 phasizes minimizing the risk of injury or fatality to 

4 road users and that— 

5 ‘‘(A) takes into consideration the possibility 

6 and likelihood of human error; 

7 ‘‘(B) accommodates human injury tolerance 

8 by taking into consideration likely crash types, 

9 resulting impact forces, and the human body’s 

10 ability to withstand such forces; and 

11 ‘‘(C) takes into consideration vulnerable 

12 road users. 

13 ‘‘(11) SPECIFIED SAFETY PROJECT.— 

14 ‘‘(A) IN GENERAL.—The term ‘specified 

15 safety project’ means a project carried out for the 

16 purpose of safety under any other section of this 

17 title that is consistent with the State strategic 

18 highway safety plan. 

19 ‘‘(B) INCLUSION.—The term ‘specified safe20 ty project’ includes a project that— 

21 ‘‘(i) promotes public awareness and in22 forms the public regarding highway safety 

23 matters (including safety for motorcyclists, 

24 bicyclists, pedestrians, individuals with dis25 abilities, and other road users); 


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1 ‘‘(ii) facilitates enforcement of traffic 

2 safety laws; 

3 ‘‘(iii) provides infrastructure and in4 frastructure-related equipment to support 

5 emergency services; 

6 ‘‘(iv) conducts safety-related research to 

7 evaluate experimental safety counter8 measures or equipment; or 

9 ‘‘(v) supports safe routes to school non10 infrastructure-related activities described 

11 under section 211(e)(2).’’; and 

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

13 ‘‘(15) TRANSPORTATION MANAGEMENT AREA.— 

14 The term ‘transportation management area’ means 

15 an area designated under section 134(k). 

16 ‘‘(16) VULNERABLE ROAD USER.—The term ‘vul17 nerable road user’ means a nonmotorist— 

18 ‘‘(A) with a fatality analysis reporting sys19 tem person attribute code that is included in the 

20 definition of the term ‘number of non-motorized 

21 fatalities’ in section 490.205 of title 23, Code of 

22 Federal Regulations (or successor regulation); or 

23 ‘‘(B) described in the term ‘number of non24 motorized serious injuries’ in such section. 


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1 ‘‘(17) VULNERABLE ROAD USER SAFETY ASSESS2 MENT.—The term ‘vulnerable road user safety assess3 ment’ means an assessment of the safety performance 

4 of the State or a metropolitan planning organization 

5 within the State with respect to vulnerable road users 

6 and the plan of the State or metropolitan planning 

7 organization to improve the safety of vulnerable road 

8 users described in subsection (l).’’; 

9 (2) in subsection (c)— 

10 (A) in paragraph (1) by striking ‘‘(a)(11)’’ 

11 and inserting ‘‘(a)(13)’’; and 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (A)(vi) by insert14 ing ‘‘, consistent with the vulnerable road 

15 user safety assessment’’ after ‘‘nonmotorized 

16 crashes’’; 

17 (ii) in subparagraph (B)(i)— 

18 (I) by inserting ‘‘, consistent with 

19 a safe system approach,’’ after ‘‘iden20 tify’’; 

21 (II) by inserting ‘‘excessive design 

22 speeds and speed limits,’’ after ‘‘cross23 ing needs,’’; and 

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1 destrians, and other highway users’’ 

2 and inserting ‘‘road users’’; and 

3 (iii) in subparagraph (D)(iii) by strik4 ing ‘‘motorists (including motorcyclists), 

5 bicyclists, pedestrians, persons with disabil6 ities, and other highway users’’ and insert7 ing ‘‘road users’’; 

8 (3) in subsection (d)— 

9 (A) in paragraph (1)— 

10 (i) in subparagraph (A) by striking 

11 ‘‘Not later than 1 year after the date of en12 actment of the MAP–21, the’’ and inserting 

13 ‘‘The’’; and 

14 (ii) in subparagraph (B)— 

15 (I) in clause (iv) by inserting 

16 ‘‘and serious injury’’ after ‘‘fatality’’; 

17 (II) in clause (vii) by striking ‘‘; 

18 and’’ and inserting a semicolon; 

19 (III) by redesignating clause 

20 (viii) as clause (ix); and 

21 (IV) by inserting after clause (vii) 

22 the following: 

23 ‘‘(viii) the findings of a vulnerable 

24 road user safety assessment of the State; 

25 and’’; and 


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1 (B) in paragraph (2)(B)(i) by striking 

2 ‘‘subsection (a)(11)’’ and inserting ‘‘subsection 

3 (a)(13)’’; 

4 (4) in subsection (e)— 

5 (A) in paragraph (1)(C) by striking ‘‘, 

6 without regard to whether the project is included 

7 in an applicable State strategic highway safety 

8 plan’’; and 

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

10 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY

11 PROJECTS.— 

12 ‘‘(A) IN GENERAL.—To advance the imple13 mentation of a State strategic highway safety 

14 plan, a State may use not more than 10 percent 

15 of the amounts apportioned to the State under 

16 section 104(b)(3) for a fiscal year to carry out 

17 specified safety projects. 

18 ‘‘(B) RULE OF STATUTORY CONSTRUC19 TION.—Nothing in this paragraph shall be con20 strued to require a State to revise any State 

21 process, plan, or program in effect on the date of 

22 enactment of this paragraph. 

23 ‘‘(C) EFFECT OF PARAGRAPH.— 

24 ‘‘(i) REQUIREMENTS.—A project fund25 ed under this paragraph shall be subject to 


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1 all requirements under this section that 

2 apply to a highway safety improvement 

3 project. 

4 ‘‘(ii) OTHER APPORTIONED PRO5 GRAMS.—Subparagraph (A) shall not apply 

6 to amounts that may be obligated for non7 infrastructure projects apportioned under 

8 any other paragraph of section 104(b).’’; 

9 (5) in subsection (g)— 

10 (A) by amending paragraph (1) to read as 

11 follows: 

12 ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 

13 ‘‘(A) IN GENERAL.—If the Secretary deter14 mines that the fatality rate on rural roads in a 

15 State for the most recent 2-year period for which 

16 data are available exceeds the median fatality 

17 rate for rural roads among all States, such State 

18 shall be required to— 

19 ‘‘(i) obligate over the 2 fiscal years fol20 lowing the fiscal year in which such deter21 mination is made for projects on high-risk 

22 rural roads an amount not less than 7.5 

23 percent of the amounts apportioned to the 

24 State under section 104(b)(3) for fiscal year 

25 2020; and 


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1 ‘‘(ii) include, in the subsequent update 

2 to the State strategic highway safety plan, 

3 strategies to reduce the fatality rate. 

4 ‘‘(B) SOURCE OF FUNDS.—Any amounts ob5 ligated under subparagraph (A) shall be from 

6 amounts described under section 133(d)(1)(B). 

7 ‘‘(C) ANNUAL DETERMINATION.—The deter8 mination described under subparagraph (A) 

9 shall be made on an annual basis. 

10 ‘‘(D) CONSULTATION.—In carrying out a 

11 project with an amount obligated under subpara12 graph (A), a State shall consult with, as appli13 cable, local governments, metropolitan planning 

14 organizations, and regional transportation plan15 ning organizations.’’; 

16 (B) in paragraph (2)— 

17 (i) in the heading by striking ‘‘DRIV18 ERS’’ and inserting ‘‘ROAD USERS’’; 

19 (ii) by striking ‘‘drivers and pedes20 trians’’ and inserting ‘‘road users’’; and 

21 (iii) by striking ‘‘address the increases 

22 in’’ and inserting ‘‘reduce’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(3) VULNERABLE ROAD USER SAFETY.— 

25 ‘‘(A) HIGH RISK STATES.— 


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1 ‘‘(i) ANNUAL DETERMINATION.—Begin2 ning on the date of enactment of the IN3 VEST in America Act, the Secretary shall 

4 determine on an annual basis whether the 

5 number of vulnerable road user fatalities 

6 and serious injuries per capita in a State 

7 over the most recent 2-year period for which 

8 data are available exceeds the median num9 ber fatalities in all such areas over such 2- 

10 year period. 

11 ‘‘(ii) OBLIGATION REQUIREMENT.—If 

12 the Secretary determines that the number of 

13 vulnerable road user fatalities and serious 

14 injuries per capita in a State over the most 

15 recent 2-year period for which data are 

16 available exceeds the median number of such 

17 fatalities and serious injuries per capita 

18 over such 2-year period among all States, 

19 that State shall be required to obligate over 

20 the 2 fiscal years following the fiscal year 

21 in which such determination is made an 

22 amount that is not less than 50 percent of 

23 the amount set aside in such State under 

24 section 133(h)(1) for fiscal year 2020 (less 

25 any amounts obligated for projects in that 


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1 State as required by subparagraph (B)(ii)) 

2 for— 

3 ‘‘(I) in the first two fiscal years 

4 after the enactment of the INVEST in 

5 America Act— 

6 ‘‘(aa) performing the vulner7 able road user safety assessment 

8 as required by subsection (l); 

9 ‘‘(bb) providing matching 

10 funds for transportation alter11 natives safety projects as identi12 fied in section 133(h)(7)(B); or 

13 ‘‘(cc) projects eligible under 

14 subparagraphs (A), (B), (C), or 

15 (I) of section 133(h); and 

16 ‘‘(II) in each 2-year period there17 after, projects identified in the pro18 gram of projects described in subsection 

19 (l)(2)(C). 

20 ‘‘(B) HIGH RISK AREAS.— 

21 ‘‘(i) ANNUAL DETERMINATION.—The 

22 Secretary shall determine on an annual 

23 basis whether the number of vulnerable road 

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1 cent 2-year period for which data are avail2 able exceeds the median number fatalities in 

3 all such areas over such 2-year period. 

4 ‘‘(ii) OBLIGATION REQUIREMENT.—If 

5 the Secretary determines that the number of 

6 vulnerable road user fatalities per capita in 

7 the transportation management area over 

8 the most recent 2-year period for which 

9 data are available exceeds the median num10 ber of such fatalities over such 2-year period 

11 among all such areas, then there shall be re12 quired to be obligated over the 2 fiscal years 

13 following the fiscal year in which such de14 termination is made, for projects identified 

15 in the program of projects described in sub16 section (l)(7)(C), an amount that is not less 

17 than 50 percent of the amount set aside for 

18 that urbanized area under section 133(h)(2) 

19 for fiscal year 2020. 

20 ‘‘(iii) APPLICABILITY.—The obligation 

21 requirement described in clause (ii) shall 

22 not take effect until the subject metropolitan 

23 planning organization has developed the 

24 vulnerable road user safety assessment de25 scribed in subsection (l)(7). 


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1 ‘‘(C) SOURCE OF FUNDS.— 

2 ‘‘(i) IN GENERAL.—Any amounts re3 quired to be obligated under this paragraph 

4 shall be from amounts apportioned under 

5 section 104(b) except for— 

6 ‘‘(I) amounts described in section 

7 133(d)(1)(A); and 

8 ‘‘(II) amounts set aside under sec9 tion 133(h). 

10 ‘‘(ii) AREAS IN A HIGH RISK STATE.— 

11 If an area subject to the obligation require12 ment described in subparagraph (B)(ii) is 

13 located in a State required to obligate funds 

14 to vulnerable road user safety under sub15 paragraph (A)(ii), any obligations in such 

16 State for projects identified in the program 

17 of projects described in subsection (l)(7)(C) 

18 shall count toward such State’s obligation 

19 requirement under subparagraph (A)(ii).’’; 

20 (6) in subsection (h)(1)(A)— 

21 (A) by inserting ‘‘, including any efforts to 

22 reduce vehicle speed’’ after ‘‘under this section’’; 

23 and 


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1 (B) by inserting ‘‘and projects identified 

2 under a vulnerable road user safety assessment’’ 

3 after ‘‘projects’’; and 

4 (7) by adding at the end the following: 

5 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS6 MENT.— 

7 ‘‘(1) IN GENERAL.—Not later than 1 year after 

8 date of enactment of the INVEST in America Act, 

9 each State shall create a vulnerable road user safety 

10 assessment. 

11 ‘‘(2) CONTENTS.—A vulnerable road user safety 

12 assessment required under paragraph (1) shall in13 clude— 

14 ‘‘(A) a description of the location within the 

15 State of each vulnerable road user fatality and 

16 serious injury, including, if available, the design 

17 speed of the roadway at any such location; 

18 ‘‘(B) a description of any corridors identi19 fied by a State, in coordination with local gov20 ernments, metropolitan planning organizations, 

21 and regional transportation planning organiza22 tions that pose a high risk of a vulnerable road 

23 user fatality or serious injury, including, if 

24 available, the design speeds of such corridors; 

25 and 


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1 ‘‘(C) a program of projects or strategies to 

2 reduce safety risks to vulnerable road users in 

3 corridors identified under subparagraph (B), in 

4 coordination with local governments, metropoli5 tan planning organizations, and regional trans6 portation planning organizations that represent 

7 a high-risk area identified under subparagraph 

8 (B). 

9 ‘‘(3) ANALYSIS.—In creating a vulnerable road 

10 user safety assessment under this subsection, a State 

11 shall assess the last 5 years of available data. 

12 ‘‘(4) REQUIREMENTS.—In creating a vulnerable 

13 road user safety assessment under this subsection, a 

14 State shall— 

15 ‘‘(A) take into consideration a safe system 

16 approach; and 

17 ‘‘(B) coordinate with local governments, 

18 metropolitan planning organizations, and re19 gional transportation planning organizations 

20 that represent a high-risk area identified under 

21 paragraph (2)(B). 

22 ‘‘(5) UPDATE.—A State shall update a vulner23 able road user safety assessment on the same schedule 

24 as the State updates the State strategic highway safe25 ty plan. 


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

2 program of projects developed under paragraph (2)(C) 

3 may not degrade transportation system access for vul4 nerable road users. 

5 ‘‘(7) URBANIZED AREA ASSESSMENTS.— 

6 ‘‘(A) IN GENERAL.—A metropolitan plan7 ning organization representing a transportation 

8 management area shall, in consultation with 

9 local governments in such area, complete a vul10 nerable road user safety assessment based on the 

11 most recent 5 years of available data at least 

12 once every 4 years. 

13 ‘‘(B) CONTENTS.—The assessment completed 

14 under subparagraph (A) shall include— 

15 ‘‘(i) a description of the location with16 in the area of each vulnerable road user fa17 tality and, if available, serious injury; 

18 ‘‘(ii) a description of any corridors 

19 that represent a high-risk area identified 

20 under paragraph (2)(B) or have otherwise 

21 been identified by the metropolitan plan22 ning organization or local government that 

23 pose a high risk of a vulnerable road user 

24 fatality or serious injury; and 


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1 ‘‘(iii) a program of projects or strate2 gies to reduce safety risks to vulnerable road 

3 users in corridors identified under subpara4 graph (B).’’. 

5 (b) TECHNICAL AMENDMENT.—Section 148 of title 23, 

6 United States Code, is amended— 

7 (1) in the heading for subsection (a)(8) by strik8 ing ‘‘ROAD USERS’’ and inserting ‘‘ROAD USER’’; and 

9 (2) in subsection (i)(2)(D) by striking ‘‘safety 

10 safety’’ and inserting ‘‘safety’’. 

11 (c) HIGH-RISK RURAL ROADS.— 

12 (1) STUDY.—Not later than 2 years after the 

13 date of enactment of this Act, the Secretary of Trans14 portation shall update the study described in para15 graph (1) of section 1112(b) of MAP–21 (23 U.S.C. 

16 148 note). 

17 (2) PUBLICATION OF REPORT.—Not later than 2 

18 years after the date of enactment of this Act, the Sec19 retary shall publish on the website of the Department 

20 of Transportation an updated report of the report de21 scribed in paragraph (2) of section 1112(b) of MAP– 

22 21 (23 U.S.C. 148 note). 

23 (3) BEST PRACTICES MANUAL.—Not later than 

24 180 days after the date of submission of the report de25 scribed in paragraph (2), the Secretary shall update 


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1 the best practices manual described in section 

2 1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 

3 SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM4 PROVEMENT PROGRAM. 

5 Section 149 of title 23, United States Code, is amend6 ed— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1)(A)(ii) by striking 

9 ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 

10 (B) in paragraph (7) by inserting ‘‘shared 

11 micromobility (including bikesharing and shared 

12 scooter systems), publicly accessible charging sta13 tions, docks, and storage for electric bicycles and 

14 micromobility devices,’’ after ‘‘carsharing’’; 

15 (C) in paragraph (8)(B) by striking ‘‘; or’’ 

16 and inserting a semicolon; 

17 (D) in paragraph (9) by striking the period 

18 and inserting ‘‘; or’’; and 

19 (E) by adding at the end the following: 

20 ‘‘(10) if the project or program mitigates sea21 sonal or temporary traffic congestion from long-haul 

22 travel or tourism.’’; 

23 (2) in subsection (c)— 

24 (A) in paragraph (2)— 


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1 (i) in the heading by inserting ‘‘, HY2 DROGEN VEHICLE,’’ after ‘‘ELECTRIC VEHI3 CLE’’; 

4 (ii) by inserting ‘‘hydrogen or’’ after 

5 ‘‘charging stations or’’; and 

6 (iii) by inserting ‘‘, hydrogen-pow7 ered,’’ after ‘‘battery powered’’; and 

8 (B) in paragraph (3) by inserting ‘‘, and is 

9 consistent with section 166’’ after ‘‘travel times’’; 

10 and 

11 (3) by striking subsection (m) and inserting the 

12 following: 

13 ‘‘(m) OPERATING ASSISTANCE.— 

14 ‘‘(1) PROJECTS.—A State may obligate funds 

15 apportioned under section 104(b)(4) in an area of 

16 such State that is otherwise eligible for obligations of 

17 such funds for operating costs under chapter 53 of 

18 title 49 or on a system for which CMAQ funding was 

19 made available, obligated, or expended in fiscal year 

20 2012, or, notwithstanding subsection (b), on a State21 supported Amtrak route with a cost-sharing agree22 ment under section 209 of the Passenger Rail Invest23 ment and Improvement Act of 2008 or alternative 

24 cost allocation under section 24712(g)(3) of title 49. 


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1 ‘‘(2) TIME LIMITATION.—In determining the 

2 amount of time for which a State may obligate funds 

3 under paragraph (1) for operating assistance for an 

4 area of a State or on a system, the Secretary shall 

5 allow such obligations to occur, in such area or on 

6 such system— 

7 ‘‘(A) with a time limitation of not less than 

8 3 years; and 

9 ‘‘(B) in the case of projects that demonstrate 

10 continued net air quality benefits beyond 3 

11 years, as determined annually by the Secretary 

12 in consultation with the Administrator of the 

13 Environmental Protection Agency, with no im14 posed time limitation.’’. 

15 SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 

16 (a) ELECTRIC VEHICLE CHARGING STATIONS.—Chap17 ter 1 of title 23, United States Code, is amended by insert18 ing after section 154 the following new section: 

19 ‘‘§ 155. Electric vehicle charging stations 

20 ‘‘(a) IN GENERAL.—Any electric vehicle charging in21 frastructure funded under this title shall be subject to the 

22 requirements of this section. 

23 ‘‘(b) INTEROPERABILITY.—An electric vehicle charging 

24 station funded under this title shall— 


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1 ‘‘(1) provide a charging connector type or means 

2 to transmit electricity to vehicles that meets applica3 ble industry accepted practices and safety standards; 

4 and 

5 ‘‘(2) have the ability to serve vehicles produced 

6 by more than one vehicle manufacturer. 

7 ‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 

8 charging stations shall provide payment methods available 

9 to all members of the public to ensure secure, convenient, 

10 and equal access and shall not be limited by membership 

11 to a particular payment provider. 

12 ‘‘(d) NETWORK CAPABILITY.—An electric vehicle 

13 charging station funded under this title shall be capable of 

14 being remotely monitored. 

15 ‘‘(e) GUIDANCE.—Not less than 180 days after enact16 ment of the INVEST in America Act, the Secretary of 

17 Transportation, in coordination with the Secretary of En18 ergy, shall, as appropriate, publish guidance for public 

19 comment applicable to any electric vehicle charging station 

20 funded in whole or in part under this title related to— 

21 ‘‘(1) the installation, operation, or maintenance 

22 by qualified technicians of electric vehicle charging 

23 infrastructure; 

24 ‘‘(2) the physical and payment interoperability 

25 of electric vehicle charging infrastructure; 


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1 ‘‘(3) any traffic control device or on-premises 

2 sign acquired, installed, or operated related to an 

3 electric vehicle charging station funded under this 

4 title; and 

5 ‘‘(4) network connectivity of electric vehicle 

6 charging, including measures to protect personal pri7 vacy and ensure cybersecurity. 

8 ‘‘(f) WAGE REQUIREMENTS.—Section 113 shall apply 

9 to any project for electric vehicle charging infrastructure 

10 funded under this title.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chapter 

12 1 of title 23, United States Code, is amended by inserting 

13 after the item relating to section 154 the following new item: 

‘‘155. Electric vehicle charging stations.’’. 

14 (c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 

15 Secretary of Transportation shall update the Manual on 

16 Uniform Traffic Control Devices to— 

17 (1) ensure uniformity in providing road users 

18 direction to electric charging stations that are open to 

19 the public; and 

20 (2) allow the use of a comprehensive system of 

21 signs for electric vehicle charging providers to help 

22 drivers identify the type of charging and connector 

23 types available at the location. 

24 (d) AGREEMENTS RELATING TO THE USE AND ACCESS

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1 tion 111 of title 23, United States Code, is amended by add2 ing at the end the following: 

3 ‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

5 (a) or (b), the Secretary shall permit, consistent with 

6 section 155, the charging of electric vehicles on rights7 of-way of the Interstate System, including in— 

8 ‘‘(A) a rest area; or 

9 ‘‘(B) a fringe or corridor parking facility, 

10 including a park and ride facility. 

11 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub12 section shall permit commercial activities on rights13 of-way of the Interstate System, except as necessary 

14 for the charging of electric vehicles in accordance with 

15 this subsection.’’. 

16 SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 

17 (a) IN GENERAL.—Section 167 of title 23, United 

18 States Code, is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (6) by striking ‘‘; and’’ 

21 and inserting a semicolon; and 

22 (B) by striking paragraph (7) and inserting 

23 the following: 


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1 ‘‘(7) to reduce the environmental impacts of 

2 freight movement on the National Highway Freight 

3 Network, including— 

4 ‘‘(A) greenhouse gas emissions; 

5 ‘‘(B) local air pollution, including local pol6 lution derived from vehicles idling at railway 

7 crossings; 

8 ‘‘(C) minimizing, capturing, or treating 

9 stormwater runoff and addressing other adverse 

10 impacts to water quality; and 

11 ‘‘(D) wildlife habitat loss; and 

12 ‘‘(8) to decrease any adverse impact of freight 

13 transportation on communities located near freight 

14 facilities or freight corridors.’’; 

15 (2) in subsection (e)(2) by striking ‘‘150 miles’’ 

16 and inserting ‘‘300 miles’’; 

17 (3) in subsection (f)(4) by striking ‘‘75 miles’’ 

18 and inserting ‘‘150 miles’’; 

19 (4) in subsection (h) by striking ‘‘Not later than’’ 

20 and all that follows through ‘‘shall prepare’’ and in21 serting ‘‘As part of the report required under section 

22 503(b)(8), the Administrator shall biennially pre23 pare’’; 

24 (5) in subsection (i)— 

25 (A) by striking paragraphs (2) and (3); 


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1 (B) by amending paragraph (4) to read as 

2 follows: 

3 ‘‘(4) FREIGHT PLANNING.—Notwithstanding any 

4 other provision of law, a State may not obligate funds 

5 apportioned to the State under section 104(b)(5) un6 less the State has developed, updated, or amended, as 

7 applicable, a freight plan in accordance with section 

8 70202 of title 49.’’; 

9 (C) in paragraph (5)— 

10 (i) by striking subparagraph (B) and 

11 inserting the following: 

12 ‘‘(B) LIMITATION.—The Federal share of a 

13 project described in subparagraph (C)(xxiii) 

14 shall fund only elements of such project that pro15 vide public benefits.’’; and 

16 (ii) in subparagraph (C)— 

17 (I) in clause (iii) by inserting 

18 ‘‘and freight management and oper19 ations systems’’ after ‘‘freight transpor20 tation systems’’; and 

21 (II) by amending clause (xxiii) to 

22 read as follows: 

23 ‘‘(xxiii) Freight intermodal or freight 

24 rail projects, including— 


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1 ‘‘(I) projects within the bound2 aries of public or private freight rail 

3 or water facilities (including ports); 

4 ‘‘(II) projects that provide surface 

5 transportation infrastructure necessary 

6 to facilitate direct intermodal inter7 change, transfer, and access into or out 

8 of the facility; and 

9 ‘‘(III) any other surface transpor10 tation project to improve the flow of 

11 freight into or out of a facility de12 scribed in subclause (I) or (II).’’; 

13 (D) in paragraph (6) by striking ‘‘para14 graph (5)’’ and inserting ‘‘paragraph (3)’’; and 

15 (E) by redesignating paragraphs (4), (5), 

16 (6), and (7) as paragraphs (2), (3), (4), and (5), 

17 respectively; and 

18 (6) in subsection (k)(1)(A)(ii) by striking ‘‘ports19 of entry’’ and inserting ‘‘ports-of-entry’’. 

20 (b) NATIONAL HIGHWAY FREIGHT NETWORK.—If a 

21 congressionally designated future Interstate, or any portion 

22 thereof, is included in a State Freight Plan (regardless of 

23 whether such project is included in the freight investment 

24 plan of the State) approved by the Department of Transpor25 tation prior to October 1, 2021, such route shall be considVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 ered to be on the National Highway Freight Network estab2 lished under section 167(c) of title 23, United States Code. 

3 SEC. 1213. CARBON POLLUTION REDUCTION. 

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

5 Code, is amended by adding at the end the following: 

6 ‘‘§ 171. Carbon pollution reduction 

7 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

8 a carbon pollution reduction program to support the reduc9 tion of greenhouse gas emissions from the surface transpor10 tation system. 

11 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 

12 funding under this section if such project— 

13 ‘‘(1) is expected to yield a significant reduction 

14 in greenhouse gas emissions from the surface trans15 portation system; 

16 ‘‘(2) will help a State meet the greenhouse gas 

17 emissions performance targets established under sec18 tion 150(d); and 

19 ‘‘(3) is— 

20 ‘‘(A) eligible for assistance under this title 

21 or under chapter 53 of title 49 or is a capital 

22 project for vehicles and facilities (whether pub23 licly or privately owned) that are used to pro24 vide intercity passenger service by bus; or 


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1 ‘‘(B) a capital project, as such term is de2 fined in section 22906 of title 49, to improve 

3 intercity rail passenger transportation, provided 

4 that the project will yield a significant reduction 

5 in single occupant vehicle trips and improve mo6 bility on public roads. 

7 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance 

8 on methods of determining the reduction of single occupant 

9 vehicle trips and improvement of mobility on public roads 

10 as those factors relate to intercity rail passenger transpor11 tation projects under subsection (b)(4). 

12 ‘‘(d) OPERATING EXPENSES.—A State may use not 

13 more than 10 percent of the funds provided under section 

14 104(b)(9) for the operating expenses of public transpor15 tation and passenger rail transportation projects. 

16 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FACILI17 TIES.—None of the funds provided under this section may 

18 be used for a project that will result in the construction 

19 of new capacity available to single occupant vehicles unless 

20 the project consists of a high occupancy vehicle facility and 

21 is consistent with section 166. 

22 ‘‘(f) EVALUATION.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall annually 

24 evaluate the progress of each State in carrying out the 

25 program under this section by comparing the percent 


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1 change in carbon dioxide emissions per capita on 

2 public roads in the State calculated as— 

3 ‘‘(A) the annual carbon dioxide emissions 

4 per capita on public roads in the State for the 

5 most recent year for which there is data; divided 

6 by 

7 ‘‘(B) the average annual carbon dioxide 

8 emissions per capita on public roads in the State 

9 in calendar years 2015 through 2019. 

10 ‘‘(2) MEASURES.—In conducting the evaluation 

11 under paragraph (1), the Secretary shall— 

12 ‘‘(A) prior to the effective date of the green13 house gas performance measures under section 

14 150(c)(7)(A), use such data as are available, 

15 which may include data on motor fuels usage 

16 published by the Federal Highway Administra17 tion and information on emissions factors or co18 efficients published by the Energy Information 

19 Administration of the Department of Energy; 

20 and 

21 ‘‘(B) following the effective date of the 

22 greenhouse gas performance measures under sec23 tion 150(c)(7)(A), use such measures. 

24 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu25 ally issue a carbon pollution reduction progress report, to 


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1 be made publicly available on the website of the Department 

2 of Transportation, that includes— 

3 ‘‘(1) the results of the evaluation under sub4 section (f) for each State; and 

5 ‘‘(2) a ranking of all the States by the criteria 

6 under subsection (f), with the States that, for the year 

7 covered by such report, have the largest percentage re8 duction in annual carbon dioxide emissions per cap9 ita on public roads being ranked the highest. 

10 ‘‘(h) HIGH-PERFORMING STATES.— 

11 ‘‘(1) DESIGNATION.—For purposes of this sec12 tion, each State that is 1 of the 15 highest ranked 

13 States, as determined under subsection (g)(2), and 

14 that achieves a reduction in carbon dioxide emissions 

15 per capita on public roads, as determined by the eval16 uation in subsection (f), shall be designated as a high17 performing State for the following fiscal year. 

18 ‘‘(2) USE OF FUNDS.—For each State that is 

19 designated as a high-performing State under para20 graph (1)— 

21 ‘‘(A) notwithstanding section 120, the State 

22 may use funds made available under this title to 

23 pay the non-Federal share of a project under this 

24 section during any year for which such State is 

25 designated as a high-performing State; and 


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1 ‘‘(B) notwithstanding section 126, the State 

2 may transfer up to 50 percent of funds appor3 tioned under section 104(b)(9) to the program 

4 under section 104(b)(2) in any year for which 

5 such State is designated as a high-performing 

6 State. 

7 ‘‘(3) TRANSFER.—For each State that is 1 of the 

8 15 lowest ranked States, as determined under sub9 section (g)(2), the Secretary shall transfer 10 percent 

10 of the amount apportioned to the State under section 

11 104(b)(2) in the fiscal year following the year in 

12 which the State is so ranked, not including amounts 

13 set aside under section 133(d)(1)(A) and under sec14 tion 133(h) or 505(a), to the apportionment of the 

15 State under section 104(b)(9). 

16 ‘‘(4) LIMITATION.—The Secretary shall not con17 duct a transfer under paragraph (3)— 

18 ‘‘(A) until the first fiscal year following the 

19 effective date of greenhouse gas performance 

20 measures under section 150(c)(7)(A); and 

21 ‘‘(B) with respect to a State in any fiscal 

22 year following the year in which such State 

23 achieves a reduction in carbon dioxide emissions 

24 per capita on public roads in such year as deter25 mined by the evaluation under subsection (f). 


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1 ‘‘(i) REPORT.—Not later than 2 years after the date 

2 of enactment of this section and periodically thereafter, the 

3 Secretary, in consultation with the Administrator of the 

4 Environmental Protection Agency, shall issue a report— 

5 ‘‘(1) detailing, based on the best available 

6 science, what types of projects eligible for assistance 

7 under this section are expected to provide the most 

8 significant greenhouse gas emissions reductions from 

9 the surface transportation sector; and 

10 ‘‘(2) detailing, based on the best available 

11 science, what types of projects eligible for assistance 

12 under this section are not expected to provide signifi13 cant greenhouse gas emissions reductions from the 

14 surface transportation sector.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chapter 

16 1 of title 23, United States Code, is amended by adding 

17 at the end the following new item: 

‘‘171. Carbon pollution reduction.’’. 

18 (c) APPLICABILITY.—Subsection (b)(2) of section 171 

19 of title 23, United States Code, as added by this section, 

20 shall apply to a State beginning on the first fiscal year 

21 following the fiscal year in which the State sets greenhouse 

22 gas performance targets under section 150(d) of title 23, 

23 United States Code. 


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1 SEC. 1214. RECREATIONAL TRAILS. 

2 Section 206 of title 23, United States Code, is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1) by striking ‘‘except 

6 for’’ and all that follows and inserting the fol7 lowing: ‘‘except for— 

8 ‘‘(A) a motorized wheelchair; and 

9 ‘‘(B) in any case in which applicable laws 

10 and regulations permit use, an electric bicycle, 

11 as defined in section 217(j).’’; 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (F) by striking 

14 ‘‘and’’ at the end; 

15 (ii) in subparagraph (G) by striking 

16 the period and inserting ‘‘; and’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(F) electric bicycling.’’; and 

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

21 ‘‘(j) SPECIAL RULE.—Section 113 shall not apply to 

22 projects under this section. 

23 ‘‘(k) USE OF OTHER APPORTIONED FUNDS.—Funds 

24 apportioned to a State under section 104(b) that are obli25 gated for recreational trails and related projects shall be 


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1 administered as if such funds were made available for pur2 poses described under this section.’’. 

3 SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 

4 (a) IN GENERAL.—Chapter 2 of title 23, United States 

5 Code, is amended by inserting after section 210 the fol6 lowing: 

7 ‘‘§ 211. Safe routes to school program 

8 ‘‘(a) PROGRAM.—The Secretary shall carry out a safe 

9 routes to school program for the benefit of children in pri10 mary, middle, and high schools. 

11 ‘‘(b) PURPOSES.—The purposes of the program shall 

12 be— 

13 ‘‘(1) to enable and encourage children, including 

14 those with disabilities, to walk and bicycle to school; 

15 ‘‘(2) to make bicycling and walking to school a 

16 safer and more appealing transportation alternative, 

17 thereby encouraging a healthy and active lifestyle 

18 from an early age; and 

19 ‘‘(3) to facilitate the planning, development, and 

20 implementation of projects and activities that will 

21 improve safety and reduce traffic, fuel consumption, 

22 and air pollution in the vicinity of schools. 

23 ‘‘(c) USE OF FUNDS.—Amounts apportioned to a State 

24 under paragraphs (2) and (3) of section 104(b) may be used 


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1 to carry out projects, programs, and other activities under 

2 this section. 

3 ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 

4 activities funded under this section may be carried out by 

5 eligible entities described under section 133(h)(4)(B) that 

6 demonstrate an ability to meet the requirements of this sec7 tion. 

8 ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 

9 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 

10 ‘‘(A) IN GENERAL.—A State may obligate 

11 funds under this section for the planning, design, 

12 and construction of infrastructure-related 

13 projects that will substantially improve the abil14 ity of students to walk and bicycle to school, in15 cluding sidewalk improvements, traffic calming 

16 and speed reduction improvements, pedestrian 

17 and bicycle crossing improvements, on-street bi18 cycle facilities, off-street bicycle and pedestrian 

19 facilities, secure bicycle parking facilities, and 

20 traffic diversion improvements in the vicinity of 

21 schools. 

22 ‘‘(B) LOCATION OF PROJECTS.—Infrastruc23 ture-related projects under subparagraph (A) 

24 may be carried out on any public road or any 


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1 bicycle or pedestrian pathway or trail in the vi2 cinity of schools. 

3 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI4 TIES.—In addition to projects described in paragraph 

5 (1), a State may obligate funds under this section for 

6 noninfrastructure-related activities to encourage walk7 ing and bicycling to school, including— 

8 ‘‘(A) public awareness campaigns and out9 reach to press and community leaders; 

10 ‘‘(B) traffic education and enforcement in 

11 the vicinity of schools; 

12 ‘‘(C) student sessions on bicycle and pedes13 trian safety, health, and environment; 

14 ‘‘(D) programs that address personal safety; 

15 and 

16 ‘‘(E) funding for training, volunteers, and 

17 managers of safe routes to school programs. 

18 ‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.— 

19 Each State receiving an apportionment under para20 graphs (2) and (3) of section 104(b) shall use a suffi21 cient amount of the apportionment to fund a full-time 

22 position of coordinator of the State’s safe routes to 

23 school program. 

24 ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A 

25 coordinator described in paragraph (3) shall conduct 


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1 outreach to ensure that rural school districts in the 

2 State are aware of such State’s safe routes to school 

3 program and any funds authorized by this section. 

4 ‘‘(f) FEDERAL SHARE.—The Federal share of the cost 

5 of a project, program, or activity under this section shall 

6 be 100 percent. 

7 ‘‘(g) CLEARINGHOUSE.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall main9 tain a national safe routes to school clearinghouse 

10 to— 

11 ‘‘(A) develop information and educational 

12 programs on safe routes to school; and 

13 ‘‘(B) provide technical assistance and dis14 seminate techniques and strategies used for suc15 cessful safe routes to school programs. 

16 ‘‘(2) FUNDING.—The Secretary shall carry out 

17 this subsection using amounts authorized to be appro18 priated for administrative expenses under section 

19 104(a). 

20 ‘‘(h) DEFINITIONS.—In this section, the following defi21 nitions apply: 

22 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 

23 ‘in the vicinity of schools’ means, with respect to a 

24 school, the area within bicycling and walking dis25 tance of the school (approximately 2 miles). 


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1 ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 

2 The term ‘primary, middle, and high schools’ means 

3 schools providing education from kindergarten 

4 through twelfth grade.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 (1) REPEAL.—Section 1404 of SAFETEA–LU 

7 (Public Law 109–59; 119 Stat. 1228–1230), and the 

8 item relating to such section in the table of contents 

9 in section 1(b) of such Act, are repealed. 

10 (2) ANALYSIS.—The analysis for chapter 2 of 

11 title 23, United States Code, is amended by inserting 

12 after the item relating to section 210 the following: 

‘‘211. Safe routes to school program.’’. 

13 SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 

14 WALKWAYS. 

15 Section 217 of title 23, United States Code, is amend16 ed— 

17 (1) in subsection (d)— 

18 (A) by striking ‘‘104(b)(3)’’ and inserting 

19 ‘‘104(b)(4)’’; and 

20 (B) by striking ‘‘a position’’ and inserting 

21 ‘‘at least one full-time positions’’; 

22 (2) in subsection (e) by striking ‘‘bicycles’’ and 

23 inserting ‘‘pedestrians or bicyclists’’ each place such 

24 term appears; 

25 (3) in subsection (j)— 


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1 (A) in paragraph (1) by inserting ‘‘or oper2 ators of micromobility devices’’ after ‘‘bicyclists’’; 

3 (B) by striking paragraph (2) and inserting 

4 the following: 

5 ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bi6 cycle’ means mean a bicycle equipped with fully oper7 able pedals, a saddle or seat for the rider, and an 

8 electric motor of less than 750 watts that can safely 

9 share a bicycle transportation facility with other 

10 users of such facility and meets the requirements of 

11 one of the following three classes: 

12 ‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The 

13 term ‘class 1 electric bicycle’ means an electric 

14 bicycle equipped with a motor that provides as15 sistance only when the rider is pedaling, and 

16 that ceases to provide assistance when the bicycle 

17 reaches the speed of 20 miles per hour. 

18 ‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The 

19 term ‘class 2 electric bicycle’ means an electric 

20 bicycle equipped with a motor that may be used 

21 exclusively to propel the bicycle, and that is not 

22 capable of providing assistance when the bicycle 

23 reaches the speed of 20 miles per hour. 

24 ‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The 

25 term ‘class 3 electric bicycle’ means an electric 


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1 bicycle equipped with a motor that provides as2 sistance only when the rider is pedaling, and 

3 that ceases to provide assistance when the bicycle 

4 reaches the speed of 28 miles per hour. 

5 ‘‘(3) MICROMOBILITY DEVICE.—The term ‘micro6 mobility device’ means any wheeled vehicle equipped 

7 with a low powered electric motor— 

8 ‘‘(A) that is designed primarily for human 

9 transport; 

10 ‘‘(B) that weighs not more than 100 

11 pounds; and 

12 ‘‘(C) that has a top speed of 20 miles per 

13 hour or less.’’. 

14 SEC. 1217. NOISE BARRIERS. 

15 (a) PERMITTING USE OF HIGHWAY TRUST FUND FOR

16 CONSTRUCTION OF CERTAIN NOISE BARRIERS.—Section 

17 339(b)(1) of the National Highway System Designation Act 

18 of 1995 (23 U.S.C. 109 note) is amended to read as follows: 

19 ‘‘(1) GENERAL RULE.—No funds made available 

20 out of the Highway Trust Fund may be used to con21 struct a Type II noise barrier (as defined by section 

22 772.5(I) of title 23, Code of Federal Regulations) pur23 suant to subsections (h) and (I) of section 109 of title 

24 23, United States Code, unless— 


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1 ‘‘(A) such a barrier is part of a project ap2 proved by the Secretary before November 28, 

3 1995; or 

4 ‘‘(B) such a barrier separates a highway or 

5 other noise corridor from a group of structures of 

6 which the majority of those closest to the high7 way or noise corridor— 

8 ‘‘(i) are residential in nature; and 

9 ‘‘(ii) either— 

10 ‘‘(I) were constructed before the 

11 construction or most recent widening 

12 of the highway or noise corridor; or 

13 ‘‘(II) are at least 10 years old.’’. 

14 (b) ELIGIBILITY FOR SURFACE TRANSPORTATION PRO15 GRAM FUNDS.—Section 133 of title 23, United States Code, 

16 is amended— 

17 (1) in subsection (b) by adding at the end the 

18 following: 

19 ‘‘(22) Planning, design, or construction of a 

20 Type II noise barrier (as described in section 772.5 

21 of title 23, Code of Federal Regulations).’’; and 

22 (2) in subsection (c)(2) by inserting ‘‘and para23 graph (22)’’ after ‘‘(11)’’. 


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1 SEC. 1218. SAFE STREETS FOR ALL. 

2 Section 148 of title 23, United States Code, is further 

3 amended by adding at the end the following: 

4 ‘‘(m) SAFE STREETS FOR ALL.— 

5 ‘‘(1) SAFE STREETS SET-ASIDE.— 

6 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

7 establish a safe streets program to eliminate the 

8 occurrence of transportation-related fatalities 

9 and serious injuries on public roads, with a 

10 focus on vulnerable road users. 

11 ‘‘(B) AMOUNT.—Of the funds apportioned 

12 to a State under section 104(b)(3) for each fiscal 

13 year, the Secretary shall reserve an amount such 

14 that— 

15 ‘‘(i) the Secretary reserves a total 

16 under this subsection of $500,000,000 for 

17 each of fiscal years 2023 through 2026; and 

18 ‘‘(ii) the State’s share of that total is 

19 distributed in the same manner as the 

20 amount apportioned to the State under sec21 tion 104(b)(3) for each fiscal year bears to 

22 the total amount of funds apportioned to all 

23 States under such section. 

24 ‘‘(2) SUBALLOCATION.—For each fiscal year for 

25 which funds are set aside under this subsection, such 

26 funds shall be obligated within a State in the manner 


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1 described in subsections (d) and (e) of section 133, ex2 cept that, for the purposes of this subsection, the per3 centage referred to in section 133(d)(1)(A) shall be 

4 treated as 100 percent. 

5 ‘‘(3) USE OF FUNDS.— 

6 ‘‘(A) IN GENERAL.—Funds set aside under 

7 this subsection shall be available for obligation— 

8 ‘‘(i) for a complete streets project that 

9 supports the safe, comfortable, convenient, 

10 and independent movement of all users of 

11 the transportation system, of all ages and 

12 abilities, consistent with context sensitive 

13 design principles; 

14 ‘‘(ii) for activities eligible under the 

15 safe routes to school program under section 

16 211; 

17 ‘‘(iii) to develop and implement the 

18 policies and procedures described in section 

19 109(s); 

20 ‘‘(iv) for any element of vision zero 

21 planning described under section 1601 of 

22 the INVEST in America Act and to imple23 ment an existing vision zero plan; 

24 ‘‘(v) for other activities in furtherance 

25 of the vulnerable road user safety assessment 


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1 of the State or the metropolitan planning 

2 organization described under subsection (l); 

3 and 

4 ‘‘(vi) for any other project, program, or 

5 plan eligible under this section that pro6 vides for the safe and adequate accommoda7 tion of all users of the surface transpor8 tation network, as determined by the Sec9 retary. 

10 ‘‘(B) SPECIAL RULE.—If a State or metro11 politan planning organization demonstrates to 

12 the satisfaction of the Secretary that such State 

13 or metropolitan planning organization has met 

14 all its needs for vulnerable road user safety 

15 under this section, the State or metropolitan 

16 planning organization may use funds made 

17 available under this subsection for other highway 

18 safety improvement program purposes, subject to 

19 the suballocation under paragraph (2). The Sec20 retary may not make a determination under this 

21 subparagraph if the State or metropolitan plan22 ning organization has been subject to the special 

23 rule described in subsection (g)(3) within the last 

24 5 years.’’. 


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1 SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS. 

2 (a) IN GENERAL.—Chapter 2 of title 23, United States 

3 Code, is amended by inserting after section 211 (as added 

4 by this Act) the following: 

5 ‘‘§ 212. Use of youth service and conservation corps 

6 ‘‘(a) IN GENERAL.—The Secretary may allow and 

7 shall encourage project sponsors to enter into contracts and 

8 cooperative agreements with qualified youth service or con9 servation corps, as described in sections 122(a)(2) of the Na10 tional and Community Service Act of 1990 (42 U.S.C. 

11 12572(a)(2)) and 106(c)(3) of the National and Community 

12 Service Trust Act of 1993 (42 U.S.C. 12656(c)(3)) to per13 form appropriate projects eligible under sections 133(h), 

14 162, 206, and 211. 

15 ‘‘(b) REQUIREMENTS.—Under any contract or cooper16 ative agreement entered into with a qualified youth service 

17 or conservation corps under this section, the Secretary 

18 shall— 

19 ‘‘(1) set the amount of a living allowance or rate 

20 of pay for each participant in such corps at— 

21 ‘‘(A) such amount or rate as required under 

22 State law in a State with such requirements; or 

23 ‘‘(B) for corps in States not described in 

24 subparagraph (A), at such amount or rate as de25 termined by the Secretary, not to exceed the 

26 maximum living allowance authorized by section 


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1 140 of the National and Community Service Act 

2 of 1990 (42 U.S.C. 12594); and 

3 ‘‘(2) not subject such corps to the requirements of 

4 section 112.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chapter 

6 2 of title 23, United States Code, is amended by inserting 

7 after the item relating to section 211 (as added by this Act) 

8 the following: 

‘‘212. Use of youth service and conservation corps.’’. 

9 Subtitle C—Project-Level 

10 Investments 

11 SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG12 NIFICANCE. 

13 (a) IN GENERAL.—Section 117 of title 23, United 

14 States Code, is amended to read as follows: 

15 ‘‘§ 117. Projects of national and regional significance 

16 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

17 a projects of national and regional significance program 

18 under which the Secretary may make grants to, and estab19 lish multiyear grant agreements with, eligible entities in 

20 accordance with this section. 

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

22 this section, an eligible entity shall submit to the Secretary 

23 an application in such form, in such manner, and con24 taining such information as the Secretary may require. 

25 ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 


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1 ‘‘(1) IN GENERAL.—Each grant made under this 

2 section— 

3 ‘‘(A) shall be in an amount that is at least 

4 $25,000,000; and 

5 ‘‘(B) shall be for a project that has eligible 

6 project costs that are reasonably anticipated to 

7 equal or exceed the lesser of— 

8 ‘‘(i) $100,000,000; or 

9 ‘‘(ii) in the case of a project— 

10 ‘‘(I) located in 1 State or terri11 tory, 30 percent of the amount appor12 tioned under this chapter to the State 

13 or territory in the most recently com14 pleted fiscal year; or 

15 ‘‘(II) located in more than 1 State 

16 or territory, 50 percent of the amount 

17 apportioned under this chapter to the 

18 participating State or territory with 

19 the largest apportionment under this 

20 chapter in the most recently completed 

21 fiscal year. 

22 ‘‘(2) LARGE PROJECTS.—For a project that has 

23 eligible project costs that are reasonably anticipated 

24 to equal or exceed $500,000,000, a grant made under 

25 this section— 


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1 ‘‘(A) shall be in an amount sufficient to 

2 fully fund the project, or in the case of a public 

3 transportation project, a minimum operable seg4 ment, in combination with other funding sources, 

5 including non-Federal financial commitment, 

6 identified in the application; and 

7 ‘‘(B) may be awarded pursuant to the proc8 ess under subsection (d), as necessary based on 

9 the amount of the grant. 

10 ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE

11 PROJECTS.— 

12 ‘‘(1) IN GENERAL.—A large project that receives 

13 a grant under this section may be carried out through 

14 a multiyear grant agreement in accordance with this 

15 subsection. 

16 ‘‘(2) REQUIREMENTS.—A multiyear grant agree17 ment for a large project shall— 

18 ‘‘(A) establish the terms of participation by 

19 the Federal Government in the project; 

20 ‘‘(B) establish the amount of Federal finan21 cial assistance for the project; 

22 ‘‘(C) establish a schedule of anticipated Fed23 eral obligations for the project that provides for 

24 obligation of the full grant amount by not later 


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1 than 4 fiscal years after the fiscal year in which 

2 the initial amount is provided; and 

3 ‘‘(D) determine the period of time for com4 pleting the project, even if such period extends 

5 beyond the period of an authorization. 

6 ‘‘(3) SPECIAL RULES.— 

7 ‘‘(A) IN GENERAL.—A multiyear grant 

8 agreement under this subsection— 

9 ‘‘(i) shall obligate an amount of avail10 able budget authority specified in law; and 

11 ‘‘(ii) may include a commitment, con12 tingent on amounts to be specified in law in 

13 advance for commitments under this para14 graph, to obligate an additional amount 

15 from future available budget authority spec16 ified in law. 

17 ‘‘(B) CONTINGENT COMMITMENT.—A contin18 gent commitment under this subsection is not an 

19 obligation of the Federal Government under sec20 tion 1501 of title 31. 

21 ‘‘(C) INTEREST AND OTHER FINANCING

22 COSTS.— 

23 ‘‘(i) IN GENERAL.—Interest and other 

24 financing costs of carrying out a part of the 

25 project within a reasonable time shall be 


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1 considered a cost of carrying out the project 

2 under a multiyear grant agreement, except 

3 that eligible costs may not be more than the 

4 cost of the most favorable financing terms 

5 reasonably available for the project at the 

6 time of borrowing. 

7 ‘‘(ii) CERTIFICATION.—The applicant 

8 shall certify to the Secretary that the appli9 cant has shown reasonable diligence in seek10 ing the most favorable financing terms. 

11 ‘‘(4) ADVANCE PAYMENT.—An eligible entity car12 rying out a large project under a multiyear grant 

13 agreement— 

14 ‘‘(A) may use funds made available to the 

15 eligible entity under this title or title 49 for eli16 gible project costs of the large project; and 

17 ‘‘(B) shall be reimbursed, at the option of 

18 the eligible entity, for such expenditures from the 

19 amount made available under the multiyear 

20 grant agreement for the project in that fiscal 

21 year or a subsequent fiscal year. 

22 ‘‘(e) ELIGIBLE PROJECTS.— 

23 ‘‘(1) IN GENERAL.—The Secretary may make a 

24 grant under this section only for a project that is a 


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1 project eligible for assistance under this title or chap2 ter 53 of title 49 and is— 

3 ‘‘(A) a bridge project carried out on the Na4 tional Highway System, or that is eligible to be 

5 carried out under section 165; 

6 ‘‘(B) a project to improve person through7 put that is— 

8 ‘‘(i) a highway project carried out on 

9 the National Highway System, or that is el10 igible to be carried out under section 165; 

11 ‘‘(ii) a public transportation project; 

12 or 

13 ‘‘(iii) a capital project, as such term is 

14 defined in section 22906 of title 49, to im15 prove intercity rail passenger transpor16 tation; or 

17 ‘‘(C) a project to improve freight throughput 

18 that is— 

19 ‘‘(i) a highway freight project carried 

20 out on the National Highway Freight Net21 work established under section 167 or on the 

22 National Highway System; 

23 ‘‘(ii) a freight intermodal, freight rail, 

24 or railway-highway grade crossing or grade 

25 separation project; or 


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1 ‘‘(iii) within the boundaries of a public 

2 or private freight rail, water (including 

3 ports), or intermodal facility and that is a 

4 surface transportation infrastructure project 

5 necessary to facilitate direct intermodal 

6 interchange, transfer, or access into or out 

7 of the facility. 

8 ‘‘(2) LIMITATION.— 

9 ‘‘(A) CERTAIN FREIGHT PROJECTS.— 

10 Projects described in clauses (ii) and (iii) of 

11 paragraph (1)(C) may receive a grant under this 

12 section only if— 

13 ‘‘(i) the project will make a significant 

14 improvement to the movement of freight on 

15 the National Highway System; and 

16 ‘‘(ii) the Federal share of the project 

17 funds only elements of the project that pro18 vide public benefits. 

19 ‘‘(B) CERTAIN PROJECTS FOR PERSON

20 THROUGHPUT.—Projects described in clauses (ii) 

21 and (iii) of paragraph (1)(B) may receive a 

22 grant under this section only if the project will 

23 make a significant improvement in mobility on 

24 public roads. 


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1 ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity re2 ceiving a grant under this section may use such grant for— 

3 ‘‘(1) development phase activities, including 

4 planning, feasibility analysis, revenue forecasting, en5 vironmental review, preliminary engineering and de6 sign work, and other preconstruction activities; and 

7 ‘‘(2) construction, reconstruction, rehabilitation, 

8 acquisition of real property (including land related to 

9 the project and improvements to the land), environ10 mental mitigation, construction contingencies, acqui11 sition of equipment, and operational improvements 

12 directly related to improving system performance. 

13 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 

14 select a project described under this section for funding 

15 under this section only if the Secretary determines that the 

16 project— 

17 ‘‘(1) generates significant regional or national 

18 economic, mobility, safety, resilience, or environ19 mental benefits; 

20 ‘‘(2) is cost effective; 

21 ‘‘(3) is based on the results of preliminary engi22 neering; 

23 ‘‘(4) has secured or will secure acceptable levels 

24 of non-Federal financial commitments, including— 


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1 ‘‘(A) one or more stable and dependable 

2 sources of funding and financing to construct, 

3 maintain, and operate the project; and 

4 ‘‘(B) contingency amounts to cover unan5 ticipated cost increases; 

6 ‘‘(5) cannot be easily and efficiently completed 

7 without additional Federal funding or financial as8 sistance available to the project sponsor, beyond exist9 ing Federal apportionments; and 

10 ‘‘(6) is reasonably expected to begin construction 

11 not later than 18 months after the date of obligation 

12 of funds for the project. 

13 ‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 

14 ‘‘(1) MERIT CRITERIA.—In awarding a grant 

15 under this section, the Secretary shall evaluate the fol16 lowing merit criteria: 

17 ‘‘(A) The extent to which the project sup18 ports achieving a state of good repair. 

19 ‘‘(B) The level of benefits the project is ex20 pected to generate, including— 

21 ‘‘(i) the costs avoided by the prevention 

22 of closure or reduced use of the asset to be 

23 improved by the project; 

24 ‘‘(ii) reductions in maintenance costs 

25 over the life of the asset; 


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1 ‘‘(iii) safety benefits, including the re2 duction of accidents and related costs; 

3 ‘‘(iv) improved person or freight 

4 throughput, including congestion reduction 

5 and reliability improvements; 

6 ‘‘(v) national and regional economic 

7 benefits; 

8 ‘‘(vi) resilience benefits, including the 

9 ability to withstand disruptions from a 

10 seismic event; 

11 ‘‘(vii) environmental benefits, includ12 ing reduction in greenhouse gas emissions 

13 and air quality benefits; and 

14 ‘‘(viii) benefits to all users of the 

15 project, including pedestrian, bicycle, non16 vehicular, railroad, and public transpor17 tation users. 

18 ‘‘(C) How the benefits compare to the costs 

19 of the project. 

20 ‘‘(D) The average number of people or vol21 ume of freight, as applicable, supported by the 

22 project, including visitors based on travel and 

23 tourism. 


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1 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In award2 ing a grant under this section, the Secretary shall 

3 consider the following: 

4 ‘‘(A) Whether the project spans at least 1 

5 border between 2 States. 

6 ‘‘(B) Whether the project serves low-income 

7 residents of low-income communities, including 

8 areas of persistent poverty, while not displacing 

9 such residents. 

10 ‘‘(C) Whether the project uses innovative 

11 technologies, innovative design and construction 

12 techniques, or pavement materials that dem13 onstrate reductions in greenhouse gas emissions 

14 through sequestration or innovative manufac15 turing processes and, if so, the degree to which 

16 such technologies, techniques, or materials are 

17 used. 

18 ‘‘(D) Whether the project improves 

19 connectivity between modes of transportation 

20 moving people or goods in the Nation or region. 

21 ‘‘(E) Whether the project provides new or 

22 improved connections between at least two metro23 politan areas with a population of at least 

24 500,000. 


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1 ‘‘(F) Whether the project would replace, re2 construct, or rehabilitate a commuter corridor 

3 (including a high-commuter corridor (as such 

4 term is defined in section 203(a)(6))) that is in 

5 poor condition. 

6 ‘‘(G) Whether the project would improve the 

7 shared transportation corridor of a multistate 

8 corridor. 

9 ‘‘(i) PROJECT SELECTION.— 

10 ‘‘(1) EVALUATION.—To evaluate applications for 

11 funding under this section, the Secretary shall— 

12 ‘‘(A) determine whether a project is eligible 

13 for a grant under this section; 

14 ‘‘(B) evaluate, through a methodology that 

15 is discernible and transparent to the public, how 

16 each application addresses the merit criteria 

17 pursuant to subsection (h); 

18 ‘‘(C) assign a quality rating for each merit 

19 criteria for each application based on the evalua20 tion in subparagraph (B); 

21 ‘‘(D) ensure that applications receive final 

22 consideration by the Secretary to receive an 

23 award under this section only on the basis of 

24 such quality ratings and that the Secretary gives 

25 final consideration only to applications that 


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1 meet the minimally acceptable level for each of 

2 the merit criteria; and 

3 ‘‘(E) award grants only to projects rated 

4 highly under the evaluation and rating process. 

5 ‘‘(2) CONSIDERATIONS FOR LARGE PROJECTS.— 

6 In awarding a grant for a large project, the Secretary 

7 shall— 

8 ‘‘(A) consider the amount of funds available 

9 in future fiscal years for the program under this 

10 section; and 

11 ‘‘(B) assume the availability of funds in fu12 ture fiscal years for the program that extend be13 yond the period of authorization based on the 

14 amount made available for the program in the 

15 last fiscal year of the period of authorization. 

16 ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding 

17 grants under this section, the Secretary shall ensure 

18 geographic diversity and a balance between rural and 

19 urban communities among grant recipients over fiscal 

20 years 2023 through 2026. 

21 ‘‘(4) PUBLICATION OF METHODOLOGY.— 

22 ‘‘(A) IN GENERAL.—Prior to the issuance of 

23 any notice of funding opportunity for grants 

24 under this section, the Secretary shall publish 


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1 and make publicly available on the Department’s 

2 website— 

3 ‘‘(i) a detailed explanation of the merit 

4 criteria developed under subsection (h); 

5 ‘‘(ii) a description of the evaluation 

6 process under this subsection; and 

7 ‘‘(iii) how the Secretary shall deter8 mine whether a project satisfies each of the 

9 requirements under subsection (g). 

10 ‘‘(B) UPDATES.—The Secretary shall up11 date and make publicly available on the website 

12 of the Department of Transportation such infor13 mation at any time a revision to the informa14 tion described in subparagraph (A) is made. 

15 ‘‘(C) INFORMATION REQUIRED.—The Sec16 retary shall include in the published notice of 

17 funding opportunity for a grant under this sec18 tion detailed information on the rating method19 ology and merit criteria to be used to evaluate 

20 applications, or a reference to the information on 

21 the website of the Department of Transportation, 

22 as required by subparagraph (A). 

23 ‘‘(j) FEDERAL SHARE.— 


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

2 of a project carried out with a grant under this sec3 tion may not exceed 60 percent. 

4 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed5 eral assistance other than a grant under this section 

6 may be used to satisfy the non-Federal share of the 

7 cost of a project for which such a grant is made, ex8 cept that the total Federal assistance provided for a 

9 project receiving a grant under this section may not 

10 exceed 80 percent of the total project cost. 

11 ‘‘(k) BRIDGE INVESTMENTS.—Of the amounts made 

12 available to carry out this section, the Secretary shall re13 serve not less than $1,000,000,000 in each fiscal year to 

14 make grants for projects described in subsection (e)(1)(A). 

15 ‘‘(l) TREATMENT OF PROJECTS.— 

16 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

17 shall, with respect to a project funded by a grant 

18 under this section, apply— 

19 ‘‘(A) the requirements of this title to a high20 way project; 

21 ‘‘(B) the requirements of chapter 53 of title 

22 49 to a public transportation project; and 

23 ‘‘(C) the requirements of section 22905 of 

24 title 49 to a passenger rail or freight rail project. 

25 ‘‘(2) MULTIMODAL PROJECTS.— 


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1 ‘‘(A) IN GENERAL.—Except as otherwise 

2 provided in this paragraph, if an eligible project 

3 is a multimodal project, the Secretary shall— 

4 ‘‘(i) determine the predominant modal 

5 component of the project; and 

6 ‘‘(ii) apply the applicable requirements 

7 of such predominant modal component to 

8 the project. 

9 ‘‘(B) EXCEPTIONS.— 

10 ‘‘(i) PASSENGER OR FREIGHT RAIL

11 COMPONENT.—For any passenger or freight 

12 rail component of a project, the require13 ments of section 22907(j)(2) of title 49 shall 

14 apply. 

15 ‘‘(ii) PUBLIC TRANSPORTATION COMPO16 NENT.—For any public transportation com17 ponent of a project, the requirements of sec18 tion 5333 of title 49 shall apply. 

19 ‘‘(C) BUY AMERICA.—In applying the Buy 

20 America requirements under section 313 of this 

21 title and sections 5320, 22905(a), and 24305(f) 

22 of title 49 to a multimodal project under this 

23 paragraph, the Secretary shall— 

24 ‘‘(i) consider the various modal compo25 nents of the project; and 


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1 ‘‘(ii) seek to maximize domestic jobs. 

2 ‘‘(m) TIFIA PROGRAM.—At the request of an eligible 

3 entity under this section, the Secretary may use amounts 

4 awarded to the entity to pay subsidy and administrative 

5 costs necessary to provide the entity Federal credit assist6 ance under chapter 6 with respect to the project for which 

7 the grant was awarded. 

8 ‘‘(n) ADMINISTRATION.—Of the amounts made avail9 able to carry out this section, the Secretary may use up 

10 to $5,000,000 in each fiscal year for the costs of admin11 istering the program under this section. 

12 ‘‘(o) TECHNICAL ASSISTANCE.—Of the amounts made 

13 available to carry out this section, the Secretary may re14 serve up to $5,000,000 to provide technical assistance to eli15 gible entities. 

16 ‘‘(p) CONGRESSIONAL REVIEW.— 

17 ‘‘(1) NOTIFICATION.—Not less than 60 days be18 fore making an award under this section, the Sec19 retary shall submit to the Committee on Transpor20 tation and Infrastructure of the House of Representa21 tives and the Committee on Environment and Public 

22 Works, the Committee on Banking, Housing, and 

23 Urban Affairs, and the Committee on Commerce, 

24 Science, and Transportation of the Senate— 


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1 ‘‘(A) a list of all applications determined to 

2 be eligible for a grant by the Secretary; 

3 ‘‘(B) the quality ratings assigned to each 

4 application pursuant to subsection (i); 

5 ‘‘(C) a list of applications that received 

6 final consideration by the Secretary to receive an 

7 award under this section; 

8 ‘‘(D) each application proposed to be se9 lected for a grant award; 

10 ‘‘(E) proposed grant amounts, including for 

11 each new multiyear grant agreement, the pro12 posed payout schedule for the project; and 

13 ‘‘(F) an analysis of the impacts of any 

14 large projects proposed to be selected on existing 

15 commitments and anticipated funding levels for 

16 the next 4 fiscal years, based on information 

17 available to the Secretary at the time of the re18 port. 

19 ‘‘(2) COMMITTEE REVIEW.—Before the last day 

20 of the 60-day period described in paragraph (1), each 

21 Committee described in paragraph (1) shall review 

22 the Secretary’s list of proposed projects. 

23 ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec24 retary may not make a grant or any other obligation 

25 or commitment to fund a project under this section 


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1 if a joint resolution is enacted disapproving funding 

2 for the project before the last day of the 60-day period 

3 described in paragraph (1). 

4 ‘‘(q) TRANSPARENCY.— 

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

6 awarding a grant for a project under this section, the 

7 Secretary shall send to all applicants, and publish on 

8 the website of the Department of Transportation— 

9 ‘‘(A) a summary of each application made 

10 to the program for the grant application period; 

11 and 

12 ‘‘(B) the evaluation and justification for the 

13 project selection, including ratings assigned to 

14 all applications and a list of applications that 

15 received final consideration by the Secretary to 

16 receive an award under this section, for the 

17 grant application period. 

18 ‘‘(2) BRIEFING.—The Secretary shall provide, at 

19 the request of a grant applicant under this section, 

20 the opportunity to receive a briefing to explain any 

21 reasons the grant applicant was not awarded a grant. 

22 ‘‘(r) DEFINITION OF ELIGIBLE ENTITY.—In this sec23 tion, the term ‘eligible entity’ means— 

24 ‘‘(1) a State or a group of States; 


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1 ‘‘(2) a unit of local government, including a met2 ropolitan planning organization, or a group of local 

3 governments; 

4 ‘‘(3) a political subdivision of a State or local 

5 government; 

6 ‘‘(4) a special purpose district or public author7 ity with a transportation function, including a port 

8 authority; 

9 ‘‘(5) an Indian Tribe or Tribal organization; 

10 ‘‘(6) a Federal agency eligible to receive funds 

11 under section 201, 203, or 204, including the Army 

12 Corps of Engineers, Bureau of Reclamation, and the 

13 Bureau of Land Management, that applies jointly 

14 with a State or group of States; 

15 ‘‘(7) a territory; and 

16 ‘‘(8) a multistate or multijurisdictional group of 

17 entities described in this paragraph.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chapter 

19 1 of title 23, United States Code, is amended by striking 

20 the item relating to section 117 and inserting the following: 

‘‘117. Projects of national and regional significance.’’. 

21 SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT 

22 GRANT PROGRAM. 

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

24 Code, as amended by this title, is further amended by add25 ing at the end the following: 


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1 ‘‘§ 173. Community transportation investment grant 

2 program 

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

4 a community transportation investment grant program to 

5 improve surface transportation safety, state of good repair, 

6 accessibility, and environmental quality through infra7 structure investments. 

8 ‘‘(b) GRANT AUTHORITY.— 

9 ‘‘(1) IN GENERAL.—In carrying out the program 

10 established under subsection (a), the Secretary shall 

11 make grants, on a competitive basis, to eligible enti12 ties in accordance with this section. 

13 ‘‘(2) GRANT AMOUNT.—The maximum amount of 

14 a grant under this section shall be $25,000,000. 

15 ‘‘(c) APPLICATIONS.—To be eligible for a grant under 

16 this section, an eligible entity shall submit to the Secretary 

17 an application in such form, at such time, and containing 

18 such information as the Secretary may require. 

19 ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for 

20 an eligible project carried out under this section may be 

21 used for— 

22 ‘‘(1) development phase activities, including 

23 planning, feasibility analysis, revenue forecasting, en24 vironmental review, preliminary engineering and de25 sign work, and other preconstruction activities; and 


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1 ‘‘(2) construction, reconstruction, rehabilitation, 

2 acquisition of real property (including land related to 

3 the project and improvements to such land), environ4 mental mitigation, construction contingencies, acqui5 sition of equipment, and operational improvements. 

6 ‘‘(e) RURAL AND COMMUNITY SETASIDES.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall re8 serve— 

9 ‘‘(A) not less than 25 percent of the 

10 amounts made available to carry out this section 

11 for projects located in rural areas; and 

12 ‘‘(B) not less than 25 percent of the 

13 amounts made available to carry out this section 

14 for projects located in areas with a population 

15 greater than 74,999 individuals and fewer than 

16 200,001 individuals. 

17 ‘‘(2) DEFINITION OF RURAL AREA.—In this sub18 section, the term ‘rural area’ means all areas of a 

19 State or territory that are outside of an urbanized 

20 area with a population greater than 74,999 individ21 uals, as determined by the Bureau of the Census. 

22 ‘‘(3) EXCESS FUNDING.—If the Secretary deter23 mines that there are insufficient qualified applicants 

24 to use the funds set aside under this subsection, the 


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1 Secretary may use such funds for grants for any 

2 projects eligible under this section. 

3 ‘‘(f) EVALUATION.—To evaluate applications under 

4 this section, the Secretary shall— 

5 ‘‘(1) develop a process to objectively evaluate ap6 plications on the benefits of the project proposed in 

7 such application— 

8 ‘‘(A) to transportation safety, including re9 ductions in traffic fatalities and serious injuries; 

10 ‘‘(B) to state of good repair, including im11 proved condition of bridges and pavements; 

12 ‘‘(C) to transportation system access, in13 cluding improved access to jobs and services; and 

14 ‘‘(D) in reducing greenhouse gas emissions; 

15 ‘‘(2) develop a rating system to assign a numeric 

16 value to each application, based on each of the cri17 teria described in paragraph (1); 

18 ‘‘(3) for each application submitted, compare the 

19 total benefits of the proposed project, as determined by 

20 the rating system developed under paragraph (2), 

21 with the costs of such project, and rank each applica22 tion based on the results of the comparison; and 

23 ‘‘(4) ensure that only such applications that are 

24 ranked highly based on the results of the comparison 


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1 conducted under paragraph (3) are considered to re2 ceive a grant under this section. 

3 ‘‘(g) WEIGHTING.—In establishing the evaluation 

4 process under subsection (f), the Secretary may assign dif5 ferent weights to the criteria described in subsection (f)(1) 

6 based on project type, population served by a project, and 

7 other context-sensitive considerations, provided that— 

8 ‘‘(1) each application is rated on all criteria de9 scribed in subsection (f)(1); and 

10 ‘‘(2) each application has the same possible min11 imum and maximum rating, regardless of any dif12 ferences in the weighting of criteria. 

13 ‘‘(h) TRANSPARENCY.— 

14 ‘‘(1) PUBLICLY AVAILABLE INFORMATION.—Prior 

15 to the issuance of any notice of funding opportunity 

16 under this section, the Secretary shall make publicly 

17 available on the website of the Department of Trans18 portation a detailed explanation of the evaluation 

19 and rating process developed under subsection (f), in20 cluding any differences in the weighting of criteria 

21 pursuant to subsection (g), if applicable, and update 

22 such website for each revision of the evaluation and 

23 rating process. 

24 ‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec25 retary shall submit to the Committee on TransporVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 tation and Infrastructure of the House of Representa2 tives, the Committee on Environment and Public 

3 Works of the Senate, the Committee on Banking, 

4 Housing, and Urban Affairs of the Senate, and the 

5 Committee on Commerce, Science, and Transpor6 tation of the Senate the following written notifica7 tions: 

8 ‘‘(A) A notification when the Secretary pub9 lishes or updates the information required under 

10 paragraph (1). 

11 ‘‘(B) Not later than 30 days prior to the 

12 date on which the Secretary awards a grant 

13 under this section, a notification that includes— 

14 ‘‘(i) the ratings of each application 

15 submitted pursuant to subsection (f)(2); 

16 ‘‘(ii) the ranking of each application 

17 submitted pursuant to subsection (f)(3); and 

18 ‘‘(iii) a list of all applications that re19 ceive final consideration by the Secretary to 

20 receive an award under this section pursu21 ant to subsection (f)(4). 

22 ‘‘(C) Not later than 3 business days prior to 

23 the date on which the Secretary announces the 

24 award of a grant under this section, a notificaVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 tion describing each grant to be awarded, includ2 ing the amount and the recipient. 

3 ‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts made 

4 available to carry out this section, the Secretary may re5 serve up to $3,000,000 in each fiscal year to provide tech6 nical assistance to eligible entities. 

7 ‘‘(j) ADMINISTRATION.—Of the amounts made avail8 able to carry out this section, the Secretary may reserve 

9 up to $5,000,000 for the administrative costs of carrying 

10 out the program under this section. 

11 ‘‘(k) TREATMENT OF PROJECTS.— 

12 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

13 shall, with respect to a project funded by a grant 

14 under this section, apply— 

15 ‘‘(A) the requirements of this title to a high16 way project; 

17 ‘‘(B) the requirements of chapter 53 of title 

18 49 to a public transportation project; and 

19 ‘‘(C) the requirements of section 22905 of 

20 title 49 to a passenger rail or freight rail project. 

21 ‘‘(2) MULTIMODAL PROJECTS.— 

22 ‘‘(A) IN GENERAL.—Except as otherwise 

23 provided in this paragraph, if an eligible project 

24 is a multimodal project, the Secretary shall— 


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1 ‘‘(i) determine the predominant modal 

2 component of the project; and 

3 ‘‘(ii) apply the applicable requirements 

4 of such predominant modal component to 

5 the project. 

6 ‘‘(B) EXCEPTIONS.— 

7 ‘‘(i) PASSENGER OR FREIGHT RAIL

8 COMPONENT.—For any passenger or freight 

9 rail component of a project, the require10 ments of section 22907(j)(2) of title 49 shall 

11 apply. 

12 ‘‘(ii) PUBLIC TRANSPORTATION COMPO13 NENT.—For any public transportation com14 ponent of a project, the requirements of sec15 tion 5333 of title 49 shall apply. 

16 ‘‘(C) BUY AMERICA.—In applying the Buy 

17 America requirements under section 313 of this 

18 title and sections 5320, 22905(a), and 24305(f) 

19 of title 49 to a multimodal project under this 

20 paragraph, the Secretary shall— 

21 ‘‘(i) consider the various modal compo22 nents of the project; and 

23 ‘‘(ii) seek to maximize domestic jobs. 

24 ‘‘(l) TRANSPARENCY.— 


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

2 awarding a grant for a project under this section, the 

3 Secretary shall send to all applicants, and publish on 

4 the website of the Department of Transportation— 

5 ‘‘(A) a summary of each application made 

6 to the program for the grant application period; 

7 and 

8 ‘‘(B) the evaluation and justification for the 

9 project selection, including ratings and rankings 

10 assigned to all applications and a list of appli11 cations that received final consideration by the 

12 Secretary to receive an award under this section, 

13 for the grant application period. 

14 ‘‘(2) BRIEFING.—The Secretary shall provide, at 

15 the request of a grant applicant under this section, 

16 the opportunity to receive a briefing to explain any 

17 reasons the grant applicant was not awarded a grant. 

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

19 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti20 ty’ means— 

21 ‘‘(A) a metropolitan planning organization; 

22 ‘‘(B) a unit of local government; 

23 ‘‘(C) a transit agency; 

24 ‘‘(D) an Indian Tribe or Tribal organiza25 tion; 


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1 ‘‘(E) a multijurisdictional group of entities 

2 described in this paragraph; 

3 ‘‘(F) a special purpose district with a 

4 transportation function or a port authority; 

5 ‘‘(G) a territory; or 

6 ‘‘(H) a State that applies for a grant under 

7 this section jointly with an entity described in 

8 subparagraphs (A) through (G). 

9 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible 

10 project’ means any project eligible under this title or 

11 chapter 53 of title 49.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chapter 

13 1 of title 23, United States Code, is further amended by 

14 adding at the end the following new item: 

‘‘173. Community transportation investment grant program.’’. 

15 SEC. 1303. CLEAN CORRIDORS PROGRAM. 

16 (a) PURPOSE.—The purpose of this section is to estab17 lish a formula program to strategically deploy electric vehi18 cle charging infrastructure along designated alternative fuel 

19 corridors that will be accessible to all drivers of electric ve20 hicles. 

21 (b) NATIONAL ELECTRIC VEHICLE CHARGING AND HY22 DROGEN, PROPANE, AND NATURAL GAS FUELING COR23 RIDORS.—Section 151 of title 23, United States Code, is 

24 amended— 


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1 (1) in subsection (a) by striking ‘‘Not later than 

2 1 year after the date of enactment of the FAST Act, 

3 the Secretary shall’’ and inserting ‘‘The Secretary 

4 shall periodically’’; 

5 (2) in subsection (b)(2) by inserting ‘‘previously 

6 designated by the Federal Highway Administration 

7 or’’ after ‘‘fueling corridors’’; 

8 (3) in subsection (d)— 

9 (A) by striking ‘‘Not later than’’ and insert10 ing the following: 

11 ‘‘(1) IN GENERAL.—Not later than’’; 

12 (B) by striking ‘‘5 years after the date of es13 tablishment of the corridors under subsection (a), 

14 and every 5 years thereafter’’ and inserting ‘‘180 

15 days after the date of enactment of the INVEST 

16 in America Act’’; 

17 (C) by inserting ‘‘establish a recurring proc18 ess to regularly’’ after ‘‘the Secretary shall’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(2) FREIGHT CORRIDORS.—Not later than 1 

21 year after the date of enactment of the INVEST in 

22 America Act, the Secretary shall designate national 

23 electric vehicle charging and hydrogen fueling freight 

24 corridors that identify the near- and long-term need 

25 for, and the location of, electric vehicle charging and 


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1 hydrogen fueling infrastructure to support freight and 

2 goods movement at strategic locations along major 

3 national highways, the National Highway Freight 

4 Network, and goods movement locations including 

5 ports, intermodal centers, and warehousing loca6 tions.’’; 

7 (4) in subsection (e)— 

8 (A) in paragraph (1) by striking ‘‘; and’’ 

9 and inserting a semicolon; 

10 (B) in paragraph (2)— 

11 (i) by striking ‘‘establishes an aspira12 tional goal of achieving’’ and inserting ‘‘de13 scribes efforts to achieve’’; and 

14 (ii) by striking ‘‘by the end of fiscal 

15 year 2020.’’ and inserting ‘‘, including 

16 progress on the implementation of sub17 section (f); and’’; 

18 (C) by adding at the end the following: 

19 ‘‘(3) summarizes best practices and provides 

20 guidance, developed through consultation with the 

21 Secretary of Energy, for project development of elec22 tric vehicle charging infrastructure to allow for the 

23 predictable deployment of such infrastructure.’’; and 

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

25 ‘‘(f) CLEAN CORRIDORS PROGRAM.— 


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1 ‘‘(1) ESTABLISHMENT.—There is established a 

2 clean corridors program (referred to in this subsection 

3 as the ‘‘Program’’) to provide funding to States to 

4 strategically deploy electric vehicle charging and hy5 drogen fueling infrastructure along alternative fuel 

6 corridors and to establish an interconnected network 

7 to facilitate data collection, access, and reliability. 

8 ‘‘(2) PURPOSE.—The purpose of the Program is 

9 to provide funding for— 

10 ‘‘(A) the acquisition and installation of elec11 tric vehicle charging infrastructure and hydrogen 

12 fueling infrastructure to serve as a catalyst for 

13 the deployment of such infrastructure and to 

14 connect it to a network to facilitate data collec15 tion, access, and reliability; 

16 ‘‘(B) proper operation and maintenance of 

17 electric vehicle charging infrastructure; and 

18 ‘‘(C) data sharing about charging and fuel19 ing infrastructure to ensure the long-term success 

20 of investments made through the Program. 

21 ‘‘(3) ALTERNATIVE DISTRIBUTION OF FUNDS.— 

22 ‘‘(A) PLAN.—The Secretary shall establish a 

23 deadline by which a State shall provide a plan 

24 to the Secretary, in such form and such manner 

25 that the Secretary requires, describing how such 


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1 State intends to use its allocation under this sec2 tion. 

3 ‘‘(B) EFFICIENT OBLIGATION OF FUNDS.—If 

4 a State fails to submit the plan required by sub5 paragraph (A) to the Secretary in a timely man6 ner, or if the Secretary determines a State has 

7 not taken sufficient action to carry out its plan, 

8 the Secretary may— 

9 ‘‘(i) withdraw from the State the funds 

10 that were apportioned to the State for a fis11 cal year under section 104(b)(10); 

12 ‘‘(ii) award such funds on a competi13 tive basis to local units of government with14 in the State for use on projects that meet 

15 the eligibility requirements described in 

16 paragraph (4); and 

17 ‘‘(iii) ensure timely obligation of such 

18 funds. 

19 ‘‘(C) REDISTRIBUTION AMONG STATES.—If 

20 the Secretary determines that any funds with21 drawn from a State under subparagraph (B)(i) 

22 cannot be fully awarded to local units of govern23 ment within the State under subparagraph 

24 (B)(ii) in a manner consistent with the purpose 


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1 of this subsection, any such funds remaining 

2 under subparagraph (B)(i) shall be— 

3 ‘‘(i) apportioned among other States 

4 (except States for which funds for that fiscal 

5 year have been withdrawn under subpara6 graph (B)(i)) in the same ratio as funds 

7 apportioned for that fiscal year under sec8 tion 104(b)(10)(C) for the Program; and 

9 ‘‘(ii) only available to carry out this 

10 section. 

11 ‘‘(4) ELIGIBLE PROJECTS.— 

12 ‘‘(A) IN GENERAL.—Funding made avail13 able under this subsection shall be for projects— 

14 ‘‘(i) directly related to the electric 

15 charging or hydrogen fueling of a vehicle; 

16 and 

17 ‘‘(ii) only for infrastructure that is 

18 open to the general public or to authorized 

19 commercial motor vehicle operators from 

20 more than 1 company. 

21 ‘‘(B) LOCATION OF INFRASTRUCTURE.— 

22 ‘‘(i) IN GENERAL.—Any charging or 

23 fueling infrastructure acquired or installed 

24 with funding under this subsection shall be 

25 located along an alternative fuel corridor. 


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1 ‘‘(ii) GUIDANCE.—Not later than 90 

2 days after the date of enactment of the IN3 VEST in America Act, the Secretary of 

4 Transportation, in coordination with the 

5 Secretary of Energy, shall develop guidance 

6 for States and localities to strategically de7 ploy charging and fueling infrastructure 

8 along alternative fuel corridors, consistent 

9 with this section. 

10 ‘‘(iii) ADDITIONAL CONSIDERATIONS.— 

11 In developing the guidance required under 

12 clause (ii), the Secretary of Transportation, 

13 in coordination with the Secretary of En14 ergy, shall consider— 

15 ‘‘(I) the distance between publicly 

16 available charging and fueling infra17 structure eligible under this section; 

18 ‘‘(II) connections to the electric 

19 grid or fuel distribution system, in20 cluding electric distribution upgrades, 

21 vehicle-to-grid integration, including 

22 smart charge management or other 

23 protocols that can minimize impacts to 

24 the electric grid, and alignment with 


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1 electric distribution interconnection 

2 processes; 

3 ‘‘(III) plans to protect the electric 

4 grid from added load of charging dis5 tribution systems from adverse impacts 

6 of changing load patterns, including 

7 through on site storage; 

8 ‘‘(IV) plans for the use of renew9 able energy sources to power charging, 

10 energy storage, and hydrogen fuel pro11 duction; 

12 ‘‘(V) the proximity of existing off13 highway travel centers, fuel retailers, 

14 and small businesses to electric vehicle 

15 charging infrastructure acquired or 

16 funded under this subsection; 

17 ‘‘(VI) the need for publicly avail18 able electric vehicle charging infra19 structure in rural corridors; 

20 ‘‘(VII) the long-term operation 

21 and maintenance of publicly available 

22 electric vehicle charging infrastructure 

23 to avoid stranded assets and protect 

24 the investment of public funds in that 

25 infrastructure; 


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1 ‘‘(VIII) existing private, national, 

2 State, local, Tribal, and territorial 

3 government electric vehicle charging 

4 infrastructure programs and incen5 tives; 

6 ‘‘(IX) fostering enhanced, coordi7 nated, public-private or private invest8 ment in charging and fueling infra9 structure; 

10 ‘‘(X) ensuring consumer protec11 tion and pricing transparency; 

12 ‘‘(XI) the availability of onsite 

13 amenities for vehicle operators, includ14 ing restrooms or food facilities; and 

15 ‘‘(XII) any other factors, as deter16 mined by the Secretary. 

17 ‘‘(5) ELIGIBLE PROJECT COSTS.—Subject to 

18 paragraph (6), funds made available under this sub19 section may be used for— 

20 ‘‘(A) the acquisition or installation of elec21 tric vehicle charging or hydrogen fueling infra22 structure; 

23 ‘‘(B) operating assistance for costs allocable 

24 to operating and maintaining infrastructure acVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 quired or installed under this subsection, for a 

2 period not to exceed five years; 

3 ‘‘(C) the acquisition or installation of traf4 fic control devices located in the right-of-way to 

5 provide directional information to infrastructure 

6 acquired, installed, or operated under this sub7 section; or 

8 ‘‘(D) on-premises signs to provide informa9 tion about infrastructure acquired, installed, or 

10 operated under this subsection. 

11 ‘‘(6) GUIDANCE.—Not later than 180 days after 

12 the date of enactment of the INVEST in America Act, 

13 the Secretary of Transportation, in coordination with 

14 the Secretary of Energy, shall, as appropriate, pub15 lish guidance for public comment related to— 

16 ‘‘(A) the installation, operation, or mainte17 nance by qualified technicians of electric vehicle 

18 charging infrastructure under this subsection; 

19 ‘‘(B) the physical and payment interoper20 ability of electric vehicle charging infrastructure 

21 under this subsection; 

22 ‘‘(C) any traffic control device or on-prem23 ises sign acquired, installed, or operated under 

24 this subsection; 


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1 ‘‘(D) any data requested by the Secretary 

2 related to a project funded under this subsection, 

3 including the format and schedule for the sub4 mission of such data; and 

5 ‘‘(E) network connectivity of electric vehicle 

6 charging that includes measures to protect per7 sonal privacy and ensure cybersecurity. 

8 ‘‘(7) FEDERAL SHARE.—The Federal share pay9 able for the cost of a project funded under this sub10 section shall be 80 percent. 

11 ‘‘(8) PERIOD OF AVAILABILITY.—Notwith12 standing section 118(b), funds made available for the 

13 Program shall be available until expended. 

14 ‘‘(9) ADDITIONAL ASSISTANCE GRANTS.—For 

15 each of fiscal years 2023 through 2026, before making 

16 an apportionment under section 104(b)(10), the Sec17 retary shall set aside, from amounts made available 

18 to carry out the clean corridors program under this 

19 subsection, $100,000,000 for grants to States or local20 ities that require additional assistance to strategically 

21 deploy infrastructure eligible under this subsection 

22 along alternative fuel corridors to fill gaps in the na23 tional charging network, including in rural areas. 


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1 ‘‘(10) DEFINITION OF ALTERNATIVE FUEL COR2 RIDORS.—In this subsection, the term ‘alternative fuel 

3 corridors’ means a fuel corridor— 

4 ‘‘(A) designated under subsection (a); or 

5 ‘‘(B) equivalent to a fuel corridor described 

6 under such subsection that is designated, after 

7 consultation with any affected Indian Tribes or 

8 Tribal organizations, by a State or group of 

9 States.’’. 

10 SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 

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

12 Code, as amended by this title, is further amended by in13 serting after section 171 the following: 

14 ‘‘§ 172. Community climate innovation grants 

15 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

16 a community climate innovation grant program (in this 

17 section referred to as the ‘Program’) to make grants, on a 

18 competitive basis, for locally selected projects that reduce 

19 greenhouse gas emissions while improving the mobility, ac20 cessibility, and connectivity of the surface transportation 

21 system. 

22 ‘‘(b) PURPOSE.—The purpose of the Program shall be 

23 to support communities in reducing greenhouse gas emis24 sions from the surface transportation system. 


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1 ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may 

2 make grants under the Program to the following entities: 

3 ‘‘(1) A metropolitan planning organization. 

4 ‘‘(2) A unit of local government or a group of 

5 local governments, or a county or multi-county spe6 cial district. 

7 ‘‘(3) A subdivision of a local government. 

8 ‘‘(4) A transit agency. 

9 ‘‘(5) A special purpose district with a transpor10 tation function or a port authority. 

11 ‘‘(6) An Indian Tribe or Tribal organization. 

12 ‘‘(7) A territory. 

13 ‘‘(8) A multijurisdictional group of entities de14 scribed in paragraphs (1) through (7). 

15 ‘‘(d) APPLICATIONS.—To be eligible for a grant under 

16 the Program, an entity specified in subsection (c) shall sub17 mit to the Secretary an application in such form, at such 

18 time, and containing such information as the Secretary de19 termines appropriate. 

20 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 

21 provide a grant under the Program for a project that is 

22 expected to yield a significant reduction in greenhouse gas 

23 emissions from the surface transportation system and— 

24 ‘‘(1) is a project eligible for assistance under this 

25 title or under chapter 53 of title 49, or is a capital 


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1 project for vehicles and facilities, whether publicly or 

2 privately owned, that are used to provide intercity 

3 passenger service by bus; or 

4 ‘‘(2) is a capital project as defined in section 

5 22906 of title 49 to improve intercity passenger rail 

6 that will yield a significant reduction in single occu7 pant vehicle trips and improve mobility on public 

8 roads. 

9 ‘‘(f) ELIGIBLE USES.—Grant amounts received for a 

10 project under the Program may be used for— 

11 ‘‘(1) development phase activities, including 

12 planning, feasibility analysis, revenue forecasting, en13 vironmental review, preliminary engineering and de14 sign work, and other preconstruction activities; and 

15 ‘‘(2) construction, reconstruction, rehabilitation, 

16 acquisition of real property (including land related to 

17 the project and improvements to the land), environ18 mental mitigation, construction contingencies, acqui19 sition of equipment, and operational improvements. 

20 ‘‘(g) PROJECT PRIORITIZATION.—In making grants 

21 for projects under the Program, the Secretary shall give pri22 ority to projects that are expected to yield the most signifi23 cant reductions in greenhouse gas emissions from the sur24 face transportation system. 


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1 ‘‘(h) ADDITIONAL CONSIDERATIONS.—In making 

2 grants for projects under the Program, the Secretary shall 

3 consider the extent to which— 

4 ‘‘(1) a project maximizes greenhouse gas reduc5 tions in a cost-effective manner; 

6 ‘‘(2) a project reduces dependence on single-occu7 pant vehicle trips or provides additional transpor8 tation options; 

9 ‘‘(3) a project improves the connectivity and ac10 cessibility of the surface transportation system, par11 ticularly to low- and zero-emission forms of transpor12 tation, including public transportation, walking, and 

13 bicycling; 

14 ‘‘(4) an applicant has adequately considered or 

15 will adequately consider, including through the oppor16 tunity for public comment, the environmental justice 

17 and equity impacts of the project; 

18 ‘‘(5) a project contributes to geographic diversity 

19 among grant recipients, including to achieve a bal20 ance between urban, suburban, and rural commu21 nities; 

22 ‘‘(6) a project serves low-income residents of low23 income communities, including areas of persistent 

24 poverty, while not displacing such residents; 


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1 ‘‘(7) a project uses pavement materials that dem2 onstrate reductions in greenhouse gas emissions 

3 through sequestration or innovative manufacturing 

4 processes; 

5 ‘‘(8) a project repurposes neglected or underused 

6 infrastructure, including abandoned highways, 

7 bridges, railways, trail ways, and adjacent underused 

8 spaces, into new hybrid forms of public space that 

9 support multiple modes of transportation; and 

10 ‘‘(9) a project includes regional multimodal 

11 transportation system management and operations 

12 elements that will improve the effectiveness of such 

13 project and encourage reduction of single occupancy 

14 trips by providing the ability of users to plan, use, 

15 and pay for multimodal transportation alternatives. 

16 ‘‘(i) FUNDING.— 

17 ‘‘(1) MAXIMUM AMOUNT.—The maximum 

18 amount of a grant under the Program shall be 

19 $25,000,000. 

20 ‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 

21 made available to carry out the Program, the Sec22 retary may use up to 1 percent to provide technical 

23 assistance to applicants and potential applicants. 

24 ‘‘(j) TREATMENT OF PROJECTS.— 


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1 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

2 shall, with respect to a project funded by a grant 

3 under this section, apply— 

4 ‘‘(A) the requirements of this title to a high5 way project; 

6 ‘‘(B) the requirements of chapter 53 of title 

7 49 to a public transportation project; and 

8 ‘‘(C) the requirements of section 22905 of 

9 title 49 to a passenger rail or freight rail project. 

10 ‘‘(2) MULTIMODAL PROJECTS.— 

11 ‘‘(A) IN GENERAL.—Except as otherwise 

12 provided in this paragraph, if an eligible project 

13 is a multimodal project, the Secretary shall— 

14 ‘‘(i) determine the predominant modal 

15 component of the project; and 

16 ‘‘(ii) apply the applicable requirements 

17 of such predominant modal component to 

18 the project. 

19 ‘‘(B) EXCEPTIONS.— 

20 ‘‘(i) PASSENGER OR FREIGHT RAIL

21 COMPONENT.—For any passenger or freight 

22 rail component of a project, the require23 ments of section 22907(j)(2) of title 49 shall 

24 apply. 


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1 ‘‘(ii) PUBLIC TRANSPORTATION COMPO2 NENT.—For any public transportation com3 ponent of a project, the requirements of sec4 tion 5333 of title 49 shall apply. 

5 ‘‘(C) BUY AMERICA.—In applying the Buy 

6 America requirements under section 313 of this 

7 title and sections 5320, 22905(a), and 24305(f) 

8 of title 49 to a multimodal project under this 

9 paragraph, the Secretary shall— 

10 ‘‘(i) consider the various modal compo11 nents of the project; and 

12 ‘‘(ii) seek to maximize domestic jobs. 

13 ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FACILI14 TIES.—None of the funds provided under this section may 

15 be used for a project that will result in the construction 

16 of new capacity available to single occupant vehicles unless 

17 the project consists of a high-occupancy vehicle facility and 

18 is consistent with section 166. 

19 ‘‘(l) PUBLIC COMMENT.—Prior to issuing the notice of 

20 funding opportunity for funding under this section for fis21 cal year 2023, the Secretary, in consultation with the Ad22 ministrator of the Environmental Protection Agency, shall 

23 solicit public comment on the method of determining the 

24 significant reduction in greenhouse gas emissions required 

25 under subsection (e). 


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1 ‘‘(m) CONSULTATION.—Prior to making an award 

2 under this section in a given fiscal year, the Secretary shall 

3 consult with the Administrator of the Environmental Pro4 tection Agency to determine which projects are expected to 

5 yield a significant reduction in greenhouse gas emissions 

6 as required under subsection (e). 

7 ‘‘(n) RURAL SET-ASIDE.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall set aside 

9 not less than 10 percent of the amounts made avail10 able to carry out this section for projects located in 

11 rural areas. 

12 ‘‘(2) DEFINITION OF RURAL AREA.—In this sub13 section, the term ‘rural area’ means all areas of a 

14 State or territory that are outside of an urbanized 

15 area with a population greater than 74,999 individ16 uals, as determined by the Bureau of the Census.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chapter 

18 1 of title 23, United States Code, is amended by inserting 

19 after the item relating to section 171 the following: 

‘‘172. Community climate innovation grants.’’. 

20 SEC. 1305. METRO PERFORMANCE PROGRAM. 

21 (a) ESTABLISHMENT.—The Secretary of Transpor22 tation shall establish a metro performance program in ac23 cordance with this section to enhance local decision making 

24 and provide enhanced local control in transportation 

25 project delivery. 


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1 (b) DIRECT RECIPIENT DESIGNATION.— 

2 (1) IN GENERAL.—The Secretary shall designate 

3 high-performing metropolitan planning organizations 

4 based on the criteria in paragraph (3) to be direct re5 cipients of funds under this section. 

6 (2) AUTHORITY.—Nothing in this section shall be 

7 construed to prohibit a direct recipient from taking 

8 any action otherwise authorized to secure and expend 

9 Federal funds authorized under chapter 1 of title 23, 

10 United States Code. 

11 (3) CRITERIA.—In designating an applicant 

12 under this subsection, the Secretary shall consider— 

13 (A) the legal, financial, and technical ca14 pacity of the applicant; 

15 (B) the level of coordination between the ap16 plicant and— 

17 (i) the State department of transpor18 tation of the State or States in which the 

19 metropolitan planning area represented by 

20 the applicant is located; 

21 (ii) local governments and providers of 

22 public transportation within the metropoli23 tan planning area represented by the appli24 cant; and 


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1 (iii) if more than one metropolitan 

2 planning organization is designated within 

3 an urbanized area represented by the appli4 cant, any other such metropolitan planning 

5 organization; 

6 (C) in the case of an applicant that rep7 resents an urbanized area population of greater 

8 than 200,000, the effectiveness of project delivery 

9 and timely obligation of funds made available 

10 under section 133(d)(1)(A)(i) of title 23, United 

11 States Code; 

12 (D) if the applicant or a local government 

13 within the metropolitan planning area that the 

14 applicant represents has been the recipient of a 

15 discretionary grant from the Secretary within 

16 the preceding 5 years, the administration of such 

17 grant; 

18 (E) the extent to which the planning and 

19 decision making process of the applicant, includ20 ing the long-range transportation plan and the 

21 approved transportation improvement program 

22 under section 134 of such title, support— 

23 (i) the performance goals established 

24 under section 150(b) of such title; and 


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1 (ii) the achievement of metropolitan or 

2 statewide performance targets established 

3 under section 150(d) of such title; 

4 (F) whether the applicant is a designated 

5 recipient of funds as described under subpara6 graphs (A) and (B) of section 5302(4) of title 49, 

7 United States Code, or a direct recipient of 

8 funds under section 5307 of such title from the 

9 Federal Transit Administration; and 

10 (G) any other criteria established by the 

11 Secretary. 

12 (4) REQUIREMENTS.— 

13 (A) CALL FOR NOMINATION.—Not later than 

14 February 1, 2022, the Secretary shall publish in 

15 the Federal Register a notice soliciting applica16 tions for designation under this subsection. 

17 (B) GUIDANCE.—The notification under 

18 paragraph (1) shall include guidance on the re19 quirements and responsibilities of a direct re20 cipient under this section, including imple21 menting regulations. 

22 (C) DETERMINATION.—The Secretary shall 

23 make all designations under this section for fis24 cal year 2023 not later than June 1, 2022. 


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1 (5) TERM.—Except as provided in paragraph 

2 (6), a designation under this subsection shall— 

3 (A) be for a period of not less than 5 years; 

4 and 

5 (B) be renewable. 

6 (6) TERMINATION.— 

7 (A) IN GENERAL.—The Secretary shall es8 tablish procedures for the termination of a des9 ignation under this subsection. 

10 (B) CONSIDERATIONS.—In establishing pro11 cedures under subparagraph (A), the Secretary 

12 shall consider— 

13 (i) with respect to projects carried out 

14 under this section, compliance with the re15 quirements of title 23, United States Code, 

16 or chapter 53 of title 49, United States 

17 Code; and 

18 (ii) the obligation rate of any funds— 

19 (I) made available under this sec20 tion; and 

21 (II) in the case of a metropolitan 

22 planning organization that represents 

23 a metropolitan planning area with an 

24 urbanized area population of greater 

25 than 200,000, made available under 


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1 section 133(d)(1)(A)(i) of title 23, 

2 United States Code. 

3 (c) USE OF FUNDS.— 

4 (1) ELIGIBLE PROJECTS.—Funds made available 

5 under this section may be obligated for the purposes 

6 described in section 133(b) of title 23, United States 

7 Code. 

8 (2) ADMINISTRATIVE EXPENSES AND TECHNICAL

9 ASSISTANCE.—Of the amounts made available under 

10 this section, the Secretary may set aside not more 

11 than $5,000,000 in each of fiscal years 2023 through 

12 2026 for program management, oversight, and tech13 nical assistance to direct recipients. 

14 (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 

15 (1) DIRECT AVAILABILITY OF FUNDS.—Notwith16 standing title 23, United States Code, the amounts 

17 made available under this section shall be allocated to 

18 each direct recipient for obligation. 

19 (2) DISTRIBUTION OF AMOUNTS AMONG DIRECT

20 RECIPIENTS.— 

21 (A) IN GENERAL.—Subject to subparagraph 

22 (B), on the first day of the fiscal year for which 

23 funds are made available under this section, the 

24 Secretary shall allocate such funds to each direct 

25 recipient as the proportion of the population (as 


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1 determined by data collected by the Bureau of 

2 the Census) of the urbanized area represented by 

3 any 1 direct recipient bears to the total popu4 lation of all of urbanized areas represented by all 

5 direct recipients. 

6 (B) MINIMUM AND MAXIMUM AMOUNTS.—Of 

7 funds allocated to direct recipients under sub8 paragraph (A), each direct recipient shall receive 

9 not less than $10,000,000 and not more than 

10 $50,000,000 each fiscal year. 

11 (C) MINIMUM GUARANTEED AMOUNT.—In 

12 making a determination whether to designate a 

13 metropolitan planning organization as a direct 

14 recipient under subsection (b), the Secretary 

15 shall ensure that each direct recipient receives 

16 the minimum required allocation under subpara17 graph (B). 

18 (D) ADDITIONAL AMOUNTS.—If any 

19 amounts remain undistributed after the distribu20 tion described in this subsection, such remaining 

21 amounts and an associated amount of obligation 

22 limitation shall be made available as if suballo23 cated under clauses (i) and (ii) of section 

24 133(d)(1)(A) of title 23, United States Code, and 

25 distributed among the States in the proportion 


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1 that the relative shares of the population (as de2 termined by data collected by the Bureau of the 

3 Census) of the urbanized areas of each State 

4 bears to the total populations of all urbanized 

5 areas across all States. 

6 (3) PROJECT DELIVERY.— 

7 (A) IN GENERAL.—For 1 or more projects 

8 carried out with funds provided under this sec9 tion, the direct recipient may, consistent with 

10 the agreement entered into with the Secretary 

11 under this paragraph, assume the Federal-aid 

12 highway project approval and oversight respon13 sibilities vested in the State department of trans14 portation under section 106 of title 23, United 

15 States Code. 

16 (B) PARTNERSHIP.—The direct recipient 

17 may partner with a State, unit of local govern18 ment, regional entity, or transit agency to carry 

19 out a project under this section. 

20 (C) PROCEDURAL, LEGAL, AND SUB21 STANTIVE REQUIREMENTS.—A direct recipient 

22 entering into an agreement with the Secretary 

23 under this section shall assume responsibility for 

24 compliance with all procedural and substantive 

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1 bility were carried out by a State, unless the di2 rect recipient or the Secretary determines that 

3 such assumption of responsibility for 1 or more 

4 of the procedural and substantive requirements is 

5 not appropriate. 

6 (D) WRITTEN AGREEMENT.—The Secretary 

7 and the direct recipient shall enter into an 

8 agreement in writing relating to the extent to 

9 which the direct recipient assumes the respon10 sibilities of the Secretary under this paragraph. 

11 Such agreement shall be developed in consulta12 tion with the State. 

13 (E) USE OF FUNDS.—The direct recipient 

14 may use amounts made available under this sec15 tion for costs incurred in implementing this 

16 paragraph and to compensate a State, unit of 

17 local government, or transit agency for costs in18 curred in providing assistance under this para19 graph. 

20 (F) LIMITATIONS.—The direct recipient 

21 may not assume responsibilities described in sub22 paragraph (A) for any project that the Secretary 

23 determines to be in a high-risk category, includ24 ing projects on the National Highway System. 

25 (e) EXPENDITURE OF FUNDS.— 


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1 (1) CONSISTENCY WITH METROPOLITAN PLAN2 NING.—Except as otherwise provided in this section, 

3 programming and expenditure of funds for projects 

4 under this section shall be consistent with the require5 ments of section 134 of title 23, United States Code, 

6 and section 5303 of title 49, United States Code. 

7 (2) SELECTION OF PROJECTS.— 

8 (A) IN GENERAL.—Notwithstanding sub9 sections (j)(5) and (k)(4) of section 134 of title 

10 23, United States Code, or subsections (j)(5) and 

11 (k)(4) of section 5303 of title 49, United States 

12 Code, a direct recipient shall select, from the ap13 proved transportation improvement program 

14 under such sections, all projects to be funded 

15 under this section, including projects on the Na16 tional Highway System. 

17 (B) ELIGIBLE PROJECTS.—The project se18 lection process described in this subsection shall 

19 apply to all federally funded projects within the 

20 boundaries of a metropolitan planning area 

21 served by a direct recipient that are carried out 

22 under this section. 

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1 politan planning organization shall consult 

2 with— 

3 (i) in the case of a highway project, the 

4 State and locality in which such project is 

5 located; and 

6 (ii) in the case of a transit project, any 

7 affected public transportation operator. 

8 (3) RULE OF CONSTRUCTION.—Nothing in this 

9 section shall be construed to limit the ability of a di10 rect recipient to partner with a State department of 

11 transportation or other recipient of Federal funds 

12 under title 23, United States Code, or chapter 53 of 

13 title 49, United States Code, to carry out a project. 

14 (f) TREATMENT OF FUNDS.— 

15 (1) IN GENERAL.—Except as provided in this 

16 section, funds made available to carry out this section 

17 shall be administered as if apportioned under chapter 

18 1 of title 23, United States Code. 

19 (2) FEDERAL SHARE.—The Federal share of the 

20 cost of a project carried out under this section shall 

21 be determined in accordance with section 120 of title 

22 23, United States Code. 

23 (g) REPORT.— 

24 (1) DIRECT RECIPIENT REPORT.—Not later than 

25 60 days after the end of each fiscal year, each direct 


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1 recipient shall submit to the Secretary a report that 

2 includes— 

3 (A) a list of projects funded with amounts 

4 provided under this section; 

5 (B) a description of any obstacles to com6 plete projects or timely obligation of funds; and 

7 (C) recommendations to improve the effec8 tiveness of the program under this section. 

9 (2) REPORT TO CONGRESS.—Not later than Oc10 tober 1, 2024, the Secretary shall submit to the Com11 mittee on Environment and Public Works of the Sen12 ate and the Committee on Transportation and Infra13 structure of the House of Representatives a report 

14 that— 

15 (A) summarizes the findings of each direct 

16 recipient provided under paragraph (1); 

17 (B) describes the efforts undertaken by both 

18 direct recipients and the Secretary to ensure 

19 compliance with the requirements of title 23 and 

20 chapter 53 of title 49, United States Code; 

21 (C) analyzes the capacity of direct recipi22 ents to receive direct allocations of funds under 

23 chapter 1 of title 23, United States Code; and 

24 (D) provides recommendations from the 

25 Secretary to— 


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1 (i) improve the administration, over2 sight, and performance of the program es3 tablished under this section; 

4 (ii) improve the effectiveness of direct 

5 recipients to complete projects and obligate 

6 funds in a timely manner; and 

7 (iii) evaluate options to expand the au8 thority provided under this section, includ9 ing to allow for the direct allocation to met10 ropolitan planning organizations of funds 

11 made available to carry out clause (i) or 

12 (ii) of section 133(d)(1)(A) of title 23, 

13 United States Code. 

14 (3) UPDATE.—Not less frequently than every 2 

15 years, the Secretary shall update the report described 

16 in paragraph (2). 

17 (h) DEFINITIONS.— 

18 (1) DIRECT RECIPIENT.—In this section, the 

19 term ‘‘direct recipient’’ means a metropolitan plan20 ning organization designated by the Secretary as 

21 high-performing under subsection (b) and that was 

22 directly allocated funds as described in subsection (d). 

23 (2) METROPOLITAN PLANNING AREA.—The term 

24 ‘‘metropolitan planning area’’ has the meaning given 


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1 such term in section 134 of title 23, United States 

2 Code. 

3 (3) METROPOLITAN PLANNING ORGANIZATION.— 

4 The term ‘‘metropolitan planning organization’’ has 

5 the meaning given such term in section 134 of title 

6 23, United States Code. 

7 (4) NATIONAL HIGHWAY SYSTEM.—The term 

8 ‘‘National Highway System’’ has the meaning given 

9 such term in section 101 of title 23, United States 

10 Code. 

11 (5) STATE.—The term ‘‘State’’ has the meaning 

12 given such term in section 101 of title 23, United 

13 States Code. 

14 (6) URBANIZED AREA.—The term ‘‘urbanized 

15 area’’ has the meaning given such term in section 134 

16 of title 23, United States Code. 

17 SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 

18 (a) ESTABLISHMENT.—The Secretary of Transpor19 tation shall establish a gridlock reduction program to make 

20 grants, on a competitive basis, for projects to reduce, and 

21 mitigate the adverse impacts of, traffic congestion. 

22 (b) APPLICATIONS.—To be eligible for a grant under 

23 this section, an applicant shall submit to the Secretary an 

24 application in such form, at such time, and containing such 

25 information as the Secretary determines appropriate. 


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1 (c) ELIGIBILITY.— 

2 (1) ELIGIBLE APPLICANTS.—The Secretary may 

3 make grants under this section to an applicant that 

4 serves an eligible area and that is— 

5 (A) a metropolitan planning organization; 

6 (B) a unit of local government or a group 

7 of local governments; 

8 (C) a multijurisdictional group of entities 

9 described in subparagraphs (A) and (B); 

10 (D) a special purpose district or public au11 thority with a transportation function, including 

12 a port authority; or 

13 (E) a State that is in partnership with an 

14 entity or group of entities described in subpara15 graph (A), (B), or (C). 

16 (2) ELIGIBLE AREA.—An eligible area for an eli17 gible entity under paragraph (1) shall be— 

18 (A) a combined statistical area, as defined 

19 by the Office of Management and Budget, with 

20 a population of not less than 1,300,000; or 

21 (B) a metropolitan statistical area that is 

22 not part of a combined statistical area, as de23 fined by the Office of Management and Budget, 

24 that has a population of not less than 750,000. 


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1 (d) ELIGIBLE PROJECTS.—The Secretary may award 

2 grants under this section to applicants that submit a com3 prehensive program of surface transportation-related 

4 projects to reduce traffic congestion and related adverse im5 pacts, including a project for one or more of the following: 

6 (1) Transportation systems management and op7 erations, including strategies to improve the oper8 ations of high-occupancy vehicle lanes. 

9 (2) Intelligent transportation systems to improve 

10 connectivity and innovation. 

11 (3) Real-time traveler information. 

12 (4) Traffic incident management. 

13 (5) Active traffic management. 

14 (6) Traffic signal timing. 

15 (7) Multimodal travel payment systems. 

16 (8) Transportation demand management, includ17 ing employer-based commuting programs such as car18 pool, vanpool, transit benefit, parking cashout, shut19 tle, or telework programs. 

20 (9) A project to provide transportation options 

21 to reduce traffic congestion, including— 

22 (A) a project under chapter 53 of title 49, 

23 United States Code, including value capture and 

24 transit-oriented development projects; 


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1 (B) a bicycle or pedestrian project, includ2 ing a project to provide safe and connected active 

3 transportation networks; and 

4 (C) a surface transportation project carried 

5 out in accordance with the national travel and 

6 tourism infrastructure strategic plan under sec7 tion 1431(e) of the FAST Act (49 U.S.C. 301 

8 note). 

9 (10) Any other project, as determined appro10 priate by the Secretary utilizing eligible projects. 

11 (e) AWARD PRIORITIZATION.— 

12 (1) IN GENERAL.—In selecting grants under this 

13 section, the Secretary shall prioritize applicants serv14 ing urbanized areas, as described in subsection (c), 

15 that are experiencing a high degree of recurrent trans16 portation congestion, as determined by the Secretary. 

17 (2) ADDITIONAL CONSIDERATIONS.—In selecting 

18 grants under this section, the Secretary shall also con19 sider the extent to which the project would— 

20 (A) reduce traffic congestion and improve 

21 the reliability of the surface transportation sys22 tem; 

23 (B) mitigate the adverse impacts of traffic 

24 congestion on the surface transportation system, 

25 including safety and environmental impacts; 


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1 (C) maximize the use of existing capacity; 

2 and 

3 (D) employ innovative, integrated, and 

4 multimodal solutions to the items described in 

5 subparagraphs (A), (B), and (C). 

6 (f) FEDERAL SHARE.— 

7 (1) IN GENERAL.—The Federal share of the cost 

8 of a project carried out under this section may not ex9 ceed 60 percent. 

10 (2) MAXIMUM FEDERAL SHARE.—Federal assist11 ance other than a grant for a project under this sec12 tion may be used to satisfy the non-Federal share of 

13 the cost of such project, except that the total Federal 

14 assistance provided for a project receiving a grant 

15 under this section may not exceed 80 percent of the 

16 total project cost. 

17 (g) USE OF FUNDS.—Funds made available for a 

18 project under this section may be used for— 

19 (1) development phase activities, including plan20 ning, feasibility analysis, revenue forecasting, envi21 ronmental review, preliminary engineering and de22 sign work, and other preconstruction activities; and 

23 (2) construction, reconstruction, rehabilitation, 

24 acquisition of real property (including land related to 

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1 mental mitigation, construction contingencies, acqui2 sition of equipment, and operational improvements. 

3 (h) FUNDING.— 

4 (1) GRANT AMOUNT.—A grant under this section 

5 shall be in an amount not less than $10,000,000 and 

6 not more than $50,000,000. 

7 (2) AVAILABILITY.—Funds made available under 

8 this program shall be available until expended. 

9 (i) FREIGHT PROJECT SET-ASIDE.— 

10 (1) IN GENERAL.—The Secretary shall set aside 

11 not less than 50 percent of the funds made available 

12 to carry out this section for grants for freight projects 

13 under this subsection. 

14 (2) ELIGIBLE USES.—The Secretary shall pro15 vide funds set aside under this subsection to appli16 cants that submit a comprehensive program of surface 

17 transportation-related projects to reduce freight-re18 lated traffic congestion and related adverse impacts, 

19 including— 

20 (A) freight intelligent transportation sys21 tems; 

22 (B) real-time freight parking information; 

23 (C) real-time freight routing information; 

24 (D) freight transportation and delivery 

25 safety projects; 


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1 (E) first-mile and last-mile delivery solu2 tions; 

3 (F) shifting freight delivery to off-peak trav4 el times; 

5 (G) reducing greenhouse gas emissions and 

6 air pollution from freight transportation and de7 livery, including through the use of innovative 

8 vehicles that produce fewer greenhouse gas emis9 sions; 

10 (H) use of centralized delivery locations; 

11 (I) designated freight vehicle parking and 

12 staging areas; 

13 (J) curb space management; and 

14 (K) other projects, as determined appro15 priate by the Secretary. 

16 (3) AWARD PRIORITIZATION.— 

17 (A) IN GENERAL.—In providing funds set 

18 aside under this section, the Secretary shall 

19 prioritize applicants serving urbanized areas, as 

20 described in subsection (c), that are experiencing 

21 a high degree of recurrent congestion due to 

22 freight transportation, as determined by the Sec23 retary. 

24 (B) ADDITIONAL CONSIDERATIONS.—In 

25 providing funds set aside under this subsection, 


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1 the Secretary shall consider the extent to which 

2 the proposed project— 

3 (i) reduces freight-related traffic con4 gestion and improves the reliability of the 

5 freight transportation system; 

6 (ii) mitigates the adverse impacts of 

7 freight-related traffic congestion on the sur8 face transportation system, including safety 

9 and environmental impacts; 

10 (iii) maximizes the use of existing ca11 pacity; 

12 (iv) employs innovative, integrated, 

13 and multimodal solutions to the items de14 scribed in clauses (i) through (iii); 

15 (v) leverages Federal funds with non16 Federal contributions; and 

17 (vi) integrates regional multimodal 

18 transportation management and oper19 ational projects that address both passenger 

20 and freight congestion. 

21 (4) FLEXIBILITY.—If the Secretary determines 

22 that there are insufficient qualified applicants to use 

23 the funds set aside under this subsection, the Sec24 retary may use such funds for grants for any projects 

25 eligible under this section. 


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1 (j) REPORT.— 

2 (1) RECIPIENT REPORT.—The Secretary shall 

3 ensure that not later than 2 years after the Secretary 

4 awards grants under this section, the recipient of each 

5 such grant submits to the Secretary a report that con6 tains— 

7 (A) information on each activity or project 

8 that received funding under this section; 

9 (B) a summary of any non-Federal re10 sources leveraged by a grant under this section; 

11 (C) any statistics, measurements, or quan12 titative assessments that demonstrate the conges13 tion reduction, reliability, safety, and environ14 mental benefits achieved through activities or 

15 projects that received funding under this section; 

16 and 

17 (D) any additional information required by 

18 the Secretary. 

19 (2) REPORT TO CONGRESS.—Not later than 9 

20 months after the date specified in paragraph (1), the 

21 Secretary shall submit to the Committee on Transpor22 tation and Infrastructure of the House of Representa23 tives and the Committee on Environment and Public 

24 Works, the Committee on Commerce, Science, and 

25 Transportation, and the Committee on Banking, 


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1 Housing, and Urban Affairs of the Senate, and make 

2 publicly available on a website, a report detailing— 

3 (A) a summary of any information pro4 vided under paragraph (1); and 

5 (B) recommendations and best practices 

6 to— 

7 (i) reduce traffic congestion, including 

8 freight-related traffic congestion, and im9 prove the reliability of the surface transpor10 tation system; 

11 (ii) mitigate the adverse impacts of 

12 traffic congestion, including freight-related 

13 traffic congestion, on the surface transpor14 tation system, including safety and environ15 mental impacts; and 

16 (iii) employ innovative, integrated, 

17 and multimodal solutions to the items de18 scribed in clauses (i) and (ii). 

19 (k) NOTIFICATION.—Not later than 3 business days be20 fore awarding a grant under this section, the Secretary 

21 shall notify the Committee on Transportation and Infra22 structure of the House of Representatives and the Committee 

23 on Environment and Public Works, the Committee on Com24 merce, Science, and Transportation, and the Committee on 


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1 Banking, Housing, and Urban Affairs of the Senate of the 

2 intention to award such a grant. 

3 (l) TREATMENT OF PROJECTS.— 

4 (1) FEDERAL REQUIREMENTS.—The Secretary 

5 shall, with respect to a project funded by a grant 

6 under this section, apply— 

7 (A) the requirements of title 23, United 

8 States Code, to a highway project; 

9 (B) the requirements of chapter 53 of title 

10 49, United States Code, to a public transpor11 tation project; and 

12 (C) the requirements of section 22905 of 

13 title 49, United States Code, to a passenger rail 

14 or freight rail project. 

15 (2) MULTIMODAL PROJECTS.— 

16 (A) IN GENERAL.—Except as otherwise pro17 vided in this paragraph, if an eligible project is 

18 a multimodal project, the Secretary shall— 

19 (i) determine the predominant modal 

20 component of the project; and 

21 (ii) apply the applicable requirements 

22 of such predominant modal component to 

23 the project. 

24 (B) EXCEPTIONS.— 


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1 (i) PASSENGER OR FREIGHT RAIL COM2 PONENT.—For any passenger or freight rail 

3 component of a project, the requirements of 

4 section 22907(j)(2) of title 49, United States 

5 Code, shall apply. 

6 (ii) PUBLIC TRANSPORTATION COMPO7 NENT.—For any public transportation com8 ponent of a project, the requirements of sec9 tion 5333 of title 49, United States Code, 

10 shall apply. 

11 (C) BUY AMERICA.—In applying the Buy 

12 America requirements under section 313 of title 

13 23, United States Code, and sections 5320, 

14 22905(a), and 24305(f) of title 49, United States 

15 Code, to a multimodal project under this para16 graph, the Secretary shall— 

17 (i) consider the various modal compo18 nents of the project; and 

19 (ii) seek to maximize domestic jobs. 

20 (m) TREATMENT OF FUNDS.—Except as provided in 

21 subsection (l), funds authorized for the purposes described 

22 in this section shall be available for obligation in the same 

23 manner as if the funds were apportioned under chapter 1 

24 of title 23, United States Code. 


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1 SEC. 1307. REBUILD RURAL BRIDGES PROGRAM. 

2 (a) ESTABLISHMENT.—The Secretary of Transpor3 tation shall establish a rebuild rural bridges program to 

4 improve the safety and state of good repair of bridges in 

5 rural communities. 

6 (b) GRANT AUTHORITY.—In carrying out the program 

7 established in subsection (a), the Secretary shall make 

8 grants, on a competitive basis, to eligible applicants in ac9 cordance with this section. 

10 (c) APPLICATIONS.—To be eligible for a grant under 

11 this section, an eligible entity shall submit to the Secretary 

12 an application in such form, at such time, and containing 

13 such information as the Secretary determines appropriate. 

14 (d) ELIGIBLE PROJECTS.—The Secretary— 

15 (1) shall provide grants under this section to 

16 projects eligible under title 23, United States Code, 

17 including projects on and off of the Federal-aid high18 way system, to inspect, replace, rehabilitate, or pre19 serve— 

20 (A) an off-system bridge; 

21 (B) a bridge on Tribal land; or 

22 (C) a bridge in poor condition located in a 

23 rural community; and 

24 (2) may provide a grant for a bundle of bridges 

25 described in paragraph (1). 


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1 (e) ELIGIBLE PROJECT COSTS.—A recipient of a grant 

2 under this section may use such grant for— 

3 (1) development phase activities, including plan4 ning, feasibility analysis, revenue forecasting, envi5 ronmental review, preliminary engineering and de6 sign work, and other preconstruction activities; 

7 (2) construction, reconstruction, rehabilitation, 

8 acquisition of real property (including land related to 

9 the project and improvements to the land), environ10 mental mitigation, and construction contingencies; 

11 and 

12 (3) bridge inspection, evaluation, and preserva13 tion. 

14 (f) FEDERAL SHARE.— 

15 (1) IN GENERAL.—The Federal share of the cost 

16 of a project carried out using a grant under this sec17 tion may not exceed 80 percent of the total cost of 

18 such project. 

19 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 

20 assistance other than a grant under this section may 

21 be used to satisfy up to 100 percent of the total cost 

22 of such project. 

23 (g) CONSIDERATIONS.—In making grants under this 

24 section, the Secretary shall consider— 


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1 (1) whether the project can be completed without 

2 additional Federal funding or financial assistance 

3 available to the project sponsor, beyond existing Fed4 eral apportionments; and 

5 (2) the level of benefits the project is expected to 

6 generate, including— 

7 (A) the costs avoided by the prevention of 

8 closure or reduced use of the asset to be improved 

9 by the project; 

10 (B) reductions in maintenance costs over 

11 the life of the asset; 

12 (C) safety benefits, including the reduction 

13 of accidents and related costs; and 

14 (D) benefits to the economy of the rural or 

15 Tribal community. 

16 (h) INVESTMENTS IN COLONIAS.— 

17 (1) IN GENERAL.—Of the grants made available 

18 under this section, for fiscal years 2023 through 2026, 

19 a total of not less than $10,000,000 shall be made 

20 available to provide grants that improve the safety, 

21 state of good repair, or connectivity through bridge 

22 investments in and providing access to, colonias. 

23 (2) COLONIA DEFINED.—In this section, the term 

24 ‘‘colonia’’ means any identifiable community that— 


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1 (A) is in the State of Arizona, California, 

2 New Mexico, or Texas; 

3 (B) is in the area of the United States with4 in 150 miles of the border between the United 

5 States and Mexico, except that the term does not 

6 include any standard metropolitan statistical 

7 area that has a population exceeding 1,000,000; 

8 (C) is determined to be a colonia on the 

9 basis of objective criteria, including lack of pota10 ble water supply, lack of adequate sewage sys11 tems, and lack of decent, safe, and sanitary hous12 ing; and 

13 (D) was in existence as a colonia before No14 vember 28, 1990. 

15 (i) NOTIFICATION.—Not later than 3 business days be16 fore awarding a grant under this section, the Secretary 

17 shall notify the Committee on Transportation and Infra18 structure of the House of Representatives and the Committee 

19 on Environment and Public Works of the Senate of the in20 tention to award such a grant. 

21 (j) DEFINITIONS.—In this section: 

22 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 

23 applicant’’ means— 

24 (A) a State; 


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1 (B) a metropolitan planning organization 

2 or a regional transportation planning organiza3 tion; 

4 (C) a unit of local government; 

5 (D) a Federal land management agency; 

6 (E) an Indian Tribe or Tribal organiza7 tion; 

8 (F) a territory; and 

9 (G) a multijurisdictional group of entities 

10 described in subparagraph (A) through (F). 

11 (2) OFF SYSTEM BRIDGE.—The term ‘‘off-system 

12 bridge’’ has the meaning given such term in section 

13 133(f) of title 23, United States Code, (as added by 

14 this Act). 

15 (3) RURAL COMMUNITY.—The term ‘‘rural com16 munity’’ means an area that is not an urbanized 

17 area, as such term is defined in section 101(a) of title 

18 23, United States Code. 

19 SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES. 

20 (a) ESTABLISHMENT.—The Secretary of Transpor21 tation shall establish a program under which the Secretary 

22 shall make grants, on a competitive basis, to eligible entities 

23 to address the shortage of parking for commercial motor ve24 hicles to improve the safety of commercial motor vehicle op25 erators. 


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

2 this section, an eligible entity shall submit to the Secretary 

3 an application in such form, at such time, and containing 

4 such information as the Secretary may require. 

5 (c) ELIGIBLE PROJECTS.—Projects eligible under this 

6 section are projects that— 

7 (1) construct safety rest areas that include park8 ing for commercial motor vehicles; 

9 (2) construct commercial motor vehicle parking 

10 facilities— 

11 (A) adjacent to private commercial truck12 stops and travel plazas; 

13 (B) within the boundaries of, or adjacent to, 

14 a publicly owned freight facility, including a 

15 port terminal operated by a public authority; 

16 and 

17 (C) at existing facilities, including inspec18 tion and weigh stations and park-and-ride loca19 tions; 

20 (3) open existing weigh stations, safety rest 

21 areas, and park-and-ride facilities to commercial 

22 motor vehicle parking; 

23 (4) facilitate access to publicly and privately 

24 provided commercial motor vehicle parking, such as 

25 through the use of intelligent transportation systems; 


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1 (5) construct turnouts along a Federal-aid high2 way for commercial motor vehicles; 

3 (6) make capital improvements to public com4 mercial motor vehicle parking facilities that are 

5 closed on a seasonal basis to allow the facilities to re6 main open year-round; 

7 (7) open existing commercial motor vehicle 

8 chain-up areas that are closed on a seasonal basis to 

9 allow the facilities to remain open year-round for 

10 commercial motor vehicle parking; 

11 (8) address commercial motor vehicle parking 

12 and layover needs in emergencies that strain the ca13 pacity of existing publicly and privately provided 

14 commercial motor vehicle parking; and 

15 (9) make improvements to existing commercial 

16 motor vehicle parking facilities, including advanced 

17 truckstop electrification systems. 

18 (d) USE OF FUNDS.— 

19 (1) IN GENERAL.—An eligible entity may use a 

20 grant under this section for— 

21 (A) development phase activities, including 

22 planning, feasibility analysis, benefit-cost anal23 ysis, environmental review, preliminary engi24 neering and design work, and other 


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1 preconstruction activities necessary to advance a 

2 project described in subsection (c); and 

3 (B) construction and operational improve4 ments, as such terms are defined in section 101 

5 of title 23, United States Code. 

6 (2) PRIVATE SECTOR PARTICIPATION.—An eligi7 ble entity that receives a grant under this section may 

8 partner with a private entity to carry out an eligible 

9 project under this section. 

10 (3) LIMITATION.—Not more than 10 percent of 

11 the amounts made available to carry out this section 

12 may be used to promote the availability of existing 

13 commercial motor vehicle parking. 

14 (e) SELECTION CRITERIA.—In making grants under 

15 this section, the Secretary shall consider— 

16 (1) in the case of construction of new commercial 

17 motor vehicle parking capacity, the shortage of public 

18 and private commercial motor vehicle parking near 

19 the project; and 

20 (2) the extent to which each project— 

21 (A) would increase commercial motor vehi22 cle parking capacity or utilization; 

23 (B) would facilitate the efficient movement 

24 of freight; 


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1 (C) would improve safety, traffic congestion, 

2 and air quality; 

3 (D) is cost effective; and 

4 (E) reflects consultation with motor car5 riers, commercial motor vehicle operators, and 

6 private providers of commercial motor vehicle 

7 parking. 

8 (f) NOTIFICATION OF CONGRESS.—Not later than 3 

9 business days before announcing a project selected to receive 

10 a grant under this section, the Secretary of Transportation 

11 shall notify the Committee on Transportation and Infra12 structure of the House of Representatives and the Committee 

13 on Environment and Public Works of the Senate of the in14 tention to award such a grant. 

15 (g) FEDERAL SHARE.—The Federal share of the cost 

16 of a project under this section shall be determined in accord17 ance with subsections (b) and (c) of section 120 of title 23, 

18 United States Code. 

19 (h) PROHIBITION ON CHARGING FEES.—To be eligible 

20 for a grant under this section, an eligible entity shall certify 

21 that no fees will be charged for the use of a project assisted 

22 with such grant. 

23 (i) AMENDMENT TO MAP–21.—Section 1401(c)(1) of 

24 MAP–21 (23 U.S.C. 137 note) is amended— 


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1 (1) by inserting ‘‘and private providers of com2 mercial motor vehicle parking’’ after ‘‘personnel’’; and 

3 (2) in subparagraph (A) by striking ‘‘the capa4 bility of the State to provide’’ and inserting ‘‘the 

5 availability of’’. 

6 (j) SURVEY; COMPARATIVE ASSESSMENT; REPORT.— 

7 (1) UPDATE.—Not later than 2 years after the 

8 date of enactment of this Act, the Secretary shall up9 date the survey of each State required under section 

10 1401(c)(1) of the MAP–21 (23 U.S.C. 137 note). 

11 (2) REPORT.—Not later than 1 year after the 

12 deadline under paragraph (1), the Secretary shall 

13 publish on the website of the Department of Transpor14 tation a report that— 

15 (A) evaluates the availability of adequate 

16 parking and rest facilities for commercial motor 

17 vehicles engaged in interstate transportation; 

18 (B) evaluates the effectiveness of the projects 

19 funded under this section in improving access to 

20 commercial motor vehicle parking; and 

21 (C) reports on the progress being made to 

22 provide adequate commercial motor vehicle park23 ing facilities in the State. 


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1 (3) CONSULTATION.—The Secretary shall pre2 pare the report required under paragraph (2) in con3 sultation with— 

4 (A) relevant State motor carrier safety per5 sonnel; 

6 (B) motor carriers and commercial motor 

7 vehicle operators; and 

8 (C) private providers of commercial motor 

9 vehicle parking. 

10 (k) DEFINITIONS.—In this section: 

11 (1) COMMERCIAL MOTOR VEHICLE.—The term 

12 ‘‘commercial motor vehicle’’ has the meaning given 

13 such term in section 31132 of title 49, United States 

14 Code. 

15 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means— 

17 (A) a State; 

18 (B) a metropolitan planning organization; 

19 (C) a unit of local government; 

20 (D) a political subdivision of a State or 

21 local government carrying out responsibilities re22 lating to commercial motor vehicle parking; and 

23 (E) a multistate or multijurisdictional 

24 group of entities described in subparagraphs (A) 

25 through (D). 


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1 (3) SAFETY REST AREA.—The term ‘‘safety rest 

2 area’’ has the meaning given such term in section 

3 120(c) of title 23, United States Code. 

4 SEC. 1309. ACTIVE CONNECTED TRANSPORTATION GRANT 

5 PROGRAM. 

6 (a) ESTABLISHMENT.—The Secretary of Transpor7 tation shall establish an active connected transportation 

8 grant program to provide for safe and connected active 

9 transportation networks and active transportation connec10 tors. 

11 (b) GRANT AUTHORITY.—In carrying out the program 

12 established in subsection (a), the Secretary shall make 

13 grants, on a competitive basis, in accordance with this sec14 tion. 

15 (c) ELIGIBLE APPLICANTS.—The Secretary may make 

16 a grant under this section to— 

17 (1) a State; 

18 (2) a metropolitan planning organization; 

19 (3) a regional transportation authority; 

20 (4) a unit of local government, including a coun21 ty or multi-county special district; 

22 (5) a Federal land management agency; 

23 (6) a natural resource or public land agency; 

24 (7) an Indian Tribe or Tribal organization; 


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1 (8) any local or regional governmental entity 

2 with responsibility for or oversight of transportation 

3 or recreational trails; and 

4 (9) a multistate or multijurisdictional group of 

5 entities described in this subsection. 

6 (d) APPLICATIONS.—To be eligible for a grant under 

7 this section, an entity specified under subsection (c) shall 

8 submit to the Secretary an application in such form, at 

9 such time, and containing such information as the Sec10 retary determines appropriate. 

11 (e) ELIGIBLE PROJECTS.—The Secretary shall provide 

12 grants under this section to projects that improve the 

13 connectivity and the use of active transportation facili14 ties— 

15 (1) including— 

16 (A) active transportation networks; 

17 (B) active transportation connectors; and 

18 (C) planning related to the development 

19 of— 

20 (i) active transportation networks; 

21 (ii) active transportation connectors; 

22 and 

23 (iii) vision zero plans or complete 

24 streets prioritization plans under section 

25 1601; and 


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1 (2) that have— 

2 (A) total project costs of not less than 

3 $15,000,000; or 

4 (B) in the case of planning grants under 

5 subsection (f)(2), a total cost of not less than 

6 $100,000. 

7 (f) USE OF FUNDS.— 

8 (1) IN GENERAL.—Of the amounts made avail9 able to carry out this section for fiscal years 2023 

10 through 2026 and except as provided in paragraph 

11 (2), the Secretary shall obligate— 

12 (A) not less than 30 percent to eligible 

13 projects that construct active transportation net14 works; and 

15 (B) not less than 30 percent to eligible 

16 projects that construct active transportation con17 nectors. 

18 (2) PLANNING GRANTS.—Of the amounts made 

19 available to carry out this section for fiscal years 

20 2023 through 2026, the Secretary may use not more 

21 than 10 percent to provide planning grants to eligible 

22 applicants for activities under subsection (e)(1)(C). 

23 (g) CONSIDERATIONS.—In making grants under this 

24 section, the Secretary shall consider the extent to which— 


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1 (1) a project is likely to provide substantial ad2 ditional opportunities for active transportation, in3 cluding walking and bicycling, including through the 

4 creation of— 

5 (A) active transportation networks con6 necting destinations within or between commu7 nities, including between schools, workplaces, 

8 residences, businesses, recreation areas, and other 

9 community areas; and 

10 (B) active transportation connectors con11 necting 2 or more communities, metropolitan 

12 areas, or States, including greenway paths; 

13 (2) an applicant has adequately considered or 

14 will consider, including through the opportunity for 

15 public comment, the environmental justice and equity 

16 impacts of the project; 

17 (3) the project would improve safety for vulner18 able road users, including through the use of complete 

19 street design policies or a safe system approach; and 

20 (4) a project integrates active transportation fa21 cilities with public transportation services, where 

22 available, to improve access to public transportation. 

23 (h) LIMITATION.— 


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1 (1) IN GENERAL.—The share of the cost of a 

2 project assisted with a grant under this section may 

3 not exceed 80 percent. 

4 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 

5 assistance other than a grant under this section may 

6 be used to satisfy up to 100 percent of the total 

7 project cost. 

8 (i) ELIGIBLE PROJECT COSTS.—Amounts made avail9 able for a project under this section may be used for— 

10 (1) development phase activities, including plan11 ning, feasibility analysis, revenue forecasting, envi12 ronmental review, preliminary engineering and de13 sign work, and other preconstruction activities; and 

14 (2) construction, reconstruction, rehabilitation, 

15 acquisition of real property (including land related to 

16 the project and improvements to the land), environ17 mental mitigation, construction contingencies, acqui18 sition of equipment, and operational improvements. 

19 (j) NOTIFICATION.—Not later than 3 business days be20 fore awarding a grant under this section, the Secretary of 

21 Transportation shall notify the Committee on Transpor22 tation and Infrastructure of the House of Representatives 

23 and the Committee on Environment and Public Works of 

24 the Senate of the intention to award such a grant. 

25 (k) DEFINITIONS.—In this section: 


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1 (1) ACTIVE TRANSPORTATION NETWORK.—The 

2 term ‘‘active transportation network’’ means facilities 

3 built for alternative methods of transportation to 

4 motor vehicles for individuals, including sidewalks, 

5 bikeways, and pedestrian and bicycle trails, that con6 nect destinations within an area covered by a unit of 

7 local government, a county, a community, including 

8 a community on Federal lands, or a metropolitan 

9 area. 

10 (2) ACTIVE TRANSPORTATION CONNECTOR.—The 

11 term ‘‘active transportation connector’’ means facili12 ties built for alternative methods of transportation to 

13 motor vehicles for individuals, including sidewalks, 

14 bikeways, and pedestrian and bicycle trails, that con15 nect 2 or more active transportation networks or con16 nect communities, areas covered by a unit of local 

17 government, counties, metropolitan areas, Federal 

18 lands, or States. 

19 (3) GREENWAY PATH.—The term ‘‘greenway 

20 path’’ means an active transportation connector 

21 that— 

22 (A) crosses jurisdictional boundaries, in23 cluding State lines, and provides for connectivity 

24 between multiple communities, counties, metro25 politan areas, or States; or 


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1 (B) is a component of a regionally or na2 tionally significant network. 

3 (4) SAFE SYSTEM APPROACH.—The term ‘‘safe 

4 system approach’’ has the meaning given such term 

5 in section 148(a) of title 23, United States Code. 

6 (5) VULNERABLE ROAD USER.—The term ‘‘vul7 nerable road user’’ has the meaning given such term 

8 in section 148(a) of title 23, United States Code. 

9 SEC. 1310. WILDLIFE CROSSINGS PROGRAM. 

10 (a) ESTABLISHMENT.—The Secretary shall establish a 

11 competitive wildlife crossings grant program (referred to in 

12 this section as the ‘‘program’’) to provide grants for projects 

13 that seek to achieve— 

14 (1) a reduction in the number of wildlife-vehicle 

15 collisions; and 

16 (2) improved habitat connectivity for terrestrial 

17 and aquatic species. 

18 (b) ELIGIBLE ENTITIES.—The Secretary may make 

19 grants under the program to the following entities: 

20 (1) A State. 

21 (2) An Indian Tribe or Tribal organization. 

22 (3) A territory. 

23 (4) A Federal land management agency de24 scribed in section 203(b) of title 23, United States 

25 Code. 


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1 (5) A group of entities described in paragraphs 

2 (1) through (4). 

3 (c) APPLICATIONS.—To be eligible to receive a grant 

4 under the program, an eligible entity shall submit to the 

5 Secretary an application at such time, in such manner, and 

6 containing such information as the Secretary may require. 

7 (d) CONSIDERATIONS.—In selecting grant recipients 

8 under the program, the Secretary shall consider the fol9 lowing: 

10 (1) PRIMARY CRITERIA.—The extent to which the 

11 proposed project is likely to protect motorists and 

12 wildlife by reducing the number of wildlife-vehicle col13 lisions and improve habitat connectivity for terres14 trial and aquatic species. 

15 (2) SECONDARY CRITERIA.— 

16 (A) The resilience benefits of the project. 

17 (B) The extent to which the project incor18 porates climate science, including expected 

19 changes in migration patterns. 

20 (C) The extent to which the project sponsor 

21 has coordinated with the relevant State agency 

22 with jurisdiction over fish and wildlife, if appro23 priate. 

24 (D) In the case of a project involving spe25 cies listed as threatened species or endangered 


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1 species under the Endangered Species Act of 

2 1973 (16 U.S.C. 1531 et seq.), whether the 

3 project sponsor has coordinated with the United 

4 States Fish and Wildlife Service. 

5 (E) Other ecological benefits of the project, 

6 including— 

7 (i) reductions in stormwater runoff 

8 and other water pollution; and 

9 (ii) the benefits of improved habitat 

10 connectivity for pollinators and the use of 

11 natively appropriate grasses. 

12 (F) Whether the project supports local eco13 nomic development and improvement of visita14 tion opportunities. 

15 (G) The extent to which the project incor16 porates innovative technologies, including ad17 vanced design techniques and other strategies to 

18 enhance efficiency and effectiveness in reducing 

19 wildlife-vehicle collisions and improving habitat 

20 connectivity for terrestrial and aquatic species. 

21 (H) The extent to which the project provides 

22 educational and outreach opportunities. 

23 (I) Whether the project will further research 

24 to evaluate, compare effectiveness of, and identify 

25 best practices in selected projects. 


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1 (J) How the benefits compare to the costs of 

2 the project. 

3 (K) Any other criteria relevant to reducing 

4 the number of wildlife-vehicle collisions and im5 proving habitat connectivity for terrestrial and 

6 aquatic species, as the Secretary determines to be 

7 appropriate. 

8 (e) ELIGIBLE PROJECT COSTS.—Grant amounts for a 

9 project under this section may be used for— 

10 (1) development phase activities, including plan11 ning, feasibility analysis, revenue forecasting, envi12 ronmental review, preliminary engineering and de13 sign work, and other preconstruction activities; 

14 (2) construction (including construction of pro15 tective features), reconstruction, rehabilitation, acqui16 sition of real property (including land related to the 

17 project and improvements to the land), environmental 

18 mitigation, construction contingencies, acquisition of 

19 equipment, and operational improvements; and 

20 (3) planning and technical assistance activities 

21 consistent with section 5107 of title 49, United States 

22 Code, including— 

23 (A) data collection on wildlife-vehicle colli24 sions; 


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1 (B) integration of State, Tribal, territorial, 

2 regional, or Federal wildlife conservation plans 

3 and data collection with transportation planning 

4 and project selection; 

5 (C) technical assistance, including work6 force development training, on reducing wildlife7 vehicle collisions and improving habitat 

8 connectivity for terrestrial and aquatic species; 

9 and 

10 (D) education and public outreach to reduce 

11 wildlife-vehicle collisions. 

12 (f) PARTNERSHIPS.— 

13 (1) IN GENERAL.—A grant received under the 

14 program may be used to provide funds to an eligible 

15 partner as a subrecipient, in accordance with the 

16 terms of the project agreement and subject to the re17 quirements of this section. 

18 (2) ELIGIBLE PARTNER DEFINED.—In this sec19 tion, the term ‘‘eligible partner’’ means— 

20 (A) an eligible entity described in subsection 

21 (b); 

22 (B) a metropolitan planning organization; 

23 (C) a unit of local government; 

24 (D) a regional transportation authority; 


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1 (E) a special purpose district or public au2 thority with a transportation function, including 

3 a port authority; 

4 (F) a non-profit entity or institution of 

5 higher education; or 

6 (G) a Federal, Tribal, regional, State, or 

7 local governmental entity not described in sub8 section (b). 

9 (g) REQUIREMENTS.— 

10 (1) RURAL PROJECTS.—The Secretary shall re11 serve not less than 50 percent of the amounts made 

12 available under this section for projects located in a 

13 rural community. 

14 (2) RESILIENCE.—A project under this section 

15 shall be designed to ensure resilience over the antici16 pated service life of the asset. 

17 (3) LIMITATION.—The Secretary may not award 

18 more than 10 percent of the amounts made available 

19 under this section for grants that propose only activi20 ties described in subsection (e)(3). 

21 (h) NOTIFICATION.—Not later than 3 business days be22 fore awarding a grant under this section, the Secretary 

23 shall notify the Committee on Transportation and Infra24 structure of the House of Representatives and the Committee 


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1 on Environment and Public Works of the Senate of the in2 tention to award such a grant. 

3 (i) ANNUAL REPORT.— 

4 (1) IN GENERAL.—Not later than December 31 of 

5 each calendar year, the Secretary shall publish, on the 

6 website of the Department of Transportation, a report 

7 describing the activities under the program for the fis8 cal year that ends during that calendar year. 

9 (2) CONTENTS.—The report under paragraph (1) 

10 shall include— 

11 (A) a detailed description of the activities 

12 carried out under the program; 

13 (B) an evaluation of the effectiveness of the 

14 program in meeting the purposes described in 

15 subsection (b); and 

16 (C) policy recommendations, if any, to im17 prove the effectiveness of the program. 

18 (j) DEFINITIONS.—In this section: 

19 (1) PROTECTIVE FEATURES.—The term ‘‘protec20 tive features’’ has the meaning given such term in sec21 tion 101 of title 23, United States Code. 

22 (2) RESILIENCE.—The term ‘‘resilience’’ has the 

23 meaning given that term in section 101 of title 23, 

24 United States Code. 


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1 (3) RURAL COMMUNITY.—The term ‘‘rural com2 munity’’ means any area of a State or territory that 

3 is not an urbanized area, as such term is defined in 

4 section 101 of title 23, United States Code. 

5 (4) SECRETARY.—The term ‘‘Secretary’’ has the 

6 meaning given such term in section 101 of title 23, 

7 United States Code. 

8 (5) STATE.—The term ‘‘State’’ has the meaning 

9 given such term in section 101 of title 23, United 

10 States Code. 

11 SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM. 

12 (a) ESTABLISHMENT.—The Secretary of Transpor13 tation shall establish a reconnecting neighborhoods program 

14 under which an eligible entity may apply for funding in 

15 order to identify, remove, replace, retrofit, or remediate the 

16 effects from eligible facilities and restore or improve 

17 connectivity, mobility, and access in disadvantaged and un18 derserved communities, including— 

19 (1) studying the feasibility and impacts of re20 moving, retrofitting, or remediating the effects on 

21 community connectivity from an existing eligible fa22 cility; 

23 (2) conducting preliminary engineering and 

24 final design activities for a project to remove, retrofit, 


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1 or remediate the effects on community connectivity 

2 from an existing eligible facility; 

3 (3) conducting construction activities necessary 

4 to carry out a project to remove, retrofit, or remediate 

5 the effects on community connectivity from an exist6 ing eligible facility; and 

7 (4) ensuring any activities carried out under 

8 this section— 

9 (A) focus on improvements that will benefit 

10 the populations impacted by or previously dis11 placed by the eligible facility; and 

12 (B) emphasize equity by garnering commu13 nity engagement, avoiding future displacement, 

14 and ensuring local participation in the planning 

15 process. 

16 (b) ELIGIBLE ENTITIES.— 

17 (1) IN GENERAL.—The Secretary may award a 

18 planning grant or a capital construction grant to— 

19 (A) a State; 

20 (B) a unit of local government; 

21 (C) an Indian Tribe or Tribal organization; 

22 (D) a territory; 

23 (F) a metropolitan planning organization; 

24 (G) a transit agency; 


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1 (H) a special purpose district with a trans2 portation function; and 

3 (I) a group of entities described in this 

4 paragraph. 

5 (2) PARTNERSHIPS.—An eligible entity may 

6 enter into an agreement with the following entities to 

7 carry out the eligible activities under this section: 

8 (A) A nonprofit organization. 

9 (B) An institution of higher education, as 

10 such term is defined in section 101 of the Higher 

11 Education Act of 1965 (20 U.S.C. 1001), includ12 ing historically black colleges and universities, 

13 defined as the term ‘‘Predominantly Black insti14 tution’’ is defined in section 371(c) of the Higher 

15 Education Act of 1965 (20 U.S.C. 1067q(c)). 

16 (c) PLANNING GRANTS.— 

17 (1) IN GENERAL.—The Secretary may award 

18 grants (referred to in this section as a ‘‘planning 

19 grants’’) to carry out planning activities described in 

20 paragraph (2). 

21 (2) ELIGIBLE ACTIVITIES DESCRIBED.—The 

22 planning activities referred to in paragraph (1) are— 

23 (A) planning studies to evaluate the feasi24 bility of removing, retrofitting, or remediating 


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1 an existing eligible facility to restore community 

2 connectivity, including evaluations of— 

3 (i) current traffic patterns on the eligi4 ble facility proposed for removal, retrofit, or 

5 remediation and the surrounding street net6 work; 

7 (ii) the capacity of existing transpor8 tation networks to maintain mobility needs; 

9 (iii) an analysis of alternative road10 way designs or other uses for the right-of11 way of the eligible facility, including an 

12 analysis of whether the available right-of13 way would suffice to create an alternative 

14 roadway design; 

15 (iv) the effect of the removal, retrofit, 

16 or remediation of the eligible facility on the 

17 mobility of freight and people; 

18 (v) the effect of the removal, retrofit, or 

19 remediation of the eligible facility on the 

20 safety of the traveling public; 

21 (vi) the cost to remove, retrofit, or re22 mediate the eligible facility— 

23 (I) to restore community 

24 connectivity; and 


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1 (II) to convert the eligible facility 

2 to a roadway design or use that in3 creases safety, mobility, and access for 

4 all users, compared to any expected 

5 costs for necessary maintenance or re6 construction of the eligible facility; and 

7 (vii) the environmental impacts of re8 taining or reconstructing the eligible facil9 ity and the anticipated effect of the pro10 posed alternative use or roadway design; 

11 (B) public engagement activities to provide 

12 opportunities for public input into a plan to re13 move, replace, retrofit, or remediate the effects 

14 from an eligible facility, including— 

15 (i) building organizational or commu16 nity capacity to, and educating community 

17 members on how to, engage in and con18 tribute to eligible planning activities de19 scribed in subsection (c)(2); 

20 (ii) identifying community needs and 

21 desires for community improvements and 

22 developing community driven solutions in 

23 carrying out eligible planning activities de24 scribed in subsection (c)(2); 


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1 (iii) conducting assessments of equity, 

2 mobility and access, environmental justice, 

3 affordability, economic opportunity, health 

4 outcomes, and other local goals to be used in 

5 carrying out eligible planning activities de6 scribed in subsection (c)(2); and 

7 (iv) forming a community advisory 

8 board in accordance with subsection (d)(7); 

9 (C) other transportation planning activities 

10 required in advance of a project to remove, ret11 rofit, or remediate an existing eligible facility to 

12 restore community connectivity, as determined 

13 by the Secretary; 

14 (D) evaluating land use and zoning changes 

15 necessary to improve equity and maximize tran16 sit-oriented development in connection with 

17 project eligible for a capital construction grant, 

18 including activities eligible under section 5327 of 

19 title 49, United States Code; and 

20 (E) establishment of anti-displacement and 

21 equitable neighborhood revitalization strategies 

22 in connection with project eligible for a capital 

23 construction grant, including establishment of a 

24 community land trust for land acquisition, land 


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1 banking, and equitable transit-oriented develop2 ment. 

3 (3) TECHNICAL ASSISTANCE.— 

4 (A) IN GENERAL.—The Secretary may pro5 vide technical assistance described in subpara6 graph (B) to an eligible entity. 

7 (B) TECHNICAL ASSISTANCE DESCRIBED.— 

8 The technical assistance referred to in subpara9 graph (A) is technical assistance in building or10 ganizational or community capacity— 

11 (i) to conduct transportation planning; 

12 and 

13 (ii) to identify innovative solutions to 

14 challenges posed by existing eligible facili15 ties, including reconnecting communities 

16 that— 

17 (I) are bifurcated by eligible fa18 cilities; or 

19 (II) lack safe, reliable, and afford20 able transportation choices. 

21 (4) SELECTION.—The Secretary shall— 

22 (A) solicit applications for— 

23 (i) planning grants; 

24 (ii) technical assistance under para25 graph (3); and 


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1 (iii) the activities would benefit popu2 lations impacted by or previously displaced 

3 by an eligible facility; and 

4 (B) evaluate applications for a planning 

5 grant on the basis of the demonstration by the 

6 applicant that— 

7 (i) the eligible facility— 

8 (I) creates barriers to mobility, 

9 access, or economic development; or 

10 (II) is not justified by current 

11 and forecast future travel demand; and 

12 (ii) on the basis of preliminary assess13 ment into the feasibility of removing, retro14 fitting, or remediating the eligible facility 

15 to restore community connectivity, and in16 crease safety, mobility, and access for all 

17 users, further planning activities are nec18 essary and likely to be productive. 

19 (5) AWARD AMOUNTS.—A planning grant may 

20 not exceed $2,000,000 for any recipient. 

21 (6) FEDERAL SHARE.—The total Federal share 

22 of the cost of a planning activity for which a plan23 ning grant is used may not exceed 80 percent. 

24 (d) CAPITAL CONSTRUCTION GRANTS.— 


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1 (1) ELIGIBLE ENTITIES.—The Secretary may 

2 award grants (referred to in this section as a ‘‘capital 

3 construction grants’’) to eligible entities to carry out 

4 eligible projects described in paragraph (3). 

5 (2) PARTNERSHIPS.—In the case that the owner 

6 of an eligible facility that is the subject of the capital 

7 construction grant is not an eligible entity, an eligible 

8 entity shall demonstrate the existence of a partnership 

9 with the owner of the eligible facility. 

10 (3) ELIGIBLE PROJECTS.—A project eligible to be 

11 carried out with a capital construction grant includes 

12 the following: 

13 (A) The removal, retrofit, or remediation of 

14 the effects on community connectivity from of an 

15 eligible facility. 

16 (B) The replacement of an eligible facility 

17 with a new facility that— 

18 (i) restores community connectivity; 

19 (ii) employs context sensitive solutions 

20 appropriate for the surrounding commu21 nity; and 

22 (iii) is otherwise eligible for funding 

23 under title 23, United States Code. 

24 (C) Support for community partnerships, 

25 including a community advisory board described 


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1 under paragraph (7), in connection with a cap2 ital construction grant awarded under this sub3 section. 

4 (D) Other activities required to remove, re5 place, retrofit, or remediate an existing eligible 

6 facility, as determined by the Secretary. 

7 (4) SELECTION.—The Secretary shall— 

8 (A) solicit applications for capital construc9 tion grants; 

10 (B) evaluate applications on the basis of— 

11 (i) the degree to which the project will 

12 improve mobility and access through the re13 moval of barriers; 

14 (ii) the appropriateness of removing, 

15 retrofitting, or remediating the effects on 

16 community connectivity from the eligible fa17 cility, based on current traffic patterns and 

18 the ability of the project and the regional 

19 transportation network to absorb transpor20 tation demand and provide safe mobility 

21 and access; 

22 (iii) the impact of the project on 

23 freight movement; 

24 (iv) the results of a cost-benefit anal25 ysis of the project; 


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1 (v) the extent to which the grantee has 

2 plans for inclusive economic development in 

3 place, including the existing land use and 

4 whether the zoning provides for equitable 

5 and transit-oriented development of under6 utilized land; 

7 (vi) the degree to which the eligible fa8 cility is out of context with the current or 

9 planned land use; 

10 (vii) the results of any feasibility study 

11 completed for the project; 

12 (viii) whether the eligible facility is 

13 likely to need replacement or significant re14 construction within the 20-year period be15 ginning on the date of the submission of the 

16 application; 

17 (ix) whether the project is consistent 

18 with the relevant long-range transportation 

19 plan and included in the relevant statewide 

20 transportation improvement program; 

21 (x) whether the project is consistent 

22 with, and how the project would impact, the 

23 relevant transportation performance man24 agement targets; and 


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1 (xi) the extent to which the project ben2 efits populations impacted by or previously 

3 displaced by the eligible facility; 

4 (C) ensure that the project has conducted 

5 sufficient community engagement, such as the 

6 activities described in subsection (c)(2)(B); and 

7 (D) ensure that the jurisdiction in which 

8 the eligible facility is located has an anti-dis9 placement policy or a community land trust in 

10 place. 

11 (5) MINIMUM AWARD AMOUNTS.—A capital con12 struction grant shall be in an amount not less than 

13 $5,000,000 for each recipient. 

14 (6) FEDERAL SHARE.— 

15 (A) IN GENERAL.—Subject to subparagraph 

16 (B), the Federal share of the total cost of a 

17 project carried out using a capital construction 

18 grant may not exceed 80 percent. 

19 (B) MAXIMUM FEDERAL INVOLVEMENT.— 

20 Federal assistance other than a capital construc21 tion grant may be used to satisfy the non-Fed22 eral share of the cost of a project for which the 

23 grant is awarded. 

24 (7) COMMUNITY ADVISORY BOARD.— 


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1 (A) IN GENERAL.—To help achieve inclusive 

2 economic development benefits with respect to the 

3 project for which a grant is awarded, a grant re4 cipient may form a community advisory board, 

5 which, if formed, shall— 

6 (i) facilitate community engagement 

7 with respect to the project; and 

8 (ii) track progress with respect to com9 mitments of the grant recipient to inclusive 

10 employment, contracting, and economic de11 velopment under the project. 

12 (B) MEMBERSHIP.—If a grant recipient 

13 forms a community advisory board under sub14 paragraph (A), the community advisory board 

15 shall be composed of representatives of— 

16 (i) the community, including residents 

17 in the immediate vicinity of the project; 

18 (ii) owners of businesses that serve the 

19 community; 

20 (iii) labor organizations that represent 

21 workers that serve the community; 

22 (iv) State and local government; and 

23 (v) private and non-profit organiza24 tions that represent local community devel25 opment. 


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1 (C) DIVERSITY.—The community advisory 

2 board shall be representative of the community 

3 served by the project. 

4 (e) PRIORITIES.—In selecting recipients of planning 

5 grants, capital construction grants, and technical assistance 

6 under this section, the Secretary shall give priority to— 

7 (1) an application from a community that is 

8 economically disadvantaged, including an environ9 mental justice community, an underserved commu10 nity, or a community located in an area of persistent 

11 poverty (as such term is defined in section 101 of title 

12 23, United States Code); and 

13 (2) an eligible entity that has— 

14 (A) entered into a community benefits 

15 agreement with representatives of the community 

16 or formed a community advisory board under 

17 paragraph (7) of subsection (d); 

18 (B) demonstrated a plan for employing resi19 dents in the area impacted by the activity or 

20 project through targeted hiring programs; and 

21 (C) demonstrated a plan for improving 

22 transportation system access. 

23 (f) ADMINISTRATIVE EXPENSES.—Of amounts made 

24 available to carry out this section, the Secretary may set 


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1 aside not more than $5,000,000 in each fiscal year for the 

2 costs of administering the program under this section. 

3 (g) TECHNICAL ASSISTANCE.—Of amounts made 

4 available to carry out this section, the Secretary may set 

5 aside not more than $5,000,000 in each fiscal year to pro6 vide technical assistance to eligible entities under subsection 

7 (c)(3). 

8 (h) REPORT.—Not later than 2 years after the date 

9 of enactment of this Act, the Secretary shall submit to the 

10 Committee on Transportation and Infrastructure of the 

11 House of Representatives and the Committee on Environ12 ment and Public Works of the Senate a report that— 

13 (1) identifies and creates an online mapping tool 

14 showing any examples of potential projects to remove 

15 eligible facilities, and assesses the potential impacts of 

16 carrying out such projects; and 

17 (2) assesses projects funded under subsection (d) 

18 to provide best practices. 

19 (i) DEFINITIONS.—In this section: 

20 (1) ANTI-DISPLACEMENT POLICY.—The term 

21 ‘‘anti-displacement policy’’ means a policy that limits 

22 the displacement of low-income, disadvantaged, and 

23 underserved communities from neighborhoods due to 

24 new investments in housing, businesses, and infra25 structure. 


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1 (2) COMMUNITY LAND TRUST.—The term ‘‘com2 munity land trust’’ means a nonprofit organization 

3 established or with the responsibility, as applicable— 

4 (A) to develop the real estate created by the 

5 removal or capping of an eligible facility; and 

6 (B) to carry out anti-displacement or com7 munity development strategies, including— 

8 (i) affordable housing preservation and 

9 development; 

10 (ii) homeownership and property im11 provement programs; 

12 (iii) the development or rehabilitation 

13 of park space or recreation facilities; and 

14 (iv) community revitalization and eco15 nomic development projects. 

16 (3) ELIGIBLE FACILITY.— 

17 (A) IN GENERAL.—The term ‘‘eligible facil18 ity’’ means a highway or other transportation 

19 facility that creates a barrier to community 

20 connectivity, including barriers to mobility, ac21 cess, or economic development, due to high 

22 speeds, grade separations, or other design factors. 

23 (B) INCLUSIONS.—In this section, the term 

24 ‘‘eligible facility’’ may include— 

25 (i) a limited access highway; 


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1 (ii) a railway; 

2 (iii) a viaduct; 

3 (iv) a principal arterial facility; or 

4 (v) any other transportation facility 

5 for which the high speeds, grade separation, 

6 or other design factors create an obstacle to 

7 connectivity. 

8 SEC. 1312. APPRENTICESHIP UTILIZATION. 

9 (a) IN GENERAL.— 

10 (1) CERTIFICATION REQUIREMENT.—To receive a 

11 grant under sections 117 and 173 of title 23, United 

12 States Code, and section 1311 of this Act, each appli13 cant shall include in a grant application a certifi14 cation that such applicant will ensure that any con15 tractor or subcontractor utilized in carrying out ac16 tivities with such grant— 

17 (A) meets or exceeds the apprenticeship em18 ployment goal; and 

19 (B) to the extent practicable, employs quali20 fied apprentices from traditionally underrep21 resented populations, including women and mi22 norities, in meeting or exceeding such goal. 

23 (2) EXCEPTIONS.—The Secretary may adjust the 

24 requirements of this section if the grant applicant— 


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1 (A) demonstrates a lack of availability of 

2 qualified apprentices in a specific geographic 

3 area; or 

4 (B) makes a good faith effort to comply 

5 with the requirements of this section. 

6 (b) REGULATIONS.—The Secretary shall have the au7 thority to issue such regulations or other guidance, forms, 

8 instructions, and publications as may be necessary or ap9 propriate to carry out the requirements of this section, in10 cluding reporting requirements for applicants awarded a 

11 grant. 

12 (c) REPORT TO CONGRESS.—Not later than 3 years 

13 after the date of enactment of this Act, the Secretary shall 

14 submit to the Committee on Transportation and Infrastruc15 ture of the House of Representatives and the Committee on 

16 Environment and Public Works of the Senate a report on 

17 the utilization of qualified apprentices for projects carried 

18 out under sections 117 and 173 of title 23, United States 

19 Code, and section 1311 of this Act, that includes— 

20 (1) the total number of labor hours fulfilled by 

21 qualified apprentices; 

22 (2) the total number of qualified apprentices em23 ployed; 

24 (3) the total number of grant recipients that met 

25 or exceeded the apprenticeship employment goal; and 


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1 (4) best practices utilized by grant recipients 

2 that met or exceeded the apprenticeship employment 

3 goal. 

4 (d) PUBLIC TRANSPARENCY.—At the end of each fiscal 

5 year, the Secretary shall make available on a public website 

6 information on the utilization of qualified apprentices in 

7 the preceding fiscal year for each grant program under sec8 tions 117 and 173 of title 23, United States Code, and sec9 tion 1311 of this Act, including— 

10 (1) the total number of grant applicants that 

11 certified they would be able to meet or exceed the ap12 prenticeship employment goal under subsection (a); 

13 and 

14 (2) the total number of grants awarded for which 

15 applicants certified they would be able to meet or ex16 ceed the apprenticeship employment goal. 

17 (e) DEFINITIONS.—In this section: 

18 (1) APPRENTICESHIP EMPLOYMENT GOAL.—The 

19 term ‘‘apprenticeship employment goal’’ means the 

20 utilization of qualified apprentices for not less than 

21 15 percent of the total labor hours used for construc22 tion activities for a project. 

23 (2) QUALIFIED APPRENTICE.—The term ‘‘quali24 fied apprentice’’ means an employee participating in 

25 an apprenticeship program that— 


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1 (A) is registered with the Office of Appren2 ticeship of the Employment Training Adminis3 tration of the Department of Labor or a State 

4 apprenticeship agency recognized by such Office 

5 of Apprenticeship pursuant to the Act of August 

6 16, 1937 (29 U.S.C. 50 et seq.; commonly known 

7 as the ‘‘National Apprenticeship Act’’); and 

8 (B) satisfies the requirements of subpart A 

9 of part 29 and part 30 of title 29, Code of Fed10 eral Regulations. 

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

12 the Secretary of Transportation. 

13 Subtitle D—Planning, Performance 

14 Management, and Asset Manage15 ment 

16 SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 

17 Section 134 of title 23, United States Code, is amend18 ed— 

19 (1) in subsection (a) by striking ‘‘resiliency 

20 needs while minimizing transportation-related fuel 

21 consumption and air pollution’’ and inserting ‘‘resil22 ience and climate change adaptation needs while re23 ducing transportation-related fuel consumption, air 

24 pollution, and greenhouse gas emissions’’; 

25 (2) in subsection (b)— 


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1 (A) by redesignating paragraphs (6) and 

2 (7) as paragraphs (7) and (8), respectively; and 

3 (B) by inserting after paragraph (5) the fol4 lowing: 

5 ‘‘(6) STIP.—The term ‘STIP’ means a statewide 

6 transportation improvement program developed by a 

7 State under section 135(g).’’; 

8 (3) in subsection (c)— 

9 (A) in paragraph (1) by striking ‘‘and 

10 transportation improvement programs’’ and in11 serting ‘‘and TIPs’’; and 

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

13 ‘‘(4) CONSIDERATION.—In developing the plans 

14 and TIPs, metropolitan planning organizations shall 

15 consider direct and indirect emissions of greenhouse 

16 gases.’’; 

17 (4) in subsection (d)— 

18 (A) in paragraph (2) by striking ‘‘Not later 

19 than 2 years after the date of enactment of 

20 MAP–21, each’’ and inserting ‘‘Each’’; 

21 (B) in paragraph (3) by adding at the end 

22 the following: 

23 ‘‘(D) EQUITABLE AND PROPORTIONAL REP24 RESENTATION.— 


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1 ‘‘(i) IN GENERAL.—In designating offi2 cials or representatives under paragraph 

3 (2), the metropolitan planning organization 

4 shall ensure the equitable and proportional 

5 representation of the population of the met6 ropolitan planning area. 

7 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 

8 this paragraph shall require a metropolitan 

9 planning organization in existence on the 

10 date of enactment of this subparagraph to 

11 be restructured. 

12 ‘‘(iii) REDESIGNATION.—Notwith13 standing clause (ii), the requirements of this 

14 paragraph shall apply to any metropolitan 

15 planning organization redesignated under 

16 paragraph (6).’’; 

17 (C) in paragraph (6)(B) by striking ‘‘para18 graph (2)’’ and inserting ‘‘paragraphs (2) or 

19 (3)(D)’’; and 

20 (D) in paragraph (7)— 

21 (i) by striking ‘‘an existing metropoli22 tan planning area’’ and inserting ‘‘an ur23 banized area’’; and 


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1 (ii) by striking ‘‘the existing metropoli2 tan planning area’’ and inserting ‘‘the 

3 area’’; 

4 (5) in subsection (g)— 

5 (A) in paragraph (1) by striking ‘‘a metro6 politan area’’ and inserting ‘‘an urbanized 

7 area’’; 

8 (B) in paragraph (2) by striking ‘‘MPOS’’ 

9 and inserting ‘‘METROPOLITAN PLANNING

10 AREAS’’; 

11 (C) in paragraph (3)(A) by inserting 

12 ‘‘emergency response and evacuation, climate 

13 change adaptation and resilience,’’ after ‘‘dis14 aster risk reduction,’’; and 

15 (D) by adding at the end the following: 

16 ‘‘(4) COORDINATION BETWEEN MPOS.— 

17 ‘‘(A) IN GENERAL.—If more than one met18 ropolitan planning organization is designated 

19 within an urbanized area under subsection 

20 (d)(7), the metropolitan planning organizations 

21 designated within the area shall ensure, to the 

22 maximum extent practicable, the consistency of 

23 any data used in the planning process, including 

24 information used in forecasting transportation 

25 demand. 


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1 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 

2 paragraph requires metropolitan planning orga3 nizations designated within a single urbanized 

4 area to jointly develop planning documents, in5 cluding a unified long-range transportation plan 

6 or unified TIP.’’; 

7 (6) in subsection (h)(1)— 

8 (A) by striking subparagraph (E) and in9 serting the following: 

10 ‘‘(E) protect and enhance the environment, 

11 promote energy conservation, reduce greenhouse 

12 gas emissions, improve the quality of life and 

13 public health, and promote consistency between 

14 transportation improvements and State and 

15 local planned growth and economic development 

16 patterns, including housing and land use pat17 terns;’’; 

18 (B) in subparagraph (I)— 

19 (i) by inserting ‘‘, sea level rise, ex20 treme weather, and climate change’’ after 

21 ‘‘stormwater’’; and 

22 (ii) by striking ‘‘and’’ at the end; 

23 (C) by redesignating subparagraph (J) as 

24 subparagraph (M); and 


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1 (D) by inserting after subparagraph (I) the 

2 following: 

3 ‘‘(J) support emergency management, re4 sponse, and evacuation and hazard mitigation; 

5 ‘‘(K) improve the level of transportation 

6 system access; 

7 ‘‘(L) support inclusive zoning policies and 

8 land use planning practices that incentivize af9 fordable, elastic, and diverse housing supply, fa10 cilitate long-term economic growth by improving 

11 the accessibility of housing to jobs, and prevent 

12 high housing costs from displacing economically 

13 disadvantaged households; and’’; 

14 (7) in subsection (h)(2) by striking subpara15 graph (A) and inserting the following: 

16 ‘‘(A) IN GENERAL.—Through the use of a 

17 performance-based approach, transportation in18 vestment decisions made as a part of the metro19 politan transportation planning process shall 

20 support the national goals described in section 

21 150(b), the achievement of metropolitan and 

22 statewide targets established under section 

23 150(d), the improvement of transportation sys24 tem access (consistent with section 150(f)), and 


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1 the general purposes described in section 5301 of 

2 title 49.’’; 

3 (8) in subsection (i)— 

4 (A) in paragraph (2)(D)(i) by inserting 

5 ‘‘reduce greenhouse gas emissions and’’ before 

6 ‘‘restore and maintain’’; 

7 (B) in paragraph (2)(G) by inserting ‘‘and 

8 climate change’’ after ‘‘infrastructure to natural 

9 disasters’’; 

10 (C) in paragraph (2)(H) by inserting 

11 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 

12 (D) in paragraph (5)— 

13 (i) in subparagraph (A) by inserting 

14 ‘‘air quality, public health, housing, trans15 portation, resilience, hazard mitigation, 

16 emergency management,’’ after ‘‘conserva17 tion,’’; and 

18 (ii) by striking subparagraph (B) and 

19 inserting the following: 

20 ‘‘(B) ISSUES.—The consultation shall in21 volve, as appropriate, comparison of transpor22 tation plans to other relevant plans, including, if 

23 available— 

24 ‘‘(i) State conservation plans or maps; 

25 and 


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1 ‘‘(ii) inventories of natural or historic 

2 resources.’’; and 

3 (E) by amending paragraph (6)(C) to read 

4 as follows: 

5 ‘‘(C) METHODS.— 

6 ‘‘(i) IN GENERAL.—In carrying out 

7 subparagraph (A), the metropolitan plan8 ning organization shall, to the maximum 

9 extent practicable— 

10 ‘‘(I) hold any public meetings at 

11 convenient and accessible locations and 

12 times; 

13 ‘‘(II) employ visualization tech14 niques to describe plans; and 

15 ‘‘(III) make public information 

16 available in electronically accessible 

17 format and means, such as the inter18 net, as appropriate to afford reasonable 

19 opportunity for consideration of public 

20 information under subparagraph (A). 

21 ‘‘(ii) ADDITIONAL METHODS.—In addi22 tion to the methods described in clause (i), 

23 in carrying out subparagraph (A), the met24 ropolitan planning organization shall, to 

25 the maximum extent practicable— 


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1 ‘‘(I) use virtual public involve2 ment, social media, and other web3 based tools to encourage public partici4 pation and solicit public feedback; and 

5 ‘‘(II) use other methods, as appro6 priate, to further encourage public par7 ticipation of historically underrep8 resented individuals in the transpor9 tation planning process.’’; 

10 (9) in subsection (j) by striking ‘‘transportation 

11 improvement program’’ and inserting ‘‘TIP’’ each 

12 place it appears; and 

13 (10) by striking ‘‘Federally’’ each place it ap14 pears and inserting ‘‘federally’’. 

15 SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS16 PORTATION PLANNING. 

17 Section 135 of title 23, United States Code, is amend18 ed— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1) by striking ‘‘statewide 

21 transportation improvement program’’ and in22 serting ‘‘STIP’’; 

23 (B) in paragraph (2)— 


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1 (i) by striking ‘‘The statewide trans2 portation plan and the’’ and inserting the 

3 following: 

4 ‘‘(A) IN GENERAL.—The statewide transpor5 tation plan and the’’; 

6 (ii) by striking ‘‘transportation im7 provement program’’ and inserting ‘‘STIP’’; 

8 and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(B) CONSIDERATION.—In developing the 

12 statewide transportation plans and STIPs, 

13 States shall consider direct and indirect emis14 sions of greenhouse gases.’’; and 

15 (C) in paragraph (3) by striking ‘‘transpor16 tation improvement program’’ and inserting 

17 ‘‘STIP’’; 

18 (2) in subsection (d)— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (E)— 

21 (I) by inserting ‘‘reduce green22 house gas emissions,’’ after ‘‘promote 

23 energy conservation,’’; 


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1 (II) by inserting ‘‘and public 

2 health’’ after ‘‘improve the quality of 

3 life’’; and 

4 (III) by inserting ‘‘, including 

5 housing and land use patterns’’ after 

6 ‘‘economic development patterns’’; 

7 (ii) in subparagraph (I)— 

8 (I) by inserting ‘‘, sea level rise, 

9 extreme weather, and climate change’’ 

10 after ‘‘mitigate stormwater’’; and 

11 (II) by striking ‘‘and’’ after the 

12 semicolon; 

13 (iii) by redesignating subparagraph 

14 (J) as subparagraph (M); and 

15 (iv) by inserting after subparagraph 

16 (I) the following: 

17 ‘‘(J) facilitate emergency management, re18 sponse, and evacuation and hazard mitigation; 

19 ‘‘(K) improve the level of transportation 

20 system access; 

21 ‘‘(L) support inclusive zoning policies and 

22 land use planning practices that incentivize af23 fordable, elastic, and diverse housing supply, fa24 cilitate long-term economic growth by improving 

25 the accessibility of housing to jobs, and prevent 


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1 high housing costs from displacing economically 

2 disadvantaged households; and’’; 

3 (B) in paragraph (2)— 

4 (i) by striking subparagraph (A) and 

5 inserting the following: 

6 ‘‘(A) IN GENERAL.—Through the use of a 

7 performance-based approach, transportation in8 vestment decisions made as a part of the state9 wide transportation planning process shall sup10 port— 

11 ‘‘(i) the national goals described in sec12 tion 150(b); 

13 ‘‘(ii) the consideration of transpor14 tation system access (consistent with section 

15 150(f)); 

16 ‘‘(iii) the achievement of statewide tar17 gets established under section 150(d); and 

18 ‘‘(iv) the general purposes described in 

19 section 5301 of title 49.’’; and 

20 (ii) in subparagraph (D) by striking 

21 ‘‘statewide transportation improvement pro22 gram’’ and inserting ‘‘STIP’’; and 

23 (C) in paragraph (3) by striking ‘‘statewide 

24 transportation improvement program’’ and in25 serting ‘‘STIP’’; 


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1 (3) in subsection (e)(3) by striking ‘‘transpor2 tation improvement program’’ and inserting ‘‘STIP’’; 

3 (4) in subsection (f)— 

4 (A) in paragraph (2)(D)— 

5 (i) in clause (i) by inserting ‘‘air qual6 ity, public health, housing, transportation, 

7 resilience, hazard mitigation, emergency 

8 management,’’ after ‘‘conservation,’’; and 

9 (ii) by amending clause (ii) to read as 

10 follows: 

11 ‘‘(ii) COMPARISON AND CONSIDER12 ATION.—Consultation under clause (i) shall 

13 involve the comparison of transportation 

14 plans to other relevant plans and inven15 tories, including, if available— 

16 ‘‘(I) State and tribal conservation 

17 plans or maps; and 

18 ‘‘(II) inventories of natural or 

19 historic resources.’’; 

20 (B) in paragraph (3)(B)— 

21 (i) by striking ‘‘In carrying out’’ and 

22 inserting the following: 

23 ‘‘(i) IN GENERAL.—in carrying out’’; 


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1 (ii) by redesignating clauses (i) 

2 through (iv) as subclauses (I) through (IV), 

3 respectively; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(ii) ADDITIONAL METHODS.—In addi7 tion to the methods described in clause (i), 

8 in carrying out subparagraph (A), the State 

9 shall, to the maximum extent practicable— 

10 ‘‘(I) use virtual public involve11 ment, social media, and other web12 based tools to encourage public partici13 pation and solicit public feedback; and 

14 ‘‘(II) use other methods, as appro15 priate, to further encourage public par16 ticipation of historically underrep17 resented individuals in the transpor18 tation planning process.’’; 

19 (C) in paragraph (4)(A) by inserting ‘‘re20 duce greenhouse gas emissions and’’ after ‘‘poten21 tial to’’; and 

22 (D) in paragraph (8) by inserting ‘‘green23 house gas emissions,’’ after ‘‘pollution,’’; 

24 (5) in subsection (g)— 


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1 (A) in paragraph (1)(A) by striking ‘‘state2 wide transportation improvement program’’ and 

3 inserting ‘‘STIP’’; 

4 (B) in paragraph (3) by striking ‘‘opera5 tors),,’’ and inserting ‘‘operators),’’; 

6 (C) in paragraph (4) by striking ‘‘statewide 

7 transportation improvement program’’ and in8 serting ‘‘STIP’’ each place it appears; 

9 (D) in paragraph (5)— 

10 (i) in subparagraph (A) by striking 

11 ‘‘transportation improvement program’’ 

12 and inserting ‘‘STIP’’; 

13 (ii) in subparagraph (B)(ii) by strik14 ing ‘‘metropolitan transportation improve15 ment program’’ and inserting ‘‘TIP’’; 

16 (iii) in subparagraph (C) by striking 

17 ‘‘transportation improvement program’’ 

18 and inserting ‘‘STIP’’ each place it ap19 pears; 

20 (iv) in subparagraph (E) by striking 

21 ‘‘transportation improvement program’’ 

22 and inserting ‘‘STIP’’; 

23 (v) in subparagraph (F)(i) by striking 

24 ‘‘transportation improvement program’’ 


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1 and inserting ‘‘STIP’’ each place it ap2 pears; 

3 (vi) in subparagraph (G)(ii) by strik4 ing ‘‘transportation improvement program’’ 

5 and inserting ‘‘STIP’’; and 

6 (vii) in subparagraph (H) by striking 

7 ‘‘transportation improvement program’’ 

8 and inserting ‘‘STIP’’; 

9 (E) in paragraph (6)— 

10 (i) in subparagraph (A)— 

11 (I) by striking ‘‘transportation 

12 improvement program’’ and inserting 

13 ‘‘STIP’’; and 

14 (II) by striking ‘‘and projects car15 ried out under the bridge program or 

16 the Interstate maintenance program’’; 

17 and 

18 (ii) in subparagraph (B)— 

19 (I) by striking ‘‘or under the 

20 bridge program or the Interstate main21 tenance program’’; 

22 (II) by striking ‘‘5310, 5311, 

23 5316, and 5317’’ and inserting ‘‘5310 

24 and 5311’’; and 


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1 (III) by striking ‘‘statewide trans2 portation improvement program’’ and 

3 inserting ‘‘STIP’’; 

4 (F) in paragraph (7)— 

5 (i) in the heading by striking ‘‘TRANS6 PORTATION IMPROVEMENT PROGRAM’’ and 

7 inserting ‘‘STIP’’; and 

8 (ii) by striking ‘‘transportation im9 provement program’’ and inserting ‘‘STIP’’; 

10 (G) in paragraph (8) by striking ‘‘statewide 

11 transportation plans and programs’’ and insert12 ing ‘‘statewide transportation plans and STIPs’’; 

13 and 

14 (H) in paragraph (9) by striking ‘‘trans15 portation improvement program’’ and inserting 

16 ‘‘STIP’’; 

17 (6) in subsection (h)(2)(A) by striking ‘‘Not later 

18 than 5 years after the date of enactment of the MAP– 

19 21,’’ and inserting ‘‘Not less frequently than once 

20 every 4 years,’’; 

21 (7) in subsection (k) by striking ‘‘transportation 

22 improvement program’’ and inserting ‘‘STIP’’ each 

23 place it appears; and 

24 (8) in subsection (m) by striking ‘‘transportation 

25 improvement programs’’ and inserting ‘‘STIPs’’. 


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1 SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE2 MENT MEASURES. 

3 (a) IN GENERAL.—Section 150 of title 23, United 

4 States Code, is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1) by inserting ‘‘or 

7 elimination’’ after ‘‘significant reduction’’; 

8 (B) by redesignating paragraph (7) as 

9 paragraph (8); and 

10 (C) by inserting after paragraph (6) the fol11 lowing: 

12 ‘‘(7) COMBATING CLIMATE CHANGE.—To reduce 

13 carbon dioxide and other greenhouse gas emissions 

14 and reduce the climate impacts of the transportation 

15 system.’’; 

16 (2) in subsection (c)— 

17 (A) in paragraph (1) by striking ‘‘Not later 

18 than 18 months after the date of enactment of the 

19 MAP–21, the Secretary’’ and inserting ‘‘The Sec20 retary’’; and 

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

22 ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec23 retary shall establish, in consultation with the Ad24 ministrator of the Environmental Protection Agency, 

25 measures for States to use to assess— 


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1 ‘‘(A) carbon dioxide emissions per capita on 

2 public roads; 

3 ‘‘(B) carbon dioxide emissions using dif4 ferent parameters than described in subpara5 graph (A) that the Secretary determines to be 

6 appropriate; and 

7 ‘‘(C) any other greenhouse gas emissions on 

8 public roads that the Secretary determines to be 

9 appropriate.’’; 

10 (3) in subsection (d)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘Not later than 1 year 

13 after the Secretary has promulgated the 

14 final rulemaking under subsection (c), each’’ 

15 and inserting ‘‘Each’’; and 

16 (ii) by striking ‘‘and (6)’’ and insert17 ing ‘‘(6), and (7)’’; and 

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

19 ‘‘(3) REGRESSIVE TARGETS.— 

20 ‘‘(A) IN GENERAL.—A State may not estab21 lish a regressive target for the measures described 

22 under paragraph (4) or paragraph (7) of sub23 section (c). 

24 ‘‘(B) REGRESSIVE TARGET DEFINED.—In 

25 this paragraph, the term ‘regressive target’ 


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1 means a target that fails to demonstrate constant 

2 or improved performance for a particular meas3 ure.’’; 

4 (4) in subsection (e)— 

5 (A) by striking ‘‘Not later than 4 years 

6 after the date of enactment of the MAP–21 and 

7 biennially thereafter, a’’ and inserting ‘‘A’’; and 

8 (B) by inserting ‘‘biennial’’ after ‘‘the Sec9 retary a’’; and 

10 (5) by adding at the end the following: 

11 ‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall establish 

13 measures for States and metropolitan planning orga14 nizations to use to assess the level of safe, reliable, and 

15 convenient transportation system access to— 

16 ‘‘(A) employment; and 

17 ‘‘(B) services. 

18 ‘‘(2) CONSIDERATIONS.—The measures estab19 lished pursuant to paragraph (1) shall include the 

20 ability for States and metropolitan planning organi21 zations to assess— 

22 ‘‘(A) the change in the level of transpor23 tation system access for various modes of travel, 

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1 tation, that would result from new transpor2 tation investments; 

3 ‘‘(B) the level of transportation system ac4 cess for economically disadvantaged commu5 nities, including to affordable housing; and 

6 ‘‘(C) the extent to which transportation ac7 cess is impacted by zoning policies and land use 

8 planning practices that effect the affordability, 

9 elasticity, and diversity of the housing supply. 

10 ‘‘(3) DEFINITION OF SERVICES.—In this sub11 section, the term ‘services’ includes healthcare facili12 ties, child care, education and workforce training, 

13 food sources, banking and other financial institutions, 

14 and other retail shopping establishments.’’. 

15 (b) METROPOLITAN TRANSPORTATION PLANNING; 

16 TITLE 23.—Section 134 of title 23, United States Code, is 

17 further amended— 

18 (1) in subsection (j)(2)(D)— 

19 (A) by striking ‘‘PERFORMANCE TARGET

20 ACHIEVEMENT’’ in the heading and inserting 

21 ‘‘PERFORMANCE MANAGEMENT’’; 

22 (B) by striking ‘‘The TIP’’ and inserting 

23 the following: 

24 ‘‘(i) IN GENERAL.—The TIP’’; and 

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


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1 ‘‘(ii) TRANSPORTATION MANAGEMENT

2 AREAS.—For metropolitan planning areas 

3 that represent an urbanized area designated 

4 as a transportation management area 

5 under subsection (k), the TIP shall in6 clude— 

7 ‘‘(I) a discussion of the antici8 pated effect of the TIP toward achiev9 ing the performance targets established 

10 in the metropolitan transportation 

11 plan, linking investment priorities to 

12 such performance targets; and 

13 ‘‘(II) a description of how the an14 ticipated effect of the TIP would im15 prove the overall level of transportation 

16 system access, consistent with section 

17 150(f).’’; 

18 (2) in subsection (k)— 

19 (A) in paragraph (3)(A)— 

20 (i) by striking ‘‘shall address conges21 tion management’’ and inserting the fol22 lowing: ‘‘shall address— 

23 ‘‘(i) congestion management’’; 

24 (ii) by striking the period at the end 

25 and inserting ‘‘; and’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(ii) the overall level of transportation 

4 system access for various modes of travel 

5 within the metropolitan planning area, in6 cluding the level of access for economically 

7 disadvantaged communities, consistent with 

8 section 150(f), that is based on a coopera9 tively developed and implemented metro10 politan-wide strategy, assessing both new 

11 and existing transportation facilities eligi12 ble for funding under this title and chapter 

13 53 of title 49.’’; and 

14 (B) in paragraph (5)(B)— 

15 (i) in clause (i) by striking ‘‘; and’’ 

16 and inserting a semicolon; 

17 (ii) in clause (ii) by striking the pe18 riod and inserting ‘‘; and’’; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(iii) the TIP approved under clause 

22 (ii) makes progress towards improving the 

23 level of transportation system access, con24 sistent with section 150(f).’’; and 

25 (3) in subsection (l)(2)— 


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1 (A) by striking ‘‘5 years after the date of 

2 enactment of the MAP–21’’ and inserting ‘‘2 

3 years after the date of enactment of the INVEST 

4 in America Act, and every 2 years thereafter’’; 

5 (B) in subparagraph (C) by striking ‘‘and 

6 whether metropolitan planning organizations are 

7 developing meaningful performance targets; and’’ 

8 and inserting a semicolon; and 

9 (C) by striking subparagraph (D) and in10 serting the following: 

11 ‘‘(D) a listing of all metropolitan planning 

12 organizations that are establishing performance 

13 targets and whether such performance targets es14 tablished by the metropolitan planning organiza15 tion are meaningful or regressive (as defined in 

16 section 150(d)(3)(B)); and 

17 ‘‘(E) the progress of implementing the meas18 ure established under section 150(f).’’. 

19 (c) STATEWIDE AND NONMETROPOLITAN TRANSPOR20 TATION PLANNING; TITLE 23.—Section 135(g)(4) of title 23, 

21 United States Code, is further amended— 

22 (1) by striking ‘‘PERFORMANCE TARGET

23 ACHIEVEMENT’’ in the heading and inserting ‘‘PER24 FORMANCE MANAGEMENT’’; 


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1 (2) by striking ‘‘shall include, to the maximum 

2 extent practicable, a discussion’’ and inserting the fol3 lowing: ‘‘shall include— 

4 ‘‘(A) a discussion’’; 

5 (3) by striking the period at the end and insert6 ing ‘‘; and’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(B) a consideration of the anticipated ef9 fect of the STIP on the overall level of transpor10 tation system access, consistent with section 

11 150(f).’’. 

12 (d) METROPOLITAN TRANSPORTATION PLANNING; 

13 TITLE 49.—Section 5303 of title 49, United States Code, 

14 is amended— 

15 (1) in subsection (j)(2)(D)— 

16 (A) by striking ‘‘PERFORMANCE TARGET

17 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE

18 MANAGEMENT’’; 

19 (B) by striking ‘‘The transportation im20 provement plan’’ and inserting the following: 

21 ‘‘(i) IN GENERAL.—The TIP’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(ii) TRANSPORTATION MANAGEMENT

24 AREAS.—For metropolitan planning areas 

25 that represent an urbanized area designated 


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1 as a transportation management area 

2 under subsection (k), the TIP shall in3 clude— 

4 ‘‘(I) a discussion of the antici5 pated effect of the TIP toward achiev6 ing the performance targets established 

7 in the metropolitan transportation 

8 plan, linking investment priorities to 

9 such performance targets; and 

10 ‘‘(II) a description of how the an11 ticipated effect of the TIP would im12 prove the overall level of transportation 

13 system access, consistent with section 

14 150(f) of title 23.’’; 

15 (2) in subsection (k)— 

16 (A) in paragraph (3)(A)— 

17 (i) by striking ‘‘shall address conges18 tion management’’ and inserting the fol19 lowing: ‘‘shall address— 

20 ‘‘(i) congestion management’’; 

21 (ii) by striking the period at the end 

22 and inserting ‘‘; and’’; and 

23 (iii) by adding at the end the fol24 lowing: 


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1 ‘‘(ii) the overall level of transportation 

2 system access for various modes of travel 

3 within the metropolitan planning area, in4 cluding the level of access for economically 

5 disadvantaged communities, consistent with 

6 section 150(f) of title 23, that is based on a 

7 cooperatively developed and implemented 

8 metropolitan-wide strategy, assessing both 

9 new and existing transportation facilities 

10 eligible for funding under this chapter and 

11 title 23.’’; and 

12 (B) in paragraph (5)(B)— 

13 (i) in clause (i) by striking ‘‘; and’’ 

14 and inserting a semicolon; 

15 (ii) in clause (ii) by striking the pe16 riod and inserting ‘‘; and’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(iii) the TIP approved under clause 

20 (ii) makes progress towards improving the 

21 level of transportation system access, con22 sistent with section 150(f) of title 23.’’; and 

23 (3) in subsection (l)(2)— 

24 (A) by striking ‘‘5 years after the date of 

25 enactment of the Federal Public Transportation 


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1 Act of 2012’’ and inserting ‘‘2 years after the 

2 date of enactment of the INVEST in America 

3 Act, and every 2 years thereafter’’; 

4 (B) in subparagraph (C) by striking ‘‘and 

5 whether metropolitan planning organizations are 

6 developing meaningful performance targets; and’’ 

7 and inserting a semicolon; and 

8 (C) by striking subparagraph (D) and in9 serting the following: 

10 ‘‘(D) a listing of all metropolitan planning 

11 organizations that are establishing performance 

12 targets and whether such performance targets es13 tablished by the metropolitan planning organiza14 tion are meaningful or regressive (as defined in 

15 section 150(d)(3)(B) of title 23); and 

16 ‘‘(E) the progress of implementing the meas17 ure established under section 150(f) of title 23.’’. 

18 (e) STATEWIDE AND NONMETROPOLITAN TRANSPOR19 TATION PLANNING; TITLE 49.—Section 5304(g)(4) of title 

20 49, United States Code, is amended— 

21 (1) by striking ‘‘PERFORMANCE TARGET

22 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE MAN23 AGEMENT’’; 


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1 (2) by striking ‘‘shall include, to the maximum 

2 extent practicable, a discussion’’ and inserting the fol3 lowing: ‘‘shall include— 

4 ‘‘(A) a discussion’’; 

5 (3) by striking the period at the end and insert6 ing ‘‘; and’’; 

7 (4) by striking ‘‘statewide transportation im8 provement program’’ and inserting ‘‘STIP’’ each 

9 place it appears; and 

10 (5) by adding at the end the following: 

11 ‘‘(B) a consideration of the anticipated ef12 fect of the STIP on the overall level of transpor13 tation system access, consistent with section 

14 150(f) of title 23.’’. 

15 (f) SAVINGS CLAUSE.— 

16 (1) REGRESSIVE TARGETS.—The prohibition in 

17 the amendment made by subsection (a)(3)(B) shall 

18 apply to States beginning on the date that is 1 year 

19 before the subsequent State target and reporting dead20 lines related to safety performance management estab21 lished pursuant to section 150 of title 23, United 

22 States Code. 

23 (2) ACCESS PLANNING REQUIREMENTS.—The re24 quirements in the amendments made by subsections 

25 (b), (c), (d), and (e) shall apply beginning on the date 


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1 on which the requirements for the measure described 

2 in section 150(f) of title 23, United States Code, take 

3 effect. 

4 (g) DEVELOPMENT OF GREENHOUSE GAS MEAS5 URE.—Not later than 1 year after the date of enactment 

6 of this Act, the Secretary of Transportation shall issue such 

7 regulations as are necessary to carry out paragraph (7) of 

8 section 150(c) of title 23, United States Code, as added by 

9 this Act. 

10 (h) DEVELOPMENT OF TRANSPORTATION SYSTEM AC11 CESS MEASURE.— 

12 (1) ESTABLISHMENT.—Not later than 120 days 

13 after the date of enactment of this Act, the Secretary 

14 of Transportation shall establish a working group to 

15 assess the provisions of paragraphs (1) and (2) of sec16 tion 150(f) and make recommendations regarding the 

17 establishment of measures for States and metropolitan 

18 planning organizations to use to assess the level of 

19 transportation system access for various modes of 

20 travel, consistent with section 150(f) of title 23, 

21 United States Code. 

22 (2) MEMBERS.—The working group established 

23 pursuant to paragraph (1) shall include representa24 tives from— 

25 (A) the Department of Transportation; 


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1 (B) State departments of transportation, 

2 including representatives that specialize in pe3 destrian and bicycle safety; 

4 (C) the Bureau of Transportation Statistics; 

5 (D) metropolitan planning organizations 

6 representing transportation management areas 

7 (as those terms are defined in section 134 of title 

8 23, United States Code); 

9 (E) other metropolitan planning organiza10 tions or local governments; 

11 (F) providers of public transportation; 

12 (G) nonprofit entities related to transpor13 tation, including relevant safety groups; 

14 (H) experts in the field of transportation 

15 access data; and 

16 (I) any other stakeholders, as determined by 

17 the Secretary. 

18 (3) REPORT.— 

19 (A) SUBMISSION.—Not later than 1 year 

20 after the establishment of the working group pur21 suant to paragraph (1), the working group shall 

22 submit to the Secretary a report of recommenda23 tions regarding the establishment of measures for 

24 States and metropolitan planning organizations 

25 to use to assess the level of transportation system 


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1 access, consistent with section 150(f) of title 23, 

2 United States Code. 

3 (B) PUBLICATION.—Not later than 30 days 

4 after the date on which the Secretary receives the 

5 report under subparagraph (A), the Secretary 

6 shall publish the report on a publicly accessible 

7 website of the Department of Transportation. 

8 (4) RULEMAKING.—Not later than 2 years after 

9 the date on which the Secretary receives the report 

10 under paragraph (3), the Secretary shall issue such 

11 regulations as are necessary to implement the require12 ments of section 150(f) of title 23, United States Code. 

13 (5) TERMINATION.—The Secretary shall termi14 nate the working group established pursuant to para15 graph (1) on the date on which the regulation issued 

16 pursuant to paragraph (4) takes effect. 

17 (i) TRANSPORTATION SYSTEM ACCESS DATA.— 

18 (1) IN GENERAL.—Not later than 90 days after 

19 the date on which the Secretary of Transportation es20 tablishes the measure required under section 150(f) of 

21 title 23, United States Code, the Secretary shall de22 velop or procure eligible transportation system access 

23 data sets and analytical tools and make such data 

24 sets and analytical tools available to State depart25 ments of transportation and metropolitan planning 


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1 areas that represent transportation management 

2 areas. 

3 (2) REQUIREMENTS.—An eligible transportation 

4 system access data set and analytical tool shall have 

5 the following characteristics: 

6 (A) The ability to quantify the level of safe, 

7 reliable, and convenient transportation system 

8 access to— 

9 (i) employment; 

10 (ii) services; and 

11 (iii) connections to other modes of 

12 transportation. 

13 (B) The ability to quantify transportation 

14 system access for various modes of travel, includ15 ing— 

16 (i) driving; 

17 (ii) public transportation; 

18 (iii) walking (including conveyance for 

19 persons with disabilities); and 

20 (iv) cycling (including micromobility). 

21 (C) The ability to disaggregate the level of 

22 transportation system access by various trans23 portation modes by a variety of population cat24 egories, including— 

25 (i) low-income populations; 


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1 (ii) minority populations; 

2 (iii) age; 

3 (iv) disability; and 

4 (v) geographical location. 

5 (D) The ability to assess the change in the 

6 level of transportation system access that would 

7 result from new transportation investments. 

8 (3) CONSIDERATION.—An eligible transportation 

9 system access data set and analytical tool shall take 

10 into consideration safe and connected networks for 

11 walking, cycling, and persons with disabilities. 

12 (j) DEFINITIONS.—In this section: 

13 (1) TRANSPORTATION SYSTEM ACCESS.—The 

14 term ‘‘transportation system access’’ has the meaning 

15 given such term in section 101 of title 23, United 

16 States Code. 

17 (2) SERVICES.—The term ‘‘services’’ has the 

18 meaning given such term in section 150(f) of title 23, 

19 United States Code. 

20 SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD21 ELING STUDY. 

22 (a) STUDY.— 

23 (1) IN GENERAL.—The Secretary of Transpor24 tation shall conduct a study on transportation de25 mand data and modeling, including transportation 


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1 demand forecasting, and make recommendations for 

2 developing and utilizing transportation and traffic 

3 demand models with a demonstrated record of accu4 racy. 

5 (2) CONTENTS.—In carrying out the study under 

6 this section, the Secretary shall— 

7 (A) collect observed transportation demand 

8 data and transportation demand forecasts from 

9 States and metropolitan planning organizations, 

10 including data and forecasts on— 

11 (i) traffic counts; 

12 (ii) transportation mode share and 

13 public transportation ridership; and 

14 (iii) vehicle occupancy measures; 

15 (B) compare the transportation demand 

16 forecasts with the observed transportation de17 mand data gathered under subparagraph (A), 

18 including an analysis of the level of accuracy of 

19 forecasts and possible reasons for large discrep20 ancies; and 

21 (C) use the information described in sub22 paragraphs (A) and (B) to— 

23 (i) develop best practices and guidance 

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1 tation demand for future investments in 

2 transportation improvements; 

3 (ii) evaluate the impact of transpor4 tation investments, including new roadway 

5 capacity, on transportation behavior and 

6 transportation demand, including public 

7 transportation ridership, induced highway 

8 transportation, and congestion; 

9 (iii) support more accurate transpor10 tation demand forecasting by States and 

11 metropolitan planning organizations; 

12 (iv) enhance the capacity of States and 

13 metropolitan planning organizations to— 

14 (I) forecast transportation de15 mand; and 

16 (II) track observed transportation 

17 behavior responses, including induced 

18 transportation, to changes in transpor19 tation capacity, pricing, and land use 

20 patterns; and 

21 (v) develop transportation demand 

22 management strategies to maximize the effi23 ciency of the transportation system, im24 prove mobility, reduce congestion, and lower 

25 vehicle emissions. 


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1 (3) COVERED ENTITIES.—In carrying out the 

2 study under this section, the Secretary shall ensure 

3 that data and forecasts described in paragraph (2)(A) 

4 are collected from— 

5 (A) States; 

6 (B) metropolitan planning organizations 

7 that serve an area with a population of 200,000 

8 people or fewer; and 

9 (C) metropolitan planning organizations 

10 that serve an area with a population of over 

11 200,000 people. 

12 (4) WORKING WITH THE PRIVATE SECTOR.—In 

13 carrying out this section, the Secretary may, and is 

14 encouraged to, procure additional data as necessary 

15 from university transportation centers, private sector 

16 providers, and other entities as is needed and may 

17 use funds authorized under section 503(b) of title 23, 

18 United States Code, for carrying out this paragraph. 

19 (5) WORKING WITH AFFECTED COMMUNITIES.— 

20 In carrying out this section, the Secretary shall con21 sult with, and collect data and input from, represent22 atives of— 

23 (A) the Department of Transportation; 

24 (B) State departments of transportation; 

25 (C) metropolitan planning organizations; 


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1 (D) local governments; 

2 (E) providers of public transportation; 

3 (F) nonprofit entities related to transpor4 tation, including safety, cycling, disability, and 

5 equity groups; and 

6 (G) any other stakeholders, as determined 

7 by the Secretary. 

8 (b) REPORT.—Not later than 2 years after the date 

9 of enactment of this Act, the Secretary shall submit to Con10 gress a report containing the findings of the study con11 ducted under subsection (a). 

12 (c) SECRETARIAL SUPPORT.—The Secretary shall seek 

13 opportunities to support the transportation planning proc14 esses under sections 134 and 135 of title 23, United States 

15 Code, through the provision of data to States and metropoli16 tan planning organizations to improve the quality of trans17 portation plans, models, and demand forecasts. 

18 (d) UPDATE GUIDANCE AND REGULATIONS.—The Sec19 retary shall— 

20 (1) update Department of Transportation guid21 ance and procedures to utilize best practices docu22 mented throughout the Federal program; and 

23 (2) ensure that best practices included in the re24 port are incorporated into appropriate regulations as 

25 such regulations are updated. 


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1 (e) CONTINUING IMPROVEMENT.—The Secretary shall 

2 set out a process to repeat the study under this section every 

3 2 years as part of the conditions and performance report, 

4 including— 

5 (1) progress in the accuracy of model projections; 

6 (2) further recommendations for improvement; 

7 and 

8 (3) further changes to guidance, regulation, and 

9 procedures required for the Department of Transpor10 tation to adopt best practices. 

11 SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS12 PORTATION PLANS. 

13 Not later than 1 year after the date of enactment of 

14 this Act, the Secretary shall amend section 

15 450.324(f)(11)(v) of title 23, Code of Federal Regulations, 

16 to ensure that the outer years of a metropolitan transpor17 tation plan are defined as ‘‘beyond the first 4 years’’. 

18 Subtitle E—Federal Lands, Tribes, 

19 and Territories 

20 SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO21 GRAM. 

22 (a) IN GENERAL.—Section 165 of title 23, United 

23 States Code, is amended— 

24 (1) by striking subsection (a) and inserting the 

25 following: 


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1 ‘‘(a) ANNUAL ALLOCATION.—For the Puerto Rico and 

2 territorial highway program, there shall be made avail3 able— 

4 ‘‘(1) $340,000,000 for the Puerto Rico highway 

5 program under subsection (b) for each of fiscal years 

6 2023 through 2026; and 

7 ‘‘(2) for the territorial highway program under 

8 subsection (c)— 

9 ‘‘(A) $113,044,097 for fiscal year 2023; 

10 ‘‘(B) $114,961,294 for fiscal year 2024; 

11 ‘‘(C) $117,190,719 for fiscal year 2025; and 

12 ‘‘(D) $119,237,332 for fiscal year 2026.’’; 

13 (2) in subsection (b)(2) by adding at the end the 

14 following: 

15 ‘‘(D) TRANSFERABILITY.—Of the amounts 

16 described in clauses (i) and (ii) of subparagraph 

17 (C) for the Puerto Rico highway program, Puer18 to Rico may transfer not to exceed 50 percent in 

19 a fiscal year of such amounts for activities de20 scribed in clause (iii) of such subparagraph.’’. 

21 (3) in subsection (c)(6)(A)— 

22 (A) by redesignating clauses (iv), (v), (vi), 

23 and (vii) as clauses (v), (vi), (vii), and (viii), re24 spectively; and 


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1 (B) by inserting after clause (iii) the fol2 lowing: 

3 ‘‘(iv) Ferry boats and terminal facili4 ties that are privately or majority privately 

5 owned, in accordance with paragraphs (1), 

6 (2), (4), (5), (6), and (7) of section 129(c), 

7 that provide a substantial public benefit.’’; 

8 and 

9 (4) by adding at the end the following: 

10 ‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE11 TIONARY PROGRAMS.—For any program in which the Sec12 retary may allocate funds out of the Highway Trust Fund 

13 (other than the Mass Transit Account) to a State at the 

14 discretion of the Secretary, the Secretary may allocate funds 

15 to one or more territory for any project or activity that 

16 otherwise would be eligible under such program if such 

17 project or activity was being carried out in a State.’’. 

18 (b) ACCESS AND DEVELOPMENT ROADS.—Section 

19 118(d) of title 23, United States Code, is amended by strik20 ing ‘‘and the Commonwealth of Puerto Rico’’ and inserting 

21 ‘‘, the Commonwealth of Puerto Rico, and any other terri22 tory of the United States’’. 

23 SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 

24 Section 202 of title 23, United States Code, is amend25 ed— 


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1 (1) in subsection (d)— 

2 (A) in paragraph (1) by striking ‘‘improv3 ing deficient’’ and inserting ‘‘the construction 

4 and reconstruction of’’; 

5 (B) in paragraph (2)— 

6 (i) in subparagraph (A) by inserting 

7 ‘‘construct,’’ after ‘‘project to’’; and 

8 (ii) in subparagraph (B)— 

9 (I) by striking ‘‘deficient’’; and 

10 (II) by inserting ‘‘in poor condi11 tion’’ after ‘‘facility bridges’’; and 

12 (C) in paragraph (3)— 

13 (i) in the heading by striking ‘‘ELIGI14 BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY

15 FOR EXISTING BRIDGES’’; 

16 (ii) by striking ‘‘a bridge’’ and insert17 ing ‘‘an existing bridge’’; and 

18 (iii) in subparagraph (C) by striking 

19 ‘‘structurally deficient or functionally obso20 lete’’ and inserting ‘‘in poor condition’’; 

21 and 

22 (2) in subsection (e) by striking ‘‘for eligible 

23 projects described in section 148(a)(4).’’ and inserting 

24 the following: ‘‘for— 


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1 ‘‘(A) eligible projects described in section 

2 148(a)(4); 

3 ‘‘(B) projects to promote public awareness 

4 and education concerning highway safety mat5 ters (including bicycle, all-terrain, motorcyclist, 

6 and pedestrian safety); or 

7 ‘‘(C) projects to enforce highway safety 

8 laws.’’. 

9 SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 

10 (a) TRIBAL TRANSPORTATION PROGRAM.—Section 202 

11 of title 23, United States Code, is amended— 

12 (1) by redesignating subsection (f) as subsection 

13 (g); and 

14 (2) by inserting after subsection (e) the following: 

15 ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 

16 Before making any distribution under subsection (b), the 

17 Secretary shall set aside $50,000,000 from the funds made 

18 available under the tribal transportation program for each 

19 fiscal year to carry out the Tribal High Priority Projects 

20 program under section 1123 of MAP–21 (23 U.S.C. 202 

21 note).’’. 

22 (b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 

23 Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend24 ed— 


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1 (1) in subsection (a)(1)(C) by striking ‘‘required 

2 by that section’’ and inserting ‘‘required under such 

3 program’’; 

4 (2) in subsection (b)(1) by striking ‘‘use amounts 

5 made available under subsection (h) to’’; 

6 (3) in subsection (d)— 

7 (A) in paragraph (2) by inserting ‘‘, in 

8 consultation with the Secretary of the Interior,’’ 

9 after ‘‘The Secretary’’; and 

10 (B) in paragraph (3) by striking ‘‘of the In11 terior’’ each place it appears; 

12 (4) in subsection (f) by striking ‘‘$1,000,000’’ 

13 and inserting ‘‘$5,000,000’’; 

14 (5) in subsection (g) by striking ‘‘and the Sec15 retary’’ and inserting ‘‘or the Secretary’’; and 

16 (6) by striking subsection (h) and inserting the 

17 following: 

18 ‘‘(h) ADMINISTRATION.—The funds made available to 

19 carry out this section shall be administered in the same 

20 manner as funds made available for the Tribal transpor21 tation program under section 202 of title 23, United States 

22 Code.’’. 

23 SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 

24 (a) IN GENERAL.—Section 203(a) of title 23, United 

25 States Code, is amended by adding at the end the following: 


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1 ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR2 RIDORS.— 

3 ‘‘(A) REQUEST.—If the head of a covered 

4 agency determines that a high-commuter cor5 ridor requires additional investment, based on 

6 the criteria described in subparagraph (D), the 

7 head of a covered agency, with respect to such 

8 corridor, shall submit to the State— 

9 ‘‘(i) information on condition of pave10 ments and bridges; 

11 ‘‘(ii) an estimate of the amounts need12 ed to bring such corridor into a state of 

13 good repair, taking into consideration any 

14 planned future investments; and 

15 ‘‘(iii) at the discretion of the head of a 

16 covered agency, a request that the State 

17 transfer to the covered agency, under the 

18 authority of section 132 or section 204, or 

19 to the Federal Highway Administration, 

20 under the authority of section 104, a por21 tion of such amounts necessary to address 

22 the condition of the corridor. 

23 ‘‘(B) STATE RESPONSE.—Not later than 45 

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1 scribed in subparagraph (A)(iii), the State 

2 shall— 

3 ‘‘(i) approve the request; 

4 ‘‘(ii) deny the request and explain the 

5 reasons for such denial; or 

6 ‘‘(iii) request any additional informa7 tion necessary to take action on the request. 

8 ‘‘(C) NOTIFICATION TO THE SECRETARY.— 

9 The head of a covered agency shall provide to the 

10 Secretary a copy of any request described under 

11 subparagraph (A)(iii) and response described 

12 under subparagraph (B). 

13 ‘‘(D) CRITERIA.—In making a determina14 tion under subparagraph (A), the head of a cov15 ered agency, with respect to the corridor, shall 

16 consider— 

17 ‘‘(i) the condition of roads, bridges, 

18 and tunnels; and 

19 ‘‘(ii) the average annual daily traffic. 

20 ‘‘(E) DEFINITIONS.—In this paragraph: 

21 ‘‘(i) COVERED AGENCY.—The term 

22 ‘covered agency’ means a Federal agency el23 igible to receive funds under this section, 

24 section 203, or section 204, including the 

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1 lamation, and the Bureau of Land Manage2 ment. 

3 ‘‘(ii) HIGH-COMMUTER CORRIDOR.— 

4 The term ‘high-commuter corridor’ means a 

5 Federal lands transportation facility that 

6 has an average annual daily traffic of not 

7 less than 20,000 vehicles.’’. 

8 (b) GAO STUDY REGARDING NPS MAINTENANCE.— 

9 (1) STUDY.—The Comptroller General of the 

10 United States shall study the National Park Service 

11 maintenance prioritization of Federal lands transpor12 tation facilities. 

13 (2) CONTENTS.—At minimum, the study under 

14 paragraph (1) shall examine— 

15 (A) general administrative maintenance of 

16 the National Park Service; 

17 (B) how the National Park Service cur18 rently prioritizes maintenance of Federal facili19 ties covered under the Federal Lands Transpor20 tation Program; 

21 (C) what kind of maintenance the National 

22 Parkway Service is performing; 

23 (D) to what degree does the National Park 

24 Service prioritize high-commuter corridors; and 


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1 (E) how the National Park Service can bet2 ter service the needs of high commuter corridors. 

3 (3) REPORT.—Not later than 1 year after the 

4 date of enactment of this Act, the Comptroller General 

5 shall submit to the Committee on Transportation and 

6 Infrastructure of the House of Representatives and the 

7 Committee on Environment and Public Works of the 

8 Senate a report summarizing the study and the re9 sults of such study, including recommendations for 

10 addressing the maintenance needs and prioritization 

11 of high-commuter corridors. 

12 (4) DEFINITION OF HIGH-COMMUTER COR13 RIDOR.—In this section, the term ‘‘high-commuter 

14 corridor’’ means a Federal lands transportation facil15 ity that has average annual daily traffic of not less 

16 than 20,000 vehicles. 

17 SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 

18 PROGRAM. 

19 (a) IN GENERAL.—Chapter 2 of title 23, United States 

20 Code, is amended by inserting after section 207 the fol21 lowing: 

22 ‘‘§ 208. Federal lands and Tribal major projects pro23 gram 

24 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

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1 ferred to in this section as the ‘program’) to provide funding 

2 to construct, reconstruct, or rehabilitate critical Federal 

3 lands and Tribal transportation infrastructure. 

4 ‘‘(b) ELIGIBLE APPLICANTS.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), entities eligible to receive funds under sec7 tions 201, 202, 203, and 204 may apply for funding 

8 under the program. 

9 ‘‘(2) SPECIAL RULE.—A State, county, or unit of 

10 local government may only apply for funding under 

11 the program if sponsored by an eligible Federal agen12 cy or Indian Tribe. 

13 ‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 

14 the program shall be on a Federal lands transportation fa15 cility, a Federal lands access transportation facility, or a 

16 tribal transportation facility, except that such facility is 

17 not required to be included in an inventory described in 

18 section 202 or 203, and for which— 

19 ‘‘(1) the project— 

20 ‘‘(A) has completed the activities required 

21 under the National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.) which has been 

23 demonstrated through— 

24 ‘‘(i) a record of decision with respect to 

25 the project; 


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1 ‘‘(ii) a finding that the project has no 

2 significant impact; or 

3 ‘‘(iii) a determination that the project 

4 is categorically excluded; or 

5 ‘‘(B) is reasonably expected to begin con6 struction not later than 18 months after the date 

7 of obligation of funds for the project; and 

8 ‘‘(2) the project has an estimated cost equal to or 

9 exceeding— 

10 ‘‘(A) $12,500,000 if it is on a Federal lands 

11 transportation facility or a Federal lands access 

12 transportation facility; and 

13 ‘‘(B) $5,000,000 if it is on a Tribal trans14 portation facility. 

15 ‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts received 

16 for a project under this section may be used for— 

17 ‘‘(1) development phase activities, including 

18 planning, feasibility analysis, revenue forecasting, en19 vironmental review, preliminary engineering and de20 sign work, and other preconstruction activities; and 

21 ‘‘(2) construction, reconstruction, and rehabilita22 tion activities. 

23 ‘‘(e) APPLICATIONS.—Eligible applicants shall submit 

24 to the Secretary an application at such time, in such form, 


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1 and containing such information as the Secretary may re2 quire. 

3 ‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 

4 select a project to receive funds under the program only if 

5 the Secretary determines that the project— 

6 ‘‘(1) improves the condition of critical transpor7 tation facilities, including multimodal facilities; 

8 ‘‘(2) cannot be easily and efficiently completed 

9 with amounts made available under section 202, 203, 

10 or 204; and 

11 ‘‘(3) is cost effective. 

12 ‘‘(g) MERIT CRITERIA.—In making a grant under this 

13 section, the Secretary shall consider whether the project— 

14 ‘‘(1) will generate state of good repair, resilience, 

15 economic competitiveness, quality of life, mobility, or 

16 safety benefits; 

17 ‘‘(2) in the case of a project on a Federal lands 

18 transportation facility or a Federal lands access 

19 transportation facility, has costs matched by funds 

20 that are not provided under this section or this title; 

21 and 

22 ‘‘(3) generates benefits for land owned by mul23 tiple Federal land management agencies or Indian 

24 Tribes, or which spans multiple States. 


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1 ‘‘(h) EVALUATION AND RATING.—To evaluate applica2 tions, the Secretary shall— 

3 ‘‘(1) determine whether a project meets the re4 quirements under subsection (f); 

5 ‘‘(2) evaluate, through a discernable and trans6 parent methodology, how each application addresses 

7 one or more merit criteria established under sub8 section (g); 

9 ‘‘(3) assign a rating for each merit criteria for 

10 each application; and 

11 ‘‘(4) consider applications only on the basis of 

12 such quality ratings and which meet the minimally 

13 acceptable level for each of the merit criteria. 

14 ‘‘(i) COST SHARE.— 

15 ‘‘(1) FEDERAL LANDS PROJECTS.— 

16 ‘‘(A) IN GENERAL.—Notwithstanding sec17 tion 120, the Federal share of the cost of a 

18 project on a Federal lands transportation facil19 ity or a Federal lands access transportation fa20 cility shall be up to 90 percent. 

21 ‘‘(B) NON-FEDERAL SHARE.—Notwith22 standing any other provision of law, any Federal 

23 funds may be used to pay the non-Federal share 

24 of the cost of a project carried out under this sec25 tion. 


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1 ‘‘(2) TRIBAL PROJECTS.—The Federal share of 

2 the cost of a project on a Tribal transportation facil3 ity shall be 100 percent. 

4 ‘‘(j) USE OF FUNDS.—For each fiscal year, of the 

5 amounts made available to carry out this section, not more 

6 than 50 percent shall be used for eligible projects on Federal 

7 lands transportation facilities or Federal lands access 

8 transportation facilities and Tribal transportation facili9 ties, respectively.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chapter 

11 2 of title 23, United States Code, is amended by inserting 

12 after the item relating to section 207 the following new item: 

‘‘208. Federal lands and Tribal major projects program.’’. 

13 (c) REPEAL.—Section 1123 of the FAST Act (23 

14 U.S.C. 201 note), and the item related to such section in 

15 the table of contents under section 1(b) of such Act, are re16 pealed. 

17 SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 

18 Section 102 of title 49, United States Code, is amend19 ed— 

20 (1) in subsection (e)(1)— 

21 (A) by striking ‘‘6 Assistant’’ and inserting 

22 ‘‘7 Assistant’’; 

23 (B) in subparagraph (C) by striking ‘‘; 

24 and’’ and inserting a semicolon; 


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1 (C) by redesignating subparagraph (D) as 

2 subparagraph (E); and 

3 (D) by inserting after subparagraph (C) the 

4 following: 

5 ‘‘(D) an Assistant Secretary for Tribal Gov6 ernment Affairs, who shall be appointed by the 

7 President; and’’; and 

8 (2) in subsection (f)— 

9 (A) in the heading by striking ‘‘DEPUTY

10 ASSISTANT SECRETARY FOR TRIBAL GOVERN11 MENT AFFAIRS’’ and inserting ‘‘OFFICE OF

12 TRIBAL GOVERNMENT AFFAIRS’’; and 

13 (B) by striking paragraph (1) and inserting 

14 the following: 

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

16 the Department an Office of Tribal Government Af17 fairs, under the Assistant Secretary for Tribal Gov18 ernment Affairs, to— 

19 ‘‘(A) oversee the Tribal transportation self20 governance program under section 207 of title 

21 23; 

22 ‘‘(B) plan, coordinate, and implement poli23 cies and programs serving Indian Tribes and 

24 Tribal organizations; 


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1 ‘‘(C) coordinate Tribal transportation pro2 grams and activities in all offices and adminis3 trations of the Department; 

4 ‘‘(D) provide technical assistance to Indian 

5 Tribes and Tribal organizations; 

6 ‘‘(E) be a participant in any negotiated 

7 rulemakings relating to, or having an impact on, 

8 projects, programs, or funding associated with 

9 the tribal transportation program under section 

10 202 of title 23; and 

11 ‘‘(F) ensure that Department programs have 

12 in place, implement, and enforce requirements 

13 and obligations for regular and meaningful con14 sultation and collaboration with Tribes and 

15 Tribal officials under Executive Order No. 13175 

16 and to serve as the primary advisor to the Sec17 retary and other Department components regard18 ing violations of those requirements.’’. 

19 SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 

20 (a) LAND MANAGEMENT AGENCIES AND TRIBAL GOV21 ERNMENTS.—Section 201 of title 23, United States Code, 

22 is amended by adding at the end the following: 

23 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding any other 

25 provision of law, the Secretary may use a contracting 


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1 method available to a State under this title on behalf 

2 of— 

3 ‘‘(A) a Federal land management agency, 

4 with respect to any funds available pursuant to 

5 section 203 or 204; 

6 ‘‘(B) a Federal land management agency, 

7 with respect to any funds available pursuant to 

8 section 1535 of title 31 for any eligible use de9 scribed in sections 203(a)(1) and 204(a)(1) of 

10 this title; or 

11 ‘‘(C) a Tribal Government, with respect to 

12 any funds available pursuant to section 

13 202(b)(7)(D). 

14 ‘‘(2) METHODS DESCRIBED.—The contracting 

15 methods referred to in paragraph (1) shall include, at 

16 a minimum— 

17 ‘‘(A) project bundling; 

18 ‘‘(B) bridge bundling; 

19 ‘‘(C) design-build contracting; 

20 ‘‘(D) 2-phase contracting; 

21 ‘‘(E) long-term concession agreements; and 

22 ‘‘(F) any method tested, or that could be 

23 tested, under an experimental program relating 

24 to contracting methods carried out by the Sec25 retary. 


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1 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 

2 subsection— 

3 ‘‘(A) affects the application of the Federal 

4 share for a project carried out with a contracting 

5 method under this subsection; or 

6 ‘‘(B) modifies the point of obligation of Fed7 eral salaries and expenses.’’. 

8 (b) USE OF ALTERNATIVE CONTRACTING METHOD.— 

9 In carrying out the amendments made by this section, the 

10 Secretary shall— 

11 (1) in consultation with the applicable Federal 

12 land management agencies, establish procedures that 

13 are— 

14 (A) applicable to each alternative con15 tracting method; and 

16 (B) to the maximum extent practicable, 

17 consistent with requirements for Federal procure18 ment transactions; 

19 (2) solicit input on the use of each alternative 

20 contracting method from any affected industry prior 

21 to using such method; and 

22 (3) analyze and prepare an evaluation of the use 

23 of each alternative contracting method. 


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1 SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 

2 (a) IN GENERAL.—The Commissioner of the Bureau 

3 of Reclamation may transfer ownership of a bridge that is 

4 owned by the Bureau of Reclamation if— 

5 (1) the ownership of the bridge is transferred to 

6 a State with the concurrence of such State; 

7 (2) the State to which ownership is transferred 

8 agrees to operate and maintain the bridge; 

9 (3) the transfer of ownership complies with all 

10 applicable Federal requirements, including— 

11 (A) section 138 of title 23, United States 

12 Code; 

13 (B) section 306108 of title 54, United States 

14 Code; and 

15 (C) the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.); and 

17 (4) the Bureau of Reclamation and the State to 

18 which ownership is being transferred jointly notify 

19 the Secretary of Transportation of the intent to con20 duct a transfer prior to such transfer. 

21 (b) ACCESS.—In a transfer of ownership of a bridge 

22 under this section, the Commissioner of the Bureau of Rec23 lamation— 

24 (1) shall not be required to transfer ownership of 

25 the land on which the bridge is located or any adja26 cent lands; and 


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1 (2) shall make arrangements with the State to 

2 which ownership is being transferred to allow for ade3 quate access to such bridge, including for the purposes 

4 of construction, maintenance, and bridge inspections 

5 pursuant to section 144 of title 23, United States 

6 Code. 

7 SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN8 DIAN TRIBES. 

9 Not later than January 31 of each year, the Secretary 

10 of Transportation shall submit to the Committee on Trans11 portation and Infrastructure of the House of Representa12 tives and the Committee on Environment and Public Works 

13 of the Senate a report that— 

14 (1) identifies the number of Indian Tribes that 

15 were direct recipients of funds under any discre16 tionary Federal highway, transit, or highway safety 

17 program in the prior fiscal year; 

18 (2) lists the total amount of such funds made 

19 available directly to such Tribes; 

20 (3) identifies the number and location of Indian 

21 Tribes that were indirect recipients of funds under 

22 any formula-based Federal highway, transit, or high23 way safety program in the prior fiscal year; and 

24 (4) lists the total amount of such funds made 

25 available indirectly to such tribes through states or 


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1 other direct recipients of Federal highway, transit or 

2 highway safety funding. 

3 SEC. 1510. GAO STUDY. 

4 (a) IN GENERAL.—The Comptroller General of the 

5 United States shall conduct a study on the deferred mainte6 nance of United States forest roads, including— 

7 (1) the current backlog; 

8 (2) the current actions on such maintenance and 

9 backlog; 

10 (3) the impacts of public safety due to such de11 ferred maintenance; and 

12 (4) recommendations for Congress on ways to 

13 address such backlog. 

14 (b) REPORT.—Not later than 1 year after the date of 

15 enactment of this Act, the Comptroller General of the United 

16 States shall submit to the Committee on Transportation 

17 and Infrastructure of the House of Representatives and the 

18 Committee on Environment and Public Works of the Senate 

19 a report containing the results of the study conducted under 

20 subsection (a). 

21 SEC. 1511. FEDERAL LANDS ACCESS PROGRAM. 

22 Section 204(a) of title 23, United States Code, is 

23 amended— 

24 (1) in paragraph (1)(A)— 


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1 (A) in the matter preceding clause (i), by 

2 inserting ‘‘context-sensitive solutions,’’ after ‘‘res3 toration,’’; 

4 (B) in clause (i), by inserting ‘‘, including 

5 interpretive panels in or adjacent to those areas’’ 

6 after ‘‘areas’’; 

7 (C) in clause (v), by striking ‘‘and’’ at the 

8 end; 

9 (D) by redesignating clause (vi) as clause 

10 (ix); and 

11 (E) by inserting after clause (v) the fol12 lowing: 

13 ‘‘(vi) contextual wayfinding markers; 

14 ‘‘(vii) landscaping; 

15 ‘‘(viii) cooperative mitigation of visual 

16 blight, including screening or removal; 

17 and’’; and 

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

19 ‘‘(6) NATIVE PLANT MATERIALS.—In carrying 

20 out an activity described in paragraph (1), the Sec21 retary shall ensure that the entity carrying out the 

22 activity considers— 

23 ‘‘(A) the use of locally adapted native plant 

24 materials; and 


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1 ‘‘(B) designs that minimize runoff and heat 

2 generation.’’. 

3 Subtitle F—Additional Provisions 

4 SEC. 1601. VISION ZERO. 

5 (a) IN GENERAL.—A local government, metropolitan 

6 planning organization, or regional transportation planning 

7 organization may develop and implement a vision zero 

8 plan to significantly reduce or eliminate transportation-re9 lated fatalities and serious injuries within a specified time10 frame, not to exceed 20 years. 

11 (b) USE OF FUNDS.—Amounts apportioned to a State 

12 under paragraph (2) or (3) of section 104(b) of title 23, 

13 United States Code, may be used— 

14 (1) to carry out vision zero planning under this 

15 section or a vulnerable road user safety assessment; 

16 and 

17 (2) to implement an existing vision zero plan. 

18 (c) CONTENTS OF PLAN.—A vision zero plan under 

19 this section shall include— 

20 (1) a description of programs, strategies, or poli21 cies intended to significantly reduce or eliminate 

22 transportation-related fatalities and serious injuries 

23 within a specified timeframe, not to exceed 20 years, 

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1 ty plan and uses existing transportation data and 

2 consideration of risk factors; 

3 (2) plans for implementation of, education of the 

4 public about, and enforcement of such programs, 

5 strategies, or policies; 

6 (3) a description of how such programs, strate7 gies, or policies, and the enforcement of such pro8 grams, strategies, or policies will— 

9 (A) equitably invest in the safety needs of 

10 low-income and minority communities; 

11 (B) ensure that such communities are not 

12 disproportionately targeted by law enforcement; 

13 and 

14 (C) protect the rights of members of such 

15 communities with respect to title VI of the Civil 

16 Rights Act of 1964 (42 U.S.C. 2000d et seq.); 

17 and 

18 (4) a description of a mechanism to evaluate 

19 progress of the development and implementation of 

20 the plan, including the gathering and use of transpor21 tation safety and demographic data. 

22 (d) INCLUSIONS.—A vision zero plan may include a 

23 complete streets prioritization plan that identifies a specific 

24 list of projects to— 


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1 (1) create a connected network of active trans2 portation facilities, including sidewalks, bikeways, or 

3 pedestrian and bicycle trails, to connect communities 

4 and provide safe, reliable, affordable, and convenient 

5 access to employment, housing, and services, con6 sistent with the goals described in section 150(b) of 

7 title 23, United States Code; 

8 (2) integrate active transportation facilities with 

9 public transportation service or improve access to 

10 public transportation; and 

11 (3) improve transportation options for low-in12 come and minority communities. 

13 (e) COORDINATION.—A vision zero plan under this sec14 tion shall provide for coordination of various subdivisions 

15 of a unit of local government in the implementation of the 

16 plan, including subdivisions responsible for law enforce17 ment, public health, data collection, and public works. 

18 (f) SAFETY PERFORMANCE MANAGEMENT.—A vision 

19 zero plan under this section is not sufficient to demonstrate 

20 compliance with the safety performance or planning re21 quirements of section 148 or 150 of title 23, United States 

22 Code. 

23 (g) GUIDANCE ON SAFE SYSTEM APPROACH.—The 

24 Secretary of Transportation shall develop guidance on the 

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1 ning, scoping, and design to facilitate the implementation 

2 of vision zero plans under this section and vulnerable road 

3 user assessments under section 148 of title 23, United States 

4 Code. 

5 (h) DEFINITIONS.—In this section, the terms ‘‘safe sys6 tem approach’’ and ‘‘vulnerable road user safety assess7 ment’’ have the meanings given such terms in section 148 

8 of title 23, United States Code. 

9 SEC. 1602. SPEED LIMITS. 

10 (a) SPEED LIMITS.—The Secretary of Transportation 

11 shall revise the Manual on Uniform Traffic Control Devices 

12 to provide for a safe system approach to setting speed lim13 its, consistent with the safety recommendations issued by 

14 the National Transportation Safety Board on August 15, 

15 2017, numbered H–17–27 and H–17–028. 

16 (b) CONSIDERATIONS.—In carrying out subparagraph 

17 (A), the Secretary shall consider— 

18 (1) crash statistics; 

19 (2) road geometry characteristics; 

20 (3) roadside characteristics; 

21 (4) traffic volume; 

22 (5) the possibility and likelihood of human error; 

23 (6) human injury tolerance; 

24 (7) the prevalence of vulnerable road users; and 


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1 (8) any other consideration, consistent with a 

2 safe system approach, as determined by the Secretary. 

3 (c) REPORT ON SPEED MANAGEMENT PROGRAM

4 PLAN.—Not later than 1 year after the date of enactment 

5 of this Act, the Secretary shall update and report on the 

6 implementation progress of the Speed Management Pro7 gram Plan of the Department of Transportation, as de8 scribed in the safety recommendation issued by the National 

9 Transportation Safety Board on August 15, 2017, num10 bered H–17–018. 

11 (d) DEFINITIONS.—In this section, the terms ‘‘safe sys12 tem approach’’ and ‘‘vulnerable road user’’ have the mean13 ings given such terms in section 148(a) of title 23, United 

14 States Code. 

15 SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE 

16 DEPLOYMENT. 

17 (a) DEFINITIONS.—In this section: 

18 (1) APPROPRIATE STATE AGENCY.—The term 

19 ‘‘appropriate State agency’’ means a State govern20 mental agency that is recognized by the executive 

21 branch of the State as having the experience necessary 

22 to evaluate and facilitate the installation and oper23 ation of broadband infrastructure within the State. 

24 (2) BROADBAND.—The term ‘‘broadband’’ has 

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1 cations capability’’ in section 706 of the Tele2 communications Act of 1996 (47 U.S.C. 1302). 

3 (3) BROADBAND CONDUIT.—The term 

4 ‘‘broadband conduit’’ means a conduit or innerduct 

5 for fiber optic cables (or successor technology of great6 er quality and speed) that supports the provision of 

7 broadband. 

8 (4) BROADBAND INFRASTRUCTURE.—The term 

9 ‘‘broadband infrastructure’’ means any buried or un10 derground facility and any wireless or wireline con11 nection that enables the provision of broadband. 

12 (5) BROADBAND PROVIDER.—The term 

13 ‘‘broadband provider’’ means an entity that provides 

14 broadband to any person, including, with respect to 

15 such entity— 

16 (A) a corporation, company, association, 

17 firm, partnership, nonprofit organization, or 

18 any other private entity; 

19 (B) a State or local broadband provider; 

20 (C) an Indian Tribe; and 

21 (D) a partnership between any of the enti22 ties described in subparagraphs (A), (B), and 

23 (C). 

24 (6) COVERED HIGHWAY CONSTRUCTION

25 PROJECT.— 


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1 (A) IN GENERAL.—The term ‘‘covered high2 way construction project’’ means, without regard 

3 to ownership of a highway, a project funded 

4 under title 23, United States Code, and adminis5 tered by a State department of transportation to 

6 construct a new highway or an additional lane 

7 for an existing highway, to reconstruct an exist8 ing highway, or new construction, including con9 struction of a paved shoulder. 

10 (B) EXCLUSIONS.—The term ‘‘covered high11 way construction project’’ excludes any project— 

12 (i) awarded before the date on which 

13 regulations required under subsection (b) 

14 take effect; 

15 (ii) that does not include work beyond 

16 the edge of pavement or current paved 

17 shoulder; 

18 (iii) that is less than a mile in length; 

19 or 

20 (iv) that is— 

21 (I) a project primarily for resur22 facing, restoration, rehabilitation, or 

23 maintenance; 

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1 reational trails, or safe routes to school 

2 project; 

3 (III) an operational improvement 

4 (as such term is defined in section 101 

5 of title 23, United States Code); 

6 (IV) a project primarily to install 

7 signage; or 

8 (V) a culvert project. 

9 (7) DIG ONCE REQUIREMENT.—The term ‘‘dig 

10 once requirement’’ means a requirement designed to 

11 reduce the cost and accelerate the deployment of 

12 broadband by minimizing the number and scale of re13 peated excavations for the installation and mainte14 nance of broadband conduit or broadband infrastruc15 ture in rights-of-way. 

16 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

17 has the meaning given such term in section 4(e) of the 

18 Indian Self-Determination and Education Assistance 

19 Act (25 U.S.C. 5304(e)). 

20 (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 

21 Administrator’’ means the Assistant Secretary of 

22 Commerce for Communications and Information. 

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

24 meaning given such term in section 101 of title 23, 

25 United States Code. 


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1 (11) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Transportation. 

3 (12) STATE.—The term ‘‘State’’ has the meaning 

4 given such term in section 401 of title 23, United 

5 States Code. 

6 (13) STATE OR LOCAL BROADBAND PROVIDER.— 

7 The term ‘‘State or local broadband provider’’ means 

8 a State or political subdivision thereof, or any agen9 cy, authority, or instrumentality of a State or polit10 ical subdivision thereof, that provides broadband to 

11 any person or facilitates the provision of broadband 

12 to any person in such State. 

13 (b) DIG ONCE REQUIREMENT.—Not later than 12 

14 months after the date of enactment of this Act, to facilitate 

15 the installation of broadband infrastructure, the Secretary 

16 shall issue such regulations as may be necessary to ensure 

17 that each State that receives funds under chapter 1 of title 

18 23, United States Code, complies with the following provi19 sions: 

20 (1) BROADBAND PLANNING AND NOTICE.—The 

21 State department of transportation, in consultation 

22 with appropriate State agencies, shall— 

23 (A) review existing State broadband plans, 

24 including existing dig once requirements of the 

25 State, municipal governments incorporated 


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1 under State law, and Indian tribes within the 

2 State, to determine opportunities to coordinate 

3 covered highway construction projects occurring 

4 within or across highway rights-of-way with 

5 planned broadband infrastructure projects; 

6 (B) identify a broadband coordinator, who 

7 may have additional responsibilities in the State 

8 department of transportation or in another State 

9 agency, that is responsible for facilitating the 

10 broadband infrastructure right-of-way efforts 

11 within the State; and 

12 (C) establish a process— 

13 (i) for the registration of broadband 

14 providers that seek to be included in the ad15 vance notification of, and opportunity to 

16 participate in, broadband infrastructure 

17 right-of-way facilitation efforts within the 

18 State; and 

19 (ii) to electronically notify all 

20 broadband providers registered under clause 

21 (i)— 

22 (I) of the State transportation im23 provement program on at least an an24 nual basis; and 


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1 (II) of covered highway construc2 tion projects within the highway right3 of-way for which Federal funding is 

4 expected to be obligated in the subse5 quent fiscal year. 

6 (2) COORDINATION AND COMPLIANCE.— 

7 (A) MOBILE NOW ACT.—A State department 

8 of transportation shall be considered to meet the 

9 requirements of subparagraphs (B) and (C) of 

10 paragraph (1) if such State department of trans11 portation has been determined to be in compli12 ance with the requirements established under sec13 tion 607 of division P of the Consolidated Ap14 propriations Act, 2018 (47 U.S.C. 1504). 

15 (B) WEBSITE.—A State department of 

16 transportation shall be considered to meet the re17 quirements of paragraph (1)(C) if the State pub18 lishes on a public website— 

19 (i) the State transportation improve20 ment program on at least an annual basis; 

21 and 

22 (ii) covered highway construction 

23 projects within the highway right-of-way for 

24 which Federal funding is expected to be ob25 ligated in the subsequent fiscal year. 


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1 (C) COORDINATION.—The State department 

2 of transportation, in consultation with appro3 priate State agencies, shall by rule or regulation 

4 establish a process for a broadband provider to 

5 commit to installing broadband conduit or 

6 broadband infrastructure as part of any covered 

7 highway construction project. 

8 (D) APPROPRIATE STATE AGENCY.—In lieu 

9 of the State department of transportation, at the 

10 discretion of the State, an appropriate State 

11 agency, in consultation with the State depart12 ment of transportation, may carry out the re13 quirements of paragraph (1). 

14 (3) REQUIRED INSTALLATION OF BROADBAND

15 CONDUIT.— 

16 (A) IN GENERAL.—The State department of 

17 transportation shall install broadband conduit, 

18 in accordance with this paragraph (except as de19 scribed in subparagraph (F)), as part of any 

20 covered highway construction project, unless a 

21 broadband provider has committed to install 

22 broadband conduit or broadband infrastructure 

23 as part of such project in a process described 

24 under paragraph (2)(C). 


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1 (B) INSTALLATION REQUIREMENTS.—In in2 stalling broadband conduit or broadband infra3 structure as part of a covered highway construc4 tion project, the State department of transpor5 tation shall ensure that— 

6 (i) installation pursuant to this para7 graph of broadband conduit, broadband in8 frastructure, and means or points of access 

9 to such conduit or infrastructure (such as 

10 poles, hand holes, manholes, pull tape, or 

11 ducts) shall provide for the current and fu12 ture safe operation of the traveled way, is 

13 consistent with part 645 of title 23, Code of 

14 Federal Regulations, and any accommoda15 tion policies of the State under such part to 

16 reasonably enable deployment of such con17 duit, infrastructure, and means or points of 

18 access, and any Damage Prevention and 

19 Underground Facilities Protection or re20 lated requirements of the State; 

21 (ii) an appropriate number of 

22 broadband conduits, as determined in con23 sultation with the appropriate State agen24 cies, are installed along the right-of-way of 

25 a covered highway construction project to 


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1 accommodate multiple broadband providers, 

2 with consideration given to the availability 

3 of existing broadband conduits; 

4 (iii) the size of each broadband conduit 

5 is consistent with industry best practices, 

6 consistent with the requirements of part 645 

7 of title 23, Code of Federal Regulations, and 

8 sufficient to accommodate anticipated de9 mand, as determined in consultation with 

10 the appropriate State agencies; 

11 (iv) any hand holes and manholes nec12 essary for fiber access and pulling with re13 spect to such conduit are placed at intervals 

14 consistent with standards determined in 

15 consultation with the appropriate State 

16 agencies (which may differ by type of road, 

17 topologies, and rurality) the requirements of 

18 part 645 of title 23, Code of Federal Regu19 lations, and other applicable safety require20 ments; 

21 (v) each broadband conduit installed 

22 pursuant to this paragraph includes a pull 

23 tape and is capable of supporting fiber 

24 optic cable placement techniques consistent 

25 with best practices and the requirements of 


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1 part 645 of title 23, Code of Federal Regu2 lations; 

3 (vi) broadband conduit is placed at a 

4 depth consistent with requirements of the 

5 covered highway construction project and 

6 best practices and that, in determining the 

7 depth of placement, consideration is given 

8 to the location of existing utilities and cable 

9 separation requirements of State and local 

10 electrical codes; and 

11 (vii) installation of broadband conduit 

12 shall not preclude the installation of other 

13 specific socially, environmentally, or eco14 nomically beneficial uses of the right-of15 way, such as planned energy transmission 

16 or renewable energy generation projects. 

17 (C) PROGRAMMATIC REVIEW.—The State 

18 department of transportation may make deter19 minations on the implementation of the require20 ments described in subparagraph (B) on a pro21 grammatic basis. 

22 (D) ACCESS.— 

23 (i) IN GENERAL.—The State depart24 ment of transportation shall ensure that 

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1 cess to each broadband conduit installed by 

2 the State pursuant to this paragraph, on a 

3 competitively neutral and nondiscrim4 inatory basis and in accordance with State 

5 permitting, licensing, leasing, or other simi6 lar laws and regulations. 

7 (ii) SOCIALLY BENEFICIAL USE.—The 

8 installation of broadband conduit as part of 

9 a covered highway construction project shall 

10 be considered a socially-beneficial use of the 

11 right-of-way under section 156(b) of title 

12 23, United States Code. 

13 (iii) IN-KIND COMPENSATION.—The 

14 State department of transportation may ne15 gotiate in-kind compensation with any 

16 broadband provider requesting access to 

17 broadband conduit installed under the pro18 visions of this paragraph. 

19 (iv) SAFETY CONSIDERATIONS.—The 

20 State department of transportation shall 

21 provide for a process for a broadband pro22 vider to safely access to the highway right23 of-way during installation and on-going 

24 maintenance of the broadband conduit and 


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1 broadband infrastructure, including a traf2 fic control safety plan. 

3 (v) COMMUNICATION.—A broadband 

4 provider with access to the conduit installed 

5 pursuant to this subsection shall notify, and 

6 receive permission from, the relevant agen7 cies of State responsible for the installation 

8 of such broadband conduit prior to access9 ing any highway or highway right-of-way, 

10 in accordance with applicable Federal re11 quirements. 

12 (E) TREATMENT OF PROJECTS.—Notwith13 standing any other provision of law, broadband 

14 conduit and broadband infrastructure installa15 tion projects installed by a State under this 

16 paragraph shall comply with section 113(a) of 

17 title 23, United States Code. 

18 (F) WAIVER AUTHORITY.— 

19 (i) IN GENERAL.—A State department 

20 of transportation may waive the required 

21 installation of broadband conduit for part 

22 or all of any covered highway construction 

23 project under this paragraph if, in the de24 termination of the State department of 

25 transportation— 


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1 (I) broadband infrastructure, ter2 restrial broadband infrastructure, aer3 ial broadband fiber cables, or 

4 broadband conduit is present near a 

5 majority of the length of the covered 

6 highway construction project; 

7 (II) installation of terrestrial or 

8 aerial broadband fiber cables associated 

9 with the covered highway construction 

10 project is more appropriate for the con11 text or a more cost-effective means to 

12 facilitate broadband service to an area 

13 not adequately served by broadband 

14 and such installation is present or 

15 planned; 

16 (III) the installation of broadband 

17 conduit increases overall costs of a cov18 ered highway construction project by 

19 1.5 percent or greater; 

20 (IV) the installation of broadband 

21 conduit associated with the covered 

22 highway construction project is not 

23 reasonably expected to be utilized or 

24 connected to future broadband infra25 structure in the 20 years following the 


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1 date on which such determination is 

2 made, as determined by the State de3 partment of transportation, in con4 sultation with appropriate State agen5 cies and potentially affected local gov6 ernments and Indian tribes; 

7 (V) the requirements of this para8 graph would require installation of 

9 conduit redundant with a dig once re10 quirement of a local government or In11 dian tribe; 

12 (VI) there exists a circumstance 

13 involving force majeure; or 

14 (VII) the installation of conduit is 

15 not appropriate based on other rel16 evant factors established by the Sec17 retary in consultation with the NTIA 

18 Administrator through regulation. 

19 (ii) CONTENTS OF WAIVER.—A waiver 

20 authorized under this subparagraph shall— 

21 (I) identify the covered highway 

22 construction project; and 

23 (II) include a brief description of 

24 the determination of the State for 

25 issuing such waiver. 


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1 (iii) AVAILABILITY OF WAIVER.—Noti2 fication of a waiver authorized under this 

3 subparagraph shall be made publicly avail4 able, such as on a public website of the 

5 State department of transportation de6 scribed in paragraph (2)(B). 

7 (iv) WAIVER DETERMINATION.— 

8 (I) IN GENERAL.—The State de9 partment of transportation shall be re10 sponsible for the waiver determination 

11 described under this paragraph, con12 sistent with the regulation issued pur13 suant to this subsection, and may 

14 grant a programmatic waiver for cat15 egories of projects excluded under this 

16 subparagraph. 

17 (II) NO PRIVATE CAUSE OF AC18 TION.—The waiver determination de19 scribed under this paragraph shall be 

20 final and conclusive. Nothing in this 

21 section shall provide a private right or 

22 cause of action to challenge such deter23 mination in any court of law. 

24 (4) PRIORITY.—If a State provides for the in25 stallation of broadband infrastructure or broadband 


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1 conduit in the right-of-way of a covered highway con2 struction project, the State department of transpor3 tation, along with appropriate State agencies, shall 

4 carry out appropriate measures to ensure that an ex5 isting broadband provider is afforded access that is 

6 non-discriminatory, competitively neutral, and equal 

7 in opportunity, as compared to other broadband pro8 viders, with respect to the program under this sub9 section. 

10 (c) GUIDANCE FOR THE INSTALLATION OF BROADBAND

11 CONDUIT.—The Secretary, in consultation with the NTIA 

12 Administrator, shall issue guidance for best practices re13 lated to the installation of broadband conduit as described 

14 in subsection (b)(2) and of conduit and similar infrastruc15 ture for intelligent transportation systems (as such term is 

16 defined in section 501 of title 23, United States Code) that 

17 may utilize broadband conduit installed pursuant to sub18 section (b)(2). 

19 (d) CONSULTATION.— 

20 (1) IN GENERAL.—In issuing regulations re21 quired by this subsection or to implement any part 

22 of this section, the Secretary shall consult— 

23 (A) the NTIA Administrator; 

24 (B) the Federal Communications Commis25 sion; 


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1 (C) State departments of transportation; 

2 (D) appropriate State agencies; 

3 (E) agencies of local governments respon4 sible for transportation and rights-of-way, utili5 ties, and telecommunications and broadband; 

6 (F) Indian tribes; 

7 (G) broadband providers; and 

8 (H) manufacturers of optical fiber, conduit, 

9 pull tape, and related items. 

10 (2) BROADBAND USERS.—The Secretary shall en11 sure that the entities consulted under subparagraphs 

12 (C) through (F) of paragraph (1) include entities that 

13 have expertise with rural areas and populations with 

14 limited access to broadband infrastructure. 

15 (3) BROADBAND PROVIDERS.—The Secretary 

16 shall ensure that the entities consulted under subpara17 graph (G) of paragraph (1) include entities that pro18 vide broadband to rural areas and populations with 

19 limited access to broadband infrastructure. 

20 (4) CONSULTING SMALL MUNICIPALITIES.—The 

21 Secretary shall ensure that the agencies of local gov22 ernments consulted under subparagraph (E) of para23 graph (1) include rural areas, specifically agencies of 

24 local governments with populations less than 50,000. 

25 (e) OVERSIGHT.— 


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1 (1) IN GENERAL.—The Secretary shall periodi2 cally review compliance with the regulations issued 

3 pursuant to this section and ensure that State waiver 

4 determinations are consistent with such regulations. 

5 (2) EFFICIENT REVIEW.—The review described 

6 under paragraph (1) may be carried out through the 

7 risk-based stewardship and oversight program de8 scribed under section 106(g) of title 23, United States 

9 Code. 

10 (3) EFFECT OF SUBSECTION.—Nothing in this 

11 subsection shall affect or discharge any oversight re12 sponsibility of the Secretary specifically provided for 

13 under title 23, United States Code, or any other Fed14 eral law. 

15 (f) ADDITIONAL PROVISIONS.— 

16 (1) APPLICABILITY.— 

17 (A) IN GENERAL.—The portion of the regu18 lation issued pursuant to subsection (b) relating 

19 to the provisions under paragraph (3) of such 

20 subsection shall not take effect until a source of 

21 dedicated funding for the installation and long 

22 term maintenance of broadband conduit de23 scribed in subsection (g)(2) is established. 

24 (B) APPLICABILITY DATE.—Paragraphs (2) 

25 through (4) of subsection (b) and subsection (d) 


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1 shall apply only to covered highway construction 

2 projects for which Federal obligations or expend3 itures are initially approved on or after the date 

4 on which regulations required under this sub5 section take effect. 

6 (2) RULES OF CONSTRUCTION.— 

7 (A) STATE LAW.—Nothing in this sub8 section shall be construed to require a State to 

9 install or allow the installation of broadband 

10 conduit or broadband infrastructure— 

11 (i) that is otherwise inconsistent with 

12 what is allowable under State law; or 

13 (ii) where the State lacks the authority 

14 for such installation, such as any property 

15 right or easement necessary for such instal16 lation. 

17 (B) NO REQUIREMENT FOR INSTALLATION

18 OF MOBILE SERVICES EQUIPMENT.—Nothing in 

19 this section shall be construed to require a State, 

20 a municipal government incorporated under 

21 State law, or an Indian Tribe to install or allow 

22 for the installation of equipment essential for the 

23 provision of commercial mobile services (as de24 fined in section 332(d) of the Communications 

25 Act of 1934 (47 U.S.C. 332(d))) or commercial 


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1 mobile data service (as defined in section 6001 

2 of the Middle Class Tax Relief and Job Creation 

3 Act of 2012 (47 U.S.C. 1401)), other than 

4 broadband conduit and associated equipment de5 scribed in paragraph (3)(B). 

6 (3) RELATION TO STATE DIG ONCE REQUIRE7 MENTS.—Nothing in subsections (b), (c), (d), or (e) or 

8 any regulations issued pursuant to subsection (b) 

9 shall be construed to alter or supersede any provision 

10 of a State law or regulation that provides for a dig 

11 once requirement that includes similar or more strin12 gent requirements to the provisions of subsections (b), 

13 (c), (d), or (e) and any regulations promulgated 

14 under subsection (b). 

15 (g) DIG ONCE FUNDING TASK FORCE.— 

16 (1) ESTABLISHMENT.—The Secretary and the 

17 NTIA Administrator shall jointly establish an inde18 pendent task force on funding the nationwide dig once 

19 requirement described in this section to be known as 

20 the ‘‘Dig Once Funding Task Force’’ (hereinafter re21 ferred to as the ‘‘Task Force’’). 

22 (2) DUTIES.—The duties of the Task Force shall 

23 be to— 


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1 (A) estimate the annual cost for imple2 menting, administering, and maintaining a na3 tionwide dig once requirement; 

4 (B) propose and evaluate options for fund5 ing a nationwide dig once requirement described 

6 in this section that includes— 

7 (i) a discussion of the role and poten8 tial share of costs of— 

9 (I) the Federal Government; 

10 (II) State and local governments 

11 and Indian tribes; and 

12 (III) broadband providers install13 ing broadband conduit or broadband 

14 infrastructure under this section; 

15 (ii) consideration of the role of existing 

16 dig once requirements on States, local gov17 ernments, and Indian tribes and the role of 

18 private broadband investment, with a goal 

19 to not discourage or disincentivize such dig 

20 once requirements or such investment; and 

21 (iii) evaluating the appropriate entity 

22 or entities responsible for maintaining the 

23 broadband infrastructure and conduit in24 stalled pursuant to a dig once requirement; 

25 and 


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1 (C) propose a cost-based model fee schedule 

2 for a State to charge a broadband provider to ac3 cess and use conduit installed by such State pur4 suant to this section that— 

5 (i) shall consider costs (including ad6 ministrative costs) associated with installa7 tion and long-term maintenance of the 

8 broadband conduit installed pursuant to 

9 this section; 

10 (ii) may vary by topography, location, 

11 type of road, rurality, and other factors; 

12 and 

13 (iii) may consider financial and mar14 ket incentives for expanding broadband in15 frastructure. 

16 (3) REPORTS.— 

17 (A) INTERIM REPORT AND BRIEFING.—Not 

18 later than 9 months after the appointment of 

19 Members to the Task Force under paragraph 

20 (4)(D), the Task Force shall— 

21 (i) submit to Congress an interim re22 port on the findings of the Task Force; and 

23 (ii) provide briefings for Congress on 

24 the findings of the Task Force. 


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1 (B) FINAL REPORT.—Not later than 3 

2 months after the submission of the interim report 

3 under subparagraph (A), the Task Force shall 

4 submit to Congress a final report on the findings 

5 of the Task Force. 

6 (4) MEMBERS.— 

7 (A) APPOINTMENTS.—The Task Force shall 

8 consist of 14 members, comprising— 

9 (i) 2 co-chairs described in subpara10 graph (B); 

11 (ii) 6 members jointly appointed by 

12 the Speaker and minority leader of the 

13 House of Representatives, in consultation 

14 with the respective Chairs and Ranking 

15 Members of— 

16 (I) the Committee on Transpor17 tation and Infrastructure of the House 

18 of Representatives; 

19 (II) the Committee on Energy and 

20 Commerce of the House of Representa21 tives; and 

22 (III) the Committee on Appro23 priations of the House of Representa24 tives; and 


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1 (iii) 6 members jointly appointed by 

2 the majority leader and minority leader of 

3 the Senate, in consultation with the respec4 tive Chairs and Ranking Members of the— 

5 (I) the Committee on Environ6 ment and Public Works of the Senate; 

7 (II) the Committee on Commerce, 

8 Science, and Transportation of the 

9 Senate; and 

10 (III) the Committee on Appro11 priations of the Senate. 

12 (B) CO-CHAIRS.—The Task Force shall be 

13 co-chaired by the Secretary and the NTIA Ad14 ministrator, or the designees of the Secretary and 

15 NTIA Administrator. 

16 (C) COMPOSITION.—The Task Force shall 

17 include at least— 

18 (i) 1 representative from a State de19 partment of transportation; 

20 (ii) 1 representative from a local gov21 ernment; 

22 (iii) 1 representative from an Indian 

23 tribe; 

24 (iv) 1 representative from a broadband 

25 provider; 


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1 (v) 1 representative from a State or 

2 local broadband provider; 

3 (vi) 1 representative from a labor 

4 union; and 

5 (vii) 1 representative from a public in6 terest organization. 

7 (D) APPOINTMENT DEADLINE.—Members 

8 shall be appointed to the Task Force not later 

9 than 60 days after the date of enactment of this 

10 Act. 

11 (E) TERMS.—Members shall be appointed 

12 for the life of the Task Force. A vacancy in the 

13 Task Force shall not affect the powers of the Task 

14 Force and the vacancy shall be filled in the same 

15 manner as the initial appointment was made. 

16 (5) CONSULTATIONS.—In carrying out the duties 

17 required under this subsection, the Task Force shall 

18 consult, at a minimum— 

19 (A) the Federal Communications Commis20 sion; 

21 (B) agencies of States including— 

22 (i) State departments of transpor23 tation; and 

24 (ii) appropriate State agencies; 


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1 (C) agencies of local governments respon2 sible for transportation and rights-of-way, utili3 ties, and telecommunications and broadband; 

4 (D) Indian tribes; 

5 (E) broadband providers and other tele6 communications providers; 

7 (F) labor unions; and 

8 (G) State or local broadband providers and 

9 Indian tribes that act as broadband providers. 

10 (6) ADDITIONAL PROVISIONS.— 

11 (A) EXPENSES FOR NON-FEDERAL MEM12 BERS.—Non-Federal members of the Task Force 

13 shall be allowed travel expenses, including per 

14 diem in lieu of subsistence, at rates authorized 

15 for employees under subchapter I of chapter 57 

16 of title 5, United States Code, while away from 

17 the homes or regular places of business of such 

18 members in the performance of services for the 

19 Task Force. 

20 (B) STAFF.—Staff of the Task Force shall 

21 comprise detailees with relevant expertise from 

22 the Department of Transportation and the Na23 tional Telecommunications and Information Ad24 ministration, or another Federal agency that the 

25 co-chairpersons consider appropriate, with the 


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1 consent of the head of the Federal agency, and 

2 such detailees shall retain the rights, status, and 

3 privileges of the regular employment of such 

4 detailees without interruption. 

5 (C) ADMINISTRATIVE ASSISTANCE.—The 

6 Secretary and NTIA Administrator shall provide 

7 to the Task Force on a reimbursable basis ad8 ministrative support and other services for the 

9 performance of the functions of the Task Force. 

10 (7) TERMINATION.—The Task Force shall termi11 nate not later than 90 days after submission of the 

12 final report required under paragraph (3)(B). 

13 SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES. 

14 (a) STUDY.— 

15 (1) IN GENERAL.—Not later than 180 days after 

16 the date of enactment of this Act, the Secretary of 

17 Transportation and the Administrator shall seek to 

18 enter into an agreement with the Transportation Re19 search Board of the National Academy of Sciences to 

20 under which the Transportation Research Board shall 

21 conduct a study— 

22 (A) to estimate pollutant loads from 

23 stormwater runoff from highways and pedestrian 

24 facilities eligible for assistance under title 23, 

25 United States Code, to inform the development of 


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1 appropriate total maximum daily load require2 ments; 

3 (B) to provide recommendations (including 

4 recommended revisions to existing laws and reg5 ulations) regarding the evaluation and selection 

6 by State departments of transportation of poten7 tial stormwater management and total max8 imum daily load compliance strategies within a 

9 watershed, including environmental restoration 

10 and pollution abatement carried out under sec11 tion 328 of title 23, United States Code; 

12 (C) to examine the potential for the Sec13 retary to assist State departments of transpor14 tation in carrying out and communicating 

15 stormwater management practices for highways 

16 and pedestrian facilities that are eligible for as17 sistance under title 23, United States Code, 

18 through information-sharing agreements, data19 base assistance, or an administrative platform to 

20 provide the information described in subpara21 graphs (A) and (B) to entities issued permits 

22 under the Federal Water Pollution Control Act 

23 (33 U.S.C. 1251 et seq.); and 

24 (D) to examine the benefit of concentrating 

25 stormwater retrofits in impaired watersheds and 


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1 selecting such retrofits according to a process 

2 that depends on a watershed management plan 

3 developed in accordance with section 319 of the 

4 Federal Water Pollution Control Act (33 U.S.C. 

5 1329). 

6 (2) REQUIREMENTS.—In conducting the study 

7 under the agreement entered into pursuant to para8 graph (1), the Transportation Research Board shall— 

9 (A) review and supplement, as appropriate, 

10 the methodologies examined and recommended in 

11 the 2019 report of the National Academies of 

12 Sciences, Engineering, and Medicine titled ‘‘Ap13 proaches for Determining and Complying with 

14 TMDL Requirements Related to Roadway 

15 Stormwater Runoff’’; 

16 (B) consult with— 

17 (i) the Secretary of Transportation; 

18 (ii) the Secretary of Agriculture; 

19 (iii) the Administrator; 

20 (iv) the Secretary of the Army, acting 

21 through the Chief of Engineers; and 

22 (v) State departments of Transpor23 tation; and 

24 (C) solicit input from— 


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1 (i) stakeholders with experience in im2 plementing stormwater management prac3 tices for projects; and 

4 (ii) educational and technical 

5 stormwater management groups. 

6 (3) REPORT.—In carrying out the agreement en7 tered into pursuant to paragraph (1), not later than 

8 18 months after the date of enactment of this Act, the 

9 Transportation Research Board shall submit to the 

10 Secretary of Transportation, the Administrator, the 

11 Committee on Transportation and Infrastructure of 

12 the House of Representatives, and the Committee on 

13 Environment and Public Works of the Senate a report 

14 describing the results of the study. 

15 (b) STORMWATER BEST MANAGEMENT PRACTICES RE16 PORTS.— 

17 (1) REISSUANCE.—Not later than 180 days after 

18 the date of enactment of this Act, the Administrator 

19 shall update and reissue the best management prac20 tices reports to reflect new information and advance21 ments in stormwater management. 

22 (2) UPDATES.—Not less frequently than once 

23 every 5 years after the date on which the Secretary 

24 reissues the best management practices reports under 

25 paragraph (1), the Secretary shall update and reissue 


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1 the best management practices reports, unless the con2 tents of the best management practices reports have 

3 been incorporated (including by reference) into appli4 cable regulations of the Secretary. 

5 (c) DEFINITIONS.—In this section: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) BEST MANAGEMENT PRACTICES REPORTS.— 

10 The term ‘‘best management practices reports’’ 

11 means— 

12 (A) the 2014 report sponsored by the De13 partment of Transportation titled ‘‘Determining 

14 the State of the Practice in Data Collection and 

15 Performance Measurement of Stormwater Best 

16 Management Practices’’ (FHWA–HEP–16–021); 

17 and 

18 (B) the 2000 report sponsored by the De19 partment of Transportation titled ‘‘Stormwater 

20 Best Management Practices in an Ultra-Urban 

21 Setting: Selection and Monitoring’’. 

22 (3) TOTAL MAXIMUM DAILY LOAD.—The term 

23 ‘‘total maximum daily load’’ has the meaning given 

24 such term in section 130.2 of title 40, Code of Federal 

25 Regulations (or successor regulations). 


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1 SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT2 OF-WAY. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Architectural and Trans5 portation Barriers Compliance Board under the authority 

6 of section 502(b)(3) of the Rehabilitation Act of 1973 (29 

7 U.S.C. 792(b)(3)), shall publish final accessibility guide8 lines setting forth minimum standards for pedestrian facili9 ties in the public right-of-way, including shared use paths. 

10 (b) ADOPTION OF REGULATIONS.—Not later than 180 

11 days after the establishment of the guidelines pursuant to 

12 subsection (a), the Secretary shall issue such regulations as 

13 are necessary to adopt such guidelines. 

14 SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT. 

15 (a) HIGHWAY FORMULA MODERNIZATION STUDY.— 

16 (1) IN GENERAL.—The Secretary of Transpor17 tation, in consultation with the State departments of 

18 transportation and representatives of local govern19 ments (including metropolitan planning organiza20 tions), shall conduct a highway formula moderniza21 tion study to assess the method and data used to ap22 portion Federal-aid highway funds under subsections 

23 (b) and (c) of section 104 of title 23, United States 

24 Code, and issue recommendations on such method and 

25 data. 


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1 (2) ASSESSMENT.—The highway formula mod2 ernization study required under paragraph (1) shall 

3 include an assessment of, based on the latest available 

4 data, whether the apportionment method under such 

5 section results in— 

6 (A) an equitable distribution of funds based 

7 on the estimated tax payments attributable to— 

8 (i) highway users in the State that are 

9 paid into the Highway Trust Fund; and 

10 (ii) individuals in the State that are 

11 paid to the Treasury, based on contribu12 tions to the Highway Trust Fund from the 

13 general fund of the Treasury; and 

14 (B) the achievement of the goals described 

15 in section 101(b)(3) of title 23, United States 

16 Code. 

17 (3) CONSIDERATIONS.—In carrying out the as18 sessment under paragraph (2), the Secretary shall 

19 consider the following: 

20 (A) The factors described in sections 104(b), 

21 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 

22 23, United States Code, as in effect on the date 

23 of enactment of SAFETEA–LU (Public Law 

24 109–59). 


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1 (B) The availability and accuracy of data 

2 necessary to calculate formula apportionments 

3 under the factors described in subparagraph (A). 

4 (C) The measures established under section 

5 150 of title 23, United States Code, and whether 

6 such measures are appropriate for consideration 

7 as formula apportionment factors. 

8 (D) The results of the CMAQ formula mod9 ernization study required under subsection (b). 

10 (E) Inclusion of the Commonwealth of 

11 Puerto Rico in the apportionment under sub12 sections (b) and (c) of section 104 of such title, 

13 including an estimate of the anticipated con14 tributions to the Highway Trust Fund from the 

15 citizens of Puerto Rico if Puerto Rico was sub16 ject to applicable highway user fees. 

17 (F) A needs-based assessment of the share of 

18 Federal-aid highway funds that should be made 

19 available to the territories described under sec20 tion 165(c) of such title. 

21 (G) Any other factors that the Secretary de22 termines are appropriate. 

23 (4) RECOMMENDATIONS.—The Secretary shall, 

24 in consultation with the State departments of trans25 portation and representatives of local governments 


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1 (including metropolitan planning organizations), de2 velop recommendations on a new apportionment 

3 method, including— 

4 (A) the factors recommended to be included 

5 in such apportionment method; 

6 (B) the weighting recommended to be ap7 plied to the factors under subparagraph (A); and 

8 (C) any other recommendations to ensure 

9 that the apportionment method best achieves an 

10 equitable distribution of funds described under 

11 paragraph (2)(A) and the goals described in 

12 paragraph (2)(B). 

13 (b) CMAQ FORMULA MODERNIZATION STUDY.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this Act, the Secretary of 

16 Transportation, in consultation with the Adminis17 trator of the Environmental Protection Agency, shall 

18 conduct an CMAQ formula modernization study to 

19 assess whether the apportionment method under sec20 tion 104(b)(4) of title 23, United States Code, results 

21 in a distribution of funds that best achieves the air 

22 quality goals of section 149 of such title. 

23 (2) CONSIDERATIONS.—In providing consulta24 tion under this subsection, the Administrator of the 


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1 Environmental Protection Agency shall provide to the 

2 Secretary an analysis of— 

3 (A) factors that contribute to the apportion4 ment, including population, types of pollutants, 

5 and severity of pollutants, as such factors were 

6 determined on the date prior to the date of enact7 ment of MAP–21; 

8 (B) the weighting of the factors listed under 

9 subparagraph (A); and 

10 (C) the recency of the data used in making 

11 the apportionment under section 104(b)(4) of 

12 title 23, United States Code. 

13 (3) RECOMMENDATIONS.—If, in conducting the 

14 study under this subsection, the Secretary finds that 

15 modifying the apportionment method under section 

16 104(b)(4) of title 23, United States Code, would best 

17 achieve the air quality goals of section 149 of title 23, 

18 United States Code, the Secretary shall, in consulta19 tion with the Administrator, include in such study 

20 recommendations for a new apportionment method, 

21 including— 

22 (A) the factors recommended to be included 

23 in such apportionment method; 

24 (B) the weighting recommended to be ap25 plied to the factors under subparagraph (A); and 


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1 (C) any other recommendations to ensure 

2 that the apportionment method best achieves the 

3 air quality goals section 149 of such title. 

4 (c) REPORT.—No later than 2 years after the date of 

5 enactment of this Act, the Secretary shall submit to the 

6 Committee on Transportation and Infrastructure of the 

7 House of Representatives and the Committee on Environ8 ment and Public Works of the Senate a report containing 

9 the results of the highway formula modernization study and 

10 the CMAQ formula modernization study. 

11 SEC. 1607. CONSOLIDATION OF PROGRAMS. 

12 Section 1519 of MAP–21 (Public Law 112–141) is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘fiscal years 2016 through 

16 2020’’ and inserting ‘‘fiscal years 2023 through 

17 2026’’; and 

18 (B) by striking ‘‘$3,500,000’’ and inserting 

19 ‘‘$4,000,000’’; 

20 (2) by redesignating subsections (b) and (c) as 

21 subsections (c) and (d), respectively; and 

22 (3) by inserting after subsection (a) the fol23 lowing: 


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1 ‘‘(b) FEDERAL SHARE.—The Federal share of the cost 

2 of a project or activity carried out under subsection (a) 

3 shall be 100 percent.’’. 

4 SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS. 

5 (a) REPORT.—Not later than 180 days after the date 

6 of enactment of this Act, the Secretary of Transportation 

7 shall submit to the Committee on Transportation and In8 frastructure of the House of Representatives and the Com9 mittee on Environment and Public Works of the Senate a 

10 report that describes the efforts of the Department of Trans11 portation to encourage elementary, secondary, and post-sec12 ondary students to pursue careers in the surface transpor13 tation sector. 

14 (b) CONTENTS.—The report required under subsection 

15 (a) shall include— 

16 (1) a description of efforts to increase awareness 

17 of careers related to surface transportation among ele18 mentary, secondary, and post-secondary students; 

19 (2) a description of efforts to prepare and in20 spire such students for surface transportation careers; 

21 (3) a description of efforts to support the devel22 opment of a diverse, well-qualified workforce for fu23 ture surface transportation needs; and 

24 (4) the effectiveness of the efforts described in 

25 paragraphs (1) through (3). 


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1 SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY 

2 SURFACE TRANSPORTATION WORKFORCE. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of enactment of this Act, the Secretary of Transpor5 tation shall establish a task force on developing a 21st cen6 tury surface transportation workforce (in this section re7 ferred to as the ‘‘Task Force’’). 

8 (b) DUTIES.—Not later than 12 months after the estab9 lishment of the Task Force under subsection (a), the Task 

10 Force shall develop and submit to the Secretary rec11 ommendations and strategies for the Department of Trans12 portation to— 

13 (1) evaluate the current and future state of the 

14 surface transportation workforce, including projected 

15 job needs in the surface transportation sector; 

16 (2) identify factors influencing individuals pur17 suing careers in surface transportation, including 

18 barriers to attracting individuals into the workforce; 

19 (3) address barriers to retaining individuals in 

20 surface transportation careers; 

21 (4) identify and address potential impacts of 

22 emerging technologies on the surface transportation 

23 workforce; 

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1 ties, to high-skill, in-demand surface transportation 

2 careers; 

3 (6) facilitate and encourage elementary, sec4 ondary, and post-secondary students in the United 

5 States to pursue careers in the surface transportation 

6 sector; and 

7 (7) identify and develop pathways for students 

8 and individuals to secure pre-apprenticeships, reg9 istered apprenticeships, and other work-based learn10 ing opportunities in the surface transportation sector 

11 of the United States. 

12 (c) CONSIDERATIONS.—In developing recommenda13 tions and strategies under subsection (b), the Task Force 

14 shall— 

15 (1) identify factors that influence whether young 

16 people pursue careers in surface transportation, espe17 cially traditionally underrepresented populations, in18 cluding women and minorities; 

19 (2) consider how the Department, businesses, in20 dustry, labor, educators, and other stakeholders can 

21 coordinate efforts to support qualified individuals in 

22 pursuing careers in the surface transportation sector; 

23 (3) identify methods of enhancing surface trans24 portation pre-apprenticeships and registered appren25 ticeships, job skills training, mentorship, education, 


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1 and outreach programs that are exclusive to youth in 

2 the United States; and 

3 (4) identify potential sources of funding, includ4 ing grants and scholarships, that may be used to sup5 port youth and other qualified individuals in pur6 suing careers in the surface transportation sector. 

7 (d) CONSULTATION.—In developing the recommenda8 tions and strategies required under subsection (b), the Task 

9 Force may consult with— 

10 (1) local educational agencies and institutes of 

11 higher education, including community colleges and 

12 vocational schools; and 

13 (2) State workforce development boards. 

14 (e) REPORT.—Not later than 60 days after the submis15 sion of the recommendations and strategies under subsection 

16 (b), the Secretary shall submit to the Committee on Trans17 portation and Infrastructure of the House of Representa18 tives and the Committee on Environment and Public Works 

19 of the Senate a report containing such recommendations 

20 and strategies. 

21 (f) COMPOSITION OF TASK FORCE.—The Secretary 

22 shall appoint members to the Task Force whose diverse 

23 background and expertise allow such members to contribute 

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1 tion, comprised of equal representation from each of the fol2 lowing: 

3 (1) Industries in the surface transportation sec4 tor. 

5 (2) Surface transportation sector labor organiza6 tions. 

7 (3) Such other surface transportation stake8 holders and experts as the Secretary considers appro9 priate. 

10 (g) PERIOD OF APPOINTMENT.—Members shall be ap11 pointed to the Task Force for the duration of the existence 

12 of the Task Force. 

13 (h) COMPENSATION.—Task Force members shall serve 

14 without compensation. 

15 (i) SUNSET.—The Task Force shall terminate upon the 

16 submission of the report required under subsection (e). 

17 (j) DEFINITIONS.—In this section: 

18 (1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap19 prenticeship’’ means a training model or program 

20 that prepares individuals for acceptance into a reg21 istered apprenticeship and has a demonstrated part22 nership with one or more registered apprenticeships. 

23 (2) REGISTERED APPRENTICESHIP.—The term 

24 ‘‘registered apprenticeship’’ means an apprenticeship 

25 program registered under the Act of August 16, 1937 


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1 (29 U.S.C. 50 et seq.; commonly known as the ‘‘Na2 tional Apprenticeship Act’’), that satisfies the require3 ments of parts 29 and 30 of title 29, Code of Federal 

4 Regulations (as in effect on January 1, 2020). 

5 SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERV6 ICES. 

7 Section 140(b) of title 23, United States Code, is 

8 amended to read as follows: 

9 ‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 

10 ‘‘(1) IN GENERAL.—The Secretary, in coopera11 tion with the Secretary of Labor and any other de12 partment or agency of the Government, State agency, 

13 authority, association, institution, Indian Tribe or 

14 Tribal organization, corporation (profit or nonprofit), 

15 or any other organization or person, is authorized to 

16 develop, conduct, and administer surface transpor17 tation and technology training, including skill im18 provement programs, and to develop and fund sum19 mer transportation institutes. 

20 ‘‘(2) STATE RESPONSIBILITIES.—A State depart21 ment of transportation participating in the program 

22 under this subsection shall— 

23 ‘‘(A) develop an annual workforce plan that 

24 identifies immediate and anticipated workforce 

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1 norities and a detailed plan to fill such gaps and 

2 address such underrepresentation; 

3 ‘‘(B) establish an annual workforce develop4 ment compact with the State workforce develop5 ment board and appropriate agencies to provide 

6 a coordinated approach to workforce training, 

7 job placement, and identification of training and 

8 skill development program needs, which shall be 

9 coordinated to the extent practical with an insti10 tution or agency, such as a State workforce de11 velopment board under section 101 of the Work12 force Innovation and Opportunities Act (29 

13 U.S.C. 3111), that has established skills training, 

14 recruitment, and placement resources; and 

15 ‘‘(C) demonstrate program outcomes, in16 cluding— 

17 ‘‘(i) impact on areas with transpor18 tation workforce shortages; 

19 ‘‘(ii) diversity of training participants; 

20 ‘‘(iii) number and percentage of par21 ticipants obtaining certifications or creden22 tials required for specific types of employ23 ment; 

24 ‘‘(iv) employment outcome, including 

25 job placement and job retention rates and 


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1 earnings, using performance metrics estab2 lished in consultation with the Secretary of 

3 Labor and consistent with metrics used by 

4 programs under the Workforce Innovation 

5 and Opportunity Act (29 U.S.C. 3101 et 

6 seq.); and 

7 ‘‘(v) to the extent practical, evidence 

8 that the program did not preclude workers 

9 that participate in training or registered 

10 apprenticeship activities under the program 

11 from being referred to, or hired on, projects 

12 funded under this chapter. 

13 ‘‘(3) FUNDING.—From administrative funds 

14 made available under section 104(a), the Secretary 

15 shall deduct such sums as necessary, not to exceed 

16 $10,000,000 in each fiscal year, for the administra17 tion of this subsection. Such sums shall remain avail18 able until expended. 

19 ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub20 sections (b) through (d) of section 6101 of title 41 

21 shall not apply to contracts and agreements made 

22 under the authority granted to the Secretary under 

23 this subsection. 

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1 GRAM FUNDS.—Notwithstanding any other provision 

of law, not to exceed 1 2 ⁄2 of 1 percent of funds appor3 tioned to a State under paragraph (1) or (2) of sec4 tion 104(b) may be available to carry out this sub5 section upon request of the State transportation de6 partment to the Secretary.’’. 

7 SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM 

8 FUNDING FLEXIBILITY. 

9 (a) IN GENERAL.—Any funds made available to a 

10 State for the Appalachian development highway system 

11 program under subtitle IV of title 40, United States Code, 

12 before the date of enactment of this Act may be used, at 

13 the request of such State to the Secretary of Transportation, 

14 for the purposes described in section 133(b) of title 23, 

15 United States Code. 

16 (b) LIMITATION.—The authority in subsection (a) may 

17 only be used by an Appalachian development highway sys18 tem State if all of the Appalachian development highway 

19 system corridors authorized by subtitle IV of title 40, 

20 United States Code, in such State, have been fully completed 

21 and are open to traffic prior to the State making a request 

22 to the Secretary as described in subsection (a). 


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1 SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT 

2 PROGRAM. 

3 Section 504 of title 23, United States Code, is amend4 ed— 

5 (1) in subsection (e)(1) by inserting ‘‘and (8) 

6 through (9)’’ after ‘‘paragraphs (1) through (4)’’; and 

7 (2) in subsection (f) by adding at the end the fol8 lowing: 

9 ‘‘(4) REPORTS.—The Secretary shall submit to 

10 the Committee on Transportation and Infrastructure 

11 of the House of Representatives and the Committee on 

12 Commerce, Science, and Transportation of the Senate 

13 an annual report that includes— 

14 ‘‘(A) a list of all grant recipients under this 

15 subsection; 

16 ‘‘(B) an explanation of why each recipient 

17 was chosen in accordance with the criteria under 

18 paragraph (2); 

19 ‘‘(C) a summary of each recipient’s objective 

20 to carry out the purpose described in paragraph 

21 (1) and an analysis of progress made toward 

22 achieving each such objective; 

23 ‘‘(D) an accounting for the use of Federal 

24 funds obligated or expended in carrying out this 

25 subsection; and 


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1 ‘‘(E) an analysis of outcomes of the pro2 gram under this subsection.’’. 

3 SEC. 1613. WORKING GROUP ON CONSTRUCTION RE4 SOURCES. 

5 (a) ESTABLISHMENT.—Not later than 120 days after 

6 the date of enactment of this Act, the Secretary of Transpor7 tation shall establish a working group (in this section re8 ferred to as the ‘‘Working Group’’) to conduct a study on 

9 access to covered resources for infrastructure projects. 

10 (b) MEMBERSHIP.— 

11 (1) APPOINTMENT.—The Secretary shall appoint 

12 to the Working Group individuals with knowledge 

13 and expertise in the production and transportation of 

14 covered resources. 

15 (2) REPRESENTATION.—The Working Group 

16 shall include at least one representative of each of the 

17 following: 

18 (A) State departments of transportation. 

19 (B) State agencies associated with covered 

20 resources protection. 

21 (C) State planning and geologic survey and 

22 mapping agencies. 

23 (D) Commercial motor vehicle operators, in24 cluding small business operators and operators 

25 who transport covered resources. 


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1 (E) Covered resources producers. 

2 (F) Construction contractors. 

3 (G) Labor organizations. 

4 (H) Metropolitan planning organizations 

5 and regional planning organizations. 

6 (I) Indian Tribes. 

7 (J) Professional surveying, mapping, and 

8 geospatial organizations. 

9 (K) Any other stakeholders that the Sec10 retary determines appropriate. 

11 (3) TERMINATION.—The Working Group shall 

12 terminate 6 months after the date on which the Sec13 retary receives the report under subsection (e)(1). 

14 (c) DUTIES.—In carrying out the study required 

15 under subsection (a), the Working Group shall analyze— 

16 (1) the use of covered resources in transportation 

17 projects funded with Federal dollars; 

18 (2) how the proximity of covered resources to 

19 such projects affects the cost and environmental im20 pact of such projects; 

21 (3) whether and how State, Tribal, and local 

22 transportation and planning agencies consider cov23 ered resources when developing transportation 

24 projects; and 


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1 (4) any challenges for transportation project 

2 sponsors regarding access and proximity to covered 

3 resources. 

4 (d) CONSULTATION.—In carrying out the study re5 quired under subsection (a), the Working Group shall con6 sult with, as appropriate— 

7 (1) chief executive officers of States; 

8 (2) State and local transportation planning 

9 agencies; 

10 (3) Indian Tribes; 

11 (4) other relevant State, Tribal, and local agen12 cies, including State agencies associated with covered 

13 resources protection; 

14 (5) members of the public with industry experi15 ence with respect to covered resources; 

16 (6) other Federal entities that provide funding 

17 for transportation projects; and 

18 (7) any other stakeholder the Working Group de19 termines appropriate. 

20 (e) REPORTS.— 

21 (1) WORKING GROUP REPORT.—Not later than 2 

22 years after the date on which the Working Group is 

23 established, the Working Group shall submit to the 

24 Secretary a report that includes— 


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1 (A) the findings of the study required under 

2 subsection (a), including a summary of com3 ments received during the consultation process 

4 under subsection (d); and 

5 (B) any recommendations to preserve access 

6 to and reduce the costs and environmental im7 pacts of covered resources for infrastructure 

8 projects. 

9 (2) DEPARTMENTAL REPORT.—Not later than 3 

10 months after the date on which the Secretary receives 

11 the report under paragraph (1), the Secretary shall 

12 submit to the Committee on Transportation and In13 frastructure of the House of Representatives and the 

14 Committee on Environment and Public Works of the 

15 Senate a summary of the findings under such report 

16 and any recommendations, as appropriate. 

17 (f) DEFINITIONS.—In this section: 

18 (1) COVERED RESOURCES.—The term ‘‘covered 

19 resources’’ means common variety materials used in 

20 transportation infrastructure construction and main21 tenance, including stone, sand, and gravel. 

22 (2) STATE.—The term ‘‘State’’ means each of the 

23 several States, the District of Columbia, and each ter24 ritory or possession of the United States. 


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1 SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTER2 CHANGES. 

3 (a) IN GENERAL.—Notwithstanding section 315 of title 

4 23, United States Code, and section 1.36 of title 23, Code 

5 of Federal Regulations, the Secretary of Transportation 

6 may not impose a penalty on a State that does not comply 

7 with section 2E.31 of the Manual on Uniform Traffic Con8 trol Devices (or a successor section) with respect to the num9 bering of highway interchanges. 

10 (b) APPLICABILITY.—Subsection (a) shall only apply 

11 to a method of numbering of a highway interchange in effect 

12 on the date of enactment of this Act. 

13 SEC. 1615. TOLL CREDITS. 

14 (a) PURPOSES.—The Secretary of Transportation 

15 shall— 

16 (1) identify the extent of the demand to purchase 

17 toll credits; 

18 (2) identify the expected cash price of toll credits; 

19 (3) analyze the impact of the exchange of toll 

20 credits on transportation expenditures; and 

21 (4) identify any other repercussions of estab22 lishing a toll credit exchange. 

23 (b) SOLICITATION.—To carry out the requirements of 

24 this section, the Secretary shall solicit information from 

25 States eligible to use a credit under section 120(i) of title 

26 23, United States Code, including— 


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1 (1) the amount of unused toll credits, includ2 ing— 

3 (A) toll revenue generated and the sources of 

4 that revenue; 

5 (B) toll revenue used by public, quasi-pub6 lic, and private agencies to build, improve, or 

7 maintain highways, bridges, or tunnels that 

8 serve the public purpose of interstate commerce; 

9 and 

10 (C) an accounting of any Federal funds 

11 used by the public, quasi-public, or private agen12 cy to build, improve, or maintain the toll facil13 ity, to validate that the credit has been reduced 

14 by a percentage equal to the percentage of the 

15 total cost of building, improving, or maintaining 

16 the facility that was derived from Federal funds; 

17 (2) the documentation of maintenance of effort 

18 for toll credits earned by the State; and 

19 (3) the accuracy of the accounting system of the 

20 State to earn and track toll credits. 

21 (c) WEBSITE.—The Secretary shall make available a 

22 publicly accessible website on which a State eligible to use 

23 a credit under section 120(i) of title 23, United States Code 

24 shall publish the information described under subsection 

25 (b)(1). 


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1 (d) EVALUATION AND RECOMMENDATIONS TO CON2 GRESS.—Not later than 2 years after the date of enactment 

3 of this Act, the Secretary shall provide to the Committee 

4 on Transportation and Infrastructure of the House of Rep5 resentatives and the Committee on Environment and Public 

6 Works of the Senate, and make publicly available on the 

7 website of the Department of Transportation— 

8 (1) an evaluation of the accuracy of the account9 ing and documentation of toll credits earned under 

10 section 120(i); 

11 (2) a determination whether a toll credit market12 place is viable and cost effective; 

13 (3) estimates, to the extent possible, of the aver14 age sale price of toll credits; and 

15 (4) recommendations on any modifications nec16 essary, including legislative changes, to establish and 

17 implement a toll credit exchange program. 

18 (e) DEFINITION.—In this section, the term ‘‘State’’ has 

19 the meaning given the term in section 101(a) of title 23, 

20 United States Code. 

21 SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS 

22 PROCUREMENT. 

23 (a) ESTABLISHMENT.—Not later than 180 days after 

24 the date of enactment of this Act, the Secretary of Transpor25 tation shall initiate a review of the procurement processes 


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1 used by State departments of transportation to select con2 struction materials on projects utilizing Federal-aid high3 way funds. 

4 (b) CONTENTS.—The review under subsection (a) shall 

5 include— 

6 (1) a review of competitive practices in the bid7 ding process for transportation construction mate8 rials; 

9 (2) a list of States that currently issue bids that 

10 include flexibility in the type of construction mate11 rials used to meet the project specifications; 

12 (3) any information provided by States on con13 siderations that influence the decision to include com14 petition by type of material in transportation con15 struction projects; 

16 (4) any data on whether issuing bids that in17 clude flexibility in the type of construction materials 

18 used to meet the project specifications will affect 

19 project costs over the lifecycle of an asset; 

20 (5) any data on the degree to which competition 

21 leads to greater use of sustainable, innovative, or re22 silient materials; and 

23 (6) an evaluation of any barriers to more wide24 spread use of competitive bidding processes for trans25 portation construction materials. 


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1 (c) REPORT.—Not later than 18 months after the date 

2 of enactment of this Act, the Secretary shall submit to the 

3 Committee on Transportation and Infrastructure of the 

4 House of Representatives and the Committee on Environ5 ment and Public Works of the Senate, and make publicly 

6 available, a report on the review initiated by the Secretary 

7 pursuant to this section. 

8 SEC. 1617. NATIONWIDE ROAD SAFETY ASSESSMENT. 

9 (a) IN GENERAL.—The Secretary of Transportation 

10 shall, every 2 years, conduct nationwide, on-the-ground 

11 road safety assessments focused on pedestrian and bicycle 

12 safety in each State. 

13 (b) REQUIREMENTS.—The assessments required under 

14 subsection (a) shall be conducted— 

15 (1) by Department of Transportation field offices 

16 from the Federal Highway Administration, the Na17 tional Highway Transportation Safety Administra18 tion, the Federal Transit Administration, and the 

19 Federal Motor Carrier Safety Administration; and 

20 (2) in consultation with— 

21 (A) State and local agencies with jurisdic22 tion over pedestrian and bicycle safety; 

23 (B) pedestrian safety and bicycle safety ad24 vocacy organizations; and 


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1 (C) other relevant pedestrian and bicycle 

2 safety stakeholders. 

3 (c) PURPOSES.—The purpose of the assessments under 

4 this section is to— 

5 (1) identify and examine specific locations with 

6 documented or perceived problems with pedestrian 

7 and bicycle safety and access; 

8 (2) examine barriers to providing safe pedestrian 

9 and bicycle access to transportation infrastructure; 

10 and 

11 (3) develop and issue recommendations designed 

12 to effectively address specific safety and access issues 

13 and enhance pedestrian and bicycle safety in high 

14 risk areas. 

15 (d) REPORT ON STATE ASSESSMENTS.—Upon comple16 tion of the assessment of a State, the Secretary shall issue, 

17 and make available to the public, a report containing the 

18 assessment that includes— 

19 (1) a list of locations that have been assessed as 

20 presenting a danger to pedestrians or bicyclists; and 

21 (2) recommendations to enhance pedestrian and 

22 bicycle safety in those locations. 

23 (e) REPORT ON NATIONWIDE PROGRAM.—Upon com24 pletion of the biannual assessment nationwide required 

25 under this section, the Secretary shall issue, and make 


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1 available to the public, that covers assessments for all juris2 dictions and also present it to the congressional transpor3 tation committees. 

4 (f) NATIONAL PEDESTRIAN AND BICYCLE SAFETY

5 DATABASE.—The Secretary, in order to enhance pedestrian 

6 and bicycle safety and improve information sharing on pe7 destrian and bicycle safety challenges between the Federal 

8 Government and State and local governments, shall main9 tain a national pedestrian and bicycle safety database that 

10 includes— 

11 (1) a list of high-risk intersections, roads, and 

12 highways with a documented history of pedestrian or 

13 bicycle accidents or fatalities and details regarding 

14 those incidents; and 

15 (2) information on corrective measures that have 

16 been implemented at the State, local, or Federal level 

17 to enhance pedestrian and bicyclist safety at those 

18 high risk areas, including details on the nature and 

19 date of corrective action. 

20 (g) STATE DEFINED.—In this section, the term 

21 ‘‘State’’ means each of the States, the District of Columbia, 

22 and Puerto Rico. 


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1 SEC. 1618. CLIMATE RESILIENT TRANSPORTATION INFRA2 STRUCTURE STUDY. 

3 (a) CLIMATE RESILIENT TRANSPORTATION INFRA4 STRUCTURE STUDY.—Not later than 180 days after the date 

5 of enactment of this Act, the Secretary of Transportation 

6 shall seek to enter into an agreement with the Transpor7 tation Research Board of the National Academies to conduct 

8 a study of the actions needed to ensure that Federal agencies 

9 are taking into account current and future climate condi10 tions in planning, designing, building, operating, main11 taining, investing in, and upgrading any federally funded 

12 transportation infrastructure investments. 

13 (b) METHODOLOGIES.—In conducting the study, the 

14 Transportation Research Board shall build on the meth15 odologies examined and recommended in— 

16 (1) the 2018 report issued the American Society 

17 of Civil Engineers, titled ‘‘Climate-Resilient Infra18 structure: Adaptive Design and Risk Management’’; 

19 and 

20 (2) the report issued by the California Climate21 Safe Infrastructure Working Group, titled ‘‘Paying it 

22 Forward: The Path Toward Climate-Safe Infrastruc23 ture in California’’. 

24 (c) CONTENTS OF STUDY.—The study shall include 

25 specific recommendations regarding the following: 


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1 (1) Integrating scientific knowledge of projected 

2 climate change impacts, and other relevant data and 

3 information, into Federal infrastructure planning, 

4 design, engineering, construction, operation and 

5 maintenance. 

6 (2) Addressing critical information gaps and 

7 challenges. 

8 (3) Financing options to help fund climate-resil9 ient infrastructure. 

10 (4) A platform or process to facilitate commu11 nication between climate scientists and other experts 

12 with infrastructure planners, engineers and other rel13 evant experts. 

14 (5) A stakeholder process to engage with rep15 resentatives of State, local, tribal and community 

16 groups. 

17 (6) A platform for tracking Federal funding of 

18 climate-resilient infrastructure. 

19 (7) Labor and workforce needs to implement cli20 mate-resilient transportation infrastructure projects 

21 including new and emerging skills, training pro22 grams, competencies and recognized postsecondary 

23 credentials that may be required to adequately equip 

24 the workforce. 


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1 (8) Outlining how Federal infrastructure plan2 ning, design, engineering, construction, operation, 

3 and maintenance impact the environment and public 

4 health of disproportionately exposed communities. For 

5 purposes of this paragraph, the term ‘‘disproportion6 ately exposed communities’’ means a community in 

7 which climate change, pollution, or environmental de8 struction have exacerbated systemic racial, regional, 

9 social, environmental, and economic injustices by dis10 proportionately affecting indigenous peoples, commu11 nities of color, migrant communities, deindustrialized 

12 communities, depopulated rural communities, the 

13 poor, low-income workers, women, the elderly, people 

14 experiencing homelessness, people with disabilities, 

15 people who are incarcerated, or youth. 

16 (d) CONSIDERATIONS.—In carrying out the study, the 

17 Transportation Research Board shall determine the need for 

18 information related to climate resilient transportation in19 frastructure by considering— 

20 (1) the current informational and institutional 

21 barriers to integrating projected infrastructure risks 

22 posed by climate change into federal infrastructure 

23 planning, design, engineering, construction, operation 

24 and maintenance; 


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1 (2) the critical information needed by engineers, 

2 planners and those charged with infrastructure up3 grades and maintenance to better incorporate climate 

4 change risks and impacts over the lifetime of projects; 

5 (3) how to select an appropriate, adaptive engi6 neering design for a range of future climate scenarios 

7 as related to infrastructure planning and investment; 

8 (4) how to incentivize and incorporate systems 

9 thinking into engineering design to maximize the ben10 efits of multiple natural functions and emissions re11 duction, as well as regional planning; 

12 (5) how to take account of the risks of cascading 

13 infrastructure failures and develop more holistic ap14 proaches to evaluating and mitigating climate risks; 

15 (6) how to ensure that investments in infrastruc16 ture resilience benefit all communities, including com17 munities of color, low-income communities and In18 dian Tribes that face a disproportionate risk from cli19 mate change and in many cases have experienced 

20 long-standing unmet needs and underinvestment in 

21 critical infrastructure; 

22 (7) how to incorporate capital assessment and 

23 planning training and techniques, including a range 

24 of financing options to help local and State govern25 ments plan for and provide matching funds; 


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1 (8) how federal agencies can track and monitor 

2 federally funded resilient infrastructure in a coordi3 nated fashion to help build the understanding of the 

4 cost-benefit of resilient infrastructure and to build the 

5 capacity for implementing resilient infrastructure; 

6 and 

7 (9) the occupations, skillsets, training programs, 

8 competencies and recognized postsecondary credentials 

9 that will be needed to implement such climate-resil10 ient transportation infrastructure projects, and how 

11 to ensure that any new jobs created by such projects 

12 ensure that priority hiring considerations are given 

13 to individuals facing barriers to employment, commu14 nities of color, low-income communities and Indian 

15 Tribes that face a disproportionate risk from climate 

16 change and have been excluded from job opportunities. 

17 (e) CONSULTATION.—In carrying out the study, the 

18 Transportation Research Board— 

19 (1) shall convene and consult with a panel of na20 tional experts, including operators and users of Fed21 eral transportation infrastructure and private sector 

22 stakeholders; and 

23 (2) is encouraged to consult with— 


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1 (A) representatives from the thirteen federal 

2 agencies that comprise the United States Global 

3 Change Research Program; 

4 (B) representatives from the Department of 

5 the Treasury; 

6 (C) professional engineers with relevant ex7 pertise in infrastructure design; 

8 (D) scientists from the National Academies 

9 with relevant expertise; 

10 (E) scientists, social scientists and experts 

11 from academic and research institutions who 

12 have expertise in climate change projections and 

13 impacts; engineering; architecture; or other rel14 evant areas of expertise; 

15 (F) licensed architects with relevant experi16 ence in infrastructure design; 

17 (G) certified planners; 

18 (H) representatives of State and local gov19 ernments and Indian Tribes; 

20 (I) representatives of environmental justice 

21 groups; and 

22 (J) representatives of labor unions that rep23 resent key trades and industries involved in in24 frastructure projects. 


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1 (f) REPORT.—Not later than 3 years after the date of 

2 enactment of this Act, the Transportation Research Board 

3 shall submit to the Secretary, the Committee on Transpor4 tation and Infrastructure of the House of Representatives, 

5 and the Committee on Environment and Public Works of 

6 the Senate a report on the results of the study conducted 

7 under this section. 

8 SEC. 1619. NATURAL GAS, ELECTRIC BATTERY, AND ZERO 

9 EMISSION VEHICLES. 

10 Subsection (s) of section 127 of title 23, United States 

11 Code is amended to read as follows: 

12 ‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND ZERO

13 EMISSION VEHICLES.—A vehicle, if operated by an engine 

14 fueled primarily by natural gas, powered primarily by 

15 means of electric battery power, or fueled primarily by 

16 means of other zero emission fuel technologies, may exceed 

17 the weight limit on the power unit by up to 2,000 pounds 

18 (up to a maximum gross vehicle weight of 82,000 pounds) 

19 under this section.’’. 

20 SEC. 1620. GUIDANCE ON EVACUATION ROUTES. 

21 (a) IN GENERAL.— 

22 (1) GUIDANCE.—The Administrator of the Fed23 eral Highway Administration, in coordination with 

24 the Administrator of the Federal Emergency Manage25 ment Agency, and consistent with guidance issued by 


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1 the Federal Emergency Management Agency pursuant 

2 to section 1209 of the Disaster Recovery Reform Act 

3 of 2018 (Public Law 115–254), shall revise existing 

4 guidance or issue new guidance as appropriate for 

5 State and local governments and Indian Tribes re6 garding the design, construction, maintenance, ret7 rofit, and repair of evacuation routes. 

8 (2) CONSIDERATIONS.—In revising or issuing 

9 guidance under subsection (a)(1), the Administrator 

10 of the Federal Highway Administration shall con11 sider— 

12 (A) methods that assist evacuation routes 

13 to— 

14 (i) withstand the effects of hydrostatic 

15 and hydrodynamic forces on viability, in16 cluding recommendations regarding appro17 priate drainage structures or other flood 

18 prevention mechanisms to manage 

19 stormwater, runoff, and the effect of storm 

20 surge; 

21 (ii) withstand the risks that flamma22 bility poses to viability; 

23 (iii) improve durability, strength (in24 cluding the ability to withstand tensile 


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1 stresses and compressive stresses), and sus2 tainability; and 

3 (iv) provide for long-term cost savings; 

4 (B) the ability of evacuation routes to effec5 tively manage contraflow operations; 

6 (C) for evacuation routes on public lands, 

7 the viewpoints of the applicable Federal land 

8 management agency regarding emergency oper9 ations, sustainability, and resource protection; 

10 and 

11 (D) such other items the Administrator of 

12 the Federal Highway Administration considers 

13 appropriate. 

14 (3) REPORT.—In the case in which the Adminis15 trator of the Federal Highway Administration, in 

16 consultation with the Administrator of the Federal 

17 Emergency Management Agency, concludes existing 

18 guidance addresses the considerations in paragraph 

19 (2), The Administrator of the Federal Highway Ad20 ministration shall submit to the Committee on Trans21 portation and Infrastructure of the House of Rep22 resentatives and the Committee on Environment and 

23 Public Works of the Senate a detailed report describ24 ing how existing guidance addresses such consider25 ations. 


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1 (b) STUDY.— 

2 (1) IN GENERAL.—The Administrator of the Fed3 eral Highway Administration, in coordination with 

4 the Administrator of the Federal Emergency Manage5 ment Agency, shall study the vulnerability of evacu6 ation routes that are part of the national highway 

7 system to the risks of extreme weather, including 

8 flooding and storm surge. 

9 (2) CONTENTS.—In conducting the study under 

10 paragraph (1), the Administrator shall examine— 

11 (A) the likelihood of Federal evacuation 

12 routes flooding during a 100-year, 500-year, and 

13 1000-year weather event; 

14 (B) whether Federal evacuation routes that 

15 have historically flooded have recovered quickly 

16 from extreme weather events; 

17 (C) the availability of alternative evacu18 ation routes to accommodate the flow of evacuees 

19 in the event of an evacuation route becoming im20 passable due to flooding; and 

21 (D) the impact of impassable evacuation 

22 routes on vulnerable individuals, with consider23 ation of the return of evacuees after an extreme 

24 weather event, including— 


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1 (i) individuals with a physical or men2 tal disability; 

3 (ii) individuals in schools, daycare 

4 centers, mobile home parks, prisons, nursing 

5 homes, and other long-term care facilities 

6 and detention centers; 

7 (iii) individuals with limited pro8 ficiency in English; 

9 (iv) the elderly; and 

10 (v) individuals who are tourists, sea11 sonal workers, or homeless. 

12 (3) REPORT.—Not later than 1 year after the 

13 date of enactment of this Act, the Administrator shall 

14 submit to the Committee on Transportation and In15 frastructure of the House of Representatives and the 

16 Committee on Commerce, Science, and Transpor17 tation of the Senate a report summarizing the study 

18 and the results of such study, including identifying 

19 which segments of Federal evacuation routes are most 

20 vulnerable to becoming impassable due to flooding. 

21 SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL HIGH22 WAY SYSTEM. 

23 (a) IDENTIFICATION.— 


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1 (1) CENTRAL TEXAS CORRIDOR.—Section 

2 1105(c)(84) of the Intermodal Surface Transportation 

3 Efficiency Act of 1991 is amended to read as follows: 

4 ‘‘(84) The Central Texas Corridor, including the 

5 route— 

6 ‘‘(A) commencing in the vicinity of Texas 

7 Highway 338 in Odessa, Texas, running east8 ward generally following Interstate Route 20, 

9 connecting to Texas Highway 158 in the vicinity 

10 of Midland, Texas, then following Texas High11 way 158 eastward to United States Route 87 

12 and then following United States Route 87 

13 southeastward, passing in the vicinity of San 

14 Angelo, Texas, and connecting to United States 

15 Route 190 in the vicinity of Brady, Texas; 

16 ‘‘(B) commencing at the intersection of 

17 Interstate Route 10 and United States Route 190 

18 in Pecos County, Texas, and following United 

19 States Route 190 to Brady, Texas; 

20 ‘‘(C) following portions of United States 

21 Route 190 eastward, passing in the vicinity of 

22 Fort Hood, Killeen, Belton, Temple, Bryan, Col23 lege Station, Huntsville, Livingston, Woodville, 

24 and Jasper, to the logical terminus of Texas 

25 Highway 63 at the Sabine River Bridge at 


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1 Burrs Crossing and including a loop generally 

2 encircling Bryan/College Station, Texas; 

3 ‘‘(D) following United States Route 83 

4 southward from the vicinity of Eden, Texas, to 

5 a logical connection to Interstate Route 10 at 

6 Junction, Texas; 

7 ‘‘(E) following United States Route 69 from 

8 Interstate Route 10 in Beaumont, Texas, north 

9 to United States Route 190 in the vicinity of 

10 Woodville, Texas; 

11 ‘‘(F) following United States Route 96 from 

12 Interstate Route 10 in Beaumont, Texas, north 

13 to United States Route 190 in the vicinity of 

14 Jasper, Texas; and 

15 ‘‘(G) following United States Route 190, 

16 State Highway 305, and United States Route 

17 385 from Interstate Route 10 in Pecos County, 

18 Texas to Interstate 20 at Odessa, Texas.’’. 

19 (2) CENTRAL LOUISIANA CORRIDOR.—Section 

20 1105(c) of the Intermodal Surface Transportation Ef21 ficiency Act of 1991 is amended by adding at the end 

22 the following: 

23 ‘‘(91) The Central Louisiana Corridor com24 mencing at the logical terminus of Louisiana High25 way 8 at the Sabine River Bridge at Burrs Crossing 


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1 and generally following portions of Louisiana High2 way 8 to Leesville, Louisiana, and then eastward on 

3 Louisiana Highway 28, passing in the vicinity of Al4 exandria, Pineville, Walters, and Archie, to the log5 ical terminus of United States Route 84 at the Mis6 sissippi River Bridge at Vidalia, Louisiana.’’. 

7 (3) CENTRAL MISSISSIPPI CORRIDOR.—Section 

8 1105(c) of the Intermodal Surface Transportation Ef9 ficiency Act of 1991, as amended by this Act, is fur10 ther amended by adding at the end the following: 

11 ‘‘(92) The Central Mississippi Corridor, includ12 ing the route— 

13 ‘‘(A) commencing at the logical terminus of 

14 United States Route 84 at the Mississippi River 

15 and then generally following portions of United 

16 States Route 84 passing in the vicinity of Natch17 ez, Brookhaven, Monticello, Prentiss, and Collins, 

18 to Interstate 59 in the vicinity of Laurel, Mis19 sissippi, and continuing on Interstate Route 59 

20 north to Interstate Route 20 and on Interstate 

21 Route 20 to the Mississippi-Alabama State Bor22 der; and 

23 ‘‘(B) commencing in the vicinity of Laurel, 

24 Mississippi, running south on Interstate Route 

25 59 to United States Route 98 in the vicinity of 


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1 Hattiesburg, connecting to United States Route 

2 49 south then following United States Route 49 

3 south to Interstate Route 10 in the vicinity of 

4 Gulfport and following Mississippi Route 601 

5 southerly terminating near the Mississippi State 

6 Port at Gulfport.’’. 

7 (4) MIDDLE ALABAMA CORRIDOR.—Section 

8 1105(c) of the Intermodal Surface Transportation Ef9 ficiency Act of 1991, as amended by this Act, is fur10 ther amended by adding at the end the following: 

11 ‘‘(93) The Middle Alabama Corridor including 

12 the route— 

13 ‘‘(A) beginning at the Alabama-Mississippi 

14 Border generally following portions of I–20 until 

15 following a new interstate extension paralleling 

16 United States Highway 80 specifically: 

17 ‘‘(B) crossing Alabama Route 28 near 

18 Coatopa, Alabama, traveling eastward crossing 

19 United States Highway 43 and Alabama Route 

20 69 near Selma, Alabama, traveling eastwards 

21 closely paralleling United States Highway 80 to 

22 the south crossing over Alabama Routes 22, 41, 

23 and 21, until its intersection with I–65 near 

24 Hope Hull, Alabama; 


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1 ‘‘(C) continuing east along the proposed 

2 Montgomery Outer Loop south of Montgomery, 

3 Alabama where it would next join with I–85 east 

4 of Montgomery, Alabama; 

5 ‘‘(D) continuing along I–85 east bound 

6 until its intersection with United States High7 way 280 near Opelika, Alabama or United 

8 States Highway 80 near Tuskegee, Alabama; and 

9 ‘‘(E) generally following the most expedient 

10 route until intersecting with existing United 

11 States Highway 80 (JR Allen Parkway) through 

12 Phenix City until continuing into Columbus, 

13 Georgia.’’. 

14 (5) MIDDLE GEORGIA CORRIDOR.—Section 

15 1105(c) of the Intermodal Surface Transportation Ef16 ficiency Act of 1991, as amended by this Act, is fur17 ther amended by adding at the end the following: 

18 ‘‘(94) The Middle Georgia Corridor including the 

19 route— 

20 ‘‘(A) beginning at the Alabama-Georgia 

21 Border generally following the Fall Line Free22 way from Columbus Georgia to Augusta, Georgia 

23 specifically: 

24 ‘‘(B) travelling along United States Route 

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1 gia and near Fort Benning, Georgia, east to Tal2 bot County, Georgia where it would follow Geor3 gia Route 96, then commencing on Georgia 

4 Route 49C (Fort Valley Bypass) to Georgia 

5 Route 49 (Peach Parkway) to its intersection 

6 with Interstate route 75 in Byron, Georgia; 

7 ‘‘(C) continuing north along Interstate 

8 Route 75 through Warner Robins and Macon, 

9 Georgia where it would meet Interstate Route 16. 

10 Following Interstate 16 east it would next join 

11 United States Route 80 and then onto State 

12 Route 57; and 

13 ‘‘(D) commencing with State Route 57 

14 which turns into State Route 24 near 

15 Milledgeville, Georgia would then bypass Wrens, 

16 Georgia with a newly constructed bypass. After 

17 the bypass it would join United States Route 1 

18 near Fort Gordon into Augusta, Georgia where 

19 it will terminate at Interstate Route 520.’’. 

20 (6) LOUISIANA CAPITAL REGION.—Section 

21 1105(c) of the Intermodal Surface Transportation Ef22 ficiency Act of 1991, as amended by this Act, is fur23 ther amended by adding at the end the following: 

24 ‘‘(95) The Louisiana Capital Region High Pri25 ority Corridor, which shall generally follow— 


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1 ‘‘(A) Interstate 10, between its intersections 

2 with Interstate 12 and Louisiana Highway 415; 

3 ‘‘(B) Louisiana Highway 415, between its 

4 intersections with Interstate 10 and United 

5 States route 190; 

6 ‘‘(C) United States route 190, between its 

7 intersections with Louisiana Highway 415 and 

8 intersection with Interstate 110; 

9 ‘‘(D) Interstate 110, between its intersec10 tions with United States route 190 and Inter11 state 10; 

12 ‘‘(E) Louisiana Highway 30, near St. Ga13 briel, LA and its intersections with Interstate 10; 

14 ‘‘(F) Louisiana Highway 1, near White 

15 Castle, LA and its intersection with Interstate 

16 10; and 

17 ‘‘(G) A bridge connecting Louisiana High18 way 1 with Louisiana Highway 30, south of the 

19 Interstate described in subparagraph (A).’’. 

20 (b) INCLUSION OF CERTAIN SEGMENTS ON INTER21 STATE SYSTEM.—Section 1105(e)(5)(A) of the Intermodal 

22 Surface Transportation Efficiency Act of 1991 is amend23 ed— 


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1 (1) by inserting ‘‘subclauses (I) through (IX) of 

2 subsection (c)(38)(A)(i), subsection (c)(38)(A)(iv),’’ 

3 after ‘‘subsection (c)(37),’’; 

4 (2) by inserting ‘‘subsection (c)(84),’’ after ‘‘sub5 section (c)(83),’’; and 

6 (3) by striking ‘‘and subsection (c)(91)’’ and in7 serting ‘‘subsection (c)(91), subsection (c)(92), sub8 section (c)(93), subsection (c)(94), subsection (c)(95), 

9 and subsection (c)(96)’’. 

10 (c) DESIGNATION.—Section 1105(e)(5)(C) of the Inter11 modal Surface Transportation Efficiency Act of 1991 is 

12 amended by striking ‘‘The route referred to in subsection 

13 (c)(84) is designated as Interstate Route I–14.’’ and insert14 ing ‘‘The route referred to in subsection (c)(84)(A) is des15 ignated as Interstate Route I–14 North. The route referred 

16 to in subsection (c)(84)(B) is designated as Interstate Route 

17 I–14 South. The Bryan/College Station, Texas loop referred 

18 to in subsection (c)(84) is designated as Interstate Route 

19 I–214. The routes referred to in subparagraphs (C), (D), 

20 (E), (F), and (G) of subsection (c)(84) and in subsections 

21 (c)(91), (c)(92), (c)(93), and (c)(94) are designated as Inter22 state Route I–14.’’. 


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1 SEC. 1622. GUIDANCE ON INUNDATED AND SUBMERGED 

2 ROADS. 

3 (a) GUIDANCE.—The Administrator of the Federal 

4 Highway Administration, in coordination with the Admin5 istrator of the Federal Emergency Management Agency, 

6 shall review the guidance issued pursuant to section 1228 

7 of the Disaster Recovery Reform Act of 2018 (Public Law 

8 115–254), and revise or issue new guidance regarding re9 pair, restoration, and replacement of inundated and sub10 merged roads damaged or destroyed by a major disaster de11 clared pursuant to the Robert T. Stafford Disaster Relief 

12 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) with 

13 respect to roads eligible for assistance under Federal High14 way Administration programs. 

15 (b) CONSIDERATIONS.—In revising or issuing new 

16 guidance under subsection (a), the Administrator shall con17 sider methods of repair, restoration, and replacement of 

18 damaged or destroyed roads that— 

19 (1) improve the ability of a previously inundated 

20 or submerged road to withstand the effects of hydro21 static and hydrodynamic forces, including 

22 stormwater, runoff, or storm surge; and 

23 (2) provide for long-term cost savings. 

24 SEC. 1623. DRY BULK WEIGHT TOLERANCE. 

25 Section 127 of title 23, United States Code, is amended 

26 by adding at the end the following: 


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1 ‘‘(v) DRY BULK WEIGHT TOLERANCE.— 

2 ‘‘(1) DEFINITION OF DRY BULK GOODS.—In this 

3 subsection, the term ‘dry bulk goods’ means any ho4 mogeneous unmarked nonliquid cargo being trans5 ported in a trailer specifically designed for that pur6 pose. 

7 ‘‘(2) WEIGHT TOLERANCE.—Notwithstanding 

8 any other provision of this section, except for the 

9 maximum gross vehicle weight limitation, a commer10 cial motor vehicle transporting dry bulk goods may 

11 not exceed 110 percent of the maximum weight on 

12 any axle or axle group described in subsection (a), in13 cluding any enforcement tolerance.’’. 

14 SEC. 1624. HIGHWAY USE TAX EVASION PROJECTS. 

15 Section 143(b)(2)(A) of title 23, United States Code, 

16 is amended by striking ‘‘2016 through 2020’’ and inserting 

17 ‘‘2023 through 2026’’. 

18 SEC. 1625. LABOR STANDARDS. 

19 It is the policy of the United States that funds author20 ized or made available by this Act, or the amendments made 

21 by this Act, should not be used to purchase products pro22 duced whole or in part through the use of child labor, as 

23 such term is defined in Article 3 of the International Labor 

24 Organization Convention concerning the prohibition and 

25 immediate action for the elimination of the worst forms of 


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1 child labor (December 2, 2000), or in violation of human 

2 rights. 

3 SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO. 

4 (a) IN GENERAL.—Not later than 1 year after the date 

5 of enactment of this Act, and every 5 years thereafter, the 

6 Comptroller General of the United States shall evaluate and 

7 issue a report to Congress on the economic benefits, includ8 ing avoided impacts on property and life, of the use of 

9 model, consensus-based building codes, standards, and pro10 visions that support resilience to climate risks and impacts, 

11 including— 

12 (1) flooding; 

13 (2) wildfires; 

14 (3) hurricanes; 

15 (4) heat waves; 

16 (5) droughts; 

17 (6) rises in sea level; and 

18 (7) extreme weather. 

19 (b) REPORT ISSUES.—The report required under sub20 section (a) shall include the following: 

21 (1) An assessment of the status of adoption of 

22 building codes, standards, and provisions within the 

23 States, territories, and tribes at the State or jurisdic24 tional level; including whether the adopted codes meet 


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1 or exceed the most recent published edition of a na2 tional, consensus-based model code. 

3 (2) An analysis of the extent to which pre-dis4 aster mitigation measures provide benefits to the na5 tion and individual States, territories and tribes, in6 cluding— 

7 (A) an economic analysis of the benefits to 

8 the design and construction of new resilient in9 frastructure; 

10 (B) losses avoided, including economic 

11 losses, number of structures (buildings, roads, 

12 bridges), and injuries and deaths by utilizing 

13 building codes and standards that prioritize re14 siliency; and 

15 (C) an economic analysis of the benefits to 

16 using hazard resistant building codes in rebuild17 ing and repairing infrastructure following a dis18 aster. 

19 (3) An assessment of the building codes and 

20 standards referenced or otherwise currently incor21 porated into Federal policies and programs, including 

22 but not limited to grants, incentive programs, tech23 nical assistance and design and construction criteria, 

24 administered by the Federal Emergency Management 


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1 Agency (hereinafter referred to as ‘‘FEMA’’), includ2 ing— 

3 (A) the extent to which such codes and 

4 standards contribute to increasing climate resil5 iency; 

6 (B) recommendations for how FEMA could 

7 improve their use of codes and standards to pre8 pare for climate change and address resiliency in 

9 housing, public buildings, and infrastructure 

10 such as roads and bridges; and 

11 (C) how FEMA could increase efforts to 

12 support the adoption of hazard resistant codes by 

13 the States, territories, and Indian Tribes. 

14 (4) Recommendations for FEMA on how to bet15 ter incorporate climate resiliency into efforts to re16 build after natural disasters. 

17 SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOTING 

18 RIGHTS HIGHWAY. 

19 (a) DESIGNATION.—The portion of United States 

20 Route 80 from Selma, Alabama to Montgomery, Alabama 

21 shall be known as the ‘‘John R. Lewis Voting Rights High22 way’’. 

23 (b) REFERENCES.—Any reference in a law, map, regu24 lation, document, paper, or other record of the United 

25 States to the portion of United States Route 80 from Selma, 


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1 Alabama to Montgomery, Alabama is deemed to be a ref2 erence to the ‘‘John R. Lewis Voting Rights Highway’’. 

3 SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FER4 RIES. 

5 (a) IN GENERAL.—The Comptroller General of the 

6 United States shall conduct a study on the capital invest7 ment needs of United States public ferries and how Federal 

8 funding programs are meeting such needs. 

9 (b) CONSIDERATIONS.—In carrying out the study 

10 under subsection (a), the Comptroller General shall examine 

11 the feasibility of including United States public ferries in 

12 the conditions and performance report of the Department 

13 of Transportation. 

14 (c) REPORT TO CONGRESS.—Not later than 1 year 

15 after the date of enactment of this Act, the Comptroller Gen16 eral shall submit to Congress a report describing the results 

17 of the study described in subsection (a), including any rec18 ommendations for how to include ferries in the conditions 

19 and performance report of the Department of Transpor20 tation. 

21 SEC. 1629. USE OF MODELING AND SIMULATION TECH22 NOLOGY. 

23 It is the sense of Congress that the Department of 

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1 tion technology to analyze highway and public transpor2 tation projects authorized by this Act and the amendments 

3 made by this Act to ensure that these projects— 

4 (1) increase transportation capacity and safety, 

5 alleviate congestion, and reduce travel time and envi6 ronmental impacts; and 

7 (2) are as cost effective as practicable. 

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

9 (a) ESTABLISHMENT.—Not later than 2 years after the 

10 date of enactment of this Act, the Comptroller General of 

11 the United States shall carry out a study on the impact 

12 of equity issues associated with per-mile user fee funding 

13 systems on the surface transportation system. 

14 (b) CONTENTS.—The study under subsection (a) shall 

15 include the following with respect to per-mile user fee sys16 tems: 

17 (1) The financial, social, and other impacts of 

18 per-mile user fee systems on individuals, low-income 

19 individuals, and individuals of different races. 

20 (2) The impact that access to alternative modes 

21 of transportation, including public transportation, 

22 has in carrying out per-mile user fee systems. 

23 (3) The ability to access jobs and services, which 

24 may include healthcare facilities, child care, edu25 cation and workforce training, food sources, banking 


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1 and other financial institutions, and other retail 

2 shopping establishments. 

3 (4) Equity issues for low-income individuals in 

4 urban and rural areas. 

5 (5) Any differing impacts on passenger vehicles 

6 and commercial vehicles. 

7 (c) INCLUSIONS.—In carrying out the study under 

8 subsection (a), the Comptroller General shall include an 

9 analysis of the following programs: 

10 (1) The State surface transportation system 

11 funding pilot program under section 6020 of the 

12 FAST Act; and 

13 (2) The national surface transportation system 

14 funding pilot under section 5402 of this Act. 

15 (d) REPORT.—Not later than 2 years after the date 

16 of the enactment after this Act, the Comptroller General 

17 shall submit to the Committee on Transportation and In18 frastructure of the House of Representatives and the Com19 mittee on Environment and Public Works of the Senate, 

20 and make publicly available, a report containing the results 

21 of the study under subsection (a), including recommenda22 tions for how to equitably implement per-mile user fee sys23 tems. 

24 (e) DEFINITIONS.— 


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1 (1) PER-MILE USER FEE.—The term ‘‘per-mile 

2 user fee’’ means a revenue mechanism that— 

3 (A) is applied to road users operating 

4 motor vehicles on the surface transportation sys5 tem; and 

6 (B) is based on the number of vehicle miles 

7 traveled by an individual road user. 

8 (2) COMMERCIAL VEHICLE.—The term ‘‘commer9 cial vehicle’’ has the meaning given the term commer10 cial motor vehicle in section 31101 of title 49, United 

11 States Code. 

12 SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT 

13 STATE DOTS. 

14 (a) REVIEW REQUIRED.—Not later than 1 year after 

15 the date of enactment of this Act, the Comptroller General 

16 shall undertake a review of the extent to which State depart17 ments of transportation have in place best practices, stand18 ards, and protocols designed to ensure equity considerations 

19 in transportation planning, project selection, and project 

20 delivery, including considerations of the diverse transpor21 tation needs of low-income populations, minority popu22 lations, and other diverse populations. 

23 (b) EVALUATION.—After the completion of the review 

24 under subsection (a), the Comptroller General shall issue 


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1 and make available on a publicly accessible Website a re2 port detailing— 

3 (1) findings based on the review in subsection 

4 (a); 

5 (2) a comprehensive set of recommendations for 

6 State departments of transportation to improve eq7 uity considerations, which may include model legisla8 tion, best practices, or guidance; and 

9 (3) any recommendations to Congress for addi10 tional statutory authority needed to support State de11 partment of transportation efforts to incorporate eq12 uity considerations into transportation planning, 

13 project selection, and project delivery. 

14 (c) REPORT.—After completing the review and evalua15 tion required under subsections (a) and (b), and not later 

16 than 2 years after the date of enactment of this Act, the 

17 Comptroller General shall make available on a publicly ac18 cessible Website, a report that includes— 

19 (1) findings based on the review conducted under 

20 subsection (a); 

21 (2) the outcome of the evaluation conducted 

22 under subsection (b); 

23 (3) a comprehensive set of recommendations to 

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1 tation industry, including recommendations for statu2 tory changes if applicable; and 

3 (4) the actions that the Secretary of Transpor4 tation could take to effectively address the rec5 ommendations provided under paragraph (3). 

6 SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVEN7 TION NETS AND BARRIERS FOR STRUCTURES 

8 OTHER THAN BRIDGES. 

9 (a) STUDY.—The Comptroller General of the United 

10 States shall conduct a study to identify— 

11 (1) the types of structures, other than bridges, 

12 that attract a high number of individuals attempting 

13 suicide-by-jumping; 

14 (2) the characteristics that distinguish structures 

15 identified under paragraph (1) from similar struc16 tures that do not attract a high number of individ17 uals attempting suicide-by-jumping; 

18 (3) the types of nets or barriers that are effective 

19 at reducing suicide-by-jumping with respect to the 

20 structures identified under paragraph (1); 

21 (4) methods of reducing suicide-by-jumping with 

22 respect to the structures identified under paragraph 

23 (1) other than nets and barriers; 

24 (5) quantitative measures of the effectiveness of 

25 the nets and barriers identified under paragraph (3); 


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1 (6) quantitative measures of the effectiveness of 

2 the additional methods identified under paragraph 

3 (4); 

4 (7) the entities that typically install the nets and 

5 barriers identified under paragraph (3); and 

6 (8) the costs of the nets and barriers identified 

7 under paragraph (3). 

8 (b) REPORT.—Not later than 1 year after the date of 

9 the enactment of this Act, the Comptroller General shall 

10 submit to the Committee on Transportation and Infrastruc11 ture of the House of Representatives and the Committee on 

12 Commerce, Science, and Transportation of the Senate a re13 port on the results of the study conducted under subsection 

14 (a). 

15 SEC. 1633. TRANSPORTATION PLANNING ACTIVITIES. 

16 The Secretary or Transportation shall take all reason17 able efforts to provide assistance for an Olympic or 

18 Paralympic event, or a Special Olympics International 

19 event, including the following: 

20 (1) Planning activities of States and metropoli21 tan planning organizations and transportation 

22 projects relating to an international Olympic or 

23 Paralympic event, or a Special Olympics Inter24 national event, under sections 134 and 135 of title 23, 

25 United States Code. 


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1 (2) Developing intermodal transportation plans 

2 necessary for the projects, in coordination with State 

3 and local transportation agencies. 

4 (3) Efforts to expedite review and comment by 

5 the Department of Transportation on any required 

6 submittals pertaining to an Olympic or Paralympic 

7 event or a Special Olympics International event. 

8 (4) Providing technical assistance. 

9 SEC. 1634. BETTER UTILIZING INFRASTRUCTURE FOR LAST10 ING DEVELOPMENT OF VETERANS BUSI11 NESSES ACT. 

12 (a) DEFINITIONS.—In this section, the following defi13 nitions apply: 

14 (1) SMALL BUSINESS CONCERN.—The term 

15 ‘‘small business concern’’ has the meaning given the 

16 term in section 3 of the Small Business Act (15 

17 U.S.C. 632). 

18 (2) VETERAN.—The term ‘‘veteran’’ has the 

19 meaning given the term in section 101(2) of title 38, 

20 United States Code. 

21 (3) VETERAN OWNED SMALL BUSINESS CON22 CERN.—The term ‘‘veteran owned small business con23 cern’’ has the meaning given the term ‘‘small business 

24 concern owned and controlled by veterans’’ in section 

25 3(q) of the Small Business Act (15 U.S.C. 632 (q)). 


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1 (b) AMOUNTS FOR VETERAN OWNED SMALL BUSINESS

2 CONCERNS.—Except to the extent that the Secretary of 

3 Transportation determines otherwise, not less than 3 per4 cent of the amounts made available for any program under 

5 titles I, II, V, and VII of this division and section 403 of 

6 title 23, United States Code, shall be expended through vet7 eran owned small business concerns. 

8 (c) UNIFORM CRITERIA.—The Secretary shall establish 

9 minimum uniform criteria for use by State governments 

10 in certifying whether a concern qualifies as a veteran owned 

11 small business concern for the purpose of this section. Such 

12 criteria shall include a limit on the personal net worth of 

13 the veterans who own and control the small business con14 cern. 

15 (d) REPORTING.—The Secretary shall establish min16 imum requirements for use by State government in report17 ing to the Secretary— 

18 (1) information concerning veteran owned small 

19 business concern awards, commitments, and achieve20 ment; and 

21 (2) such other information as the Secretary de22 termined to be appropriate for the proper monitoring 

23 of the veterans business enterprise program. 


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1 SEC. 1635. VEHICLE WEIGHT LIMITATIONS. 

2 Section 127(i)(1)(A) of title 23, United States Code, 

3 is amended by inserting ‘‘an emergency or’’ before ‘‘a major 

4 disaster’’. 

5 SEC. 1636. ROADWAY WORKER PROTECTION WORKING 

6 GROUP. 

7 (a) ESTABLISHMENT.—Not later than 180 days after 

8 the date of enactment of this Act, the Secretary of Transpor9 tation shall establish a working group (in this section re10 ferred to as the ‘‘Working Group’’) to review the methods, 

11 practices, and technologies necessary to protect workers in 

12 roadway work zones. 

13 (b) MEMBERSHIP.— 

14 (1) APPOINTMENT.—The Secretary shall appoint 

15 to the Working Group individuals with knowledge 

16 and expertise in roadway safety. 

17 (2) REPRESENTATION.—The Working group 

18 shall include at least one representative of each of the 

19 following: 

20 (A) State departments of transportation. 

21 (B) Local governments or metropolitan 

22 planning organizations. 

23 (C) Temporary traffic control organiza24 tions. 

25 (D) Roadway user organizations. 


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1 (E) Vehicle and commercial vehicle manu2 facturers. 

3 (F) Labor organizations. 

4 (G) Traffic safety organizations. 

5 (H) Motor carrier and independent owner6 operator organizations. 

7 (I) Law enforcement and first responder or8 ganizations. 

9 (J) Autonomous vehicle technology compa10 nies. 

11 (K) Any other stakeholders that the Sec12 retary determines appropriate. 

13 (3) TERMINATION.—The Working Group shall 

14 terminate 6 months after the date on which the Sec15 retary receives the report under subsection (f)(1). 

16 (c) DUTIES.—In carrying out the review required 

17 under subsection (a), the Working Group shall— 

18 (1) evaluate and analyze current work zone safe19 ty and worker protection traffic control best practices; 

20 (2) identify causes of work zone injuries and fa21 talities; 

22 (3) identify and evaluate technologies related to 

23 vehicle interaction with work zones and workers in 

24 work zones; and 


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1 (4) identify challenges for transportation con2 struction project sponsors regarding improving work 

3 zone safety. 

4 (d) CONSULTATION.—In carrying out the review re5 quired under subsection (a), the Working Group shall con6 sult with— 

7 (1) transportation construction contractor orga8 nizations; 

9 (2) roadway and roadway safety equipment 

10 manufacturer organizations; 

11 (3) academic experts; and 

12 (4) any other stakeholder the Working Group de13 termines appropriate. 

14 (e) REPORTS.— 

15 (1) WORKING GROUP REPORT.—Not later than 2 

16 years after the date on which the Working Group is 

17 established, the Working Group shall submit to the 

18 Secretary a report that includes— 

19 (A) the findings of the review required 

20 under subsection (a), including a summary of 

21 any comments received during the consultation 

22 process under subsection (d); and 

23 (B) recommendations on safety counter24 measures, technologies, programs and policies for 


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1 the Department of Transportation to improve 

2 roadway work zone safety and practices. 

3 (2) REPORT TO CONGRESS.—Not later than 1 

4 month after the date on which the Secretary receives 

5 a report under paragraph (1), the Secretary shall 

6 submit to the Committee on Transportation and In7 frastructure of the House of Representatives and the 

8 Committee on Environment and Public Works of the 

9 Senate a summary of the report. 

10 SEC. 1637. GAO STUDY ON NATURE-BASED SOLUTIONS FOR 

11 COASTAL HIGHWAY RESILIENCE. 

12 (a) STUDY.—The Comptroller General of the United 

13 States shall conduct a study on the utilization of nature14 based solutions for improving the resilience of coastal high15 ways and bridges. 

16 (b) CONTENTS.—In conducting the study under sub17 section (a), the Comptroller General shall examine— 

18 (1) the resiliency benefits of nature-based fea19 tures that work in conjunction with structural fea20 tures to protect coastal highways and bridges by re21 ducing the impacts of floods or other risks of extreme 

22 weather; 

23 (2) the ecological benefits of nature-based features 

24 for habitat restoration, water quality improvements, 

25 and recreational aesthetics; 


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1 (3) any potential savings to taxpayers over the 

2 lifecycles of roadways produced by an integrated ap3 proach to resilience against extreme weather; 

4 (4) the utilization rates for integrated nature5 based solutions among transportation agencies; and 

6 (5) any barriers to the use of nature-based solu7 tions by transportation agencies to improve the resil8 ience of coastal roads and bridges. 

9 (c) REPORT.—Not later than 1 year after the date of 

10 enactment of this Act, the Comptroller General shall submit 

11 to the Committee on Transportation and Infrastructure of 

12 the House of Representatives and the Committee on Com13 merce, Science, and Transportation of the Senate a report 

14 summarizing the study under subsection (a) and the results 

15 of such study, including recommendations for how the Fed16 eral Highway Administration can encourage transpor17 tation agencies to use natural and nature-based features to 

18 improve the resilience of coastal highways and bridges. 

19 SEC. 1638. PROHIBITION ON THE USE OF CIVIL PENALTIES 

20 FOR CAMPAIGN FINANCE. 

21 No amounts may be assessed on funds collected pursu22 ant to section 5309 of this Act or section 20704, 20171, 

23 20174, or 80502 of title 49, United States Code, (as added 

24 by this Act) for purposes of making payments in support 

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1 resentative in, or Delegate or Resident Commissioner to, 

2 Congress. 

3 SEC. 1639. REPEAL OF PILOT PROGRAM. 

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

5 SEC. 1640. TECHNICAL CORRECTIONS. 

6 (a) IN GENERAL.— Title 23, United States Code, is 

7 amended as follows: 

8 (1) NAME CORRECTION.—Section 

9 101(a)(16)(C),as amended, is amended by striking 

10 ‘‘United States Customs and Immigration Services’’ 

11 and inserting ‘‘ U.S. Customs and Border Protec12 tion’’. 

13 (2) TRANSFER OF FUNDS.—Section 104(f)(3) is 

14 amended— 

15 (A) in subparagraph (A), by striking ‘‘the 

16 Federal Highway Administration’’ and inserting 

17 ‘‘an operating administration of the Department 

18 of Transportation’’; and 

19 (B) in the paragraph heading, by striking 

20 ‘‘Federal Highway Administration’’ and insert21 ing ‘‘an operating administration of the Depart22 ment of Transportation’’. 

23 (3) TERMS AND CONDITIONS.—Section 

24 108(c)(3)(F) is amended— 


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1 (A) by inserting ‘‘of 1969 (42 U.S.C. 4321 

2 et seq.)’’ after ‘‘Policy Act’’; and 

3 (B) by striking ‘‘this Act’’ and inserting 

4 ‘‘this title’’. 

5 (4) EXCLUSION.—Section 112(b)(2) is amended 

6 in subparagraph (F) by striking ‘‘(F)’’ and all that 

7 follows through ‘‘Subparagraphs’’ and inserting ‘‘(F)

8 Subparagraphs’’. 

9 (5) REFERENCE TO STATEWIDE TRANSPOR10 TATION IMPROVEMENT PROGRAM.—Section 115(c) is 

11 amended by striking ‘‘135(f)’’ and inserting ‘‘135(g)’’. 

12 (6) OPPORTUNITY FOR COMMENT.—Section 

13 134(j) is amended by striking ‘‘subsection (i)(5)’’ both 

14 places it appears and inserting ‘‘subsection (i)(6)’’. 

15 (7) PERFORMANCE-BASED APPROACH.—Section 

16 135(f)(7)(B) is amended by striking the semicolon at 

17 the end and inserting a period. 

18 (8) EFFICIENT ENVIRONMENTAL REVIEWS FOR

19 PROJECT DECISIONMAKING.—Section 139 is amend20 ed— 

21 (A) in subsection (b)(1) by inserting ‘‘(42 

22 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’; 

23 (B) in subsection (c) by inserting ‘‘(42 

24 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’ each place 

25 it appears; and 


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1 (C) in subsection (k)(2) by inserting ‘‘(42 

2 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’. 

3 (9) NONDISCRIMINATION.—Section 140(a) is 

4 amended, in the third sentence, by inserting a comma 

5 after ‘‘Secretary’’. 

6 (10) PUBLIC TRANSPORTATION.—Section 142 is 

7 amended by striking subsection (i). 

8 (11) CONGESTION MITIGATION AND AIR QUALITY

9 IMPROVEMENT PROGRAM.—Section 149 is amended— 

10 (A) in subsection (b)(1)(A)(ii) by striking ‘‘; 

11 or,’’ and inserting ‘‘; or’’; and 

12 (B) in subsection (g)(2)(B) by striking the 

13 semicolon at the end and inserting ‘‘; and’’. 

14 (12) TRIBAL TRANSPORTATION PROGRAM DATA

15 COLLECTION.—Section 201(c)(6)(A)(ii) is amended by 

16 striking ‘‘(25 U.S.C. 450 et seq.)’’ and inserting ‘‘(25 

17 U.S.C. 5301 et seq.)’’. 

18 (13) TRIBAL TRANSPORTATION PROGRAM.—Sec19 tion 202 is amended— 

20 (A) by striking ‘‘(25 U.S.C. 450 et seq.)’’ 

21 each place it appears and inserting ‘‘(25 U.S.C. 

22 5301 et seq.)’’; 

23 (B) in subsection (a)(10)(B) by striking 

24 ‘‘(25 U.S.C. 450e(b))’’ and inserting ‘‘(25 U.S.C. 

25 5307(b))’’; and 


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1 (C) in subsection (b)— 

2 (i) in paragraph (5) in the matter pre3 ceding subparagraph (A) by inserting ‘‘the’’ 

4 after ‘‘agreement under’’; and 

5 (ii) in paragraph (6)(A) by inserting 

6 ‘‘the’’ after ‘‘in accordance with’’. 

7 (14) PERMISSIBLE USES OF RECREATIONAL

8 TRAILS PROGRAM APPORTIONED FUNDS.—Section 

9 206(d)(2)(G) is amended by striking ‘‘use of rec10 reational trails’’ and inserting ‘‘uses of recreational 

11 trails’’. 

12 (15) TRIBAL TRANSPORTATION SELF-GOVERN13 ANCE PROGRAM.—Section 207 is amended— 

14 (A) in subsection (g)— 

15 (i) by striking ‘‘(25 U.S.C. 450j–1)’’ 

16 and inserting ‘‘(25 U.S.C. 5325)’’; and 

17 (ii) by striking ‘‘(25 U.S.C. 450j-1(f))’’ 

18 and inserting ‘‘(25 U.S.C. 5325(f))’’; 

19 (B) in subsection (l)— 

20 (i) in paragraph (1), by striking ‘‘(25 

21 U.S.C. 458aaa–5)’’ and inserting ‘‘(25 

22 U.S.C. 5386)’’; 

23 (ii) in paragraph (2), by striking ‘‘(25 

24 U.S.C. 458aaa–6)’’ and inserting ‘‘(25 

25 U.S.C. 5387)’’; 


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1 (iii) in paragraph (3), by striking 

2 ‘‘(25 U.S.C. 458aaa–7)’’ and inserting ‘‘(25 

3 U.S.C. 5388)’’; 

4 (iv) in paragraph (4), by striking ‘‘(25 

5 U.S.C. 458aaa–9)’’ and inserting ‘‘(25 

6 U.S.C. 5390)’’; 

7 (v) in paragraph (5), by striking ‘‘(25 

8 U.S.C. 458aaa–10)’’ and inserting ‘‘(25 

9 U.S.C. 5391)’’; 

10 (vi) in paragraph (6), by striking ‘‘(25 

11 U.S.C. 458aaa–11)’’ and inserting ‘‘(25 

12 U.S.C. 5392)’’; 

13 (vii) in paragraph (7), by striking 

14 ‘‘(25 U.S.C. 458aaa–14)’’ and inserting 

15 ‘‘(25 U.S.C. 5395)’’; 

16 (viii) in paragraph (8), by striking 

17 ‘‘(25 U.S.C. 458aaa–15)’’ and inserting 

18 ‘‘(25 U.S.C. 5396)’’; and 

19 (ix) in paragraph (9), by striking ‘‘(25 

20 U.S.C. 458aaa–17)’’ and inserting ‘‘(25 

21 U.S.C. 5398)’’; and 

22 (C) in subsection (m)(2)— 

23 (i) by striking ‘‘505’’ and inserting 

24 ‘‘501’’; and 


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1 (ii) by striking ‘‘(25 U.S.C. 450b; 

2 458aaa)’’ and inserting ‘‘(25 U.S.C. 5304; 

3 5381)’’. 

4 (16) BUY AMERICA.—Section 313 is amended— 

5 (A) in subsection (e)(2) by striking 

6 ‘‘States;’’ and inserting ‘‘States,’’; and 

7 (B) in subsection (f)(1) by striking ‘‘, and’’ 

8 and inserting ‘‘; and’’. 

9 (17) PROCEDURES FOR A GIFT OR DONATION.— 

10 Section 323(d) is amended in the matter preceding 

11 paragraph (1) by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ 

12 after ‘‘of 1969’’. 

13 (18) HIGHWAY SAFETY PROGRAMS.—Section 

14 402(b)(1)(E) is amended by striking the semicolon at 

15 the end and inserting ‘‘; and’’. 

16 (19) USE OF FREIGHT CAPACITY BUILDING PRO17 GRAM FUNDS.—Section 504(g)(6) is amended by 

18 striking ‘‘make grants or to’’ and inserting ‘‘make 

19 grants to’’. 

20 (20) DEVELOPMENT PHASE ACTIVITIES.—Section 

21 602(e) is amended by striking ‘‘601(a)(1)(A)’’ and in22 serting ‘‘601(a)(2)(A)’’. 

23 (b) CLERICAL AMENDMENTS.— 

24 (1) IN GENERAL.—The table of contents for title 

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1 ing to chapter 1 by striking ‘‘FEDERAL AID 

2 HIGHWAYS’’ and inserting ‘‘FEDERAL-AID 

3 HIGHWAYS’’. 

4 (2) CHAPTER 3.—The analysis for chapter 3 of 

5 title 23, United States Code, is amended by striking 

6 the item relating to section 325. 

7 TITLE II—PUBLIC 

8 TRANSPORTATION 

9 Subtitle A—Federal Transit 

10 Administration 

11 SEC. 2101. AUTHORIZATIONS. 

12 (a) IN GENERAL.—Section 5338 of title 49, United 

13 States Code, is amended to read as follows: 

14 ‘‘§ 5338. Authorizations 

15 ‘‘(a) GRANTS.— 

16 ‘‘(1) IN GENERAL.—There shall be available from 

17 the Mass Transit Account of the Highway Trust Fund 

18 to carry out sections 5305, 5307, 5308, 5310, 5311, 

19 5312, 5314, 5318, 5320, 5328, 5335, 5337, 5339, and 

20 5340— 

21 ‘‘(A) $17,894,460,367 for fiscal year 2023; 

22 ‘‘(B) $18,201,940,770 for fiscal year 2024; 

23 ‘‘(C) $18,551,676,708 for fiscal year 2025; 

24 and 

25 ‘‘(D) $18,901,573,693 for fiscal year 2026. 


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1 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

2 made available under paragraph (1)— 

3 ‘‘(A) $189,879,151 for fiscal year 2023, 

4 $192,841,266 for fiscal year 2024, $195,926,726 

5 for fiscal year 2025, and $199,002,776 for fiscal 

6 year 2026, shall be available to carry out section 

7 5305; 

8 ‘‘(B) $7,505,830,848 for fiscal year 2023, 

9 $7,622,921,809 for fiscal year 2024, 

10 $7,744,888,558 for fiscal year 2025, and 

11 $7,866,483,309 for fiscal year 2026 shall be allo12 cated in accordance with section 5336 to provide 

13 financial assistance for urbanized areas under 

14 section 5307; 

15 ‘‘(C) $101,510,000 for fiscal year 2023, 

16 $103,093,556 for fiscal year 2024, $104,743,053 

17 for fiscal year 2025, and $106,387,519 for fiscal 

18 year 2026 shall be available for grants under sec19 tion 5308; 

20 ‘‘(D) $434,830,298 for fiscal year 2023, 

21 $441,613,651 for fiscal year 2024, $448,679,469 

22 for fiscal year 2025, and $455,723,737 for fiscal 

23 year 2026 shall be available to carry out section 

24 5310, of which not less than— 


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1 ‘‘(i) $5,075,500 for fiscal year 2023, 

2 $5,154,678 for fiscal year 2024, $5,237,153 

3 for fiscal year 2025, and $5,319,376 for fis4 cal year 2026 shall be available to carry out 

5 section 5310(j); and 

6 ‘‘(ii) $20,302,000 for fiscal year 2023, 

7 $20,618,711 for fiscal year 2024, 

8 $20,948,611 for fiscal year 2025, and 

9 $21,277,504 for fiscal year 2026 shall be 

10 available to carry out section 5310(k); 

11 ‘‘(E) $1,025,199,724 for fiscal year 2023, 

12 $1,041,192,839 for fiscal year 2024, 

13 $1,057,851,925 for fiscal year 2025, and 

14 $1,074,460,200 for fiscal year 2026 shall be 

15 available to carry out section 5311, of which not 

16 less than— 

17 ‘‘(i) $55,679,500 for fiscal year 2023, 

18 $56,392,100 for fiscal year 2024, 

19 $57,134,374 for fiscal year 2025, and 

20 $57,874,383 for fiscal year 2026 shall be 

21 available to carry out section 5311(c)(1); 

22 and 

23 ‘‘(ii) $50,755,000 for fiscal year 2023, 

24 $51,546,778 for fiscal year 2024, 

25 $52,371,526 for fiscal year 2025, and 


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1 $53,193,759 for fiscal year 2026 shall be 

2 available to carry out section 5311(c)(2); 

3 ‘‘(F) $53,498,300 for fiscal year 2023; 

4 $54,020,873 for fiscal year 2024; $54,565,207 for 

5 fiscal year 2025; $55,107,881 for fiscal year 

6 2026 shall be available to carry out section 5312, 

7 of which not less than— 

8 ‘‘(i) $5,075,500 for fiscal year 2023, 

9 $5,154,678 for fiscal year 2024, $5,237,153 

10 for fiscal year 2025, and $5,319,376 for fis11 cal year 2026 shall be available to carry out 

12 each of sections 5312(d)(3) and 5312(d)(4); 

13 ‘‘(ii) $3,045,300 for fiscal year 2023, 

14 $3,092,807 for fiscal year 2024, $3,142,292 

15 for fiscal year 2025, and $3,191,626 for fis16 cal year 2026 shall be available to carry out 

17 section 5312(h); 

18 ‘‘(iii) $10,151,000 for fiscal year 2023, 

19 $10,309,356 for fiscal year 2024, 

20 $10,474,305 for fiscal year 2025, and 

21 $10,638,752 for fiscal year 2026 shall be 

22 available to carry out section 5312(i); and 

23 ‘‘(iv) $10,075,500 for fiscal year 2023, 

24 $10,154,678 for fiscal year 2024, 

25 $10,237,153 for fiscal year 2025, and 


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1 $10,319,376 shall be available to carry out 

2 section 5312(j); 

3 ‘‘(G) $23,347,300 for fiscal year 2023, 

4 $23,711,518 for fiscal year 2024, $24,090,902 for 

5 fiscal year 2025, and $24,469,129 for fiscal year 

6 2026 shall be available to carry out section 5314, 

7 of which not less than— 

8 ‘‘(i) $4,060,400 for fiscal year 2023, 

9 $4,123,742 for fiscal year 2024, $4,189,722 

10 for fiscal year 2025, and $4,255,501 for fis11 cal year 2026 shall be available to carry out 

12 section of 5314(a); 

13 ‘‘(ii) $5,075,500 for fiscal year 2023, 

14 $5,154,678 for fiscal year 2024, $5,237,153 

15 for fiscal year 2025, and $5,319,376 for fis16 cal year 2026 shall be available to carry out 

17 section 5314(c); and 

18 ‘‘(iii) $12,181,200 for fiscal year 2023, 

19 $12,371,227 for fiscal year 2024, 

20 $12,569,166 for fiscal year 2025, and 

21 $12,766,502 for fiscal year 2026 shall be 

22 available to carry out section 5314(b)(2); 

23 ‘‘(H) $5,075,500 for fiscal year 2023, 

24 $5,154,678 for fiscal year 2024, $5,237,153 for 


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1 fiscal year 2025, and $5,319,376 for fiscal year 

2 2026 shall be available to carry out section 5318; 

3 ‘‘(I) $30,453,000 for fiscal year 2023, 

4 $30,928,067 for fiscal year 2024, $31,422,916 for 

5 fiscal year 2025, and $31,916,256 for fiscal year 

6 2026 shall be available to carry out section 5328, 

7 of which not less than— 

8 ‘‘(i) $25,377,500 for fiscal year 2023, 

9 $25,773,389 for fiscal year 2024, 

10 $26,185,763 for fiscal year 2025, and 

11 $26,596,880 for fiscal year 2026 shall be 

12 available to carry out section of 5328(b); 

13 and 

14 ‘‘(ii) $2,537,750 for fiscal year 2023, 

15 $2,577,339 for fiscal year 2024, $2,618,576 

16 for fiscal year 2025, and $2,659,688 for fis17 cal year 2026 shall be available to carry out 

18 section 5328(c); 

19 ‘‘(J) $4,060,400 for fiscal year 2023, 

20 $4,123,742 for fiscal year 2024, $4,189,722 for 

21 fiscal year 2025, and $4,255,501 for fiscal year 

22 2026 shall be available to carry out section 5335; 

23 ‘‘(K) $5,366,233,728 for fiscal year 2023, 

24 $5,460,789,084 for fiscal year 2024, 

25 $5,560,170,578 for fiscal year 2025, and 


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1 $5,660,288,417 for fiscal year 2026 shall be 

2 available to carry out section 5337; 

3 ‘‘(L) to carry out the bus formula program 

4 under section 5339(a)— 

5 ‘‘(i) $1,240,328,213 for fiscal year 

6 2023, $1,259,667,334 for fiscal year 2024, 

7 $1,279,832,171 for fiscal year 2025, and 

8 $1,299,925,536 for fiscal year 2026; except 

9 that 

10 ‘‘(ii) 15 percent of the amounts under 

11 clause (i) shall be available to carry out 

12 5339(d); 

13 ‘‘(M) $437,080,000 for fiscal year 2023, 

14 $424,748,448 for fiscal year 2024, $387,944,423 

15 for fiscal year 2025, and $351,100,151 for fiscal 

16 year 2026 shall be available to carry out section 

17 5339(b); 

18 ‘‘(N) $890,000,000 for fiscal year 2023, 

19 $950,000,000 for fiscal year 2024, 

20 $1,065,000,000 for fiscal year 2025, and 

21 $1,180,000,000 for fiscal year 2026 shall be 

22 available to carry out section 5339(c); and 

23 ‘‘(O) $587,133,905 for each of fiscal years 

24 2023 through 2026 shall be available to carry 

25 out section 5340 to provide financial assistance 


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1 for urbanized areas under section 5307 and 

2 rural areas under section 5311, of which— 

3 ‘‘(i) $309,688,908 for each of fiscal 

4 years 2023 through 2026 shall be for grow5 ing States under section 5340(c); and 

6 ‘‘(ii) $277,444,997 for each of fiscal 

7 years 2023 through 2026 shall be for high 

8 density States under section 5340(d). 

9 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au10 thorized to be appropriated to carry out section 5309 

11 $3,500,000,000 for fiscal year 2023, $4,250,000,000 for fis12 cal year 2024, $5,000,000,000 for fiscal year 2025, and 

13 5,500,000,000 for fiscal year 2026. 

14 ‘‘(c) ADMINISTRATION.— 

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

16 appropriated to carry out section 5334, $142,060,785 

17 for fiscal year 2023, $144,191,696 for fiscal year 

18 2024, $146,412,248 for fiscal year 2025, and 

19 148,652,356 for fiscal year 2026. 

20 ‘‘(2) SECTION 5329.—Of the amounts authorized 

21 to be appropriated under paragraph (1), not less than 

22 $6,000,000 for each of fiscal years 2023 through 2026 

23 shall be available to carry out section 5329. 

24 ‘‘(3) SECTION 5326.—Of the amounts made avail25 able under paragraph (2), not less than $2,500,000 


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1 for each of fiscal years 2023 through 2026 shall be 

2 available to carry out section 5326. 

3 ‘‘(d) OVERSIGHT.— 

4 ‘‘(1) IN GENERAL.—Of the amounts made avail5 able to carry out this chapter for a fiscal year, the 

6 Secretary may use not more than the following 

7 amounts for the activities described in paragraph (2): 

8 ‘‘(A) 0.5 percent of amounts made available 

9 to carry out section 5305. 

10 ‘‘(B) 0.75 percent of amounts made avail11 able to carry out section 5307. 

12 ‘‘(C) 1 percent of amounts made available 

13 to carry out section 5309. 

14 ‘‘(D) 1 percent of amounts made available 

15 to carry out section 601 of the Passenger Rail 

16 Investment and Improvement Act of 2008 (Pub17 lic Law 110–432; 126 Stat. 4968). 

18 ‘‘(E) 0.5 percent of amounts made available 

19 to carry out section 5310. 

20 ‘‘(F) 0.5 percent of amounts made available 

21 to carry out section 5311. 

22 ‘‘(G) 1 percent of amounts made available 

23 to carry out section 5337, of which not less than 

24 25 percent of such amounts shall be available to 

25 carry out section 5329 and of which not less 


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1 than 10 percent of such amounts shall be made 

2 available to carry out section 5320. 

3 ‘‘(H) 1 percent of amounts made available 

4 to carry out section 5339 of which not less than 

5 10 percent of such amounts shall be made avail6 able to carry out section 5320. 

7 ‘‘(I) 1 percent of amounts made available to 

8 carry out section 5308. 

9 ‘‘(2) ACTIVITIES.—The activities described in 

10 this paragraph are as follows: 

11 ‘‘(A) Activities to oversee the construction of 

12 a major capital project. 

13 ‘‘(B) Activities to review and audit the safe14 ty and security, procurement, management, and 

15 financial compliance of a recipient or sub16 recipient of funds under this chapter. 

17 ‘‘(C) Activities to provide technical assist18 ance generally, and to provide technical assist19 ance to correct deficiencies identified in compli20 ance reviews and audits carried out under this 

21 section. 

22 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov23 ernment shall pay the entire cost of carrying out a 

24 contract under this subsection. 


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1 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds 

2 made available under paragraph (1)(C) shall be made 

3 available to the Secretary before allocating the funds 

4 appropriated to carry out any project under a full 

5 funding grant agreement. 

6 ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

7 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

8 FUND.—A grant or contract that is approved by the 

9 Secretary and financed with amounts made available 

10 from the Mass Transit Account of the Highway Trust 

11 Fund pursuant to this section is a contractual obliga12 tion of the Government to pay the Government share 

13 of the cost of the project. 

14 ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— 

15 A grant or contract that is approved by the Secretary 

16 and financed with amounts from future appropria17 tions from the general fund of the Treasury pursuant 

18 to this section is a contractual obligation of the Gov19 ernment to pay the Government share of the cost of 

20 the project only to the extent that amounts are appro21 priated for such purpose by an Act of Congress. 

22 ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 

23 available by or appropriated under this section shall re24 main available until expended. 


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1 ‘‘(g) LIMITATION ON FINANCIAL ASSISTANCE FOR

2 STATE-OWNED ENTERPRISES.— 

3 ‘‘(1) IN GENERAL.—Funds provided under this 

4 section may not be used in awarding a contract, sub5 contract, grant, or loan to an entity that is owned or 

6 controlled by, is a subsidiary of, or is otherwise re7 lated legally or financially to a corporation based in 

8 a country that— 

9 ‘‘(A) is identified as a nonmarket economy 

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

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

12 the date of enactment of the INVEST in America 

13 Act; 

14 ‘‘(B) was identified by the United States 

15 Trade Representative in the most recent report 

16 required by section 182 of the Trade Act of 1974 

17 (19 U.S.C. 2242) as a priority foreign country 

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

19 ‘‘(C) is subject to monitoring by the Trade 

20 Representative under section 306 of the Trade 

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

22 ‘‘(2) EXCEPTION.—For purposes of paragraph 

23 (1), the term ‘otherwise related legally or financially’ 

24 does not include a minority relationship or invest25 ment. 


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1 ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub2 section shall be applied in a manner consistent with 

3 the obligations of the United States under inter4 national agreements.’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) Section 5312(i)(1) of title 49, United States 

7 Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’ and 

8 inserting ‘‘5338(a)(2)(F)(iii)’’. 

9 (2) Section 5333(b) of title 49, United States 

10 Code, is amended by striking ‘‘5328, 5337, and 

11 5338(b)’’ each place it appears and inserting ‘‘and 

12 5337’’. 

13 (3) Section 5336 of title 49, United States Code, 

14 is amended in subsection (d)(1) by striking 

15 ‘‘5338(a)(2)(C)’’ and inserting ‘‘5338(a)(2)(B)’’. 

16 (4) Subsections (c) and (d)(1) of section 5327 of 

17 title 49, United States Code, are amended by striking 

18 ‘‘5338(f)’’ and inserting ‘‘5338(d)’’. 

19 (5) Section 5340(b) of title 49, United States 

20 Code, is amended by striking ‘‘5338(b)(2)(N)’’ and in21 serting ‘‘5338(a)(2)(O)’’. 

22 SEC. 2102. CHAPTER 53 DEFINITIONS. 

23 Section 5302 of title 49, United States Code, is amend24 ed— 

25 (1) in paragraph (1)(E)— 


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1 (A) by striking ‘‘and the installation’’ and 

2 inserting ‘‘, the installation’’; and 

3 (B) by inserting ‘‘, charging stations and 

4 docks for electric micromobility devices, and 

5 bikeshare projects’’ after ‘‘public transportation 

6 vehicles’’; 

7 (2) in paragraph (3)— 

8 (A) in subparagraph (G) by striking clause 

9 (iii) and inserting the following: 

10 ‘‘(iii) provides a fair share of revenue 

11 established by the Secretary that will be 

12 used for public transportation, except for a 

13 joint development that is a community serv14 ice (as defined by the Federal Transit Ad15 ministration), publicly operated facility, or 

16 offers a minimum of 50 percent of units as 

17 affordable housing, meaning legally binding 

18 affordability restricted housing units avail19 able to tenants with incomes below 60 per20 cent of the area median income or owners 

21 with incomes below the area median;’’; 

22 (B) in subparagraph (M) strike ‘‘; or’’ and 

23 insert a semicolon; 

24 (C) in subparagraph (N)— 


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1 (i) by striking ‘‘no emission’’ and in2 serting ‘‘zero emission’’; and 

3 (ii) by striking ‘‘(as defined in section 

4 5339(c)) or facilities.’’ and inserting ‘‘or fa5 cilities; or’’; and 

6 (D) by adding at the end the following: 

7 ‘‘(O) the employment of forensic consult8 ants, cybersecurity experts, or third-party pene9 tration testers to identify, evaluate, test, and 

10 patch ransomware attack vulnerabilities.’’; and 

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

12 ‘‘(25) RESILIENCE.— 

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

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

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

16 to conditions; or 

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

18 rapidly from disruptions. 

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

20 with respect to a facility, the ability to— 

21 ‘‘(i) resist hazards or withstand im22 pacts from disruptions; 

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

24 or impact of a disruption; or 


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1 ‘‘(iii) have the absorptive capacity, 

2 adaptive capacity, and recoverability to de3 crease vulnerability to a disruption. 

4 ‘‘(26) ASSAULT ON A TRANSIT WORKER.—The 

5 term ‘assault on a transit worker’ means any cir6 cumstance in which an individual knowingly, with7 out lawful authority or permission, and with intent 

8 to endanger the safety of any individual, or with a 

9 reckless disregard for the safety of human life, inter10 feres with, disables, or incapacitates any transit 

11 worker while the transit worker is performing his or 

12 her duties.’’. 

13 SEC. 2103. GENERAL PROVISIONS. 

14 Section 5323 of title 49, United States Code, is amend15 ed— 

16 (1) in subsection (d)— 

17 (A) in paragraph (1) by striking ‘‘urban 

18 area’’ and inserting ‘‘urbanized area’’; 

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

20 ‘‘(3) EXCEPTIONS.—This subsection shall not 

21 apply to financial assistance under this chapter— 

22 ‘‘(A) in which the non-Federal share of 

23 project costs are provided from amounts received 

24 under a service agreement with a State or local 

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1 ganization pursuant to section 5307(d)(3)(E) or 

2 section 5311(g)(3)(C); 

3 ‘‘(B) provided to a recipient or subrecipient 

4 whose sole receipt of such assistance derives from 

5 section 5310; or 

6 ‘‘(C) provided to a recipient operating a 

7 fixed route service that is— 

8 ‘‘(i) for a period of less than 30 days; 

9 ‘‘(ii) accessible to the public; 

10 ‘‘(iii) contracted by a local government 

11 entity that provides local cost share to the 

12 recipient; and 

13 ‘‘(iv) not contracted for the purposes of 

14 a convention or on behalf of a convention 

15 and visitors bureau. 

16 ‘‘(4) GUIDELINES.—The Secretary shall publish 

17 guidelines for grant recipients and private bus opera18 tors that clarify when and how a transit agency may 

19 provide the service in the event a registered charter 

20 provider does not contact the customer, provide a 

21 quote, or provide the service.’’; 

22 (2) in subsection (h)— 

23 (A) in paragraph (1) by adding ‘‘or’’ at the 

24 end; and 


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1 (B) by striking paragraph (2) and redesig2 nating paragraph (3) as paragraph (2); 

3 (3) by striking subsection (j) and inserting the 

4 following: 

5 ‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

7 that an individual who believes that he or she, or a 

8 specific class in which the individual belongs, has 

9 been subjected to discrimination on the basis of dis10 ability by a State or local governmental entity, pri11 vate nonprofit organization, or Tribe that operates a 

12 public transportation service and is a recipient or 

13 subrecipient of funds under this chapter, may, by the 

14 individual or by an authorized representative, file a 

15 complaint with the Department of Transportation. 

16 ‘‘(2) PROCEDURES.—Not later than 1 year after 

17 the date of enactment of the INVEST in America Act, 

18 the Secretary shall implement procedures that allow 

19 an individual to submit a complaint described in 

20 paragraph (1) by phone, mail-in form, and online 

21 through the website of the Office of Civil Rights of the 

22 Federal Transit Administration. 

23 ‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL24 ITIES.—Not later than 12 months after the date of en25 actment of the INVEST in America Act, the Secretary 


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1 shall require that each public transit provider and 

2 contractor providing paratransit services shall in3 clude on a publicly available website of the service 

4 provider, any related mobile device application, and 

5 online service— 

6 ‘‘(A) notice that an individual can file a 

7 disability-related complaint with the local tran8 sit agency and the process and any timelines for 

9 filing such a complaint; 

10 ‘‘(B) the telephone number, or a comparable 

11 electronic means of communication, for the dis12 ability assistance hotline of the Office of Civil 

13 Rights of the Federal Transit Administration; 

14 ‘‘(C) notice that a consumer can file a dis15 ability related complaint with the Office of Civil 

16 Rights of the Federal Transit Administration; 

17 and 

18 ‘‘(D) an active link to the website of the Of19 fice of Civil Rights of the Federal Transit Ad20 ministration for an individual to file a dis21 ability-related complaint. 

22 ‘‘(4) INVESTIGATION OF COMPLAINTS.—Not later 

23 than 60 days after the last day of each fiscal year, 

24 the Secretary shall publish a report that lists the disVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00702 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 position of complaints described in paragraph (1), in2 cluding— 

3 ‘‘(A) the number and type of complaints 

4 filed with Department of Transportation; 

5 ‘‘(B) the number of complaints investigated 

6 by the Department; 

7 ‘‘(C) the result of the complaints that were 

8 investigated by the Department including wheth9 er the complaint was resolved— 

10 ‘‘(i) informally; 

11 ‘‘(ii) by issuing a violation through a 

12 noncompliance Letter of Findings; or 

13 ‘‘(iii) by other means, which shall be 

14 described; and 

15 ‘‘(D) if a violation was issued for a com16 plaint, whether the Department resolved the non17 compliance by— 

18 ‘‘(i) reaching a voluntary compliance 

19 agreement with the entity; 

20 ‘‘(ii) referring the matter to the Attor21 ney General; or 

22 ‘‘(iii) by other means, which shall be 

23 described. 

24 ‘‘(5) REPORT.—The Secretary shall, upon imple25 mentation of this section and annually thereafter, 


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1 submit to the Committee on Transportation and In2 frastructure of the House of Representatives, the Com3 mittee on Banking, Housing, and Urban Affairs of 

4 the Senate, and make publicly available a report con5 taining the information collected under this section.’’; 

6 (4) by striking subsection (m) and inserting the 

7 following: 

8 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF

9 ROLLING STOCK PURCHASES.—The Secretary shall pre10 scribe regulations requiring a preaward and postdelivery 

11 review of a grant under this chapter to buy rolling stock 

12 to ensure compliance with bid specifications requirements 

13 of grant recipients under this chapter. Under this sub14 section, grantee inspections and review are required, and 

15 a manufacturer certification is not sufficient.’’; and 

16 (5) by amending subsection (r) to read as fol17 lows: 

18 ‘‘(r) REASONABLE ACCESS TO PUBLIC TRANSPOR19 TATION FACILITIES.— 

20 ‘‘(1) IN GENERAL.—A recipient of assistance 

21 under this chapter— 

22 ‘‘(A) may not deny reasonable access for a 

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1 cilities, including intermodal facilities, park and 

2 ride lots, and bus-only highway lanes; and 

3 ‘‘(B) shall respond to any request for rea4 sonable access within 75 days of the receipt of 

5 the request and, if a recipient of assistance under 

6 this chapter denies access to a private intercity 

7 or charter transportation operator based on the 

8 reasonable access standards, provide, in writing, 

9 the reasons for the denial. 

10 ‘‘(2) DETERMINING REASONABLE ACCESS.—In 

11 determining reasonable access under paragraph 

12 (1)(A), capacity requirements of the recipient of as13 sistance and the extent to which access would be detri14 mental or beneficial to existing public transportation 

15 services must be considered and demographic makeup 

16 of the riders of a private intercity or charter trans17 portation operator may not be cited as a detriment 

18 to the provision of access. 

19 ‘‘(3) NOTIFICATION.—If a private intercity or 

20 charter transportation operator requesting access 

21 under this subsection is denied such access by a re22 cipient of assistance under this chapter or does not re23 ceive a written response within 75 days of submitting 

24 the request, such operator may notify the Secretary 


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1 for purposes of inclusion in the report under para2 graph (4). 

3 ‘‘(4) REPORT TO CONGRESS.—The Secretary 

4 shall annually submit to the Committee on Transpor5 tation and Infrastructure of the House of Representa6 tives and the Committee on Banking, Housing, and 

7 Urban Affairs of the Senate a report listing each in8 stance reported under paragraph (3) in which— 

9 ‘‘(A) a private intercity or charter trans10 portation operator requested reasonable access 

11 and was denied, and the reasons provided by the 

12 recipient of assistance under this chapter for the 

13 denial; and 

14 ‘‘(B) a recipient of assistance under this 

15 chapter did not respond to a request for reason16 able access within 75 days.’’. 

17 SEC. 2104. MISCELLANEOUS PROVISIONS. 

18 (a) STATE OF GOOD REPAIR GRANTS.—Section 

19 5337(e) of title 49, United States Code, is amended by add20 ing at the end the following: 

21 ‘‘(3) ACCESSIBILITY COSTS.—Notwithstanding 

22 paragraph (1), the Federal share of the net project 

23 cost of a project to provide accessibility improvements 

24 consistent with standards in compliance with the 


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1 Americans with Disabilities Act of 1990 (42 U.S.C. 

2 12101 et seq.) shall be 90 percent.’’. 

3 (b) APPORTIONMENTS BASED ON GROWING STATES

4 AND HIGH DENSITY STATES FORMULA FACTORS.—Section 

5 5340(a) of title 49, United States Code, is amended by in6 serting ‘‘and the District of Columbia’’ after ‘‘United 

7 States’’. 

8 (c) TECHNICAL ASSISTANCE AND WORKFORCE DEVEL9 OPMENT.—Section 5314 of title 49, United States Code, is 

10 amended— 

11 (1) in subsection (a)(1)(B)— 

12 (A) in clause (i) by striking ‘‘; and’’ and 

13 inserting a semicolon; 

14 (B) in clause (ii) by striking ‘‘and vehicle 

15 electronics.’’ and inserting ‘‘cybersecurity and 

16 mitigating the threat of ransomware, and vehicle 

17 electronics; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(iii) technical assistance to assist re20 cipients with the impacts of a new census 

21 count.’’; 

22 (2) in subsection (a)(2)— 

23 (A) by redesignating subparagraphs (H) 

24 and (I) as subparagraphs (J) and (K), respec25 tively; and 


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1 (B) by inserting after subparagraph (G) the 

2 following: 

3 ‘‘(H) cybersecurity and mitigating the 

4 threat of ransomware;’’; 

5 (3) in subsection (b)(1)(B) by striking ‘‘females’’ 

6 and inserting ‘‘women’’; and 

7 (4) in subsection (c)(4)(A) by inserting ‘‘, and 

8 not more than 2 percent of amounts under 5311,’’ 

9 after ‘‘5339’’. 

10 (d) NATIONAL TRANSIT DATABASE.—Section 5335 of 

11 title 49, United States Code, is amended— 

12 (1) in subsection (a) by inserting ‘‘, including 

13 information on transit routes and ridership on those 

14 routes’’ after ‘‘public sector investment decision’’; and 

15 (2) in subsection (c) by inserting ‘‘, any data on 

16 each assault on a transit worker, and pedestrian inju17 ries and fatalities as a result of an impact with a 

18 bus. Each of the data sets shall be publicly reported 

19 without aggregating the data with other safety data’’ 

20 after ‘‘by the recipient’’. 

21 (e) URBANIZED AREA FORMULA GRANTS.—Section 

22 5307 of title 49, United States Code, is amended— 

23 (1) in subsection (a)(2)(A)— 

24 (A) in clause (i) by striking ‘‘or’’ at the 

25 end; and 


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

2 ‘‘(iii) operate a minimum of 101 buses 

3 and a maximum of 125 buses in fixed route 

4 service or demand response service, exclud5 ing ADA complementary paratransit serv6 ice, during peak service hours, in an 

7 amount not to exceed 25 percent of the share 

8 of the apportionment which is attributable 

9 to such systems within the urbanized area, 

10 as measured by vehicle revenue hours; or’’; 

11 (2) in subsection (a)(2)(B)— 

12 (A) in clause (i) by striking ‘‘or’’ at the 

13 end; 

14 (B) in clause (ii) by striking the period at 

15 the end and inserting ‘‘; or’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(iii) operate a minimum of 101 buses 

18 and a maximum of 125 buses in fixed route 

19 service or demand response service, exclud20 ing ADA complementary paratransit serv21 ice, during peak service hours, in an 

22 amount not to exceed 25 percent of the share 

23 of the apportionment allocated to such sys24 tems within the urbanized area, as deter25 mined by the local planning process and inVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 cluded in the designated recipient’s final 

2 program of projects prepared under sub3 section (b).’’; and 

4 (3) in subsection (b)— 

5 (A) in paragraph (6) by striking ‘‘and’’ at 

6 the end; 

7 (B) by redesignating paragraph (7) as 

8 paragraph (8); and 

9 (C) by inserting after paragraph (6) the fol10 lowing: 

11 ‘‘(7) ensure that the proposed program of projects 

12 provides improved access to transit for the individ13 uals described in section 5336(j); and’’. 

14 (f) TECHNICAL CORRECTION.—Section 

15 5307(a)(2)(B)(ii) of title 49, United States Code, is amend16 ed by striking ‘‘service during peak’’ and inserting ‘‘service, 

17 during peak’’. 

18 (g) TRANSPORTATION DEVELOPMENT CREDITS AS

19 LOCAL MATCH.— 

20 (1) SECTION 5307.—Section 5307(d)(3) of title 

21 49, United States Code, is amended— 

22 (A) in subparagraph (D) by striking ‘‘; 

23 and’’ and inserting a semicolon; 

24 (B) in subparagraph (E) by striking the pe25 riod and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(F) transportation development credits.’’. 

3 (2) SECTION 5309.—Section 5309 of title 49, 

4 United States Code, is amended— 

5 (A) in subsection (f) by adding at the end 

6 the following: 

7 ‘‘(3) TRANSPORTATION DEVELOPMENT CRED8 ITS.—For purposes of assessments and determinations 

9 under this subsection or subsection (h), transportation 

10 development credits that are included as a source of 

11 local financing or match shall be treated the same as 

12 other sources of local financing.’’; and 

13 (B) in subsection (l)(4)— 

14 (i) in subparagraph (B) by striking ‘‘; 

15 or’’ and inserting a semicolon; 

16 (ii) in subparagraph (C) by striking 

17 the period and inserting a semicolon; and 

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

20 ‘‘(D) transportation development credits; 

21 or’’. 

22 (3) SECTION 5339.—Section 5339(a)(7)(B) of title 

23 49, United States Code, is amended— 

24 (A) in clause (iv) by striking ‘‘; or’’ and in25 serting a semicolon; 


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1 (B) in clause (v) by striking the period and 

2 inserting ‘‘; or’’; and 

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

4 ‘‘(vi) transportation development cred5 its.’’. 

6 (h) CLARIFICATION OF INCIDENTAL USE.—Section 

7 5310(b)(7) of title 49, United States Code, is amended— 

8 (1) in the header by inserting ‘‘AND INCIDENTAL

9 USE’’ after ‘‘INDIVIDUALS’’; 

10 (2) by inserting ‘‘or providing other incidental 

11 services’’ after ‘‘individuals’’; and 

12 (3) by striking ‘‘delivery service does not con13 flict’’ and inserting ‘‘service does not conflict’’. 

14 SEC. 2105. POLICIES AND PURPOSES. 

15 Section 5301(b) of title 49, United States Code, is 

16 amended— 

17 (1) in paragraph (7) by striking ‘‘; and’’ and in18 serting a semicolon; 

19 (2) in paragraph (8) by striking the period and 

20 inserting a semicolon; and 

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

22 ‘‘(9) reduce the contributions of the surface 

23 transportation system to the total carbon pollution of 

24 the United States; and 


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1 ‘‘(10) improve the resiliency of the public trans2 portation network to withstand weather events and 

3 other natural disasters.’’. 

4 SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS. 

5 For fiscal years 2022 and 2023, the Secretary of 

6 Transportation shall apportion and distribute formula 

7 funds provided for under chapter 53 of title 49, United 

8 States Code, using data submitted to the 2019 National 

9 Transit Database. 

10 SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING. 

11 Section 5303 of title 49, United States Code, is further 

12 amended— 

13 (1) by amending subsection (a)(1) to read as fol14 lows: 

15 ‘‘(1) to encourage and promote the safe and effi16 cient management, operation, and development of sur17 face transportation systems that will serve the mobil18 ity needs of people and freight, foster economic growth 

19 and development within and between States and ur20 banized areas, and take into consideration resiliency 

21 and climate change adaptation needs while reducing 

22 transportation-related fuel consumption, air pollu23 tion, and greenhouse gas emissions through metropoli24 tan and statewide transportation planning processes 

25 identified in this chapter; and’’. 


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1 (2) in subsection (b)— 

2 (A) by redesignating paragraphs (6) and 

3 (7) as paragraphs (7) and (8), respectively; and 

4 (B) by inserting after paragraph (5) the fol5 lowing: 

6 ‘‘(6) STIP.—The term ‘STIP’ means a statewide 

7 transportation improvement program developed by a 

8 State under section 135(g).’’; 

9 (3) in subsection (c)— 

10 (A) in paragraph (1) by striking ‘‘and 

11 transportation improvement programs’’ and in12 serting ‘‘and TIPs’’; and 

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

14 ‘‘(4) CONSIDERATION.—In developing the plans 

15 and TIPs, metropolitan planning organizations shall 

16 consider direct and indirect emissions of greenhouse 

17 gases.’’; 

18 (4) in subsection (d)— 

19 (A) in paragraph (2) by striking ‘‘Not later 

20 than 2 years after the date of enactment of the 

21 Federal Public Transportation Act of 2012, 

22 each’’ and inserting ‘‘Each’’; 

23 (B) in paragraph (3) by adding at the end 

24 the following: 


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1 ‘‘(D) EQUITABLE AND PROPORTIONAL REP2 RESENTATION.— 

3 ‘‘(i) IN GENERAL.—In designating offi4 cials or representatives under paragraph 

5 (2), the metropolitan planning organization 

6 shall ensure the equitable and proportional 

7 representation of the population of the met8 ropolitan planning area. 

9 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 

10 this paragraph shall require a metropolitan 

11 planning organization in existence on the 

12 date of enactment of this subparagraph to 

13 be restructured. 

14 ‘‘(iii) REDESIGNATION.—Notwith15 standing clause (ii), the requirements of this 

16 paragraph shall apply to any metropolitan 

17 planning organization redesignated under 

18 paragraph (6).’’; 

19 (C) in paragraph (6)(B) by striking ‘‘para20 graph (2)’’ and inserting ‘‘paragraphs (2) or 

21 (3)(D)’’; and 

22 (D) in paragraph (7)— 

23 (i) by striking ‘‘an existing metropoli24 tan planning area’’ and inserting ‘‘an ur25 banized area’’; and 


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1 (ii) by striking ‘‘the existing metropoli2 tan planning area’’ and inserting ‘‘the 

3 area’’; 

4 (5) in subsection (g)— 

5 (A) in paragraph (1) by striking ‘‘a metro6 politan area’’ and inserting ‘‘an urbanized 

7 area’’; 

8 (B) in paragraph (2) by striking ‘‘MPOS’’ 

9 and inserting ‘‘METROPOLITAN PLANNING

10 AREAS’’ 

11 (C) in paragraph (3)(A) by inserting 

12 ‘‘emergency response and evacuation, climate 

13 change adaptation and resilience,’’ after ‘‘dis14 aster risk reduction,’’; and 

15 (D) by adding at the end the following: 

16 ‘‘(4) COORDINATION BETWEEN MPOS.— 

17 ‘‘(A) IN GENERAL.—If more than one met18 ropolitan planning organization is designated 

19 within an urbanized area under subsection 

20 (d)(7), the metropolitan planning organizations 

21 designated within the area shall ensure, to the 

22 maximum extent practicable, the consistency of 

23 any data used in the planning process, including 

24 information used in forecasting transportation 

25 demand. 


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1 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 

2 paragraph requires metropolitan planning orga3 nizations designated within a single urbanized 

4 area to jointly develop planning documents, in5 cluding a unified long-range transportation plan 

6 or unified TIP.’’; 

7 (6) in subsection (h)(1)— 

8 (A) by striking subparagraph (E) and in9 serting the following: 

10 ‘‘(E) protect and enhance the environment, 

11 promote energy conservation, reduce greenhouse 

12 gas emissions, improve the quality of life and 

13 public health, and promote consistency between 

14 transportation improvements and State and 

15 local planned growth and economic development 

16 patterns, including housing and land use pat17 terns;’’; 

18 (B) in subparagraph (H) by striking ‘‘and’’ 

19 at the end; 

20 (C) in subparagraph (I) by striking the pe21 riod at the end and inserting ‘‘and reduce or 

22 mitigate stormwater, sea level rise, extreme 

23 weather, and climate change impacts of surface 

24 transportation;’’; and 


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1 (D) by inserting after subparagraph (I) the 

2 following: 

3 ‘‘(J) support emergency management, re4 sponse, and evacuation and hazard mitigation; 

5 ‘‘(K) improve the level of transportation 

6 system access; and 

7 ‘‘(L) support inclusive zoning policies and 

8 land use planning practices that incentivize af9 fordable, elastic, and diverse housing supply, fa10 cilitate long-term economic growth by improving 

11 the accessibility of housing to jobs, and prevent 

12 high housing costs from displacing economically 

13 disadvantaged households.’’; 

14 (7) in subsection (h)(2) by striking subpara15 graph (A) and inserting the following: 

16 ‘‘(A) IN GENERAL.—Through the use of a 

17 performance-based approach, transportation in18 vestment decisions made as a part of the metro19 politan transportation planning process shall 

20 support the national goals described in section 

21 150(b) of title 23, the achievement of metropoli22 tan and statewide targets established under sec23 tion 150(d) of title 23, the improvement of trans24 portation system access (consistent with section 


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1 150(f)) of title 23, and the general purposes de2 scribed in section 5301 of this title.’’; 

3 (8) in subsection (i)— 

4 (A) in paragraph (2)(D)(i) by inserting 

5 ‘‘reduce greenhouse gas emissions and’’ before 

6 ‘‘restore and maintain’’; 

7 (B) in paragraph (2)(G) by inserting ‘‘and 

8 climate change’’ after ‘‘infrastructure to natural 

9 disasters’’; 

10 (C) in paragraph (2)(H) by inserting 

11 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 

12 (D) in paragraph (5)— 

13 (i) in subparagraph (A) by inserting 

14 ‘‘air quality, public health, housing, trans15 portation, resilience, hazard mitigation, 

16 emergency management,’’ after ‘‘conserva17 tion,’’; and 

18 (ii) by striking subparagraph (B) and 

19 inserting the following: 

20 ‘‘(B) ISSUES.—The consultation shall in21 volve, as appropriate, comparison of transpor22 tation plans to other relevant plans, including, if 

23 available— 

24 ‘‘(i) State conservation plans or maps; 

25 and 


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1 ‘‘(ii) inventories of natural or historic 

2 resources.’’; and 

3 (E) by amending paragraph (6)(C) to read 

4 as follows: 

5 ‘‘(C) METHODS.— 

6 ‘‘(i) IN GENERAL.—In carrying out 

7 subparagraph (A), the metropolitan plan8 ning organization shall, to the maximum 

9 extent practicable— 

10 ‘‘(I) hold any public meetings at 

11 convenient and accessible locations and 

12 times; 

13 ‘‘(II) employ visualization tech14 niques to describe plans; and 

15 ‘‘(III) make public information 

16 available in electronically accessible 

17 format and means, such as the inter18 net, as appropriate to afford reasonable 

19 opportunity for consideration of public 

20 information under subparagraph (A). 

21 ‘‘(ii) ADDITIONAL METHODS.—In addi22 tion to the methods described in clause (i), 

23 in carrying out subparagraph (A), the met24 ropolitan planning organization shall, to 

25 the maximum extent practicable— 


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1 ‘‘(I) use virtual public involve2 ment, social media, and other web3 based tools to encourage public partici4 pation and solicit public feedback; and 

5 ‘‘(II) use other methods, as appro6 priate, to further encourage public par7 ticipation of historically underrep8 resented individuals in the transpor9 tation planning process.’’; 

10 (9) in subsection (j) by striking ‘‘transportation 

11 improvement program’’ and inserting ‘‘TIP’’ each 

12 place it appears; and 

13 (10) by striking ‘‘Federally’’ each place it ap14 pears and inserting ‘‘federally’’. 

15 SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANS16 PORTATION PLANNING. 

17 Section 5304 of title 49, United States Code, is amend18 ed— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1) by striking ‘‘statewide 

21 transportation improvement program’’ and in22 serting ‘‘STIP’’; 

23 (B) in paragraph (2)— 


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1 (i) by striking ‘‘The statewide trans2 portation plan and the’’ and inserting the 

3 following: 

4 ‘‘(A) IN GENERAL.—The statewide transpor5 tation plan and the’’; 

6 (ii) by striking ‘‘transportation im7 provement program’’ and inserting ‘‘STIP’’; 

8 and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(B) CONSIDERATION.—In developing the 

12 statewide transportation plans and STIPs, 

13 States shall consider direct and indirect emis14 sions of greenhouse gases.’’; and 

15 (C) in paragraph (3) by striking ‘‘transpor16 tation improvement program’’ and inserting 

17 ‘‘STIP’’; 

18 (2) in subsection (d)— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (E)— 

21 (I) by inserting ‘‘reduce green22 house gas emissions,’’ after ‘‘promote 

23 energy conservation,’’; 


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1 (II) by inserting ‘‘and public 

2 health’’ after ‘‘improve the quality of 

3 life’’; and 

4 (III) by inserting ‘‘, including 

5 housing and land use patterns’’ after 

6 ‘‘economic development patterns’’; 

7 (ii) in subparagraph (H) by striking 

8 ‘‘and’’; 

9 (iii) in subparagraph (I) by striking 

10 the period at the end and inserting ‘‘and re11 duce or mitigate stormwater, sea level rise, 

12 extreme weather, and climate change im13 pacts of surface transportation;’’; and 

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

15 ‘‘(J) facilitate emergency management, re16 sponse, and evacuation and hazard mitigation; 

17 ‘‘(K) improve the level of transportation 

18 system access; and 

19 ‘‘(L) support inclusive zoning policies and 

20 land use planning practices that incentivize af21 fordable, elastic, and diverse housing supply, fa22 cilitate long-term economic growth by improving 

23 the accessibility of housing to jobs, and prevent 

24 high housing costs from displacing economically 

25 disadvantaged households.’’; 


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1 (B) in paragraph (2)— 

2 (i) by striking subparagraph (A) and 

3 inserting the following: 

4 ‘‘(A) IN GENERAL.—Through the use of a 

5 performance-based approach, transportation in6 vestment decisions made as a part of the state7 wide transportation planning process shall sup8 port— 

9 ‘‘(i) the national goals described in sec10 tion 150(b) of title 23; 

11 ‘‘(ii) the consideration of transpor12 tation system access (consistent with section 

13 150(f) of title 23); 

14 ‘‘(iii) the achievement of statewide tar15 gets established under section 150(d) of title 

16 23; and 

17 ‘‘(iv) the general purposes described in 

18 section 5301 of this title.’’; and 

19 (ii) in subparagraph (D) by striking 

20 ‘‘statewide transportation improvement pro21 gram’’ and inserting ‘‘STIP’’; and 

22 (C) in paragraph (3) by striking ‘‘statewide 

23 transportation improvement program’’ and in24 serting ‘‘STIP’’; 


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1 (3) in subsection (e)(3) by striking ‘‘transpor2 tation improvement program’’ and inserting ‘‘STIP’’; 

3 (4) in subsection (f)— 

4 (A) in paragraph (2)(D)— 

5 (i) in clause (i) by inserting ‘‘air qual6 ity, public health, housing, transportation, 

7 resilience, hazard mitigation, emergency 

8 management,’’ after ‘‘conservation,’’; and 

9 (ii) by amending clause (ii) to read as 

10 follows: 

11 ‘‘(ii) COMPARISON AND CONSIDER12 ATION.—Consultation under clause (i) shall 

13 involve the comparison of transportation 

14 plans to other relevant plans and inven15 tories, including, if available— 

16 ‘‘(I) State and tribal conservation 

17 plans or maps; and 

18 ‘‘(II) inventories of natural or 

19 historic resources.’’; 

20 (B) in paragraph (3)(B)— 

21 (i) by striking ‘‘In carrying out’’ and 

22 inserting the following: 

23 ‘‘(i) IN GENERAL.—in carrying out’’; 


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1 (ii) by redesignating clauses (i) 

2 through (iv) as subclauses (I) through (IV), 

3 respectively; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(ii) ADDITIONAL METHODS.—In addi7 tion to the methods described in clause (i), 

8 in carrying out subparagraph (A), the State 

9 shall, to the maximum extent practicable— 

10 ‘‘(I) use virtual public involve11 ment, social media, and other web12 based tools to encourage public partici13 pation and solicit public feedback; and 

14 ‘‘(II) use other methods, as appro15 priate, to further encourage public par16 ticipation of historically underrep17 resented individuals in the transpor18 tation planning process.’’; 

19 (C) in paragraph (4)(A) by inserting ‘‘re20 duce greenhouse gas emissions and’’ after ‘‘poten21 tial to’’; and 

22 (D) in paragraph (8) by inserting ‘‘includ23 ing consideration of the role that intercity buses 

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1 tion in a cost-effective manner and strategies 

2 and investments that preserve and enhance inter3 city bus systems, including systems that are pri4 vately owned and operated’’ after ‘‘transpor5 tation system’’; 

6 (5) in subsection (g)— 

7 (A) in paragraph (1)(A) by striking ‘‘state8 wide transportation improvement program’’ and 

9 inserting ‘‘STIP’’; 

10 (B) in paragraph (5)— 

11 (i) in subparagraph (A) by striking 

12 ‘‘transportation improvement program’’ 

13 and inserting ‘‘STIP’’; 

14 (ii) in subparagraph (B)(ii) by strik15 ing ‘‘metropolitan transportation improve16 ment program’’ and inserting ‘‘TIP’’; 

17 (iii) in subparagraph (C) by striking 

18 ‘‘transportation improvement program’’ 

19 and inserting ‘‘STIP’’ each place it ap20 pears; 

21 (iv) in subparagraph (E) by striking 

22 ‘‘transportation improvement program’’ 

23 and inserting ‘‘STIP’’; 

24 (v) in subparagraph (F)(i) by striking 

25 ‘‘transportation improvement program’’ 


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1 and inserting ‘‘STIP’’ each place it ap2 pears; 

3 (vi) in subparagraph (G)(ii) by strik4 ing ‘‘transportation improvement program’’ 

5 and inserting ‘‘STIP’’; and 

6 (vii) in subparagraph (H) by striking 

7 ‘‘transportation improvement program’’ 

8 and inserting ‘‘STIP’’; 

9 (C) in paragraph (6)— 

10 (i) in subparagraph (A)— 

11 (I) by striking ‘‘transportation 

12 improvement program’’ and inserting 

13 ‘‘STIP’’; and 

14 (II) by striking ‘‘and projects car15 ried out under the bridge program or 

16 the Interstate maintenance program 

17 under title 23’’; and 

18 (ii) in subparagraph (B)— 

19 (I) by striking ‘‘or under the 

20 bridge program or the Interstate main21 tenance program’’; and 

22 (II) by striking ‘‘statewide trans23 portation improvement program’’ and 

24 inserting ‘‘STIP’’; 

25 (D) in paragraph (7)— 


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1 (i) in the heading by striking ‘‘TRANS2 PORTATION IMPROVEMENT PROGRAM’’ and 

3 inserting ‘‘STIP’’; and 

4 (ii) by striking ‘‘transportation im5 provement program’’ and inserting ‘‘STIP’’; 

6 (E) in paragraph (8) by striking ‘‘statewide 

7 transportation plans and programs’’ and insert8 ing ‘‘statewide transportation plans and STIPs’’; 

9 and 

10 (F) in paragraph (9) by striking ‘‘transpor11 tation improvement program’’ and inserting 

12 ‘‘STIP’’; 

13 (6) in subsection (h)(2)(A) by striking ‘‘Not later 

14 than 5 years after the date of enactment of the Fed15 eral Public Transportation Act of 2012,’’ and insert16 ing ‘‘Not less frequently than once every 4 years,’’; 

17 (7) in subsection (j) by striking ‘‘transportation 

18 improvement program’’ and inserting ‘‘STIP’’ each 

19 place it appears; and 

20 (8) in subsection (l) by striking ‘‘transportation 

21 improvement programs’’ and inserting ‘‘STIPs’’. 

22 SEC. 2109. OBLIGATION LIMITATION. 

23 Notwithstanding any other provision of law, the total 

24 of all obligations from amounts made available from the 

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1 section (a) of section 5338 of title 49, United States Code, 

2 shall not exceed— 

3 (1) $17,894,460,367 for fiscal year 2023; 

4 (2) $18,201,940,770 for fiscal year 2024; 

5 (3) $18,551,676,708 for fiscal year 2025; and 

6 (4) $18,901,573,693 for fiscal year 2026. 

7 SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF 

8 FUNDS. 

9 Section 5324 of title 49, United States Code, is amend10 ed by adding at the end the following: 

11 ‘‘(f) IMPOSITION OF DEADLINE.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of law, the Secretary may not require any 

14 project funded pursuant to this section to advance to 

15 the construction obligation stage before the date that 

16 is the last day of the sixth fiscal year after the later 

17 of— 

18 ‘‘(A) the date on which the Governor de19 clared the emergency, as described in subsection 

20 (a)(2); or 

21 ‘‘(B) the date on which the President de22 clared a major disaster, as described in such sub23 section. 

24 ‘‘(2) EXTENSION OF DEADLINE.—If the Secretary 

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1 tion obligation stage pursuant to paragraph (1), the 

2 Secretary may, upon the request of the Governor of 

3 the State, issue an extension of not more than 1 year 

4 to complete such advancement, and may issue addi5 tional extensions after the expiration of any exten6 sion, if the Secretary determines the Governor of the 

7 State has provided suitable justification to warrant 

8 an extension.’’. 

9 SEC. 2111. CERTIFICATION REQUIREMENTS. 

10 The certification requirements described in section 

11 661.12 of title 49, Code of Federal Regulations, shall, after 

12 the date of enactment of this Act, include a certification 

13 that buses or other rolling stock (including train control, 

14 communication and traction power equipment) being pro15 cured do not contain or use any covered telecommunications 

16 equipment or services, as such term is defined by section 

17 889 of the John S. McCain National Defense Authorization 

18 Act for Fiscal Year 2019 (Public Law 115–232). 

19 SEC. 2112. HOLD HARMLESS. 

20 Notwithstanding any other provision of law, for fiscal 

21 years 2021 and 2022, the Secretary of Transportation shall 

22 allow project sponsors, at the request of such sponsor, to 

23 submit ridership and service data and projections collected 

24 before January 20, 2020 and projections based on that data 


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1 to determine project eligibility under section 5309 of title 

2 49, United States Code. 

3 SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANS4 PORTATION. 

5 (a) REPORT.—Not later than 1 year after the date of 

6 enactment of this Act, the Secretary of Transportation shall 

7 submit to Congress a report that includes— 

8 (1) a description of the challenges faced by each 

9 of the populations described in subsection (b) when 

10 riding public transportation; and 

11 (2) recommendations to improve the accessibility 

12 of federally-funded public transportation for the pop13 ulations described in subsection (b). 

14 (b) COVERED POPULATIONS.—The populations de15 scribed in subsection (a) shall be— 

16 (1) pregnant women; and 

17 (2) individuals living in areas of persistent pov18 erty, as such term is defined in section 172(l) of title 

19 23, United States Code, as added by this Act, and in20 dividuals that are unbanked or underbanked. 


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1 Subtitle B—Improving Frequency 

2 and Ridership 

3 SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND 

4 RIDERSHIP COMPETITIVE GRANTS. 

5 (a) IN GENERAL.—Chapter 53 of title 49, United 

6 States Code, is amended by inserting after section 5307 the 

7 following new section: 

8 ‘‘§ 5308. Multi-jurisdictional bus frequency and rider9 ship competitive grants 

10 ‘‘(a) IN GENERAL.—The Secretary shall make grants 

11 under this section, on a competitive basis, to eligible recipi12 ents to increase the frequency of bus service and the rider13 ship of public transit buses. 

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

15 this section, an eligible recipient shall submit to the Sec16 retary an application at such time, in such manner, and 

17 containing such information as the Secretary may require. 

18 ‘‘(c) APPLICATION TIMING.—Not later than 90 days 

19 after amounts are made available to carry out this section, 

20 the Secretary shall solicit grant applications from eligible 

21 recipients for projects described in subsection (d). 

22 ‘‘(d) USES OF FUNDS.—An eligible recipient of a 

23 grant under this section shall use such grant for transpor24 tation capital projects that— 

25 ‘‘(1) increase— 


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1 ‘‘(A) the frequency of bus service; 

2 ‘‘(B) bus ridership; and 

3 ‘‘(C) total person throughput; and 

4 ‘‘(2) are consistent with, and as described in, the 

5 design guidance issued by the National Association of 

6 City Transportation Officials and titled ‘Transit 

7 Street Design Guide’. 

8 ‘‘(e) GRANT CRITERIA.—In making grants under this 

9 section, the Secretary shall consider the following: 

10 ‘‘(1) Each eligible recipient’s projected increase 

11 in bus frequency. 

12 ‘‘(2) Each eligible recipient’s projected increase 

13 in bus ridership. 

14 ‘‘(3) Each eligible recipient’s projected increase 

15 in total person throughput. 

16 ‘‘(4) The degree of regional collaboration de17 scribed in each eligible recipient’s application, includ18 ing collaboration with— 

19 ‘‘(A) a local government entity that operates 

20 a public transportation service; 

21 ‘‘(B) local government agencies that control 

22 street design; 

23 ‘‘(C) metropolitan planning organizations 

24 (as such term is defined in section 5303); and 

25 ‘‘(D) State departments of transportation. 


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1 ‘‘(f) GRANT TIMING.—The Secretary shall award 

2 grants under this section not later than 120 days after the 

3 date on which the Secretary completes the solicitation de4 scribed in subsection (c). 

5 ‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car6 rying out the program under this section, the Secretary 

7 shall— 

8 ‘‘(1) not later than the date described in sub9 section (c), publish in the Federal Register a list of 

10 all metrics and evaluation procedures to be used in 

11 making grants under this section; and 

12 ‘‘(2) publish in the Federal Register— 

13 ‘‘(A) a summary of the final metrics and 

14 evaluations used in making grants under this 

15 section; and 

16 ‘‘(B) a list of the ratings of eligible recipi17 ents receiving a grant under this section based 

18 on such metrics and evaluations. 

19 ‘‘(h) FEDERAL SHARE.— 

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

21 of a project carried out under this section shall not 

22 exceed 80 percent. 

23 ‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The 

24 Secretary may make a grant for a project under this 


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1 section in an amount up to 150 percent of the 

2 amount— 

3 ‘‘(A) provided for such project under title 

4 23; and 

5 ‘‘(B) provided for such project from non6 Federal funds budgeted for roadways. 

7 ‘‘(i) REQUIREMENTS OF SECTION 5307.—Except as 

8 otherwise provided in this section, a grant under this sec9 tion shall be subject to the requirements of section 5307. 

10 ‘‘(j) AVAILABILITY OF FUNDS.— 

11 ‘‘(1) IN GENERAL.—Amounts made available to 

12 carry out this section shall remain available for 4 fis13 cal years after the fiscal year for which the amount 

14 was made available. 

15 ‘‘(2) UNOBLIGATED AMOUNTS.—After the expira16 tion of the period described in paragraph (1) for an 

17 amount made available to carry out this section, any 

18 unobligated amounts made available to carry out this 

19 section shall be added to the amounts made available 

20 for the following fiscal year. 

21 ‘‘(k) ELIGIBLE RECIPIENTS.—In this section, the term 

22 ‘eligible recipient’ means a recipient of a grant under sec23 tion 5307 in an urbanized area with a population greater 

24 than 500,000.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 53 of title 49, United States Code, is amended by inserting 

3 after the item relating to section 5307 the following new 

4 item: 

‘‘5308. Multi-jurisdictional bus frequency and ridership competitive grants.’’. 

5 SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FOR6 MULA. 

7 Section 5336 of title 49, United States Code, is amend8 ed— 

9 (1) in subsection (b)— 

10 (A) in paragraph (2)— 

11 (i) in subparagraph (A)— 

12 (I) in the matter preceding clause 

13 (i) by striking ‘‘95.61 percent’’ and in14 serting ‘‘95 percent’’; 

15 (II) in clause (i) by striking 

16 ‘‘95.61 percent’’ and inserting ‘‘95 per17 cent’’; and 

18 (III) in clause (ii) by striking 

19 ‘‘95.61 percent’’ and inserting ‘‘95 per20 cent’’; and 

21 (ii) in subparagraph (B)— 

22 (I) in the matter preceding clause 

23 (i) by striking ‘‘4.39 percent’’ and in24 serting ‘‘5 percent’’; 

25 (II) in clause (i)— 


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1 (aa) by inserting ‘‘in the 

2 highest 25 percent of routes by 

3 ridership’’ before ‘‘multiplied by’’; 

4 and 

5 (bb) by striking ‘‘vehicle pas6 senger miles traveled for each dol7 lar of operating cost in an area’’ 

8 and inserting ‘‘vehicles operating 

9 in peak revenue service per hour 

10 in the highest 25 percent of routes 

11 by ridership’’; and 

12 (III) in clause (ii)— 

13 (aa) by inserting ‘‘in the 

14 highest 25 percent of routes by 

15 ridership’’ before ‘‘multiplied by’’; 

16 and 

17 (bb) by striking ‘‘vehicle pas18 senger miles traveled for each dol19 lar of operating cost in all areas’’ 

20 and inserting ‘‘vehicles operating 

21 in peak revenue service per hour 

22 in the highest 25 percent of routes 

23 by ridership’’; and 

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


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1 ‘‘(3) SPECIAL RULE.—For fiscal years 2023 and 

2 2024, the percentage— 

3 ‘‘(A) in paragraph (2)(A) in the matter 

4 preceding clause (i) shall be treated as 100 per5 cent; and 

6 ‘‘(B) in paragraph (2)(B) in the matter 

7 preceding clause (i) shall be treated as 0 per8 cent.’’; 

9 (2) in subsection (c)— 

10 (A) in paragraph (1) by striking ‘‘90.8 per11 cent’’ and inserting ‘‘90 percent’’ each place it 

12 appears; 

13 (B) in paragraph (2)— 

14 (i) by striking ‘‘9.2 percent’’ and in15 serting ‘‘8 percent’’; 

16 (ii) by striking ‘‘200,000’’ and insert17 ing ‘‘500,000’’; 

18 (iii) by striking subparagraph (A) and 

19 inserting the following: 

20 ‘‘(A) the number of bus passenger miles 

21 traveled on the highest 25 percent of routes by 

22 ridership multiplied by the number of buses op23 erating in peak revenue service per hour on the 

24 highest 25 percent of routes by ridership; divided 

25 by’’; and 


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1 (iv) by striking subparagraph (B) and 

2 inserting the following: 

3 ‘‘(B) the total number of bus passenger 

4 miles traveled on the highest 25 percent of routes 

5 by ridership multiplied by the total number of 

6 buses operating in peak revenue service per hour 

7 on the highest 25 percent of routes by ridership 

8 in all areas.’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(3) Two percent of the total amount appor11 tioned under this subsection shall be apportioned so 

12 that each urbanized area with a population of at least 

13 200,000 and less than 500,000 is entitled to receive 

14 an amount using the formula in paragraph (1). 

15 ‘‘(4) For fiscal years 2023 and 2024, the percent16 age— 

17 ‘‘(A) in paragraph (1) in the matter pre18 ceding subparagraph (A) shall be treated as 100 

19 percent; 

20 ‘‘(B) in paragraph (2) in the matter pre21 ceding subparagraph (A) shall be treated as 0 

22 percent; and 

23 ‘‘(C) in paragraph (3) shall be treated as 0 

24 percent.’’; and 

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


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1 ‘‘(k) PEAK REVENUE SERVICE DEFINED.—In this sec2 tion, the term ‘peak revenue service’ means the time period 

3 between the time in the morning that an agency first ex4 ceeds the number of midday vehicles in revenue service and 

5 the time in the evening that an agency falls below the num6 ber of midday vehicles in revenue service.’’. 

7 SEC. 2203. MOBILITY INNOVATION. 

8 (a) IN GENERAL.—Chapter 53 of title 49, United 

9 States Code, is amended by inserting after section 5315 the 

10 following new section: 

11 ‘‘§ 5316. Mobility innovation 

12 ‘‘(a) IN GENERAL.—Amounts made available to a cov13 ered recipient to carry out sections 5307, 5310, and 5311 

14 may be used by such covered recipient under this section 

15 to assist in the financing of— 

16 ‘‘(1) mobility as a service; and 

17 ‘‘(2) mobility on demand services. 

18 ‘‘(b) FEDERAL SHARE.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graphs (2) and (3), the Federal share of the net cost 

21 of a project carried out under this section shall not 

22 exceed 70 percent. 

23 ‘‘(2) INSOURCING INCENTIVE.—Notwithstanding 

24 paragraph (1), the Federal share of the net cost of a 

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1 quest of the project sponsor, be increased by up to 10 

2 percent for mobility on demand service operated ex3 clusively by personnel employed by the recipient. 

4 ‘‘(3) ZERO EMISSION INCENTIVE.—Notwith5 standing paragraph (1), the Federal share of the net 

6 cost of a project described in paragraph (1) shall, at 

7 the request of the project sponsor, be increased by up 

8 to 10 percent if such project involves an eligible use 

9 that uses a vehicle that produces zero carbon dioxide 

10 or particulate matter. 

11 ‘‘(c) ELIGIBLE USES.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall publish 

13 guidance describing eligible activities that are dem14 onstrated to— 

15 ‘‘(A) increase transit ridership; 

16 ‘‘(B) be complementary to fixed route tran17 sit service; 

18 ‘‘(C) demonstrate meaningful improvements 

19 in— 

20 ‘‘(i) environmental metrics, including 

21 standards established pursuant to the Clean 

22 Air Act (42 U.S.C. 7401 et seq.) and green23 house gas performance targets established 

24 pursuant to section 150(d) of title 23; 

25 ‘‘(ii) traffic congestion; 


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1 ‘‘(iii) compliance with the require2 ments under the Americans with Disabil3 ities Act of 1990 (42 U.S.C. 12101 et seq.); 

4 ‘‘(iv) low-income service to increase ac5 cess to employment, healthcare, and other 

6 essential services; 

7 ‘‘(v) service during times of the day 

8 when regular transit service is not oper9 ating, as long as regular transit service 

10 hours are not reduced; 

11 ‘‘(vi) new service that operates in areas 

12 of lower density that are unserved or under13 served by regular transit service; 

14 ‘‘(vii) rural service; and 

15 ‘‘(viii) improvement in paratransit 

16 service quality. 

17 ‘‘(2) FARE COLLECTION MODERNIZATION.—In 

18 developing guidance referred to in this section, the 

19 Secretary shall ensure that— 

20 ‘‘(A) all costs associated with installing, 

21 modernizing, and managing fare collection, in22 cluding touchless payment systems, shall be con23 sidered eligible expenses under this title and sub24 ject to the applicable Federal share; and 


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1 ‘‘(B) such guidance includes guidance on 

2 how agencies shall provide unbanked and under3 banked users with an opportunity to benefit from 

4 mobility as a service platforms. 

5 ‘‘(3) PROHIBITION ON USE OF FUNDS.—Amounts 

6 used by a covered recipient for projects eligible under 

7 this section may not be used for— 

8 ‘‘(A) single passenger vehicle miles (in a 

9 passenger motor vehicle, as such term is defined 

10 in section 32101, that carries less than 9 pas11 sengers), unless the trip— 

12 ‘‘(i) meets the definition of public 

13 transportation; and 

14 ‘‘(ii) begins or completes a fixed route 

15 public transportation trip; 

16 ‘‘(B) deadhead vehicle miles; or 

17 ‘‘(C) any service considered a taxi service 

18 that operates under an exemption from testing 

19 requirements under section 5331. 

20 ‘‘(d) FEDERAL REQUIREMENTS.—A project carried out 

21 under this section shall be treated as if such project were 

22 carried out under the section from which the funds were 

23 provided to carry out such project, including the applica24 tion of any additional requirements provided for by law 

25 that apply to section 5307, 5310, or 5311, as applicable. 


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1 ‘‘(e) WAIVER.— 

2 ‘‘(1) INDIVIDUAL WAIVER.—Except as provided 

3 in paragraphs (2) and (3), the Secretary may waive 

4 any requirement applied to a project carried out 

5 under this section pursuant to subsection (d) if the 

6 Secretary determines that the project would— 

7 ‘‘(A) not undermine labor standards; 

8 ‘‘(B) increase employment opportunities of 

9 the recipient unless the Secretary determines that 

10 such a waiver does not affect employment oppor11 tunities; and 

12 ‘‘(C) be consistent with the public interest. 

13 ‘‘(2) WAIVER UNDER OTHER SECTIONS.—The 

14 Secretary may not waive any requirement under 

15 paragraph (1) for which a waiver is otherwise avail16 able. 

17 ‘‘(3) PROHIBITION OF WAIVER.—Notwith18 standing paragraph (1), the Secretary may not waive 

19 any requirement of— 

20 ‘‘(A) section 5333; 

21 ‘‘(B) section 5331; 

22 ‘‘(C) section 5302(14); and 

23 ‘‘(D) chapter 53 that establishes a max24 imum Federal share for operating costs. 


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1 ‘‘(4) APPLICATION OF SECTION 5320.—Notwith2 standing paragraphs (1) and (2), the Secretary may 

3 only waive the requirements of section 5320 with re4 spect to— 

5 ‘‘(A) a passenger vehicle owned by an indi6 vidual; 

7 ‘‘(B) subsection (q) of such section for any 

8 passenger vehicle not owned by an individual for 

9 the period beginning on the date of enactment of 

10 this section and ending 3 years after such date; 

11 ‘‘(C) any shared micromobility device for 

12 the period beginning on the date of enactment of 

13 this section and ending on the date that is 3 

14 years after such date; and 

15 ‘‘(D) rolling stock that is part of a dedi16 cated fleet of vehicles for the provision of micro17 transit that is operated by, or exclusively on be18 half of, the covered recipient for the period begin19 ning on the date of enactment of this section and 

20 ending on the date that is 3 years after such 

21 date. 

22 ‘‘(5) LIMITATION.—A waiver issued under sub23 paragraphs (B), (C), or (D) of paragraph (4) may 

24 only be issued on an individual project basis at the 

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1 newed or extended beyond the initial 3-year period of 

2 the waiver. 

3 ‘‘(f) OPEN DATA STANDARDS.— 

4 ‘‘(1) IN GENERAL.—Not later than 90 days after 

5 the date of enactment of this section, the Secretary 

6 shall initiate procedures under subchapter III of 

7 chapter 5 of title 5 to develop an open data standard 

8 and an application programming interface necessary 

9 to carry out this section. 

10 ‘‘(2) REGULATIONS.—The regulations required 

11 under paragraph (1) shall require public transpor12 tation agencies, mobility on demand providers, mobil13 ity as a service technology providers, other non-gov14 ernment actors, and local governments the efficient 

15 means to transfer data to— 

16 ‘‘(A) foster the efficient use of transpor17 tation capacity; 

18 ‘‘(B) enhance the management of new modes 

19 of mobility; 

20 ‘‘(C) enable the use of innovative planning 

21 tools; 

22 ‘‘(D) enable single payment systems for all 

23 mobility on demand services; 

24 ‘‘(E) establish metropolitan planning orga25 nization, State, and local government access to 


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1 anonymized data for transportation planning, 

2 real time operations data, and rules; 

3 ‘‘(F) prohibit the transfer of personally 

4 identifiable information; 

5 ‘‘(G) protect confidential business informa6 tion; 

7 ‘‘(H) enhance cybersecurity protections; and 

8 ‘‘(I) allow data governance, including but 

9 not limited to licensing and terms of information 

10 sharing, periodic risk assessments, policies re11 garding data retention and information han12 dling policies, and anonymization techniques. 

13 ‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.— 

14 Any data received by an entity under this subsection 

15 may not be sold, leased, or otherwise used to generate 

16 profit, except for the direct provision of the related 

17 mobility on demand services and mobility as a serv18 ice. 

19 ‘‘(4) COMMITTEE.—A negotiated rulemaking 

20 committee established pursuant to section 565 of title 

21 5 to carry out this subsection shall have a maximum 

22 of 17 members limited to representatives of the De23 partment of Transportation, State and local govern24 ments, metropolitan planning organizations, urban 

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1 resent public transit agencies, representatives from at 

2 least 3 different organizations engaged in collective 

3 bargaining on behalf of transit workers in not fewer 

4 than 3 States, mobility on demand providers, and 

5 mobility as a service technology providers. 

6 ‘‘(5) PUBLICATION OF PROPOSED REGULA7 TIONS.—Proposed regulations to implement this sec8 tion shall be published in the Federal Register by the 

9 Secretary not later than 18 months after such date of 

10 enactment. 

11 ‘‘(6) EXTENSION OF DEADLINES.—A deadline set 

12 forth in paragraph (4) may be extended up to 180 

13 days if the negotiated rulemaking committee referred 

14 to in paragraph (5) concludes that the committee can15 not meet the deadline and the Secretary so notifies the 

16 Committee on Transportation and Infrastructure of 

17 the House of Representatives and the Committee on 

18 Banking, Housing, and Urban Affairs of the Senate. 

19 ‘‘(g) APPLICATION OF RECIPIENT VEHICLE REVENUE

20 MILES.—With respect to vehicle revenue miles with one pas21 senger of a covered recipient using amounts under this sec22 tion, such miles— 

23 ‘‘(1) shall be included in the National Transit 

24 Database under section 5335; and 


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1 ‘‘(2) shall be excluded from vehicle revenue miles 

2 data used in the calculation described in section 5336. 

3 ‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and sub4 section (g) shall not apply to any eligible activities under 

5 this section if such activities are— 

6 ‘‘(1) being carried out in compliance with the 

7 Americans with Disabilities Act of 1990 (42 U.S.C. 

8 12101 et seq.); or 

9 ‘‘(2) projects eligible under section 5310 that ex10 ceed the requirements of the Americans with Disabil11 ities Act of 1990 (42 U.S.C. 12101 et seq.). 

12 ‘‘(i) DEFINITIONS.—In this section: 

13 ‘‘(1) COVERED RECIPIENT.—The term ‘covered 

14 recipient’ means a State or local government entity, 

15 private nonprofit organization, or Tribe that— 

16 ‘‘(A) operates a public transportation serv17 ice; and 

18 ‘‘(B) is a recipient or subrecipient of funds 

19 under section 5307, 5310, or 5311. 

20 ‘‘(2) DEADHEAD VEHICLE MILES.—The term 

21 ‘deadhead vehicle miles’ means the miles that a vehi22 cle travels when out of revenue service, including leav23 ing or returning to the garage or yard facility, chang24 ing routes, when there is no expectation of carrying 


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1 revenue passengers, and any miles traveled by a pri2 vate operator without a passenger. 

3 ‘‘(3) MOBILITY AS A SERVICE.—The term ‘mobil4 ity as a service’ means services that constitute the in5 tegration of mobility on demand services and public 

6 transportation that are available and accessible to all 

7 travelers, provide multimodal trip planning, and a 

8 unified payment system. 

9 ‘‘(4) MOBILITY ON DEMAND.—The term ‘mobility 

10 on demand’ means an on-demand transportation 

11 service shared among individuals, either concurrently 

12 or one after another.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for chapter 

14 53 of title 49, United States Code, is amended by inserting 

15 after the item relating to section 5315 the following new 

16 item: 

‘‘5316. Mobility innovation.’’. 

17 (c) EFFECTIVE DATE.—This section and the amend18 ments made by this section shall take effect on the date on 

19 which the Secretary of Transportation has finalized both— 

20 (1) the guidance required under section 5316(c) 

21 of title 49, United States Code; and 

22 (2) the regulations required under section 

23 5316(f) of title 49, United States Code. 

24 (d) SAVINGS CLAUSE.—Nothing in this section, or the 

25 amendments made by this section, shall prohibit the use of 


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1 funds for an eligible activity or pilot project of a covered 

2 recipient authorized under the law in effect on the day be3 fore the date of enactment of this Act before the effective 

4 date described in subsection (c). 

5 SEC. 2204. FORMULA GRANTS FOR RURAL AREAS. 

6 Section 5311 of title 49, United States Code, is amend7 ed— 

8 (1) in subsection (b)— 

9 (A) in paragraph (2) by adding at the end 

10 the following: 

11 ‘‘(D) CENSUS DESIGNATION.—The Secretary 

12 may approve a State program that allocates not 

13 more than 5 percent of such State’s apportion14 ment to assist rural areas that were redesignated 

15 as urban areas not more than 2 fiscal years after 

16 the last census designation of urbanized area 

17 boundaries.’’; and 

18 (B) in paragraph (3) by striking ‘‘section 

19 5338(a)(2)(F)’’ and inserting ‘‘section 

20 5338(a)(2)(E)’’; 

21 (2) in subsection (c)— 

22 (A) in paragraph (1)— 

23 (i) in the matter preceding subpara24 graph (A) by striking ‘‘section 


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1 5338(a)(2)(F)’’ and inserting ‘‘section 

2 5338(a)(2)(E)’’; 

3 (ii) in subparagraph (A) by striking 

4 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; 

5 and 

6 (iii) in subparagraph (B) by striking 

7 ‘‘$30,000,000’’ and inserting ‘‘the amount 

8 remaining under section 5338(a)(2)(E)(i) 

9 after the amount under subparagraph (A) is 

10 distributed’’; 

11 (B) in paragraph (2)(C) by striking ‘‘sec12 tion 5338(a)(2)(F)’’ and inserting ‘‘section 

13 5338(a)(2)(E)’’; and 

14 (C) in paragraph (3)— 

15 (i) in subparagraph (A) by striking 

16 ‘‘section 5338(a)(2)(F)’’ and inserting ‘‘sec17 tion 5338(a)(2)(E)’’; and 

18 (ii) by striking subparagraphs (B) and 

19 (C) and inserting the following: 

20 ‘‘(B) LAND AREA.— 

21 ‘‘(i) IN GENERAL.—Subject to clause 

22 (ii), each State shall receive an amount that 

23 is equal to 15 percent of the amount appor24 tioned under this paragraph, multiplied by 

25 the ratio of the land area in rural areas in 


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1 that State and divided by the land area in 

2 all rural areas in the United States, as 

3 shown by the most recent decennial census 

4 of population. 

5 ‘‘(ii) MAXIMUM APPORTIONMENT.—No 

6 State shall receive more than 5 percent of 

7 the amount apportioned under clause (i). 

8 ‘‘(C) POPULATION.—Each State shall re9 ceive an amount equal to 50 percent of the 

10 amount apportioned under this paragraph, mul11 tiplied by the ratio of the population of rural 

12 areas in that State and divided by the popu13 lation of all rural areas in the United States, as 

14 shown by the most recent decennial census of 

15 population. 

16 ‘‘(D) VEHICLE REVENUE MILES.— 

17 ‘‘(i) IN GENERAL.—Subject to clause 

18 (ii), each State shall receive an amount that 

19 is equal to 25 percent of the amount appor20 tioned under this paragraph, multiplied by 

21 the ratio of vehicle revenue miles in rural 

22 areas in that State and divided by the vehi23 cle revenue miles in all rural areas in the 

24 United States, as determined by national 

25 transit database reporting. 


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1 ‘‘(ii) MAXIMUM APPORTIONMENT.—No 

2 State shall receive more than 5 percent of 

3 the amount apportioned under clause (i). 

4 ‘‘(E) LOW-INCOME INDIVIDUALS.—Each 

5 State shall receive an amount that is equal to 10 

6 percent of the amount apportioned under this 

7 paragraph, multiplied by the ratio of low-income 

8 individuals in rural areas in that State and di9 vided by the number of low-income individuals 

10 in all rural areas in the United States, as shown 

11 by the Bureau of the Census.’’; 

12 (3) in subsection (f)— 

13 (A) in paragraph (1) by inserting ‘‘A State 

14 may expend funds to continue service into an15 other State to extend a route.’’ before ‘‘Eligible 

16 activities under’’; 

17 (B) in paragraph (2) by inserting ‘‘and 

18 makes the certification and supporting docu19 ments publicly available’’ before the period at the 

20 end; and 

21 (C) by adding at the end the following: 

22 ‘‘(3) MEANINGFUL CONNECTIONS.—All projects 

23 funded under this subsection shall directly serve, or 

24 make meaningful scheduled connections to, the na25 tional intercity bus network.’’; and 


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1 (4) in subsection (g) by adding at the end the 

2 following: 

3 ‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— 

4 ‘‘(A) APPLICABLE REGULATIONS.—For any 

5 funds provided by a department or agency of the 

6 Government under paragraph (3)(D) or by a 

7 service agreement under paragraph (3)(C), and 

8 such department or agency has regulations in 

9 place that provide for the valuation of volunteer 

10 hours as allowable in-kind contributions toward 

11 the non-Federal share of project costs, such regu12 lations shall be used to determine the allowable 

13 valuation of volunteer hours as an in-kind con14 tribution toward the non-Federal remainder of 

15 net project costs for a transit project funded 

16 under this section. 

17 ‘‘(B) LIMITATIONS.—Subparagraph (A) 

18 shall not apply to the provision of fixed-route 

19 bus services funded under this section.’’. 

20 SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. 

21 Section 5310 of title 49, United States Code, is amend22 ed by adding at the end the following: 

23 ‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— 

24 ‘‘(1) IN GENERAL.—Not later than 6 months 

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1 retary shall establish a one-stop paratransit competi2 tive grant program to encourage an extra stop in 

3 non-fixed route Americans with Disabilities Act of 

4 1990 (42 U.S.C. 12101 et seq.) service for a para5 transit rider to complete essential tasks. 

6 ‘‘(2) PREFERENCE.—The Secretary shall give 

7 preference to eligible recipients that— 

8 ‘‘(A) have comparable data for the year 

9 prior to implementation of the grant program 

10 and made available to the Secretary, academic 

11 and nonprofit organizations for research pur12 poses; and 

13 ‘‘(B) plan to use agency personnel to imple14 ment the pilot program. 

15 ‘‘(3) APPLICATION CRITERIA.—To be eligible to 

16 participate in the grant program, an eligible recipi17 ent shall submit to the Secretary an application con18 taining such information as the Secretary may re19 quire, including information on— 

20 ‘‘(A) locations the eligible entity intends to 

21 allow a stop at, if stops are limited, including— 

22 ‘‘(i) childcare or education facilities; 

23 ‘‘(ii) pharmacies; 

24 ‘‘(iii) grocery stores; and 

25 ‘‘(iv) bank or ATM locations; 


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1 ‘‘(B) methodology for informing the public 

2 of the grant program; 

3 ‘‘(C) vehicles, personnel, and other resources 

4 that will be used to implement the grant pro5 gram; 

6 ‘‘(D) if the applicant does not intend the 

7 grant program to apply to the full area under 

8 the jurisdiction of the applicant, a description of 

9 the geographic area in which the applicant in10 tends the grant program to apply; and 

11 ‘‘(E) the anticipated amount of increased 

12 operating costs. 

13 ‘‘(4) SELECTION.—The Secretary shall seek to 

14 achieve diversity of participants in the grant pro15 gram by selecting a range of eligible entities that in16 cludes at least— 

17 ‘‘(A) 5 eligible recipients that serve an area 

18 with a population of 50,000 to 200,000; 

19 ‘‘(B) 10 eligible recipients that serve an 

20 area with a population of over 200,000; and 

21 ‘‘(C) 5 eligible recipients that provide trans22 portation for rural communities. 

23 ‘‘(5) DATA-SHARING CRITERIA.—An eligible re24 cipient in this subsection shall provide data as the 

25 Secretary requires, which may include— 


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1 ‘‘(A) number of ADA paratransit trips con2 ducted each year; 

3 ‘‘(B) requested time of each paratransit 

4 trip; 

5 ‘‘(C) scheduled time of each paratransit 

6 trip; 

7 ‘‘(D) actual pickup time for each para8 transit trip; 

9 ‘‘(E) average length of a stop in the middle 

10 of a ride as allowed by this subsection; 

11 ‘‘(F) any complaints received by a para12 transit rider; 

13 ‘‘(G) rider satisfaction with paratransit 

14 services; and 

15 ‘‘(H) after the completion of the grant, an 

16 assessment by the eligible recipient of its capac17 ity to continue a one-stop program independ18 ently. 

19 ‘‘(6) REPORT.— 

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

21 make publicly available an annual report on the 

22 program carried out under this subsection for 

23 each fiscal year, not later than December 31 of 

24 the calendar year in which such fiscal year ends. 


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1 ‘‘(B) CONTENTS.—The report required 

2 under subparagraph (A) shall include a detailed 

3 description of the activities carried out under the 

4 program, and an evaluation of the program, in5 cluding an evaluation of the data shared by eli6 gible recipients under paragraph (5).’’. 

7 Subtitle C—Buy America and Other 

8 Procurement Reforms 

9 SEC. 2301. BUY AMERICA. 

10 (a) BUY AMERICA.— 

11 (1) IN GENERAL.—Chapter 53 of title 49, United 

12 States Code, is amended by inserting before section 

13 5321 the following: 

14 ‘‘§ 5320. Buy America 

15 ‘‘(a) IN GENERAL.—The Secretary may obligate an 

16 amount that may be appropriated to carry out this chapter 

17 for a project only if the steel, iron, and manufactured goods 

18 used in the project are produced in the United States. 

19 ‘‘(b) WAIVER.—The Secretary may waive subsection 

20 (a) if the Secretary finds that— 

21 ‘‘(1) applying subsection (a) would be incon22 sistent with the public interest; 

23 ‘‘(2) the steel, iron, and goods produced in the 

24 United States are not produced in a sufficient and 


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1 reasonably available amount or are not of a satisfac2 tory quality; 

3 ‘‘(3) when procuring rolling stock (including 

4 train control, communication, traction power equip5 ment, and rolling stock prototypes) under this chap6 ter— 

7 ‘‘(A) the cost of components and subcompo8 nents produced in the United States is more 

9 than 70 percent of the cost of all components of 

10 the rolling stock; and 

11 ‘‘(B) final assembly of the rolling stock has 

12 occurred in the United States; or 

13 ‘‘(4) including domestic material will increase 

14 the cost of the overall project by more than 25 percent. 

15 ‘‘(c) WRITTEN WAIVER DETERMINATION AND ANNUAL

16 REPORT.— 

17 ‘‘(1) WAIVER PROCEDURE.—Not later than 120 

18 days after the submission of a request for a waiver, 

19 the Secretary shall make a determination under sub20 section (b)(1), (b)(2), or (b)(4) as to whether to waive 

21 subsection (a). 

22 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 

23 ‘‘(A) IN GENERAL.—Not later than 30 days 

24 before making a determination regarding a 

25 waiver described in paragraph (1), the Secretary 


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1 shall provide notification and an opportunity for 

2 public comment on the request for such waiver. 

3 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 

4 notification required under subparagraph (A) 

5 shall— 

6 ‘‘(i) describe whether the application is 

7 being made for a waiver described in sub8 section (b)(1), (b)(2) or (b)(4); and 

9 ‘‘(ii) be provided to the public by elec10 tronic means, including on a public website 

11 of the Department of Transportation. 

12 ‘‘(3) DETERMINATION.—Before a determination 

13 described in paragraph (1) takes effect, the Secretary 

14 shall publish a detailed justification for such deter15 mination that addresses all public comments received 

16 under paragraph (2)— 

17 ‘‘(A) on the public website of the Depart18 ment of Transportation; and 

19 ‘‘(B) if the Secretary issues a waiver with 

20 respect to such determination, in the Federal 

21 Register. 

22 ‘‘(4) ANNUAL REPORT.—Annually, the Secretary 

23 shall submit to the Committee on Banking, Housing, 

24 and Urban Affairs of the Senate and the Committee 

25 on Transportation and Infrastructure of the House of 


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1 Representatives a report listing any waiver issued 

2 under paragraph (1) during the preceding year. 

3 ‘‘(d) ROLLING STOCK WAIVER CONDITIONS.— 

4 ‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In 

5 this section, highly skilled labor costs involved in final 

6 assembly shall be included as a separate component 

7 in the cost of components and subcomponents under 

8 subsection (b)(3)(A). 

9 ‘‘(2) HIGH DOMESTIC CONTENT COMPONENT

10 BONUS.—In this section, in calculating the domestic 

11 content of the rolling stock under subsection (b)(3)(A), 

12 the percent, rounded to the nearest whole number, of 

13 the domestic content in components of such rolling 

14 stock, weighted by cost, shall be used in calculating 

15 the domestic content of the rolling stock, except— 

16 ‘‘(A) with respect to components that ex17 ceed— 

18 ‘‘(i) 70 percent domestic content, the 

19 Secretary shall add 10 additional percent to 

20 the component’s domestic content when cal21 culating the domestic content of the rolling 

22 stock; and 

23 ‘‘(ii) 75 percent domestic content, the 

24 Secretary shall add 15 additional percent to 

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1 culating the domestic content of the rolling 

2 stock; and 

3 ‘‘(B) in no case may a component exceed 

4 100 percent domestic content when calculating 

5 the domestic content of the rolling stock. 

6 ‘‘(3) ROLLING STOCK FRAMES OR CAR SHELLS.— 

7 ‘‘(A) INCLUSION OF COSTS.—Subject to the 

8 substantiation requirement of subparagraph (B), 

9 in calculating the cost of the domestic content of 

10 the rolling stock under subsection (b)(3), in the 

11 case of a rolling stock procurement receiving as12 sistance under this chapter in which the average 

13 cost of a rolling stock vehicle in the procurement 

14 is more than $300,000, if rolling stock frames or 

15 car shells are not produced in the United States, 

16 the Secretary shall include in the calculation of 

17 the domestic content of the rolling stock the cost 

18 of the steel or iron that is produced in the 

19 United States and used in the rolling stock 

20 frames or car shells. 

21 ‘‘(B) SUBSTANTIATION.—If a rolling stock 

22 vehicle manufacturer wishes to include in the 

23 calculation of the vehicle’s domestic content the 

24 cost of steel or iron produced in the United 

25 States and used in the rolling stock frames and 


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1 car shells that are not produced in the United 

2 States, the manufacturer shall maintain and 

3 provide upon request a mill certification that 

4 substantiates the origin of the steel or iron. 

5 ‘‘(4) TREATMENT OF WAIVED COMPONENTS AND

6 SUBCOMPONENTS.—In this section, a component or 

7 subcomponent waived under subsection (b) shall be ex8 cluded from any part of the calculation required 

9 under subsection (b)(3)(A). 

10 ‘‘(5) ZERO-EMISSION VEHICLE DOMESTIC BAT11 TERY CELL INCENTIVE.—The Secretary shall add 2.5 

12 percent to the total domestic content when calculating 

13 the domestic content of the rolling stock for any zero14 emission vehicle that uses only battery cells for pro15 pulsion that are manufactured domestically. 

16 ‘‘(6) PROHIBITION ON DOUBLE COUNTING.— 

17 ‘‘(A) IN GENERAL.—No labor costs included 

18 in the cost of a component or subcomponent by 

19 the manufacturer of rolling stock may be treated 

20 as rolling stock assembly costs for purposes of 

21 calculating domestic content. 

22 ‘‘(B) VIOLATION.—A violation of this para23 graph shall be treated as a false claim under 

24 subchapter III of chapter 37 of title 31. 


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1 ‘‘(7) DEFINITION OF HIGHLY SKILLED LABOR

2 COSTS.—In this subsection, the term ‘highly skilled 

3 labor costs’— 

4 ‘‘(A) means the apportioned value of direct 

5 wage compensation associated with final assem6 bly activities of workers directly employed by a 

7 rolling stock original equipment manufacturer 

8 and directly associated with the final assembly 

9 activities of a rolling stock vehicle that advance 

10 the value or improve the condition of the end 

11 product; 

12 ‘‘(B) does not include any temporary or in13 direct activities or those hired via a third-party 

14 contractor or subcontractor; 

15 ‘‘(C) are limited to metalworking, fabrica16 tion, welding, electrical, engineering, and other 

17 technical activities requiring training; 

18 ‘‘(D) are not otherwise associated with ac19 tivities required under section 661.11 of title 49, 

20 Code of Federal Regulations; and 

21 ‘‘(E) includes only activities performed in 

22 the United States and does not include that of 

23 foreign nationals providing assistance at a 

24 United States manufacturing facility. 


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1 ‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND DIS2 CLOSURE.— 

3 ‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If 

4 the Secretary denies an application for a waiver 

5 under subsection (b)(2), the Secretary shall provide to 

6 the applicant a written certification that— 

7 ‘‘(A) the steel, iron, or manufactured goods, 

8 as applicable, (referred to in this paragraph as 

9 the ‘item’) is produced in the United States in 

10 a sufficient and reasonably available amount; 

11 ‘‘(B) the item produced in the United States 

12 is of a satisfactory quality; and 

13 ‘‘(C) includes a list of known manufacturers 

14 in the United States from which the item can be 

15 obtained. 

16 ‘‘(2) DISCLOSURE.—The Secretary shall disclose 

17 the waiver denial and the written certification to the 

18 public in the manner described in subsection (c). 

19 ‘‘(f) WAIVER PROHIBITED.—The Secretary may not 

20 make a waiver under subsection (b) for goods produced in 

21 a foreign country if the Secretary, in consultation with the 

22 United States Trade Representative, decides that the gov23 ernment of that foreign country— 


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1 ‘‘(1) has an agreement with the United States 

2 Government under which the Secretary has waived 

3 the requirement of this section; and 

4 ‘‘(2) has violated the agreement by discrimi5 nating against goods to which this section applies 

6 that are produced in the United States and to which 

7 the agreement applies. 

8 ‘‘(g) PENALTY FOR MISLABELING AND MISREPRESEN9 TATION.—A person is ineligible under subpart 9.4 of the 

10 Federal Acquisition Regulation, or any successor thereto, to 

11 receive a contract or subcontract made with amounts au12 thorized under title II of division B of the INVEST in 

13 America Act if a court or department, agency, or instru14 mentality of the Government decides the person inten15 tionally— 

16 ‘‘(1) affixed a ‘Made in America’ label, or a label 

17 with an inscription having the same meaning, to 

18 goods sold in or shipped to the United States that are 

19 used in a project to which this section applies but not 

20 produced in the United States; or 

21 ‘‘(2) represented that goods described in para22 graph (1) were produced in the United States. 

23 ‘‘(h) STATE REQUIREMENTS.—The Secretary may not 

24 impose any limitation on assistance provided under this 

25 chapter that restricts a State from imposing more stringent 


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1 requirements than this subsection on the use of articles, ma2 terials, and supplies mined, produced, or manufactured in 

3 foreign countries in projects carried out with that assistance 

4 or restricts a recipient of that assistance from complying 

5 with those State-imposed requirements. 

6 ‘‘(i) OPPORTUNITY TO CORRECT INADVERTENT

7 ERROR.—The Secretary may allow a manufacturer or sup8 plier of steel, iron, or manufactured goods to correct after 

9 bid opening any certification of noncompliance or failure 

10 to properly complete the certification (but not including 

11 failure to sign the certification) under this subsection if 

12 such manufacturer or supplier attests under penalty of per13 jury that such manufacturer or supplier submitted an in14 correct certification as a result of an inadvertent or clerical 

15 error. The burden of establishing inadvertent or clerical 

16 error is on the manufacturer or supplier. 

17 ‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely af18 fected by an agency action under this subsection shall have 

19 the right to seek review under section 702 of title 5. 

20 ‘‘(k) STEEL AND IRON.—For purposes of this section, 

21 steel and iron meeting the requirements of section 661.5(b) 

22 of title 49, Code of Federal Regulations, may be considered 

23 produced in the United States. 

24 ‘‘(l) DEFINITION OF SMALL PURCHASE.—For purposes 

25 of determining whether a purchase qualifies for a general 


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1 public interest waiver under subsection (b)(1), including 

2 under any regulation promulgated under such subsection, 

3 the term ‘small purchase’ means a purchase of not more 

4 than $150,000. 

5 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF

6 ROLLING STOCK PURCHASES.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall prescribe 

8 regulations requiring a preaward and postdelivery 

9 certification of a rolling stock vehicle that meets the 

10 requirements of this section and Government motor 

11 vehicle safety requirements to be eligible for a grant 

12 under this chapter. For compliance with this sec13 tion— 

14 ‘‘(A) Federal inspections and review are re15 quired; 

16 ‘‘(B) a manufacturer certification is not 

17 sufficient; and 

18 ‘‘(C) a rolling stock vehicle that has been 

19 certified by the Secretary remains certified until 

20 the manufacturer makes a material change to the 

21 vehicle, or adjusts the cost of all components of 

22 the rolling stock, that reduces, by more than half, 

23 the percentage of domestic content above 70 per24 cent. 

25 ‘‘(2) CERTIFICATION OF PERCENTAGE.— 


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1 ‘‘(A) IN GENERAL.—The Secretary may, at 

2 the request of a component or subcomponent 

3 manufacturer, certify the percentage of domestic 

4 content and place of manufacturing for a compo5 nent or subcomponent. 

6 ‘‘(B) PERIOD OF CERTIFICATION.—Any 

7 component or subcomponent certified by the Sec8 retary shall remain certified until the manufac9 turer makes a material change to the domestic 

10 content or the place of manufacturing of such 

11 component or subcomponent. 

12 ‘‘(3) FREEDOM OF INFORMATION ACT.—In car13 rying out this subsection, the Secretary shall apply 

14 the provisions of section 552 of title 5, including sub15 section (b)(4) of such section. 

16 ‘‘(4) NONCOMPLIANCE.—The Secretary shall pro17 hibit recipients from procuring rolling stock, compo18 nents, or subcomponents from a supplier that inten19 tionally provides false information to comply with 

20 this subsection. 

21 ‘‘(n) SCOPE.—The requirements of this section apply 

22 to all contracts for a public transportation project carried 

23 out within the scope of the applicable finding, determina24 tion, or decision under the National Environmental Policy 

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1 ing source of such contracts, if at least one contract for the 

2 public transportation project is funded with amounts made 

3 available to carry out this chapter. 

4 ‘‘(o) BUY AMERICA CONFORMITY.—The Secretary shall 

5 ensure that all Federal funds for new commuter rail projects 

6 shall comply with this section and shall not be subject to 

7 section 22905(a). 

8 ‘‘(p) AUDITS AND REPORTING OF WASTE, FRAUD, AND

9 ABUSE.— 

10 ‘‘(1) IN GENERAL.—The Inspector General of the 

11 Department of Transportation shall conduct an an12 nual audit on certifications under subsection (m) re13 garding compliance with Buy America. 

14 ‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.—The 

15 Secretary shall display a ‘Report Fraud, Waste, and 

16 Abuse’ button and link to Department of Transpor17 tation’s Office of Inspector General Hotline on the 

18 Federal Transit Administration’s Buy America land19 ing page. 

20 ‘‘(3) CONTRACT REQUIREMENT.—The Secretary 

21 shall require all recipients who enter into contracts to 

22 purchase rolling stock with funds provided under this 

23 chapter to include in such contract information on 

24 how to contact the Department of Transportation’s 


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1 Office of Inspector General Hotline to report sus2 picions of fraud, waste, and abuse. 

3 ‘‘(q) PASSENGER MOTOR VEHICLES.— 

4 ‘‘(1) IN GENERAL.—Any domestically manufac5 tured passenger motor vehicle shall be considered to be 

6 produced in the United States under this section. 

7 ‘‘(2) DOMESTICALLY MANUFACTURED PASSENGER

8 MOTOR VEHICLE.—In this subsection, the term ‘do9 mestically manufactured passenger motor vehicle’ 

10 means any passenger motor vehicle, as such term is 

11 defined in section 32304(a) that— 

12 ‘‘(A) has under section 32304(b)(1)(B) its 

13 final assembly place in the United States; and 

14 ‘‘(B) the percentage (by value) of passenger 

15 motor equipment under section 32304(b)(1)(A) 

16 equals or exceeds 60 percent value added. 

17 ‘‘(r) ROLLING STOCK COMPONENTS AND SUBCOMPO18 NENTS.—No bus shell, railcar frame, or other component 

19 or subcomponent that is primarily made of steel or iron 

20 shall be treated as produced in the United States for pur21 poses of subsection (b)(3) or determined to be of domestic 

22 origin under section 661.11 of title 49, Code of Federal Reg23 ulations, if the material inputs of such component or sub24 component were imported into the United States and the 

25 processes performed in the United States on the imported 


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1 articles would not result in a change in the article’s classi2 fication to chapter 86 or 87 of the Harmonized Tariff 

3 Schedule of the United States from another chapter or a 

4 new heading of any chapter from the heading under which 

5 the article was classified upon entry. 

6 ‘‘(s) TREATMENT OF STEEL AND IRON COMPONENTS

7 AS PRODUCED IN THE UNITED STATES.—Notwithstanding 

8 any other provision of any law or any rule, regulation, or 

9 policy of the Federal Transit Administration, steel and iron 

10 components of a system, as defined in section 661.3 of title 

11 49, Code of Federal Regulations, and of manufactured end 

12 products referred to in Appendix A of such section, may 

13 not be considered to be produced in the United States unless 

14 such components meet the requirements of section 661.5(b) 

15 of title 49, Code of Federal Regulations. 

16 ‘‘(t) REQUIREMENT FOR TRANSIT AGENCIES.—Not17 withstanding the provisions of this section, if a transit 

18 agency accepts Federal funds, such agency shall adhere to 

19 the requirements of this section in procuring rolling stock.’’. 

20 (2) CLERICAL AMENDMENT.—The analysis for 

21 chapter 53 of title 49, United States Code, is amended 

22 by inserting before the item relating to section 5321 

23 the following: 

‘‘5320. Buy America.’’. 

24 (3) CONFORMING AMENDMENTS.— 


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1 (A) TECHNICAL ASSISTANCE AND WORK2 FORCE DEVELOPMENT.—Section 5314(a)(2)(G) of 

3 title 49, United States Code, is amended by 

4 striking ‘‘sections 5323(j) and 5323(m)’’ and in5 serting ‘‘section 5320’’. 

6 (B) URBANIZED AREA FORMULA GRANTS.— 

7 Section 5307(c)(1)(E) of title 49, United States 

8 Code, is amended by inserting ‘‘, 5320,’’ after 

9 ‘‘5323’’. 

10 (C) INNOVATIVE PROCUREMENT.—Section 

11 3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 

12 5325 note) is amended by striking ‘‘5323(j)’’ and 

13 inserting ‘‘5320’’. 

14 (b) BUS ROLLING STOCK.—Not later than 18 months 

15 after the date of enactment of this Act, the Secretary of 

16 Transportation shall issue such regulations as are necessary 

17 to revise Appendix B and Appendix D of section 661.11 

18 of title 49, Code of Federal Regulations, with respect to bus 

19 rolling stock to maximize job creation and align such sec20 tion with modern manufacturing techniques. 

21 (c) RAIL ROLLING STOCK.—Not later than 30 months 

22 after the date of enactment of this Act, the Secretary shall 

23 issue such regulations as are necessary to revise subsections 

24 (t), (u), and (v) of section 661.11 of title 49, Code of Federal 

25 Regulations, with respect to rail rolling stock to maximize 


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1 job creation and align such section with modern manufac2 turing techniques. 

3 (d) RULE OF APPLICABILITY.— 

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

5 in this subsection, the amendments made by this sec6 tion shall apply to any contract entered into on or 

7 after the date of enactment of this Act. 

8 (2) DELAYED APPLICABILITY OF CERTAIN PROVI9 SIONS.—Contracts described in paragraph (1) shall be 

10 subject to the following delayed applicability require11 ments: 

12 (A) Section 5320(m)(2) shall apply to con13 tracts entered into on or after the date that is 30 

14 days after the date of enactment of this Act. 

15 (B) Notwithstanding subparagraph (A), sec16 tion 5320(m) shall apply to contracts for the 

17 procurement of bus rolling stock beginning on the 

18 earlier of— 

19 (i) 180 days after the date on which 

20 final regulations are issued pursuant to 

21 subsection (b); or 

22 (ii) the date that is 1 year after the 

23 date of enactment of this Act. 

24 (C) Notwithstanding subparagraph (A), sec25 tion 5320(m) shall apply to contracts for the 


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1 procurement of rail rolling stock beginning on 

2 the earlier of— 

3 (i) 180 days after the date on which 

4 final regulations are issued pursuant to 

5 subsection (c); or 

6 (ii) the date that is 2 years after the 

7 date of enactment of this Act. 

8 (D) Section 5320(p)(1) shall apply on the 

9 date that is 1 year after the latest of the applica10 tion dates described in subparagraphs (A) 

11 through (C). 

12 (3) SPECIAL RULE FOR CERTAIN CONTRACTS.— 

13 For any contract described in paragraph (1) for 

14 which the delivery for the first production vehicle oc15 curs before October 1, 2024, paragraphs (1) and (4) 

16 of section 5320(d) shall not apply. 

17 (4) SPECIAL RULE FOR BATTERY CELL INCEN18 TIVES.—For any contract described in paragraph (1) 

19 for which the delivery for the first production vehicle 

20 occurs before October 1, 2023, section 5320(d)(5) shall 

21 not apply. 

22 (5) APPLICATION OF EXISTING LAW.—During 

23 any periods described in this subsection, the Secretary 

24 shall apply the requirements of sections 5323(j) and 

25 5323(m) of title 49, United States Code, as in effect 


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1 on the day before the date of enactment of this Act, 

2 as applicable. 

3 (e) SPECIAL RULE FOR DOMESTIC CONTENT.— 

4 (1) IN GENERAL.—For the calculation of the per5 cent of domestic content calculated under section 

6 5320(d)(2) for a contract for rolling stock entered into 

7 on or after October 1, 2021— 

8 (A) if the delivery of the first production ve9 hicle occurs in fiscal year 2023 or fiscal year 

10 2024, for components that exceed 70 percent do11 mestic content, the Secretary shall add 20 addi12 tional percent to the component’s domestic con13 tent; and 

14 (B) if the delivery of the first production ve15 hicle occurs in fiscal year 2025 or fiscal year 

16 2026— 

17 (i) for components that exceed 70 per18 cent but do not exceed 75 percent domestic 

19 content, the Secretary shall add 15 addi20 tional percent to the component’s domestic 

21 content; or 

22 (ii) for components that exceed 75 per23 cent domestic content, the Secretary shall 

24 add 20 additional percent to the compo25 nent’s domestic content. 


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1 (2) CONTRACTS AFTER OCTOBER 1, 2021.—For 

2 the calculation of the percent of domestic content cal3 culated under section 5320(d)(2) for a contract for 

4 rolling stock entered into on or after October 1, 2021 

5 for a vehicle described in section 5339(c)(1)(D), and 

6 notwithstanding subsection (e)(1), if the delivery of 

7 the first production vehicle occurs in fiscal year 2023 

8 or 2024, for components that exceed 70 percent domes9 tic content, the Secretary shall add 30 additional per10 cent to the component’s domestic content. 

11 (3) BATTERY CELLS.—Paragraph (1) and para12 graph (2) of this subsection shall not apply to any 

13 contract for rolling stock if the manufacturer of the 

14 rolling stock or the manufacturer of the battery cells 

15 used for propulsion of the rolling stock is an entity 

16 described in 49 USC 5323(u)(1) and (u)(2). 

17 SEC. 2302. BUS PROCUREMENT STREAMLINING. 

18 Section 5323 of title 49, United States Code, is amend19 ed by adding at the end the following: 

20 ‘‘(x) BUS PROCUREMENT STREAMLINING.— 

21 ‘‘(1) IN GENERAL.—The Secretary may only ob22 ligate amounts for acquisition of buses under this 

23 chapter to a recipient that issues a request for pro24 posals for an open market procurement that meets the 

25 following criteria: 


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1 ‘‘(A) Such request for proposals is limited 

2 to performance specifications, except for compo3 nents or subcomponents identified in the nego4 tiated rulemaking carried out pursuant to this 

5 subsection. 

6 ‘‘(B) Such request for proposals does not 

7 seek any alternative design or manufacture spec8 ification of a bus offered by a manufacturer, ex9 cept to require a component or subcomponent 

10 identified in the negotiated rulemaking carried 

11 out pursuant to this subsection. 

12 ‘‘(2) SPECIFIC BUS COMPONENT NEGOTIATED

13 RULEMAKING.— 

14 ‘‘(A) INITIATION.—Not later than 120 days 

15 after the date of enactment of the INVEST in 

16 America Act, the Secretary shall initiate proce17 dures under subchapter III of chapter 5 of title 

18 5 to negotiate and issue such regulations as are 

19 necessary to establish as limited a list as is prac20 ticable of bus components and subcomponents de21 scribed in subparagraph (B). 

22 ‘‘(B) LIST OF COMPONENTS.—The regula23 tions required under subparagraph (A) shall es24 tablish a list of bus components and subcompo25 nents that may be specified in a request for proVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00780 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 posals described in paragraph (1) by a recipient. 

2 The Secretary shall ensure the list is limited in 

3 scope and limited to only components and sub4 components that cannot be selected with perform5 ance specifications to ensure interoperability. 

6 ‘‘(C) PUBLICATION OF PROPOSED REGULA7 TIONS.—Proposed regulations to implement this 

8 section shall be published in the Federal Register 

9 by the Secretary not later than 18 months after 

10 such date of enactment. 

11 ‘‘(D) COMMITTEE.—A negotiated rule12 making committee established pursuant to sec13 tion 565 of title 5 to carry out this paragraph 

14 shall have a maximum of 11 members limited to 

15 representatives of the Department of Transpor16 tation, urban and rural recipients (including 

17 State government recipients), and transit vehicle 

18 manufacturers. 

19 ‘‘(E) EXTENSION OF DEADLINES.—A dead20 line set forth in subparagraph (C) may be ex21 tended up to 180 days if the negotiated rule22 making committee referred to in subparagraph 

23 (D) concludes that the committee cannot meet the 

24 deadline and the Secretary so notifies the Com25 mittee on Transportation and Infrastructure of 


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1 the House of Representatives and the Committee 

2 on Banking, Housing, and Urban Affairs of the 

3 Senate. 

4 ‘‘(3) SAVINGS CLAUSE.—Nothing in this section 

5 shall be construed to provide additional authority for 

6 the Secretary to restrict what a bus manufacturer of7 fers to sell to a public transportation agency.’’. 

8 SEC. 2303. BUS TESTING FACILITY. 

9 Section 5318 of title 49, United States Code, is amend10 ed by adding at the end the following: 

11 ‘‘(f) TESTING SCHEDULE.—The Secretary shall— 

12 ‘‘(1) determine eligibility of a bus manufactur13 er’s request for testing within 10 business days; and 

14 ‘‘(2) make publicly available the current backlog 

15 (in months) to begin testing a new bus at the bus test16 ing facility.’’. 

17 SEC. 2304. REPAYMENT REQUIREMENT. 

18 (a) IN GENERAL.—A transit agency shall repay into 

19 the general fund of the Treasury any funds received from 

20 the Federal Transit Administration under section 3401 of 

21 the American Rescue Plan Act of 2021 (Public Law 117– 

22 2) if the funds were used to award a contract or subcontract 

23 to an entity for the procurement of rolling stock for use in 

24 public transportation if the manufacturer of the rolling 

25 stock— 


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1 (1) is incorporated in or has manufacturing fa2 cilities in the United States; and 

3 (2) is owned or controlled by, is a subsidiary of, 

4 or is otherwise related legally or financially to a cor5 poration based in a country that— 

6 (A) is identified as a nonmarket economy 

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

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

9 the date of enactment of this subsection; 

10 (B) was identified by the United States 

11 Trade Representative in the most recent report 

12 required by section 182 of the Trade Act of 1974 

13 (19 U.S.C. 2242) as a priority foreign country 

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

15 (C) is subject to monitoring by the Trade 

16 Representative under section 306 of the Trade 

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

18 (b) CERTIFICATION.—Not later than 60 days after the 

19 date of enactment of this section, a transit agency that re20 ceived funds pursuant to the laws specified in subsection 

21 (a) shall certify that the agency has not and shall not use 

22 such funds to purchase rolling stock described in subsection 

23 (a). 


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1 SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING 

2 A MAJOR DISASTER. 

3 (a) IN GENERAL.—Section 5323 of title 49, United 

4 States Code, is amended by adding at the end the following: 

5 ‘‘(y) URBANIZED AREAS FOLLOWING A MAJOR DIS6 ASTER.— 

7 ‘‘(1) DEFINED TERM.—In this subsection, the 

8 term ‘decennial census date’ has the meaning given 

9 the term in section 141(a) of title 13. 

10 ‘‘(2) URBANIZED AREA MAJOR DISASTER POPU11 LATION CRITERIA.—Notwithstanding section 5302, for 

12 purposes of this chapter, the Secretary shall treat an 

13 area as an urbanized area for the period described in 

14 paragraph (3) if— 

15 ‘‘(A) a major disaster was declared by the 

16 President under section 401 of the Robert T. 

17 Stafford Disaster Relief and Emergency Assist18 ance Act (42 U.S.C. 5170) for the area during 

19 the 3-year period preceding the decennial census 

20 date for the 2010 decennial census or for any 

21 subsequent decennial census; 

22 ‘‘(B) the area was defined and designated 

23 as an ‘urbanized area’ by the Secretary of Com24 merce in the decennial census immediately pre25 ceding the major disaster described in subpara26 graph (A); and 


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1 ‘‘(C) the population of the area fell below 

2 50,000 as a result of the major disaster described 

3 in subparagraph (A). 

4 ‘‘(3) COVERED PERIOD.—The Secretary shall 

5 treat an area as an urbanized area under paragraph 

6 (2) during the period— 

7 ‘‘(A) beginning on— 

8 ‘‘(i) in the case of a major disaster de9 scribed in paragraph (2)(A) that occurred 

10 during the 3-year period preceding the de11 cennial census date for the 2010 decennial 

12 census, October 1 of the first fiscal year that 

13 begins after the date of enactment of this 

14 subsection; or 

15 ‘‘(ii) in the case of any other major 

16 disaster described in paragraph (2)(A), Oc17 tober 1 of the first fiscal year— 

18 ‘‘(I) that begins after the decen19 nial census date for the first decennial 

20 census conducted after the major dis21 aster; and 

22 ‘‘(II) for which the Secretary has 

23 sufficient data from that census to de24 termine that the area qualifies for 


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1 treatment as an urbanized area under 

2 paragraph (2); and 

3 ‘‘(B) ending on the day before the first fiscal 

4 year— 

5 ‘‘(i) that begins after the decennial cen6 sus date for the second decennial census con7 ducted after the major disaster described in 

8 paragraph (2)(A); and 

9 ‘‘(ii) for which the Secretary has suffi10 cient data from that census to determine 

11 which areas are urbanized areas for pur12 poses of this chapter. 

13 ‘‘(4) POPULATION CALCULATION.—An area treat14 ed as an urbanized area under this subsection shall 

15 be assigned the population and square miles of the ur16 banized area designated by the Secretary of Commerce 

17 in the most recent decennial census conducted before 

18 the major disaster described in paragraph (2)(A). 

19 ‘‘(5) SAVINGS PROVISION.—Nothing in this sub20 section may be construed to affect apportionments 

21 made under this chapter before the date of enactment 

22 of this subsection.’’. 

23 (b) AMENDMENT TAKES EFFECT ON ENACTMENT.— 

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1 section (a) shall take effect on the date of enactment of this 

2 Act. 

3 SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK 

4 PROCUREMENTS. 

5 (a) CERTIFICATION.—Section 5323(u)(4) of title 49, 

6 United States Code, is amended— 

7 (1) in subparagraph (A) in the heading by strik8 ing ‘‘RAIL’’; and 

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

10 ‘‘(C) NONRAIL ROLLING STOCK.—Notwith11 standing subparagraph (B) of paragraph (5), as 

12 a condition of financial assistance made avail13 able in a fiscal year under section 5339, a re14 cipient shall certify in that fiscal year that the 

15 recipient will not award any contract or sub16 contract for the procurement of rolling stock for 

17 use in public transportation with a rolling stock 

18 manufacturer described in paragraph (1).’’. 

19 (b) SPECIAL RULE.—Section 5323(u)(5)(A) of title 49, 

20 United States Code, is amended by striking ‘‘made by a 

21 public transportation agency with a rail rolling stock man22 ufacturer described in paragraph (1)’’ and all that follows 

23 through the period at the end and inserting ‘‘as of December 

24 20, 2019, including options and other requirements tied to 

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1 tation agency with a restricted rail rolling stock manufac2 turer.’’. 

3 SEC. 2307. SPARE RATIO WAIVER. 

4 Section 5323 of title 49, United States Code, is further 

5 amended by adding at the end the following: 

6 ‘‘(z) SPARE RATIO WAIVER.—The Federal Transit Ad7 ministration shall waive spare ratio policies for rolling 

8 stock found in FTA Grant Management Requirements Cir9 cular 5010.1, FTA Circular 9030.1 providing Urbanized 

10 Area Formula Program guidance, and other guidance docu11 ments for 2 years from the date of enactment of the INVEST 

12 in America Act.’’. 

13 Subtitle D—Bus Grant Reforms 

14 SEC. 2401. FORMULA GRANTS FOR BUSES. 

15 Section 5339(a) of title 49, United States Code, is 

16 amended— 

17 (1) in paragraph (1)— 

18 (A) by inserting ‘‘and subsection (d)’’ after 

19 ‘‘In this subsection’’; 

20 (B) in subparagraph (A) by striking ‘‘term 

21 ‘low or no emission vehicle’ has’’ and inserting 

22 ‘‘term ‘zero emission vehicle’ has’’; 

23 (C) in subparagraph (B) by inserting ‘‘and 

24 the District of Columbia’’ after ‘‘United States’’; 

25 and 


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1 (D) in subparagraph (C) by striking ‘‘the 

2 District of Columbia,’’; 

3 (2) in paragraph (2)(A) by striking ‘‘low or no 

4 emission vehicles’’ and inserting ‘‘zero emission vehi5 cles’’; 

6 (3) in paragraph (4)— 

7 (A) in subparagraph (A) by inserting ‘‘and 

8 subsection (d)’’ after ‘‘this subsection’’; and 

9 (B) in subparagraph (B) by inserting ‘‘and 

10 subsection (d)’’ after ‘‘this subsection’’; 

11 (4) in paragraph (5)(A)— 

12 (A) by striking ‘‘$90,500,000’’ and inserting 

13 ‘‘$156,750,000’’; 

14 (B) by striking ‘‘2016 through 2020’’ and 

15 inserting ‘‘2023 through 2026’’; 

16 (C) by striking ‘‘$1,750,000’’ and inserting 

17 ‘‘$3,000,000’’; and 

18 (D) by striking ‘‘$500,000’’ and inserting 

19 ‘‘$750,000’’; 

20 (5) in paragraph (7) by adding at the end the 

21 following: 

22 ‘‘(C) SPECIAL RULE FOR BUSES AND RE23 LATED EQUIPMENT FOR ZERO EMISSION VEHI24 CLES.—Notwithstanding subparagraph (A), a 

25 grant for a capital project for buses and related 


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1 equipment for hybrid electric buses that make 

2 meaningful reductions in energy consumption 

3 and harmful emissions, including direct carbon 

4 emissions, and zero emission vehicles under this 

5 subsection shall be for 90 percent of the net cap6 ital costs of the project. A recipient of a grant 

7 under this subsection may provide additional 

8 local matching amounts.’’; 

9 (6) in paragraph (8)— 

10 (A) by striking ‘‘3 fiscal years’’ and insert11 ing ‘‘4 fiscal years’’; and 

12 (B) by striking ‘‘3-fiscal-year period’’ and 

13 inserting ‘‘4-fiscal-year period’’; and 

14 (7) by striking paragraph (9). 

15 SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COM16 PETITIVE GRANTS. 

17 Section 5339(b) of title 49, United States Code, is 

18 amended— 

19 (1) in the heading by striking ‘‘BUSES AND BUS

20 FACILITIES COMPETITIVE GRANTS’’ and inserting 

21 ‘‘BUS FACILITIES AND FLEET EXPANSION COMPETI22 TIVE GRANTS’’; 

23 (2) in paragraph (1)— 

24 (A) by striking ‘‘buses and’’; 


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1 (B) by inserting ‘‘and certain buses’’ after 

2 ‘‘capital projects’’; 

3 (C) in subparagraph (A) by striking ‘‘buses 

4 or related equipment’’ and inserting ‘‘bus-related 

5 facilities’’; and 

6 (D) by striking subparagraph (B) and in7 serting the following: 

8 ‘‘(B) purchasing or leasing buses that will 

9 not replace buses in the applicant’s fleet at the 

10 time of application and will be used to— 

11 ‘‘(i) increase the frequency of bus serv12 ice; or 

13 ‘‘(ii) increase the service area of the 

14 applicant.’’; 

15 (3) by striking paragraph (2) and inserting the 

16 following: 

17 ‘‘(2) GRANT CONSIDERATIONS.—In making 

18 grants— 

19 ‘‘(A) under subparagraph (1)(A), the Sec20 retary shall only consider— 

21 ‘‘(i) the age and condition of bus-re22 lated facilities of the applicant compared to 

23 all applicants and proposed improvements 

24 to the resilience (as such term is defined in 

25 section 5302) of such facilities; 


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1 ‘‘(ii) for a facility that, in whole or in 

2 part, encroaches within the limits of a 

3 flood-prone area, the extent to which the fa4 cility is designed and constructed in a way 

5 that takes into account, and mitigates where 

6 appropriate, flood risk; and 

7 ‘‘(iii) for a bus station, the degree of 

8 multi-modal connections at such station; 

9 and 

10 ‘‘(B) under paragraph (1)(B), the Secretary 

11 shall consider the improvements to headway and 

12 projected new ridership.’’; and 

13 (4) in paragraph (6) by striking subparagraph 

14 (B) and inserting the following: 

15 ‘‘(B) GOVERNMENT SHARE OF COSTS.— 

16 ‘‘(i) IN GENERAL.—The Government 

17 share of the cost of an eligible project car18 ried out under this subsection shall not ex19 ceed 80 percent. 

20 ‘‘(ii) SPECIAL RULE FOR BUSES AND

21 RELATED EQUIPMENT FOR ZERO EMISSION

22 VEHICLES.—Notwithstanding clause (i), the 

23 Government share of the cost of an eligible 

24 project for the financing of buses and re25 lated equipment for hybrid electric buses 


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1 that make meaningful reductions in energy 

2 consumption and harmful emissions, in3 cluding direct carbon emissions, and zero 

4 emission vehicles shall not exceed 90 per5 cent.’’. 

6 SEC. 2403. ZERO EMISSION BUS GRANTS. 

7 (a) IN GENERAL.—Section 5339(c) of title 49, United 

8 States Code, is amended— 

9 (1) in the heading by striking ‘‘LOW OR NO

10 EMISSION GRANTS’’ and inserting ‘‘ZERO EMISSION

11 GRANTS’’; 

12 (2) in paragraph (1)— 

13 (A) in subparagraph (B)— 

14 (i) in the matter preceding clause (i) 

15 by striking ‘‘in an eligible area’’; 

16 (ii) in clause (i) by striking ‘‘low or no 

17 emission’’ and inserting ‘‘zero emission’’; 

18 (iii) in clause (ii) by striking ‘‘low or 

19 no emission’’ and inserting ‘‘zero emission’’; 

20 (iv) in clause (iii) by striking ‘‘low or 

21 no emission’’ and inserting ‘‘zero emission’’; 

22 (v) in clause (iv) by striking ‘‘facilities 

23 and related equipment for low or no emis24 sion’’ and inserting ‘‘related equipment for 

25 zero emission’’; 


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1 (vi) in clause (v) by striking ‘‘facilities 

2 and related equipment for low or no emis3 sion vehicles;’’ and inserting ‘‘related equip4 ment for zero emission vehicles; or’’; 

5 (vii) in clause (vii) by striking ‘‘low or 

6 no emission’’ and inserting ‘‘zero emission’’; 

7 (viii) by striking clause (vi); and 

8 (ix) by redesignating clause (vii) as 

9 clause (vi); 

10 (B) by striking subparagraph (D) and in11 serting the following: 

12 ‘‘(D) the term ‘zero emission bus’ means a 

13 bus that is a zero emission vehicle;’’; 

14 (C) by striking subparagraph (E) and in15 serting the following: 

16 ‘‘(E) the term ‘zero emission vehicle’ means 

17 a vehicle used to provide public transportation 

18 that produces no carbon dioxide or particulate 

19 matter;’’; 

20 (D) in subparagraph (F) by striking ‘‘and’’ 

21 at the end; 

22 (E) by striking subparagraph (G) and in23 serting the following: 

24 ‘‘(G) the term ‘priority area’ means an area 

25 that is— 


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1 ‘‘(i) designated as a nonattainment 

2 area for ozone or particulate matter under 

3 section 107(d) of the Clean Air Act (42 

4 U.S.C. 7407(d)); 

5 ‘‘(ii) a maintenance area, as such term 

6 is defined in section 5303, for ozone or par7 ticulate matter; or 

8 ‘‘(iii) in a State that has enacted a 

9 statewide zero emission bus transition re10 quirement, as determined by the Secretary; 

11 and’’; and 

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

13 ‘‘(H) the term ‘low-income community’ 

14 means any population census tract if— 

15 ‘‘(i) the poverty rate for such tract is 

16 at least 20 percent; or 

17 ‘‘(ii) in the case of a tract— 

18 ‘‘(I) not located within a metro19 politan area, the median family in20 come for such tract does not exceed 80 

21 percent of statewide median family in22 come; or 

23 ‘‘(II) located within a metropoli24 tan area, the median family income 

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1 cent of the greater statewide median 

2 family income or the metropolitan area 

3 median family income.’’; 

4 (3) in paragraph (3)— 

5 (A) by striking subparagraph (B); and 

6 (B) by redesignating subparagraph (C) as 

7 subparagraph (B); 

8 (4) by striking paragraph (5) and inserting the 

9 following: 

10 ‘‘(5) GRANT ELIGIBILITY.—In awarding grants 

11 under this subsection, the Secretary shall make grants 

12 to eligible projects relating to the acquisition or leas13 ing of equipment for zero-emission buses or zero-emis14 sion buses— 

15 ‘‘(A) that procure— 

16 ‘‘(i) at least 10 zero emission buses; 

17 ‘‘(ii) if the recipient operates less than 

18 50 buses in peak service, at least 5 zero 

19 emission buses; or 

20 ‘‘(iii) hydrogen buses; 

21 ‘‘(B) for which the recipient’s board of di22 rectors has approved a long-term integrated fleet 

23 management plan that— 

24 ‘‘(i) establishes— 


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1 ‘‘(I) a goal by a set date to con2 vert the entire bus fleet to zero emission 

3 buses; or 

4 ‘‘(II) a goal that within 10 years 

5 from the date of approval of such plan 

6 the recipient will convert a set percent7 age of the total bus fleet of such recipi8 ent to zero emission buses; and 

9 ‘‘(ii) examines the impact of the tran10 sition on the applicant’s current workforce, 

11 by identifying skills gaps, training needs, 

12 and retraining needs of the existing workers 

13 of such applicant to operate and maintain 

14 zero-emission vehicles and related infra15 structure, and avoids the displacement of 

16 the existing workforce; and 

17 ‘‘(C) for which the recipient has performed 

18 a fleet transition study that includes optimal 

19 route planning and an analysis of how utility 

20 rates may impact the recipient’s operations and 

21 maintenance budget.’’; 

22 (5) in paragraph (7)(A) by striking ‘‘80’’ and 

23 inserting ‘‘90’’; and 

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


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1 ‘‘(8) LOW AND MODERATE COMMUNITY

2 GRANTS.—Not less than 10 percent of the amounts 

3 made available under this subsection in a fiscal year 

4 shall be distributed to projects serving predominantly 

5 low-income communities. 

6 ‘‘(9) PRIORITY SET-ASIDE.—Of the amounts 

7 made available under this subsection in a fiscal year, 

8 not less than— 

9 ‘‘(A) 20 percent shall be distributed to ap10 plicants in priority areas; and 

11 ‘‘(B) 10 percent shall be distributed to ap12 plicants not located in priority areas whose 

13 board of directors have approved a long-term in14 tegrated fleet management plan that establishes a 

15 goal to convert 100 percent of their bus fleet to 

16 zero-emission buses within 15 years.’’. 

17 (b) METROPOLITAN TRANSPORTATION PLANNING.— 

18 Section 5303(b) of title 49, United States Code, is amended 

19 by adding at the end the following: 

20 ‘‘(9) MAINTENANCE AREA.—The term ‘mainte21 nance area’ has the meaning given the term in sec22 tions 171(2) and 175A of the Clean Air Act (42 

23 U.S.C. 7501(2); 7505a).’’. 


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1 SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FOR2 MULA SUBGRANT. 

3 Section 5339 of title 49, United States Code, is amend4 ed by adding at the end the following: 

5 ‘‘(d) RESTORATION TO STATE OF GOOD REPAIR FOR6 MULA SUBGRANT.— 

7 ‘‘(1) GENERAL AUTHORITY.—The Secretary may 

8 make grants under this subsection to assist eligible re9 cipients and subrecipients described in paragraph (2) 

10 in financing capital projects to replace, rehabilitate, 

11 and purchase buses and related equipment. 

12 ‘‘(2) ELIGIBLE RECIPIENTS AND SUBRECIPI13 ENTS.—Not later than September 1 annually, the Sec14 retary shall make public a list of eligible recipients 

15 and subrecipients based on the most recent data 

16 available in the National Transit Database to cal17 culate the 20 percent of eligible recipients and sub18 recipients with the highest percentage of asset vehicle 

19 miles for buses beyond the useful life benchmark estab20 lished by the Federal Transit Administration. 

21 ‘‘(3) URBAN APPORTIONMENTS.—Funds allocated 

22 under section 5338(a)(2)(L)(ii) shall be— 

23 ‘‘(A) distributed to— 

24 ‘‘(i) designated recipients in an urban25 ized area with a population of at least 


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1 200,000 made eligible by paragraph (1); 

2 and 

3 ‘‘(ii) States based on subrecipients 

4 made eligible by paragraph (1) in an ur5 banized area under 200,000; and 

6 ‘‘(B) allocated pursuant to the formula set 

7 forth in section 5336 other than subsection (b), 

8 using the data from the 20 percent of eligible re9 cipients and subrecipients. 

10 ‘‘(4) RURAL ALLOCATION.—The Secretary 

11 shall— 

12 ‘‘(A) calculate the percentage of funds under 

13 section 5338(a)(2)(L)(ii) to allocate to rural sub14 recipients by dividing— 

15 ‘‘(i) the asset vehicle miles for buses be16 yond the useful life benchmark (established 

17 by the Federal Transit Administration) of 

18 the rural subrecipients described in para19 graph (2); by 

20 ‘‘(ii) the total asset vehicle miles for 

21 buses beyond such benchmark of all eligible 

22 recipients and subrecipients described in 

23 paragraph (2); and 

24 ‘‘(B) prior to the allocation described in 

25 paragraph (3)(B), apportion to each State the 


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1 amount of the total rural allocation calculated 

2 under subparagraph (A) attributable to such 

3 State based the proportion that— 

4 ‘‘(i) the asset vehicle miles for buses be5 yond the useful life benchmark (established 

6 by the Federal Transit Administration) for 

7 rural subrecipients described in paragraph 

8 (2) in such State; bears to 

9 ‘‘(ii) the total asset vehicle miles de10 scribed in subparagraph (A)(i). 

11 ‘‘(5) APPLICATION OF OTHER PROVISIONS.— 

12 Paragraphs (3), (7), and (8) of subsection (a) shall 

13 apply to eligible recipients and subrecipients de14 scribed in paragraph (2) of a grant under this sub15 section. 

16 ‘‘(6) PROHIBITION.—No eligible recipient or sub17 recipient outside the top 5 percent of asset vehicle 

18 miles for buses beyond the useful life benchmark estab19 lished by the Federal Transit Administration may re20 ceive a grant in both fiscal year 2023 and fiscal year 

21 2024. 

22 ‘‘(7) REQUIREMENT.—The Secretary shall re23 quire— 

24 ‘‘(A) States to expend, to the benefit of the 

25 subrecipients eligible under paragraph (2), the 


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1 apportioned funds attributed to such subrecipi2 ents; and 

3 ‘‘(B) designated recipients to provide the al4 located funds to the recipients eligible under 

5 paragraph (2) the apportioned funds attributed 

6 to such recipients.’’. 

7 SEC. 2405. WORKFORCE DEVELOPMENT TRAINING GRANTS. 

8 Section 5339 of title 49, United States Code, is amend9 ed by adding at the end the following: 

10 ‘‘(e) WORKFORCE DEVELOPMENT TRAINING

11 GRANTS.— 

12 ‘‘(1) IN GENERAL.—Not less than 12.5 percent of 

13 funds authorized to be made available for subsection 

14 (c) shall be available to fund workforce development 

15 training eligible under section 5314(b)(2) (including 

16 registered apprenticeships and other labor-manage17 ment training programs), related to operations or 

18 maintenance of zero emission vehicles. 

19 ‘‘(2) ELIGIBLE RECIPIENTS.—Recipients eligible 

20 under subsection (c) shall be eligible to receive a grant 

21 under this subsection. 

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

23 cost of an eligible project carried out under this sub24 section shall be 100 percent. 


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1 ‘‘(4) PRIORITIZATION.—In making grants under 

2 this subsection, the Secretary shall prioritize applica3 tions that jointly fund training as part of a vehicle 

4 procurement application under subsection (c).’’. 

5 Subtitle E—Supporting All Riders 

6 SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS. 

7 Section 5336(j) of title 49, United States Code, is 

8 amended— 

9 (1) in paragraph (1) by striking ‘‘75 percent’’ 

10 and inserting ‘‘50 percent’’; 

11 (2) in paragraph (2) by striking ‘‘25 percent’’ 

12 and inserting ‘‘12.5 percent’’; and 

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

14 ‘‘(3) 30 percent of the funds shall be apportioned 

15 among designated recipients for urbanized areas with 

16 a population of 200,000 or more in the ratio that— 

17 ‘‘(A) the number of individuals in each such 

18 urbanized area residing in an urban census tract 

19 with a poverty rate of at least 20 percent during 

20 the 5 years most recently ending; bears to 

21 ‘‘(B) the number of individuals in all such 

22 urbanized areas residing in an urban census 

23 tract with a poverty rate of at least 20 percent 

24 during the 5 years most recently ending. 


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1 ‘‘(4) 7.5 percent of the funds shall be apportioned 

2 among designated recipients for urbanized areas with 

3 a population less than 200,000 in the ratio that— 

4 ‘‘(A) the number of individuals in each such 

5 urbanized area residing in an urban census tract 

6 with a poverty rate of at least 20 percent during 

7 the 5 years most recently ending; bears to 

8 ‘‘(B) the number of individuals in all such 

9 areas residing in an urban census tract with a 

10 poverty rate of at least 20 percent during the 5 

11 years most recently ending.’’. 

12 SEC. 2502. RURAL PERSISTENT POVERTY FORMULA. 

13 Section 5311 of title 49, United States Code, as amend14 ed in section 2204, is further amended— 

15 (1) in subsection (a) by adding at the end the 

16 following: 

17 ‘‘(3) PERSISTENT POVERTY COUNTY.—The term 

18 ‘persistent poverty county’ means any county with a 

19 poverty rate of at least 20 percent— 

20 ‘‘(A) as determined in each of the 1990 and 

21 2000 decennial censuses; 

22 ‘‘(B) in the Small Area Income and Poverty 

23 Estimates of the Bureau of the Census for the 

24 most recent year for which the estimates are 

25 available; and 


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1 ‘‘(C) has at least 25 percent of its popu2 lation in rural areas.’’; 

3 (2) in subsection (b)(2)(C)(i) by inserting ‘‘and 

4 persistent poverty counties’’ before the semicolon; and 

5 (3) in subsection (c) by striking paragraph (2) 

6 and inserting the following: 

7 ‘‘(2) PERSISTENT POVERTY PUBLIC TRANSPOR8 TATION ASSISTANCE PROGRAM.— 

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

10 carry out a public transportation assistance pro11 gram for areas of persistent poverty. 

12 ‘‘(B) APPORTIONMENT.—Of amounts made 

13 available or appropriated for each fiscal year 

14 under section 5338(a)(2)(E)(ii) to carry out this 

15 paragraph, the Secretary shall apportion funds 

16 to recipients for service in, or directly benefit17 ting, persistent poverty counties for any eligible 

18 purpose under this section in the ratio that— 

19 ‘‘(i) the number of individuals in each 

20 such rural area residing in a persistent 

21 poverty county; bears to 

22 ‘‘(ii) the number of individuals in all 

23 such rural areas residing in a persistent 

24 poverty county.’’. 


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1 SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT RE2 DUCED FARE TRANSIT. 

3 Section 5312 of title 49, United States Code, is amend4 ed by adding at the end the following: 

5 ‘‘(j) DEMONSTRATION GRANTS TO SUPPORT REDUCED

6 FARE TRANSIT.— 

7 ‘‘(1) IN GENERAL.—Not later than 300 days 

8 after the date of enactment of the INVEST in Amer9 ica Act, the Secretary shall award grants (which shall 

10 be known as ‘Access to Jobs Grants’) to eligible enti11 ties, on a competitive basis, to implement reduced 

12 fare transit service. 

13 ‘‘(2) NOTICE.—Not later than 180 days after the 

14 date of enactment of the INVEST in America Act, the 

15 Secretary shall provide notice to eligible entities of the 

16 availability of grants under paragraph (1). 

17 ‘‘(3) APPLICATION.—To be eligible to receive a 

18 grant under this subsection, an eligible recipient shall 

19 submit to the Secretary an application containing 

20 such information as the Secretary may require, in21 cluding, at a minimum, the following: 

22 ‘‘(A) A description of how the eligible entity 

23 plans to implement reduced fare transit access 

24 with respect to low-income individuals, includ25 ing any eligibility requirements for such transit 

26 access. 


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1 ‘‘(B) A description of how the eligible entity 

2 will consult with local community stakeholders, 

3 labor unions, local education agencies and insti4 tutions of higher education, public housing agen5 cies, and workforce development boards in the 

6 implementation of reduced fares. 

7 ‘‘(C) A description of the eligible entity’s 

8 current fare evasion enforcement policies, includ9 ing how the eligible entity plans to use the re10 duced fare program to reduce fare evasion. 

11 ‘‘(D) An estimate of additional costs to such 

12 eligible entity as a result of reduced transit fares. 

13 ‘‘(E) A plan for a public awareness cam14 paign of the transit agency’s ability to provide 

15 reduced fares, including in foreign languages, 

16 based on— 

17 ‘‘(i) data from the Bureau of the Cen18 sus, consistent with the local area demo19 graphics where the transit agency operates, 

20 including the languages that are most prev21 alent and commonly requested for trans22 lation services; or 

23 ‘‘(ii) qualitative and quantitative ob24 servation from community service providers 

25 including those that provide health and 


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1 mental health services, social services, trans2 portation, and other relevant social services. 

3 ‘‘(F) Projected impacts on ridership. 

4 ‘‘(G) Projected benefits in closing transit eq5 uity gaps. 

6 ‘‘(H) Projected impact on the ability of stu7 dents to access education or workforce training 

8 programs. 

9 ‘‘(4) GRANT DURATION.—Grants awarded under 

10 this subsection shall be for a 2-year period. 

11 ‘‘(5) SELECTION OF ELIGIBLE RECIPIENTS.—In 

12 carrying out the program under this subsection, the 

13 Secretary shall award not more than 20 percent of 

14 grants to eligible entities located in rural areas. 

15 ‘‘(6) USES OF FUNDS.—An eligible entity receiv16 ing a grant under this subsection shall use such grant 

17 to implement a reduced fare transit program and off18 set lost fare revenue. 

19 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this 

20 section shall be construed to limit the eligibility of an 

21 applicant if a State, local, or Tribal governmental en22 tity provides reduced fare transportation to low-in23 come individuals. 

24 ‘‘(8) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible 

2 entity’ means a State, local, or Tribal govern3 mental entity that operates a public transpor4 tation service and is a recipient or subrecipient 

5 of funds under this chapter. 

6 ‘‘(B) LOW-INCOME INDIVIDUAL.—The term 

7 ‘low-income individual’ means an individual— 

8 ‘‘(i) that has qualified for— 

9 ‘‘(I) any program of medical as10 sistance under a State plan or under a 

11 waiver of the plan under title XIX of 

12 the Social Security Act (42 U.S.C. 

13 1396 et seq.); 

14 ‘‘(II) supplemental nutrition as15 sistance program (SNAP) under the 

16 Food and Nutrition Act of 2008 (7 

17 U.S.C. 2011 et seq.); 

18 ‘‘(III) the program of block grants 

19 for States for temporary assistance for 

20 needy families (TANF) established 

21 under part A of title IV of the Social 

22 Security Act (42 U.S.C. 601 et seq.); 

23 ‘‘(IV) the free and reduced price 

24 school lunch program established under 


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1 the Richard B. Russell National School 

2 Lunch Act (42 U.S.C. 1751 et seq.); 

3 ‘‘(V) a housing voucher through 

4 section 8(o) of the United States Hous5 ing Act of 1937 (42 U.S.C. 1437f(o)); 

6 ‘‘(VI) benefits under the Low-In7 come Home Energy Assistance Act of 

8 1981; 

9 ‘‘(VII) special supplemental food 

10 program for women, infants and chil11 dren (WIC) under section 17 of the 

12 Child Nutrition Act of 1966 (42 U.S.C. 

13 1786); or 

14 ‘‘(VIII) a Federal Pell Grant 

15 under section 401 of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1070a); 

17 ‘‘(ii) whose family income is at or 

18 below a set percent (as determined by the el19 igible recipient) of the poverty line (as that 

20 term is defined in section 673(2) of the 

21 Community Service Block Grant Act (42 

22 U.S.C. 9902(2)), including any revision re23 quired by that section) for a family of the 

24 size involved; or 


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1 ‘‘(iii) that is a low-income veteran or 

2 member of the military. 

3 ‘‘(9) REPORT.—The Secretary shall designate a 

4 university transportation center under section 5505 to 

5 collaborate with the eligible entities receiving a grant 

6 under this subsection to collect necessary data to 

7 evaluate the effectiveness of meeting the targets de8 scribed in the application of such recipient, including 

9 increased ridership, impacts on fare evasion, and 

10 progress towards significantly closing transit equity 

11 gaps.’’. 

12 SEC. 2504. EQUITY IN TRANSIT SERVICE PLANNING. 

13 (a) BEST PRACTICES.— 

14 (1) IN GENERAL.— 

15 (A) ASSISTANCE TO PROVIDERS OF PUBLIC

16 TRANSIT.—Not later than 180 days after the date 

17 of enactment of this Act, the Secretary of Trans18 portation shall issue nonbinding best practices to 

19 assist providers of public transportation in set20 ting the threshold for a major service change as 

21 described in Circular 4702.1B of the Federal 

22 Transit Administration. 

23 (B) SPECIFIC PROVIDERS OF PUBLIC TRAN24 SIT.—For the purposes of this section, the term 

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1 viders that operate 50 or more fixed route vehi2 cles in peak service and are located in an urban3 ized area of 200,000 or more in population. 

4 (2) BEST PRACTICES.—In developing the best 

5 practices described in paragraph (1), the Secretary— 

6 (A) shall issue specific recommendations for 

7 setting the threshold of a major service change, 

8 which shall include, at a minimum, rec9 ommendations related to— 

10 (i) changes in hours of operations, in11 cluding consideration of changes during 

12 nonpeak hours; 

13 (ii) changes in the frequency of service; 

14 (iii) changes in coverage, including the 

15 opening and closing of stations and stops 

16 and the changing of routes; and 

17 (iv) the use of route-specific analyses 

18 in addition to service-area level analyses; 

19 (B) shall recommend specific percentage 

20 change standards for the elements described in 

21 clauses (i), (ii), and (iii) of subparagraph (A) to 

22 assist providers of public transportation in set23 ting the threshold for a major service change in 

24 a manner that ensures meaningful analyses and 

25 the provision of equitable service; and 


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1 (C) may issue different best practices for 

2 providers of public transportation of different 

3 sizes and service types. 

4 (b) TRANSIT COOPERATIVE RESEARCH PROGRAM RE5 PORT.— 

6 (1) REVIEW.—Not later than 3 years after the 

7 issuance of the best practices described in subsection 

8 (a), the Transit Cooperative Research Program of the 

9 National Academy of Sciences shall conduct a review 

10 of the manner in which providers of public transpor11 tation define the threshold for a major service change 

12 for purposes of compliance with Circular 4702.1B of 

13 the Federal Transit Administration, including— 

14 (A) a survey of the standards used by pro15 viders of public transportation to define the 

16 threshold for a major service change; 

17 (B) a review of the differences in standards 

18 used to define the threshold for a major service 

19 change for providers of public transportation of 

20 different sizes and service types; 

21 (C) information on the considerations used 

22 by providers of public transportation when de23 fining the threshold for a major service change; 

24 and 


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1 (D) the extent to which providers of public 

2 transportation are using the best practices de3 scribed in subsection (a). 

4 (2) REPORT.—After the completion of the review 

5 described in paragraph (1), the National Academy of 

6 Sciences shall issue a report on the findings of the re7 view and submit such report to the Committee on 

8 Transportation and Infrastructure of the House of 

9 Representatives and the Committee on Banking, 

10 Housing, and Urban Affairs of the Senate. 

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

12 (a) STUDY.—The Comptroller General of the United 

13 States shall conduct a study on the provision of fare-free 

14 transit service in the United States, including an assess15 ment of— 

16 (1) the extent to which fare-free transit is avail17 able in the United States; and 

18 (2) the potential impacts of fare-free transit, 

19 which may include— 

20 (A) increased transit ridership; 

21 (B) improved access to transportation for 

22 low-income riders and marginalized commu23 nities; 

24 (C) improved access to jobs and services; 


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1 (D) enhanced equity of the surface transpor2 tation system; 

3 (E) reductions in disputes or law enforce4 ment actions related to transit fares; 

5 (F) environmental impacts; 

6 (G) safety considerations; and 

7 (H) the challenges of replacing farebox rev8 enue. 

9 (b) REPORT.—Not later than 1 year after the date of 

10 the enactment of this Act, the Comptroller General shall 

11 submit to the Committee on Transportation and Infrastruc12 ture of the House of Representatives and the Committee on 

13 Banking, Housing, and Urban Affairs of the Senate a re14 port containing the results of the study conducted under 

15 subsection (a). 

16 Subtitle F—Supporting Frontline 

17 Workers and Passenger Safety 

18 SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE 

19 TRAINING CENTER. 

20 Section 5314(b) of title 49, United States Code, is 

21 amended— 

22 (1) by striking paragraph (2) and inserting the 

23 following: 

24 ‘‘(2) NATIONAL TRANSIT FRONTLINE WORKFORCE

25 TRAINING CENTER.— 


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1 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

2 establish a national transit frontline workforce 

3 training center (hereinafter referred to as the 

4 ‘Center’) and enter into a cooperative agreement 

5 with a nonprofit organization with a dem6 onstrated capacity to develop and provide transit 

7 career pathway programs through labor-manage8 ment partnerships and registered apprentice9 ships on a nationwide basis, in order to carry 

10 out the duties under subparagraph (B). The Cen11 ter shall be dedicated to the needs of the frontline 

12 transit workforce in both rural and urban tran13 sit systems by providing training in the mainte14 nance and operations occupations based on in15 dustry best practices. 

16 ‘‘(B) DUTIES.— 

17 ‘‘(i) IN GENERAL.—In cooperation 

18 with the Administrator of the Federal Tran19 sit Administration, public transportation 

20 authorities, and national entities, the Cen21 ter shall develop and conduct training and 

22 educational programs for frontline local 

23 transportation employees of recipients eligi24 ble for funds under this chapter. 


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1 ‘‘(ii) TRAINING AND EDUCATIONAL

2 PROGRAMS.—The training and educational 

3 programs developed under clause (i) may 

4 include courses in recent developments, tech5 niques, and procedures related to— 

6 ‘‘(I) developing consensus national 

7 training standards, skills, com8 petencies, and recognized postsecondary 

9 credentials in partnership with indus10 try stakeholders for key frontline tran11 sit occupations with demonstrated skill 

12 gaps; 

13 ‘‘(II) developing recommendations 

14 and best practices for curriculum and 

15 recognized postsecondary credentials, 

16 including related instruction and on17 the-job learning for registered appren18 ticeship programs for transit mainte19 nance and operations occupations; 

20 ‘‘(III) building local, regional, 

21 and statewide transit training part22 nerships to identify and address work23 force skill gaps and develop skills, com24 petencies, and recognized postsecondary 

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1 ity transit service and supporting em2 ployee career advancement; 

3 ‘‘(IV) developing programs for 

4 training of transit frontline workers, 

5 instructors, mentors, and labor-man6 agement partnership representatives, 

7 in the form of classroom, hands-on, on8 the-job, and web-based training, deliv9 ered at a national center, regionally, 

10 or at individual transit agencies; 

11 ‘‘(V) developing training pro12 grams for skills and competencies re13 lated to existing and emerging transit 

14 technologies, including zero emission 

15 buses; 

16 ‘‘(VI) developing improved capac17 ity for safety, security, and emergency 

18 preparedness in local transit systems 

19 and in the industry as a whole 

20 through— 

21 ‘‘(aa) developing the role of 

22 the transit frontline workforce in 

23 building and sustaining safety 

24 culture and safety systems in the 


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1 industry and in individual public 

2 transportation systems; and 

3 ‘‘(bb) training to address 

4 transit frontline worker roles in 

5 promoting health and safety for 

6 transit workers and the riding 

7 public; 

8 ‘‘(VII) developing local transit ca9 pacity for career pathways programs 

10 with schools and other community or11 ganizations for recruiting and training 

12 under-represented populations as suc13 cessful transit employees who can de14 velop careers in the transit industry; 

15 ‘‘(VIII) in collaboration with the 

16 Administrator of the Federal Transit 

17 Administration, the Bureau of Labor 

18 Statistics, the Employment and Train19 ing Adminstration, and organizations 

20 representing public transit agencies, 

21 conducting and disseminating research 

22 to— 

23 ‘‘(aa) provide transit work24 force job projections and identify 

25 training needs and gaps; 


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1 ‘‘(bb) determine the most 

2 cost-effective methods for transit 

3 workforce training and develop4 ment, including return on invest5 ment analysis; 

6 ‘‘(cc) identify the most effec7 tive methods for implementing 

8 successful safety systems and a 

9 positive safety culture; and 

10 ‘‘(dd) promote transit work11 force best practices for achieving 

12 cost-effective, quality, safe, and re13 liable public transportation serv14 ices; and 

15 ‘‘(IX) providing culturally com16 petent training and educational pro17 grams to all who participate, regard18 less of gender, sexual orientation, or 

19 gender identity, including those with 

20 limited English proficiency, diverse 

21 cultural and ethnic backgrounds, and 

22 disabilities. 

23 ‘‘(C) COORDINATION.—The Secretary shall 

24 coordinate activities under this section, to the 

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1 ment and Training Administration, including 

2 the National Office of Apprenticeship of the De3 partment of Labor and the Office of Career, 

4 Technical, and Adult Education of the Depart5 ment of Education. 

6 ‘‘(D) AVAILABILITY OF AMOUNTS.— 

7 ‘‘(i) IN GENERAL.—Not more than 1 

8 percent of amounts made available to a re9 cipient under sections 5307, 5337, and 5339 

10 and not more than 2 percent of amounts 

11 made available to a recipient under section 

12 5311 is available for expenditures by the re13 cipient, with the approval of the Secretary, 

14 to pay not more than 80 percent of the cost 

15 of eligible activities under this subsection. 

16 ‘‘(ii) EXISTING PROGRAMS.—A recipi17 ent may use amounts made available under 

18 clause (i) to carry out existing local edu19 cation and training programs for public 

20 transportation employees supported by the 

21 Secretary, the Department of Labor, or the 

22 Department of Education. 

23 ‘‘(iii) LIMITATION.—Any funds made 

24 available under this section that are used to 

25 fund an apprenticeship or apprenticeship 


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1 program shall only be used for, or provided 

2 to, a registered apprenticeship program, in3 cluding any funds awarded for the purposes 

4 of grants, contracts, or cooperative agree5 ments, or the development, implementation, 

6 or administration, of an apprenticeship or 

7 an apprenticeship program. 

8 ‘‘(E) DEFINITIONS.—In this paragraph: 

9 ‘‘(i) CAREER PATHWAY.—The term ‘ca10 reer pathway’ has the meaning given such 

11 term in section 3 of the Workforce Innova12 tion and Opportunity Act (29 U.S.C. 3102). 

13 ‘‘(ii) RECOGNIZED POSTSECONDARY

14 CREDENTIAL.—The term ‘recognized postsec15 ondary credential’ has the meaning given 

16 such term in section 3 of the Workforce In17 novation and Opportunity Act (29 U.S.C. 

18 3102). 

19 ‘‘(iii) REGISTERED APPRENTICESHIP

20 PROGRAM.—The term ‘registered apprentice21 ship program’ means an apprenticeship 

22 program registered with the Department of 

23 Labor or a Federally-recognized State Ap24 prenticeship Agency and that complies with 

25 the requirements under parts 29 and 30 of 


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1 title 29, Code of Federal Regulations, as in 

2 effect on January 1, 2019.’’; 

3 (2) in paragraph (3) by striking ‘‘or (2)’’; and 

4 (3) by striking paragraph (4). 

5 SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

6 Section 5329 of title 49, United States Code, is amend7 ed— 

8 (1) in subsection (b)(2)(C)(ii)— 

9 (A) in subclause (I) by striking ‘‘and’’ at 

10 the end; 

11 (B) in subclause (II) by striking the semi12 colon and inserting ‘‘; and’’; and 

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

14 ‘‘(III) innovations in driver as15 sistance technologies and driver protec16 tion infrastructure where appropriate, 

17 and a reduction in visibility impair18 ments that contribute to pedestrian fa19 talities;’’; 

20 (2) in subsection (b)(2)— 

21 (A) by redesignating subparagraphs (D) 

22 and (E) as subparagraphs (E) and (F), respec23 tively; and 

24 (B) by adding after subparagraph (C) the 

25 following: 


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1 ‘‘(D) in consultation with the Secretary of 

2 the Department of Health and Human Services, 

3 precautionary and reactive actions required to 

4 ensure public and personnel safety and health 

5 during an emergency as defined in section 

6 5324;’’. 

7 (3) in subsection (d)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A) by inserting 

10 ‘‘the safety committee established under 

11 paragraph (4), and subsequently,’’ before 

12 ‘‘the board of directors’’; 

13 (ii) in subparagraph (C) by striking 

14 ‘‘public, personnel, and property’’ and in15 serting ‘‘public and personnel to injuries, 

16 assaults, fatalities, and, consistent with 

17 guidelines by the Centers for Disease Con18 trol and Prevention, infectious diseases, and 

19 strategies to minimize the exposure of prop20 erty’’; 

21 (iii) in subparagraph (F) by striking 

22 ‘‘and’’ at the end; and 

23 (iv) by striking subparagraph (G) and 

24 inserting the following: 


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1 ‘‘(G) a comprehensive staff training pro2 gram for the operations and maintenance per3 sonnel and personnel directly responsible for 

4 safety of the recipient that includes— 

5 ‘‘(i) the completion of a safety training 

6 program; 

7 ‘‘(ii) continuing safety education and 

8 training; and 

9 ‘‘(iii) de-escalation training; 

10 ‘‘(H) a requirement that the safety com11 mittee only approve a safety plan under sub12 paragraph (A) if such plan stays within such re13 cipient’s fiscal budget; and 

14 ‘‘(I) a risk reduction program for transit 

15 operations to improve safety by reducing the 

16 number and rates of accidents, injuries, and as17 saults on transit workers using data submitted to 

18 the National Transit Database, including— 

19 ‘‘(i) a reduction of vehicular and pe20 destrian accidents involving buses that in21 cludes measures to reduce visibility impair22 ments for bus operators that contribute to 

23 accidents, including retrofits to buses in 

24 revenue service and specifications for future 


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1 procurements that reduce visibility impair2 ments; and 

3 ‘‘(ii) transit worker assault mitigation, 

4 including the deployment of assault mitiga5 tion infrastructure and technology on buses, 

6 including barriers to restrict the unwanted 

7 entry of individuals and objects into bus op8 erators’ workstations when a recipient’s risk 

9 analysis performed by the safety committee 

10 established in paragraph (4) determines 

11 that such barriers or other measures would 

12 reduce assaults on and injuries to transit 

13 workers.’’; and 

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

15 ‘‘(4) SAFETY COMMITTEE.—For purposes of the 

16 approval process of an agency safety plan under 

17 paragraph (1), the safety committee shall be convened 

18 by a joint labor-management process and consist of 

19 an equal number of— 

20 ‘‘(A) frontline employee representatives, se21 lected by the labor organization representing the 

22 plurality of the frontline workforce employed by 

23 the recipient or if applicable a contractor to the 

24 recipient; and 


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1 ‘‘(B) employer or State representatives.’’; 

2 and 

3 (4) in subsection (e)(4)(A)(v) by inserting ‘‘, in4 spection,’’ after ‘‘has investigative’’. 

5 SEC. 2603. INNOVATION WORKFORCE STANDARDS. 

6 (a) PROHIBITION ON USE OF FUNDS.—No financial 

7 assistance under chapter 53 of title 49, United States Code, 

8 may be used for— 

9 (1) an automated vehicle providing public trans10 portation unless— 

11 (A) the recipient of such assistance that 

12 proposes to deploy an automated vehicle pro13 viding public transportation certifies to the Sec14 retary of Transportation that the deployment 

15 does not eliminate or reduce the frequency of ex16 isting public transportation service; and 

17 (B) the Secretary receives, approves, and 

18 publishes the workforce development plan under 

19 subsection (b) submitted by the eligible entity 

20 when required by subsection (b)(1); and 

21 (2) a mobility on demand service unless— 

22 (A) the recipient of such assistance that 

23 proposes to deploy a mobility on demand service 

24 certifies to the Secretary that the service meets 

25 the criteria under section 5307, 5310, 5311, 


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1 5312, or 5316 of title 49, United States Code; 

2 and 

3 (B) the Secretary receives, approves, and 

4 publishes the workforce development plan under 

5 subsection (b) submitted by the eligible entity 

6 when required by subsection (b)(1). 

7 (b) WORKFORCE DEVELOPMENT PLAN.— 

8 (1) IN GENERAL.—A recipient of financial as9 sistance under chapter 53 of title 49, United States 

10 Code, proposing to deploy an automated vehicle pro11 viding public transportation or mobility on demand 

12 service shall submit to the Secretary, prior to imple13 mentation of such service, a workforce development 

14 plan if such service, combined with any other auto15 mated vehicle providing public transportation or mo16 bility on demand service offered by such recipient, 

17 would exceed more than 0.5 percent of the recipient’s 

18 total annual transit passenger miles traveled. 

19 (2) CONTENTS.—The workforce development plan 

20 under subsection (a) shall include the following: 

21 (A) A description of services offered by ex22 isting conventional modes of public transpor23 tation in the area served by the recipient that 

24 could be affected by the proposed automated vehi25 cle providing public transportation or mobility 


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1 on demand service, including jobs and functions 

2 of such jobs. 

3 (B) A forecast of the number of jobs pro4 vided by existing conventional modes of public 

5 transportation that would be eliminated or that 

6 would be substantially changed and the number 

7 of jobs expected to be created by the proposed 

8 automated vehicle providing public transpor9 tation or mobility on demand service over a 5- 

10 year period from the date of the publication of 

11 the workforce development plan. 

12 (C) Identified gaps in skills needed to oper13 ate and maintain the proposed automated vehi14 cle providing public transportation or mobility 

15 on demand service. 

16 (D) A comprehensive plan to transition, 

17 train, or retrain employees that could be affected 

18 by the proposed automated vehicle providing 

19 public transportation or mobility on demand 

20 service. 

21 (E) An estimated budget to transition, 

22 train, or retrain employees impacted by the pro23 posed automated vehicle providing public trans24 portation or mobility on demand service over a 


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1 5-year period from the date of the publication of 

2 the workforce development plan. 

3 (c) NOTICE REQUIRED.— 

4 (1) IN GENERAL.—A recipient of financial as5 sistance under chapter 53 of title 49, United States 

6 Code, shall issue a notice to employees who, due to the 

7 use of an automated vehicle providing public trans8 portation or mobility on demand service, may be sub9 jected to a loss of employment or a change in respon10 sibilities not later than 60 days before signing a con11 tract for such service or procurement. A recipient 

12 shall provide employees copies of a request for a pro13 posal related to an automated vehicle providing pub14 lic transportation or mobility on demand services at 

15 the time such request is issued. 

16 (2) CONTENT.—The notice required in para17 graph (1) shall include the following: 

18 (A) A description of the automated vehicle 

19 providing public transportation or mobility on 

20 demand service. 

21 (B) The impact of the automated vehicle 

22 providing public transportation or mobility on 

23 demand service on employment positions, includ24 ing a description of which employment positions 


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1 will be affected and whether any new positions 

2 will be created. 

3 (d) DEFINITIONS.—In this section: 

4 (1) AUTOMATED VEHICLE.—The term ‘‘auto5 mated vehicle’’ means a motor vehicle that— 

6 (A) is capable of performing the entire task 

7 of driving (including steering, accelerating and 

8 decelerating, and reacting to external stimulus) 

9 without human intervention; and 

10 (B) is designed to be operated exclusively by 

11 a Level 4 or Level 5 automated driving system 

12 for all trips according to the recommended prac13 tice standards published on June 15, 2018, by 

14 the Society of Automotive Engineers Inter15 national (J3016l201806) or equivalent stand16 ards adopted by the Secretary with respect to 

17 automated motor vehicles. 

18 (2) MOBILITY ON DEMAND.—The term ‘‘mobility 

19 on demand’’ has the meaning given such term in sec20 tion 5316 of title 49, United States Code. 

21 (3) PUBLIC TRANSPORTATION.—The term ‘‘pub22 lic transportation’’ has the meaning given such term 

23 in section 5302 of title 49, United States Code. 

24 (e) SAVINGS CLAUSE.—Nothing in this section shall 

25 prohibit the use of funds for an eligible activity or pilot 


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1 project of a covered recipient authorized under current law 

2 prior to the date of enactment of this Act. 

3 SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET 

4 ASIDES. 

5 Section 5329(d)(2) of title 49, United States Code, is 

6 amended to read as follows: 

7 ‘‘(2) SAFETY COMMITTEE PERFORMANCE MEAS8 URES.— 

9 ‘‘(A) IN GENERAL.—The safety committee 

10 described in paragraph (4) shall establish per11 formance measures for the risk reduction pro12 gram in paragraph (1)(I) using a 3-year rolling 

13 average of the data submitted by the recipient to 

14 the National Transit Database. 

15 ‘‘(B) SAFETY SET ASIDE.—With respect to a 

16 recipient serving an urbanized area that receives 

17 funds under section 5307, such recipient shall al18 locate not less than 0.75 percent of such funds to 

19 projects eligible under section 5307. 

20 ‘‘(C) FAILURE TO MEET PERFORMANCE

21 MEASURES.—Any recipient that receives funds 

22 under section 5307 that does not meet the per23 formance measures established in subparagraph 

24 (A) shall allocate the amount made available in 


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1 subparagraph (B) in the following fiscal year to 

2 projects described in subparagraph (D). 

3 ‘‘(D) ELIGIBLE PROJECTS.—Funds set aside 

4 under this paragraph shall be used for projects 

5 that are reasonably likely to meet the perform6 ance measures established in subparagraph (A), 

7 including modifications to rolling stock and de8 escalation training.’’. 

9 SEC. 2605. U.S. EMPLOYMENT PLAN. 

10 (a) IN GENERAL.—Chapter 53 of title 49, United 

11 States Code, is amended by adding at the end the following: 

12 ‘‘§ 5341. U.S. Employment Plan 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) COMMITMENT TO HIGH-QUALITY CAREER

15 AND BUSINESS OPPORTUNITIES.—The term ‘commit16 ment to high-quality career and business opportuni17 ties’ means participation in a registered apprentice18 ship program. 

19 ‘‘(2) COVERED INFRASTRUCTURE PROGRAM.— 

20 The term ‘covered infrastructure program’ means any 

21 activity under a program or project under this chap22 ter for the purchase or acquisition of rolling stock. 

23 ‘‘(3) U.S. EMPLOYMENT PLAN.—The term ‘U.S. 

24 Employment Plan’ means a plan under which an enVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00833 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 tity receiving Federal assistance for a project under 

2 a covered infrastructure program shall— 

3 ‘‘(A) include in a request for proposal an 

4 encouragement for bidders to include, with re5 spect to the project— 

6 ‘‘(i) high-quality wage, benefit, and 

7 training commitments by the bidder and the 

8 supply chain of the bidder for the project; 

9 and 

10 ‘‘(ii) a commitment to recruit and hire 

11 individuals described in subsection (e) if the 

12 project results in the hiring of employees 

13 not currently or previously employed by the 

14 bidder and the supply chain of the bidder 

15 for the project; 

16 ‘‘(B) give preference for the award of the 

17 contract to a bidder that includes the commit18 ments described in clauses (i) and (ii) of sub19 paragraph (A); and 

20 ‘‘(C) ensure that each bidder that includes 

21 the commitments described in clauses (i) and (ii) 

22 of subparagraph (A) that is awarded a contract 

23 complies with those commitments. 

24 ‘‘(4) REGISTERED APPRENTICESHIP PROGRAM.— 

25 The term ‘registered apprenticeship program’ means 


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1 an apprenticeship program registered under the Act 

2 of August 16, 1937 (commonly known as the ‘Na3 tional Apprenticeship Act’; 50 Stat. 664, chapter 663; 

4 29 U.S.C. 50 et seq.), including any requirement, 

5 standard, or rule promulgated under such Act, as 

6 such requirement, standard, or rule was in effect on 

7 December 30, 2019. 

8 ‘‘(b) BEST-VALUE FRAMEWORK.—To the maximum 

9 extent practicable, a recipient of assistance under a covered 

10 infrastructure program is encouraged— 

11 ‘‘(1) to ensure that each dollar invested in infra12 structure uses a best-value contracting framework to 

13 maximize the local value of federally funded contracts 

14 by evaluating bids on price and other technical cri15 teria prioritized in the bid, such as— 

16 ‘‘(A) equity; 

17 ‘‘(B) environmental and climate justice; 

18 ‘‘(C) impact on greenhouse gas emissions; 

19 ‘‘(D) resilience; 

20 ‘‘(E) the results of a 40-year life-cycle anal21 ysis; 

22 ‘‘(F) safety; 

23 ‘‘(G) commitment to creating or sustaining 

24 high-quality job opportunities affiliated with 

25 registered apprenticeship programs (as defined 


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1 in subsection (a)(3)) for disadvantaged or under2 represented individuals in infrastructure indus3 tries in the United States; and 

4 ‘‘(H) access to jobs and essential services by 

5 all modes of travel for all users, including indi6 viduals with disabilities; and 

7 ‘‘(2) to ensure community engagement, trans8 parency, and accountability in carrying out each 

9 stage of the project. 

10 ‘‘(c) PREFERENCE FOR REGISTERED APPRENTICESHIP

11 PROGRAMS.—To the maximum extent practicable, a recipi12 ent of assistance under a covered infrastructure program, 

13 with respect to the project for which the assistance is re14 ceived, shall give preference to a bidder that demonstrates 

15 a commitment to high-quality job opportunities affiliated 

16 with registered apprenticeship programs. 

17 ‘‘(d) USE OF U.S. EMPLOYMENT PLAN.—Notwith18 standing any other provision of law, in carrying out a 

19 project under a covered infrastructure program that receives 

20 assistance under this chapter, the recipient shall use a U.S. 

21 Employment Plan for each contract of $10,000,000 or more 

22 for the purchase of manufactured goods or of services, based 

23 on an independent cost estimate. 


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1 ‘‘(e) PRIORITY.—The Secretary shall ensure that the 

2 entity carrying out a project under the covered infrastruc3 ture program gives priority to— 

4 ‘‘(1) individuals with a barrier to employment 

5 (as defined in section 3 of the Workforce Innovation 

6 and Opportunity Act (29 U.S.C. 3102)), including 

7 ex-offenders and disabled individuals; 

8 ‘‘(2) veterans; and 

9 ‘‘(3) individuals that represent populations that 

10 are traditionally underrepresented in the infrastruc11 ture workforce, such as women and racial and ethnic 

12 minorities. 

13 ‘‘(f) REPORT.—Not less frequently than once each fis14 cal year, the Secretary shall jointly submit to Congress a 

15 report describing the implementation of this section. 

16 ‘‘(g) INTENT OF CONGRESS.— 

17 ‘‘(1) IN GENERAL.—It is the intent of Congress— 

18 ‘‘(A) to encourage recipients of Federal as19 sistance under covered infrastructure programs 

20 to use a best-value contracting framework de21 scribed in subsection (b) for the purchase of 

22 goods and services; 

23 ‘‘(B) to encourage recipients of Federal as24 sistance under covered infrastructure programs 

25 to use preferences for registered apprenticeship 


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1 programs as described in subsection (c) when 

2 evaluating bids for projects using that assistance; 

3 ‘‘(C) to require that recipients of Federal 

4 assistance under covered infrastructure programs 

5 use the U.S. Employment Plan in carrying out 

6 the project for which the assistance was provided; 

7 and 

8 ‘‘(D) that full and open competition under 

9 covered infrastructure programs means a proce10 dural competition that prevents corruption, fa11 voritism, and unfair treatment by recipient 

12 agencies. 

13 ‘‘(2) INCLUSION.—A best-value contracting 

14 framework described in subsection (b) is a framework 

15 that authorizes a recipient of Federal assistance 

16 under a covered infrastructure program, in awarding 

17 contracts, to evaluate a range of factors, including 

18 price, the quality of products, the quality of services, 

19 and commitments to the creation of good jobs for all 

20 people in the United States.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chapter 

22 53 of title 49, United States Code, is amended by adding 

23 at the end the following: 

‘‘5341. U.S. Employment Plan.’’. 


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1 SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DE2 VELOPMENT. 

3 Section 5314(a) of title 49, United States Code, is 

4 amended— 

5 (1) in paragraph (2) by inserting after subpara6 graph (H) (as added by section 2104 of this Act) the 

7 following: 

8 ‘‘(I) provide innovation and capacity-build9 ing to rural and tribal public transportation re10 cipients that do not duplicate the activities of 

11 sections 5311(b) or 5312; and’’; and 

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

13 ‘‘(4) AVAILABILITY OF AMOUNTS.—Of the 

14 amounts made available to carry out this section 

15 under section 5338(a)(2)(G)(i), $1,500,000 shall be 

16 available to carry out activities described in para17 graph (2)(I).’’. 

18 SEC. 2607. RESILIENT PUBLIC TRANSPORTATION STUDY. 

19 (a) STUDY.—The Secretary of Transportation shall 

20 conduct a study on resilience planning and innovative re21 silience strategies for public transportation and shared mo22 bility. 

23 (b) CONTENTS.—In carrying out the study under sub24 section (a), the Secretary shall assess— 


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1 (1) best practices for making public transpor2 tation more resilient to external shocks, such as 

3 pandemics and natural hazards; and 

4 (2) new materials and technologies that may im5 prove the resilience of public transportation and 

6 shared mobility, including innovative transit vehicles, 

7 emerging electric vehicle chassis platforms, and smart 

8 air quality control systems. 

9 (c) PARTNERSHIPS.—In carrying out the study under 

10 subsection (a), the Secretary shall consult with institutions 

11 of higher education, as such term is defined in section 101 

12 of the Higher Education Act of 1965 (20 U.S.C. 1001), aca13 demic experts, and nonprofit organizations with expertise 

14 in engineering, travel behavior, artificial intelligence, pol15 icy analysis, planning, public healthy and safety, and so16 cial and racial equity. 

17 (d) REPORT.—Not later than 1 year after the date of 

18 enactment of this Act, the Secretary shall submit to the 

19 Committee on Transportation and Infrastructure of the 

20 House of Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate a report con22 taining the results of the study conducted under subsection 

23 (a). 


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1 Subtitle G—Transit-Supportive 

2 Communities 

3 SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES. 

4 (a) IN GENERAL.—Chapter 53 of title 49, United 

5 States Code, is amended by inserting after section 5327 the 

6 following: 

7 ‘‘§ 5328. Transit-supportive communities 

8 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

9 within the Federal Transit Administration, an Office of 

10 Transit-Supportive Communities to make grants, provide 

11 technical assistance, and assist in the coordination of tran12 sit and housing policies within the Federal Transit Admin13 istration, the Department of Transportation, and across the 

14 Federal Government. 

15 ‘‘(b) TRANSIT ORIENTED DEVELOPMENT PLANNING

16 GRANT PROGRAM.— 

17 ‘‘(1) DEFINITION.—In this subsection the term 

18 ‘eligible project’ means— 

19 ‘‘(A) a new fixed guideway capital project 

20 or a core capacity improvement project as de21 fined in section 5309; 

22 ‘‘(B) an existing fixed guideway system, or 

23 an existing station that is served by a fixed 

24 guideway system; or 


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1 ‘‘(C) the immediate corridor along the high2 est 25 percent of routes by ridership as dem3 onstrated in section 5336(b)(2)(B). 

4 ‘‘(2) GENERAL AUTHORITY.—The Secretary may 

5 make grants under this subsection to a State, local 

6 governmental authority, or metropolitan planning or7 ganization to assist in financing comprehensive plan8 ning associated with an eligible project that seeks 

9 to— 

10 ‘‘(A) enhance economic development, rider11 ship, equity, reduction of greenhouse gas emis12 sions, or other goals established during the 

13 project development and engineering processes or 

14 the grant application; 

15 ‘‘(B) facilitate multimodal connectivity and 

16 accessibility; 

17 ‘‘(C) increase access to transit hubs for pe18 destrian and bicycle traffic; 

19 ‘‘(D) enable mixed-use development; 

20 ‘‘(E) identify infrastructure needs associ21 ated with the eligible project; and 

22 ‘‘(F) include private sector participation. 

23 ‘‘(3) ELIGIBILITY.—A State, local governmental 

24 authority, or metropolitan planning organization 

25 that desires to participate in the program under this 


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1 subsection shall submit to the Secretary an applica2 tion that contains at a minimum— 

3 ‘‘(A) an identification of an eligible project; 

4 ‘‘(B) a schedule and process for the develop5 ment of a comprehensive plan; 

6 ‘‘(C) a description of how the eligible project 

7 and the proposed comprehensive plan advance 

8 the metropolitan transportation plan of the met9 ropolitan planning organization; 

10 ‘‘(D) proposed performance criteria for the 

11 development and implementation of the com12 prehensive plan; 

13 ‘‘(E) a description of how the project will 

14 advance equity and reduce and mitigate social 

15 and economic impacts on existing residents and 

16 businesses and communities historically excluded 

17 from economic opportunities vulnerable to dis18 placement; and 

19 ‘‘(F) identification of— 

20 ‘‘(i) partners; 

21 ‘‘(ii) availability of and authority for 

22 funding; and 

23 ‘‘(iii) potential State, local or other 

24 impediments to the implementation of the 

25 comprehensive plan. 


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1 ‘‘(4) COST SHARE.—A grant under this sub2 section shall not exceed an amount in excess of 80 

3 percent of total project costs, except that a grant that 

4 includes an affordable housing component shall not 

5 exceed an amount in excess of 90 percent of total 

6 project costs. 

7 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

8 provide technical assistance to States, local governmental 

9 authorities, and metropolitan planning organizations in 

10 the planning and development of transit-oriented develop11 ment projects and transit-supportive corridor policies, in12 cluding— 

13 ‘‘(1) the siting, planning, financing, and inte14 gration of transit-oriented development projects; 

15 ‘‘(2) the integration of transit-oriented develop16 ment and transit-supportive corridor policies in the 

17 preparation for and development of an application 

18 for funding under section 602 of title 23; 

19 ‘‘(3) the siting, planning, financing, and inte20 gration of transit-oriented development and transit21 supportive corridor policies associated with projects 

22 under section 5309; 

23 ‘‘(4) the development of housing feasibility as24 sessments as allowed under section 5309(g)(3)(B); 


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1 ‘‘(5) the development of transit-supportive cor2 ridor policies that promote transit ridership and 

3 transit-oriented development; 

4 ‘‘(6) the development, implementation, and man5 agement of land value capture programs; and 

6 ‘‘(7) the development of model contracts, model 

7 codes, and best practices for the implementation of 

8 transit-oriented development projects and transit-sup9 portive corridor policies. 

10 ‘‘(d) VALUE CAPTURE POLICY REQUIREMENTS.— 

11 ‘‘(1) VALUE CAPTURE POLICY.—Not later than 

12 October 1 of the fiscal year that begins 2 years after 

13 the date of enactment of this section, the Secretary, in 

14 collaboration with State departments of transpor15 tation, metropolitan planning organizations, and re16 gional council of governments, shall establish vol17 untary and consensus-based value capture standards, 

18 policies, and best practices for State and local value 

19 capture mechanisms that promote greater investments 

20 in public transportation and affordable transit-ori21 ented development. 

22 ‘‘(2) REPORT.—Not later than 15 months after 

23 the date of enactment of this section, the Secretary 

24 shall make available to the public a report cataloging 

25 examples of State and local laws and policies that 


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1 provide for value capture and value sharing that pro2 mote greater investment in public transportation and 

3 affordable transit-oriented development. 

4 ‘‘(e) EQUITY.—In providing technical assistance under 

5 subsection (c), the Secretary shall incorporate strategies to 

6 promote equity for underrepresented and underserved com7 munities, including— 

8 ‘‘(1) preventing displacement of existing resi9 dents and businesses; 

10 ‘‘(2) mitigating rent and housing price increases; 

11 ‘‘(3) incorporating affordable rental and owner12 ship housing in transit-oriented development; 

13 ‘‘(4) engaging under-served, limited English pro14 ficiency, low-income, and minority communities in 

15 the planning process; 

16 ‘‘(5) fostering economic development opportuni17 ties for existing residents and businesses; and 

18 ‘‘(6) targeting affordable housing that help lessen 

19 homelessness. 

20 ‘‘(f) AUTHORITY TO REQUEST STAFFING ASSIST21 ANCE.—In fulfilling the duties of this section, the Secretary 

22 shall, as needed, request staffing and technical assistance 

23 from other Federal agencies, programs, administrations, 

24 boards, or commissions. 


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1 ‘‘(g) REVIEW EXISTING POLICIES AND PROGRAMS.— 

2 Not later than 24 months after the date of enactment of 

3 this section, the Secretary shall review and evaluate all ex4 isting policies and programs within the Federal Transit 

5 Administration that support or promote transit-oriented 

6 development to ensure their coordination and effectiveness 

7 relative to the goals of this section. 

8 ‘‘(h) REPORTING.—Not later than February 1 of each 

9 year beginning the year after the date of enactment of this 

10 section, the Secretary shall prepare a report detailing the 

11 grants and technical assistance provided under this section, 

12 the number of affordable housing units constructed or 

13 planned as a result of projects funded in this section, and 

14 the number of affordable housing units constructed or 

15 planned as a result of a property transfer under section 

16 5334(h)(1). The report shall be provided to the Committee 

17 on Transportation and Infrastructure of the House of Rep18 resentatives and the Committee on Banking, Housing, and 

19 Urban Affairs of the Senate. 

20 ‘‘(i) SAVINGS CLAUSE.—Nothing in this section au21 thorizes the Secretary to provide any financial assistance 

22 for the construction of housing. 

23 ‘‘(j) PRIORITY FOR LOW-INCOME AREAS.—In award24 ing grants under this section, the Secretary shall give pri25 ority to projects under this section that expand or build 


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1 transit in low-income areas or that provide access to public 

2 transportation to low-income areas that do not have access 

3 to public transportation.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chapter 

5 53 of title 49, United States Code, is amended by inserting 

6 after the item relating to section 5327 the following: 

‘‘5328. Transit-supportive communities.’’. 

7 (c) TECHNICAL AND CONFORMING AMENDMENT.—Sec8 tion 20005 of the MAP–21 (Public Law 112–141) is amend9 ed— 

10 (1) by striking ‘‘(a) AMENDMENT.—’’; and 

11 (2) by striking subsection (b). 

12 SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE 

13 HOUSING. 

14 Section 5334(h)(1) of title 49, United States Code, is 

15 amended to read as follows: 

16 ‘‘(1) IN GENERAL.—If a recipient of assistance 

17 under this chapter decides an asset acquired under 

18 this chapter at least in part with that assistance is 

19 no longer needed for the purpose for which such asset 

20 was acquired, the Secretary may authorize the recipi21 ent to transfer such asset to— 

22 ‘‘(A) a local governmental authority to be 

23 used for a public purpose with no further obliga24 tion to the Government if the Secretary de25 cides— 


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1 ‘‘(i) the asset will remain in public use 

2 for at least 5 years after the date the asset 

3 is transferred; 

4 ‘‘(ii) there is no purpose eligible for as5 sistance under this chapter for which the 

6 asset should be used; 

7 ‘‘(iii) the overall benefit of allowing the 

8 transfer is greater than the interest of the 

9 Government in liquidation and return of 

10 the financial interest of the Government in 

11 the asset, after considering fair market 

12 value and other factors; and 

13 ‘‘(iv) through an appropriate screening 

14 or survey process, that there is no interest 

15 in acquiring the asset for Government use if 

16 the asset is a facility or land; or 

17 ‘‘(B) a local governmental authority, non18 profit organization, or other third party entity 

19 to be used for the purpose of transit-oriented de20 velopment with no further obligation to the Gov21 ernment if the Secretary decides— 

22 ‘‘(i) the asset is a necessary component 

23 of a proposed transit-oriented development 

24 project; 


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1 ‘‘(ii) the transit-oriented development 

2 project will increase transit ridership; 

3 ‘‘(iii) at least 40 percent of the housing 

4 units offered in the transit-oriented develop5 ment, including housing units owned by 

6 nongovernmental entities, are legally bind7 ing affordability restricted to tenants with 

8 incomes at or below 60 percent of the area 

9 median income and/or owners with incomes 

10 at or below 60 percent the area median in11 come; 

12 ‘‘(iv) the asset will remain in use as 

13 described in this section for at least 30 

14 years after the date the asset is transferred; 

15 and 

16 ‘‘(v) with respect to a transfer to a 

17 third party entity— 

18 ‘‘(I) a local government authority 

19 or nonprofit organization is unable to 

20 receive the property; 

21 ‘‘(II) the overall benefit of allow22 ing the transfer is greater than the in23 terest of the Government in liquidation 

24 and return of the financial interest of 

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1 sidering fair market value and other 

2 factors; and 

3 ‘‘(III) the third party has dem4 onstrated a satisfactory history of con5 struction or operating an affordable 

6 housing development.’’. 

7 SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL 

8 INVESTMENT GRANTS. 

9 Section 5309 of title 49, United States Code, is further 

10 amended— 

11 (1) in subsection (g)— 

12 (A) in paragraph (2)(B)— 

13 (i) in clause (i) by striking ‘‘; and’’ 

14 and inserting a semicolon; 

15 (ii) in clause (ii) by striking the pe16 riod and inserting ‘‘; and’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(iii) in the case of a new fixed guide20 way capital project or a core capacity im21 provement project, allow a weighting 5 per22 centage points greater to the economic devel23 opment criterion and 5 percentage points 

24 lesser to the lowest scoring criterion if the 

25 applicant demonstrates substantial efforts to 


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1 preserve or encourage affordable housing 

2 near the project by providing documenta3 tion of policies that allow by-right multi4 family housing, single room occupancy 

5 units, or accessory dwelling units, providing 

6 local capital sources for transit-oriented de7 velopment, or demonstrate other methods as 

8 determined by the Secretary.’’; and 

9 (B) in paragraph (3) by adding at the end 

10 the following: 

11 ‘‘(B) establish a warrant that applies to the 

12 economic development project justification cri13 teria, provided that the applicant that requests a 

14 warrant under this process has completed and 

15 submitted a housing feasibility assessment.’’; and 

16 (2) in subsection (l)(4) by adding at the end the 

17 following: 

18 ‘‘(E) from grant proceeds distributed under 

19 section 103 of the Housing and Community De20 velopment Act of 1974 (42 U.S.C. 5303) or sec21 tion 201 of the Public Works and Economic De22 velopment Act of 1965 (42 U.S.C. 3141) provided 

23 that— 


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1 ‘‘(i) such funds are used in conjunction 

2 with the planning or development of afford3 able housing; and 

4 ‘‘(ii) such affordable housing is located 

5 within one-half of a mile of a new station.’’. 

6 Subtitle H—Innovation 

7 SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM. 

8 Section 5312(d) of title 49, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(3) MOBILITY INNOVATION SANDBOX PRO11 GRAM.—The Secretary may make funding available 

12 under this subsection to carry out research on mobil13 ity on demand and mobility as a service activities el14 igible under section 5316.’’. 

15 SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDE16 SIGN PROGRAM. 

17 Section 5312(d) of title 49, United States Code, is fur18 ther amended by adding at the end the following: 

19 ‘‘(4) TRANSIT BUS OPERATOR COMPARTMENT RE20 DESIGN PROGRAM.— 

21 ‘‘(A) IN GENERAL.—The Secretary may 

22 make funding available under this subsection to 

23 carry out research on redesigning transit bus op24 erator compartments to improve safety, oper25 ational efficiency, and passenger accessibility. 


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1 ‘‘(B) OBJECTIVES.—Research objectives 

2 under this paragraph shall include— 

3 ‘‘(i) increasing bus operator safety 

4 from assaults; 

5 ‘‘(ii) optimizing operator visibility and 

6 reducing operator distractions to improve 

7 safety of bus passengers, pedestrians, 

8 bicyclists, and other roadway users; 

9 ‘‘(iii) expanding passenger accessibility 

10 for positive interactions between operators 

11 and passengers, including assisting pas12 sengers in need of special assistance; 

13 ‘‘(iv) accommodating passenger board14 ing, alighting, and securement consistent 

15 with the Americans with Disabilities Act of 

16 1990 (42 U.S.C. 12101 et seq.); and 

17 ‘‘(v) improving ergonomics to reduce 

18 bus operator work-related health issues and 

19 injuries, as well as locate key instrument 

20 and control interfaces to improve oper21 ational efficiency and convenience. 

22 ‘‘(C) ACTIVITIES.—Eligible activities under 

23 this paragraph shall include— 

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1 tors that contribute to accidents, including 

2 retrofits to buses in revenue service and 

3 specifications for future procurements that 

4 reduce visibility impairments and distrac5 tions; 

6 ‘‘(ii) the deployment of assault mitiga7 tion infrastructure and technology on buses, 

8 including barriers to restrict the unwanted 

9 entry of individuals and objects into bus op10 erators’ workstations; 

11 ‘‘(iii) technologies to improve passenger 

12 accessibility, including boarding, alighting, 

13 and securement consistent with the Ameri14 cans with Disabilities Act of 1990 (42 

15 U.S.C. 12101 et seq.); 

16 ‘‘(iv) installation of seating and modi17 fication to design specifications of bus oper18 ator workstations that reduce or prevent in19 juries from ergonomic risks; or 

20 ‘‘(v) other measures that align with the 

21 objectives under subparagraph (B). 

22 ‘‘(D) ELIGIBLE ENTITIES.—Entities eligible 

23 to receive funding under this paragraph shall in24 clude consortia consisting of, at a minimum: 


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1 ‘‘(i) recipients of funds under this 

2 chapter that provide public transportation 

3 services; 

4 ‘‘(ii) transit vehicle manufacturers; 

5 ‘‘(iii) representatives from organiza6 tions engaged in collective bargaining on be7 half of transit workers in not fewer than 

8 three States; and 

9 ‘‘(iv) any nonprofit institution of high10 er education, as defined in section 101 of 

11 the Higher Education Act of 1965 (20 

12 U.S.C. 1001).’’. 

13 SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY 

14 COUNTS INITIATIVE. 

15 Section 5312 of title 49, United States Code, as amend16 ed by section 2503, is further amended by adding at the 

17 end the following: 

18 ‘‘(k) EVERY DAY COUNTS INITIATIVE.— 

19 ‘‘(1) IN GENERAL.—It is in the national interest 

20 for the Department of Transportation and recipients 

21 of Federal public transportation funds— 

22 ‘‘(A) to identify, accelerate, and deploy in23 novation aimed at expediting project delivery, 

24 enhancing the safety of transit systems of the 

25 United States, and protecting the environment; 


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1 ‘‘(B) to ensure that the planning, design, 

2 engineering, construction, and financing of 

3 transportation projects is done in an efficient 

4 and effective manner; 

5 ‘‘(C) to promote the rapid deployment of 

6 proven solutions that provide greater account7 ability for public investments; and 

8 ‘‘(D) to create a culture of innovation with9 in the transit community. 

10 ‘‘(2) FTA EVERY DAY COUNTS INITIATIVE.—To 

11 advance the policies described in paragraph (1), the 

12 Administrator of the Federal Transit Administration 

13 shall adopt the Every Day Counts initiative to work 

14 with recipients to identify and deploy the proven in15 novation practices and products that— 

16 ‘‘(A) accelerate innovation deployment; 

17 ‘‘(B) expedite the project delivery process; 

18 ‘‘(C) improve environmental sustainability; 

19 ‘‘(D) enhance transit safety; 

20 ‘‘(E) expand mobility; and 

21 ‘‘(F) reduce greenhouse gas emissions. 

22 ‘‘(3) CONSIDERATION.—In accordance with the 

23 Every Day Counts goals described in paragraphs (1) 

24 and (2), the Administrator shall consider research 


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1 conducted through the university transportation cen2 ters program in section 5505. 

3 ‘‘(4) INNOVATION DEPLOYMENT.— 

4 ‘‘(A) IN GENERAL.—At least every 2 years, 

5 the Administrator shall work collaboratively 

6 with recipients to identify a new collection of in7 novations, best practices, and data to be deployed 

8 to recipients through case studies, webinars, and 

9 demonstration projects. 

10 ‘‘(B) REQUIREMENTS.—In identifying a 

11 collection described in subparagraph (A), the 

12 Secretary shall take into account market readi13 ness, impacts, benefits, and ease of adoption of 

14 the innovation or practice. 

15 ‘‘(5) PUBLICATION.—Each collection identified 

16 under paragraph (4) shall be published by the Ad17 ministrator on a publicly available website. 

18 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in this 

19 subsection may be construed to allow the Secretary to 

20 waive any requirement under any other provision of 

21 Federal law.’’. 

22 SEC. 2804. TECHNICAL CORRECTIONS. 

23 Section 5312 of title 49, United States Code, as amend24 ed in section 2503 and 2803, is further amended— 

25 (1) in subsection (e)— 


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1 (A) in paragraph (3)(C) by striking ‘‘low or 

2 no emission vehicles, zero emission vehicles,’’ and 

3 inserting ‘‘zero emission vehicles’’; and 

4 (B) by striking paragraph (6) and inserting 

5 the following: 

6 ‘‘(6) ZERO EMISSION VEHICLE DEFINED.—In 

7 this subsection, the term ‘zero emission vehicle’ means 

8 a passenger vehicle used to provide public transpor9 tation that produces no carbon or particulate mat10 ter.’’; 

11 (2) by redesignating the first subsection (g) as 

12 subsection (f); and 

13 (3) in subsection (h)— 

14 (A) in the header by striking ‘‘LOW OR NO

15 EMISSION’’ and inserting ‘‘ZERO EMISSION’’; 

16 (B) in paragraph (1)— 

17 (i) by striking subparagraph (B) and 

18 inserting the following: 

19 ‘‘(B) the term ‘zero emission vehicle’ has the 

20 meaning given such term in subsection (e)(6);’’; 

21 and 

22 (ii) in subparagraph (D) by striking 

23 ‘‘low or no emission vehicle’’ and inserting 

24 ‘‘zero emission vehicle’’ each place such term 

25 appears; 


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1 (C) in paragraph (2)— 

2 (i) in the heading by striking ‘‘LOW OR

3 NO EMISSION’’ and inserting ‘‘ZERO EMIS4 SION’’; and 

5 (ii) by striking ‘‘low or no emission’’ 

6 and inserting ‘‘zero emission’’ each place 

7 such term appears; 

8 (D) in paragraph (3) by striking ‘‘low or 

9 no emission’’ and inserting ‘‘zero emission’’ each 

10 place such term appears (including in the head11 ing); and 

12 (E) in paragraph (5)(A) by striking ‘‘low 

13 or no emission’’ and inserting ‘‘zero emission’’. 

14 SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT 

15 BUS DEVELOPMENT PROGRAM. 

16 (a) ESTABLISHMENT.—The Secretary of Transpor17 tation shall establish a national advanced technology tran18 sit bus development program to facilitate the development 

19 and testing of commercially viable advanced technology 

20 transit buses that do not exceed a Level 3 automated driving 

21 system and related infrastructure. 

22 (b) AUTHORIZATION.—There shall be available 

23 $20,000,000 for each of fiscal years 2022 through 2026. 

24 (c) GRANTS.—The Secretary may enter into grants, 

25 contracts, and cooperative agreements with no more than 


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1 three geographically diverse nonprofit organizations and re2 cipients under chapter 53 of title 49, United States Code, 

3 to facilitate the development and testing of commercially 

4 viable advance technology transit buses and related infra5 structure. 

6 (d) CONSIDERATIONS.— 

7 (1) IN GENERAL.—The Secretary shall consider 

8 the applicant’s— 

9 (A) ability to contribute significantly to 

10 furthering advanced technologies as it relates to 

11 transit bus operations, including advanced driv12 er assistance systems, automatic emergency brak13 ing, accessibility, and energy efficiency; 

14 (B) financing plan and cost share potential; 

15 (C) technical experience developing or test16 ing advanced technologies in transit buses; 

17 (D) commitment to frontline worker in18 volvement; and 

19 (E) other criteria that the Secretary deter20 mines are necessary to carry out the program. 

21 (2) RULE OF CONSTRUCTION.—Nothing in this 

22 subsection may be construed to allow the Secretary to 

23 waive any requirement under any other provision of 

24 Federal law. 


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1 (e) COMPETITIVE GRANT SELECTION.—The Secretary 

2 shall conduct a national solicitation for applications for 

3 grants under the program. Grant recipients shall be selected 

4 on a competitive basis. The Secretary shall give priority 

5 consideration to applicants that have successfully managed 

6 advanced transportation technology projects, including 

7 projects related to public transportation operations for a 

8 period of not less than 5 years. 

9 (f) CONSORTIA.—As a condition of receiving an award 

10 in (c), the Secretary shall ensure— 

11 (1) that the selected non-profit recipients subse12 quently establish a consortia for each proposal sub13 mitted, including representatives from a labor union, 

14 transit agency, an FTA-designated university bus 

15 and component testing center, a Buy America compli16 ant transit bus manufacturer, and others as deter17 mined by the Secretary; 

18 (2) that no proposal selected would decrease 

19 workplace or passenger safety; and 

20 (3) that no proposal selected would undermine 

21 the creation of high-quality jobs or workforce support 

22 and development programs. 

23 (g) FEDERAL SHARE.—The Federal share of costs of 

24 the program shall be provided from funds made available 

25 to carry out this section. The Federal share of the cost of 


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1 a project carried out under the program shall not exceed 

2 80 percent of such cost. 

3 SEC. 2806. PUBLIC TRANSPORTATION INNOVATION. 

4 Section 5312(h)(2) of title 49, United States Code, is 

5 amended by striking subparagraph (G). 

6 SEC. 2807. TRANSIT VEHICLE BATTERY RECYCLING AND 

7 REUSE. 

8 (a) IN GENERAL.—Not later than 1 year after the date 

9 of enactment of this Act, the Secretary of Transportation 

10 shall issue regulations that, notwithstanding any other pro11 vision of law, allow recipients of funds under chapter 53 

12 of title 49, United States Code, at the option of the recipi13 ent, to repurpose, recycle, reuse, sell, or lease transit vehicle 

14 batteries that are beyond the useful service life of such bat15 teries for the purpose of transit vehicle propulsion and com16 ponent parts of such batteries. 

17 (b) CONSIDERATIONS.—In issuing regulations under 

18 subsection (a), the Secretary shall prioritize second life ap19 plications that— 

20 (1) maximize the full use of transit vehicle bat21 teries beyond the useful life of such batteries for tran22 sit vehicle propulsion and component parts of such 

23 batteries; 


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1 (2) enhance the reuse and recycling of transit ve2 hicle batteries, components, and component critical 

3 minerals of such batteries; 

4 (3) reduce costs for recipients; 

5 (4) create new streams of revenue for recipients; 

6 (5) support the provision of zero emission public 

7 transportation service, which may include the use of 

8 wayside charging; and 

9 (6) enhance the resilience of public transpor10 tation and the electric vehicle supply equipment net11 work, which may include the use of batteries for en12 ergy storage. 

13 (c) SECOND LIFE APPLICATIONS DEFINED.—In this 

14 section, the term ‘‘second life applications’’ means the 

15 repurposing, recycling, reuse, sale, or leasing of a transit 

16 vehicle battery that is beyond the useful service life for the 

17 purpose of transit vehicle propulsion and component parts 

18 of such battery, but that retains utility for other applica19 tions. 


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1 Subtitle I—Other Program 

2 Reauthorizations 

3 SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVEN4 TIVE MAINTENANCE PROJECTS FOR WASH5 INGTON METROPOLITAN AREA TRANSIT AU6 THORITY. 

7 Section 601 of the Passenger Rail Investment and Im8 provement Act of 2008 (Public Law 110–432) is amended— 

9 (1) in subsection (b) by striking ‘‘The Federal’’ 

10 and inserting ‘‘Except as provided in subsection 

11 (e)(2), the Federal’’; 

12 (2) by striking subsections (d) through (f) and 

13 inserting the following: 

14 ‘‘(d) REQUIRED BOARD APPROVAL.—No amounts may 

15 be provided to the Transit Authority under this section 

16 until the Transit Authority certifies to the Secretary of 

17 Transportation that— 

18 ‘‘(1) a board resolution has passed on or before 

19 July 1, 2022, and is in effect for the period of July 

20 1, 2022 through June 30, 2031, that— 

21 ‘‘(A) establishes an independent budget au22 thority for the Office of Inspector General of the 

23 Transit Authority; 


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1 ‘‘(B) establishes an independent procure2 ment authority for the Office of Inspector Gen3 eral of the Transit Authority; 

4 ‘‘(C) establishes an independent hiring au5 thority for the Office of Inspector General of the 

6 Transit Authority; 

7 ‘‘(D) ensures the Inspector General of the 

8 Transit Authority can obtain legal advice from 

9 a counsel reporting directly to the Inspector Gen10 eral; 

11 ‘‘(E) requires the Inspector General of the 

12 Transit Authority to submit recommendations 

13 for corrective action to the General Manager and 

14 the Board of Directors of the Transit Authority; 

15 ‘‘(F) requires the Inspector General of the 

16 Transit Authority to publish any recommenda17 tion described in subparagraph (E) on the 

18 website of the Office of Inspector General of the 

19 Transit Authority, except that the Inspector Gen20 eral may redact personally identifiable informa21 tion and information that, in the determination 

22 of the Inspector General, would pose a security 

23 risk to the systems of the Transit Authority; 

24 ‘‘(G) requires the Board of Directors of the 

25 Transit Authority to provide written notice to 


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1 the Committee on Transportation and Infra2 structure of the House of Representatives and the 

3 Committee on Banking, Housing, and Urban Af4 fairs of the Senate not less than 30 days before 

5 the Board of Directors removes the Inspector 

6 General of the Transit Authority, which shall in7 clude the reasons for removal and supporting 

8 documentation; and 

9 ‘‘(H) prohibits the Board of Directors from 

10 removing the Inspector General of the Transit 

11 Authority unless the Board of Directors has pro12 vided a 30 day written notification as described 

13 in subparagraph (G) that documents— 

14 ‘‘(i) a permanent incapacity; 

15 ‘‘(ii) a neglect of duty; 

16 ‘‘(iii) malfeasance; 

17 ‘‘(iv) a conviction of a felony or con18 duct involving moral turpitude; 

19 ‘‘(v) a knowing violation of a law or 

20 regulation; 

21 ‘‘(vi) gross mismanagement; 

22 ‘‘(vii) a gross waste of funds; 

23 ‘‘(viii) an abuse of authority; or 

24 ‘‘(ix) inefficiency; and 


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1 ‘‘(2) the Code of Ethics for Members of the 

2 WMATA Board of Directors passed on September 26, 

3 2019, remains in effect, or the Inspector General of 

4 the Transit Authority has consulted with any modi5 fications to the Code of Ethics by the Board. 

6 ‘‘(e) AUTHORIZATIONS.— 

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

8 appropriated to the Secretary of Transportation for 

9 grants under this section— 

10 ‘‘(A) for fiscal year 2022, $150,000,000; 

11 ‘‘(B) for fiscal year 2023, $155,000,000; 

12 ‘‘(C) for fiscal year 2024, $160,000,000; 

13 ‘‘(D) for fiscal year 2025, $165,000,000; 

14 ‘‘(E) for fiscal year 2026, $170,000,000; 

15 ‘‘(F) for fiscal year 2027, $175,000,000; 

16 ‘‘(G) for fiscal year 2028, $180,000,000; 

17 ‘‘(H) for fiscal year 2029, $185,000,000; 

18 ‘‘(I) for fiscal year 2030, $190,000,000; and 

19 ‘‘(J) for fiscal year 2031, $200,000,000. 

20 ‘‘(2) SET ASIDE FOR OFFICE OF INSPECTOR GEN21 ERAL OF TRANSIT AUTHORITY.—From the amounts in 

22 paragraph (1), the Transit Authority shall provide at 

23 least 7 percent for each fiscal year to the Office of In24 spector General of the Transit Authority to carry out 

25 independent and objective audits, investigations, and 


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1 reviews of Transit Authority programs and oper2 ations to promote economy, efficiency, and effective3 ness, and to prevent and detect fraud, waste, and 

4 abuse in such programs and operations.’’; and 

5 (3) by redesignating subsection (g) as subsection 

6 (f). 

7 SEC. 2902. OTHER APPORTIONMENTS. 

8 Section 5336 of title 49, United States Code, is amend9 ed— 

10 (1) in subsection (h)— 

11 (A) in the matter preceding paragraph (1) 

12 by striking ‘‘section 5338(a)(2)(C)’’ and insert13 ing ‘‘section 5338(a)(2)(B)’’; 

14 (B) by amending paragraph (1) to read as 

15 follows: 

16 ‘‘(1) to carry out section 5307(h)— 

17 ‘‘(A) $60,906,000 shall be set aside in fiscal 

18 year 2023; 

19 ‘‘(B) $61,856,134 shall be set aside in fiscal 

20 year 2024; 

21 ‘‘(C) $62,845,832 shall be set aside in fiscal 

22 year 2025; and 

23 ‘‘(D) $63,832,511 shall be set aside in fiscal 

24 year 2026;’’; 


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1 (C) in paragraph (2) by striking ‘‘3.07 per2 cent’’ and inserting ‘‘6 percent’’; and 

3 (D) by amending paragraph (3) to read as 

4 follows: 

5 ‘‘(3) of amounts not apportioned under para6 graphs (1) and (2), 3 percent shall be apportioned to 

7 urbanized areas with populations of less than 200,000 

8 in accordance with subsection (i);’’; and 

9 (2) in subsection (i) by adding at the end the fol10 lowing: 

11 ‘‘(3) CENSUS PHASE-OUT.—Before apportioning 

12 funds under subsection (h)(3), for any urbanized area 

13 that is no longer an eligible area due to a change in 

14 population in the most recent decennial census, the 

15 Secretary shall apportion to such urbanized area, for 

16 3 fiscal years, an amount equal to half of the funds 

17 apportioned to such urbanized area pursuant to this 

18 subsection for the previous fiscal year.’’. 

19 Subtitle J—Streamlining 

20 SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT 

21 GRANTS. 

22 Section 5309 of title 49, United States Code, as amend23 ed by section 2703 of this Act, is further amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (7)— 


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1 (i) in subparagraph (A) by striking 

2 ‘‘$100,000,000’’ and inserting 

3 ‘‘$320,000,000’’; and 

4 (ii) in subparagraph (B) by striking 

5 ‘‘$300,000,000’’ and inserting 

6 ‘‘$400,000,000’’; 

7 (B) by striking paragraph (6); and 

8 (C) by redesignating paragraph (7), as so 

9 amended, as paragraph (6); 

10 (2) in subsection (b)(2) by inserting ‘‘expanding 

11 station capacity,’’ after ‘‘construction of infill sta12 tions,’’; 

13 (3) in subsection (d)(1)— 

14 (A) in subparagraph (C)(i) by striking ‘‘2 

15 years’’ and inserting ‘‘3 years’’; and 

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

17 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT AC18 TIVITIES.—An applicant may perform cost and 

19 schedule risk assessments with technical assist20 ance provided by the Secretary. 

21 ‘‘(E) STATUTORY CONSTRUCTION.—Nothing 

22 in this section shall be construed as authorizing 

23 the Secretary to require cost and schedule risk 

24 assessments in the project development phase.’’; 

25 (4) in subsection (e)(1)— 


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1 (A) in subparagraph (C)(i) by striking ‘‘2 

2 years’’ and inserting ‘‘3 years’’; and 

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

4 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT AC5 TIVITIES.—An applicant may perform cost and 

6 schedule risk assessments with technical assist7 ance provided by the Secretary. 

8 ‘‘(E) STATUTORY CONSTRUCTION.—Nothing 

9 in this section shall be construed as authorizing 

10 the Secretary to require cost and schedule risk 

11 assessments in the project development phase.’’; 

12 (5) in subsection (e)(2)(A)(iii)(II) by striking ‘‘5 

13 years’’ and inserting ‘‘10 years’’; 

14 (6) in subsection (f)— 

15 (A) in paragraph (1) by striking ‘‘sub16 section (d)(2)(A)(v)’’ and inserting ‘‘subsection 

17 (d)(2)(A)(iv)’’; 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘subsection 

20 (d)(2)(A)(v)’’ and inserting ‘‘subsection 

21 (d)(2)(A)(iv)’’; 

22 (ii) in subparagraph (D) by adding 

23 ‘‘and’’ at the end; 

24 (iii) by striking subparagraph (E); 

25 and 


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1 (iv) by redesignating subparagraph (F) 

2 as subparagraph (E); and 

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

4 ‘‘(4) COST-SHARE INCENTIVES.—For a project 

5 for which a lower CIG cost share is elected by the ap6 plicant under subsection (l)(1)(C), the Secretary shall 

7 apply the following requirements and considerations 

8 in lieu of paragraphs (1) and (2): 

9 ‘‘(A) REQUIREMENTS.—In determining 

10 whether a project is supported by local financial 

11 commitment and shows evidence of stable and 

12 dependable financing sources for purposes of sub13 section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec14 retary shall require that— 

15 ‘‘(i) the proposed project plan provides 

16 for the availability of contingency amounts 

17 that the applicant determines to be reason18 able to cover unanticipated cost increases or 

19 funding shortfalls; 

20 ‘‘(ii) each proposed local source of cap21 ital and operating financing is stable, reli22 able, and available within the proposed 

23 project timetable; and 

24 ‘‘(iii) an applicant certifies that local 

25 resources are available to recapitalize, 


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1 maintain, and operate the overall existing 

2 and proposed public transportation system, 

3 including essential feeder bus and other 

4 services necessary to achieve the projected 

5 ridership levels without requiring a reduc6 tion in existing public transportation serv7 ices or level of service to operate the project, 

8 or that the annual operating cost of the pro9 posed project does not exceed 5 percent of 

10 the annual cost to operate and maintain the 

11 overall public transportation system of the 

12 applicant. 

13 ‘‘(B) CONSIDERATIONS.—In assessing the 

14 stability, reliability, and availability of proposed 

15 sources of local financing for purposes of sub16 section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec17 retary shall consider— 

18 ‘‘(i) the reliability of the forecasting 

19 methods used to estimate costs and revenues 

20 made by the recipient and the contractors to 

21 the recipient; 

22 ‘‘(ii) existing grant commitments; 

23 ‘‘(iii) any debt obligation that exists, 

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1 posed project or other public transportation 

2 purpose; and 

3 ‘‘(iv) private contributions to the 

4 project, including cost-effective project deliv5 ery, management or transfer of project 

6 risks, expedited project schedule, financial 

7 partnering, and other public-private part8 nership strategies.’’. 

9 (7) in subsection (g)— 

10 (A) in paragraph (2)(A) by striking ‘‘degree 

11 of local financial commitment’’ and inserting 

12 ‘‘criteria in subsection (f)’’ each place it appears; 

13 (B) in paragraph (3) by striking ‘‘The Sec14 retary shall,’’ and all that follows through ‘‘to 

15 carry out this subsection.’’ and inserting the fol16 lowing: ‘‘The Secretary shall— 

17 ‘‘(A) to the maximum extent practicable, de18 velop and use special warrants for making a 

19 project justification determination under sub20 section (d)(2) or (e)(2), as applicable, for a 

21 project proposed to be funded using a grant 

22 under this section if— 

23 ‘‘(i) the share of the cost of the project 

24 to be provided under this section— 


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1 ‘‘(I) does not exceed $500,000,000 

2 and the total project cost does not ex3 ceed $1,000,000,000; or 

4 ‘‘(II) complies with subsection 

5 (l)(1)(C); 

6 ‘‘(ii) the applicant requests the use of 

7 the warrants; 

8 ‘‘(iii) the applicant certifies that its 

9 existing public transportation system is in 

10 a state of good repair; and 

11 ‘‘(iv) the applicant meets any other re12 quirements that the Secretary considers ap13 propriate to carry out this subsection; and’’; 

14 (C) by striking paragraph (5) and inserting 

15 the following: 

16 ‘‘(5) POLICY GUIDANCE.—The Secretary shall 

17 issue policy guidance on the review and evaluation 

18 process and criteria not later than 180 days after the 

19 date of enactment of the INVEST in America Act.’’; 

20 (D) by striking paragraph (6) and insert21 ing the following: 

22 ‘‘(6) TRANSPARENCY.—Not later than 30 days 

23 after the Secretary receives a written request from an 

24 applicant for all remaining information necessary to 


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1 obtain 1 or more of the following, the Secretary shall 

2 provide such information to the applicant: 

3 ‘‘(A) Project advancement. 

4 ‘‘(B) Medium or higher rating. 

5 ‘‘(C) Warrant. 

6 ‘‘(D) Letter of intent. 

7 ‘‘(E) Early systems work agreement.’’; and 

8 (E) in paragraph (7) by striking ‘‘the Fed9 eral Public Transportation Act of 2012’’ and in10 serting ‘‘the INVEST in America Act’’; 

11 (8) in subsection (h)— 

12 (A) in paragraph (5) by inserting ‘‘, except 

13 that for a project for which a lower local cost 

14 share is elected under subsection (l)(1)(C), the 

15 Secretary shall enter into a grant agreement 

16 under this subsection for any such project that 

17 establishes contingency amounts that the appli18 cant determines to be reasonable to cover unan19 ticipated cost increases or funding shortfalls’’ be20 fore the period at the end; and 

21 (B) in paragraph (7)(C) by striking ‘‘10 

22 days’’ and inserting ‘‘3 days’’; 

23 (9) by striking subsection (i) and inserting the 

24 following: 

25 ‘‘(i) INTERRELATED PROJECTS.— 


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1 ‘‘(1) RATINGS IMPROVEMENT.—The Secretary 

2 shall grant a rating increase of 1 level in mobility 

3 improvements to any project being rated under sub4 section (d), (e), or (h), if the Secretary certifies that 

5 the project has a qualifying interrelated project that 

6 meets the requirements of paragraph (2). 

7 ‘‘(2) INTERRELATED PROJECT.—A qualifying 

8 interrelated project is a transit project that— 

9 ‘‘(A) is adopted into the metropolitan trans10 portation plan required under section 5303; 

11 ‘‘(B) has received a class of action designa12 tion under the National Environmental Policy 

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

14 ‘‘(C) will likely increase ridership on the 

15 project being rated in subsection (d), (e), or (h), 

16 respectively, as determined by the Secretary; and 

17 ‘‘(D) meets one of the following criteria: 

18 ‘‘(i) Extends the corridor of the project 

19 being rated in subsection (d), (e), or (h), re20 spectively. 

21 ‘‘(ii) Provides a direct passenger trans22 fer to the project being rated in subsection 

23 (d), (e), or (h), respectively.’’; 

24 (10) in subsection (k)— 


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1 (A) in paragraph (2)(D) by adding at the 

2 end the following: 

3 ‘‘(v) LOCAL FUNDING COMMITMENT.— 

4 For a project for which a lower CIG cost 

5 share is elected by the applicant under sub6 section (l)(1)(C), the Secretary shall enter 

7 into a full funding grant agreement that 

8 has at least 75 percent of local financial 

9 commitment committed and the remaining 

10 percentage budgeted for the proposed pur11 poses.’’; and 

12 (B) in paragraph (5) by striking ‘‘30 days’’ 

13 and inserting ‘‘3 days’’; 

14 (11) in subsection (l)— 

15 (A) in paragraph (1) by striking subpara16 graph (B) and inserting the following: 

17 ‘‘(B) CAP.—Except as provided in subpara18 graph (C), a grant for a project under this sec19 tion shall not exceed 80 percent of the net capital 

20 project cost, except that a grant for a core capac21 ity improvement project shall not exceed 80 per22 cent of the net capital project cost of the incre23 mental cost to increase the capacity in the cor24 ridor. 


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1 ‘‘(C) APPLICANT ELECTION OF LOWER

2 LOCAL CIG COST SHARE.—An applicant may 

3 elect a lower local CIG cost share for a project 

4 under this section for purposes of application of 

5 the cost-share incentives under subsection (f)(3). 

6 Such cost share shall not exceed 60 percent of the 

7 net capital project cost, except that for a grant 

8 for a core capacity improvement project such 

9 cost share shall not exceed 60 percent of the net 

10 capital project cost of the incremental cost to in11 crease the capacity in the corridor.’’; 

12 (B) by striking paragraph (5) and inserting 

13 the following: 

14 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC15 TION.—Nothing in this section shall be construed as 

16 authorizing the Secretary to require, incentivize (in 

17 any manner not specified in this section), or place 

18 additional conditions upon a non-Federal financial 

19 commitment for a project that is more than 20 per20 cent of the net capital project cost or, for a core ca21 pacity improvement project, 20 percent of the net 

22 capital project cost of the incremental cost to increase 

23 the capacity in the corridor.’’; and 

24 (C) by striking paragraph (8) and inserting 

25 the following: 


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1 ‘‘(8) CONTINGENCY SHARE.—The Secretary shall 

2 provide funding for the contingency amount equal to 

3 the proportion of the CIG cost share. If the Secretary 

4 increases the contingency amount after a project has 

5 received a letter of no prejudice or been allocated ap6 propriated funds, the federal share of the additional 

7 contingency amount shall be 25 percent higher than 

8 the original proportion the CIG cost share and in ad9 dition to the grant amount set in subsection 

10 (k)(2)(C)(ii).’’; 

11 (12) in subsection (o) by adding at the end the 

12 following: 

13 ‘‘(4) CIG PROGRAM DASHBOARD.—Not later than 

14 the fifth day of each month, the Secretary shall make 

15 publicly available on a website data on, including the 

16 status of, each project under this section that is in the 

17 project development phase, in the engineering phase, 

18 or has received a grant agreement and remains under 

19 construction. Such data shall include, for each 

20 project— 

21 ‘‘(A) the amount and fiscal year of any 

22 funding appropriated, allocated, or obligated for 

23 the project; 

24 ‘‘(B) the date on which the project— 


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1 ‘‘(i) entered the project development 

2 phase; 

3 ‘‘(ii) entered the engineering phase, if 

4 applicable; and 

5 ‘‘(iii) received a grant agreement, if 

6 applicable; and 

7 ‘‘(C) the status of review by the Federal 

8 Transit Administration and the Secretary, in9 cluding dates of request, dates of acceptance of 

10 request, and dates of a decision for each of the 

11 following, if applicable: 

12 ‘‘(i) A letter of no prejudice. 

13 ‘‘(ii) An environmental impact state14 ment notice of intent. 

15 ‘‘(iii) A finding of no significant envi16 ronmental impact. 

17 ‘‘(iv) A draft environmental impact 

18 statement. 

19 ‘‘(v) A final environmental impact 

20 statement. 

21 ‘‘(vi) A record of decision on the final 

22 environmental impact statement. 

23 ‘‘(vii) The status of the applicant in 

24 securing the non-Federal match, based on 

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1 cluding the amount committed, budgeted, 

2 planned, and undetermined.’’; and 

3 (13) by striking ‘‘an acceptable degree of’’ and 

4 inserting ‘‘a’’ each place it appears. 

5 SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT 

6 DEADLINE. 

7 Section 5336(d) of title 49, United States Code, is 

8 amended— 

9 (1) by redesignating paragraph (2) as para10 graph (3); 

11 (2) in paragraph (1) by striking ‘‘and’’ at the 

12 end; and 

13 (3) by inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) notwithstanding paragraph (1), apportion 

16 amounts to the States appropriated under section 

17 5338(a)(2) to carry out sections 5307, 5310, and 5311 

18 not later than December 15 for which any amounts 

19 are appropriated; and’’. 

20 SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE. 

21 Section 5334 of title 49, United States Code, is further 

22 amended by adding at the end the following: 

23 ‘‘(l) DISPOSITION OF ASSETS BEYOND USEFUL

24 LIFE.— 


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1 ‘‘(1) IN GENERAL.—If a recipient, or sub2 recipient, for assistance under this chapter disposes of 

3 an asset with a current market value, or proceed from 

4 the sale of such asset, acquired under this chapter at 

5 least in part with such assistance, after such asset has 

6 reached the useful life of such asset, the Secretary 

7 shall allow the recipient, or subrecipient, to use the 

8 proceeds attributable to the Federal share of such asset 

9 calculated under paragraph (3) for capital projects 

10 under section 5307, 5310, or 5311. 

11 ‘‘(2) MINIMUM VALUE.—This subsection shall 

12 only apply to assets with a current market value, or 

13 proceeds from sale, of at least $5,000. 

14 ‘‘(3) CALCULATION OF FEDERAL SHARE ATTRIB15 UTABLE.—The proceeds attributable to the Federal 

16 share of an asset described in paragraph (1) shall be 

17 calculated by multiplying— 

18 ‘‘(A) the current market value of, or the 

19 proceeds from the disposition of, such asset; by 

20 ‘‘(B) the Federal share percentage for the 

21 acquisition of such asset at the time of acquisi22 tion of such asset.’’. 


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1 SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBIL2 ITY. 

3 Section 5310 of title 49, United States Code, as amend4 ed by section 2205, is further amended by adding at the 

5 end the following: 

6 ‘‘(k) INNOVATIVE COORDINATED ACCESS AND MOBIL7 ITY.— 

8 ‘‘(1) START UP GRANTS.— 

9 ‘‘(A) IN GENERAL.—The Secretary may 

10 make grants under this paragraph to eligible re11 cipients to assist in financing innovative projects 

12 for the transportation disadvantaged that im13 prove the coordination of transportation services 

14 and non-emergency medical transportation serv15 ices. 

16 ‘‘(B) APPLICATION.—An eligible recipient 

17 shall submit to the Secretary an application 

18 that, at a minimum, contains— 

19 ‘‘(i) a detailed description of the eligi20 ble project; 

21 ‘‘(ii) an identification of all eligible 

22 project partners and the specific role of each 

23 eligible project partner in the eligible 

24 project, including— 

25 ‘‘(I) private entities engaged in 

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1 ical transportation services for the 

2 transportation disadvantaged; 

3 ‘‘(II) nonprofit entities engaged in 

4 the coordination of nonemergency med5 ical transportation services for the 

6 transportation disadvantaged; or 

7 ‘‘(III) Federal and State entities 

8 engaged in the coordination of non9 emergency medical transportation serv10 ices for the transportation disadvan11 taged; and 

12 ‘‘(iii) a description of how the eligible 

13 project shall— 

14 ‘‘(I) improve local coordination or 

15 access to coordinated transportation 

16 services; 

17 ‘‘(II) reduce duplication of serv18 ice, if applicable; and 

19 ‘‘(III) provide innovative solu20 tions in the State or community. 

21 ‘‘(C) PERFORMANCE MEASURES.—An eligi22 ble recipient shall specify, in an application for 

23 a grant under this paragraph, the performance 

24 measures the eligible project, in coordination 


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1 with project partners, will use to quantify actual 

2 outcomes against expected outcomes, including— 

3 ‘‘(i) changes to transportation expendi4 tures as a result of improved coordination; 

5 ‘‘(ii) changes to healthcare expendi6 tures provided by projects partners as a re7 sult of improved coordination; and 

8 ‘‘(iii) changes to health care metrics, 

9 including aggregate health outcomes pro10 vided by projects partners. 

11 ‘‘(D) ELIGIBLE USES.—Eligible recipients 

12 receiving a grant under this section may use 

13 such funds for— 

14 ‘‘(i) the deployment of coordination 

15 technology; 

16 ‘‘(ii) projects that create or increase 

17 access to community One-Call/One-Click 

18 Centers; 

19 ‘‘(iii) projects that coordinate trans20 portation for 3 or more of— 

21 ‘‘(I) public transportation pro22 vided under this section; 

23 ‘‘(II) a State plan approved 

24 under title XIX of the Social Security 

25 Act (42 U.S.C. 1396 et seq.); 


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1 ‘‘(III) title XVIII of the Social Se2 curity Act (42 U.S.C. 1395 et seq.); 

3 ‘‘(IV) Veterans Health Adminis4 tration; or 

5 ‘‘(V) private health care facilities; 

6 and 

7 ‘‘(iv) such other projects as determined 

8 appropriate by the Secretary. 

9 ‘‘(E) CONSULTATION.—In evaluating the 

10 performance metrics described in subparagraph 

11 (C), the Secretary shall consult with the Sec12 retary of Health and Human Services. 

13 ‘‘(2) INCENTIVE GRANTS.— 

14 ‘‘(A) IN GENERAL.—The Secretary may 

15 make grants under this paragraph to eligible re16 cipients to incentivize innovative projects for the 

17 transportation disadvantaged that improve the 

18 coordination of transportation services and non19 emergency medical transportation services. 

20 ‘‘(B) SELECTION OF GRANT RECIPIENTS.— 

21 The Secretary shall distribute grant funds made 

22 available to carry out this paragraph as de23 scribed in subparagraph (E) to eligible recipients 

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1 ment in the metrics described in subparagraph 

2 (F). 

3 ‘‘(C) ELIGIBILITY.—An eligible recipient 

4 shall not be required to have received a grant 

5 under paragraph (1) to be eligible to receive a 

6 grant under this paragraph. 

7 ‘‘(D) APPLICATIONS.—Eligible recipients 

8 shall submit to the Secretary an application that 

9 includes— 

10 ‘‘(i) which metrics under subparagraph 

11 (F) the eligible recipient intends to improve; 

12 ‘‘(ii) the performance data eligible re13 cipients and the Federal, State, nonprofit, 

14 and private partners, as described in para15 graph (1)(B)(ii), of the eligible recipient 

16 will make available; and 

17 ‘‘(iii) a proposed incentive formula 

18 that makes payments to the eligible recipi19 ent based on the proposed data and metrics. 

20 ‘‘(E) DISTRIBUTION.—The Secretary shall 

21 distribute funds made available to carry out this 

22 paragraph based upon the number of grant ap23 plications approved by the Secretary, number of 

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1 tive formulas approved by the Secretary using 

2 the following metrics: 

3 ‘‘(i) The reduced transportation ex4 penditures as a result of improved coordina5 tion. 

6 ‘‘(ii) The reduced Federal and State 

7 healthcare expenditures using the metrics 

8 described in subparagraph (F). 

9 ‘‘(iii) The reduced private healthcare 

10 expenditures using the metrics described in 

11 subparagraph (F). 

12 ‘‘(F) HEALTHCARE METRICS.—Healthcare 

13 metrics described in this subparagraph shall 

14 be— 

15 ‘‘(i) reducing missed medical appoint16 ments; 

17 ‘‘(ii) the timely discharge of patients 

18 from hospitals; 

19 ‘‘(iii) preventing hospital admissions 

20 and reducing readmissions of patients into 

21 hospitals; and 

22 ‘‘(iv) other measureable healthcare 

23 metrics, as determined appropriate by the 

24 Secretary, in consultation with the Sec25 retary of Health and Human Services. 


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1 ‘‘(G) ELIGIBLE EXPENDITURES.—The Sec2 retary shall allow the funds distributed by this 

3 grant program to be expended on eligible activi4 ties described in paragraph (1)(D) and any eli5 gible activity under this section that is likely to 

6 improve the metrics described in subparagraph 

7 (F). 

8 ‘‘(H) RECIPIENT CAP.—The Secretary— 

9 ‘‘(i) may not provide more than 20 

10 grants under this paragraph; and 

11 ‘‘(ii) shall reduce the maximum num12 ber of grants under this paragraph to en13 sure projects are fully funded, if necessary. 

14 ‘‘(I) CONSULTATION.—In evaluating the 

15 health care metrics described in subparagraph 

16 (F), the Secretary shall consult with the Sec17 retary of Health and Human Services. 

18 ‘‘(J) ANNUAL GRANTEE REPORT.—Each 

19 grantee shall submit a report, in coordination 

20 with the project partners of such grantee, that 

21 includes an evaluation of the outcomes of the 

22 grant awarded to such grantee, including the 

23 performance measures. 

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1 ried out under this subsection for each fiscal year, not 

2 later than December 31 of the calendar year in which 

3 that fiscal year ends. The report shall include a de4 tailed description of the activities carried out under 

5 the program, and an evaluation of the program, in6 cluding an evaluation of the performance measures 

7 used by eligible recipients in consultation with the 

8 Secretary of Health and Human Services. 

9 ‘‘(4) FEDERAL SHARE.— 

10 ‘‘(A) IN GENERAL.—The Federal share of 

11 the costs of a project carried out under this sub12 section shall not exceed 80 percent. 

13 ‘‘(B) NON-FEDERAL SHARE.—The non-Fed14 eral share of the costs of a project carried out 

15 under this subsection may be derived from in16 kind contributions. 

17 ‘‘(5) RULE OF CONSTRUCTION.—For purposes of 

18 this subsection, nonemergency medical transportation 

19 services shall be limited to services eligible under Fed20 eral programs other than programs authorized under 

21 this chapter.’’. 

22 SEC. 2915. PASSENGER FERRY GRANTS. 

23 Section 5307(h) of title 49, United States Code, is 

24 amended by adding at the end the following paragraph: 


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1 ‘‘(4) ZERO-EMISSION OR REDUCED-EMISSION

2 GRANTS.— 

3 ‘‘(A) DEFINITIONS.—In this paragraph— 

4 ‘‘(i) the term ‘eligible project’ means a 

5 project or program of projects in an area el6 igible for a grant under subsection (a) for— 

7 ‘‘(I) acquiring zero- or reduced8 emission passenger ferries; 

9 ‘‘(II) leasing zero- or reduced10 emission passenger ferries; 

11 ‘‘(III) constructing facilities and 

12 related equipment for zero- or reduced13 emission passenger ferries; 

14 ‘‘(IV) leasing facilities and related 

15 equipment for zero- or reduced-emis16 sion passenger ferries; 

17 ‘‘(V) constructing new public 

18 transportation facilities to accommo19 date zero- or reduced-emission pas20 senger ferries; 

21 ‘‘(VI) constructing shoreside ferry 

22 charging infrastructure for zero- or re23 duced-emission passenger ferries; or 

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1 cilities to accommodate zero- or re2 duced-emission passenger ferries; 

3 ‘‘(ii) the term ‘zero- or reduced-emis4 sion passenger ferry’ means a passenger 

5 ferry used to provide public transportation 

6 that reduces emissions by utilizing onboard 

7 energy storage systems for hybrid-electric or 

8 100 percent electric propulsion, related 

9 charging infrastructure, and other tech10 nologies deployed to reduce emissions or 

11 produce zero onboard emissions under nor12 mal operation; and 

13 ‘‘(iii) the term ‘recipient’ means a des14 ignated recipient, a local government au15 thority, or a State that receives a grant 

16 under subsection (a). 

17 ‘‘(B) GENERAL AUTHORITY.—The Secretary 

18 may make grants to recipients to finance eligible 

19 projects under this paragraph. 

20 ‘‘(C) GRANT REQUIREMENTS.—A grant 

21 under this paragraph shall be subject to the same 

22 terms and conditions as a grant under sub23 section (a). 

24 ‘‘(D) COMPETITIVE PROCESS.—The Sec25 retary shall solicit grant applications and make 


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1 grants for eligible projects under this paragraph 

2 on a competitive basis. 

3 ‘‘(E) GOVERNMENT SHARE OF COSTS.— 

4 ‘‘(i) IN GENERAL.—The Federal share 

5 of the cost of an eligible project carried out 

6 under this paragraph shall not exceed 80 

7 percent. 

8 ‘‘(ii) NON-FEDERAL SHARE.—The non9 Federal share of the cost of an eligible 

10 project carried out under this subsection 

11 may be derived from in-kind contribu12 tions.’’. 

13 SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL IN14 VESTMENT. 

15 Section 5309(h)(4) of title 49, United States Code, is 

16 amended by inserting ‘‘, the extent to which the project im17 proves transportation options to economically distressed 

18 areas,’’ after ‘‘public transportation’’. 

19 SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NA20 TIONAL ENVIRONMENTAL POLICY ACT OF 

21 1969 TO FEDERALLY FUNDED BUS SHELTERS. 

22 Not later than 1 year after the date of enactment of 

23 this Act, the Secretary of Transportation shall issue best 

24 practices on the application of the National Environmental 

25 Policy Act of 1969 (42 U.S.C. 4321 et seq.) to federally 


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1 funded bus shelters to assist recipients of Federal funds in 

2 receiving exclusions permitted by law. 

3 SEC. 2918. CAPITAL INVESTMENT GRANT STREAMLINING. 

4 (a) IN GENERAL.—Section 3005(b) of the FAST Act 

5 (Public Law 116–94) is repealed. 

6 (b) GRANDFATHER CLAUSES.—For any projects that 

7 have submitted an application or are being evaluated under 

8 the program described in section 3005(b) of such Act prior 

9 to the date of enactment of this Act, the Secretary shall— 

10 (1) continue to administer the project under the 

11 terms of such section as it existed on the day prior 

12 to the date of enactment of this Act; and 

13 (2) for purposes of providing Federal assistance 

14 to such project (and notwithstanding any other provi15 sion of law), provide such funds as may be necessary 

16 from the amounts provided in section 5338(b) of title 

17 49, United States Code, and division A of this Act. 

18 SEC. 2919. DISPOSITION OF ROLLING STOCK TO IMPROVE 

19 AIR QUALITY GOALS. 

20 Section 5334 of title 49, United States Code, is further 

21 amended by adding at the end the following: 

22 ‘‘(m) DISPOSITION OF ROLLING STOCK TO MEET AIR

23 QUALITY GOALS.— 

24 ‘‘(1) IN GENERAL.—If a recipient, or sub25 recipient, for assistance under this chapter disposes of 


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1 rolling stock with a current market value, or proceeds 

2 from the disposition of such rolling stock, acquired 

3 under this chapter at least in part with such assist4 ance, before such rolling stock has reached its useful 

5 life, the Secretary may allow the recipient, or sub6 recipient, to use the proceeds attributable to the Fed7 eral share of such rolling stock calculated under para8 graph (3) for capital projects under section 5307, 

9 5310, or 5311 without need for repayment of the Fed10 eral financial interest. 

11 ‘‘(2) COVERED ROLLING STOCK.—This subsection 

12 shall only apply to rolling stock disposed of— 

13 ‘‘(A) which are replaced by rolling stock 

14 that will help improve attainment of air quality 

15 goals compared to the rolling stock being re16 placed; and 

17 ‘‘(B) for which the recipient is located in an 

18 area that is designated as a nonattainment area 

19 for particulate matter under section 107(d) of 

20 the Clean Air Act (42 U.S.C. 7407(d)). 

21 ‘‘(3) CALCULATION OF FEDERAL SHARE ATTRIB22 UTABLE.—The proceeds attributable to the Federal 

23 share of rolling stock described in paragraph (1) shall 

24 be calculated by multiplying— 


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1 ‘‘(A) the current market value of, or the 

2 proceeds from the disposition of, such asset; and 

3 ‘‘(B) the Federal share percentage for the 

4 acquisition of such asset at the time of acquisi5 tion of such asset.’’. 

6 TITLE III—HIGHWAY TRAFFIC 

7 SAFETY 

8 SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—The following sums are authorized 

10 to be appropriated out of the Highway Trust Fund (other 

11 than the Mass Transit Account): 

12 (1) HIGHWAY SAFETY PROGRAMS.—For carrying 

13 out section 402 of title 23, United States Code— 

14 (A) $378,400,000 for fiscal year 2023; 

15 (B) $382,400,000 for fiscal year 2024; 

16 (C) $386,500,000 for fiscal year 2025; and 

17 (D) $390,400,000 for fiscal year 2026. 

18 (2) HIGHWAY SAFETY RESEARCH AND DEVELOP19 MENT.—For carrying out section 403 of title 23, 

20 United States Code— 

21 (A) $182,495,000 for fiscal year 2023; 

22 (B) $184,795,000 for fiscal year 2024; 

23 (C) $187,795,000 for fiscal year 2025; and 

24 (D) $190,695,000 for fiscal year 2026. 


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1 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

2 For carrying out section 405 of title 23, United States 

3 Code— 

4 (A) $384,119,000 for fiscal year 2023; 

5 (B) $393,205,000 for fiscal year 2024; 

6 (C) $402,205,000 for fiscal year 2025; and 

7 (D) $411,388,000 for fiscal year 2026. 

8 (4) NATIONAL DRIVER REGISTER.—For the Na9 tional Highway Traffic Safety Administration to 

10 carry out chapter 303 of title 49, United States 

11 Code— 

12 (A) $5,700,000 for fiscal year 2023; 

13 (B) $5,800,000 for fiscal year 2024; 

14 (C) $5,900,000 for fiscal year 2025; and 

15 (D) $6,000,000 for fiscal year 2026. 

16 (5) HIGH-VISIBILITY ENFORCEMENT PROGRAM.— 

17 For carrying out section 404 of title 23, United States 

18 Code— 

19 (A) $60,200,000 for fiscal year 2023; 

20 (B) $60,600,000 for fiscal year 2024; 

21 (C) $60,800,000 for fiscal year 2025; and 

22 (D) $61,200,000 for fiscal year 2026. 

23 (6) ADMINISTRATIVE EXPENSES.—For adminis24 trative and related operating expenses of the National 


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1 Highway Traffic Safety Administration in carrying 

2 out chapter 4 of title 23, United States Code— 

3 (A) $30,586,000 for fiscal year 2023; 

4 (B) $31,000,000 for fiscal year 2024; 

5 (C) $31,500,000 for fiscal year 2025; and 

6 (D) $31,917,000 for fiscal year 2026. 

7 (7) CENTER FOR FAIR AND EQUITABLE TRAFFIC

8 SAFETY ENFORCEMENT.—For carrying out section 

9 3003 of this title, $35,000,000 for each of fiscal years 

10 2023 through 2026. 

11 (b) PROHIBITION ON OTHER USES.—Except as other12 wise provided in chapter 4 of title 23, United States Code, 

13 and chapter 303 of title 49, United States Code, the 

14 amounts made available from the Highway Trust Fund 

15 (other than the Mass Transit Account) for a program under 

16 such chapters— 

17 (1) shall only be used to carry out such program; 

18 and 

19 (2) may not be used by States or local govern20 ments for construction purposes. 

21 (c) APPLICABILITY OF TITLE 23.—Except as otherwise 

22 provided in chapter 4 of title 23, United States Code, and 

23 chapter 303 of title 49, United States Code, amounts made 

24 available under subsection (a) for fiscal years 2023 through 

25 2026 shall be available for obligation in the same manner 


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1 as if such funds were apportioned under chapter 1 of title 

2 23, United States Code. 

3 (d) REGULATORY AUTHORITY.—Grants awarded 

4 under chapter 4 of title 23, United States Code, including 

5 any amendments made by this title, shall be carried out 

6 in accordance with regulations issued by the Secretary of 

7 Transportation. 

8 (e) STATE MATCHING REQUIREMENTS.—If a grant 

9 awarded under chapter 4 of title 23, United States Code, 

10 requires a State to share in the cost, the aggregate of all 

11 expenditures for highway safety activities made during a 

12 fiscal year by the State and its political subdivisions (exclu13 sive of Federal funds) for carrying out the grant (other than 

14 planning and administration) shall be available for the 

15 purpose of crediting the State during such fiscal year for 

16 the non-Federal share of the cost of any other project carried 

17 out under chapter 4 of title 23, United States Code (other 

18 than planning or administration), without regard to wheth19 er such expenditures were made in connection with such 

20 project. 

21 (f) GRANT APPLICATION AND DEADLINE.—To receive 

22 a grant under chapter 4 of title 23, United States Code, 

23 a State shall submit an application, and the Secretary of 

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1 plications to enable the award of grants early in the next 

2 fiscal year. 

3 SEC. 3002. HIGHWAY SAFETY PROGRAMS. 

4 Section 402 of title 23, United States Code, is amend5 ed— 

6 (1) in subsection (a) by adding at the end the 

7 following: 

8 ‘‘(3) ADDITIONAL CONSIDERATIONS.—States 

9 which have legalized medicinal or recreational mari10 juana shall consider programs in addition to the pro11 grams described in paragraph (2)(A) to educate driv12 ers on the risks associated with marijuana-impaired 

13 driving and to reduce injuries and deaths resulting 

14 from individuals driving motor vehicles while im15 paired by marijuana.’’; 

16 (2) in subsection (c)— 

17 (A) by redesignating paragraphs (2), (3), 

18 and (4) as paragraphs (3), (4), and (5), respec19 tively; 

20 (B) by inserting after paragraph (1) the fol21 lowing: 

22 ‘‘(2) ADDITIONAL USES.—In addition to uses au23 thorized under paragraph (1) and as approved by the 

24 Secretary, States may use funds under this section 

25 to— 


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1 ‘‘(A) educate the public on the dangers of 

2 pediatric vehicular hyperthermia; 

3 ‘‘(B) purchase and distribute child re4 straints to low-income families; and 

5 ‘‘(C) reduce injuries and deaths resulting 

6 from drivers of motor vehicles not moving to an7 other traffic lane or reducing the speed of such 

8 driver’s vehicle when passing an emergency, law 

9 enforcement, or other vehicle stopped or parked 

10 on or near the roadway.’’. 

11 (C) in paragraph (5), as so redesignated)— 

12 (i) by striking subparagraph (C); 

13 (ii) by redesignating subparagraph (B) 

14 as subparagraph (D); and 

15 (iii) by inserting after subparagraph 

16 (A) the following: 

17 ‘‘(B) SPECIAL RULE FOR SCHOOL AND

18 WORK ZONES.—Notwithstanding subparagraph 

19 (A), a State may expend funds apportioned to 

20 that State under this section to carry out a pro21 gram to purchase, operate, or maintain an auto22 mated traffic system in a work zone or school 

23 zone. 

24 ‘‘(C) AUTOMATED TRAFFIC ENFORCEMENT

25 SYSTEM GUIDELINES.—Any automated traffic 


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1 enforcement system installed pursuant to sub2 paragraph (B) shall comply with speed enforce3 ment camera systems and red light camera sys4 tems guidelines established by the Secretary.’’; 

5 and 

6 (3) in subsection (n)— 

7 (A) by striking ‘‘PUBLIC TRANSPARENCY’’ 

8 and all that follows through ‘‘The Secretary’’ 

9 and inserting the following: ‘‘PUBLIC TRANS10 PARENCY.— 

11 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

13 ‘‘(2) STATE HIGHWAY SAFETY PLAN WEBSITE.— 

14 ‘‘(A) IN GENERAL.—In carrying out the re15 quirements of paragraph (1), the Secretary shall 

16 establish a public website that is easily acces17 sible, navigable, and searchable for the informa18 tion required under paragraph (1), in order to 

19 foster greater transparency in approved State 

20 highway safety programs. 

21 ‘‘(B) CONTENTS.—The website established 

22 under subparagraph (A) shall— 

23 ‘‘(i) include each State highway safety 

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1 proved by the Secretary under subsection 

2 (k); 

3 ‘‘(ii) provide a means for the public to 

4 search such website for State highway safety 

5 program content required in subsection (k), 

6 including— 

7 ‘‘(I) performance measures re8 quired by the Secretary under para9 graph (3)(A); 

10 ‘‘(II) progress made toward meet11 ing the State’s performance targets for 

12 the previous year; 

13 ‘‘(III) program areas and expend14 itures; and 

15 ‘‘(IV) a description of any sources 

16 of funds other than funds provided 

17 under this section that the State pro18 poses to use to carry out the State 

19 highway safety plan of such State.’’. 

20 SEC. 3003. FAIR AND EQUITABLE TRAFFIC SAFETY EN21 FORCEMENT. 

22 (a) IN GENERAL.—The Secretary of Transportation 

23 shall make grants under this section to an eligible nonprofit 

24 institution of higher education with demonstrated expertise 

25 in promoting fair and equitable traffic safety enforcement 


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1 to establish and operate a national center of excellence for 

2 fair and equitable traffic safety enforcement (in this section 

3 referred to as the ‘‘Center’’). 

4 (b) PURPOSE.—The purpose of the Center shall be to 

5 promote fair and equitable traffic safety enforcement with 

6 the goal of reducing traffic fatalities and injuries. 

7 (c) ROLE OF CENTER.—The role of the Center shall 

8 be to establish and operate a national fair and equitable 

9 traffic safety enforcement clearinghouse to— 

10 (1) develop data collection systems to promote 

11 fair and equitable traffic safety enforcement solutions, 

12 including assisting States participating in the pro13 gram established under section 403(j) of title 23, 

14 United States Code, (as added by this Act) share data 

15 collected to a national database; 

16 (2) develop recommendations for States to im17 prove data collection on law enforcement programs 

18 carried out under sections 402 and 405 of this title 

19 in order to promote fair and equitable traffic safety 

20 enforcement programs; 

21 (3) provide technical assistance to States on the 

22 implementation of the program established under sec23 tion 403(j) of title 23, United States Code, as added 

24 by this Act; 


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1 (4) research and disseminate best practices for 

2 implementing equitable traffic safety enforcement pro3 grams; and 

4 (5) develop information and educational pro5 grams on implementing equitable traffic safety en6 forcement best practices. 

7 (d) CONSULTATION.—In carrying out the activities 

8 under paragraphs (4) and (5) of subsection (c), the Center 

9 shall consult with relevant stakeholders, including— 

10 (1) civil rights organizations; 

11 (2) traffic safety advocacy groups; 

12 (3) law enforcement representatives; 

13 (4) State highway safety offices; and 

14 (5) such other surface transportation stakeholders 

15 and industry experts as the Center considers appro16 priate. 

17 (e) REPORT TO CONGRESS.—Not later than 2 years 

18 after the establishment of the Center under subsection (a), 

19 the Secretary shall submit to the Committee on Transpor20 tation and Infrastructure of the House of Representatives 

21 and the Committee on Environment and Public Works of 

22 the Senate a report on progress made toward meeting the 

23 goals established under subsection (b). 


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1 SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOP2 MENT. 

3 Section 403 of title 23, United States Code, is amend4 ed— 

5 (1) in subsection (b) by inserting ‘‘, training,’’ 

6 after ‘‘demonstration projects’’; 

7 (2) in subsection (f)(1)— 

8 (A) by striking ‘‘$2,500,000’’ and inserting 

9 ‘‘$3,500,000’’; and 

10 (B) by striking ‘‘subsection 402(c) in each 

11 fiscal year ending before October 1, 2015, and 

12 $443,989 of the total amount available for ap13 portionment to the States for highway safety 

14 programs under section 402(c) in the period be15 ginning on October 1, 2015, and ending on De16 cember 4, 2015,’’ and inserting ‘‘section 

17 402(c)(2) in each fiscal year’’; and 

18 (3) by striking subsection (h) and redesignating 

19 subsections (i) and (j) as subsections (h) and (i), re20 spectively. 

21 SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL 

22 PROFILING. 

23 Section 403 of title 23, United States Code, as amend24 ed by section 3004 of this Act, is further amended by adding 

25 at the end the following: 


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1 ‘‘(j) GRANT PROGRAM TO PROHIBIT RACIAL

2 PROFILING.— 

3 ‘‘(1) GENERAL AUTHORITY.—Subject to the re4 quirements of this subsection, the Secretary shall 

5 make grants to a State that— 

6 ‘‘(A) is maintaining and allows public in7 spection of statistical information for each motor 

8 vehicle stop made by a law enforcement officer 

9 on a Federal-aid highway in the State regarding 

10 the race and ethnicity of the driver; or 

11 ‘‘(B) provides assurances satisfactory to the 

12 Secretary that the State is undertaking activities 

13 to comply with the requirements of subparagraph 

14 (A). 

15 ‘‘(2) USE OF GRANT FUNDS.—A grant received 

16 by a State under paragraph (1) shall be used by the 

17 State for the costs of— 

18 ‘‘(A) collecting and maintaining data on 

19 traffic stops; 

20 ‘‘(B) evaluating the results of such data; 

21 and 

22 ‘‘(C) developing and implementing pro23 grams to reduce the occurrence of racial 

24 profiling. 


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1 ‘‘(3) LIMITATIONS.—The total amount of grants 

2 made to a State under this section in a fiscal year 

3 may not exceed— 

4 ‘‘(A) 10 percent of the amount made avail5 able to carry out this section in the fiscal year 

6 for States eligible under paragraph (1)(A); and 

7 ‘‘(B) 5 percent of the amount made avail8 able to carry out this section in the fiscal year 

9 for States eligible under paragraph (1)(B). 

10 ‘‘(4) FUNDING.—From funds made available 

11 under this section, the Secretary shall set aside 

12 $15,000,000 for each fiscal year to carry out this sub13 section.’’. 

14 SEC. 3006. NATIONAL SAFETY CAMPAIGNS. 

15 (a) IN GENERAL.—Section 404 of title 23, United 

16 States Code, is amended to read as follows: 

17 ‘‘§ 404. National safety campaigns 

18 ‘‘(a) IN GENERAL.—The Secretary shall establish and 

19 administer a program under which not less than 3 high20 visibility enforcement campaigns and not less than 3 public 

21 awareness campaigns will be carried out in each of fiscal 

22 years 2023 through 2026. 

23 ‘‘(b) HIGH-VISIBILITY ENFORCEMENT.—In carrying 

24 out the requirements under paragraph (a), the Secretary 


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1 shall ensure that in each fiscal year not less than 1 high2 visibility enforcement campaign is carried out to— 

3 ‘‘(1) reduce alcohol-impaired operation of a 

4 motor vehicle; 

5 ‘‘(2) reduce alcohol-impaired and drug-impaired 

6 operation of a motor vehicle; and 

7 ‘‘(3) increase use of seatbelts by occupants of 

8 motor vehicles. 

9 ‘‘(c) PUBLIC AWARENESS.—The purpose of each public 

10 awareness campaign carried out under this section shall be 

11 to achieve outcomes related to not less than 1 of the fol12 lowing objectives: 

13 ‘‘(1) Increase the proper use of seatbelts and 

14 child restraints by occupants of motor vehicles. 

15 ‘‘(2) Reduce instances of distracted driving. 

16 ‘‘(3) Reduce instances of speeding by drivers. 

17 ‘‘(d) ADVERTISING.—The Secretary may use, or au18 thorize the use of, funds available to carry out this section 

19 to pay for the development, production, and use of broadcast 

20 and print media advertising and Internet-based outreach 

21 in carrying out campaigns under this section. In allocating 

22 such funds, consideration shall be given to advertising di23 rected at non-English speaking populations, including those 

24 who listen to, read, or watch nontraditional media. 


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1 ‘‘(e) COORDINATION WITH STATES.—The Secretary 

2 shall coordinate with States in carrying out the high-visi3 bility enforcement campaigns under this section, including 

4 advertising funded under subsection (d), with consideration 

5 given to— 

6 ‘‘(1) relying on States to provide law enforce7 ment resources for the campaigns out of funding made 

8 available under sections 402 and 405; and 

9 ‘‘(2) providing, out of National Highway Traffic 

10 Safety Administration resources, most of the means 

11 necessary for national advertising and education ef12 forts associated with the campaigns. 

13 ‘‘(f) COORDINATION OF DYNAMIC HIGHWAY MESSAGE

14 SIGNS.—During national high-visibility enforcement em15 phasis periods supported by these funds, the Federal High16 way Administration and the National Highway Traffic 

17 Safety Administration shall coordinate with State depart18 ments of transportation on the use of dynamic highway 

19 message signs to support high-visibility national emphasis 

20 activities. 

21 ‘‘(g) USE OF FUNDS.—Funds made available to carry 

22 out this section may be used only for activities described 

23 in subsections (c) and (d). 

24 ‘‘(h) DEFINITION.—In this section: 


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1 ‘‘(1) CAMPAIGN.—The term ‘campaign’ means a 

2 high-visibility traffic safety law enforcement cam3 paign or a traffic safety public awareness campaign. 

4 ‘‘(2) DYNAMIC HIGHWAY.—The term ‘dynamic 

5 highway message sign’ means a traffic control device 

6 that is capable of displaying one or more alternative 

7 messages which convey information to travelers. 

8 ‘‘(3) STATE.—The ‘State’ has the meaning given 

9 that term in section 401. 

10 ‘‘(b) CLERICAL AMENDMENT.—The item relating to 

11 section 404 in the analysis for chapter 4 of title 23, United 

12 States Code, is amended to read as follows: 

‘‘ ‘404. National safety campaigns.’. 

13 SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS. 

14 (a) IN GENERAL.—Section 405 of title 23, United 

15 States Code, is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1) by striking ‘‘13 per18 cent’’ and inserting ‘‘12.85 percent’’; 

19 (B) in paragraph (2) by striking ‘‘14.5 per20 cent’’ and inserting ‘‘14.3 percent’’; 

21 (C) in paragraph (3) by striking ‘‘52.5 per22 cent’’ and inserting ‘‘51.75 percent’’; 

23 (D) in paragraph (4) by striking ‘‘8.5 per24 cent’’ and inserting ‘‘8.3 percent’’; 


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1 (E) in paragraph (6) by striking ‘‘5 per2 cent’’ and inserting ‘‘4.9 percent’’; 

3 (F) in paragraph (7) by striking ‘‘5 per4 cent’’ and inserting ‘‘4.9 percent’’; 

5 (G) in paragraph (8)— 

6 (i) by striking ‘‘paragraphs (1) 

7 through (7)’’ and inserting ‘‘paragraphs (1) 

8 through (8)’’; 

9 (ii) by striking ‘‘subsections (b) 

10 through (h)’’ and inserting ‘‘subsections (b) 

11 through (i)’’; and 

12 (iii) by inserting ‘‘to carry out any of 

13 the other activities described in such sub14 sections, or the amount made available’’ be15 fore ‘‘under section 402’’; 

16 (H) in paragraph (9)(A) by striking ‘‘date 

17 of enactment of the FAST Act’’ and inserting 

18 ‘‘date of enactment of the INVEST in America 

19 Act’’; 

20 (I) by redesignating paragraphs (8), (9), 

21 and (10) as paragraphs (9), (10), and (11), re22 spectively; and 

23 (J) by inserting after paragraph (7) the fol24 lowing: 


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1 ‘‘(8) DRIVER AND OFFICER SAFETY EDU2 CATION.—In each fiscal year, 1.5 percent of the funds 

3 provided under this section shall be allocated among 

4 States that meet the requirements with respect to 

5 driver and officer safety education (as described in 

6 subsection (i)).’’; 

7 (2) in subsection (c)(3)(E) by striking ‘‘5’’ and 

8 inserting ‘‘10’’; 

9 (3) in subsection (b)(4)— 

10 (A) in subparagraph (A) by striking clause 

11 (v) and inserting the following: 

12 ‘‘(v) implement programs in low-in13 come and underserved populations to— 

14 ‘‘(I) recruit and train occupant 

15 protection safety professionals, nation16 ally certified child passenger safety 

17 technicians, police officers, fire and 

18 emergency medical personnel, and edu19 cators serving low-income and under20 served populations; 

21 ‘‘(II) educate parents and care22 givers in low-income and underserved 

23 populations about the proper use and 

24 installation of child safety seats; and 


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1 ‘‘(III) purchase and distribute 

2 child safety seats to low-income and 

3 underserved populations; and’’; and 

4 (B) in subparagraph (B)— 

5 (i) by striking ‘‘100 percent’’ and in6 serting ‘‘90 percent’’; and 

7 (ii) by inserting ‘‘The remaining 10 

8 percent of such funds shall be used to carry 

9 out subsection (A)(v).’’ after ‘‘section 402.’’; 

10 (4) by striking subsection (c)(4) and inserting 

11 the following: 

12 ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds re13 ceived by a State under this subsection shall be used 

14 for— 

15 ‘‘(A) making data program improvements 

16 to core highway safety databases related to quan17 tifiable, measurable progress in any of the 6 sig18 nificant data program attributes set forth in 

19 paragraph (3)(D); 

20 ‘‘(B) developing or acquiring information 

21 technology for programs to identify, collect, and 

22 report data to State and local government agen23 cies, and enter data, including crash, citation 

24 and adjudication, driver, emergency medical 

25 services or injury surveillance system, roadway, 


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1 and vehicle, into the core highway safety data2 bases of a State; 

3 ‘‘(C) purchasing equipment used to identify, 

4 collect, and report State safety data to support 

5 State efforts to improve State traffic safety infor6 mation systems; 

7 ‘‘(D) linking core highway safety databases 

8 of a State with such databases of other States; 

9 ‘‘(E) improving the compatibility and 

10 interoperability of the core highway safety data11 bases of the State with national data systems 

12 and data systems of other States; 

13 ‘‘(F) costs associated with training State 

14 and local personnel on ways to improve State 

15 traffic safety information systems; 

16 ‘‘(G) hiring a Fatality Analysis Reporting 

17 System liaison for a State; and 

18 ‘‘(H) conducting research on State traffic 

19 safety information systems, including developing 

20 and evaluating programs to improve core high21 way safety databases of such State and processes 

22 by which data is identified, collected, reported to 

23 State and local government agencies, and entered 

24 into such core safety databases.’’; 


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1 (5) by striking subsection (d)(6)(A) and insert2 ing the following: 

3 ‘‘(A) GRANTS TO STATES WITH ALCOHOL-IG4 NITION INTERLOCK LAWS.—The Secretary shall 

5 make a separate grant under this subsection to 

6 each State that— 

7 ‘‘(i) adopts and is enforcing a manda8 tory alcohol-ignition interlock law for all 

9 individuals at the time of, or prior to, a 

10 conviction of driving under the influence of 

11 alcohol or of driving while intoxicated; 

12 ‘‘(ii) does not allow any individual re13 quired to have an ignition interlock for 

14 driving privileges to drive a motor vehicle 

15 unless such individual installs an ignition 

16 interlock for a minimum 180-day interlock 

17 period; or 

18 ‘‘(iii) has— 

19 ‘‘(I) enacted and is enforcing a 

20 state law requiring all individuals con21 victed of, or whose driving privilege is 

22 revoked or denied for, refusing to sub23 mit to a chemical or other test for the 

24 purpose of determining the presence or 

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1 stance to install an ignition interlock 

2 for a minimum 180-day interlock pe3 riod unless the driver successfully com4 pletes an appeal process; and 

5 ‘‘(II) a compliance-based removal 

6 program in which an individual re7 quired to install an ignition interlock 

8 for a minimum 180-day interlock pe9 riod and have completed a minimum 

10 consecutive period of not less than 60 

11 days of the required interlock period 

12 immediately preceding the date of re13 lease, without a confirmed violation, as 

14 defined by State law or regulations, of 

15 driving under the influence of alcohol 

16 or driving while intoxicated.’’; 

17 (6) in subsection (e)— 

18 (A) in paragraph (1) by striking ‘‘para19 graphs (2) and (3)’’ and inserting ‘‘paragraph 

20 (2)’’; 

21 (B) in paragraph (4)— 

22 (i) by striking ‘‘paragraph (2) or (3)’’ 

23 and inserting ‘‘paragraph (3) or (4)’’; 

24 (ii) in subparagraph (A) by striking 

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1 gency services’’ and inserting ‘‘communica2 tions device during an emergency to contact 

3 emergency services or to prevent injury to 

4 persons or property’’; 

5 (iii) in subparagraph (C) by striking 

6 ‘‘; and’’ and inserting a semicolon; 

7 (iv) by redesignating subparagraph 

8 (D) as subparagraph (E); and 

9 (v) by inserting after subparagraph 

10 (C) the following: 

11 ‘‘(D) a driver who uses a personal wireless 

12 communication device for navigation; and’’; 

13 (C) in paragraph (5)(A)(i) by striking 

14 ‘‘texting or using a cell phone while’’ and insert15 ing ‘‘distracted’’; 

16 (D) in paragraph (7) by striking ‘‘Of the 

17 amounts’’ and inserting ‘‘In addition to the 

18 amounts authorized under section 404 and of the 

19 amounts’’; 

20 (E) in paragraph (9)— 

21 (i) by striking subparagraph (B) and 

22 inserting the following: 

23 ‘‘(B) PERSONAL WIRELESS COMMUNICA24 TIONS DEVICE.—The term ‘personal wireless 

25 communications device’ means— 


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1 ‘‘(i) until the date on which the Sec2 retary issues a regulation pursuant to para3 graph (8)(A), a device through which per4 sonal services (as such term is defined in 

5 section 332(c)(7)(C)(i) of the Communica6 tions Act of 1934 (47 U.S.C. 

7 332(c)(7)(C)(i)) are transmitted, but not in8 cluding the use of such a device as a global 

9 navigation system receiver used for posi10 tioning, emergency notification, or naviga11 tion purposes; and 

12 ‘‘(ii) on and after the date on which 

13 the Secretary issues a regulation pursuant 

14 to paragraph (8)(A), the definition de15 scribed in such regulation.’’; and 

16 (ii) by striking subparagraph (E) and 

17 inserting the following: 

18 ‘‘(E) TEXTING.—The term ‘texting’ 

19 means— 

20 ‘‘(i) until the date on which the Sec21 retary issues a regulation pursuant to para22 graph (8)(A), reading from or manually en23 tering data into a personal wireless commu24 nications device, including doing so for the 

25 purpose of SMS texting, emailing, instant 


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1 messaging, or engaging in any other form of 

2 electronic data retrieval or electronic data 

3 communication; and 

4 ‘‘(ii) on and after the date on which 

5 the Secretary issues a regulation pursuant 

6 to paragraph (8)(A), the definition de7 scribed in such regulation.’’; 

8 (F) by striking paragraphs (2), (3), (6), 

9 and (8); 

10 (G) by redesignating paragraphs (4) and 

11 (5) as paragraphs (5) and (6), respectively; 

12 (H) by inserting after paragraph (1) the 

13 following: 

14 ‘‘(2) ALLOCATION.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graphs (B), (C), and (D), the allocation of grant 

17 funds to a State under this subsection for a fiscal 

18 year shall be in proportion to the State’s appor19 tionment under section 402 for fiscal year 2009. 

20 ‘‘(B) PRIMARY OFFENSE LAWS.—A State 

21 that has enacted and is enforcing a law that 

22 meets the requirements set forth in paragraphs 

23 (3) and (4) as a primary offense shall be allo24 cated 100 percent of the amount calculated under 

25 subparagraph (A). 


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1 ‘‘(C) SECONDARY OFFENSE LAWS.—A State 

2 that has enacted and is enforcing a law that 

3 meets the requirements set forth in paragraphs 

4 (3) and (4) as a secondary offense shall be allo5 cated 50 percent of the amount calculated under 

6 subparagraph (A). 

7 ‘‘(D) TEXTING WHILE DRIVING.—Notwith8 standing subparagraphs (B) and (C), a State 

9 shall be allocated 25 percent of the amount cal10 culated under subparagraph (A) if such State 

11 has enacted and is enforcing a law that prohibits 

12 a driver from viewing a personal wireless com13 munication device, except for the purpose of 

14 navigation. 

15 ‘‘(3) PROHIBITION ON HANDHELD PERSONAL

16 WIRELESS COMMUNICATION DEVICE USE WHILE DRIV17 ING.—A State law meets the requirements set forth in 

18 this paragraph if the law— 

19 ‘‘(A) prohibits a driver from holding or 

20 using, including texting, a personal wireless 

21 communications device while driving, except for 

22 the use of a personal wireless communications 

23 device— 

24 ‘‘(i) in a hands-free manner or with a 

25 hands-free accessory; or 


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1 ‘‘(ii) to activate or deactivate a feature 

2 or function of the personal wireless commu3 nications device; 

4 ‘‘(B) establishes a fine for a violation of the 

5 law; and 

6 ‘‘(C) does not provide for an exemption that 

7 specifically allows a driver to hold or use a per8 sonal wireless communication device while 

9 stopped in traffic. 

10 ‘‘(4) PROHIBITION ON PERSONAL WIRELESS COM11 MUNICATION DEVICE USE WHILE DRIVING OR

12 STOPPED IN TRAFFIC.—A State law meets the require13 ments set forth in this paragraph if the law— 

14 ‘‘(A) prohibits a driver from holding or 

15 using a personal wireless communications device 

16 while driving if the driver is— 

17 ‘‘(i) younger than 18 years of age; or 

18 ‘‘(ii) in the learner’s permit or inter19 mediate license stage described in subpara20 graph (A) or (B) of subsection (g)(2); 

21 ‘‘(B) establishes a fine for a violation of the 

22 law; and 

23 ‘‘(C) does not provide for an exemption that 

24 specifically allows a driver to use a personal 


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1 wireless communication device while stopped in 

2 traffic.’’; and 

3 (I) by inserting after paragraph (7) the fol4 lowing: 

5 ‘‘(8) RULEMAKING.—Not later than 1 year after 

6 the date of enactment of this paragraph, the Secretary 

7 shall issue such regulations as are necessary to ac8 count for diverse State approaches to combating dis9 tracted driving that— 

10 ‘‘(A) defines the terms personal wireless 

11 communications device and texting for the pur12 poses of this subsection; and 

13 ‘‘(B) determines additional permitted excep14 tions that are appropriate for a State law that 

15 meets the requirements under paragraph (3) or 

16 (4).’’; 

17 (7) in subsection (g)— 

18 (A) in paragraph (1) by inserting ‘‘sub19 paragraphs (A) and (B) of’’ before ‘‘paragraph 

20 (2)’’; 

21 (B) by striking paragraph (2) and inserting 

22 the following: 

23 ‘‘(2) MINIMUM REQUIREMENTS.— 

24 ‘‘(A) TIER 1 STATE.—A State shall be eligi25 ble for a grant under this subsection as a Tier 


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1 1 State if such State requires novice drivers 

2 younger than 18 years of age to comply with a 

3 2-stage graduated driver licensing process before 

4 receiving an unrestricted driver’s license that in5 cludes— 

6 ‘‘(i) a learner’s permit stage that— 

7 ‘‘(I) is at least 180 days in dura8 tion; 

9 ‘‘(II) requires that the driver be 

10 accompanied and supervised at all 

11 times; and 

12 ‘‘(III) has a requirement that the 

13 driver obtain at least 40 hours of be14 hind-the-wheel training with a super15 visor; and 

16 ‘‘(ii) an intermediate stage that— 

17 ‘‘(I) commences immediately after 

18 the expiration of the learner’s permit 

19 stage; 

20 ‘‘(II) is at least 180 days in dura21 tion; and 

22 ‘‘(III) for the first 180 days of the 

23 intermediate stage, restricts the driver 

24 from— 


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1 ‘‘(aa) driving at night be2 tween the hours of 11:00 p.m. and 

3 at least 4:00 a.m. except— 

4 ‘‘(AA) when a parent, 

5 guardian, driving instructor, 

6 or licensed driver who is at 

7 least 21 years of age is in the 

8 motor vehicle; and 

9 ‘‘(BB) when driving to 

10 and from work, school and 

11 school-related activities, reli12 gious activities, for emer13 gencies, or as a member of 

14 voluntary emergency service; 

15 and 

16 ‘‘(bb) operating a motor vehi17 cle with more than 1 nonfamilial 

18 passenger younger than 18 years 

19 of age, except when a parent, 

20 guardian, driving instructor, or 

21 licensed driver who is at least 21 

22 years of age is in the motor vehi23 cle. 

24 ‘‘(B) TIER 2 STATE.—A State shall be eligi25 ble for a grant under this subsection as a Tier 


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1 2 State if such State requires novice drivers 

2 younger than 18 years of age to comply with a 

3 2-stage graduated driver licensing process before 

4 receiving an unrestricted driver’s license that in5 cludes— 

6 ‘‘(i) a learner’s permit stage that— 

7 ‘‘(I) is at least 180 days in dura8 tion; 

9 ‘‘(II) requires that the driver be 

10 accompanied and supervised at all 

11 times; and 

12 ‘‘(III) has a requirement that the 

13 driver obtain at least 50 hours of be14 hind-the-wheel training, with at least 

15 10 hours at night, with a supervisor; 

16 and 

17 ‘‘(ii) an intermediate stage that— 

18 ‘‘(I) commences immediately after 

19 the expiration of the learner’s permit 

20 stage; 

21 ‘‘(II) is at least 180 days in dura22 tion; and 

23 ‘‘(III) for the first 180 days of the 

24 intermediate stage, restricts the driver 

25 from— 


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1 ‘‘(aa) driving at night be2 tween the hours of 10:00 p.m. and 

3 at least 4:00 a.m. except— 

4 ‘‘(AA) when a parent, 

5 guardian, driving instructor, 

6 or licensed driver who is at 

7 least 21 years of age is in the 

8 motor vehicle; and 

9 ‘‘(BB) when driving to 

10 and from work, school and 

11 school-related activities, reli12 gious activities, for emer13 gencies, or as a member of 

14 voluntary emergency service; 

15 and 

16 ‘‘(bb) operating a motor vehi17 cle with any nonfamilial pas18 senger younger than 18 years of 

19 age, except when a parent, guard20 ian, driving instructor, or li21 censed driver who is at least 21 

22 years of age is in the motor vehi23 cle.’’; 

24 (C) in paragraph (3)— 


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1 (i) in subparagraph (A) by inserting 

2 ‘‘subparagraphs (A) and (B) of’’ before 

3 ‘‘paragraph (2)’’; and 

4 (ii) in subparagraph (B) by inserting 

5 ‘‘subparagraphs (A) and (B) of’’ before 

6 ‘‘paragraph (2)’’ each place such term ap7 pears; 

8 (D) in paragraph (4) by striking ‘‘such fis9 cal year’’ and inserting ‘‘fiscal year 2009’’; and 

10 (E) by striking paragraph (5) and inserting 

11 the following: 

12 ‘‘(5) USE OF FUNDS.— 

13 ‘‘(A) TIER 1 STATES.—A Tier 1 State shall 

14 use grant funds provided under this subsection 

15 for— 

16 ‘‘(i) enforcing a 2-stage licensing proc17 ess that complies with paragraph (2); 

18 ‘‘(ii) training for law enforcement per19 sonnel and other relevant State agency per20 sonnel relating to the enforcement described 

21 in clause (i); 

22 ‘‘(iii) publishing relevant educational 

23 materials that pertain directly or indirectly 

24 to the State graduated driver licensing law; 


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1 ‘‘(iv) carrying out other administrative 

2 activities that the Secretary considers rel3 evant to the State’s 2-stage licensing proc4 ess; or 

5 ‘‘(v) carrying out a teen traffic safety 

6 program described in section 402(m). 

7 ‘‘(B) TIER 2 STATES .—Of the grant funds 

8 made available to a Tier 2 State under this sub9 section— 

10 ‘‘(i) 25 percent shall be used for any 

11 activity described in subparagraph (A); and 

12 ‘‘(ii) 75 percent may be used for any 

13 project or activity eligible under section 

14 402.’’; 

15 (8) by amending subsection (h)(4) to read as fol16 lows: 

17 ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds re18 ceived by a State under this subsection may be used 

19 for the safety of pedestrians and bicyclists, includ20 ing— 

21 ‘‘(A) training of law enforcement officials 

22 on pedestrian and bicycle safety, State laws ap23 plicable to pedestrian and bicycle safety, and in24 frastructure designed to improve pedestrian and 

25 bicycle safety; 


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1 ‘‘(B) carrying out a program to support en2 forcement mobilizations and campaigns designed 

3 to enforce State traffic laws applicable to pedes4 trian and bicycle safety; 

5 ‘‘(C) public education and awareness pro6 grams designed to inform motorists, pedestrians, 

7 and bicyclists about— 

8 ‘‘(i) pedestrian and bicycle safety, in9 cluding information on nonmotorized mo10 bility and the important of speed manage11 ment to the safety of pedestrians and 

12 bicyclists; 

13 ‘‘(ii) the value of the use of pedestrian 

14 and bicycle safety equipment, including 

15 lighting, conspicuity equipment, mirrors, 

16 helmets and other protective equipment, and 

17 compliance with any State or local laws re18 quiring their use; 

19 ‘‘(iii) State traffic laws applicable to 

20 pedestrian and bicycle safety, including mo21 torists’ responsibilities towards pedestrians 

22 and bicyclists; and 

23 ‘‘(iv) infrastructure designed to im24 prove pedestrian and bicycle safety; and 


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1 ‘‘(D) data analysis and research concerning 

2 pedestrian and bicycle safety.’’; and 

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

4 ‘‘(i) DRIVER AND OFFICER SAFETY EDUCATION.— 

5 ‘‘(1) GENERAL AUTHORITY.—Subject to the re6 quirements under this subsection, the Secretary shall 

7 award grants to— 

8 ‘‘(A) States that enact a commuter safety 

9 education program; and 

10 ‘‘(B) States qualifying under paragraph 

11 (5)(A). 

12 ‘‘(2) FEDERAL SHARE.—The Federal share of the 

13 costs of activities carried out using amounts from a 

14 grant awarded under this subsection may not exceed 

15 80 percent. 

16 ‘‘(3) ELIGIBILITY.—To be eligible for a grant 

17 under this subsection, a State shall enact a law or 

18 adopt a program that requires the following: 

19 ‘‘(A) DRIVER EDUCATION AND DRIVING

20 SAFETY COURSES.—Inclusion, in driver edu21 cation and driver safety courses provided to in22 dividuals by educational and motor vehicle agen23 cies of the State, of instruction and testing con24 cerning law enforcement practices during traffic 

25 stops, including information on— 


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1 ‘‘(i) the role of law enforcement and 

2 the duties and responsibilities of peace offi3 cers; 

4 ‘‘(ii) an individual’s legal rights con5 cerning interactions with peace officers; 

6 ‘‘(iii) best practices for civilians and 

7 peace officers during such interactions; 

8 ‘‘(iv) the consequences for an individ9 ual’s or officer’s failure to comply with 

10 those laws and programs; and 

11 ‘‘(v) how and where to file a complaint 

12 against or a compliment on behalf of a 

13 peace officer. 

14 ‘‘(B) PEACE OFFICER TRAINING PRO15 GRAMS.—Development and implementation of a 

16 training program, including instruction and 

17 testing materials, for peace officers and reserve 

18 law enforcement officers (other than officers who 

19 have received training in a civilian course de20 scribed in subparagraph (A)) with respect to 

21 proper interaction with civilians during traffic 

22 stops. 

23 ‘‘(4) GRANT AMOUNT.—The allocation of grant 

24 funds to a State under this subsection for a fiscal 


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1 year shall be in proportion to the State’s apportion2 ment under section 402 for fiscal year 2009. 

3 ‘‘(5) SPECIAL RULE FOR CERTAIN STATES.— 

4 ‘‘(A) QUALIFYING STATE.—A State qualifies 

5 pursuant to this subparagraph if— 

6 ‘‘(i) the Secretary determines such 

7 State has taken meaningful steps toward the 

8 full implementation of a law or program 

9 described in paragraph (3); 

10 ‘‘(ii) the Secretary determines such 

11 State has established a timetable for the im12 plementation of such a law or program; and 

13 ‘‘(iii) such State has received a grant 

14 pursuant to this subsection for a period of 

15 not more than 5 years. 

16 ‘‘(B) WITHHOLDING.—With respect to a 

17 State that qualifies pursuant to subparagraph 

18 (A), the Secretary shall— 

19 ‘‘(i) withhold 50 percent of the amount 

20 that such State would otherwise receive if 

21 such State were a State described in para22 graph (1)(A); and 

23 ‘‘(ii) direct any such amounts for dis24 tribution among the States that are enforcVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00935 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 ing and carrying out a law or program de2 scribed in paragraph (3). 

3 ‘‘(6) USE OF GRANT AMOUNTS.—A State receiv4 ing a grant under this subsection may use such 

5 grant— 

6 ‘‘(A) for the production of educational mate7 rials and training of staff for driver education 

8 and driving safety courses and peace officer 

9 training described in paragraph (3); and 

10 ‘‘(B) for the implementation of the law de11 scribed in paragraph (3).’’. 

12 (b) CONFORMING AMENDMENT.—Sections 402, 403, 

13 and 405 of title 23, United States Code, are amended— 

14 (1) by striking ‘‘accidents’’ and inserting ‘‘crash15 es’’ each place it appears; and 

16 (2) by striking ‘‘accident’’ and inserting ‘‘crash’’ 

17 each place it appears. 

18 SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

19 FOR DRIVING WHILE INTOXICATED OR DRIV20 ING UNDER THE INFLUENCE. 

21 Section 164(b)(1) of title 23, United States Code, is 

22 amended— 

23 (1) in subparagraph (A) by striking ‘‘alcohol-im24 paired’’ and inserting ‘‘alcohol or polysubstance-im25 paired’’; and 


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1 (2) in subparagraph (B)— 

2 (A) by striking ‘‘alcohol-impaired’’ and in3 serting ‘‘alcohol or polysubstance-impaired’’; 

4 (B) by striking ‘‘or’’ and inserting a 

5 comma; and 

6 (C) by inserting ‘‘, or driving while 

7 polysubstance-impaired’’ after ‘‘driving under 

8 the influence’’. 

9 SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT 

10 ELIGIBILITY. 

11 Section 4010(2) of the FAST Act (23 U.S.C. 405 note) 

12 is amended by striking ‘‘deficiencies’’ and inserting ‘‘all de13 ficiencies’’. 

14 SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING 

15 GRANTS. 

16 (a) IN GENERAL.—The Secretary of Transportation 

17 shall make grants to institutions of higher education (as 

18 such term is defined in section 101 of the Higher Education 

19 Act of 1965 (20 U.S.C. 1001)) to carry out research, devel20 opment, technology transfer, and training activities in the 

21 operation or establishment of an implicit bias training pro22 gram as it relates to racial profiling at traffic stops. 

23 (b) QUALIFICATIONS.—To be eligible for a grant under 

24 this section, an institution of higher education shall— 


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1 (1) have an active research program or dem2 onstrate, to the satisfaction of the Secretary, that the 

3 applicant is beginning a research program to study 

4 implicit bias as it relates to racial profiling before 

5 and during traffic stops; and 

6 (2) partner with State and local police depart7 ments to conduct the research described in paragraph 

8 (1) and carry out the implementation of implicit bias 

9 training with State and local police departments. 

10 (c) REPORT.—No later than 1 year after a grant has 

11 been awarded under this section, the institution of higher 

12 education awarded the grant shall submit to the Committee 

13 on Transportation and Infrastructure of the House of Rep14 resentatives and the Committee on Commerce, Science, and 

15 Transportation of the Senate a report summarizing the re16 search on implicit bias as it relates to racial profiling before 

17 and during traffic stops, and recommendations on effective 

18 interventions and trainings. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated $20,000,000 for each fiscal 

21 year to carry out this section. 

22 (e) DEFINITIONS.—In this section, the term ‘‘implicit 

23 bias training program’’ means a program that looks at the 

24 attitudes, stereotypes, and lenses human beings develop 


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1 through various experiences in life that can unconsciously 

2 affect how they interact with one another. 

3 SEC. 3011. STOP MOTORCYCLE CHECKPOINT FUNDING. 

4 Section 4007 of the FAST Act (23 U.S.C. 153 note) 

5 is amended— 

6 (1) in paragraph (1) by striking ‘‘or’’ at the end; 

7 (2) in paragraph (2) by striking the period at 

8 the end and inserting ‘‘; or’’; and 

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

10 ‘‘(3) otherwise profile and stop motorcycle opera11 tors or motorcycle passengers using as a factor the 

12 clothing or mode of transportation of such operators 

13 or passengers.’’. 

14 SEC. 3012. ELECTRONIC DRIVER’S LICENSE. 

15 (a) REAL ID ACT.—Section 202(a)(1) of the REAL 

16 ID Act of 2005 (49 U.S.C. 30301 note) is amended by strik17 ing ‘‘a driver’s license or identification card’’ and inserting 

18 ‘‘a physical or digital driver’s license or identification 

19 card’’. 

20 (b) TITLE 18.—Section 1028(d)(7)(A) of title 18, 

21 United States Code, is amended by striking ‘‘government 

22 issued driver’s license’’ and inserting ‘‘government issued 

23 physical or digital driver’s license’’. 


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1 SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘Motorcyclist Advisory Council Reauthorization Act’’. 

4 (b) ESTABLISHMENT.—Not later than 90 days after 

5 the date of enactment of this Act, the Secretary of Transpor6 tation shall establish a Motorcyclist Advisory Council (in 

7 this section referred to as the ‘‘Council’’). 

8 (c) DUTIES.— 

9 (1) ADVISING.—The Council shall advise the Sec10 retary, the Administrator of the National Highway 

11 Traffic Safety Administration, and the Administrator 

12 of the Federal Highway Administration on transpor13 tation issues of concern to motorcyclists, including— 

14 (A) barrier design; 

15 (B) road design, construction, and mainte16 nance practices; and 

17 (C) the architecture and implementation of 

18 intelligent transportation system technologies. 

19 (2) BIENNIAL COUNCIL REPORT.— 

20 (A) IN GENERAL.—The Council shall submit 

21 a report to the Secretary containing the Coun22 cil’s recommendations regarding the issues de23 scribed in paragraph (1) on which the Council 

24 provides advice pursuant to such paragraph. 

25 (B) TIMING.—Not later than October 31 of 

26 the calendar year following the calendar year in 


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1 which the Council is established, and by every 

2 2nd October 31 thereafter, the Council shall sub3 mit the report required under this paragraph. 

4 (d) MEMBERSHIP.— 

5 (1) IN GENERAL.—The Council shall be com6 prised of 12 members appointed by the Secretary as 

7 follows: 

8 (A) Five experts from State or local govern9 ment on highway engineering issues, including— 

10 (i) barrier design; 

11 (ii) road design, construction, and 

12 maintenance; or 

13 (iii) intelligent transportation systems. 

14 (B) One State or local traffic and safety en15 gineer, design engineer, or other transportation 

16 department official who is a motorcyclist. 

17 (C) One representative from a national as18 sociation of State transportation officials. 

19 (D) One representative from a national mo20 torcyclist association. 

21 (E) One representative from a national mo22 torcyclist foundation. 

23 (F) One representative from a national mo24 torcycle manufacturing association. 


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1 (G) One roadway safety data expert on 

2 crash testing and analysis. 

3 (H) One member of a national safety orga4 nization that represents the traffic safety systems 

5 industry. 

6 (2) DURATION.— 

7 (A) TERM.—Subject to subparagraphs (B) 

8 and (C), each member shall serve one term of 2 

9 years. 

10 (B) ADDITIONAL TERMS.—If a successor is 

11 not designated for a member before the expira12 tion of the term the member is serving, the mem13 ber may serve another term. 

14 (C) APPOINTMENT OF REPLACEMENTS.—If 

15 a member resigns before serving a full 2-year 

16 term, the Secretary may appoint a replacement 

17 for such member to serve the remaining portion 

18 such term. A member may continue to serve after 

19 resignation until a successor has been appointed. 

20 A vacancy in the Council shall be filled in the 

21 manner in which the original appointment was 

22 made. 

23 (3) COMPENSATION.—Members shall serve with24 out compensation. 


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1 (e) TERMINATION.—The Council shall terminate 6 

2 years after the date of its establishment. 

3 (f) DUTIES OF THE SECRETARY.— 

4 (1) ACCEPT OR REJECT RECOMMENDATION.— 

5 (A) SECRETARY DETERMINES.—The Sec6 retary shall determine whether to accept or reject 

7 a recommendation contained in a Council re8 port. 

9 (B) TIMING.— 

10 (i) MUST ACCEPT OR REJECT.—The 

11 Secretary must indicate in each report sub12 mitted under this section the Secretary’s ac13 ceptance or rejection of each recommenda14 tion listed in such report. 

15 (ii) EXCEPTION.—The Secretary may 

16 indicate in a report submitted under this 

17 section that a recommendation is under 

18 consideration. If the Secretary does so, the 

19 Secretary must accept or reject the rec20 ommendation in the next report submitted 

21 under this section. 

22 (2) REPORT.— 

23 (A) IN GENERAL.—Not later than 60 days 

24 after the Secretary receives a Council report, the 


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1 Secretary shall submit a report to the following 

2 committees and subcommittees: 

3 (i) The Committee on Transportation 

4 and Infrastructure of the House of Rep5 resentatives. 

6 (ii) The Committee on Environment 

7 and Public Works of the Senate. 

8 (iii) The Committee on Commerce, 

9 Science, and Transportation of the Senate. 

10 (iv) The Subcommittee on Transpor11 tation, and Housing and Urban Develop12 ment, and Related Agencies of the Com13 mittee on Appropriations of the House of 

14 Representatives. 

15 (v) The Subcommittee on Transpor16 tation, and Housing and Urban Develop17 ment, and Related Agencies of the Com18 mittee on Appropriations of the Senate. 

19 (B) CONTENTS.—A report submitted under 

20 this subsection shall include— 

21 (i) a list containing— 

22 (I) each recommendation con23 tained in the Council report described 

24 in paragraph (1); and 


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1 (II) each recommendation indi2 cated as under consideration in the 

3 previous report submitted under this 

4 subsection; and 

5 (ii) for each such recommendation, 

6 whether it is accepted, rejected, or under 

7 consideration by the Secretary. 

8 (3) ADMINISTRATIVE AND TECHNICAL SUP9 PORT.—The Secretary shall provide such administra10 tive support, staff, and technical assistance to the 

11 Council as the Secretary determines to be necessary 

12 for the Council to carry out its duties. 

13 (g) DEFINITIONS.—In this section: 

14 (1) COUNCIL REPORT.—The term ‘‘Council re15 port’’ means the report described in subsection (f)(2). 

16 (2) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Transportation. 

18 SEC. 3014. REPORT ON MARIJUANA RESEARCH. 

19 (a) IN GENERAL.—Not later than 2 years after the 

20 date of enactment of this Act, the Secretary of Transpor21 tation, in consultation with the Attorney General and the 

22 Secretary of Health and Human Services, shall submit to 

23 the Committee on Transportation and Infrastructure of the 

24 House of Representatives and the Committee on Commerce, 

25 Science, and Transportation of the Senate, and make pubVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00945 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 licly available on the Department of Transportation 

2 website, a report and recommendations on— 

3 (1) increasing and improving access, for sci4 entific researchers studying impairment while driving 

5 under the influence of marijuana, to samples and 

6 strains of marijuana and products containing mari7 juana lawfully being offered to patients or consumers 

8 in a State on a retail basis; 

9 (2) establishing a national clearinghouse to col10 lect and distribute samples and strains of marijuana 

11 for scientific research that includes marijuana and 

12 products containing marijuana lawfully available to 

13 patients or consumers in a State on a retail basis; 

14 (3) facilitating access, for scientific researchers 

15 located in States that have not legalized marijuana 

16 for medical or recreational use, to samples and 

17 strains of marijuana and products containing mari18 juana from such clearinghouse for purposes of re19 search on marijuana-impaired driving; and 

20 (4) identifying Federal statutory and regulatory 

21 barriers to the conduct of scientific research and the 

22 establishment of a national clearinghouse for purposes 

23 of facilitating research on marijuana-impaired driv24 ing. 


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1 (b) DEFINITION OF MARIJUANA.—In this section, the 

2 term ‘‘marijuana’’ has the meaning given such term in sec3 tion 4008 of the FAST Act (Public Law 114–94). 

4 SEC. 3015. COMPTROLLER GENERAL STUDY ON NATIONAL 

5 DUI REPORTING. 

6 (a) IN GENERAL.—The Comptroller General of the 

7 United States shall conduct a study on the reporting of alco8 hol-impaired driving arrest and citation results into Fed9 eral databases to facilitate the widespread identification of 

10 repeat impaired driving offenders. 

11 (b) INCLUSIONS.—The study conducted under sub12 section (a) shall include a detailed assessment of— 

13 (1) the extent to which State and local criminal 

14 justice agencies are reporting alcohol-impaired driv15 ing arrest and citation results into Federal databases; 

16 (2) barriers on the Federal, State, and local lev17 els to the reporting of alcohol-impaired driving arrest 

18 and citation results into Federal databases, as well as 

19 barriers to the use of those systems by criminal justice 

20 agencies; 

21 (3) Federal, State, and local resources available 

22 to improve the reporting of alcohol-impaired driving 

23 arrest and citation results into Federal databases; 


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1 (4) recommendations for policies and programs 

2 to be carried out by the National Highway Traffic 

3 Safety Administration; and 

4 (5) recommendations for programs and grant 

5 funding to be authorized by Congress. 

6 (c) REPORT.—Not later than 1 year after the date of 

7 enactment of this Act, the Comptroller General of the United 

8 States shall submit to the appropriate committees of Con9 gress a report on the results of the study conducted under 

10 subsection (a). 

11 SEC. 3016. REPORT ON IMPAIRED DRIVING. 

12 Not later than 2 years after the date of enactment of 

13 this Act, the Secretary of Transportation, in consultation 

14 with the heads of appropriate Federal agencies, State high15 way safety offices, State toxicologists, traffic safety advo16 cates, and other interested parties, shall submit to the Com17 mittee on Commerce, Science, and Transportation of the 

18 Senate and the Committee on Transportation and Infra19 structure of the House of Representatives a report that, 

20 using the National Safety Council model guidelines for toxi21 cology testing— 

22 (1) identifies any barriers that States encounter 

23 in submitting the alcohol and drug toxicology results 

24 to the Fatality Analysis Reporting System; 


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1 (2) provides recommendations on how to address 

2 any barriers identified under paragraph (1); 

3 (3) provides further steps that the Secretary, act4 ing through the Administrator of the National High5 way Traffic Safety Administration, shall take to as6 sist States in improving— 

7 (A) toxicology testing in cases of motor ve8 hicle crashes; and 

9 (B) the reporting of alcohol and drug toxi10 cology results in cases of motor vehicle crashes. 

11 SEC. 3017. IMPAIRED DRIVING COUNTERMEASURE. 

12 (a) SENSE OF CONGRESS.—It is the sense of Congress 

13 that— 

14 (1) a priority should be placed on creating State 

15 systems, programs, and processes that improve im16 paired driving detection in cases in which alcohol, 

17 drugs, and especially multiple substances are in18 volved; 

19 (2) States and communities should have access to 

20 a broader range of countermeasures, technologies, and 

21 resources to address multiple substance impaired 

22 driving; and 

23 (3) increased Federal funding should be made 

24 available for efforts to improve public safety through 

25 the approaches described in paragraphs (1) and (2). 


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1 (b) PURPOSE.—The purpose of this section is to in2 crease national investment in, and maximize the use of, in3 novative programs and technologies to eliminate multiple 

4 substance impaired driving. 

5 (c) IMPAIRED DRIVING COUNTERMEASURES.—Section 

6 405(d) of title 23, United States Code, is amended— 

7 (1) in paragraph (4)— 

8 (A) in subparagraph (B)— 

9 (i) by striking clause (iii) and insert10 ing the following: 

11 ‘‘(iii)(I) court support of high-visi12 bility enforcement efforts; 

13 ‘‘(II) hiring criminal justice profes14 sionals, including law enforcement officers, 

15 prosecutors, traffic safety resource prosecu16 tors, judges, judicial outreach liaisons, and 

17 probation officers; 

18 ‘‘(III) training and education of the 

19 criminal justice professionals described in 

20 subclause (II) to assist those professionals in 

21 preventing impaired driving and handling 

22 impaired driving cases, including by pro23 viding compensation to a law enforcement 

24 officer to replace a law enforcement officer 

25 who is— 


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1 ‘‘(aa) receiving such drug recogni2 tion expert training; or 

3 ‘‘(bb) participating as an instruc4 tor in such drug recognition expert 

5 training; and 

6 ‘‘(IV) establishing driving while 

7 intoxicated courts;’’; 

8 (ii) by striking clauses (v) and (vi) 

9 and inserting the following: 

10 ‘‘(v) improving— 

11 ‘‘(I) blood alcohol concentration 

12 screening and testing; 

13 ‘‘(II) the detection of potentially 

14 impairing drugs, including through the 

15 use of oral fluid as a specimen; and 

16 ‘‘(III) reporting relating to the 

17 testing and detection described in sub18 clauses (I) and (II); 

19 ‘‘(vi)(I) paid and earned media in 

20 support of high-visibility enforcement ef21 forts; 

22 ‘‘(II) conducting initial and con23 tinuing— 

24 ‘‘(aa) standardized field sobriety 

25 training, advanced roadside impaired 


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1 driving enforcement training, and 

2 drug recognition expert training for 

3 law enforcement; and 

4 ‘‘(bb) law enforcement phlebotomy 

5 training; and 

6 ‘‘(III) to purchase equipment to carry 

7 out impaired driving enforcement activities 

8 authorized by this subsection;’’; 

9 (iii) in clause (ix), by striking ‘‘and’’ 

10 at the end; 

11 (iv) in clause (x), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

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

14 ‘‘(xi) testing and implementing pro15 grams and purchasing technologies to better 

16 identify, monitor, or treat impaired drivers, 

17 including— 

18 ‘‘(I) oral fluid screening tech19 nologies; 

20 ‘‘(II) electronic warrant pro21 grams; 

22 ‘‘(III) equipment to increase the 

23 scope, quantity, quality, and timeliness 

24 of forensic toxicology chemical testing; 


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1 ‘‘(IV) case management software 

2 to support the management of im3 paired driving offenders; and 

4 ‘‘(V) technology to monitor im5 paired driving offenders.’’; and 

6 (B) in subparagraph (C)— 

7 (i) in the second sentence, by striking 

8 ‘‘Medium-range’’ and inserting the fol9 lowing: 

10 ‘‘(ii) MEDIUM-RANGE AND HIGH-RANGE

11 STATES.—Subject to clause (iii), medium12 range’’; 

13 (ii) in the first sentence, by striking 

14 ‘‘Low-range’’ and inserting the following: 

15 ‘‘(i) LOW-RANGE STATES.—Subject to 

16 clause (iii), low-range’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(iii) ALL STATES.— 

20 ‘‘(I) REPORTING OF IMPAIRED

21 DRIVING CRIMINAL JUSTICE INFORMA22 TION.—A State may use grant funds 

23 for any expenditure designed to in24 crease the timely and accurate report25 ing of crash information, including 


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1 electronic crash reporting systems that 

2 allow accurate real-time or near real3 time uploading of crash information, 

4 and impaired driving criminal justice 

5 information to Federal, State, and 

6 local databases. 

7 ‘‘(II) IMPAIRED DRIVING COUN8 TERMEASURES.—A State may use 

9 grant funds for any expenditure to re10 search or evaluate impaired driving 

11 countermeasures.’’; and 

12 (2) in paragraph (7)(A), in the matter preceding 

13 clause (i), by inserting ‘‘or local’’ after ‘‘authorizes a 

14 State’’. 

15 TITLE IV—MOTOR CARRIER 

16 SAFETY 

17 Subtitle A—Motor Carrier Safety 

18 Grants, Operations, and Programs 

19 SEC. 4101. MOTOR CARRIER SAFETY GRANTS. 

20 (a) IN GENERAL.—Section 31104 of title 49, United 

21 States Code, is amended— 

22 (1) by striking subsection (a) and inserting the 

23 following: 

24 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol25 lowing sums are authorized to be appropriated from the 


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1 Highway Trust Fund (other than the Mass Transit Ac2 count): 

3 ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO4 GRAM.—Subject to paragraph (2) and subsection (c), 

5 to carry out section 31102 (except subsection (l))— 

6 ‘‘(A) $388,950,000 for fiscal year 2023; 

7 ‘‘(B) $398,700,000 for fiscal year 2024; 

8 ‘‘(C) $408,900,000 for fiscal year 2025; and 

9 ‘‘(D) $418,425,000 for fiscal year 2026. 

10 ‘‘(2) HIGH-PRIORITY ACTIVITIES PROGRAM.— 

11 Subject to subsection (c), to carry out section 

12 31102(l)— 

13 ‘‘(A) $72,604,000 for fiscal year 2023; 

14 ‘‘(B) $74,424,000 for fiscal year 2024; 

15 ‘‘(C) $76,328,000 for fiscal year 2025; and 

16 ‘‘(D) $78,106,000 for fiscal year 2026. 

17 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

18 GRANT PROGRAM.—To carry out section 31103— 

19 ‘‘(A) $1,037,200 for fiscal year 2023; 

20 ‘‘(B) $1,063,200 for fiscal year 2024; 

21 ‘‘(C) $1,090,400 for fiscal year 2025; and 

22 ‘‘(D) $1,115,800 for fiscal year 2026. 

23 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

24 IMPLEMENTATION PROGRAM.—Subject to subsection 

25 (c), to carry out section 31313— 


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1 ‘‘(A) $56,008,800 for fiscal year 2023; 

2 ‘‘(B) $57,412,800 for fiscal year 2024; 

3 ‘‘(C) $58,881,600 for fiscal year 2025; and 

4 ‘‘(D) $60,253,200 for fiscal year 2026.’’; 

5 (2) by striking subsection (c) and inserting the 

6 following: 

7 ‘‘(c) PARTNER TRAINING AND PROGRAM SUPPORT.— 

8 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

9 year, or as soon after that date as practicable, the 

10 Secretary may deduct from amounts made available 

11 under paragraphs (1), (2), and (4) of subsection (a) 

12 for that fiscal year not more than 1.8 percent of those 

13 amounts for partner training and program support 

14 in that fiscal year. 

15 ‘‘(2) USE OF FUNDS.—The Secretary shall use at 

16 least 50 percent of the amounts deducted under para17 graph (1) on training and related training materials 

18 for non-Federal Government employees. 

19 ‘‘(3) PARTNERSHIP.—The Secretary shall carry 

20 out the training and development of materials pursu21 ant to paragraph (2) in partnership with one or more 

22 nonprofit organizations, through a competitive grant, 

23 that have— 


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1 ‘‘(A) expertise in conducting a training 

2 program for non-Federal Government employees; 

3 and 

4 ‘‘(B) a demonstrated ability to involve in a 

5 training program the target population of com6 mercial motor vehicle safety enforcement employ7 ees.’’; 

8 (3) in subsection (f)— 

9 (A) in paragraph (1) by striking ‘‘the next 

10 fiscal year’’ and inserting ‘‘the following 2 fiscal 

11 years’’; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘section 31102(l)(2)’’ 

14 and inserting ‘‘paragraphs (2) and (4) of 

15 section 31102(l)’’; 

16 (ii) by striking ‘‘the next 2 fiscal 

17 years’’ and inserting ‘‘the following 3 fiscal 

18 years’’; and 

19 (C) in paragraph (3) by striking ‘‘the next 

20 4 fiscal years’’ and inserting ‘‘the following 5 fis21 cal years’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(j) TREATMENT OF REALLOCATIONS.—Amounts that 

24 are obligated and subsequently, after the date of enactment 

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1 section (i) shall not be subject to limitations on obligations 

2 provided under any other provision of law.’’. 

3 (b) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPLE4 MENTATION FINANCIAL ASSISTANCE PROGRAM.—Section 

5 31313(b) of title 49, United States Code, is amended— 

6 (1) by striking the period at the end and insert7 ing ‘‘; and’’; 

8 (2) by striking ‘‘A recipient’’ and inserting the 

9 following: ‘‘In participating in financial assistance 

10 program under this section— 

11 ‘‘(1) a recipient’’; and 

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

13 ‘‘(2) a State may not receive more than $250,000 

14 in grants under subsection (a)(2)(B) in any fiscal 

15 year— 

16 ‘‘(A) in which the State prohibits private 

17 commercial driving schools or independent com18 mercial driver’s license testing facilities from of19 fering a commercial driver’s license skills test as 

20 a third-party tester; or 

21 ‘‘(B) in which a State fails to report to the 

22 Administrator of the Federal Motor Carrier 

23 Safety Administration, during the previous fis24 cal year, the average number of days of delays 


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1 for an initial commercial driver’s license skills 

2 test or retest within the State.’’. 

3 SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND PRO4 GRAMS. 

5 (a) IN GENERAL.—Section 31110 of title 49, United 

6 States Code, is amended by striking subsection (a) and in7 serting the following: 

8 ‘‘(a) ADMINISTRATIVE EXPENSES.—There is author9 ized to be appropriated from the Highway Trust Fund 

10 (other than the Mass Transit Account) for the Secretary of 

11 Transportation to pay administrative expenses of the Fed12 eral Motor Carrier Safety Administration— 

13 ‘‘(1) $380,500,000 for fiscal year 2023; 

14 ‘‘(2) $381,500,000 for fiscal year 2024; 

15 ‘‘(3) $382,500,000 for fiscal year 2025; and 

16 ‘‘(4) $384,500,000 for fiscal year 2026.’’. 

17 (b) ADMINISTRATIVE EXPENSES.— 

18 (1) USE OF FUNDS.—The Administrator of the 

19 Federal Motor Carrier Safety Administration shall 

20 use funds made available in subsection (a) for— 

21 (A) acceleration of planned investments to 

22 modernize the Administration’s information 

23 technology and information management sys24 tems; 

25 (B) completing outstanding mandates; 


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1 (C) carrying out a Large Truck Crash 

2 Causal Factors Study of the Administration; 

3 (D) construction and maintenance of border 

4 facilities; and 

5 (E) other activities authorized under section 

6 31110(b) of title 49, United States Code. 

7 (2) DEFINITION OF OUTSTANDING MANDATE.—In 

8 this subsection, the term ‘‘outstanding mandate’’ 

9 means a requirement for the Federal Motor Carrier 

10 Safety Administration to issue regulations, undertake 

11 a comprehensive review or study, conduct a safety as12 sessment, or collect data— 

13 (A) under this Act; 

14 (B) under MAP–21 (Public Law 112–141), 

15 that has not been published in the Federal Reg16 ister, if required, or otherwise completed as of the 

17 date of enactment of this Act; 

18 (C) under the FAST Act (Public Law 114– 

19 94), that has not been published in the Federal 

20 Register, if required, or otherwise completed as of 

21 the date of enactment of this Act; and 

22 (D) under any other Act enacted before the 

23 date of enactment of this Act that has not been 

24 published in the Federal Register by the date re25 quired in such Act. 


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1 SEC. 4103. IMMOBILIZATION GRANT PROGRAM. 

2 Section 31102(l) of title 49, United States Code, is 

3 amended— 

4 (1) in paragraph (1) by striking ‘‘and (3)’’ and 

5 inserting ‘‘, (3), and (4)’’; 

6 (2) in paragraph (2)(F)(ii)(II) by inserting ‘‘, 

7 specifically including the priority activities described 

8 in paragraph (4)’’ after ‘‘required for participation’’; 

9 and 

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

11 ‘‘(4) PRIORITIZATION OF IMMOBILIZING UNSAFE

12 PASSENGER-CARRYING COMMERCIAL MOTOR VEHI13 CLES.— 

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

15 prioritize the awarding of discretionary grants 

16 to States for activities related to paragraph 

17 (2)(F)(II) for the enforcement of out of service 

18 orders if such vehicles are found to be unsafe or 

19 have violated a Federal out of service order. 

20 ‘‘(B) ELIGIBILITY.—To be eligible for a 

21 grant described under this paragraph, a State 

22 shall have the authority to require the immo23 bilization or impoundment of a passenger-car24 rying commercial motor vehicle if such vehicle is 

25 found to be unsafe or fail inspection or to have 

26 violated a Federal out of service order. 


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1 ‘‘(C) USE OF FUNDS.—Grant funds received 

2 under this paragraph may be used for— 

3 ‘‘(i) the immobilization or impound4 ment of commercial motor vehicles that are 

5 unsafe, fail inspection, or have violated a 

6 Federal out of service order; 

7 ‘‘(ii) safety inspections of vehicles de8 scribed in clause (i); 

9 ‘‘(iii) other activities related to the ac10 tivities described in clauses (i) and (ii), as 

11 determined by the Secretary. 

12 ‘‘(D) PASSENGER-CARRYING COMMERCIAL

13 MOTOR VEHICLE DEFINED.—In this paragraph, 

14 the term ‘passenger-carrying commercial motor 

15 vehicle’ has the meaning given such term in sec16 tion 31301.’’. 

17 SEC. 4104. OPERATION OF SMALL COMMERCIAL VEHICLES 

18 STUDY. 

19 (a) IN GENERAL.—Not later than 1 year after the date 

20 of enactment of this Act, the Secretary of Transportation 

21 shall initiate a review of the prevalence of, characteristics 

22 of, and safe operation of commercial vehicles that have a 

23 gross vehicle weight rating or gross vehicle weight below 

24 10,000 pounds, and are utilized in package delivery of 

25 goods moving in interstate commerce. 


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1 (b) INDEPENDENT RESEARCH.—If the Secretary de2 cides to enter into a contract with a third party to perform 

3 the research required under subsection (a), the Secretary 

4 shall— 

5 (1) solicit applications from research institutions 

6 that conduct objective, fact-based research to conduct 

7 the study; and 

8 (2) ensure that such third party does not have 

9 any financial or contractual ties with an entity en10 gaged in interstate commerce utilizing commercial ve11 hicles or commercial motor vehicles. 

12 (c) ENTITIES INCLUDED.—As part of the review, the 

13 Secretary shall collect information from a cross-section of 

14 companies that use fleets of such vehicles for package deliv15 ery in interstate commerce, including companies that— 

16 (1) directly perform deliveries; 

17 (2) use contracted entities to perform work; and 

18 (3) utilize a combination of direct deliveries and 

19 contract entities. 

20 (d) EVALUATION FACTORS.—The review shall include 

21 an evaluation of the following: 

22 (1) Fleet characteristics, including fleet struc23 ture, and vehicle miles traveled. 

24 (2) Fleet management, including scheduling of 

25 deliveries and maintenance practices. 


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1 (3) Driver employment characteristics, including 

2 the basis of compensation and classification. 

3 (4) How training, medical fitness, hours on 

4 duty, and safety of drivers is evaluated and overseen 

5 by companies, including prevention of occupational 

6 injuries and illnesses. 

7 (5) Safety performance metrics, based on data 

8 associated with the included entities, including crash 

9 rates, moving violations, failed inspections, and other 

10 related data points. 

11 (6) Financial responsibility and liability for 

12 safety or maintenance violations among companies, 

13 fleet managers, and drivers. 

14 (7) Loading and unloading practices, and how 

15 package volume and placement in the vehicle is deter16 mined. 

17 (8) Information on the use of driver safety appli18 cations, if applicable. 

19 (9) Information on work-related injury and ill20 ness data of drivers. 

21 (10) Other relevant information determined nec22 essary by the Secretary in order to make rec23 ommendations under subsection (e). 

24 (e) REPORT AND RECOMMENDATIONS.—Upon comple25 tion of the review, the Secretary shall submit to the ComVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00964 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 mittee on Transportation and Infrastructure of the House 

2 of Representatives and the Committee on Commerce of the 

3 Senate a report containing— 

4 (1) the findings of the Secretary on each of the 

5 factors in (d); 

6 (2) a list of regulations applicable to commercial 

7 motor vehicles and commercial motor vehicle opera8 tors that are not applicable to commercial vehicle op9 erations described in this section; and 

10 (3) recommendations, based on the findings, on 

11 changes to laws or regulations at the Federal, State, 

12 or local level to promote safe operations and safe and 

13 fair working conditions for commercial vehicle opera14 tors. 

15 Subtitle B—Motor Carrier Safety 

16 Oversight 

17 SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE. 

18 Section 4144 of SAFETEA–LU (49 U.S.C. 31100 

19 note) is amended— 

20 (1) in subsection (b)(1) by inserting ‘‘, including 

21 small business motor carriers’’ after ‘‘industry’’; and 

22 (2) in subsection (d) by striking ‘‘September 30, 

23 2013’’ and inserting ‘‘September 30, 2026’’. 


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1 SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY. 

2 (a) IN GENERAL.—Not later than 1 year after the date 

3 of enactment of this Act, the Secretary of Transportation 

4 shall implement a revised methodology to be used in the 

5 Compliance, Safety, Accountability program of the Federal 

6 Motor Carrier Safety Administration to identify and 

7 prioritize motor carriers for intervention, using the rec8 ommendations of the study required by section 5221(a) of 

9 the FAST Act (49 U.S.C. 31100 note). 

10 (b) DATA AVAILABILITY.—The Secretary shall, in 

11 working toward implementation of the revised methodology 

12 described in subsection (a) prioritize revisions necessary 

13 to— 

14 (1) restore the public availability of all relevant 

15 safety data under a revised methodology; and 

16 (2) make such safety data publicly available that 

17 was made publicly available on the day before the 

18 date of enactment of the FAST Act, as appropriate 

19 under a revised methodology. 

20 (c) IMPLEMENTATION.— 

21 (1) PROGRESS REPORTS.—Not later than 30 

22 days after the date of enactment of this Act, and every 

23 90 days thereafter until the date on which the Sec24 retary implements the revised methodology described 

25 in subsection (a), the Secretary shall submit to the 

26 Committee on Transportation and Infrastructure of 


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1 the House of Representatives and the Committee on 

2 Commerce, Science, and Transportation of the Senate, 

3 and make publicly available on a website of the De4 partment of Transportation, a progress report on— 

5 (A) the status of the revision of the method6 ology and related data modifications under sub7 section (a), a timeline for completion of such re8 vision, and an estimated date for implementa9 tion of such revised methodology; 

10 (B) an explanation for any delays in devel11 opment or implementation of the revised method12 ology over the reporting period; and 

13 (C) if the Secretary has not resumed mak14 ing publicly available the data described in sub15 section (b), an updated timeline for the restora16 tion of the public availability of data and a de17 tailed explanation for why such restoration has 

18 not occurred. 

19 (2) PUBLICATION AND NOTIFICATION.—Prior to 

20 commencing the use of the revised methodology de21 scribed in subsection (a) to identify and prioritize 

22 motor carriers for intervention (other than in a test23 ing capacity), the Secretary shall— 


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1 (A) publish a detailed summary of the 

2 methodology in the Federal Register and provide 

3 a period for public comment; and 

4 (B) notify the Committee on Transportation 

5 and Infrastructure of the House of Representa6 tives and the Committee on Commerce, Science, 

7 and Transportation of the Senate, in writing. 

8 (d) SAFETY FITNESS RULE.— 

9 (1) RULEMAKING.—Not later than 1 year after 

10 the date on which the Secretary notifies Congress 

11 under subsection (c)(2), the Secretary shall issue final 

12 regulations pursuant to section 31144(b) of title 49, 

13 United States Code, to revise the methodology for 

14 issuance of motor carrier safety fitness determina15 tions. 

16 (2) CONSIDERATIONS.—In issuing the regula17 tions under paragraph (1), the Secretary shall con18 sider the use of all available data to determine the fit19 ness of a motor carrier. 

20 (e) REPEAL.—Section 5223 of the FAST Act (49 

21 U.S.C. 31100 note), and the item related to such section 

22 in the table of contents in section 1(b) of such Act, are re23 pealed. 


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1 SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS. 

2 Section 31315 of title 49, United States Code, is 

3 amended— 

4 (1) in subsection (b)— 

5 (A) in paragraph (4)(A) by inserting ‘‘, in6 cluding data submission requirements,’’ after 

7 ‘‘terms and conditions’’; and 

8 (B) by striking paragraph (8) and inserting 

9 the following: 

10 ‘‘(8) TERMS AND CONDITIONS.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall es12 tablish terms and conditions for each exemption 

13 to ensure that the exemption will not likely de14 grade the level of safety achieved by the person 

15 or class of persons granted the exemption, and 

16 allow the Secretary to evaluate whether an equiv17 alent level of safety is maintained while the per18 son or class of persons is operating under such 

19 exemption, including— 

20 ‘‘(i) requiring the regular submission 

21 of accident and incident data to the Sec22 retary; 

23 ‘‘(ii) requiring immediate notification 

24 to the Secretary in the event of a crash that 

25 results in a fatality or serious bodily in26 jury; 


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1 ‘‘(iii) for exemptions granted by the 

2 Secretary related to hours of service rules 

3 under part 395 of title 49, Code of Federal 

4 Regulations, requiring that the exempt per5 son or class of persons submit to the Sec6 retary evidence of participation in a recog7 nized fatigue management plan; and 

8 ‘‘(iv) providing documentation of the 

9 authority to operate under the exemption to 

10 each exempt person, to be used to dem11 onstrate compliance if requested by a motor 

12 carrier safety enforcement officer during a 

13 roadside inspection. 

14 ‘‘(B) IMPLEMENTATION.—The Secretary 

15 shall monitor the implementation of the exemp16 tion to ensure compliance with its terms and 

17 conditions.’’; and 

18 (2) in subsection (e) by inserting ‘‘, based on an 

19 analysis of data collected by the Secretary and sub20 mitted to the Secretary under subsection (b)(8)’’ after 

21 ‘‘safety’’. 

22 SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PAS23 SENGERS. 

24 Section 31144(i) of title 49, United States Code, is 

25 amended— 


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1 (1) in paragraph (1)— 

2 (A) in subparagraph (A) by striking ‘‘who 

3 the Secretary registers under section 13902 or 

4 31134’’; and 

5 (B) in subparagraph (B) by inserting ‘‘to 

6 motor carriers of passengers and’’ after ‘‘apply’’; 

7 and 

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

9 ‘‘(5) MOTOR CARRIER OF PASSENGERS DE10 FINED.—In this subsection, the term ‘motor carrier of 

11 passengers’ includes an offeror of motorcoach services 

12 that sells scheduled transportation of passengers for 

13 compensation at fares and on schedules and routes de14 termined by such offeror, regardless of ownership or 

15 control of the vehicles or drivers used to provide the 

16 transportation by motorcoach.’’. 

17 SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES. 

18 Section 13506(b) of title 49, United States Code, is 

19 amended— 

20 (1) in paragraph (2) by striking ‘‘or’’ at the end; 

21 (2) in paragraph (3) by striking the period at 

22 the end and inserting ‘‘; or’’; and 

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

24 ‘‘(4) transportation by a motor vehicle designed 

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1 cluding the driver), whether operated alone or with a 

2 trailer attached for the transport of recreational 

3 equipment, that is operated by a person that provides 

4 recreational activities if— 

5 ‘‘(A) the transportation is provided within 

6 a 150 air-mile radius of the location where pas7 sengers are boarded; and 

8 ‘‘(B) the person operating the motor vehicle, 

9 if transporting passengers over a route between 

10 a place in a State and a place in another State, 

11 is otherwise lawfully providing transportation of 

12 passengers over the entire route in accordance 

13 with applicable State law.’’. 

14 SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO 

15 TRANSPORTATION OF HOUSEHOLD GOODS IN 

16 INTERSTATE COMMERCE. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ADMINISTRATION.—The term ‘‘Administra19 tion’’ means the Federal Motor Carrier Safety Ad20 ministration. 

21 (2) COVERED CARRIER.—The term ‘‘covered car22 rier’’ means a motor carrier that is— 

23 (A) engaged in the interstate transportation 

24 of household goods; and 


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1 (B) subject to the requirements of part 375 

2 of title 49, Code of Federal Regulations (as in ef3 fect on the effective date of the amendments re4 quired by subsection (b)). 

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

6 the Secretary of Transportation. 

7 (b) AMENDMENTS TO REGULATIONS.—Not later than 

8 1 year after the date of enactment of this Act, the Secretary 

9 shall issue a notice of proposed rulemaking to amend regu10 lations related to the interstate transportation of household 

11 goods. 

12 (c) CONSIDERATIONS.—In issuing the notice of pro13 posed rulemaking under subsection (b), the Secretary shall 

14 consider the following recommended amendments to provi15 sions of title 49, Code of Federal Regulations: 

16 (1) Section 375.207(b) to require each covered 

17 carrier to include on the website of the covered carrier 

18 a link— 

19 (A) to the publication of the Administration 

20 titled ‘‘Ready to Move–Tips for a Successful 

21 Interstate Move’’ (ESA 03005) on the website of 

22 the Administration; or 

23 (B) to a copy of the publication referred to 

24 in subparagraph (A) on the website of the cov25 ered carrier. 


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1 (2) Subsections (a) and (b)(1) of section 375.213 

2 to require each covered carrier to provide to each in3 dividual shipper, with any written estimate provided 

4 to the shipper, a copy of the publication described in 

5 appendix A of part 375 of such title, entitled ‘‘Your 

6 Rights and Responsibilities When You Move’’ (ESA– 

7 03–006 (or a successor publication)), in the form of 

8 a written copy or a hyperlink on the website of the 

9 covered carrier to the location on the website of the 

10 Administration containing such publication. 

11 (3) Subsection (e) of section 375.213, to repeal 

12 such subsection. 

13 (4) Section 375.401(a), to require each covered 

14 carrier— 

15 (A) to conduct a visual survey of the house16 hold goods to be transported by the covered car17 rier— 

18 (i) in person; or 

19 (ii) virtually, using— 

20 (I) a remote camera; or 

21 (II) another appropriate tech22 nology; 

23 (B) to offer a visual survey described in 

24 subparagraph (A) for all household goods ship25 ments, regardless of the distance between— 


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1 (i) the location of the household goods; 

2 and 

3 (ii) the location of the agent of the cov4 ered carrier preparing the estimate; and 

5 (C) to provide to each shipper a copy of 

6 publication of the Administration titled ‘‘Ready 

7 to Move–Tips for a Successful Interstate Move’’ 

8 (ESA 03005) on receipt from the shipper of a re9 quest to schedule, or a waiver of, a visual survey 

10 offered under subparagraph (B). 

11 (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), 

12 and 375.405(b)(7)(ii), and subpart D of appendix A 

13 of part 375, to require that, in any case in which a 

14 shipper tenders any additional item or requests any 

15 additional service prior to loading a shipment, the af16 fected covered carrier shall— 

17 (A) prepare a new estimate; and 

18 (B) maintain a record of the date, time, 

19 and manner in which the new estimate was ac20 cepted by the shipper. 

21 (6) Section 375.501(a), to establish that a cov22 ered carrier is not required to provide to a shipper 

23 an order for service if the covered carrier elects to pro24 vide the information described in paragraphs (1) 

25 through (15) of such section in a bill of lading that 


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1 is presented to the shipper before the covered carrier 

2 receives the shipment. 

3 (7) Subpart H of part 375, to replace the replace 

4 the terms ‘‘freight bill’’ and ‘‘expense bill’’ with the 

5 term ‘‘invoice’’. 

6 SEC. 4207. BROKER GUIDANCE. 

7 (a) IN GENERAL.—Not later than 1 year after the date 

8 of enactment of this Act, the Secretary of Transportation 

9 shall issue guidance to clarify the definitions of the terms 

10 ‘‘broker’’ and ‘‘bona fide agents’’ under part 371 of title 

11 49, Code of Federal Regulations. 

12 (b) CONSIDERATIONS.—In issuing the guidance under 

13 subsection (a), the Secretary shall consider the extent to 

14 which technology has changed the nature of freight broker15 age, the role of bona fide agents, and other aspects of the 

16 freight transportation industry. 

17 (c) DISPATCH SERVICES.—In issuing the guidance 

18 under subsection (a), the Secretary shall, at a minimum— 

19 (1) examine the role of a dispatch service in the 

20 transportation industry; 

21 (2) examine the extent to which dispatch services 

22 could be considered brokers or bona fide agents; and 

23 (3) clarify the level of financial penalties for un24 authorized brokerage activities under section 14916 of 


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1 title 49, United States Code, applicable to a dispatch 

2 service. 

3 Subtitle C—Commercial Motor 

4 Vehicle Driver Safety 

5 SEC. 4301. COMMERCIAL DRIVER’S LICENSE FOR PAS6 SENGER CARRIERS. 

7 Section 31301 of title 49, United States Code, is 

8 amended— 

9 (1) in paragraph (4)— 

10 (A) in subparagraph (B) by striking ‘‘or’’; 

11 (B) by redesignating subparagraph (C) as 

12 subparagraph (D); and 

13 (C) by inserting after subparagraph (B) the 

14 following: 

15 ‘‘(C) is designed or used as a stretch lim16 ousine; or’’; 

17 (2) by redesignating paragraph (15) as para18 graph (16); and 

19 (3) by inserting after paragraph (14) the fol20 lowing: 

21 ‘‘(15) ‘stretch limousine’ means any sedan or 

22 sports utility vehicle that— 

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1 turer through an extended chassis, lengthened 

2 wheelbase, or an elongated seating area; 

3 ‘‘(B) as modified, has a seating capacity of 

4 more than 8 passengers (including the driver); 

5 ‘‘(C) is used under trip-by-trip contracts for 

6 the transportation of passengers for compensa7 tion on a prearranged basis; and 

8 ‘‘(D) is not used for public transportation 

9 service, as such term is defined in section 5302;’’. 

10 SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TEST11 ING. 

12 Section 31306(c)(2) of title 49, United States Code, is 

13 amended by striking ‘‘, for urine testing,’’. 

14 SEC. 4303. ENTRY-LEVEL DRIVER TRAINING. 

15 Not later than 30 days after the date of enactment of 

16 this Act, and every 90 days thereafter until the compliance 

17 date for the final rule published on December 8, 2016, titled 

18 ‘‘Minimum Training Requirements for Entry-Level Com19 mercial Motor Vehicle Operators’’ (81 Fed. Reg. 88732), the 

20 Secretary shall submit to the Committee on Transportation 

21 and Infrastructure of the House of Representatives and the 

22 Committee on Commerce, Science, and Transportation of 

23 the Senate a report on— 


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1 (1) a schedule, including benchmarks, to com2 plete implementation of the requirements under such 

3 final rule; 

4 (2) any anticipated delays, if applicable, in 

5 meeting the benchmarks described in paragraph (1); 

6 (3) the progress that the Secretary has made in 

7 updating the Department of Transportation’s infor8 mation technology infrastructure to support the train9 ing provider registry; 

10 (4) a list of States that have adopted laws or 

11 regulations to implement such final rule; and 

12 (5) a list of States, if applicable, that are imple13 menting the rule and confirming that an applicant 

14 for a commercial driver’s license has complied with 

15 the requirements. 

16 SEC. 4304. DRIVER DETENTION TIME. 

17 (a) DATA COLLECTION.—Not later than 30 days after 

18 the date of enactment of this Act, the Secretary shall— 

19 (1) begin to collect data on delays experienced by 

20 operators of commercial motor vehicles, as required 

21 under section 5501 of the FAST Act (49 U.S.C. 14103 

22 note) and as referenced in the request for information 

23 published on June 10, 2019, titled ‘‘Request for Infor24 mation Concerning Commercial Motor Vehicle Driver 


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1 Detention Times During Loading and Unloading’’ 

2 (84 Fed. Reg. 26932); and 

3 (2) make such data available on a publicly ac4 cessible website of the Department of Transportation. 

5 (b) DETENTION TIME LIMITS.— 

6 (1) RULEMAKING.—Not later than 1 year after 

7 the date of enactment of this Act, the Secretary shall 

8 initiate a rulemaking to establish limits on the 

9 amount of time that an operator of a commercial 

10 motor vehicle may be reasonably detained by a ship11 per or receiver before the loading or unloading of the 

12 vehicle, if the operator is not compensated for such 

13 time detained. 

14 (2) CONTENTS.—As part of the rulemaking con15 ducted pursuant to subsection (a), the Secretary 

16 shall— 

17 (A) consider the diverse nature of operations 

18 in the movement of goods by commercial motor 

19 vehicle; 

20 (B) examine any correlation between time 

21 detained and violations of the hours-of-service 

22 rules under part 395 of title 49, Code of Federal 

23 Regulations; 

24 (C) determine whether the effect of detention 

25 time on safety differs based on— 


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1 (i) how an operator is compensated; 

2 and 

3 (ii) the contractual relationship be4 tween the operator and the motor carrier, 

5 including whether an operator is an em6 ployee, a leased owner-operator, or an 

7 owner-operator with independent authority; 

8 and 

9 (D) establish a process for a motor carrier, 

10 shipper, receiver, broker, or commercial motor 

11 vehicle operator to report instances of time de12 tained beyond the Secretary’s established limits. 

13 (3) INCORPORATION OF INFORMATION.—The Sec14 retary shall incorporate information received under 

15 paragraph (2)(D) into the process established pursu16 ant to subsection (a) once a final rule takes effect. 

17 (c) DATA PROTECTION.—Data made available pursu18 ant to this section shall be made available in a manner 

19 that— 

20 (1) precludes the connection of the data to any 

21 individual motor carrier or commercial motor vehicle 

22 operator; and 

23 (2) protects privacy and confidentiality of indi24 viduals, operators, and motor carriers submitting the 

25 data. 


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1 (d) COMMERCIAL MOTOR VEHICLE DEFINED.—In this 

2 section, the term ‘‘commercial motor vehicle’’ has the mean3 ing given such term in section 31101 of title 49, United 

4 States Code. 

5 SEC. 4305. TRUCK LEASING TASK FORCE. 

6 (a) ESTABLISHMENT.—Not later than 6 months after 

7 the date of enactment of this Act, the Secretary of Transpor8 tation, in consultation with the Secretary of Labor, shall 

9 establish a Truck Leasing Task Force (hereinafter referred 

10 to as the ‘‘Task Force’’). 

11 (b) MEMBERSHIP.—The Secretary of Transportation 

12 shall select not more than 15 individuals to serve as mem13 bers of the Task Force, including equal representation from 

14 each of the following: 

15 (1) Labor organizations. 

16 (2) The motor carrier industry, including inde17 pendent owner-operators. 

18 (3) Consumer protection groups. 

19 (4) Safety groups. 

20 (5) Members of the legal profession who spe21 cialize in consumer finance issues. 

22 (c) DUTIES.—The Task Force shall examine, at a min23 imum— 


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1 (1) common truck leasing arrangements avail2 able to property-carrying commercial motor vehicle 

3 drivers, including lease-purchase agreements; 

4 (2) the terms of such leasing agreements; 

5 (3) the prevalence of predatory leasing agree6 ments in the motor carrier industry; 

7 (4) specific agreements available to drayage driv8 ers at ports related to the Clean Truck Program or 

9 similar programs to decrease emissions from port op10 erations; 

11 (5) the impact of truck leasing agreements on the 

12 net compensation of property-carrying commercial 

13 motor vehicle drivers, including port drayage drivers; 

14 (6) resources to assist property-carrying commer15 cial motor vehicle drivers in assessing the impacts of 

16 leasing agreements; and 

17 (7) the classification of property-carrying com18 mercial motor vehicle drivers under lease-purchase 

19 agreements. 

20 (d) COMPENSATION.—A member of the Task Force 

21 shall serve without compensation. 

22 (e) REPORT.—Upon completion of the examination de23 scribed in subsection (c), the Task Force shall submit to the 

24 Secretary of Transportation, Secretary of Labor, and ap25 propriate congressional committees a report containing— 


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1 (1) the findings of the Task Force on the matters 

2 described in subsection (c); 

3 (2) best practices related to— 

4 (A) assisting a commercial motor vehicle 

5 driver in assessing the impacts of leasing agree6 ments prior to entering into such agreements; 

7 and 

8 (B) assisting a commercial motor vehicle 

9 driver who has entered into a predatory lease 

10 agreement; and 

11 (3) recommendations on changes to laws or regu12 lations, as applicable, at the Federal, State, or local 

13 level to promote fair leasing agreements under which 

14 a commercial motor vehicle driver is able to earn a 

15 living wage. 

16 (f) TERMINATION.—Not later than 1 month after the 

17 date of submission of the report pursuant to subsection (e), 

18 the Task Force shall terminate. 

19 SEC. 4306. HOURS OF SERVICE. 

20 (a) COMPREHENSIVE REVIEW.— 

21 (1) COMPREHENSIVE REVIEW OF HOURS OF

22 SERVICE RULES.—Not later than 60 days after the 

23 date of enactment of this Act, the Secretary shall ini24 tiate a comprehensive review of hours of service rules 


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1 and the impacts of waivers, exemptions, and other al2 lowances that limit the applicability of such rules. 

3 (2) CHANGES TO REGULATIONS.—In carrying 

4 out the comprehensive review under paragraph (1) 

5 and the required analyses under paragraphs (3) and 

6 (4), the Secretary shall consider the modifications 

7 made in the final rule published on June 1, 2020, ti8 tled ‘‘Hours of Service of Drivers’’ (85 Fed. Reg. 

9 33396) and evaluate the impacts of the allowance to 

10 operate in excess of the limits in effect prior to June 

11 1, 2020. 

12 (3) LIST OF EXEMPTIONS.—In carrying out the 

13 comprehensive review required under paragraph (1), 

14 the Secretary shall— 

15 (A) compile a list of waivers, exemptions, 

16 and other allowances— 

17 (i) under which a driver may operate 

18 in excess of the otherwise applicable limits 

19 on on-duty or driving time in absence of 

20 such exemption, waiver, or other allowance; 

21 (ii) under which a driver may operate 

22 without recording compliance with hours of 

23 service rules through the use of an electronic 

24 logging device; and 

25 (iii) applicable— 


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1 (I) to specific segments of the 

2 motor carrier industry or sectors of the 

3 economy; 

4 (II) on a periodic or seasonal 

5 basis; and 

6 (III) to specific types of oper7 ations, including the short haul exemp8 tion under part 395 of title 49, Code of 

9 Federal Regulations; 

10 (B) specify whether each such waiver, ex11 emption, or other allowance was granted by the 

12 Department of Transportation or enacted by 

13 Congress, and how long such waiver, exemption, 

14 or other allowance has been in effect; and 

15 (C) estimate the number of motor carriers, 

16 motor private carriers, and drivers that may 

17 qualify to use each waiver, exemption, or other 

18 allowance. 

19 (4) SAFETY IMPACT ANALYSIS.— 

20 (A) IN GENERAL.—In carrying out the com21 prehensive review under paragraph (1), the Sec22 retary, in consultation with State motor carrier 

23 enforcement entities, shall undertake a statis24 tically valid analysis to determine the safety im25 pact, including on enforcement, of the exempVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00986 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 tions, waivers, or other allowances compiled 

2 under paragraph (2) by— 

3 (i) using available data, or collecting 

4 from motor carriers or motor private car5 riers and drivers operating under an ex6 emption, waiver, or other allowance if the 

7 Secretary does not have sufficient data, to 

8 determine the incidence of accidents, fa9 tigue-related incidents, and other relevant 

10 safety information related to hours of serv11 ice among motor carriers, private motor 

12 carriers, and drivers permitted to operate 

13 under each exemption, waiver, or other al14 lowance; 

15 (ii) comparing the data described in 

16 subparagraph (A) to safety data from motor 

17 carriers, motor private carriers, and drivers 

18 that are subject to the hours of service rules 

19 and not operating under an exemption, 

20 waiver, or other allowance; and 

21 (iii) based on the comparison under 

22 subparagraph (B), determining whether 

23 waivers, exemptions, and other allowances 

24 in effect provide an equivalent level of safety 


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1 as would exist in the absence of exemptions, 

2 waivers, or other allowances. 

3 (B) CONSULTATION.—The Secretary shall 

4 consult with State motor carrier enforcement en5 tities in carrying out this paragraph. 

6 (C) EXCLUSIONS.—The Secretary shall ex7 clude data related to exemptions, waivers, or 

8 other allowances made pursuant to an emergency 

9 declaration under section 390.23 of title 49, Code 

10 of Federal Regulations, or extended under section 

11 390.25 of title 49, Code of Federal Regulations, 

12 from the analysis required under this paragraph. 

13 (5) DRIVER IMPACT ANALYSIS.—In carrying out 

14 the comprehensive review under paragraph (1), the 

15 Secretary shall further consider— 

16 (A) data on driver detention collected by the 

17 Secretary pursuant to section 4304 of this Act 

18 and other conditions affecting the movement of 

19 goods by commercial motor vehicle, and how 

20 such conditions interact with the Secretary’s reg21 ulations on hours of service; 

22 (B) whether exemptions, waivers, or other 

23 allowances that permit additional on-duty time 

24 or driving time have a deleterious effect on the 

25 physical condition of drivers; and 


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1 (C) whether differences in the manner in 

2 which drivers are compensated result in different 

3 levels of burden for drivers in complying with 

4 hours of service rules. 

5 (b) PEER REVIEW.—Prior to the publication of the re6 view required under subsection (d), the analyses performed 

7 by the Secretary shall undergo an independent peer review. 

8 (c) PUBLICATION.—Not later than 18 months after the 

9 date that the Secretary initiates the comprehensive review 

10 under subsection (b)(1), the Secretary shall publish the find11 ings of such review in the Federal Register and provide for 

12 a period for public comment. 

13 (d) REPORT TO CONGRESS.—Not later than 30 days 

14 after the conclusion of the public comment period under 

15 subsection (d), the Secretary shall submit to the Committee 

16 on Commerce, Science, and Transportation and the Com17 mittee on Environment and Public Works of the Senate and 

18 the Committee on Transportation and Infrastructure of the 

19 House of Representatives and make publicly available on 

20 a website of the Department of Transportation a report con21 taining the information and analyses required under sub22 section (b). 

23 (e) REPLACEMENT OF GUIDANCE.—Not later than 1 

24 year after the date of enactment of this Act, the Secretary 

25 shall initiate a rulemaking to update the Department of 


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1 Transportation guidance published on June 7, 2018, titled 

2 ‘‘Hours of Service of Drivers of Commercial Motor Vehicles: 

3 Regulatory Guidance Concerning the Use of a Commercial 

4 Motor Vehicle for Personal Conveyance’’ (83 Fed. Reg. 

5 26377) to prescribe specific mileage or time limits, or both, 

6 for the use of personal conveyance. 

7 (f) DEFINITIONS.—In this section: 

8 (1) MOTOR CARRIER; MOTOR PRIVATE CAR9 RIER.—The terms ‘‘motor carrier’’ and ‘‘motor pri10 vate carrier’’ have the meanings given such terms in 

11 section 31501 of title 49, United States Code. 

12 (2) ON-DUTY TIME; DRIVING TIME; ELECTRONIC

13 LOGGING DEVICE.—The terms ‘‘on-duty time’’, ‘‘driv14 ing time’’, and ‘‘electronic logging device’’ have the 

15 meanings given such terms in section 395.2 of title 

16 49, Code of Federal Regulations (as in effect on June 

17 1, 2020). 

18 SEC. 4307. DRIVER RECRUITMENT. 

19 (a) IN GENERAL.—Not later than 1 year after the date 

20 of enactment of this Act, the inspector general of the Depart21 ment of Transportation shall submit to the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives and the Committee on Commerce, Science, and 

24 Transportation of the Senate a report examining the oper25 ation of commercial motor vehicles in the United States by 


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1 drivers admitted to the United States under temporary 

2 business visas. 

3 (b) CONTENTS.—The report under paragraph (1) shall 

4 include— 

5 (1) an assessment of— 

6 (A) the prevalence of the operation of com7 mercial motor vehicles in the United States by 

8 drivers admitted to the United States under tem9 porary business visas; 

10 (B) the characteristics of motor carriers 

11 that recruit and use such drivers, including the 

12 country of domicile of the motor carrier or sub13 sidiary; 

14 (C) the demographics of drivers operating 

15 in the United States under such visas, including 

16 the country of domicile of such drivers; and 

17 (D) the contractual relationship between 

18 such motor carriers and such drivers; 

19 (2) an analysis of whether such drivers are re20 quired to comply with— 

21 (A) motor carrier safety regulations under 

22 subchapter B of chapter III of title 49, Code of 

23 Federal Regulations, including— 


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1 (i) the English proficiency requirement 

2 under section 391.11(2) of title 49, Code of 

3 Federal Regulations; 

4 (ii) the requirement for drivers of a 

5 motor carrier to report any violations of a 

6 regulation to such motor carrier under sec7 tion 391.27 of title 49, Code of Federal Reg8 ulations; and 

9 (iii) driver’s licensing requirements 

10 under part 383 of title 49, Code of Federal 

11 Regulations, including entry-level driver 

12 training and drug and alcohol testing under 

13 part 382 of such title; and 

14 (B) regulations prohibiting point-to-point 

15 transportation in the United States, or cabotage, 

16 under part 365 of title 49, Code of Federal Regu17 lations; 

18 (3) an evaluation of the safety record of the oper19 ations and drivers described in paragraph (1), in20 cluding— 

21 (A) violations of the motor carrier safety 

22 regulations under subchapter B of chapter III of 

23 title 49, Code of Federal Regulations, including 

24 applicable requirements described in paragraph 

25 (2)(A); and 


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1 (B) the number of crashes involving such 

2 operations and drivers; and 

3 (4) the impact of such operations and drivers 

4 on— 

5 (A) commercial motor vehicle drivers domi6 ciled in the United States, including employment 

7 levels and driver compensation of such drivers; 

8 and 

9 (B) the competitiveness of motor carriers 

10 domiciled in the United States. 

11 (c) DEFINITIONS.—In this section: 

12 (1) COMMERCIAL MOTOR VEHICLE.—In this sec13 tion, the term ‘‘commercial motor vehicle’’ has the 

14 meaning given such term in section 31101 of title 49, 

15 United States Code. 

16 (2) TEMPORARY BUSINESS VISA.—The term 

17 ‘‘temporary business visa’’ means any driver who is 

18 present in the United States with status under section 

19 101(a)(15)(H)(i)(b) of the Immigration and Nation20 ality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)). 

21 SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA. 

22 (a) IN GENERAL.—Not later than 1 year after the date 

23 of enactment of this Act, the Secretary of Transportation 

24 shall— 


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1 (1) assess the risk posed by untreated obstructive 

2 sleep apnea in drivers of commercial motor vehicles 

3 and the feasibility, benefits, and costs associated with 

4 establishing screening criteria for obstructive sleep 

5 apnea in drivers of commercial motor vehicles; 

6 (2) issue a notice in the Federal Register con7 taining the independently peer-reviewed findings of 

8 the assessment required under paragraph (1) not later 

9 than 30 days after completion of the assessment and 

10 provide an opportunity for public comment; and 

11 (3) if the Secretary contracts with an inde12 pendent third party to conduct the assessment re13 quired under paragraph (1), ensure that the inde14 pendent third party shall not have any financial or 

15 contractual ties or relationship with a motor carrier 

16 that transports passengers or property for compensa17 tion, the motor carrier industry, or driver advocacy 

18 organizations. 

19 (b) SCREENING CRITERIA.— 

20 (1) IN GENERAL.—Not later than 12 months 

21 after the date of enactment of this Act, the Secretary 

22 shall publish in the Federal Register a proposed rule 

23 to establish screening criteria for obstructive sleep 

24 apnea in commercial motor vehicle drivers and pro25 vide an opportunity for public comment. 


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1 (2) FINAL RULE.—Not later than 2 years after 

2 the date of enactment of this Act, the Secretary shall 

3 issue a final rule to establish screening criteria for ob4 structive sleep apnea in commercial motor vehicle 

5 drivers. 

6 (c) COMMERCIAL MOTOR VEHICLE DEFINED.—In this 

7 section, the term ‘‘commercial motor vehicle’’ has the mean8 ing given such term in section 31132 of title 49, United 

9 States Cod 

10 SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD. 

11 (a) SHORT TITLE.—This section may be cited as the 

12 ‘‘Promoting Women in Trucking Workforce Act’’. 

13 (b) FINDINGS.—Congress finds that— 

14 (1) women make up 47 percent of the workforce 

15 of the United States; 

16 (2) women are significantly underrepresented in 

17 the trucking industry, holding only 24 percent of all 

18 transportation and warehousing jobs and representing 

19 only— 

20 (A) 6.6 percent of truck drivers; 

21 (B) 12.5 percent of all workers in truck 

22 transportation; and 

23 (C) 8 percent of freight firm owners; 


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1 (3) given the total number of women truck driv2 ers, women are underrepresented in the truck-driving 

3 workforce; and 

4 (4) women truck drivers have been shown to be 

5 20 percent less likely than male counterparts to be in6 volved in a crash. 

7 (c) SENSE OF CONGRESS REGARDING WOMEN IN

8 TRUCKING.—It is the sense of Congress that the trucking 

9 industry should explore every opportunity, including driver 

10 training and mentorship programs, to encourage and sup11 port the pursuit of careers in trucking by women. 

12 (d) ESTABLISHMENT.—To encourage women to enter 

13 the field of trucking, the Administrator shall establish and 

14 facilitate an advisory board, to be known as the ‘‘Women 

15 of Trucking Advisory Board’’, to promote organizations and 

16 programs that— 

17 (1) provide education, training, mentorship, or 

18 outreach to women in the trucking industry; and 

19 (2) recruit women into the trucking industry. 

20 (e) MEMBERSHIP.— 

21 (1) IN GENERAL.—The Board shall be composed 

22 of not fewer than seven members whose backgrounds 

23 allow those members to contribute balanced points of 

24 view and diverse ideas regarding the strategies and 

25 objectives described in subsection (f)(2). 


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1 (2) APPOINTMENT.—Not later than 270 days 

2 after the date of enactment of this Act, the Adminis3 trator shall appoint the members of the Board, of 

4 whom— 

5 (A) not fewer than one shall be a represent6 ative of large trucking companies; 

7 (B) not fewer than one shall be a represent8 ative of mid-sized trucking companies; 

9 (C) not fewer than one shall be a represent10 ative of small trucking companies; 

11 (D) not fewer than one shall be a represent12 ative of nonprofit organizations in the trucking 

13 industry; 

14 (E) not fewer than one shall be a represent15 ative of trucking business associations; 

16 (F) not fewer than one shall be a represent17 ative of independent owner-operators; and 

18 (G) not fewer than one shall be a woman 

19 who is a professional truck driver. 

20 (3) TERMS.—Each member shall be appointed 

21 for the life of the Board. 

22 (4) COMPENSATION.—A member of the Board 

23 shall serve without compensation. 

24 (f) DUTIES.— 

25 (1) IN GENERAL.—The Board shall identify— 


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1 (A) industry trends that directly or indi2 rectly discourage women from pursuing careers 

3 in trucking, including— 

4 (i) any differences between women mi5 nority groups; 

6 (ii) any differences between women 

7 who live in rural, suburban, and urban 

8 areas; and 

9 (iii) any safety risks unique to the 

10 trucking industry; 

11 (B) ways in which the functions of trucking 

12 companies, nonprofit organizations, and truck13 ing associations may be coordinated to facilitate 

14 support for women pursuing careers in trucking; 

15 (C) opportunities to expand existing oppor16 tunities for women in the trucking industry; and 

17 (D) opportunities to enhance trucking 

18 training, mentorship, education, and outreach 

19 programs that are exclusive to women. 

20 (2) REPORT.—Not later than 18 months after the 

21 date of enactment of this Act, the Board shall submit 

22 to the Administrator a report describing strategies 

23 that the Administrator may adopt— 

24 (A) to address any industry trends identi25 fied under paragraph (1)(A); 


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1 (B) to coordinate the functions of trucking 

2 companies, nonprofit organizations, and truck3 ing associations in a manner that facilitates 

4 support for women pursuing careers in trucking; 

5 (C) to— 

6 (i) take advantage of any opportunities 

7 identified under paragraph (1)(C); and 

8 (ii) create new opportunities to expand 

9 existing scholarship opportunities for 

10 women in the trucking industry; and 

11 (D) to enhance trucking training, 

12 mentorship, education, and outreach programs 

13 that are exclusive to women. 

14 (g) REPORT TO CONGRESS.— 

15 (1) IN GENERAL.—Not later than 2 years after 

16 the date of enactment of this Act, the Administrator 

17 shall submit to the Committee on Commerce, Science, 

18 and Transportation of the Senate and the Committee 

19 on Transportation and Infrastructure of the House of 

20 Representatives a report describing— 

21 (A) any strategies recommended by the 

22 Board under subsection (f)(2); and 

23 (B) any actions taken by the Administrator 

24 to adopt the strategies recommended by the 


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1 Board (or an explanation of the reasons for not 

2 adopting the strategies). 

3 (2) PUBLIC AVAILABILITY.—The Administrator 

4 shall make the report under paragraph (1) publicly 

5 available— 

6 (A) on the website of the Federal Motor Car7 rier Safety Administration; and 

8 (B) in appropriate offices of the Federal 

9 Motor Carrier Safety Administration. 

10 (h) TERMINATION.—The Board shall terminate on sub11 mission of the report to Congress under subsection (g). 

12 (i) DEFINITIONS.—In this section: 

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Federal Motor 

15 Carrier Safety Administration. 

16 (2) BOARD.—The term ‘‘Board’’ means the 

17 Women of Trucking Advisory Board established under 

18 subsection (d). 

19 (3) LARGE TRUCKING COMPANY.—The term 

20 ‘‘large trucking company’’ means a motor carrier (as 

21 defined in section 13102 of title 49, United States 

22 Code) with an annual revenue greater than 

23 $1,000,000,000. 

24 (4) MID-SIZED TRUCKING COMPANY.—The term 

25 ‘‘mid-sized trucking company’’ means a motor carrier 


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1 (as defined in section 13102 of title 49, United States 

2 Code) with an annual revenue of not less than 

3 $35,000,000 and not greater than $1,000,000,000. 

4 (5) SMALL TRUCKING COMPANY.—The term 

5 ‘‘small trucking company’’ means a motor carrier (as 

6 defined in section 13102 of title 49, United States 

7 Code) with an annual revenue less than $35,000,000. 

8 SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE 

9 SAFETY. 

10 (a) DEFINITION.—Section 31301(14) of title 49, 

11 United States Code, is amended— 

12 (1) by striking ‘‘and’’ and inserting a comma; 

13 and 

14 (2) by inserting ‘‘, and Puerto Rico’’ before the 

15 period. 

16 (b) IMPLEMENTATION.—The Administrator of the Fed17 eral Motor Carrier Safety Administration shall work with 

18 the Commonwealth of Puerto Rico on obtaining full compli19 ance with chapter 313 of title 49, United States Code, and 

20 regulations adopted under that chapter. 

21 (c) GRACE PERIOD.—Notwithstanding section 

22 31311(a) of title 49, United States Code, during a 5-year 

23 period beginning on the date of enactment of this Act, the 

24 Commonwealth of Puerto Rico shall not be subject to a with25 holding of an apportionment of funds under paragraphs (1) 


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1 and (2) of section 104(b) of title 23, United States Code, 

2 for failure to comply with any requirement under section 

3 31311(a) of title 49, United States Code. 

4 SEC. 4311. USE OF DATA. 

5 Section 31137(e) of title 49, United States Code, is 

6 amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘only’’; and 

9 (B) by striking ‘‘, including record-of-duty 

10 status regulations’’ and inserting ‘‘and to con11 duct transportation research utilizing such 

12 data’’; 

13 (2) in paragraph (2) by striking ‘‘to enforce the 

14 regulations referred to in’’ and inserting ‘‘for pur15 poses authorized under’’; and 

16 (3) by amending paragraph (3) to read as fol17 lows: 

18 ‘‘(3) RESEARCH DATA.—The Secretary shall in19 stitute appropriate measures to protect the privacy of 

20 individuals, operators, and motor carriers when data 

21 obtained from an electronic logging device is used for 

22 research pursuant to this section and such research is 

23 made available to the public.’’. 


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1 Subtitle D—Commercial Motor 

2 Vehicle and Schoolbus Safety 

3 SEC. 4401. SCHOOLBUS SAFETY STANDARDS. 

4 (a) SCHOOLBUS SEATBELTS.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, the Secretary shall 

7 issue a notice of proposed rulemaking to consider re8 quiring large schoolbuses to be equipped with safety 

9 belts for all seating positions, if the Secretary deter10 mines that such standards meet the requirements and 

11 considerations set forth in subsections (a) and (b) of 

12 section 30111 of title 49, United States Code. 

13 (2) CONSIDERATIONS.—In issuing a notice of 

14 proposed rulemaking under paragraph (1), the Sec15 retary shall consider— 

16 (A) the safety benefits of a lap/shoulder belt 

17 system (also known as a Type 2 seatbelt assem18 bly); 

19 (B) the investigations and recommendations 

20 of the National Transportation Safety Board on 

21 seatbelts in schoolbuses; 

22 (C) existing experience, including analysis 

23 of student injuries and fatalities compared to 

24 States without seat belt laws, and seat belt usage 

25 rates, from States that require schoolbuses to be 


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1 equipped with seatbelts, including Type 2 seat2 belt assembly; 

3 (D) the impact of lap/shoulder belt systems 

4 on emergency evacuations, with a focus on emer5 gency evacuations involving students below the 

6 age of 14, and emergency evacuations neces7 sitated by fire or water submersion; and 

8 (E) the impact of lap/shoulder belt systems 

9 on the overall availability of schoolbus transpor10 tation. 

11 (3) REPORT.—If the Secretary determines that a 

12 standard described in paragraph (1) does not meet 

13 the requirements and considerations set forth in sub14 sections (a) and (b) of section 30111 of title 49, 

15 United States Code, the Secretary shall submit to the 

16 Committee on Transportation and Infrastructure of 

17 the House of Representatives and the Committee on 

18 Commerce, Science, and Transportation of the Senate 

19 a report that describes the reasons for not prescribing 

20 such a standard. 

21 (4) APPLICATION OF REGULATIONS.—Any regu22 lation issued based on the notice of proposed rule23 making described in paragraph (1) shall apply to 

24 schoolbuses manufactured more than 3 years after the 

25 date on which the regulation takes effect. 


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1 (b) AUTOMATIC EMERGENCY BRAKING.—Not later 

2 than 3 years after the date of enactment of this Act, the 

3 Secretary shall— 

4 (1) prescribe a motor vehicle safety standard 

5 under section 30111 of title 49, United States Code, 

6 that requires all schoolbuses manufactured after the 

7 effective date of such standard to be equipped with an 

8 automatic emergency braking system; and 

9 (2) as part of such standard, establish perform10 ance requirements for automatic emergency braking 

11 systems, including operation of such systems. 

12 (c) ELECTRONIC STABILITY CONTROL.—Not later than 

13 2 years after the date of enactment of this Act, the Secretary 

14 shall— 

15 (1) prescribe a motor vehicle safety standard 

16 under section 30111 of title 49, United States Code, 

17 that requires all schoolbuses manufactured after the 

18 effective date of such standard to be equipped with an 

19 electronic stability control system (as such term is de20 fined in section 571.136 of title 49, Code of Federal 

21 Regulations (as in effect on the date of enactment of 

22 this Act)); and 

23 (2) as part of such standard, establish perform24 ance requirements for electronic stability control sys25 tems, including operation of such systems. 


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1 (d) FIRE PREVENTION AND MITIGATION.— 

2 (1) RESEARCH AND TESTING.—The Secretary 

3 shall conduct research and testing to determine the 

4 most prevalent causes of schoolbus fires and the best 

5 methods to prevent such fires and to mitigate the ef6 fect of such fires, both inside and outside the school7 bus. Such research and testing shall consider— 

8 (A) fire suppression systems standards, 

9 which at a minimum prevent engine fires; 

10 (B) firewall standards to prevent gas or 

11 flames from entering into the passenger compart12 ment in schoolbuses with engines that extend be13 yond the firewall; and 

14 (C) interior flammability and smoke emis15 sions characteristics standards. 

16 (2) STANDARDS.—The Secretary may issue fire 

17 prevention and mitigation standards for schoolbuses, 

18 based on the results of the Secretary’s research and 

19 testing under paragraph (1), if the Secretary deter20 mines that such standards meet the requirements and 

21 considerations set forth in subsections (a) and (b) of 

22 section 30111 of title 49, United States Code. 

23 (e) SCHOOL BUS TEMPERATURE SAFETY STUDY AND

24 REPORT.—Not later than 1 year after the date of enactment 

25 of this Act, the Secretary shall study and issue a report 


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1 on the safety implications of temperature controls in school 

2 buses. The study and report shall include— 

3 (1) an analysis of the internal temperature in 

4 school buses without air conditioning in weather be5 tween 80 and 110 degrees Fahrenheit; 

6 (2) the collection and analysis of data on tem7 perature-related injuries to students, including heat8 stroke and dehydration; 

9 (3) the collection of data on how many public 

10 school districts currently operate buses without air 

11 conditioning; and 

12 (4) recommendations for preventing heat related 

13 illnesses for children on school buses. 

14 (f) DEFINITIONS.—In this section: 

15 (1) AUTOMATIC EMERGENCY BRAKING.—The 

16 term ‘‘automatic emergency braking’’ means a crash 

17 avoidance system installed and operational in a vehi18 cle that consists of— 

19 (A) a forward warning function— 

20 (i) to detect vehicles and vulnerable 

21 road users ahead of the vehicle; and 

22 (ii) to alert the operator of an impend23 ing collision; and 


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1 (B) a crash-imminent braking function to 

2 provide automatic braking when forward-looking 

3 sensors of the vehicle indicate that— 

4 (i) a crash is imminent; and 

5 (ii) the operator of the vehicle is not 

6 applying the brakes. 

7 (2) LARGE SCHOOLBUS.—The term ‘‘large school8 bus’’ means a schoolbus with a gross vehicle weight 

9 rating of more than 10,000 pounds. 

10 (3) SCHOOLBUS.—The term ‘‘schoolbus’’ has the 

11 meaning given such term in section 30125(a) of title 

12 49, United States Code. 

13 SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES. 

14 (a) ILLEGAL PASSING RESEARCH.— 

15 (1) IN GENERAL.—The Secretary of Transpor16 tation shall conduct research to determine— 

17 (A) drivers’ knowledge of and attitudes to18 wards laws governing passing of a school bus 

19 under the State in which the driver lives; 

20 (B) the effectiveness of automated school bus 

21 camera enforcement systems in reducing school 

22 bus passing violations; 

23 (C) whether laws that require automated 

24 school bus camera systems to capture images of 


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1 a driver’s face impact the ability of States to en2 force such laws; 

3 (D) the effectiveness of public education on 

4 illegal school bus passing laws in reducing school 

5 bus passing violations; and 

6 (E) the most-effective countermeasures to 

7 address illegal passing of school buses and best 

8 practices for States to reduce the number of ille9 gal passing violations. 

10 (2) REPORT TO CONGRESS.—Not later than 2 

11 years after the date of enactment of this Act, the Sec12 retary shall submit to the Committee on Transpor13 tation and Infrastructure of the House of Representa14 tives and the Committee on Commerce, Science, and 

15 Transportation of the Senate a report detailing the 

16 research and findings required under paragraph (1). 

17 (3) PUBLICATION.—The Secretary shall make 

18 publicly available on the website of the Department 

19 the report required under paragraph (2) not later 

20 than 30 days after the report is submitted under such 

21 paragraph. 

22 (b) PUBLIC SAFETY MESSAGING CAMPAIGN.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of enactment of this Act, the Secretary shall 

25 create and disseminate a public safety messaging 


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1 campaign, including public safety media messages, 

2 posters, digital, and other media messages for dis3 tribution to States, divisions of motor vehicles, 

4 schools, and other public outlets to highlight the dan5 gers of illegally passing school buses, including edu6 cational materials for students and the public on the 

7 safest school bus loading and unloading procedures. 

8 (2) CONSULTATION.—The Secretary shall consult 

9 with public and private school bus industry represent10 atives and States in developing the materials and 

11 messages required under paragraph (1). 

12 (3) UPDATE.—The Secretary shall periodically 

13 update the materials used in the campaign. 

14 (c) REVIEW OF ADVANCED SCHOOL BUS SAFETY

15 TECHNOLOGIES.— 

16 (1) IN GENERAL.—Not later than 2 years after 

17 the date of enactment of this Act, the Secretary shall 

18 complete a review of advanced school bus safety tech19 nologies to assess their feasibility, benefits, and costs. 

20 The review shall include— 

21 (A) an evaluation of motion-activated alert 

22 systems that are capable of detecting and alert23 ing the school bus driver to students, pedestrians, 

24 bicyclists, and other vulnerable road users lo25 cated near the perimeter of the school bus; 


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1 (B) an evaluation of advanced school bus 

2 flashing lighting systems to improve communica3 tion to surrounding drivers; 

4 (C) an evaluation of early warning systems, 

5 including radar-based warning systems, to alert 

6 school bus drivers and students near the school 

7 bus that an approaching vehicle is likely to en8 gage in an illegal passing; and 

9 (D) other technologies that enhance school 

10 bus safety, as determined by the Secretary. 

11 (2) PUBLICATION.—The Secretary shall make the 

12 findings of the review publicly available on the 

13 website of the Department not later than 30 days 

14 after its completion. 

15 (d) GAO REVIEW OF STATE ILLEGAL PASSING LAWS

16 AND DRIVER EDUCATION.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this Act, the Comptroller 

19 General of the United States shall submit to the Com20 mittee on Transportation and Infrastructure of the 

21 House of Representatives and the Committee on Com22 merce, Science, and Transportation of the Senate a 

23 report examining State laws and driver education ef24 forts regarding illegal passing of school buses. 


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1 (2) CONTENTS.—The report required under 

2 paragraph (1) shall include— 

3 (A) an overview of each State’s illegal school 

4 bus passing laws, including how the laws are en5 forced and what penalties are imposed on viola6 tors; 

7 (B) a review of each State’s driver edu8 cation efforts regarding illegal passing of school 

9 buses to determine how each State educates and 

10 evaluates new drivers on laws governing passing 

11 of a school bus; and 

12 (C) recommendations on how States can 

13 improve driver education and awareness of the 

14 dangers of illegally passing school buses. 

15 SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING 

16 COMMERCIAL MOTOR VEHICLES. 

17 (a) REVIEW OF STATE INSPECTION PRACTICES.—The 

18 Secretary of Transportation shall conduct a review of Fed19 eral Motor Carrier Safety Regulations related to annual in20 spection of commercial motor vehicles carrying passengers 

21 to determine— 

22 (1) different inspection models in use for com23 mercial motor vehicles carrying passengers to satisfy 

24 the Federal inspection requirement; 


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1 (2) the number of States that have mandatory 

2 annual State vehicle inspections and whether such in3 spections are used to satisfy the Federal inspection re4 quirement for commercial motor vehicles carrying 

5 passengers; 

6 (3) the extent to which passenger carriers utilize 

7 self-inspection to satisfy the Federal inspection re8 quirement; 

9 (4) the number of States that have the authority 

10 to require the immobilization of impoundment of a 

11 commercial motor vehicle carrying passengers if such 

12 a vehicle fails inspection; and 

13 (5) the impact on the safety of commercial motor 

14 vehicles carrying passengers, based on the inspection 

15 model employed. 

16 (b) REPORT TO CONGRESS.—Not later than 1 year 

17 after the enactment of this Act, the Secretary shall submit 

18 to the Committee on Transportation and Infrastructure of 

19 the House of Representatives and the Committee on Com20 merce, Science, and Transportation of the Senate a report 

21 on— 

22 (1) the findings of the review conducted under 

23 subsection (a); and 

24 (2) recommendations on changes to the Sec25 retary’s inspection program regulations to improve 


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1 the safety of commercial motor vehicles carrying pas2 sengers. 

3 SEC. 4404. AUTOMATIC EMERGENCY BRAKING. 

4 (a) FEDERAL MOTOR VEHICLE SAFETY STANDARD.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, the Secretary of 

7 Transportation shall— 

8 (A) prescribe a motor vehicle safety stand9 ard under section 30111 of title 49, United 

10 States Code, that requires all commercial motor 

11 vehicles subject to Federal motor vehicle safety 

12 standard 136 under section 571.136 of title 49, 

13 Code of Federal Regulations, (relating to elec14 tronic stability control systems for heavy vehi15 cles) manufactured after the effective date of such 

16 standard to be equipped with an automatic 

17 emergency braking system; and 

18 (B) as part of such standard, establish per19 formance requirements for automatic emergency 

20 braking systems, including operation of such sys21 tems in a variety of driving conditions. 

22 (2) CONSIDERATIONS.—Prior to prescribing the 

23 standard required under paragraph (1)(A), the Sec24 retary shall— 


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1 (A) conduct a review of automatic emer2 gency braking systems in use in applicable com3 mercial motor vehicles and address any identi4 fied deficiencies with such systems in the rule5 making proceeding to prescribe the standard, if 

6 practicable; 

7 (B) assess the feasibility of updating the 

8 software of emergency braking systems in use in 

9 applicable commercial motor vehicles to address 

10 any deficiencies and to enable such systems to 

11 meet the new standard; and 

12 (C) consult with representatives of commer13 cial motor vehicle drivers regarding the experi14 ences of drivers with automatic emergency brak15 ing systems in use in applicable commercial 

16 motor vehicles, including malfunctions or un17 warranted activations of such systems. 

18 (3) COMPLIANCE DATE.—The Secretary shall en19 sure that the compliance date of the standard pre20 scribed pursuant to paragraph (1) shall be not later 

21 than 2 years after the date of publication of the final 

22 rule prescribing such standard. 

23 (b) FEDERAL MOTOR CARRIER SAFETY REGULA24 TION.—Not later than 1 year after the date of enactment 

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1 tion 31136 of title 49, United States Code, that requires 

2 that an automatic emergency braking system installed in 

3 a commercial motor vehicle subject to Federal motor vehicle 

4 safety standard 136 under section 571.136 of title 49, Code 

5 of Federal Regulations,(relating to electronic stability con6 trol systems for heavy vehicles) that is in operation on or 

7 after the effective date of the standard prescribed under sub8 section (a) be used at any time during which such commer9 cial motor vehicle is in operation. 

10 (c) REPORT ON AUTOMATIC EMERGENCY BRAKING IN

11 MEDIUM-DUTY COMMERCIAL MOTOR VEHICLES.— 

12 (1) IN GENERAL.—Not later than 2 years after 

13 the date of enactment of this Act, the Secretary of 

14 Transportation shall, with respect to commercial 

15 motor vehicles not subject to Federal motor vehicle 

16 safety standard 136 under section 571.136 of title 49, 

17 Code of Federal Regulations— 

18 (A) complete research on equipping com19 mercial motor vehicles with automatic emergency 

20 braking systems to better understand the overall 

21 effectiveness of such systems on a variety of com22 mercial motor vehicles; 

23 (B) assess the feasibility, benefits, and costs 

24 associated with installing automatic emergency 

25 braking systems on newly manufactured comVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 01016 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 mercial motor vehicles with a gross vehicle 

2 weight rating of 10,001 pounds or more; and 

3 (C) if warranted, develop performance 

4 standards for such automatic emergency braking 

5 systems. 

6 (2) INDEPENDENT RESEARCH.—If the Secretary 

7 enters into a contract with a third party to perform 

8 the research required under paragraph (1)(A), the 

9 Secretary shall ensure that such third party does not 

10 have any financial or contractual ties or relationship 

11 with a motor carrier that transports passengers or 

12 property for compensation, the motor carrier indus13 try, or an entity producing or supplying automatic 

14 emergency braking systems. 

15 (3) PUBLICATION OF ASSESSMENT.—Not later 

16 than 90 days after completing the assessment required 

17 under paragraph (1)(B), the Secretary shall issue a 

18 notice in the Federal Register containing the findings 

19 of the assessment and provide an opportunity for 

20 public comment. 

21 (4) REPORT TO CONGRESS.—After the conclusion 

22 of the public comment period under paragraph (3), 

23 the Secretary shall submit to the Committee on 

24 Transportation and Infrastructure of the House of 

25 Representatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate a report 

2 that provides— 

3 (A) the results of the assessment under 

4 paragraph (1)(B); 

5 (B) a summary of the public comments re6 ceived by the Secretary under paragraph (3); 

7 and 

8 (C) a determination as to whether the Sec9 retary intends to develop performance require10 ments for automatic emergency braking systems 

11 for applicable commercial motor vehicles, includ12 ing any analysis that led to such determination. 

13 (d) DEFINITIONS.—In this section: 

14 (1) AUTOMATIC EMERGENCY BRAKING SYSTEM.— 

15 The term ‘‘automatic emergency braking system’’ 

16 means a crash avoidance system installed and oper17 ational in a vehicle that consists of— 

18 (A) a forward collision warning function— 

19 (i) to detect vehicles and vulnerable 

20 road users ahead of the vehicle; and 

21 (ii) to alert the operator of the vehicle 

22 of an impending collision; and 

23 (B) a crash-imminent braking function to 

24 provide automatic braking when forward-looking 

25 sensors of the vehicle indicate that— 


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1 (i) a crash is imminent; and 

2 (ii) the operator of the vehicle is not 

3 applying the brakes. 

4 (2) COMMERCIAL MOTOR VEHICLE.—The term 

5 ‘‘commercial motor vehicle’’ has the meaning given 

6 such term in section 31101 of title 49, United States 

7 Code. 

8 SEC. 4405. UNDERRIDE PROTECTION. 

9 (a) REAR UNDERRIDE GUARDS.— 

10 (1) REAR GUARDS ON TRAILERS AND

11 SEMITRAILERS.— 

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

13 after the date of enactment of this Act, the Sec14 retary of Transportation shall issue such regula15 tions as are necessary to revise motor vehicle 

16 safety standards under sections 571.223 and 

17 571.224 of title 49, Code of Federal Regulations, 

18 to require trailers and semi-trailers manufac19 tured after the date on which such regulation is 

20 issued to be equipped with rear impact guards 

21 that are designed to prevent passenger compart22 ment intrusion from a trailer or semitrailer 

23 when a passenger vehicle traveling at 35 miles 

24 per hour makes— 


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1 (i) an impact in which the passenger 

2 vehicle impacts the center of the rear of the 

3 trailer or semitrailer; 

4 (ii) an impact in which 50 percent the 

5 width of the passenger vehicle overlaps the 

6 rear of the trailer or semitrailer; and 

7 (iii) an impact in which 30 percent of 

8 the width of the passenger vehicle overlaps 

9 the rear of the trailer or semitrailer. 

10 (B) EFFECTIVE DATE.—The rule issued 

11 under subparagraph (A) shall require full com12 pliance with the motor carrier safety standard 

13 prescribed in such rule not later than 2 years 

14 after the date on which a final rule is issued. 

15 (2) ADDITIONAL RESEARCH.—The Secretary 

16 shall conduct additional research on the design and 

17 development of rear impact guards that can prevent 

18 underride crashes and protect motor vehicle pas19 sengers against severe injury at crash speeds of up to 

20 65 miles per hour. 

21 (3) REVIEW OF STANDARDS.—Not later than 5 

22 years after any revisions to standards or requirements 

23 related to rear impact guards pursuant to paragraph 

24 (1), the Secretary shall review the standards or re25 quirements to evaluate the need for changes in reVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 01020 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 sponse to advancements in technology and upgrade 

2 such standards accordingly. 

3 (4) INSPECTIONS.— 

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

5 after the date of enactment of this Act, the Sec6 retary shall issue such regulations as are nec7 essary to amend the regulations on minimum 

8 periodic inspection standards under appendix G 

9 to subchapter B of chapter III of title 49, Code 

10 of Federal Regulations, and driver vehicle in11 spection reports under section 396.11 of title 49, 

12 Code of Federal Regulations, to include rear im13 pact guards and rear end protection (as required 

14 by section 393.86 of title 49, Code of Federal 

15 Regulations). 

16 (B) CONSIDERATIONS.—In updating the 

17 regulations described in subparagraph (A), the 

18 Secretary shall consider it to be a defect or a de19 ficiency if a rear impact guard is missing or has 

20 a corroded or compromised element that affects 

21 the structural integrity and protective feature of 

22 such guard. 

23 (b) SIDE UNDERRIDE GUARDS.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary 

3 shall— 

4 (A) complete additional research on side 

5 underride guards to better understand the overall 

6 effectiveness of such guards; 

7 (B) assess the feasibility, benefits, and costs 

8 associated with installing side underride guards 

9 on newly manufactured trailers and semitrailers 

10 with a gross vehicle weight rating of 10,000 

11 pounds or more; and 

12 (C) if warranted, develop performance 

13 standards for such guards. 

14 (2) INDEPENDENT RESEARCH.—If the Secretary 

15 enters into a contract with a third party to perform 

16 the research required under paragraph (1)(A), the 

17 Secretary shall ensure that such third party does not 

18 have any financial or contractual ties or relationship 

19 with a motor carrier that transports passengers or 

20 property for compensation, the motor carrier indus21 try, or an entity producing or supplying underride 

22 guards. 

23 (3) PUBLICATION OF ASSESSMENT.—Not later 

24 than 90 days after completing the assessment required 

25 under paragraph (1)(B), the Secretary shall issue a 


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1 notice in the Federal Register containing the findings 

2 of the assessment and provide an opportunity for 

3 public comment. 

4 (4) REPORT TO CONGRESS.—After the conclusion 

5 of the public comment period under paragraph (3), 

6 the Secretary shall submit to the Committee on 

7 Transportation and Infrastructure of the House of 

8 Representatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate a report 

10 that provides— 

11 (A) the results of the assessment under this 

12 subsection; 

13 (B) a summary of the public comments re14 ceived by the Secretary under paragraph (3); 

15 and 

16 (C) a determination as to whether the Sec17 retary intends to develop performance require18 ments for side underride guards, including any 

19 analysis that led to such determination. 

20 (c) ADVISORY COMMITTEE ON UNDERRIDE PROTEC21 TION.— 

22 (1) ESTABLISHMENT.—Not later than 30 days 

23 after the date of enactment of this Act, the Secretary 

24 of Transportation shall establish an Advisory Com25 mittee on Underride Protection (in this subsection reVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 01023 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 ferred to as the ‘‘Committee’’) to provide advice and 

2 recommendations to the Secretary on safety regula3 tions to reduce crashes and fatalities involving truck 

4 underrides. 

5 (2) REPRESENTATION.— 

6 (A) IN GENERAL.—The Committee shall be 

7 composed of not more than 20 members ap8 pointed by the Secretary who are not employees 

9 of the Department of Transportation and who 

10 are qualified to serve because of their expertise, 

11 training, or experience. 

12 (B) MEMBERSHIP.—Members shall include 

13 two representatives of each of the following: 

14 (i) Truck and trailer manufacturers. 

15 (ii) Motor carriers, including inde16 pendent owner-operators. 

17 (iii) Law enforcement. 

18 (iv) Motor vehicle engineers. 

19 (v) Motor vehicle crash investigators. 

20 (vi) Truck safety organizations. 

21 (vii) The insurance industry. 

22 (viii) Emergency medical service pro23 viders. 

24 (ix) Families of underride crash vic25 tims. 


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1 (x) Labor organizations. 

2 (3) COMPENSATION.—Members of the Committee 

3 shall serve without compensation. 

4 (4) MEETINGS.—The Committee shall meet at 

5 least annually. 

6 (5) SUPPORT.—On request of the Committee, the 

7 Secretary shall provide information, administrative 

8 services, and supplies necessary for the Committee to 

9 carry out the duties described in paragraph (1). 

10 (6) REPORT.—The Committee shall submit to the 

11 Committee on Transportation and Infrastructure of 

12 the House of Representatives and the Committee on 

13 Commerce, Science, and Transportation of the Senate 

14 a biennial report that shall— 

15 (A) describe the advice and recommenda16 tions made to the Secretary; and 

17 (B) include an assessment of progress made 

18 by the Secretary in advancing safety regulations. 

19 (d) DATA COLLECTION.—Not later than 1 year after 

20 the date of enactment of this Act, the Secretary shall imple21 ment recommendations 1 and 2 described in the report by 

22 the Government Accountability Office published on March 

23 14, 2019, titled ‘‘Truck Underride Guards: Improved Data 

24 Collection, Inspections, and Research Needed’’ (GAO–19– 

25 264). 


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1 SEC. 4406. TRANSPORTATION OF HORSES. 

2 Section 80502 of title 49, United States Code, is 

3 amended— 

4 (1) in subsection (c) by striking ‘‘This section 

5 does not’’ and inserting ‘‘Subsections (a) and (b) shall 

6 not’’; 

7 (2) by redesignating subsection (d) as subsection 

8 (e); 

9 (3) by inserting after subsection (c) the fol10 lowing: 

11 ‘‘(d) TRANSPORTATION OF HORSES.— 

12 ‘‘(1) PROHIBITION.—No person may transport, 

13 or cause to be transported, a horse from a place in 

14 a State, the District of Columbia, or a territory or 

15 possession of the United States through or to a place 

16 in another State, the District of Columbia, or a terri17 tory or possession of the United States in a motor ve18 hicle containing two or more levels stacked on top of 

19 each other. 

20 ‘‘(2) MOTOR VEHICLE DEFINED.—In this sub21 section, the term ‘motor vehicle’— 

22 ‘‘(A) means a vehicle driven or drawn by 

23 mechanical power and manufactured primarily 

24 for use on public highways; and 

25 ‘‘(B) does not include a vehicle operated ex26 clusively on a rail or rails.’’; and 


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1 (4) in subsection (e), as redesignated— 

2 (A) by striking ‘‘A rail carrier’’ and insert3 ing the following: 

4 ‘‘(1) IN GENERAL.—A rail carrier’’; 

5 (B) by striking ‘‘this section’’ and inserting 

6 ‘‘subsection (a) or (b)’’; and 

7 (C) by striking ‘‘On learning’’ and insert8 ing the following: 

9 ‘‘(2) TRANSPORTATION OF HORSES IN MULTI10 LEVEL TRAILER.— 

11 ‘‘(A) CIVIL PENALTY.—A person that know12 ingly violates subsection (d) is liable to the 

13 United States Government for a civil penalty of 

14 at least $100, but not more than $500, for each 

15 violation. A separate violation of subsection (d) 

16 occurs for each horse that is transported, or 

17 caused to be transported, in violation of sub18 section (d). 

19 ‘‘(B) RELATIONSHIP TO OTHER LAWS.—The 

20 penalty imposed under subparagraph (A) shall 

21 be in addition to any penalty or remedy avail22 able under any other law. 

23 ‘‘(3) CIVIL ACTION.—On learning’’. 


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1 SEC. 4407. ADDITIONAL STATE AUTHORITY. 

2 (a) ADDITIONAL AUTHORITY.—Notwithstanding the 

3 limitation in section 127(d) of title 23, United States Code, 

4 if a State had in effect on or before June 1, 1991, a statute 

5 or regulation which placed a limitation on the overall 

6 length of a longer combination vehicle consisting of 3 trail7 ers, such State may allow the operation of a longer com8 bination vehicle to accommodate a longer energy efficient 

9 truck tractor in such longer combination vehicle under such 

10 limitation, if the additional tractor length is the only added 

11 length to such longer combination vehicle and does not re12 sult in increased cargo capacity in weight or volume. 

13 (b) SAVINGS CLAUSE.—Nothing in this section author14 izes a State to allow an increase in the length of a trailer, 

15 semitrailer, or other cargo-carrying unit of a longer com16 bination vehicle. 

17 (c) LONGER COMBINATION VEHICLE DEFINED.—The 

18 term ‘‘longer combination vehicle’’ has the meaning given 

19 such term in section 127 of title 23, United States Code. 

20 SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSUR21 ANCE FOR COMMERCIAL MOTOR VEHICLES. 

22 Section 31139(b) of title 49, United States Code, is 

23 amended— 

24 (1) in paragraph (2), by striking ‘‘$750,000’’ 

25 and inserting ‘‘$2,000,000’’; and 

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


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1 ‘‘(3) ADJUSTMENT.—The Secretary, in consulta2 tion with the Bureau of Labor Statistics, shall adjust 

3 the minimum level of financial responsibility under 

4 paragraph (2) quinquennially for inflation.’’. 

5 SEC. 4409. UNIVERSAL ELECTRONIC IDENTIFIER. 

6 Not later than 2 years after the date of enactment of 

7 this Act, the Secretary of Transportation shall issue a final 

8 motor vehicle safety standard that requires a commercial 

9 motor vehicle manufactured after the effective date of such 

10 standard to be equipped with a universal electronic vehicle 

11 identifier that— 

12 (1) identifies the vehicle to roadside inspectors 

13 for enforcement purposes; 

14 (2) does not transmit personally identifiable in15 formation regarding operators; and 

16 (3) does not create an undue cost burden for op17 erators and carriers. 

18 TITLE V—INNOVATION 

19 SEC. 5001. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) IN GENERAL.—The following amounts are author21 ized to be appropriated out of the Highway Trust Fund 

22 (other than the Mass Transit Account): 

23 (1) HIGHWAY RESEARCH AND DEVELOPMENT

24 PROGRAM.—To carry out section 503(b) of title 23, 


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1 United States Code, $144,000,000 for each of fiscal 

2 years 2023 through 2026. 

3 (2) TECHNOLOGY AND INNOVATION DEPLOYMENT

4 PROGRAM.—To carry out section 503(c) of title 23, 

5 United States Code, $152,000,000 for each of fiscal 

6 years 2023 through 2026. 

7 (3) TRAINING AND EDUCATION.—To carry out 

8 section 504 of title 23, United States Code, 

9 $26,000,000 for each of fiscal years 2023 through 

10 2026. 

11 (4) INTELLIGENT TRANSPORTATION SYSTEMS

12 PROGRAM.—To carry out sections 512 through 518 of 

13 title 23, United States Code, $100,000,000 for each of 

14 fiscal years 2023 through 2026. 

15 (5) UNIVERSITY TRANSPORTATION CENTERS PRO16 GRAM.—To carry out section 5505 of title 49, United 

17 States Code, $96,000,000 for each of fiscal years 2023 

18 through 2026. 

19 (6) BUREAU OF TRANSPORTATION STATISTICS.— 

20 To carry out chapter 63 of title 49, United States 

21 Code, $27,000,000 for each of fiscal years 2023 

22 through 2026. 

23 (b) ADDITIONAL PROGRAMS.—The following amounts 

24 are authorized to be appropriated out of the Highway Trust 

25 Fund (other than the Mass Transit Account): 


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1 (1) MOBILITY THROUGH ADVANCED TECH2 NOLOGIES.—To carry out section 503(c)(4) of title 23, 

3 United States Code, $70,000,000 for each of fiscal 

4 years 2023 through 2026 from funds made available 

5 to carry out section 503(c) of such title. 

6 (2) MATERIALS TO REDUCE GREENHOUSE GAS

7 EMISSIONS PROGRAM.—To carry out section 503(d) of 

8 title 23, United States Code, $10,000,000 for each of 

9 fiscal years 2023 through 2026 from funds made 

10 available to carry out section 503(c) of such title. 

11 (3) NATIONAL HIGHLY AUTOMATED VEHICLE AND

12 MOBILITY INNOVATION CLEARINGHOUSE.—To carry 

13 out section 5507 of title 49, United States Code, 

14 $2,000,000 for each of fiscal years 2023 through 2026 

15 from funds made available to carry out sections 512 

16 through 518 of title 23, United States Code. 

17 (4) NATIONAL COOPERATIVE MULTIMODAL

18 FREIGHT TRANSPORTATION RESEARCH PROGRAM.—To 

19 carry out section 70205 of title 49, United States 

20 Code, $4,000,000 for each of fiscal years 2023 through 

21 2026 from funds made available to carry out section 

22 503(b) of title 23, United States Code. 

23 (5) STATE SURFACE TRANSPORTATION SYSTEM

24 FUNDING PILOTS.—To carry out section 6020 of the 

25 FAST Act (23 U.S.C. 503 note), $35,000,000 for each 


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1 of fiscal years 2023 through 2026 from funds made 

2 available to carry out section 503(b) of title 23, 

3 United States Code. 

4 (6) NATIONAL SURFACE TRANSPORTATION SYS5 TEM FUNDING PILOT.—To carry out section 5402 of 

6 this title, $10,000,000 for each of fiscal years 2023 

7 through 2026 from funds made available to carry out 

8 section 503(b) of title 23, United States Code. 

9 (c) ADMINISTRATION.—The Federal Highway Admin10 istration shall— 

11 (1) administer the programs described in para12 graphs (1), (2), and (3) of subsection (a) and para13 graph (1) of subsection (b); and 

14 (2) in consultation with relevant modal adminis15 trations, administer the programs described in sub16 sections (a)(4) and (b)(2). 

17 (d) TREATMENT OF FUNDS.—Funds authorized to be 

18 appropriated by subsections (a) and (b) shall— 

19 (1) be available for obligation in the same man20 ner as if those funds were apportioned under chapter 

21 1 of title 23, United States Code, except that the Fed22 eral share of the cost of a project or activity carried 

23 out using those funds shall be 80 percent, unless oth24 erwise expressly provided by this title (including the 


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1 amendments by this title) or otherwise determined by 

2 the Secretary; and 

3 (2) remain available until expended and not be 

4 transferable, except as otherwise provided in this title. 

5 Subtitle A—Research and 

6 Development 

7 SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PRO8 GRAM. 

9 (a) IN GENERAL.—Section 503 of title 23, United 

10 States Code, is amended— 

11 (1) in subsection (a)(2) by striking ‘‘section 508’’ 

12 and inserting ‘‘section 6503 of title 49’’; and 

13 (2) in subsection (b)— 

14 (A) in paragraph (3)— 

15 (i) in subparagraph (A)— 

16 (I) in clause (ii) by striking ‘‘; 

17 and’’ and inserting a semicolon; 

18 (II) in clause (iii) by striking the 

19 period and inserting ‘‘; and’’; and 

20 (III) by adding at the end the fol21 lowing: 

22 ‘‘(iv) to reduce greenhouse gas emis23 sions and limit the effects of climate 

24 change.’’; and 


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1 (ii) by striking subparagraphs (D) and 

2 (E); 

3 (B) in paragraph (4)— 

4 (i) in subparagraph (A)— 

5 (I) in clause (ii) by striking ‘‘; 

6 and’’ and inserting a semicolon; 

7 (II) in clause (iii) by striking the 

8 period and inserting ‘‘; and’’; and 

9 (III) by adding at the end the fol10 lowing: 

11 ‘‘(iv) to reduce greenhouse gas emis12 sions and limit the effects of climate 

13 change.’’; and 

14 (ii) in subparagraph (C)— 

15 (I) in clause (iv) by striking ‘‘; 

16 and’’ and inserting a semicolon; 

17 (II) in clause (v) by striking the 

18 period and inserting ‘‘; and’’; and 

19 (III) by inserting at the end the 

20 following: 

21 ‘‘(vi) establishing best practices and 

22 creating models and tools to support metro23 politan and statewide planning practices to 

24 meet the considerations described in sections 


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1 134(i)(2)(I) and 135(f)(10) of this title, in2 cluding— 

3 ‘‘(I) strategies to address climate 

4 change mitigation and impacts de5 scribed in sections 134(i)(2)(I)(ii) and 

6 135(f)(10)(B) of this title and the in7 corporation of such strategies into long 

8 range transportation planning; 

9 ‘‘(II) preparation of a vulner10 ability assessment described in sections 

11 134(i)(2)(I)(iii) and 135(f)(10)(C) of 

12 this title; and 

13 ‘‘(III) integration of these prac14 tices with the planning practices de15 scribed in sections 5303(i)(2)(I) and 

16 5304(f)(10) of title 49.’’; 

17 (C) in paragraph (5)(A)— 

18 (i) in clause (iv) by striking ‘‘; and’’ 

19 and inserting a semicolon; 

20 (ii) in clause (v) by striking the period 

21 and inserting ‘‘; and’’; and 

22 (iii) by adding at the end the fol23 lowing: 


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1 ‘‘(vi) reducing greenhouse gas emis2 sions and limiting the effects of climate 

3 change.’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(9) ANALYSIS TOOLS.—The Secretary may de6 velop interactive modeling tools and databases that— 

7 ‘‘(A) track the condition of highway assets, 

8 including interchanges, and the reconstruction 

9 history of such assets; 

10 ‘‘(B) can be used to assess transportation 

11 options; 

12 ‘‘(C) allow for the monitoring and modeling 

13 of network-level traffic flows on highways; and 

14 ‘‘(D) further Federal and State under15 standing of the importance of national and re16 gional connectivity and the need for long-dis17 tance and interregional passenger and freight 

18 travel by highway and other surface transpor19 tation modes. 

20 ‘‘(10) PERFORMANCE MANAGEMENT DATA SUP21 PORT PROGRAM.— 

22 ‘‘(A) PERFORMANCE MANAGEMENT DATA

23 SUPPORT.—The Administrator of the Federal 

24 Highway Administration shall develop, use, and 

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1 sist metropolitan planning organizations, States, 

2 and the Federal Highway Administration in 

3 carrying out performance management analyses 

4 (including the performance management require5 ments under section 150). 

6 ‘‘(B) INCLUSIONS.—The data analysis ac7 tivities authorized under subparagraph (A) may 

8 include— 

9 ‘‘(i) collecting and distributing vehicle 

10 probe data describing traffic on Federal-aid 

11 highways; 

12 ‘‘(ii) collecting household travel behav13 ior data to assess local and cross-jurisdic14 tional travel, including to accommodate ex15 ternal and through travel; 

16 ‘‘(iii) enhancing existing data collec17 tion and analysis tools to accommodate per18 formance measures, targets, and related 

19 data, so as to better understand trip origin 

20 and destination, trip time, and mode; 

21 ‘‘(iv) enhancing existing data analysis 

22 tools to improve performance predictions 

23 and travel models in reports described in 

24 section 150(e); 

25 ‘‘(v) developing tools— 


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1 ‘‘(I) to improve performance anal2 ysis; and 

3 ‘‘(II) to evaluate the effects of 

4 project investments on performance; 

5 ‘‘(vi) assisting in the development or 

6 procurement of the transportation system 

7 access data under section 1403(g) of the IN8 VEST in America Act; and 

9 ‘‘(vii) developing tools and acquiring 

10 data described under paragraph (9). 

11 ‘‘(C) FUNDING.—The Administrator of the 

12 Federal Highway Administration may use up to 

13 $15,000,000 for each of fiscal years 2023 through 

14 2026 to carry out this paragraph.’’. 

15 (b) REPEAL.—Section 6028 of the FAST Act (23 

16 U.S.C. 150 note), and the item relating to such section in 

17 the table of contents in section 1(b) of such Act, are repealed. 

18 SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMIS19 SIONS PROGRAM. 

20 Section 503 of title 23, United States Code, as amend21 ed by section 5101, is further amended by adding at the 

22 end the following: 

23 ‘‘(d) MATERIALS TO REDUCE GREENHOUSE GAS

24 EMISSIONS PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—Not later than 6 months 

2 after the date of enactment of this subsection, the Sec3 retary shall establish and implement a program 

4 under which the Secretary shall award grants to eli5 gible entities to research and support the development 

6 and deployment of materials that will capture, ab7 sorb, adsorb, reduce, or sequester the amount of green8 house gas emissions generated during the production 

9 of highway materials and the construction and use of 

10 highways. 

11 ‘‘(2) ACTIVITIES.—Activities under this section 

12 may include— 

13 ‘‘(A) carrying out research to determine the 

14 materials proven to most effectively capture, ab15 sorb, adsorb, reduce, or sequester greenhouse gas 

16 emissions; 

17 ‘‘(B) evaluating and improves the ability of 

18 materials to most effectively capture, absorb, ad19 sorb, reduce, or sequester greenhouse gas emis20 sions; 

21 ‘‘(C) supporting the development and de22 ployment of materials that will capture, absorb, 

23 adsorb, reduce, or sequester greenhouse gas emis24 sions; and 


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1 ‘‘(D) in coordination with standards-setting 

2 organizations, such as the American Association 

3 of State Highway and Transportation Officials, 

4 carrying out research on— 

5 ‘‘(i) the extent to which existing state 

6 materials procurement standards enable the 

7 deployment of materials proven to most ef8 fectively reduce or sequester greenhouse gas 

9 emissions; 

10 ‘‘(ii) opportunities for States to adapt 

11 procurement standards to more frequently 

12 procure materials proven to most effectively 

13 reduce or sequester greenhouse gas emis14 sions; and 

15 ‘‘(iii) how to support or incentivize 

16 States to adapt procurement standards to 

17 incorporate more materials proven to most 

18 effectively reduce or sequester greenhouse gas 

19 emissions. 

20 ‘‘(3) COMPETITIVE SELECTION PROCESS.— 

21 ‘‘(A) APPLICATIONS.—To be eligible to re22 ceive a grant under this subsection, an eligible 

23 entity shall submit to the Secretary an applica24 tion in such form and containing such informa25 tion as the Secretary may require. 


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1 ‘‘(B) CONSIDERATION.—In making grants 

2 under this subsection, the Secretary shall con3 sider the degree to which applicants presently 

4 carry out research on materials that capture, ab5 sorb, adsorb, reduce, or sequester greenhouse gas 

6 emissions. 

7 ‘‘(C) SELECTION CRITERIA.—The Secretary 

8 may make grants under this subsection to any 

9 eligible entity based on the demonstrated ability 

10 of the applicant to fulfill the activities described 

11 in paragraph (2). 

12 ‘‘(D) TRANSPARENCY.—The Secretary shall 

13 submit to the Committee on Transportation and 

14 Infrastructure of the House of Representatives 

15 and the Committee on Environment and Public 

16 Works of the Senate a report describing the over17 all review process for a grant under this sub18 section, including— 

19 ‘‘(i) specific criteria of evaluation used 

20 in the review; 

21 ‘‘(ii) descriptions of the review process; 

22 and 

23 ‘‘(iii) explanations of the grants 

24 awarded. 

25 ‘‘(4) GRANTS.— 


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1 ‘‘(A) RESTRICTIONS.— 

2 ‘‘(i) IN GENERAL.—For each fiscal 

3 year, a grant made available under this 

4 subsection shall be not greater than 

5 $4,000,000 and not less than $2,000,000 per 

6 recipient. 

7 ‘‘(ii) LIMITATION.—An eligible entity 

8 may only receive one grant in a fiscal year 

9 under this subsection. 

10 ‘‘(B) MATCHING REQUIREMENTS.—As a 

11 condition of receiving a grant under this sub12 section, a grant recipient shall match 50 percent 

13 of the amounts made available under the grant. 

14 ‘‘(5) PROGRAM COORDINATION.— 

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

16 ‘‘(i) coordinate the research, education, 

17 and technology transfer activities carried 

18 out by grant recipients under this sub19 section; 

20 ‘‘(ii) disseminate the results of that re21 search through the establishment and oper22 ation of a publicly accessible online infor23 mation clearinghouse; and 

24 ‘‘(iii) to the extent practicable, support 

25 the deployment and commercial adoption of 


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1 effective materials researched or developed 

2 under this subsection to relevant stake3 holders. 

4 ‘‘(B) ANNUAL REVIEW AND EVALUATION.— 

5 Not later than 2 years after the date of enact6 ment of this subsection, and not less frequently 

7 than annually thereafter, the Secretary shall, 

8 consistent with the activities in paragraph (3)— 

9 ‘‘(i) review and evaluate the programs 

10 carried out under this subsection by grant 

11 recipients, describing the effectiveness of the 

12 program in identifying materials that cap13 ture, absorb, adsorb, reduce, or sequester 

14 greenhouse gas emissions; 

15 ‘‘(ii) submit to the Committee on 

16 Transportation and Infrastructure of the 

17 House of Representatives and the Committee 

18 on Environment and Public Works of the 

19 Senate a report describing such review and 

20 evaluation; and 

21 ‘‘(iii) make the report in clause (ii) 

22 available to the public on a website. 

23 ‘‘(6) LIMITATION ON AVAILABILITY OF

24 AMOUNTS.—Amounts made available to carry out this 

25 subsection shall remain available for obligation by the 


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1 Secretary for a period of 3 years after the last day 

2 of the fiscal year for which the amounts are author3 ized. 

4 ‘‘(7) INFORMATION COLLECTION.—Any survey, 

5 questionnaire, or interview that the Secretary deter6 mines to be necessary to carry out reporting require7 ments relating to any program assessment or evalua8 tion activity under this subsection, including cus9 tomer satisfaction assessments, shall not be subject to 

10 chapter 35 of title 44 (commonly known as the ‘Pa11 perwork Reduction Act’). 

12 ‘‘(8) DEFINITION OF ELIGIBLE ENTITY.—In this 

13 subsection, the term ‘eligible entity’ means— 

14 ‘‘(A) a nonprofit institution of higher edu15 cation, as such term is defined in section 101 of 

16 the Higher Education Act of 1965 (20 U.S.C. 

17 1001); and 

18 ‘‘(B) a State department of transpor19 tation.’’. 

20 SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOP21 MENT 5-YEAR STRATEGIC PLAN. 

22 Section 6503 of title 49, United States Code, is amend23 ed— 

24 (1) in subsection (a) by striking ‘‘The Secretary’’ 

25 and inserting ‘‘For the period of fiscal years 2017 


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1 through 2022, and for each 5-year period thereafter, 

2 the Secretary’’; 

3 (2) in subsection (c)(1)— 

4 (A) in subparagraph (C) by inserting ‘‘and 

5 security in the transportation system’’ after 

6 ‘‘safety’’; 

7 (B) in subparagraph (D) by inserting ‘‘and 

8 the existing transportation system’’ after ‘‘infra9 structure’’; 

10 (C) in subparagraph (E) by striking ‘‘; 

11 and’’ and inserting a semicolon; 

12 (D) by amending subparagraph (F) to read 

13 as follows: 

14 ‘‘(F) reducing greenhouse gas emissions; 

15 and’’; and 

16 (E) by adding at the end the following: 

17 ‘‘(G) developing and maintaining a diverse 

18 workforce in transportation sectors;’’; and 

19 (3) in subsection (d) by striking ‘‘not later than 

20 December 31, 2016,’’ and inserting ‘‘not later than 

21 December 31, 2022,’’. 

22 SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PRO23 GRAM. 

24 Section 5505 of title 49, United States Code, is amend25 ed— 


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1 (1) in subsection (b)— 

2 (A) in paragraph (4)— 

3 (i) in subparagraph (A) by striking 

4 ‘‘research priorities identified in chapter 

5 65.’’ and inserting the following: ‘‘following 

6 research priorities: 

7 ‘‘(i) Improving the mobility of people 

8 and goods. 

9 ‘‘(ii) Reducing congestion. 

10 ‘‘(iii) Promoting safety. 

11 ‘‘(iv) Improving the durability and ex12 tending the life of transportation infrastruc13 ture and the existing transportation system. 

14 ‘‘(v) Preserving the environment. 

15 ‘‘(vi) Reducing greenhouse gas emis16 sions.’’; and 

17 (ii) in subparagraph (B)— 

18 (I) by striking ‘‘Technology and’’ 

19 and inserting ‘‘Technology,’’; 

20 (II) by inserting ‘‘, the Adminis21 trator of the Federal Transit Adminis22 tration,’’ after ‘‘Federal Highway Ad23 ministration’’; and 

24 (III) by striking ‘‘and other 

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1 priate’’ and inserting ‘‘and the Admin2 istrators of other operating adminis3 trations, as appropriate’’; and 

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

5 ‘‘(7) FOCUSED RESEARCH CONSIDERATIONS.—In 

6 awarding grants under this section, the Secretary 

7 shall consider how the program under this section ad8 vances research on the cybersecurity implications of 

9 technologies relating to connected vehicles, connected 

10 infrastructure, and automated vehicles.’’; 

11 (2) in subsection (c)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘Not later than 1 year 

14 after the date of enactment of this section,’’ 

15 and inserting the following: 

16 ‘‘(A) SELECTION OF GRANTS.—Not later 

17 than 1 year after the date of enactment of the 

18 INVEST in America Act,’’; and 

19 (ii) by adding at the end the following: 

20 ‘‘(B) LIMITATIONS.—A grant under this 

21 subsection may not include a cooperative agree22 ment described in section 6305 of title 31.’’; 

23 (B) in paragraph (2)— 

24 (i) in subparagraph (A) by striking ‘‘5 

25 consortia’’ and inserting ‘‘6 consortia’’; 


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1 (ii) in subparagraph (B)— 

2 (I) in clause (i) by striking ‘‘not 

3 greater than $4,000,000 and not less 

4 than $2,000,000’’ and inserting ‘‘not 

5 greater than $4,250,000 and not less 

6 than $2,250,000’’; and 

7 (II) in clause (ii) by striking 

8 ‘‘section 6503(c)’’ and inserting ‘‘sub9 section (b)(4)(A)’’; 

10 (iii) in subparagraph (C) by striking 

11 ‘‘100 percent’’ and inserting ‘‘50 percent’’; 

12 and 

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

14 ‘‘(D) REQUIREMENT.—In awarding grants 

15 under this section, the Secretary shall award 1 

16 grant to a national consortia for each focus area 

17 described in subsection (b)(4)(A).’’; 

18 (C) in paragraph (3)— 

19 (i) in subparagraph (C) by striking 

20 ‘‘not greater than $3,000,000 and not less 

21 than $1,500,000’’ and inserting ‘‘not greater 

22 than $3,250,000 and not less than 

23 $1,750,000’’; 


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1 (ii) in subparagraph (D)(i) by striking 

2 ‘‘100 percent’’ and inserting ‘‘50 percent’’; 

3 and 

4 (iii) by striking subparagraph (E); 

5 and 

6 (D) in paragraph (4)— 

7 (i) in subparagraph (A) by striking 

8 ‘‘greater than $2,000,000 and not less than 

9 $1,000,000’’ and inserting ‘‘greater than 

10 $2,250,000 and not less than $1,250,000’’; 

11 and 

12 (ii) by striking subparagraph (C) and 

13 inserting the following: 

14 ‘‘(C) CONSIDERATION.—In awarding grants 

15 under this section, the Secretary shall consider 

16 historically black colleges and universities, as 

17 such term is defined in section 371(a) of the 

18 Higher Education Act of 1965 (20 U.S.C. 

19 1067q), and other minority institutions, as such 

20 term is defined by section 365 of the Higher 

21 Education Act (20 U.S.C. 1067k), or consortia 

22 that include such institutions that have dem23 onstrated an ability in transportation-related re24 search. 

25 ‘‘(D) FOCUSED RESEARCH.— 


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1 ‘‘(i) IN GENERAL.—In awarding 

2 grants under this section, the Secretary 

3 shall select not less than one grant recipient 

4 with each of the following focus areas: 

5 ‘‘(I) Transit. 

6 ‘‘(II) Connected and automated 

7 vehicle technology, including cybersecu8 rity implications of technologies relat9 ing to connected vehicles, connected in10 frastructure, and automated vehicle 

11 technology. 

12 ‘‘(III) Non-motorized transpor13 tation, including bicycle and pedes14 trian safety. 

15 ‘‘(IV) The surface transportation 

16 workforce, including— 

17 ‘‘(aa) current and future 

18 workforce needs and challenges; 

19 and 

20 ‘‘(bb) the impact of tech21 nology on the transportation sec22 tor. 

23 ‘‘(V) Climate change mitigation, 

24 including— 


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1 ‘‘(aa) researching the types of 

2 transportation projects that are 

3 expected to provide the most sig4 nificant greenhouse gas emissions 

5 reductions from the surface trans6 portation sector; and 

7 ‘‘(bb) researching the types of 

8 transportation projects that are 

9 not expected to provide significant 

10 greenhouse gas emissions reduc11 tions from the surface transpor12 tation sector. 

13 ‘‘(ii) ADDITIONAL GRANTS.—In award14 ing grants under this section and after 

15 awarding grants pursuant to clause (i), the 

16 Secretary may award any remaining 

17 grants to any grant recipient based on the 

18 criteria described in subsection (b)(4)(A).’’; 

19 (3) in subsection (d)(3) by striking ‘‘fiscal years 

20 2016 through 2020’’ and inserting ‘‘fiscal years 2023 

21 through 2026’’; 

22 (4) by redesignating subsection (f) as subsection 

23 (g); and 

24 (5) by inserting after subsection (e) the following: 

25 ‘‘(f) SURPLUS AMOUNTS.— 


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1 ‘‘(1) IN GENERAL.—Amounts made available to 

2 the Secretary to carry out this section that remain 

3 unobligated after awarding grants under subsection 

4 (c) shall be made available under the unsolicited re5 search initiative under section 5506. 

6 ‘‘(2) LIMITATION ON AMOUNTS.—Amounts under 

7 paragraph (1) shall not exceed $2,000,000 for any 

8 given fiscal year.’’. 

9 SEC. 5105. UNSOLICITED RESEARCH INITIATIVE. 

10 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

11 49, United States Code, is amended by adding at the end 

12 the following: 

13 ‘‘§ 5506. Unsolicited research initiative 

14 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this section, the Secretary shall estab16 lish a program under which an eligible entity may at any 

17 time submit unsolicited research proposals for funding 

18 under this section. 

19 ‘‘(b) CRITERIA.—A research proposal submitted under 

20 subsection (a) shall meet the purposes of the Secretary’s 5- 

21 year transportation research and development strategic 

22 plan described in section 6503(c)(1). 

23 ‘‘(c) APPLICATIONS.—To receive funding under this 

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1 plication that is in such form and contains such informa2 tion as the Secretary may require. 

3 ‘‘(d) REPORT.—Not later than 18 months after the 

4 date of enactment of this section, and annually thereafter, 

5 the Secretary shall make available to the public on a public 

6 website a report on the progress and findings of the program 

7 established under subsection (a). 

8 ‘‘(e) FEDERAL SHARE.— 

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

10 of an activity carried out under this section may not 

11 exceed 50 percent. 

12 ‘‘(2) NON-FEDERAL SHARE.—All costs directly 

13 incurred by the non-Federal partners, including per14 sonnel, travel, facility, and hardware development 

15 costs, shall be credited toward the non-Federal share 

16 of the cost of an activity carried out under this sec17 tion. 

18 ‘‘(f) FUNDING.— 

19 ‘‘(1) IN GENERAL.—Of the funds made available 

20 to carry out the university transportation centers pro21 gram under section 5505, $2,000,000 shall be avail22 able for each of fiscal years 2023 through 2026 to 

23 carry out this section. 

24 ‘‘(2) FUNDING FLEXIBILITY.— 


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1 ‘‘(A) IN GENERAL.—For fiscal years 2023 

2 through 2026, funds made available under para3 graph (1) shall remain available until expended. 

4 ‘‘(B) UNCOMMITTED FUNDS.—If the Sec5 retary determines, at the end of a fiscal year, 

6 funds under paragraph (1) remain unexpended 

7 as a result of a lack of meritorious projects under 

8 this section, the Secretary may, for the following 

9 fiscal year, make remaining funds available 

10 under either this section or under section 5505. 

11 ‘‘(g) ELIGIBLE ENTITY DEFINED.—In this section, the 

12 term ‘eligible entity’ means— 

13 ‘‘(1) a State; 

14 ‘‘(2) a unit of local government; 

15 ‘‘(3) a transit agency; 

16 ‘‘(4) any nonprofit institution of higher edu17 cation, including a university transportation center 

18 under section 5505; and 

19 ‘‘(5) a nonprofit organization.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chapter 

21 55 of title 49, United States Code, is amended by inserting 

22 after the item relating to section 5505 the following new 

23 item: 

‘‘5506. Unsolicited research initiative.’’. 


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1 SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL FREIGHT 

2 TRANSPORTATION RESEARCH PROGRAM. 

3 (a) IN GENERAL.—Chapter 702 of title 49, United 

4 States Code, is amended by adding at the end the following: 

5 ‘‘§ 70205. National cooperative multimodal freight 

6 transportation research program 

7 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after the 

8 date of enactment of this section, the Secretary shall estab9 lish and support a national cooperative multimodal freight 

10 transportation research program. 

11 ‘‘(b) AGREEMENT.—Not later than 6 months after the 

12 date of enactment of this section, the Secretary shall seek 

13 to enter into an agreement with the National Academy of 

14 Sciences to support and carry out administrative and man15 agement activities relating to the governance of the national 

16 cooperative multimodal freight transportation research pro17 gram. 

18 ‘‘(c) ADVISORY COMMITTEE.—In carrying out the 

19 agreement described in subsection (b), the National Acad20 emy of Sciences shall select a multimodal freight transpor21 tation research advisory committee consisting of 

22 multimodal freight stakeholders, including, at a min23 imum— 

24 ‘‘(1) a representative of the Department of 

25 Transportation; 


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1 ‘‘(2) representatives of any other Federal agen2 cies relevant in supporting the nation’s multimodal 

3 freight transportation research needs; 

4 ‘‘(3) a representative of a State department of 

5 transportation; 

6 ‘‘(4) a representative of a local government 

7 (other than a metropolitan planning organization); 

8 ‘‘(5) a representative of a metropolitan planning 

9 organization; 

10 ‘‘(6) a representative of the trucking industry; 

11 ‘‘(7) a representative of the railroad industry; 

12 ‘‘(8) a representative of the port industry; 

13 ‘‘(9) a representative of logistics industry; 

14 ‘‘(10) a representative of shipping industry; 

15 ‘‘(11) a representative of a safety advocacy group 

16 with expertise in freight transportation; 

17 ‘‘(12) an academic expert on multimodal freight 

18 transportation; 

19 ‘‘(13) an academic expert on the contributions of 

20 freight movement to greenhouse gas emissions; and 

21 ‘‘(14) representatives of labor organizations rep22 resenting workers in freight transportation. 

23 ‘‘(d) ELEMENTS.—The national cooperative 

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1 lished under this section shall include the following ele2 ments: 

3 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi4 sory committee under subsection (c), in consultation 

5 with interested parties, shall recommend a national 

6 research agenda for the program established in this 

7 section. 

8 ‘‘(2) INVOLVEMENT.—Interested parties may— 

9 ‘‘(A) submit research proposals to the advi10 sory committee; 

11 ‘‘(B) participate in merit reviews of re12 search proposals and peer reviews of research 

13 products; and 

14 ‘‘(C) receive research results. 

15 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

16 RESEARCH PROPOSALS.—The National Academy of 

17 Sciences may award research contracts and grants 

18 under the program through open competition and 

19 merit review conducted on a regular basis. 

20 ‘‘(4) EVALUATION OF RESEARCH.— 

21 ‘‘(A) PEER REVIEW.—Research contracts 

22 and grants under the program may allow peer 

23 review of the research results. 

24 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The 

25 National Academy of Sciences shall conduct 


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1 periodic programmatic evaluations on a regular 

2 basis of research contracts and grants. 

3 ‘‘(5) DISSEMINATION OF RESEARCH FINDINGS.— 

4 ‘‘(A) IN GENERAL.—The National Academy 

5 of Sciences shall disseminate research findings to 

6 researchers, practitioners, and decisionmakers, 

7 through conferences and seminars, field dem8 onstrations, workshops, training programs, pres9 entations, testimony to government officials, a 

10 public website for the National Academy of 

11 Sciences, publications for the general public, and 

12 other appropriate means. 

13 ‘‘(B) REPORT.—Not more than 18 months 

14 after the date of enactment of this section, and 

15 annually thereafter, the Secretary shall make 

16 available on a public website a report that de17 scribes the ongoing research and findings of the 

18 program. 

19 ‘‘(e) CONTENTS.—The national research agenda under 

20 subsection (d)(1) shall include— 

21 ‘‘(1) techniques and tools for estimating and 

22 identifying both quantitative and qualitative public 

23 benefits derived from multimodal freight transpor24 tation projects, including— 

25 ‘‘(A) greenhouse gas emissions reduction; 


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1 ‘‘(B) congestion reduction; and 

2 ‘‘(C) safety benefits; 

3 ‘‘(2) the impact of freight delivery vehicles, in4 cluding trucks, railcars, and non-motorized vehicles, 

5 on congestion in urban and rural areas; 

6 ‘‘(3) the impact of both centralized and disparate 

7 origins and destinations on freight movement; 

8 ‘‘(4) the impacts of increasing freight volumes on 

9 transportation planning, including— 

10 ‘‘(A) first-mile and last-mile challenges to 

11 multimodal freight movement; 

12 ‘‘(B) multimodal freight travel in both 

13 urban and rural areas; and 

14 ‘‘(C) commercial motor vehicle parking and 

15 rest areas; 

16 ‘‘(5) the effects of Internet commerce and acceler17 ated delivery speeds on freight movement and in18 creased commercial motor vehicle volume, including 

19 impacts on— 

20 ‘‘(A) safety on public roads; 

21 ‘‘(B) congestion in both urban and rural 

22 areas; 

23 ‘‘(C) first-mile and last-mile challenges and 

24 opportunities; 


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1 ‘‘(D) the environmental impact of freight 

2 transportation, including on air quality and on 

3 greenhouse gas emissions; and 

4 ‘‘(E) vehicle miles-traveled by freight-deliv5 ering vehicles; 

6 ‘‘(6) the impacts of technological advancements 

7 in freight movement, including impacts on— 

8 ‘‘(A) congestion in both urban and rural 

9 areas; 

10 ‘‘(B) first-mile and last-mile challenges and 

11 opportunities; and 

12 ‘‘(C) vehicle miles-traveled; 

13 ‘‘(7) methods and best practices for aligning 

14 multimodal infrastructure improvements with 

15 multimodal freight transportation demand, including 

16 improvements to the National Multimodal Freight 

17 Network under section 70103; and 

18 ‘‘(8) other research areas to identify and address 

19 current, emerging, and future needs related to 

20 multimodal freight transportation. 

21 ‘‘(f) FUNDING.— 

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

23 cost of an activity carried out under this section shall 

24 be 100 percent. 


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1 ‘‘(2) PERIOD OF AVAILABILITY.—Amounts made 

2 available to carry out this section shall remain avail3 able until expended. 

4 ‘‘(g) DEFINITION OF GREENHOUSE GAS.—In this sec5 tion, the term ‘greenhouse gas’ has the meaning given such 

6 term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 

7 7545(o)(1)).’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chapter 

9 702 of title 49, United States Code, is amended by adding 

10 at the end the following new item: 

‘‘70205. National cooperative multimodal freight transportation research program.’’. 

11 SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND 

12 HABITAT CONNECTIVITY IMPROVEMENT. 

13 (a) STUDY.— 

14 (1) IN GENERAL.—The Secretary of Transpor15 tation shall conduct a study examining methods to re16 duce collisions between motorists and wildlife (re17 ferred to in this section as ‘‘wildlife-vehicle colli18 sions’’). 

19 (2) CONTENTS.— 

20 (A) AREAS OF STUDY.—The study required 

21 under paragraph (1) shall— 

22 (i) update and expand on, as appro23 priate— 


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1 (I) the report titled ‘‘Wildlife Ve2 hicle Collision Reduction Study: 2008 

3 Report to Congress’’: and 

4 (II) the document titled ‘‘Wildlife 

5 Vehicle Collision Reduction Study: 

6 Best Practices Manual’’ and dated Oc7 tober 2008; and 

8 (ii) include— 

9 (I) an assessment, as of the date 

10 of the study, of— 

11 (aa) the causes of wildlife-ve12 hicle collisions; 

13 (bb) the impact of wildlife-ve14 hicle collisions on motorists and 

15 wildlife; and 

16 (cc) the impacts of roads and 

17 traffic on habitat connectivity for 

18 terrestrial and aquatic species; 

19 and 

20 (II) solutions and best practices 

21 for— 

22 (aa) reducing wildlife-vehicle 

23 collisions; and 


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1 (bb) improving habitat 

2 connectivity for terrestrial and 

3 aquatic species. 

4 (B) METHODS.—In carrying out the study 

5 required under paragraph (1), the Secretary 

6 shall— 

7 (i) conduct a thorough review of re8 search and data relating to— 

9 (I) wildlife-vehicle collisions; and 

10 (II) habitat fragmentation that 

11 results from transportation infrastruc12 ture; 

13 (ii) survey current practices of the De14 partment of Transportation and State de15 partments of transportation to reduce wild16 life-vehicle collisions; and 

17 (iii) consult with— 

18 (I) appropriate experts in the 

19 field of wildlife-vehicle collisions; and 

20 (II) appropriate experts on the ef21 fects of roads and traffic on habitat 

22 connectivity for terrestrial and aquatic 

23 species. 

24 (3) REPORT.— 


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1 (A) IN GENERAL.—Not later than 18 

2 months after the date of enactment of this Act, 

3 the Secretary shall submit to Congress a report 

4 on the results of the study required under para5 graph (1). 

6 (B) CONTENTS.—The report required under 

7 subparagraph (A) shall include— 

8 (i) a description of— 

9 (I) the causes of wildlife-vehicle 

10 collisions; 

11 (II) the impacts of wildlife-vehicle 

12 collisions; and 

13 (III) the impacts of roads and 

14 traffic on— 

15 (aa) species listed as threat16 ened species or endangered species 

17 under the Endangered Species Act 

18 of 1973 (16 U.S.C. 1531 et seq.); 

19 (bb) species identified by 

20 States as species of greatest con21 servation need; 

22 (cc) species identified in 

23 State wildlife plans; and 

24 (dd) medium and small ter25 restrial and aquatic species; 


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1 (ii) an economic evaluation of the costs 

2 and benefits of installing highway infra3 structure and other measures to mitigate 

4 damage to terrestrial and aquatic species, 

5 including the effect on jobs, property values, 

6 and economic growth to society, adjacent 

7 communities, and landowners; 

8 (iii) recommendations for preventing 

9 wildlife-vehicle collisions, including rec10 ommended best practices, funding resources, 

11 or other recommendations for addressing 

12 wildlife-vehicle collisions; and 

13 (iv) guidance to develop, for each State 

14 that agrees to participate, a voluntary joint 

15 statewide transportation and wildlife action 

16 plan. 

17 (C) PURPOSES.—The purpose of the guid18 ance described in subparagraph (B)(iv) shall 

19 be— 

20 (i) to address wildlife-vehicle collisions; 

21 and 

22 (ii) to improve habitat connectivity for 

23 terrestrial and aquatic species. 


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1 (D) CONSULTATION.—The Secretary shall 

2 develop the guidance described under subpara3 graph (B)(iv) in consultation with— 

4 (i) Federal land management agencies; 

5 (ii) State departments of transpor6 tation; 

7 (iii) State fish and wildlife agencies; 

8 and 

9 (iv) Tribal governments. 

10 (b) STANDARDIZATION OF WILDLIFE COLLISION AND

11 CARCASS DATA.— 

12 (1) STANDARDIZATION METHODOLOGY.— 

13 (A) IN GENERAL.—The Secretary of Trans14 portation, acting through the Administrator of 

15 the Federal Highway Administration, shall de16 velop a quality standardized methodology for col17 lecting and reporting spatially accurate wildlife 

18 collision and carcass data for the National High19 way System, taking into consideration the prac20 ticability of the methodology with respect to tech21 nology and cost. 

22 (B) METHODOLOGY.—In developing the 

23 standardized methodology under subparagraph 

24 (A), the Secretary shall— 


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1 (i) survey existing methodologies and 

2 sources of data collection, including the Fa3 tality Analysis Reporting System, the Gen4 eral Estimates System of the National Auto5 motive Sampling System, and the Highway 

6 Safety Information System; and 

7 (ii) to the extent practicable, identify 

8 and correct limitations of such existing 

9 methodologies and sources of data collection. 

10 (C) CONSULTATION.—In developing the 

11 standardized methodology under subparagraph 

12 (A), the Secretary shall consult with— 

13 (i) the Secretary of the Interior; 

14 (ii) the Secretary of Agriculture, acting 

15 through the Chief of the Forest Service; 

16 (iii) Tribal, State, and local transpor17 tation and wildlife authorities; 

18 (iv) metropolitan planning organiza19 tions (as such term is defined in section 

20 134(b) of title 23, United States Code); 

21 (v) members of the American Associa22 tion of State Highway and Transportation 

23 Officials; 

24 (vi) members of the Association of Fish 

25 and Wildlife Agencies; 


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1 (vii) experts in the field of wildlife-ve2 hicle collisions; 

3 (viii) nongovernmental organizations; 

4 and 

5 (ix) other interested stakeholders, as 

6 appropriate. 

7 (2) STANDARDIZED NATIONAL DATA SYSTEM

8 WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—The 

9 Secretary shall— 

10 (A) develop a template for State implemen11 tation of a standardized national wildlife colli12 sion and carcass data system for the National 

13 Highway System that is based on the standard14 ized methodology developed under paragraph (1); 

15 and 

16 (B) encourage the voluntary implementa17 tion of the template developed under subpara18 graph (A) for States, metropolitan planning or19 ganizations, and additional relevant transpor20 tation stakeholders. 

21 (3) REPORTS.— 

22 (A) METHODOLOGY.—The Secretary shall 

23 submit to Congress a report describing the devel24 opment of the standardized methodology required 

25 under paragraph (1) not later than— 


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1 (i) the date that is 18 months after the 

2 date of enactment of this Act; and 

3 (ii) the date that is 180 days after the 

4 date on which the Secretary completes the 

5 development of such standardized method6 ology. 

7 (B) IMPLEMENTATION.—Not later than 3 

8 years after the date of enactment of this Act, the 

9 Secretary shall submit to Congress a report de10 scribing— 

11 (i) the status of the voluntary imple12 mentation of the standardized methodology 

13 developed under paragraph (1) and the tem14 plate developed under paragraph (2)(A); 

15 (ii) whether the implementation of the 

16 standardized methodology developed under 

17 paragraph (1) and the template developed 

18 under paragraph (2)(A) has impacted ef19 forts by States, units of local government, 

20 and other entities— 

21 (I) to reduce the number of wild22 life-vehicle collisions; and 

23 (II) to improve habitat 

24 connectivity; 


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1 (iii) the degree of the impact described 

2 in clause (ii); and 

3 (iv) the recommendations of the Sec4 retary, including recommendations for fur5 ther study aimed at reducing motorist colli6 sions involving wildlife and improving 

7 habitat connectivity for terrestrial and 

8 aquatic species on the National Highway 

9 System, if any. 

10 (c) NATIONAL THRESHOLD GUIDANCE.—The Sec11 retary of Transportation shall— 

12 (1) establish guidance, to be carried out by 

13 States on a voluntary basis, that contains a threshold 

14 for determining whether a highway shall be evaluated 

15 for potential mitigation measures to reduce wildlife16 vehicle collisions and increase habitat connectivity for 

17 terrestrial and aquatic species, taking into consider18 ation— 

19 (A) the number of wildlife-vehicle collisions 

20 on the highway that pose a human safety risk; 

21 (B) highway-related mortality and effects of 

22 traffic on the highway on— 

23 (i) species listed as endangered species 

24 or threatened species under the Endangered 


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1 Species Act of 1973 (16 U.S.C. 1531 et 

2 seq.); 

3 (ii) species identified by a State as 

4 species of greatest conservation need; 

5 (iii) species identified in State wildlife 

6 plans; and 

7 (iv) medium and small terrestrial and 

8 aquatic species; and 

9 (C) habitat connectivity values for terres10 trial and aquatic species and the barrier effect of 

11 the highway on the movements and migrations of 

12 those species. 

13 (d) WORKFORCE DEVELOPMENT AND TECHNICAL

14 TRAINING.— 

15 (1) IN GENERAL.—Not later than 3 years after 

16 the date of enactment of this Act, the Secretary shall, 

17 based on the study conducted under subsection (a), de18 velop a series of in-person and online workforce devel19 opment and technical training courses— 

20 (A) to reduce wildlife-vehicle collisions; and 

21 (B) to improve habitat connectivity for ter22 restrial and aquatic species. 

23 (2) AVAILABILITY.—The Secretary shall— 


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1 (A) make the series of courses developed 

2 under paragraph (1) available for transportation 

3 and fish and wildlife professionals; and 

4 (B) update the series of courses not less fre5 quently than once every 2 years. 

6 (e) WILDLIFE HABITAT CONNECTIVITY AND NATIONAL

7 BRIDGE AND TUNNEL INVENTORY AND INSPECTION STAND8 ARDS.—Section 144 of title 23, United States Code, is 

9 amended in subsection (a)(2)— 

10 (1) in subparagraph (B) by inserting ‘‘, resil11 ience,’’ after ‘‘safety’’; 

12 (2) in subparagraph (D) by striking ‘‘and’’ at 

13 the end; 

14 (3) in subparagraph (E) by striking the period 

15 at the end and inserting ‘‘; and’’; and 

16 (4) by adding at the end the following: 

17 ‘‘(F) to ensure adequate passage of aquatic 

18 and terrestrial species, where appropriate.’’; 

19 SEC. 5108. RESEARCH ACTIVITIES. 

20 Section 330(g) of title 49, United States Code, is 

21 amended by striking ‘‘each of fiscal years 2016 through 

22 2020’’ and inserting ‘‘each of fiscal years 2023 through 

23 2026’’. 


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1 SEC. 5109. TRANSPORTATION EQUITY RESEARCH PROGRAM. 

2 (a) IN GENERAL.—The Secretary of Transportation 

3 shall carry out a transportation equity research program 

4 for research and demonstration activities that focus on the 

5 impacts that surface transportation planning, investment, 

6 and operations have on low-income populations, minority 

7 populations, and other underserved populations that may 

8 be dependent on public transportation. Such activities shall 

9 include research on surface transportation equity issues, the 

10 development of strategies to advance economic and commu11 nity development in public transportation-dependent popu12 lations, and the development of training programs that pro13 mote the employment of low-income populations, minority 

14 populations, and other underserved populations on Federal15 aid transportation projects constructed in their commu16 nities. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $2,000,000 for each of fiscal years 2023 through 2026. 

20 (c) AVAILABILITY OF AMOUNTS.—Amounts made 

21 available to the Secretary to carry out this section shall re22 main available for a period of 3 years beginning after the 

23 last day of the fiscal year for which the amounts are author24 ized. 


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1 SEC. 5110. SURFACE TRANSPORTATION RESEARCH, DEVEL2 OPMENT, AND TECHNOLOGY. 

3 Section 502(b)(3)(C) of title 23, United States Code, 

4 is amended by inserting ‘‘entities that represent the needs 

5 of metropolitan planning organizations,’’ after ‘‘Officials,’’. 

6 SEC. 5111. METROPOLITAN PLANNING RESEARCH PILOT 

7 PROGRAM. 

8 (a) ESTABLISHMENT.—Not later than 6 months after 

9 the date of enactment of this Act, the Secretary of Transpor10 tation shall seek to enter into an agreement with a non11 profit nongovernmental entity that exclusively serves the 

12 needs and interests of metropolitan planning organizations 

13 to establish a pilot program to provide awards to eligible 

14 entities to carry out eligible activities to enhance and im15 prove metropolitan planning practices in surface transpor16 tation. 

17 (b) GOALS.—The goals of the pilot program established 

18 under this section include— 

19 (1) enhancing metropolitan planning practices 

20 in surface transportation; 

21 (2) improving the ability of metropolitan plan22 ning organizations to meet performance measures and 

23 targets under section 150 of title 23, United States 

24 Code; 


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1 (3) preparing for the impact that emerging tech2 nologies, such as connected and automated vehicles, 

3 will have on the metropolitan planning process; 

4 (4) improving environmental considerations in 

5 the metropolitan planning process; 

6 (5) reducing greenhouse gas emissions and lim7 iting the effects of climate change; 

8 (6) improving access to jobs and services; 

9 (7) supporting underserved communities; and 

10 (8) expanding the ability of metropolitan plan11 ning organizations to collect public input and 

12 strengthen community engagement. 

13 (c) FORMS OF ASSISTANCE.—An award provided 

14 under this section may be in the form of a grant, contract, 

15 or cooperative agreement. 

16 (d) COMPETITIVE SELECTION PROCESS.— 

17 (1) APPLICATIONS.—To be eligible to receive an 

18 award under this section, an eligible entity shall sub19 mit to the Secretary an application in such form and 

20 containing such information as the Secretary may re21 quire. 

22 (2) SELECTION CRITERIA.—The Secretary may 

23 provide awards under this section to any eligible enti24 ty based on the demonstrated ability of the entity to 


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1 fulfill the goals described under subsection (b) and 

2 carry out eligible activities. 

3 (e) TRANSPARENCY.—The Secretary shall submit to the 

4 Committee on Transportation and Infrastructure of the 

5 House of Representatives and the Committee on Environ6 ment and Public Works of the Senate a report describing 

7 the selection process for providing an award under this sec8 tion and the results of activities carried out under this sec9 tion. 

10 (f) DEFINITIONS.—In this section: 

11 (1) ELIGIBLE ACTIVITY.—The term ‘‘eligible ac12 tivity’’ means— 

13 (A) carrying out research to improve metro14 politan planning practices; 

15 (B) developing new metropolitan planning 

16 tools; 

17 (C) improving existing metropolitan plan18 ning tools and practices; or 

19 (D) any other research activities the Sec20 retary determines to be appropriate, consistent 

21 with the goals under subsection (b). 

22 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti23 ty’’ means— 


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1 (A) a metropolitan planning organization 

2 designated under section 134(d) of title 23, 

3 United States Code; 

4 (B) a metropolitan planning organization 

5 working in partnership with a nonprofit organi6 zation; 

7 (C) a metropolitan planning organization 

8 working in partnership with a county; or 

9 (D) a group of entities described under sub10 paragraphs (A) through (C). 

11 (g) FEDERAL SHARE.—The Federal share of the cost 

12 of an activity carried out using an award under this section 

13 shall be 100 percent. 

14 (h) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) IN GENERAL.—From the amounts made 

16 available to carry out section 503(b) of title 23, 

17 United States Code, for each of fiscal years 2023 

18 through 2026, the Secretary may expend $1,000,000 

19 to carry out this section. 

20 (2) ADMINISTRATIVE EXPENSES.—Of the 

21 amounts made available under paragraph (1), the 

22 Secretary may use up to 5 percent of such funds for 

23 administrative expenses. 

24 (i) INFORMATION COLLECTION.—Any survey, ques25 tionnaire, or interview that the Secretary determines to be 


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1 necessary to carry out reporting requirements relating to 

2 any program assessment or evaluation activity under this 

3 section, including customer satisfaction assessments, shall 

4 not be subject to chapter 35 of title 44, United States Code 

5 (commonly known as the ‘‘Paperwork Reduction Act’’). 

6 SEC. 5112. INTEGRATED PROJECT DELIVERY. 

7 (a) IN GENERAL.—The Secretary of Transportation 

8 shall seek to enter into an agreement with the National 

9 Academy of Sciences to support and carry out a study of 

10 the effectiveness of integrated project delivery in delivering 

11 large infrastructure projects. 

12 (b) CONTENTS.— 

13 (1) AREAS OF STUDY.—The study shall— 

14 (A) identify best practices for surface trans15 portation project delivery with a focus on deliv16 ery of large or complex projects; 

17 (B) determine whether there are any regu18 latory requirements that limit the use of inte19 grated project delivery and the purpose of such 

20 regulations; and 

21 (C) analyze the effectiveness of integrated 

22 project delivery compared to traditional project 

23 delivery methods, including an analysis of out24 comes related to safety, cost effectiveness, envi25 ronmental impacts, and on-time project delivery. 


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1 (2) METHODS.—In carrying out the study, the 

2 National Academy of Sciences shall consult with enti3 ties with experience managing, administering, or im4 plementing integrated project delivery projects. 

5 (c) REPORT.—Not later than 1 year after the comple6 tion of the study under subsection (a), the Secretary shall 

7 publish a report on the results of the study under this sec8 tion. 

9 SEC. 5113. ACCELERATED IMPLEMENTATION AND DEPLOY10 MENT OF ADVANCED DIGITAL CONSTRUC11 TION MANAGEMENT SYSTEMS. 

12 Section 503(c) of title 23, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(5) ACCELERATED IMPLEMENTATION AND DE15 PLOYMENT OF ADVANCED DIGITAL CONSTRUCTION

16 MANAGEMENT SYSTEMS.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall, to 

18 the extent practicable, under the technology and 

19 innovation deployment program established 

20 under paragraph (1), promote, support, and doc21 ument the application of advanced digital con22 struction management systems, practices, per23 formance, and benefits. 

24 ‘‘(B) GOALS.—The goals of promoting the 

25 accelerated implementation and deployment of 


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1 advanced digital construction management sys2 tems established under subparagraph (A) shall 

3 include— 

4 ‘‘(i) accelerated State and local govern5 ment adoption of advanced digital construc6 tion management systems applied through7 out the project delivery process (including 

8 through the design and engineering, con9 struction, and operations phases) that— 

10 ‘‘(I) maximize interoperability 

11 with other systems, products, tools, or 

12 applications; 

13 ‘‘(II) boost productivity; 

14 ‘‘(III) manage complexity and 

15 risk; 

16 ‘‘(IV) reduce project delays and 

17 cost overruns; 

18 ‘‘(V) enhance safety and quality; 

19 and 

20 ‘‘(VI) support sustainable design 

21 and construction; 

22 ‘‘(ii) more timely and productive infor23 mation-sharing among stakeholders through 

24 digital collaboration platforms that connect 

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1 liance on paper to manage construction 

2 processes and deliverables; 

3 ‘‘(iii) deployment of digital manage4 ment systems that enable and leverage the 

5 use of digital technologies on construction 

6 sites by contractors; 

7 ‘‘(iv) the development and deployment 

8 of best practices for use in digital construc9 tion management; 

10 ‘‘(v) increased technology adoption and 

11 deployment by States and units of local 

12 government that enables project sponsors— 

13 ‘‘(I) to integrate the adoption of 

14 digital management systems and tech15 nologies in contracts; and 

16 ‘‘(II) to weigh the cost of 

17 digitization and technology in setting 

18 project budgets; 

19 ‘‘(vi) technology training and work20 force development to build the capabilities of 

21 project managers and sponsors that enables 

22 States and units of local government— 

23 ‘‘(I) to better manage projects 

24 using advance digital construction 

25 management technologies; and 


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1 ‘‘(II) to properly measure and re2 ward technology adoption across 

3 projects of the State or unit of local 

4 government; 

5 ‘‘(vii) development of guidance to assist 

6 States in updating regulations of the State 

7 to allow project sponsors and contractors— 

8 ‘‘(I) to report data relating to the 

9 project in digital formats; and 

10 ‘‘(II) to fully capture the effi11 ciencies and benefits of advanced dig12 ital construction management systems 

13 and related technologies; 

14 ‘‘(viii) reduction in the environmental 

15 footprint of construction projects using ad16 vanced digital construction management 

17 systems resulting from elimination of con18 gestion through more efficient projects; 

19 ‘‘(ix) development of more sustainable 

20 infrastructure that is designed to be more 

21 resilient to climate impacts, constructed 

22 with less material waste and made with 

23 more low-emissions construction materials; 

24 and 


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1 ‘‘(x) enhanced worker and pedestrian 

2 safety resulting from increased trans3 parency.’’. 

4 Subtitle B—Technology Deployment 

5 SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT 

6 PROGRAM. 

7 Section 503(c) of title 23, United States Code, is 

8 amended— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (A) by inserting ‘‘, 

11 while considering the impacts on jobs’’ after 

12 ‘‘transportation community’’; 

13 (B) in subparagraph (D) by striking ‘‘; 

14 and’’ and inserting a semicolon; 

15 (C) in subparagraph (E) by striking the pe16 riod and inserting ‘‘; and’’; and 

17 (D) by adding at the end the following: 

18 ‘‘(F) reducing greenhouse gas emissions and 

19 limiting the effects of climate change.’’; and 

20 (2) in paragraph (2)(A) by striking the period 

21 and inserting ‘‘and findings from the materials to re22 duce greenhouse gas emissions program under sub23 section (d).’’. 


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1 SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOY2 MENT OF PAVEMENT TECHNOLOGIES. 

3 Section 503(c)(3) of title 23, United States Code, is 

4 amended— 

5 (1) in subparagraph (B)— 

6 (A) in clause (v) by striking ‘‘; and’’ and 

7 inserting a semicolon; 

8 (B) in clause (vi) by striking the period 

9 and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(vii) the deployment of innovative 

12 pavement designs, materials, and practices 

13 that reduce or sequester the amount of 

14 greenhouse gas emissions generated during 

15 the production of highway materials and 

16 the construction of highways, with consider17 ation for findings from the materials to re18 duce greenhouse gas emissions program 

19 under subsection (d).’’; 

20 (2) in subparagraph (C) by striking ‘‘fiscal years 

21 2016 through 2020’’ and inserting ‘‘fiscal years 2023 

22 through 2026’’; and 

23 (3) in subparagraph (D)(ii)— 

24 (A) in subclause (III) by striking ‘‘; and’’ 

25 and inserting a semicolon; 


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1 (B) in subclause (IV) by striking the period 

2 and inserting a semicolon; and 

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

4 ‘‘(V) pavement monitoring and 

5 data collection practices; 

6 ‘‘(VI) pavement durability and re7 silience; 

8 ‘‘(VII) stormwater management; 

9 ‘‘(VIII) impacts on vehicle effi10 ciency; 

11 ‘‘(IX) the energy efficiency of the 

12 production of paving materials and the 

13 ability of paving materials to enhance 

14 the environment and promote sustain15 ability; 

16 ‘‘(X) integration of renewable en17 ergy in pavement designs; and 

18 ‘‘(XI) greenhouse gas emissions re19 duction, including findings from the 

20 materials to reduce greenhouse gas 

21 emissions program under subsection 

22 (d).’’. 


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1 SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY 

2 DAY COUNTS INITIATIVE. 

3 (a) IN GENERAL.—Chapter 5 of title 23, United States 

4 Code, is amended by adding at the end the following: 

5 ‘‘§ 520. Every Day Counts initiative 

6 ‘‘(a) IN GENERAL.—It is in the national interest for 

7 the Department of Transportation, State departments of 

8 transportation, and all other recipients of Federal surface 

9 transportation funds— 

10 ‘‘(1) to identify, accelerate, and deploy innova11 tion aimed at expediting project delivery; 

12 ‘‘(2) enhancing the safety of the roadways of the 

13 United States, and protecting the environment; 

14 ‘‘(3) to ensure that the planning, design, engi15 neering, construction, and financing of transportation 

16 projects is done in an efficient and effective manner; 

17 ‘‘(4) to promote the rapid deployment of proven 

18 solutions that provide greater accountability for pub19 lic investments and encourage greater private sector 

20 involvement; and 

21 ‘‘(5) to create a culture of innovation within the 

22 highway community. 

23 ‘‘(b) EVERY DAY COUNTS INITIATIVE.—To advance the 

24 policy described in subsection (a), the Administrator of the 

25 Federal Highway Administration shall continue the Every 

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1 tation agencies, all other recipients of Federal surface trans2 portation funds, and industry stakeholders, including labor 

3 representatives, to identify and deploy proven innovative 

4 practices and products that— 

5 ‘‘(1) accelerate innovation deployment; 

6 ‘‘(2) expedite the project delivery process; 

7 ‘‘(3) improve environmental sustainability; 

8 ‘‘(4) enhance roadway safety; 

9 ‘‘(5) reduce congestion; and 

10 ‘‘(6) reduce greenhouse gas emissions. 

11 ‘‘(c) CONSIDERATIONS.—In carrying out the Every 

12 Day Counts initiative, the Administrator shall consider 

13 any innovative practices and products in accordance with 

14 subsections (a) and (b), including— 

15 ‘‘(1) research results from the university trans16 portation centers program under section 5505 of title 

17 49; and 

18 ‘‘(2) results from the materials to reduce green19 house gas emissions program in section 503(d). 

20 ‘‘(d) INNOVATION DEPLOYMENT.— 

21 ‘‘(1) IN GENERAL.—At least every 2 years, the 

22 Administrator shall work collaboratively with stake23 holders to identify a new collection of innovations, 

24 best practices, and data to be deployed to highway 


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1 stakeholders through case studies, outreach, and dem2 onstration projects. 

3 ‘‘(2) REQUIREMENTS.—In identifying a collec4 tion described in paragraph (1), the Secretary shall 

5 take into account market readiness, impacts, benefits, 

6 and ease of adoption of the innovation or practice. 

7 ‘‘(e) PUBLICATION.—Each collection identified under 

8 subsection (d) shall be published by the Administrator on 

9 a publicly available website. 

10 ‘‘(f) FUNDING.—The Secretary may use funds made 

11 available to carry out section 503(c) to carry out this sec12 tion. 

13 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec14 tion may be construed to allow the Secretary to waive any 

15 requirement under any other provision of Federal law.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chapter 

17 5 of title 23, United States Code, is amended by adding 

18 at the end the following new item: 

‘‘520. Every Day Counts initiative.’’. 

19 (c) REPEAL.—Section 1444 of the FAST Act (23 

20 U.S.C. 101 note), and the item related to such section in 

21 the table of contents in section 1(b) of such Act, are repealed. 

22 Subtitle C—Emerging Technologies 

23 SEC. 5301. MOBILITY THROUGH ADVANCED TECHNOLOGIES. 

24 Section 503(c)(4) of title 23, United States Code, is 

25 amended— 


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1 (1) in subparagraph (A)— 

2 (A) by striking ‘‘Not later than 6 months 

3 after the date of enactment of this paragraph, 

4 the’’ and inserting ‘‘The’’; 

5 (B) by striking ‘‘establish an advanced 

6 transportation and congestion management tech7 nologies deployment’’ and inserting ‘‘establish a 

8 mobility through advanced technologies’’; 

9 (C) by inserting ‘‘mobility,’’ before ‘‘effi10 ciency,’’; and 

11 (D) by inserting ‘‘environmental impacts,’’ 

12 after ‘‘system performance,’’; 

13 (2) in subparagraph (B)— 

14 (A) by striking clause (i) and inserting the 

15 following: 

16 ‘‘(i) reduce costs, improve return on 

17 investments, and improve person through18 put and mobility, including through the op19 timization of existing transportation capac20 ity;’’; 

21 (B) in clause (iv) by inserting ‘‘bicyclist, 

22 and’’ before ‘‘pedestrian’’; 

23 (C) in clause (vii)— 

24 (i) by inserting ‘‘increasing job oppor25 tunities,’’ after ‘‘performance,’’; and 


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1 (ii) by striking ‘‘; or’’ and inserting a 

2 semicolon; 

3 (D) in clause (viii)— 

4 (i) by striking ‘‘accelerate the deploy5 ment’’ and inserting ‘‘prepare for the safe 

6 deployment’’; and 

7 (ii) by striking the period and insert8 ing ‘‘; or’’; and 

9 (E) by adding at the end the following: 

10 ‘‘(ix) reduce greenhouse gas emissions 

11 and limit the effects of climate change.’’; 

12 (3) in subparagraph (C)— 

13 (A) in clause (ii)— 

14 (i) in subclause (II)(aa) by striking 

15 ‘‘congestion’’ and inserting ‘‘congestion and 

16 delays, greenhouse gas emissions’’; 

17 (ii) in subclause (III) by inserting 

18 ‘‘economic,’’ after ‘‘mobility,’’; and 

19 (iii) in subclause (IV) by inserting 

20 ‘‘organizations representing the surface 

21 transportation workforce,’’ after ‘‘leaders,’’; 

22 and 

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

24 ‘‘(iii) CONSIDERATIONS.—An applica25 tion submitted under this paragraph may 


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1 include a description of how the proposed 

2 project would support the national goals de3 scribed in section 150(b), the achievement of 

4 metropolitan and statewide targets estab5 lished under section 150(d), or the improve6 ment of transportation system access con7 sistent with section 150(f), including 

8 through— 

9 ‘‘(I) the congestion and on-road 

10 mobile-source emissions performance 

11 measures established under section 

12 150(c)(5); or 

13 ‘‘(II) the greenhouse gas emissions 

14 performance measures established 

15 under section 150(c)(7).’’; 

16 (4) in subparagraph (D) by adding at the end 

17 the following: 

18 ‘‘(iv) PRIORITIZATION.—In awarding 

19 a grant under this paragraph, the Secretary 

20 shall prioritize projects that, in accordance 

21 with the criteria described in subparagraph 

22 (B)— 

23 ‘‘(I) improve person throughput 

24 and mobility, including through the 


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1 optimization of existing transportation 

2 capacity; 

3 ‘‘(II) deliver environmental bene4 fits; 

5 ‘‘(III) reduce the number and se6 verity of traffic crashes and increase 

7 driver, passenger, bicyclist, and pedes8 trian safety; or 

9 ‘‘(IV) reduce greenhouse gas emis10 sions and limit the effects of climate 

11 change. 

12 ‘‘(v) GRANT DISTRIBUTION.—In each 

13 fiscal year, the Secretary shall award not 

14 fewer than 3 grants under this paragraph 

15 based on the potential of the project to re16 duce the number and severity of traffic 

17 crashes and increase, driver, passenger, bi18 cyclist, and pedestrian safety. 

19 ‘‘(vi) WORKFORCE PARTNERSHIPS.—In 

20 awarding a grant under this paragraph, the 

21 Secretary shall consider, to the extent prac22 ticable, any demonstrated partnership of the 

23 applicant with representatives of the surface 

24 transportation workforce.’’; 

25 (5) in subparagraph (E)— 


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1 (A) in clause (iv) by inserting ‘‘consistent 

2 with section 5312 of title 49’’ after ‘‘systems’’; 

3 (B) in clause (vi)— 

4 (i) by inserting ‘‘, vehicle-to-pedes5 trian,’’ after ‘‘vehicle-to-vehicle’’; and 

6 (ii) by inserting ‘‘systems to improve 

7 vulnerable road user safety,’’ before ‘‘tech8 nologies associated with’’ ; 

9 (C) in clause (viii) by striking ‘‘; or’’ and 

10 inserting a semicolon; 

11 (D) in clause (ix) by striking ‘‘disabled in12 dividuals.’’ and inserting ‘‘disabled individuals, 

13 including activities under section 5316 of title 

14 49;’’; and 

15 (E) by adding at the end the following: 

16 ‘‘(x) measures to safeguard surface 

17 transportation system technologies under 

18 this subparagraph from cybersecurity 

19 threats; or 

20 ‘‘(xi) retrofitting dedicated short-range 

21 communications technology deployed as 

22 part of an existing pilot program to cellular 

23 vehicle-to-everything technology.’’; 

24 (6) by striking subparagraph (G) and inserting 

25 the following: 


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1 ‘‘(G) REPORTING.— 

2 ‘‘(i) APPLICABILITY OF LAW.—The pro3 gram under this paragraph shall be subject 

4 to the accountability and oversight require5 ments in section 106(m). 

6 ‘‘(ii) REPORT.—Not later than 3 years 

7 after the date that the first grant is award8 ed under this paragraph, and each year 

9 thereafter, the Secretary shall make avail10 able to the public on a website a report that 

11 describes the effectiveness of grant recipients 

12 in meeting their projected deployment 

13 plans, including data provided under sub14 paragraph (F) on how the program has pro15 vided benefits, such as how the program 

16 has— 

17 ‘‘(I) reduced traffic-related fatali18 ties and injuries; 

19 ‘‘(II) reduced traffic congestion 

20 and improved travel time reliability; 

21 ‘‘(III) reduced transportation-re22 lated emissions; 

23 ‘‘(IV) optimized multimodal sys24 tem performance; 


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1 ‘‘(V) improved access to transpor2 tation alternatives; 

3 ‘‘(VI) provided the public with ac4 cess to real-time integrated traffic, 

5 transit, and multimodal transpor6 tation information to make informed 

7 travel decisions; 

8 ‘‘(VII) provided cost savings to 

9 transportation agencies, businesses, 

10 and the traveling public; 

11 ‘‘(VIII) created or maintained 

12 transportation jobs and supported 

13 transportation workers; or 

14 ‘‘(IX) provided other benefits to 

15 transportation users, workers, and the 

16 general public. 

17 ‘‘(iii) CONSIDERATIONS.—If applica18 ble, the Secretary shall ensure that the ac19 tivities described in subclauses (I) and (IV) 

20 of clause (ii) reflect— 

21 ‘‘(I) any information described in 

22 subparagraph (C)(iii) that is included 

23 by an applicant; or 


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1 ‘‘(II) the project prioritization 

2 guidelines under subparagraph 

3 (D)(iv).’’; 

4 (7) in subparagraph (I) by striking ‘‘FUNDING’’ 

5 and all that follows through ‘‘the Secretary may set 

6 aside’’ and inserting the following: ‘‘FUNDING.—Of 

7 the amounts made available to carry out this para8 graph, the Secretary may set aside’’; 

9 (8) in subparagraph (J) by striking the period 

10 at the end and inserting ‘‘, except that the Federal 

11 share of the cost of a project for which a grant is 

12 awarded under this paragraph shall not exceed 80 

13 percent.’’; 

14 (9) in subparagraph (K) by striking ‘‘amount 

15 described under subparagraph (I)’’ and inserting 

16 ‘‘funds made available to carry out this paragraph’’; 

17 (10) by striking subparagraph (M) and inserting 

18 the following: 

19 ‘‘(M) GRANT FLEXIBILITY.—If, by August 1 

20 of each fiscal year, the Secretary determines that 

21 there are not enough grant applications that 

22 meet the requirements described in subparagraph 

23 (C) to carry out this paragraph for a fiscal year, 

24 the Secretary shall transfer to the technology and 

25 innovation deployment program— 


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1 ‘‘(i) any of the funds made available to 

2 carry out this paragraph in a fiscal year 

3 that the Secretary has not yet awarded 

4 under this paragraph; and 

5 ‘‘(ii) an amount of obligation limita6 tion equal to the amount of funds that the 

7 Secretary transfers under clause (i).’’; and 

8 (11) in subparagraph (N)— 

9 (A) in clause (i) by inserting ‘‘an urbanized 

10 area with’’ before ‘‘a population of’’; and 

11 (B) in clause (iii) by striking ‘‘a any’’ and 

12 inserting ‘‘any’’. 

13 SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PRO14 GRAM. 

15 (a) USE OF FUNDS FOR ITS ACTIVITIES.—Section 

16 513(c)(1) of title 23, United States Code, is amended by 

17 inserting ‘‘greenhouse gas emissions reduction,’’ before ‘‘and 

18 congestion management’’. 

19 (b) GOALS AND PURPOSES.—Section 514(a) of title 23, 

20 United States Code, is amended— 

21 (1) in paragraph (6) by striking ‘‘national 

22 freight policy goals’’ and inserting ‘‘national 

23 multimodal freight policy goals and activities de24 scribed in subtitle IX of title 49’’; 


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1 (2) by redesignating paragraphs (4), (5), and (6) 

2 as paragraphs (5), (6), and (7), respectively; and 

3 (3) by inserting after paragraph (3) the fol4 lowing: 

5 ‘‘(4) reduction of greenhouse gas emissions and 

6 mitigation of the effects of climate change;’’. 

7 (c) GENERAL AUTHORITIES AND REQUIREMENTS.— 

8 Section 515(h) of title 23, United States Code, is amend9 ed— 

10 (1) in paragraph (2)— 

11 (A) by striking ‘‘20 members’’ and inserting 

12 ‘‘25 members’’; 

13 (B) in subparagraph (A) by striking ‘‘State 

14 highway department’’ and inserting ‘‘State de15 partment of transportation’’; 

16 (C) in subparagraph (B) by striking ‘‘local 

17 highway department’’ and inserting ‘‘local de18 partment of transportation’’; 

19 (D) by striking subparagraphs (E), (F), 

20 (G), (H), (I), and (J) and inserting the fol21 lowing: 

22 ‘‘(E) a private sector representative of the 

23 intelligent transportation systems industry; 


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1 ‘‘(F) a representative from an advocacy 

2 group concerned with safety, including bicycle 

3 and pedestrian interests; 

4 ‘‘(G) a representative from a labor organi5 zation; and’’; 

6 (E) by redesignating subparagraph (K) as 

7 subparagraph (H); and 

8 (F) by striking subparagraph (L); 

9 (2) in paragraph (3)— 

10 (A) in subparagraph (A) by striking ‘‘sec11 tion 508’’ and inserting ‘‘section 6503 of title 

12 49’’; 

13 (B) in subparagraph (B)— 

14 (i) in clause (ii)— 

15 (I) by inserting ‘‘in both urban 

16 and rural areas’’ after ‘‘by users’’; and 

17 (II) by striking ‘‘; and’’ and in18 serting a semicolon; 

19 (ii) in clause (iii) by striking the pe20 riod and inserting ‘‘; and’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(iv) assess how Federal transportation 

24 resources, including programs under this 


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1 title, are being used to advance intelligent 

2 transportation systems.’’; and 

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

4 ‘‘(C) Convene not less frequently than twice 

5 each year, either in person or remotely.’’; 

6 (3) in paragraph (4) by striking ‘‘May 1’’ and 

7 inserting ‘‘April 1’’; and 

8 (4) in paragraph (5) by inserting ‘‘, except that 

9 section 14 of such Act shall not apply’’ before the pe10 riod at the end. 

11 (d) RESEARCH AND DEVELOPMENT.—Section 516(a) 

12 of title 23, United States Code, is amended by inserting 

13 ‘‘including through grants to entities or groups of entities, 

14 such as institutions of higher education,’’ after ‘‘research 

15 and development,’’. 

16 (e) RESEARCH AND DEVELOPMENT PRIORITY

17 AREAS.—Section 516(b) of title 23, United States Code, is 

18 amended— 

19 (1) by redesignating paragraphs (5), (6), and (7) 

20 as paragraphs (6), (7), and (8), respectively; 

21 (2) by inserting after paragraph (4) the fol22 lowing: 

23 ‘‘(5) demonstrate reductions in greenhouse gas 

24 emissions;’’; 


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1 (3) in paragraph (7), as so redesignated, by 

2 striking ‘‘; or’’ and inserting a semicolon; 

3 (4) in paragraph (8), as so redesignated, by 

4 striking the period and inserting a semicolon; and 

5 (5) by adding at the end the following: 

6 ‘‘(9) integrate existing observational networks 

7 and data management systems for road weather ap8 plications; or 

9 ‘‘(10) facilitate the interconnectivity of data and 

10 information technology systems across different obser11 vational networks and different users.’’. 

12 SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND 

13 MOBILITY INNOVATION CLEARINGHOUSE. 

14 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

15 49, United States Code, is further amended by adding at 

16 the end the following: 

17 ‘‘§ 5507. National highly automated vehicle and mo18 bility innovation clearinghouse 

19 ‘‘(a) IN GENERAL.—The Secretary shall make a grant 

20 to an institution of higher education engaged in research 

21 on the secondary impacts of highly automated vehicles and 

22 mobility innovation to— 

23 ‘‘(1) operate a national highly automated vehicle 

24 and mobility innovation clearinghouse; 


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1 ‘‘(2) collect, conduct, and fund research on the 

2 secondary impacts of highly automated vehicles and 

3 mobility innovation; 

4 ‘‘(3) make such research available on a public 

5 website; and 

6 ‘‘(4) conduct outreach and dissemination of the 

7 information described in this subsection to assist com8 munities. 

9 ‘‘(b) DEFINITIONS.—In this section: 

10 ‘‘(1) HIGHLY AUTOMATED VEHICLE.—The term 

11 ‘highly automated vehicle’ means a motor vehicle that 

12 is designed to be operated by a level 3 or level 4 auto13 mated driving system for trips within its operational 

14 design domain or a level 5 automated driving system 

15 for all trips according to the recommended standards 

16 published in April 2021, by the Society of Automotive 

17 Engineers International (J3016l9 202104) or, when 

18 adopted, equivalent standards established by the Sec19 retary under chapter 301 of title 49, United States 

20 Code, with respect to automated motor vehicles. 

21 ‘‘(2) MOBILITY INNOVATION.—The term ‘mobility 

22 innovation’ means an activity described in section 

23 5316, including mobility on demand and mobility as 

24 a service (as such terms are defined in such section). 


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1 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘institution of higher education’ has the meaning 

3 given the term in section 101 of the Higher Education 

4 Act of 1965 (20 U.S.C. 1001). 

5 ‘‘(4) SECONDARY IMPACTS.—The term ‘secondary 

6 impacts’ means the impacts on land use, urban de7 sign, transportation systems, real estate, accessibility, 

8 municipal budgets, social equity, availability and 

9 quality of jobs, air quality and climate, energy con10 sumption, and the environment.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chapter 

12 55 of title 49, United States Code, is amended by inserting 

13 after the item relating to section 5506, as added by this 

14 Act, the following: 

‘‘5507. National highly automated vehicle and mobility innovation clearinghouse.’’. 

15 (c) DEADLINE FOR CLEARINGHOUSE.—The Secretary 

16 of Transportation shall ensure that the institution of higher 

17 education that receives the grant described in section 

18 5507(a)(1) of title 49, United States Code, as added by sub19 section (a), shall establish the national highly automated 

20 vehicle clearinghouse described in such section not later 

21 than 180 days after the date of enactment of this Act. 


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1 SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTO2 MATED VEHICLES AND ROAD USERS. 

3 (a) PURPOSE.—The purpose of this section shall be to 

4 ensure that the increasing deployment of automated vehicles 

5 does not jeopardize the safety of road users. 

6 (b) STUDY.— 

7 (1) ESTABLISHMENT.—Not later than 9 months 

8 after the date of enactment of this Act, the Secretary 

9 of Transportation shall initiate a study on the ability 

10 of automated vehicles to safely interact with other 

11 road users. 

12 (2) CONTENTS.—In carrying out the study under 

13 paragraph (1), the Secretary shall— 

14 (A) examine the ability of automated vehi15 cles to safely interact with general road users, 

16 including vulnerable road users; 

17 (B) identify barriers to improving the safe18 ty of interactions between automated vehicles 

19 and general road users; and 

20 (C) issue recommendations to improve the 

21 safety of interactions between automated vehicles 

22 and general road users, including, at a min23 imum— 

24 (i) technology advancements with the 

25 potential to facilitate safer interactions be26 tween automated vehicles and general road 


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1 users given the safety considerations in 

2 paragraph (3); 

3 (ii) road user public awareness; and 

4 (iii) improvements to transportation 

5 planning and road design. 

6 (3) CONSIDERATIONS.—In carrying out the 

7 study under paragraph (1), the Secretary shall take 

8 into consideration whether automated vehicles can 

9 safely operate within the surface transportation sys10 tem, including— 

11 (A) the degree to which ordinary human be12 haviors make it difficult for an automated vehi13 cle to safely, reliably predict human actions; 

14 (B) unique challenges for automated vehicles 

15 in urban and rural areas; 

16 (C) the degree to which an automated vehi17 cle is capable of uniformly recognizing and re18 sponding to individuals with disabilities and in19 dividuals of different sizes, ages, races, and other 

20 varying characteristics; 

21 (D) for bicyclist, motorcyclist, and pedes22 trian road users— 

23 (i) the varying and non-standardized 

24 nature of bicyclist and pedestrian infra25 structure in different locations; 


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1 (ii) the close proximity to motor vehi2 cles within which bicyclists often operate, 

3 including riding in unprotected bike lanes 

4 and crossing lanes to make a left turn, and 

5 the risk of such close proximity; and 

6 (iii) roadways that lack marked bicy7 clist infrastructure, particularly in 

8 midsized and rural areas, on which 

9 bicyclists often operate; 

10 (E) for motorcyclist road users, the close 

11 proximity to other motor vehicles within which 

12 motorcyclists operate, including operating be13 tween lanes of slow or stopped traffic; and 

14 (F) depending on the level of automation of 

15 the vehicle, the degree to which human interven16 tion remains necessary to safely operate an auto17 mated vehicle to ensure the safety of general road 

18 users in circumstances including— 

19 (i) dangerous weather; 

20 (ii) an electronic or system malfunc21 tion of the automated vehicle; and 

22 (iii) a cybersecurity threat to the oper23 ation of the vehicle. 

24 (4) PUBLIC COMMENT.—Before conducting the 

25 study under paragraph (1), the Secretary shall proVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 01106 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 vide an opportunity for public comment on the study 

2 proposal. 

3 (c) WORKING GROUP.— 

4 (1) ESTABLISHMENT.—Not later than 6 months 

5 after the date of enactment of this Act, the Secretary 

6 of Transportation shall establish a working group to 

7 assist in the development of the study and rec8 ommendations under subsection (b). 

9 (2) MEMBERSHIP.—The working group estab10 lished under paragraph (1) shall include representa11 tion from— 

12 (A) the National Highway Traffic Safety 

13 Administration; 

14 (B) State departments of transportation; 

15 (C) local governments (other than metro16 politan planning organizations, as such term is 

17 defined in section 134(b) of title 23, United 

18 States Code); 

19 (D) transit agencies; 

20 (E) metropolitan planning organizations 

21 (as such term is defined in section 134(b) of title 

22 23, United States Code); 

23 (F) bicycle and pedestrian safety groups; 

24 (G) highway and automobile safety groups; 

25 (H) truck safety groups; 


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1 (I) law enforcement officers and first re2 sponders; 

3 (J) motor carriers and independent owner4 operators; 

5 (K) the road construction industry; 

6 (L) labor organizations; 

7 (M) academic experts on automated vehicle 

8 technologies; 

9 (N) manufacturers and developers of both 

10 passenger and commercial automated vehicles; 

11 (O) a motorcyclist rights group; and 

12 (P) other industries and entities as the Sec13 retary determines appropriate. 

14 (3) DUTIES.—The working group established 

15 under paragraph (1) shall assist the Secretary by, at 

16 a minimum— 

17 (A) assisting in the development of the scope 

18 of the study under subsection (b); 

19 (B) reviewing the data and analysis from 

20 such study; 

21 (C) provide ongoing recommendations and 

22 feedback to ensure that such study reflects the 

23 contents described in paragraphs (2) and (3) of 

24 subsection (b); and 


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1 (D) providing input to the Secretary on rec2 ommendations required under subsection 

3 (b)(2)(C). 

4 (4) APPLICABILITY OF THE FEDERAL ADVISORY

5 COMMITTEE ACT.—The working group under this sub6 section shall be subject to the Federal Advisory Com7 mittee Act (5 U.S.C. App.), except that section 14 of 

8 such Act shall not apply. 

9 (d) REPORT.—Not later than 2 years after the date 

10 of enactment of this Act, the Secretary of Transportation 

11 shall submit to the Committee on Transportation and In12 frastructure of the House of Representatives and the Com13 mittee on Commerce, Science, and Transportation of the 

14 Senate, and make publicly available, the study initiated 

15 under subsection (b), including recommendations for ensur16 ing that automated vehicles safely interact with general 

17 road users. 

18 (e) DEFINITIONS.—In this section: 

19 (1) AUTOMATED VEHICLE.—The term ‘‘auto20 mated vehicle’’ means a motor vehicle that is designed 

21 to be operated by a level 3 or level 4 automated driv22 ing system for trips within its operational design do23 main or a level 5 automated driving system for all 

24 trips according to the recommended standards pub25 lished in April 2021, by the Society of Automotive 


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1 Engineers International (J3016l9 202104) or, when 

2 adopted, equivalent standards established by the Sec3 retary under chapter 301 of title 49, United States 

4 Code, with respect to automated motor vehicles. 

5 (2) GENERAL ROAD USERS.—The term ‘‘general 

6 road users’’ means— 

7 (A) motor vehicles driven by individuals; 

8 (B) bicyclists and pedestrians; 

9 (C) motorcyclists; 

10 (D) workers in roadside construction zones; 

11 (E) emergency response vehicles, including 

12 first responders; 

13 (F) vehicles providing local government 

14 services, including street sweepers and waste col15 lection vehicles; 

16 (G) law enforcement officers; 

17 (H) personnel who manually direct traffic, 

18 including crossing guards; 

19 (I) users of shared micromobility (including 

20 bikesharing and shared scooter systems); and 

21 (J) other road users that may interact with 

22 automated vehicles, as determined by the Sec23 retary of Transportation. 


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1 (3) VULNERABLE ROAD USER.—The term ‘‘vul2 nerable road user’’ has the meaning given such term 

3 in section 148(a) of title 23, United States Code. 

4 SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPOR5 TATION TECHNOLOGY COUNCIL. 

6 (a) IN GENERAL.—Chapter 1 of title 49, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘§ 118. Nontraditional and Emerging Transportation 

9 Technology Council 

10 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor11 tation shall establish a Nontraditional and Emerging 

12 Transportation Technology Council (hereinafter referred to 

13 as the ‘Council’) in accordance with this section. 

14 ‘‘(b) MEMBERSHIP.— 

15 ‘‘(1) IN GENERAL.—The Council shall be com16 posed of the following officers of the Department of 

17 Transportation: 

18 ‘‘(A) The Secretary of Transportation. 

19 ‘‘(B) The Deputy Secretary of Transpor20 tation. 

21 ‘‘(C) The Under Secretary of Transpor22 tation for Policy. 

23 ‘‘(D) The General Counsel of the Depart24 ment of Transportation. 


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1 ‘‘(E) The Chief Information Officer of the 

2 Department of Transportation. 

3 ‘‘(F) The Assistant Secretary for Research 

4 and Technology. 

5 ‘‘(G) The Assistant Secretary for Budget 

6 and Programs. 

7 ‘‘(H) The Administrator of the Federal 

8 Aviation Administration. 

9 ‘‘(I) The Administrator of the Federal 

10 Highway Administration. 

11 ‘‘(J) The Administrator of the Federal 

12 Motor Carrier Safety Administration. 

13 ‘‘(K) The Administrator of the Federal 

14 Railroad Administration. 

15 ‘‘(L) The Administrator of the Federal 

16 Transit Administration. 

17 ‘‘(M) The Administrator of the Federal 

18 Maritime Administration. 

19 ‘‘(N) The Administrator of the National 

20 Highway Traffic Safety Administration. 

21 ‘‘(O) The Administrator of the Pipeline and 

22 Hazardous Materials Safety Administration. 

23 ‘‘(2) ADDITIONAL MEMBERS.—The Secretary 

24 may designate additional members of the Department 

25 to serve as at-large members of the Council. 


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1 ‘‘(3) CHAIR AND VICE CHAIR.—The Secretary 

2 may designate officials to serve as the Chair and Vice 

3 Chair of the Council and of any working groups of 

4 the Council. 

5 ‘‘(c) DUTIES.—The Council shall— 

6 ‘‘(1) identify and resolve any jurisdictional or 

7 regulatory gaps or inconsistencies associated with 

8 nontraditional and emerging transportation tech9 nologies, modes, or projects pending or brought before 

10 the Department to eliminate, so far as practicable, 

11 impediments to the prompt and safe deployment of 

12 new and innovative transportation technology, in13 cluding with respect to safety regulation and over14 sight, environmental review, and funding issues; 

15 ‘‘(2) coordinate the Department’s internal over16 sight of nontraditional and emerging transportation 

17 technologies, modes, or projects and engagement with 

18 external stakeholders; 

19 ‘‘(3) within applicable statutory authority other 

20 than this paragraph, develop and establish depart21 ment-wide processes, solutions, and best practices for 

22 identifying, managing and resolving issues regarding 

23 emerging transportation technologies, modes, or 

24 projects pending or brought before the Department; 

25 and 


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1 ‘‘(4) carry out such additional duties as the Sec2 retary may prescribe, to the extent consistent with 

3 this title, including subsections (f)(2) and (g) of sec4 tion 106.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chapter 

6 1 of title 49, United States Code, is amended by adding 

7 at the end the following: 

‘‘118. Nontraditional and Emerging Transportation Technology Council.’’. 

8 SEC. 5306. SURFACE TRANSPORTATION WORKFORCE RE9 TRAINING GRANT PROGRAM. 

10 (a) ESTABLISHMENT.—The Secretary of Transpor11 tation shall establish a program to make grants to eligible 

12 entities to develop a curriculum for, and establish, transpor13 tation workforce training programs in urban and rural 

14 areas to train, retrain, or upgrade the skills of surface 

15 transportation workers— 

16 (1) whose employment may be changed or wors17 ened by automation; 

18 (2) who have been separated from employment; 

19 or 

20 (3) who have received notice of impending em21 ployment loss as a result of being replaced by the use 

22 of automated vehicles. 

23 (b) ELIGIBLE ENTITIES.—The following entities shall 

24 be eligible to receive grants under this section: 

25 (1) Institutions of higher education. 


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1 (2) Consortia of institutions of higher education. 

2 (3) Nonprofit organizations with a demonstrated 

3 capacity to develop and provide career pathway pro4 grams through labor-management partnerships, pre5 apprenticeships, or registered apprenticeships on a 

6 nationwide basis. 

7 (4) Local governments. 

8 (c) LIMITATION ON AWARDS.—An entity may only re9 ceive one grant in a fiscal year under this section. 

10 (d) USE OF FUNDS.— 

11 (1) IN GENERAL.—A recipient of a grant under 

12 this section may only use grant amounts for devel13 oping and carrying out training programs, includ14 ing— 

15 (A) identifying and testing new duties for 

16 existing jobs impacted by the use of automated 

17 vehicles, including mechanical work, diagnostic 

18 work, and fleet operations management; 

19 (B) educational programs, including— 

20 (i) coursework or curricula through 

21 which participants may pursue a degree or 

22 certification; and 

23 (ii) tuition and direct education ex24 penses, excluding salaries, in connection 

25 with the education and training of surface 


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1 transportation workers whose jobs have been 

2 affected by the use of automated vehicles; 

3 and 

4 (C) employee professional development, in5 cluding worker training or retraining, including 

6 train-the-trainer programs, to upgrade the skills 

7 of surface transportation workers whose jobs have 

8 been affected by the use of automated vehicles. 

9 (2) REPORTING.—A recipient of a grant under 

10 this section shall report to the Secretary the following 

11 information: 

12 (A) The sectors of the surface transportation 

13 system from which workers are being displaced. 

14 (B) The skills and professions for which 

15 workers are being retrained. 

16 (C) How many workers have benefitted from 

17 a grant awarded under this section. 

18 (D) Relevant demographic information of 

19 impacted workers. 

20 (3) LIMITATION.—Funds made available under 

21 this section may not be used to evaluate the effective22 ness of automated vehicle technologies. 

23 (e) SELECTION CRITERIA.—In selecting grant recipi24 ents under this section, the Secretary shall consider the ex25 tent to which an applicant— 


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1 (1) demonstrates the capability to develop cur2 ricula and provide training, provide retraining, or 

3 upgrade the skills of individuals described in sub4 section (a); 

5 (2) will provide program participants with 

6 practical experience and on-the-job training; and 

7 (3) demonstrates a commitment to carry out a 

8 surface transportation workforce development pro9 gram through degree-granting programs or programs 

10 that provide other industry-recognized credentials. 

11 (f) FEDERAL SHARE.— 

12 (1) IN GENERAL.—The Federal share of the cost 

13 of a grant under this section shall be 100 percent. 

14 (2) AVAILABILITY OF FUNDS.—For a recipient of 

15 a grant under this section carrying out activities 

16 under such grant in partnership with a public trans17 portation agency that is receiving funds under section 

18 5307, 5337, or 5339 of title 49, United States Code, 

19 up to 0.5 percent of amounts made available under 

20 any such section may qualify as the non-Federal 

21 share under paragraph (1). 

22 (g) REPORT REQUIREMENTS.—Not later than 60 days 

23 after grants are awarded in a fiscal year under this section, 

24 the Secretary shall submit to the Committee on Transpor25 tation and Infrastructure of the House of Representatives 


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1 and the Committees on Commerce, Science, and Transpor2 tation, Banking, Housing, and Urban Affairs, and Envi3 ronment and Public Works of the Senate, and make publicly 

4 available, a report that includes— 

5 (1) a list of all grant recipients for such fiscal 

6 year; 

7 (2) an explanation of why each recipient was 

8 chosen in accordance with the selection criteria under 

9 subsection (e); 

10 (3) a summary of activities planned to be car11 ried out by each recipient and how such activities re12 late to the goals established under subsection (a); 

13 (4) the grant amount awarded to each recipient; 

14 and 

15 (5) the information required to be provided to 

16 the Secretary under subsection (d)(2). 

17 (h) DEFINITIONS.—In this section: 

18 (1) AUTOMATED VEHICLE.—The term ‘‘auto19 mated vehicle’’ means a motor vehicle that is designed 

20 to be operated by a level 3 or level 4 automated driv21 ing system for trips within its operational design do22 main or a level 5 automated driving system for all 

23 trips according to the recommended standards pub24 lished in April 2021, by the Society of Automotive 

25 Engineers International (J3016l9 202104) or, when 


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1 adopted, equivalent standards established by the Sec2 retary under chapter 301 of title 49, United States 

3 Code, with respect to automated motor vehicles. 

4 (2) INSTITUTION OF HIGHER EDUCATION.—The 

5 term ‘‘institution of higher education’’ has the mean6 ing given the term in section 101 of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1001). 

8 (3) PUBLIC TRANSPORTATION.—The term ‘‘pub9 lic transportation’’ has the meaning given such term 

10 in section 5302 of title 49, United States Code. 

11 (4) PRE-APPRENTICESHIP.—The term ‘‘pre-ap12 prenticeship’’ means a training model or program 

13 that prepares individuals for acceptance into a reg14 istered apprenticeship and has a demonstrated part15 nership with one or more registered apprenticeships. 

16 (5) REGISTERED APPRENTICESHIP.—The term 

17 ‘‘registered apprenticeship’’ means an apprenticeship 

18 program registered under the Act of August 16, 1937 

19 (29 U.S.C. 50 et seq.; commonly known as the ‘‘Na20 tional Apprenticeship Act’’), that satisfies the require21 ments of parts 29 and 30 of title 29, Code of Federal 

22 Regulations (as in effect on January 1, 2020). 

23 (i) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There is authorized to be ap2 propriated $50,000,000 for each of fiscal years 2023 

3 through 2026 to carry out this section. 

4 (2) AVAILABILITY OF AMOUNTS.—Amounts made 

5 available to the Secretary to carry out this section 

6 shall remain available for a period of 3 years after 

7 the last day of the fiscal year for which the amounts 

8 are authorized. 

9 SEC. 5307. THIRD-PARTY DATA INTEGRATION PILOT PRO10 GRAM. 

11 (a) IN GENERAL.—Not later than 180 days after the 

12 date of enactment of this Act, the Secretary of Transpor13 tation shall establish and implement a pilot program (in 

14 this section referred to as the ‘‘program’’) to leverage anony15 mous crowdsourced data from third-party entities to im16 prove transportation management capabilities and effi17 ciency on Federal-aid highways. 

18 (b) GOALS.—The goals of the program include the uti19 lization of anonymous crowdsourced data from third par20 ties to implement integrated traffic management systems 

21 which leverage real-time data to provide dynamic and effi22 cient traffic-flow management for purposes of— 

23 (1) adjusting traffic light cycle times to optimize 

24 traffic management and decrease congestion; 


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1 (2) expanding or contracting lane capacity to 

2 meet traffic demand; 

3 (3) enhancing traveler notification of service con4 ditions; 

5 (4) prioritizing high-priority vehicles such as 

6 emergency response and law enforcement within the 

7 transportation system; and 

8 (5) any other purposes which the Secretary 

9 deems an appropriate use of anonymous user data. 

10 (c) PARTNERSHIP.—In carrying out the program, the 

11 Secretary is authorized to enter into agreements with public 

12 and private sector entities to accomplish the goals listed in 

13 subsection (b). 

14 (d) DATA PRIVACY AND SECURITY.—The Secretary 

15 shall ensure the protection of privacy for all sources of data 

16 utilized in the program, promoting cybersecurity to prevent 

17 hacking, spoofing, and disruption of connected and auto18 mated transportation systems. 

19 (e) PROGRAM LOCATIONS.—In carrying out the pro20 gram, the Secretary shall initiate programs in a variety 

21 of areas, including urban, suburban, rural, tribal, or any 

22 other appropriate settings. 

23 (f) BEST PRACTICES.—Not later than 3 years after 

24 date of enactment of this Act, the Secretary shall publicly 

25 make available best practices to leverage private user data 


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1 to support improved transportation management capabili2 ties and efficiency, including— 

3 (1) legal considerations when acquiring private 

4 user data for public purposes; and 

5 (2) protecting privacy and security of individual 

6 user data. 

7 (g) REPORT.—The Secretary shall annually submit a 

8 report to the Committee on Transportation and Infrastruc9 ture of the House of Representatives and the Committee on 

10 Environment and Public Works of the Senate a report de11 tailing— 

12 (1) a description of the activities carried out 

13 under the pilot program; 

14 (2) an evaluation of the effectiveness of the pilot 

15 program in meeting goals descried in subsection (b); 

16 (3) policy recommendations to improve integra17 tion of systems between public and private entities; 

18 and 

19 (4) a description of costs associated with equip20 ping and maintaining systems. 

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated such sums as are necessary 

23 to carry out the program. 

24 (i) SUNSET.—On a date that is 5 years after the enact25 ment of this Act, this program shall cease to be effective. 


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1 SEC. 5308. THIRD-PARTY DATA PLANNING INTEGRATION 

2 PILOT PROGRAM. 

3 (a) IN GENERAL.—Not later than 180 days after en4 actment of this Act, the Secretary of Transportation shall 

5 establish and implement a pilot program (in this section 

6 referred to as the ‘‘program’’) to leverage anonymous 

7 crowdsourced data from third-party entities to improve 

8 transportation management capabilities and efficiency on 

9 Federal-aid highways. 

10 (b) GOALS.—The goals of the program include the uti11 lization of anonymous crowdsourced data from third par12 ties to— 

13 (1) utilize private-user data to inform infra14 structure planning decisions for the purposes of— 

15 (A) reducing congestion; 

16 (B) decreasing miles traveled; 

17 (C) increasing safety; 

18 (D) improving freight efficiency; 

19 (E) enhancing environmental conditions; 

20 and 

21 (F) other purposes as the Secretary deems 

22 necessary. 

23 (c) PARTNERSHIP.—In carrying out the program, the 

24 Secretary is authorized to enter into agreements with public 

25 and private sector entities to accomplish the goals listed in 

26 subsection (b). 


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1 (d) DATA PRIVACY AND SECURITY.—The Secretary 

2 shall ensure the protection of privacy for all sources of data 

3 utilized in the program, promoting cybersecurity to prevent 

4 hacking, spoofing, and disruption of connected and auto5 mated transportation systems. 

6 (e) PROGRAM LOCATIONS.—In carrying out the pro7 gram, the Secretary shall initiate programs in a variety 

8 of areas, including urban, suburban, rural, tribal, or any 

9 other appropriate settings. 

10 (f) BEST PRACTICES.—Not later than 3 years after 

11 date of enactment of this Act, the Secretary shall publicly 

12 make available best practices to leverage private user data 

13 to support improved transportation management capabili14 ties and efficiency, including— 

15 (1) legal considerations when acquiring private 

16 user data for public purposes; and 

17 (2) protecting privacy and security of individual 

18 user data. 

19 (g) REPORT.—The Secretary shall annually submit a 

20 report to the Committee on Transportation and Infrastruc21 ture of the House of Representatives and the Committee on 

22 Environment and Public Works of the Senate a report de23 tailing— 

24 (1) a description of the activities carried out 

25 under the pilot program; 


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1 (2) an evaluation of the effectiveness of the pilot 

2 program in meeting goals descried in subsection (b); 

3 and 

4 (3) policy recommendations to improve the im5 plementation of anonymous crowdsourced data into 

6 planning decisions. 

7 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated such sums as are necessary 

9 to carry out the program. 

10 (i) SUNSET.—On a date that is 5 years after the enact11 ment of this Act, this program shall cease to be effective. 

12 SEC. 5309. AUTOMATED COMMERCIAL VEHICLE REPORTING. 

13 (a) ESTABLISHMENT.—Not later than 1 year after the 

14 date of enactment of this Act, the Secretary of Transpor15 tation shall establish a repository for submitting entities 

16 to submit information to the Secretary on operations of 

17 automated commercial motor vehicles in interstate com18 merce. 

19 (b) PURPOSES.—The purpose of this section shall be 

20 to ensure automated commercial motor vehicle safety and 

21 transparency in developing and maintaining the repository 

22 under this section. 

23 (c) INFORMATION REQUIRED.— 

24 (1) SUBMISSIONS.—Not later than 1 year after 

25 the date of enactment of this Act, the Secretary shall 


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1 develop a process for submitting entities operating 

2 automated commercial motor vehicles in interstate 

3 commerce to provide the following information in ac4 cordance with paragraph (2): 

5 (A) The name of the submitting entity re6 sponsible for the operation of an automated com7 mercial motor vehicle or vehicles. 

8 (B) The make, model, and weight class of 

9 such vehicle or vehicles. 

10 (C) The intended level of automation of 

11 such vehicle or vehicles, according to the tax12 onomy described in subsection (f)(1). 

13 (D) The Department of Transportation 

14 number or operating authority assigned to the 

15 submitting entity described in subparagraph (A), 

16 if applicable. 

17 (E) A list of States in which the operation 

18 of such vehicle or vehicles will occur and a list 

19 of Federal-aid highways (as defined in section 

20 101(a) of title 23, United States Code) on which 

21 the operation will occur, as well as total miles 

22 traveled in the previous year on a biannual 

23 basis. 

24 (F) Any cargo classifications or passengers 

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1 cluding whether the submitting entity is trans2 porting such cargo or passengers under contract 

3 with another entity. 

4 (G) Documentation of training or certifi5 cations provided to any drivers, or other individ6 uals directly involved in the performance of the 

7 dynamic driving task or fallback during oper8 ation of the vehicle, if any. 

9 (H) Any fatigue management plans or work 

10 hour limitations applicable to drivers, if any, 

11 consistent with such standards of the Depart12 ment regarding automated commercial motor ve13 hicle drivers. 

14 (I) Law enforcement interaction plans for 

15 automated commercial motor vehicles submitted 

16 to State transportation agencies or State and 

17 local law enforcement agencies. 

18 (J) Proof of insurance coverage. 

19 (2) SUBMISSION AND UPDATES.— 

20 (A) IN GENERAL.—A submitting entity re21 sponsible for the operation of an automated com22 mercial motor vehicle shall provide the informa23 tion required under this subsection not later 

24 than 60 days after the Secretary has published 


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1 the notice establishing the process described in 

2 paragraph (1). 

3 (B) MATERIAL CHANGE OF INFORMATION.— 

4 The submitting entity responsible for the oper5 ation of an automated commercial motor vehicle 

6 shall notify the Secretary of any material 

7 changes to the information previously provided 

8 pursuant to this subsection on an annual basis, 

9 or on a more frequent basis specified by the Sec10 retary. 

11 (C) AMENDMENT AND CORRECTION.—If a 

12 submitting entity responsible for the operation of 

13 an automated commercial motor vehicle submits 

14 incomplete or inaccurate information pursuant 

15 to subsection (c), the submitting entity shall be 

16 given an opportunity to amend or correct the 

17 submission within a reasonable timeframe to be 

18 established by the Secretary. 

19 (d) PUBLIC AVAILABILITY OF INFORMATION.— 

20 (1) IN GENERAL.—The Secretary shall make 

21 available on a publicly accessible website of the De22 partment of Transportation the following information 

23 on automated commercial motor vehicles: 

24 (A) The prevalence of planned operations of 

25 such vehicles. 


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1 (B) The characteristics of such operations. 

2 (C) The geographic location of such oper3 ations in a safe manner that reflects only the 

4 most significant public road or roads on which 

5 the majority of the route takes place, as deter6 mined appropriate by the Secretary. 

7 (2) PROTECTION OF INFORMATION.—Any data 

8 collected under subsection (c) and made publicly 

9 available pursuant to this subsection shall be made 

10 available in a manner that— 

11 (A) precludes the connection of the data to 

12 any individual motor carrier, shipper, company, 

13 vehicle manufacturer, or other submitting entity 

14 submitting data; 

15 (B) protects the safety, privacy, and con16 fidentiality of individuals, operators, and sub17 mitting entities submitting the data; and 

18 (C) protects from disclosing— 

19 (i) trade secrets; and 

20 (ii) information obtained from a sub21 mitting entity that is commercial or finan22 cial and privileged or confidential, in ac23 cordance with section 552(b)(4) of title 5, 

24 United States Code. 

25 (e) CRASH DATA.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary shall 

3 require submitting entities to submit information re4 garding collisions which occur during the operation of 

5 an automated commercial motor vehicle on public 

6 roads while the vehicle’s automated driving system is 

7 engaged, including— 

8 (A) fatalities or bodily injury to persons 

9 who, as a result of the injury, immediately re10 ceive medical treatment away from the scene of 

11 a collision involving the automated commercial 

12 motor vehicle; 

13 (B) collisions or damage to property involv14 ing an automated commercial motor vehicle that 

15 results in an automated commercial motor vehi16 cle or a motor vehicle being transported away 

17 from the scene by a tow truck or other motor ve18 hicle; 

19 (C) a full description of how the collision or 

20 damage to property occurred, including, if appli21 cable, the role of the automated driving system; 

22 and 

23 (D) the mode of transportation used by any 

24 road users involved in the collision, including 


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1 general road users, as such term is defined under 

2 section 5304 of this Act. 

3 (2) DATA AVAILABILITY.—The Secretary shall 

4 ensure that any submitting entity submitting infor5 mation under this subsection that has a Department 

6 of Transportation number or operating authority 

7 from the Federal Motor Carrier Safety Administra8 tion— 

9 (A) shall be subject to safety monitoring 

10 and oversight under the Compliance, Safety, and 

11 Accountability program of the Federal Motor 

12 Carrier Safety Administration; and 

13 (B) shall be included when the Secretary re14 stores the public availability of relevant safety 

15 data under such program under section 4202(b) 

16 of this Act. 

17 (3) RULEMAKING.— 

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

19 after the date of enactment of this Act, the Sec20 retary shall initiate a rulemaking to define the 

21 term ‘‘safety incident’’, including collisions, with 

22 respect to automated commercial motor vehicle 

23 safety. 

24 (B) UPDATE.—Notwithstanding paragraph 

25 (1), the Secretary shall carry out this subsection 


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1 to require submitting entities to submit informa2 tion regarding safety incidents instead of colli3 sions upon issuing a final rule under subpara4 graph (A). 

5 (C) VOLUNTARY REPORTING.— 

6 (i) IN GENERAL.—To support the rule7 making under this paragraph, the Secretary 

8 shall establish a mechanism through which 

9 entities may voluntarily report safety data 

10 or other information regarding automated 

11 commercial motor vehicles. 

12 (ii) USE OF DATA.—The data collected 

13 under this subparagraph may only be used 

14 to support the rulemaking under this para15 graph. 

16 (iii) PROTECTION FROM DISCLO17 SURE.—Data or other information sub18 mitted under this subparagraph— 

19 (I) shall not be made publicly 

20 available; and 

21 (II) shall not be disclosed to the 

22 public by the Secretary pursuant to 

23 section 552(b)(4) of title 5, United 

24 States Code, if the data or other infor25 mation is submitted to the Secretary 


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1 voluntarily and is not required to be 

2 submitted to the Secretary under any 

3 other provision of law. 

4 (f) DEFINITIONS.—In this section: 

5 (1) AUTOMATED COMMERCIAL MOTOR VEHI6 CLE.—The term ‘‘Automated commercial motor vehi7 cle’’ means a commercial motor vehicle (as such term 

8 is defined in section 31132 of title 49, United States 

9 Code) that is designed to be operated by a level 3 or 

10 level 4 automated driving system for trips within its 

11 operational design domain or a level 5 automated 

12 driving system for all trips according to the rec13 ommended taxonomy published in April 2021, by the 

14 Society of Automotive Engineers International 

15 (J3016l202104) or, when adopted, equivalent stand16 ards established by the Secretary under chapter 301 

17 of title 49, United States Code, with respect to auto18 mated motor vehicles. 

19 (2) BROKER.—The term ‘‘broker’’ has the mean20 ing given such term under section 13102 of title 49, 

21 United States Code. 

22 (3) EMPLOYER.—The term ‘‘employer’’ has the 

23 meaning given such term under section 31132 of title 

24 49, United States Code. 


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1 (4) FREIGHT FORWARDER.—The term ‘‘freight 

2 forwarder’’ has the meaning given such term in sec3 tion 13102 of title 49, United States Code. 

4 (5) MOTOR CARRIER.—The term ‘‘motor carrier’’ 

5 has the meaning given such term in section 13102 of 

6 title 49, United States Code. 

7 (6) SUBMITTING ENTITY.—The term ‘‘submitting 

8 entity’’ means either— 

9 (A) a motor carrier; or 

10 (B) a company that is carrying out motor 

11 carrier-related operations in interstate commerce 

12 on public roads or an employer thereof, such as 

13 a motor carrier, freight forwarder, or broker. 

14 (7) TRUCK PLATOONING.—The term ‘‘truck 

15 platooning’’ means a series of commercial motor vehi16 cles traveling in a unified manner with electronically 

17 coordinated braking, acceleration, and steering with a 

18 driver in the lead commercial motor vehicle. 

19 (g) DUPLICATIVE REPORTING.— 

20 (1) IN GENERAL.—The Secretary may not re21 quire duplicative reporting. 

22 (2) JOINT SUBMISSIONS.—Submitting entities 

23 working in partnership on the same automated com24 mercial motor vehicle operational trips shall make 1 

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1 tion for each general route, as determined appropriate 

2 by the Secretary. 

3 (3) INFORMATION.—In developing the reporting 

4 process required under subsection (c), the Secretary 

5 shall ensure, to the extent practicable, that submitting 

6 entities are not required to submit information pre7 viously reported to the Secretary under chapters 139 

8 or 311 of title 49, United States Code. 

9 (h) SAVINGS PROVISION.—Nothing in this section shall 

10 add to or detract from any existing— 

11 (1) enforcement authority of the Department of 

12 Transportation; or 

13 (2) authority to operate automated commercial 

14 motor vehicles in interstate commerce on public roads. 

15 (i) PENALTIES.—An entity that violates any provision 

16 of this section shall be subject to civil penalties under sec17 tion 521(b)(2)(B), of title 49, United States Code, and 

18 criminal penalties under section 521(b)(6)(A) of such title, 

19 and any other applicable civil and criminal penalties, as 

20 determined by the Secretary. 

21 (j) TREATMENT.—In carrying out this section, the Sec22 retary shall treat truck platooning operations the same as 

23 automated commercial motor vehicles. 


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1 SEC. 5310. TASK FORCE TO PROMOTE AMERICAN VEHICLE 

2 COMPETITIVENESS. 

3 (a) IN GENERAL.—Subtitle III of title 49, United 

4 States Code, is amended by adding at the end the following: 

5 ‘‘CHAPTER 66—DOMESTIC PRODUCTION 

6 OF ELECTRIC VEHICLES 

‘‘Sec. 

‘‘6601. Task force. 

‘‘6602. Critical mineral sourcing. 

7 ‘‘§ 6601. Task force 

8 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor9 tation shall establish a Task Force to Promote American 

10 Vehicle Competitiveness (hereinafter referred to as the ‘Task 

11 Force’) in accordance with this section. 

12 ‘‘(b) MEMBERSHIP.— 

13 ‘‘(1) IN GENERAL.—The Task Force shall be com14 posed of the following officers: 

15 ‘‘(A) The Secretary of Transportation. 

16 ‘‘(B) The Secretary of the Interior. 

17 ‘‘(C) The Secretary of Commerce. 

18 ‘‘(D) The Secretary of Energy. 

19 ‘‘(E) The Administrator of the Environ20 mental Protection Agency. 

21 ‘‘(2) ADDITIONAL MEMBERS.—The Secretary 

22 may designate additional members to serve on the 

23 Task Force. 


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1 ‘‘(3) OFFICERS.—The Secretary of Transpor2 tation shall serve as Chair and may designate offi3 cials to serve as the Vice Chair, and on any working 

4 groups of the task force. 

5 ‘‘(c) DUTIES.—The Task Force shall— 

6 ‘‘(1) identify and resolve any jurisdictional or 

7 regulatory gaps or inconsistencies associated with do8 mestic sourcing and production of electric vehicle bat9 teries to eliminate, so far as practicable, impediments 

10 to the prompt and safe deployment of domestically 

11 produced electric vehicle batteries, including with re12 spect to safety regulation and oversight, environ13 mental review, and funding issues; 

14 ‘‘(2) coordinate agency oversight of nontradi15 tional and emerging electric vehicle battery sourcing 

16 and production technologies, projects, and engagement 

17 with external stakeholders; 

18 ‘‘(3) within applicable statutory authority other 

19 than this subsection, develop, recommend, and estab20 lish processes, solutions, and best practices for identi21 fying, managing, and resolving issues regarding do22 mestic sourcing and production of electric vehicle bat23 teries; and 


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1 ‘‘(4) carry out such additional duties as the Sec2 retary of Transportation may prescribe, to the extend 

3 consistent with this title. 

4 ‘‘(d) REPORT.—Not later than 12 months after the 

5 date of enactment of this section, and annually thereafter, 

6 the Task Force shall submit to the Committee on Transpor7 tation and Infrastructure of the House of Representatives 

8 and the Committee on the Environment and Public Works 

9 of the Senate a report containing findings on electric vehicle 

10 battery sourcing and production issues in the United 

11 States, recommended strategies or measures to streamline 

12 sourcing and production and promote American competi13 tiveness, and any recommended legislative solutions. 

14 ‘‘§ 6602. Critical mineral sourcing 

15 ‘‘(a) IN GENERAL.—The Secretary of Transportation, 

16 in conjunction with the Task Force to Promote American 

17 Vehicle Competitiveness, shall coordinate with the appro18 priate agencies to increase domestic sourcing of critical 

19 minerals and domestic production of electric vehicle bat20 teries. 

21 ‘‘(b) DEPARTMENT COORDINATION.—The Department 

22 of Transportation shall coordinate with the Task Force and 

23 prioritize accordingly when making awards under section 

24 5339(c) and sections 151 and 155 of title 23.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of chapters for 

2 subtitle III of title 49, United States Code, is amended by 

3 adding at the end the following new item: 

‘‘66. Domestic Production of Electric Vehicles ......................... 6601’’. 

4 Subtitle D—Surface Transportation 

5 Funding Pilot Programs 

6 SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM 

7 FUNDING PILOT. 

8 Section 6020 of the FAST Act (23 U.S.C. 503 note) 

9 is amended— 

10 (1) by striking subsection (b) and inserting the 

11 following: 

12 ‘‘(b) ELIGIBILITY.— 

13 ‘‘(1) APPLICATION.—To be eligible for a grant 

14 under this section, a State or group of States shall 

15 submit to the Secretary an application in such form 

16 and containing such information as the Secretary 

17 may require. 

18 ‘‘(2) ELIGIBLE PROJECTS.—The Secretary may 

19 provide grants to States or a group of States under 

20 this section for the following projects: 

21 ‘‘(A) STATE PILOT PROJECTS.— 

22 ‘‘(i) IN GENERAL.—A pilot project to 

23 demonstrate a user-based alternative rev24 enue mechanism in a State. 


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1 ‘‘(ii) LIMITATION.—If an applicant 

2 has previously been awarded a grant under 

3 this section, such applicant’s proposed pilot 

4 project must be comprised of core activities 

5 or iterations not substantially similar in 

6 manner or scope to activities previously 

7 carried out by the applicant with a grant 

8 for a project under this section. 

9 ‘‘(B) STATE IMPLEMENTATION PROJECTS.— 

10 A project— 

11 ‘‘(i) to implement a user-based alter12 native revenue mechanism that collects rev13 enue to be expended on projects for the sur14 face transportation system of the State; or 

15 ‘‘(ii) that demonstrates progress to16 wards implementation of a user-based alter17 native revenue mechanism, with consider18 ation for previous grants awarded to the 

19 applicant under this section.’’; 

20 (2) in subsection (c)— 

21 (A) in paragraph (1) by striking ‘‘2 or 

22 more future’’; and 

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

24 ‘‘(6) To test solutions to ensure the privacy and 

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1 menting a user-based alternative revenue mecha2 nism.’’; 

3 (3) in subsection (d) by striking ‘‘to test the de4 sign, acceptance, and implementation of a user-based 

5 alternative revenue mechanism’’ and inserting ‘‘to test 

6 the design and acceptance of, or implement, a user7 based alternative revenue mechanism’’; 

8 (4) in subsection (g) by striking ‘‘50 percent’’ 

9 and inserting ‘‘80 percent’’; 

10 (5) in subsection (i) by inserting ‘‘and con11 taining a determination of the characteristics of the 

12 most successful mechanisms with the highest potential 

13 for future widespread deployment’’ before the period 

14 at the end; and 

15 (6) by striking subsections (j) and (k) and in16 serting the following: 

17 ‘‘(j) FUNDING.—Of amounts made available to carry 

18 out this section— 

19 ‘‘(1) for fiscal year 2023, $17,500,000 shall be 

20 used to carry out projects under subsection (b)(2)(A) 

21 and $17,500,000 shall be used to carry out projects 

22 under subsection (b)(2)(B); 

23 ‘‘(2) for fiscal year 2024, $15,000,000 shall be 

24 used to carry out projects under subsection (b)(2)(A) 


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1 and $20,000,000 shall be used to carry out projects 

2 under subsection (b)(2)(B); 

3 ‘‘(3) for fiscal year 2025, $12,500,000 shall be 

4 used to carry out projects under subsection (b)(2)(A) 

5 and $22,500,000 shall be used to carry out projects 

6 under subsection (b)(2)(B); and 

7 ‘‘(4) for fiscal year 2026, $10,000,000 shall be 

8 used to carry out projects under subsection (b)(2)(A) 

9 and $25,000,000 shall be used to carry out projects 

10 under subsection (b)(2)(B). 

11 ‘‘(k) FUNDING FLEXIBILITY.—Funds made available 

12 in a fiscal year for making grants for projects under sub13 section (b)(2) that are not obligated in such fiscal year may 

14 be made available in the following fiscal year for projects 

15 under such subsection or for the national surface transpor16 tation system funding pilot under section 5402 of the IN17 VEST in America Act.’’. 

18 SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM 

19 FUNDING PILOT. 

20 (a) ESTABLISHMENT.— 

21 (1) IN GENERAL.—The Secretary of Transpor22 tation, in coordination with the Secretary of the 

23 Treasury, shall establish a pilot program to dem24 onstrate a national motor vehicle per-mile user fee to 

25 restore and maintain the long-term solvency of the 


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1 Highway Trust Fund and achieve and maintain a 

2 state of good repair in the surface transportation sys3 tem. 

4 (2) OBJECTIVES.—The objectives of the pilot pro5 gram are to— 

6 (A) test the design, acceptance, implementa7 tion, and financial sustainability of a national 

8 per-mile user fee; 

9 (B) address the need for additional revenue 

10 for surface transportation infrastructure and a 

11 national per-mile user fee; and 

12 (C) provide recommendations regarding 

13 adoption and implementation of a national per14 mile user fee. 

15 (b) PARAMETERS.—In carrying out the pilot program 

16 established under subsection (a), the Secretary of Transpor17 tation, in coordination with the Secretary of the Treasury, 

18 shall— 

19 (1) provide different methods that volunteer par20 ticipants can choose from to track motor vehicle miles 

21 traveled; 

22 (2) solicit volunteer participants from all 50 

23 States and the District of Columbia; 

24 (3) ensure an equitable geographic distribution 

25 by population among volunteer participants; 


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1 (4) include commercial vehicles and passenger 

2 motor vehicles in the pilot program; and 

3 (5) use components of, and information from, the 

4 States selected for the State surface transportation 

5 system funding pilot program under section 6020 of 

6 the FAST Act (23 U.S.C. 503 note). 

7 (c) METHODS.— 

8 (1) TOOLS.—In selecting the methods described 

9 in subsection (b)(1), the Secretary of Transportation 

10 shall coordinate with entities that voluntarily provide 

11 to the Secretary for use in the program any vehicle12 miles-traveled collection tools, which may include the 

13 following: 

14 (A) Third-party on-board diagnostic 

15 (OBD–II) devices. 

16 (B) Smart phone applications. 

17 (C) Telemetric data collected by automakers. 

18 (D) Motor vehicle data obtained by car in19 surance companies. 

20 (E) Data from the States selected for the 

21 State surface transportation system funding 

22 pilot program under section 6020 of the FAST 

23 Act (23 U.S.C. 503 note). 


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1 (F) Motor vehicle data obtained from fuel2 ing stations, electric vehicle charging infrastruc3 ture, or alternative fueling infrastructure. 

4 (G) Any other method that the Secretary 

5 considers appropriate. 

6 (2) COORDINATION.— 

7 (A) SELECTION.—The Secretary shall deter8 mine which methods under paragraph (1) are se9 lected for the pilot program. 

10 (B) VOLUNTEER PARTICIPANTS.—In a man11 ner that the Secretary considers appropriate, the 

12 Secretary shall provide each selected method to 

13 each volunteer participant. 

14 (d) PER-MILE USER FEES.—For the purposes of the 

15 pilot program established in subsection (a), the Secretary 

16 of the Treasury shall establish on an annual basis— 

17 (1) for passenger vehicles and light trucks, a per18 mile user fee that is equivalent to— 

19 (A) the average annual taxes imposed by 

20 sections 4041 and 4081 of the Internal Revenue 

21 Code of 1986 with respect to gasoline or any 

22 other fuel used in a motor vehicle (other than 

23 aviation gasoline or diesel fuel), divided by 

24 (B) the total vehicle miles traveled by pas25 senger vehicles and light trucks; and 


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1 (2) for medium- and heavy-duty trucks, a per2 mile user fee that is equivalent to— 

3 (A) the average annual taxes imposed by 

4 sections 4041 and 4081 of such Code with respect 

5 to diesel fuel, divided by 

6 (B) the total vehicle miles traveled by 

7 medium- and heavy-duty trucks. 

8 Taxes shall only be taken into account under the pre9 ceding sentence to the extent taken into account in de10 termining appropriations to the Highway Trust 

11 Fund under section 9503(b) of such Code, and the 

12 amount so determined shall be reduced to account for 

13 transfers from such fund under paragraphs (3), (4), 

14 and (5) of section 9503(c) of such Code. 

15 (e) VOLUNTEER PARTICIPANTS.—The Secretary of 

16 Transportation, in coordination with the Secretary of the 

17 Treasury, shall— 

18 (1) ensure, to the extent practicable, that an ap19 propriate number of volunteer participants partici20 pate in the pilot program; and 

21 (2) issue policies to— 

22 (A) protect the privacy of volunteer partici23 pants; and 

24 (B) secure the data provided by volunteer 

25 participants. 


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1 (f) ADVISORY BOARD.— 

2 (1) IN GENERAL.—The Secretary shall establish 

3 an advisory board to advise the Secretary on— 

4 (A) advancing and implementing the pilot 

5 program under this section; 

6 (B) carrying out the public awareness cam7 paign under subsection (g); and 

8 (C) developing the report under subsection 

9 (m). 

10 (2) MEMBERS.—The advisory board shall, at a 

11 minimum, include the following entities, to be ap12 pointed by the Secretary— 

13 (A) State departments of transportation; 

14 (B) any public or nonprofit entity that led 

15 a surface transportation system funding alter16 natives pilot project under section 6020 of the 

17 FAST Act (23 U.S.C. 503 note; Public Law 114– 

18 94) (as in effect on the day before the date of en19 actment of this Act); 

20 (C) representatives of the trucking industry, 

21 including owner-operator independent drivers; 

22 (D) data security experts with expertise in 

23 personal privacy; 

24 (E) academic experts on surface transpor25 tation; 


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1 (F) consumer advocates; and 

2 (G) advocacy groups focused on equity. 

3 (g) PUBLIC AWARENESS CAMPAIGN.— 

4 (1) IN GENERAL.—The Secretary of Transpor5 tation, with guidance from the advisory board under 

6 subsection (f), may carry out a public awareness 

7 campaign to increase public awareness regarding a 

8 national per-mile user fee, including distributing in9 formation related to the pilot program carried out 

10 under this section, information from the State surface 

11 transportation system funding pilot program under 

12 section 6020 of the FAST Act (23 U.S.C. 503 note), 

13 and information related to consumer privacy. 

14 (2) CONSIDERATIONS.—In carrying out the pub15 lic awareness campaign under this subsection, the 

16 Secretary shall consider issues unique to each State. 

17 (h) REVENUE COLLECTION.—The Secretary of the 

18 Treasury, in coordination with the Secretary of Transpor19 tation, shall establish a mechanism to collect per-mile user 

20 fees established under subsection (d) from volunteer partici21 pants. Such mechanism— 

22 (1) may be adjusted as needed to address tech23 nical challenges; and 


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1 (2) may allow third-party vendors to collect the 

2 per-mile user fees and forward such fees to the Treas3 ury. 

4 (i) AGREEMENT.—The Secretary of Transportation 

5 may enter into an agreement with a volunteer participant 

6 or an owner of data or technologies, as describe under para7 graph (c)(1) containing such terms and conditions as the 

8 Secretary considers necessary for participation in the pilot 

9 program. 

10 (j) LIMITATION.—Any revenue collected through the 

11 mechanism established in subsection (h) shall not be consid12 ered a toll under section 301 of title 23, United States Code. 

13 (k) HIGHWAY TRUST FUND.—The Secretary of the 

14 Treasury shall ensure that any revenue collected under sub15 section (h) is deposited into the Highway Trust Fund. 

16 (l) REFUND.—Not more than 45 days after the end of 

17 each calendar quarter in which a volunteer participant has 

18 participated in the pilot program, the Secretary of the 

19 Treasury shall calculate and issue an equivalent refund to 

20 volunteer participants for applicable Federal motor fuel 

21 taxes under section 4041 and section 4081 of the Internal 

22 Revenue Code of 1986, the applicable battery tax under sec23 tion 4111 of such Code, or both, if applicable. 

24 (m) REPORT TO CONGRESS.—Not later than 1 year 

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1 ticipating in the pilot program, and each year thereafter 

2 for the duration of the pilot program, the Secretary of 

3 Transportation and the Secretary of the Treasury shall sub4 mit to the Committee on Transportation and Infrastructure 

5 of the House of Representatives and the Committee on Envi6 ronment and Public Works of the Senate a report that in7 cludes an analysis of— 

8 (1) whether the objectives described in subsection 

9 (a)(2) were achieved; 

10 (2) how volunteer protections in subsection (e)(2) 

11 were complied with; 

12 (3) whether per-mile user fees can maintain the 

13 long-term solvency of the Highway Trust Fund and 

14 achieve and maintain a state of good repair in the 

15 surface transportation system; 

16 (4) how the personal privacy of volunteers was 

17 maintained; and 

18 (5) equity effects of the pilot program, including 

19 the effects of the program on low-income commuters. 

20 (n) INFORMATION COLLECTION.—Any survey, ques21 tionnaire, or interview that the Secretary determines to be 

22 necessary to carry out reporting requirements relating to 

23 any program assessment or evaluation activity under this 

24 section, including customer satisfaction assessments, shall 


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1 not be subject to chapter 35 of title 44, United States Code 

2 (commonly known as the ‘‘Paperwork Reduction Act’’). 

3 (o) SUNSET.—The pilot program established under 

4 this section shall expire on the date that is 4 years after 

5 the date on which volunteer participants begin partici6 pating in such program. 

7 (p) DEFINITIONS.—In this section, the following defi8 nitions apply: 

9 (1) COMMERCIAL VEHICLE.—The term ‘‘commer10 cial vehicle’’ has the meaning given the term commer11 cial motor vehicle in section 31101 of title 49, United 

12 States Code. 

13 (2) HIGHWAY TRUST FUND.—The term ‘‘High14 way Trust Fund’’ means the Highway Trust Fund es15 tablished under section 9503 of the Internal Revenue 

16 Code of 1986. 

17 (3) LIGHT TRUCK.—The term ‘‘light truck’’ has 

18 the meaning given the term in section 523.2 of title 

19 49, Code of Federal Regulations. 

20 (4) MEDIUM- AND HEAVY-DUTY TRUCK.—The 

21 term ‘‘medium- and heavy-duty truck’’ has the mean22 ing given the term ‘‘commercial medium- and heavy23 duty on-highway vehicle’’ in section 32901(a) of title 

24 49, United States Code. 


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1 (5) PER-MILE USER FEE.—The term ‘‘per-mile 

2 user fee’’ means a revenue mechanism that— 

3 (A) is applied to road users operating 

4 motor vehicles on the surface transportation sys5 tem; and 

6 (B) is based on the number of vehicle miles 

7 traveled by an individual road user. 

8 (6) VOLUNTEER PARTICIPANT.—The term ‘‘vol9 unteer participant’’ means— 

10 (A) an owner or lessee of an individual pri11 vate motor vehicle who volunteers to participate 

12 in the pilot program; 

13 (B) a commercial vehicle operator who vol14 unteers to participate in the pilot program; or 

15 (C) an owner of a motor vehicle fleet who 

16 volunteers to participate in the pilot program. 

17 Subtitle E—Miscellaneous 

18 SEC. 5501. ERGONOMIC SEATING WORKING GROUP. 

19 (a) IN GENERAL.— 

20 (1) ESTABLISHMENT.—Not later than 180 days 

21 after the date of enactment of this Act, the Secretary 

22 of Transportation shall convene a working group to 

23 examine the seating standards for commercial drivers. 

24 (2) MEMBERS.—At a minimum, the working 

25 group shall include— 


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1 (A) seat manufacturers; 

2 (B) commercial vehicle manufacturers; 

3 (C) transit vehicle manufacturers; 

4 (D) labor representatives for the trucking 

5 industry; 

6 (E) representatives from organizations en7 gaged in collective bargaining on behalf of tran8 sit workers in not fewer than three States; and 

9 (F) musculoskeletal health experts. 

10 (b) OBJECTIVES.—The Secretary shall pursue the fol11 lowing objectives through the working group: 

12 (1) To identify health issues, including musculo13 skeletal health issues, that afflict commercial drivers 

14 due to sitting for long periods of time while on duty. 

15 (2) To identify the impact that commercial vehi16 cle sizing, design, and safety measures have on women 

17 in comparison to men, and to identify designs that 

18 may improve the health and safety of women drivers. 

19 (3) To identify research topics for further devel20 opment and best practices to improve seating. 

21 (4) To determine ways to incorporate improved 

22 seating into manufacturing standards for public tran23 sit vehicles and commercial vehicles. 

24 (c) REPORT.— 


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1 (1) SUBMISSION.—Not later than 18 months 

2 after the date of enactment of this Act, the working 

3 group shall submit to the Secretary, the Committee on 

4 Transportation and Infrastructure of the House of 

5 Representatives, and the Committee on Banking, 

6 Housing, and Urban Affairs and the Committee on 

7 Commerce, Science, and Transportation of the Senate 

8 a report on the findings of the working group under 

9 this section and any recommendations for the adop10 tion of better ergonomic seating for commercial driv11 ers. 

12 (2) PUBLICATION.—Upon receipt of the report in 

13 paragraph (1), the Secretary shall publish the report 

14 on a publicly accessible website of the Department. 

15 (d) APPLICABILITY OF FEDERAL ADVISORY COM16 MITTEE ACT.—The Advisory Committee shall be subject to 

17 the Federal Advisory Committee Act (5 U.S.C. App.). 

18 SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED 

19 STATES CODE. 

20 (a) IN GENERAL.—Section 6314 of title 49, United 

21 States Code, is repealed. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) TITLE ANALYSIS.—The analysis for chapter 

24 63 of title 49, United States Code, is amended by 

25 striking the item relating to section 6314. 


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1 (2) SECTION 6307.—Section 6307(b) of title 49, 

2 United States Code, is amended— 

3 (A) in paragraph (1)— 

4 (i) in subparagraph (A) by striking 

5 ‘‘or section 6314(b)’’; 

6 (ii) in subparagraph (B) by striking 

7 ‘‘or section 6314(b)’’; and 

8 (iii) in subparagraph (C) by striking 

9 ‘‘or section 6314(b)’’; and 

10 (B) in paragraph (2)(A) by striking ‘‘or 

11 section 6314(b)’’. 

12 SEC. 5503. TRANSPORTATION WORKFORCE OUTREACH PRO13 GRAM. 

14 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

15 49, United States Code, is further amended by adding at 

16 the end the following: 

17 ‘‘§ 5508. Transportation workforce outreach program 

18 ‘‘(a) IN GENERAL.—The Secretary shall establish and 

19 administer a transportation workforce outreach program 

20 that carries out a series of public service announcement 

21 campaigns during fiscal years 2023 through 2026. 

22 ‘‘(b) PURPOSE.—The purpose of each campaign car23 ried out under the program shall be to achieve the following 

24 objectives: 


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1 ‘‘(1) Increase awareness of career opportunities 

2 in the transportation sector, including aviation pilots, 

3 safety inspectors, mechanics and technicians, mari4 time transportation workers, air traffic controllers, 

5 flight attendants, truck drivers, engineers, transit 

6 workers, railroad workers, and other transportation 

7 professionals. 

8 ‘‘(2) Increase diversity, including race, gender, 

9 ethnicity, and socioeconomic status, of professionals 

10 in the transportation sector. 

11 ‘‘(c) ADVERTISING.—The Secretary may use, or au12 thorize the use of, funds available to carry out the program 

13 for the development, production, and use of broadcast, dig14 ital, and print media advertising and outreach in carrying 

15 out campaigns under this section. 

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

17 out this section, there are authorized to be appropriated 

18 $5,000,000 for each fiscal years 2023 through 2026.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections for 

20 chapter 55 of subchapter I of title 49, United States Code, 

21 is further amended by inserting after the item relating to 

22 section 5507, as added by this Act, the following: 

‘‘5508. Transportation workforce outreach program.’’. 


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1 SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STA2 TISTICS. 

3 Section 6305 of title 49, United States Code, is amend4 ed— 

5 (1) in subsection (a), by striking ‘‘The Director’’ 

6 and all that follows to the period and inserting ‘‘Not7 withstanding section 418 of the FAA Reauthorization 

8 Act of 2018 (Public Law 115–254), not later than 6 

9 months after the date of enactment of the INVEST in 

10 America Act, the Director shall establish and consult 

11 with an advisory council on transportation statis12 tics.’’; and 

13 (2) by striking subsection (d)(3). 

14 SEC. 5505. GAO REVIEW OF DISCRETIONARY GRANT PRO15 GRAMS. 

16 (a) IN GENERAL.—Not later than 2 years after the 

17 date of enactment of this Act, the Comptroller General of 

18 the United States shall submit to the Committee on Trans19 portation and Infrastructure of the House of Representa20 tives and the Committee on Environment and Public 

21 Works, the Committee on Banking, Housing, and Urban Af22 fairs, and the Committee on Commerce, Science, and Trans23 portation of the Senate a review of the extent to which the 

24 Secretary is considering the needs of and awarding funding 

25 through covered discretionary grant programs to projects 

26 that serve— 


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1 (1) low-income communities; 

2 (2) minority communities; and 

3 (3) populations that are underserved or have 

4 limited transportation choices. 

5 (b) RECOMMENDATIONS.—The Comptroller General 

6 shall include as part of the review under subsection (a) rec7 ommendations to the Secretary on possible means to im8 prove consideration of projects that serve the unique needs 

9 of communities described in subsection (a)(1). 

10 (c) DEFINITION OF COVERED DISCRETIONARY GRANT

11 PROGRAM.—For purposes of this section, the term ‘‘covered 

12 discretionary grant programs’’ means the Projects of Na13 tional and Regional Significance program under section 

14 117 of title 23, the Community Transportation Investment 

15 Grant program under section 173 of such title, and the 

16 Community Climate Innovation Grant program under sec17 tion 172 of such title. 

18 TITLE VI—MULTIMODAL 

19 TRANSPORTATION 

20 SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY. 

21 Section 70101(b) of title 49, United States Code, is 

22 amended— 

23 (1) in paragraph (2) by inserting ‘‘in rural and 

24 urban areas’’ after ‘‘freight transportation’’; 

25 (2) in paragraph (7)— 


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1 (A) in subparagraph (B) by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (B) by redesignating subparagraph (C) as 

4 subparagraph (D); and 

5 (C) by inserting after subparagraph (B) the 

6 following: 

7 ‘‘(C) travel within population centers; and’’; 

8 (3) in paragraph (9) by striking ‘‘; and’’ and in9 serting the following: ‘‘including— 

10 ‘‘(A) greenhouse gas emissions; 

11 ‘‘(B) local air pollution; 

12 ‘‘(C) minimizing, capturing, or treating 

13 stormwater runoff or other adverse impacts to 

14 water quality; and 

15 ‘‘(D) wildlife habitat loss;’’; 

16 (4) by redesignating paragraph (10) as para17 graph (11); and 

18 (5) by inserting after paragraph (9) the fol19 lowing: 

20 ‘‘(10) to decrease any adverse impact of freight 

21 transportation on communities located near freight 

22 facilities or freight corridors; and’’. 


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1 SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN. 

2 Section 70102(c) of title 49, United States Code, is 

3 amended by striking ‘‘shall’’ and all that follows through 

4 the end and inserting the following: ‘‘shall— 

5 ‘‘(1) update the plan and publish the updated 

6 plan on the public website of the Department of 

7 Transportation; and 

8 ‘‘(2) include in the update described in para9 graph (1)— 

10 ‘‘(A) each item described in subsection (b); 

11 and 

12 ‘‘(B) best practices to reduce the adverse en13 vironmental impacts of freight-related— 

14 ‘‘(i) greenhouse gas emissions; 

15 ‘‘(ii) local air pollution; 

16 ‘‘(iii) stormwater runoff or other ad17 verse impacts to water quality; and 

18 ‘‘(iv) wildlife habitat loss.’’. 

19 SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK. 

20 Section 70103 of title 49, United States Code, is 

21 amended— 

22 (1) in subsection (b)(2)(C) by striking ‘‘of the 

23 United States that have’’ and inserting the following: 

24 ‘‘of the United States that— 

25 ‘‘(i) have a total annual value of cargo 

26 of at least $1,000,000,000, as identified by 


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1 United States Customs and Border Protec2 tion and reported by the Bureau of the Cen3 sus; or 

4 ‘‘(ii) have’’; and 

5 (2) in subsection (c)— 

6 (A) in paragraph (1) by striking ‘‘Not later 

7 than 1 year after the date of enactment of this 

8 section,’’ and inserting the following: 

9 ‘‘(A) REPORT TO CONGRESS.—Not later 

10 than 30 days after the date of enactment of the 

11 INVEST in America Act, the Secretary shall 

12 submit to the Committee on Transportation and 

13 Infrastructure of the House of Representatives 

14 and the Committee on Commerce, Science, and 

15 Transportation of the Senate a report detailing 

16 a plan to designate a final National Multimodal 

17 Freight Network, including a detailed summary 

18 of the resources within the Office of the Secretary 

19 that will be dedicated to carrying out such plan. 

20 ‘‘(B) DESIGNATION OF NATIONAL

21 MULTIMODAL FREIGHT NETWORK.—Not later 

22 than 60 days after the submission of the report 

23 described in subparagraph (A),’’; 

24 (B) in paragraph (3)(C)— 


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1 (i) by inserting ‘‘and metropolitan 

2 planning organizations’’ after ‘‘States’’; and 

3 (ii) by striking ‘‘paragraph (4)’’ and 

4 inserting ‘‘paragraphs (4) and (5)’’; 

5 (C) in paragraph (4)— 

6 (i) in the header by inserting ‘‘AND

7 METROPOLITAN PLANNING ORGANIZATION’’ 

8 after ‘‘STATE’’; 

9 (ii) by redesignating subparagraph (D) 

10 as subparagraph (E); and 

11 (iii) by striking subparagraph (C) and 

12 inserting the following: 

13 ‘‘(C) CRITICAL URBAN FREIGHT FACILITIES

14 AND CORRIDORS.— 

15 ‘‘(i) AREA WITH A POPULATION OF

16 OVER 500,000.—In an urbanized area with a 

17 population of 500,000 or more individuals, 

18 the representative metropolitan planning 

19 organization, in consultation with the 

20 State, may designate a freight facility or 

21 corridor within the borders of the State as 

22 a critical urban freight facility or corridor. 

23 ‘‘(ii) AREA WITH A POPULATION OF

24 LESS THAN 500,000.—In an urbanized area 

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1 viduals, the State, in consultation with the 

2 representative metropolitan planning orga3 nization, may designate a freight facility or 

4 corridor within the borders of the State as 

5 a critical urban freight corridor. 

6 ‘‘(iii) DESIGNATION.—A designation 

7 may be made under subparagraph (i) or 

8 (ii) if the facility or corridor is in an ur9 banized area, regardless of population, and 

10 such facility or corridor— 

11 ‘‘(I) provides access to the pri12 mary highway freight system, the 

13 Interstate system, or an intermodal 

14 freight facility; 

15 ‘‘(II) is located within a corridor 

16 of a route on the primary highway 

17 freight system and provides an alter18 native option important to goods move19 ment; 

20 ‘‘(III) serves a major freight gen21 erator, logistics center, or manufac22 turing and warehouse industrial land; 

23 ‘‘(IV) connects to an international 

24 port of entry; 


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1 ‘‘(V) provides access to a signifi2 cant air, rail, water, or other freight 

3 facility in the State; or 

4 ‘‘(VI) is important to the move5 ment of freight within the region, as 

6 determined by the metropolitan plan7 ning organization or the State. 

8 ‘‘(D) LIMITATION.—A State may propose 

9 additional designations to the National 

10 Multimodal Freight Network in the State in an 

11 amount that is— 

12 ‘‘(i) for a highway project, not more 

13 than 20 percent of the total mileage des14 ignated by the Under Secretary in the 

15 State; and 

16 ‘‘(ii) for a non-highway project, using 

17 a limitation determined by the Under Sec18 retary.’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(5) REQUIRED NETWORK COMPONENTS.—In 

21 designating or redesignating the National Multimodal 

22 Freight Network, the Under Secretary shall ensure 

23 that the National Multimodal Freight Network in24 cludes the components described in subsection (b)(2).’’. 


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1 SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES. 

2 Section 70201(a) of title 49, United States Code, is 

3 amended by striking ‘‘and local governments’’ and inserting 

4 ‘‘local governments, metropolitan planning organizations, 

5 and the departments with responsibility for environmental 

6 protection and air quality of the State’’. 

7 SEC. 6005. STATE FREIGHT PLANS. 

8 Section 70202(b) of title 49, United States Code, is 

9 amended— 

10 (1) in paragraph (3)(A) by inserting ‘‘and 

11 urban’’ after ‘‘rural’’; 

12 (2) in paragraph (9) by striking ‘‘; and’’ and in13 serting a semicolon; 

14 (3) by redesignating paragraph (10) as para15 graph (12); and 

16 (4) by inserting after paragraph (9) the fol17 lowing: 

18 ‘‘(10) strategies and goals to decrease freight-re19 lated— 

20 ‘‘(A) greenhouse gas emissions; 

21 ‘‘(B) local air pollution; 

22 ‘‘(C) stormwater runoff or other adverse im23 pacts to water quality; and 

24 ‘‘(D) wildlife habitat loss; 

25 ‘‘(11) strategies and goals to decrease any ad26 verse impact of freight transportation on communities 


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1 located near freight facilities or freight corridors; 

2 and’’. 

3 SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE. 

4 (a) STUDY.—Not later than 90 days after the date of 

5 enactment of this Act, the Secretary of Transportation, in 

6 consultation with the Secretary of the Treasury and the 

7 Commissioner of the Internal Revenue Service, shall estab8 lish a joint task force to study the establishment and admin9 istration of a fee on multimodal freight surface transpor10 tation services. 

11 (b) CONTENTS.—The study required under subsection 

12 (a) shall include the following: 

13 (1) An estimation of the revenue that a fee of up 

14 to 1 percent on freight transportation services would 

15 raise. 

16 (2) An identification of the entities that would 

17 be subject to such a fee paid by the owners or sup18 pliers of cargo. 

19 (3) An analysis of the administrative capacity of 

20 Federal agencies and freight industry participants to 

21 collect such a fee and ensure compliance with fee re22 quirements. 

23 (4) Policy options to prevent avoidance of such 

24 a fee, including diversion of freight services to foreign 

25 countries. 


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1 (c) REPORT.—Not later than 1 year after the date of 

2 enactment of this Act, the Secretary of Transportation shall 

3 submit to the Committee on Transportation and Infrastruc4 ture and the Committee on Ways and Means of the House 

5 of Representatives and the Committee on Environment and 

6 Public Works and the Committee on Finance of the Senate 

7 the study required under subsection (a). 

8 SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND IN9 NOVATIVE FINANCE BUREAU. 

10 Section 116 of title 49, United States Code, is amend11 ed— 

12 (1) in subsection (b) by striking paragraph (1) 

13 and inserting the following: 

14 ‘‘(1) to provide assistance and communicate best 

15 practices and financing and funding opportunities to 

16 eligible entities for the programs referred to in sub17 section (d)(1), including by— 

18 ‘‘(A) conducting proactive outreach to com19 munities located outside of metropolitan or 

20 micropolitan statistical areas (as such areas are 

21 defined by the Office of Management and Budg22 et) using data from the most recent decennial 

23 Census; and 

24 ‘‘(B) coordinating with the Office of Rural 

25 Development of the Department of Agriculture, 


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1 the Office of Community Revitalization of the 

2 Environmental Protection Agency, and any 

3 other agencies that provide technical assistance 

4 for rural communities, as determined by the Ex5 ecutive Director;’’; 

6 (2) by redesignating subsection (j) as subsection 

7 (k); and 

8 (3) by inserting after subsection (i) the following: 

9 ‘‘(j) ANNUAL PROGRESS REPORT.—Not later than 1 

10 year after the date of enactment of this subsection, and an11 nually thereafter, the Executive Director shall submit to the 

12 Committee on Transportation and Infrastructure of the 

13 House of Representatives and the Committee on Environ14 ment and Public Works of the Senate a report detailing— 

15 ‘‘(1) the use of funds authorized under section 

16 605(f) of title 23; and 

17 ‘‘(2) the progress of the Bureau in carrying out 

18 the purposes described in subsection (b).’’. 

19 SEC. 6008. TRANSPORTATION EQUITY ADVISORY COM20 MITTEE. 

21 (a) ESTABLISHMENT.— 

22 (1) IN GENERAL.—Not later than 120 days after 

23 the date of enactment of this Act, the Secretary of 

24 Transportation shall establish an advisory committee, 

25 to be known as the Transportation Equity Committee 


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1 (referred to in this section as the ‘‘Committee’’), re2 garding comprehensive and interdisciplinary issues 

3 related to transportation equity from a variety of 

4 stakeholders in transportation planning, design, re5 search, policy, and advocacy. 

6 (2) PURPOSE OF THE ADVISORY COMMITTEE.— 

7 The Committee established under paragraph (1) shall 

8 provide independent advice and recommendations to 

9 the Secretary on transportation equity, including de10 veloping a strategic plan with recommendations to 

11 the Secretary on national transportation metrics and 

12 the effect on such factors as economic development, 

13 connectivity, and public engagement. 

14 (b) DUTIES.—The Committee shall evaluate the work 

15 of the Department of Transportation in connecting people 

16 to economic and related forms of opportunity and revitalize 

17 communities in carrying out its strategic, research, techno18 logical, regulatory, community engagement, and economic 

19 policy activities related to transportation and opportunity. 

20 Decisions directly affecting implementation of transpor21 tation policy remain with the Secretary. 

22 (c) MEMBERSHIP.— 

23 (1) IN GENERAL.—The Secretary shall appoint 

24 an odd number of members of not less than 9 but not 

25 more than 15 members (with a quorum consisting of 


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1 a majority of members rounded up to the nearest odd 

2 number), to include balanced representation from 

3 academia, community groups, industry and business, 

4 non-governmental organizations, State and local gov5 ernments, federally recognized Tribal Governments, 

6 advocacy organizations, and indigenous groups with 

7 varying points of view. 

8 (2) BROAD REPRESENTATION.—To the extent 

9 practicable, members of the Committee shall reflect a 

10 variety of backgrounds and experiences, geographic 

11 diversity, including urban, rural, tribal, territories, 

12 and underserved and marginalized communities 

13 throughout the country, and individuals with exper14 tise in related areas such as housing, health care, and 

15 the environment. 

16 (3) REPLACEMENT FOR NON-ACTIVE MEMBERS

17 .—The Secretary may remove a non-active member 

18 who misses 3 consecutive meetings and appoint a re19 placement to service for the period of time set forth 

20 in paragraph (5). 

21 (4) MEETINGS.—The Committee shall meet not 

22 less than 2 times each year with not more than 9 

23 months between meetings at a reasonable time, in a 

24 place accessible to the public, and in a room large 

25 enough to accommodate the Committee members, staff, 


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1 and reasonable number of interested members of the 

2 public. The room in which the Committee meets shall 

3 be large enough to accommodate at least 100 and 

4 shall be compliant with the Americans with Disabil5 ities Act of 1990 (42 U.S.C. 12101 et seq.). 

6 (5) TERM.—Each member of the Committee shall 

7 serve a 2-year term with not more than 2 consecutive 

8 term reappointments, but may continue service until 

9 a replacement is appointed. 

10 (6) SUPPORT.—The Office of the Under Sec11 retary for Policy of the Department of the Depart12 ment of Transportation shall provide necessary fund13 ing, logistics, and administrative support for the 

14 Committee. 

15 (d) APPLICATION OF FACA.—The Federal Advisory 

16 Committee Act (5 U.S.C. App.) shall apply to the Com17 mittee established under this section, with the exception of 

18 section 14 of such Act. 

19 SEC. 6009. SENSE OF CONGRESS. 

20 It is the sense of the Congress that walking, bicycling, 

21 and public transportation are complementary modes of 

22 transportation, and that pedestrian and bicycle pathways 

23 and related improvements within the right-of-way of public 

24 transportation are an appropriate use of the right-of-way 

25 for the benefit of the public, do not exceed the reasonable 


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1 use of the right-of-way, and every effort should be made to 

2 support the development and safe operation of such pedes3 trian and bicycle pathways. 

4 TITLE VII—TRANSPORTATION 

5 INFRASTRUCTURE FINANCE 

6 AND INNOVATION ACT 

7 SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE 

8 AND INNOVATION ACT. 

9 (a) CREDITWORTHINESS.—Section 602(a)(2) of title 

10 23, United States Code, is amended— 

11 (1) in subparagraph (A)(iv)— 

12 (A) by striking ‘‘a rating’’ and inserting 

13 ‘‘an investment grade rating’’; and 

14 (B) by striking ‘‘$75,000,000’’ and inserting 

15 ‘‘$150,000,000’’; and 

16 (2) in subparagraph (B)— 

17 (A) by striking ‘‘the senior debt’’ and insert18 ing ‘‘senior debt’’; and 

19 (B) by striking ‘‘credit instrument is for an 

20 amount less than $75,000,000’’ and inserting 

21 ‘‘total amount of other senior debt and the Fed22 eral credit instrument is less than 

23 $150,000,000’’. 

24 (b) BUY AMERICA APPLICATION.—Section 602(c)(1) of 

25 title 23, United States Code, is amended by striking ‘‘of 


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1 title 49’’ inserting ‘‘and section 22905(a) of title 49, subject 

2 to the requirements of section 5320(o) of title 49,’’. 

3 (c) NON-FEDERAL SHARE.—Section 603(b) of title 23, 

4 United States Code, is amended by striking paragraph (8) 

5 and inserting the following: 

6 ‘‘(8) NON-FEDERAL SHARE.—Notwithstanding 

7 paragraph (9) and section 117(j)(2), the proceeds of 

8 a secured loan under the TIFIA program shall be con9 sidered to be part of the non-Federal share of project 

10 costs required under this title or chapter 53 of title 

11 49, if the loan is repayable from non-Federal funds.’’. 

12 (d) EXEMPTION OF FUNDS FROM TIFIA FEDERAL

13 SHARE REQUIREMENT.—Section 603(b)(9) of title 23, 

14 United States Code, is amended by adding at the end the 

15 following: 

16 ‘‘(C) TERRITORIES.—Funds provided for a 

17 territory under section 165(c) shall not be con18 sidered Federal assistance for purposes of sub19 paragraph (A).’’. 

20 (e) STREAMLINED APPLICATION PROCESS.—Section 

21 603(f) of title 23, United States Code, is amended by adding 

22 at the end the following: 

23 ‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DECI24 SIONS.— 


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

2 days after the date of enactment of this para3 graph, the Secretary shall implement an expe4 dited decision timeline for public agency bor5 rowers seeking secured loans that meet— 

6 ‘‘(i) the terms under paragraph (2); 

7 and 

8 ‘‘(ii) the additional criteria described 

9 in subparagraph (B). 

10 ‘‘(B) ADDITIONAL CRITERIA.—The addi11 tional criteria referred to in subparagraph 

12 (A)(ii) are the following: 

13 ‘‘(i) The secured loan is made on terms 

14 and conditions that substantially conform 

15 to the conventional terms and conditions es16 tablished by the National Surface Transpor17 tation Innovative Finance Bureau. 

18 ‘‘(ii) The secured loan is rated in the 

19 A category or higher. 

20 ‘‘(iii) The TIFIA program share of eli21 gible project costs is 33 percent or less. 

22 ‘‘(iv) The applicant demonstrates a 

23 reasonable expectation that the contracting 

24 process for the project can commence by not 

25 later than 90 days after the date on which 


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1 a Federal credit instrument is obligated for 

2 the project under the TIFIA program. 

3 ‘‘(v) The project has received a categor4 ical exclusion, a finding of no significant 

5 impact, or a record of decision under the 

6 National Environmental Policy Act of 1969 

7 (42 U.S.C. 4321 et seq.). 

8 ‘‘(C) WRITTEN NOTICE.—The Secretary 

9 shall provide to an applicant seeking a secured 

10 loan under the expedited decision process under 

11 this paragraph a written notice informing the 

12 applicant whether the Secretary has approved or 

13 disapproved the application by not later than 

14 180 days after the date on which the Secretary 

15 submits to the applicant a letter indicating that 

16 the National Surface Transportation Innovative 

17 Finance Bureau has commenced the credit18 worthiness review of the project.’’. 

19 (f) ASSISTANCE TO SMALL PROJECTS.—Section 

20 605(f)(1) of title 23, United States Code, is amended by 

21 striking ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. 

22 (g) ADMINISTRATIVE FUNDS.—Section 608(a)(5) of 

23 title 23, United States Code, is amended by striking 

24 ‘‘$6,875,000’’ and all that follows through the period and 


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1 inserting ‘‘2.5 percent for the administration of the TIFIA 

2 program.’’. 

3 (h) APPLICATION PROCESS REPORT.—Section 

4 609(b)(2)(A) of title 23, United States Code, is amended— 

5 (1) in clause (iv) by striking ‘‘and’’; 

6 (2) in clause (v) by striking the period at the 

7 end and inserting ‘‘; and’’; and 

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

9 ‘‘(vi) whether the project is located in 

10 a metropolitan statistical area, 

11 micropolitan statistical area, or neither (as 

12 such areas are defined by the Office of Man13 agement and Budget).’’. 

14 (i) STATUS REPORTS.—Section 609 of title 23, United 

15 States Code, is amended by adding at the end the following: 

16 ‘‘(c) STATUS REPORTS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall publish 

18 on the website for the TIFIA program— 

19 ‘‘(A) on a monthly basis, a current status 

20 report on all submitted letters of interest and ap21 plications received for assistance under the 

22 TIFIA program; and 

23 ‘‘(B) on a quarterly basis, a current status 

24 report on all approved applications for assist25 ance under the TIFIA program. 


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1 ‘‘(2) INCLUSIONS.—Each monthly and quarterly 

2 status report under paragraph (1) shall include, at a 

3 minimum, with respect to each project included in the 

4 status report— 

5 ‘‘(A) the name of the party submitting the 

6 letter of interest or application; 

7 ‘‘(B) the name of the project; 

8 ‘‘(C) the date on which the letter of interest 

9 or application was received; 

10 ‘‘(D) the estimated project eligible costs; 

11 ‘‘(E) the type of credit assistance sought; 

12 and 

13 ‘‘(F) the anticipated fiscal year and quarter 

14 for closing of the credit assistance.’’. 

15 DIVISION C—HAZARDOUS 

16 MATERIALS TRANSPORTATION 

17 SEC. 8001. SHORT TITLE. 

18 This division may be cited as the ‘‘Improving Haz19 ardous Materials Safety Act of 2021’’. 

20 TITLE I—AUTHORIZATIONS 

21 SEC. 8101. AUTHORIZATION OF APPROPRIATIONS. 

22 Section 5128 of title 49, United States Code, is amend23 ed— 

24 (1) in subsection (a) by striking paragraphs (1) 

25 through (5) and inserting the following: 


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1 ‘‘(1) $75,000,000 for fiscal year 2022; 

2 ‘‘(2) $70,000,000 for fiscal year 2023; 

3 ‘‘(3) $71,000,000 for fiscal year 2024; 

4 ‘‘(4) $73,000,000 for fiscal year 2025; and 

5 ‘‘(5) $74,000,000 for fiscal year 2026.’’; 

6 (2) in subsection (b)— 

7 (A) by striking ‘‘fiscal years 2016 through 

8 2020’’ and inserting ‘‘fiscal years 2022 through 

9 2026’’; 

10 (B) in paragraph (1) by striking 

11 ‘‘$21,988,000’’ and inserting ‘‘$24,025,000’’; and 

12 (C) in paragraph (4) by striking 

13 ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; 

14 (3) in subsection (c) by striking ‘‘$4,000,000 for 

15 each of fiscal years 2016 through 2020’’ and inserting 

16 ‘‘$5,000,000 for each of fiscal years 2022 through 

17 2026’’; 

18 (4) in subsection (d) by striking ‘‘$1,000,000 for 

19 each of fiscal years 2016 through 2020’’ and inserting 

20 ‘‘$4,000,000 for each of fiscal years 2022 through 

21 2026’’; 

22 (5) by redesignating subsection (e) as subsection 

23 (f); and 

24 (6) by inserting after subsection (d) the fol25 lowing: 


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1 ‘‘(e) ASSISTANCE WITH LOCAL EMERGENCY RE2 SPONDER TRAINING GRANTS.—From the Hazardous Mate3 rials Emergency Preparedness Fund established under sec4 tion 5116(h), the Secretary may expend $1,800,000 for each 

5 of fiscal years 2022 through 2026 to carry out the grant 

6 program under section 5107(j).’’. 

7 TITLE II—HAZARDOUS MATE8 RIALS SAFETY AND IMPROVE9 MENT 

10 SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED 

11 TO LITHIUM CELLS AND BATTERIES. 

12 (a) REPEAL.—Section 828 of the FAA Modernization 

13 and Reform Act of 2012 (49 U.S.C. 44701 note), and the 

14 item relating to such section in the table of contents in sec15 tion 1(b) of such Act, are repealed. 

16 (b) CONFORMING AMENDMENTS.—Section 333 of the 

17 FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) 

18 is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘(A) IN GENERAL.—’’ 

22 and all that follows through ‘‘the Secretary’’ 

23 and inserting ‘‘The Secretary’’; and 

24 (ii) by striking subparagraph (B); and 


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1 (B) in paragraph (2) by striking ‘‘Pursuant 

2 to section 828 of the FAA Modernization and Re3 form Act of 2012 (49 U.S.C. 44701 note), the 

4 Secretary’’ and inserting ‘‘The Secretary’’; 

5 (2) by striking paragraph (4) of subsection (b); 

6 and 

7 (3) by striking paragraph (1) of subsection (h) 

8 and inserting the following: 

9 ‘‘(1) ICAO TECHNICAL INSTRUCTIONS.—The 

10 term ‘ICAO Technical Instructions’ means the Inter11 national Civil Aviation Organization Technical In12 structions for the Safe Transport of Dangerous Goods 

13 by Air.’’. 

14 (c) LITHIUM BATTERY SAFETY EVALUATION AND RE15 PORT.— 

16 (1) IN GENERAL.—Not later than 120 days after 

17 the date of enactment of this Act, the Administrator 

18 of the Pipeline and Hazardous Materials Safety Ad19 ministration, in coordination with the Administrator 

20 of the Federal Aviation Administration, shall evaluate 

21 outstanding recommendations of the National Trans22 portation Safety Board regarding transportation of 

23 lithium batteries by air. 

24 (2) REPORT.—Not later than 180 days after the 

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1 portation shall submit to the Committee on Transpor2 tation and Infrastructure of the House of Representa3 tives and the Committee on Commerce, Science, and 

4 Transportation of the Senate, a report on the evalua5 tion described in paragraph (1). 

6 SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS 

7 BY RAIL TANK CAR. 

8 (a) STAY OF AUTHORIZATION FOR TRANSPORTATION

9 OF LIQUEFIED NATURAL GAS BY TANK CAR.— 

10 (1) IN GENERAL.—Any regulation authorizing 

11 the transportation of liquefied natural gas by rail 

12 tank car issued before the date of enactment of this 

13 Act shall have no force or effect until— 

14 (A) the Secretary of Transportation con15 ducts the evaluation, testing, and analysis re16 quired in subsections (b), (c), and (d); 

17 (B) the Secretary issues the report required 

18 by subsection (e); 

19 (C) the Comptroller General of the United 

20 States completes the evaluation and report re21 quired under subsection (g); and 

22 (D) the Secretary issues a final rule updat23 ing the regulation described in this paragraph 

24 that incorporates the additional data, research, 

25 and analysis required under this section. 


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1 (2) PERMIT OR APPROVAL.—The Secretary shall 

2 rescind any special permit or approval for the trans3 portation of liquefied natural gas by rail tank car 

4 issued before the date of enactment of this Act. 

5 (b) EVALUATION.—Not later than 120 days after the 

6 date of enactment of this Act, the Administrator of the Pipe7 line and Hazardous Materials Safety Administration, in 

8 coordination with the Administrator of the Federal Rail9 road Administration, shall initiate an evaluation of the 

10 safety, security, and environmental risks of transporting 

11 liquefied natural gas by rail. 

12 (c) TESTING.—In conducting the evaluation under 

13 subsection (a), the Administrator of the Pipeline and Haz14 ardous Materials Safety shall— 

15 (1) perform physical testing of rail tank cars, in16 cluding, at a minimum, the DOT–113C120–W9 speci17 fication, to evaluate the performance of such rail tank 

18 cars in the event of an accident or derailment, includ19 ing evaluation of the extent to which design and con20 struction features such as steel thickness and valve 

21 protections prevent or mitigate the release of liquefied 

22 natural gas; 

23 (2) analyze multiple release scenarios, including 

24 derailments, front-end collisions, rear-end collisions, 

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1 tures, and impact of an incendiary device, at a min2 imum of three speeds of travel with a sufficient range 

3 of speeds to evaluate the safety, security, and environ4 mental risks posed under real-world operating condi5 tions; and 

6 (3) examine the effects of exposure to climate 

7 conditions across rail networks, including tempera8 ture, humidity, and any other factors that the Ad9 ministrator of the Federal Railroad Administration 

10 determines could influence performance of rail tank 

11 cars and components of such rail tank cars. 

12 (d) OTHER FACTORS TO CONSIDER.—In conducting 

13 the evaluation under subsection (b), the Administrator of 

14 the Pipeline and Hazardous Materials Safety shall evaluate 

15 the impact of a discharge of liquefied natural gas from a 

16 rail tank car on public safety and the environment, and 

17 consider— 

18 (1) the safety benefits of route restrictions, speed 

19 restrictions, enhanced brake requirements, personnel 

20 requirements, rail tank car technological require21 ments, and other operating controls; 

22 (2) the inclusion of consist restrictions, including 

23 limitations on the arrangement and quantity of rail 

24 tank cars carrying liquefied natural gas in any given 

25 consist; 


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1 (3) the identification of potential impact areas, 

2 and the number of homes and structures potentially 

3 endangered by a discharge in rural, suburban, and 

4 urban environments; 

5 (4) the impact of discharge on the environment, 

6 including air quality impacts; 

7 (5) the benefits of advanced notification to the 

8 Department of Transportation, State Emergency Re9 sponse Commissions, and Tribal Emergency Response 

10 Commissions of routes for moving liquefied natural 

11 gas by rail tank car; 

12 (6) how first responders respond to an incident, 

13 including the extent to which specialized equipment 

14 or training would be required and the cost to commu15 nities for acquiring any necessary equipment or 

16 training; 

17 (7) whether thermal radiation could occur from 

18 a discharge; 

19 (8) an evaluation of the rail tank car authorized 

20 by the Secretary of Transportation for liquefied nat21 ural gas or similar cryogenic liquids, and a deter22 mination of whether specific safety enhancements or 

23 new standards are necessary to ensure the safety of 

24 rail transport of liquefied natural gas; and 


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1 (9) the risks posed by the transportation of lique2 fied natural gas by International Organization for 

3 Standardization containers authorized by the Federal 

4 Railroad Administration. 

5 (e) REPORT.—Not later than 2 years after the date of 

6 enactment of this Act, the Secretary of Transportation shall 

7 submit to the Committee on Transportation and Infrastruc8 ture of the House of Representatives and the Committee on 

9 Commerce, Science, and Transportation of the Senate, and 

10 make available to the public— 

11 (1) a report based on the evaluation and testing 

12 conducted under subsections (b) and (c), which shall 

13 include the results of the evaluation and testing and 

14 recommendations for mitigating or eliminating the 

15 safety, security, environmental, and other risks of an 

16 accident or incident involving the transportation of 

17 liquefied natural gas by rail; and 

18 (2) a complete list of all research related to the 

19 transportation of liquefied natural gas by rail con20 ducted by the Federal Railroad Administration, the 

21 Pipeline and Hazardous Materials Safety Adminis22 tration, or any other entity of the Federal Govern23 ment since 2010 that includes, for each research 

24 item— 


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1 (A) the title of any reports or studies pro2 duced with respect to the research; 

3 (B) the agency, entity, or organization per4 forming the research; 

5 (C) the names of all authors and co-authors 

6 of any report or study produced with respect to 

7 the research; and 

8 (D) the date any related report was pub9 lished or is expected to publish. 

10 (f) DATA COLLECTION.—The Administrator of the 

11 Federal Railroad Administration and the Administrator of 

12 the Pipeline and Hazardous Materials Safety Administra13 tion shall collect any relevant data or records necessary to 

14 complete the evaluation required by subsection (b). 

15 (g) GAO REPORT.—After the evaluation required by 

16 subsection (b) has been completed, the Comptroller General 

17 shall conduct an independent evaluation to verify that the 

18 Federal Railroad Administration and the Pipeline and 

19 Hazardous Materials Safety Administration complied with 

20 the requirements of this Act, and transmit to the Committee 

21 on Transportation and Infrastructure of the House of Rep22 resentatives and the Committee on Commerce, Science, and 

23 Transportation of the Senate a report on the findings of 

24 such independent evaluation. 


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1 (h) FUNDING.—From the amounts made available for 

2 fiscal year 2022 under section 5128(a) of title 49, United 

3 States Code, the Secretary shall expend not less than 

4 $4,000,000 and not more than $6,000,000 to carry out the 

5 evaluation under subsection (a). 

6 SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIRE7 MENTS AND GRANTS. 

8 Section 5107 of title 49, United States Code, is amend9 ed by adding at the end the following: 

10 ‘‘(j) ASSISTANCE WITH LOCAL EMERGENCY RE11 SPONDER TRAINING.—The Secretary shall establish a pro12 gram to make grants, on a competitive basis, to nonprofit 

13 organizations to develop hazardous materials response 

14 training for emergency responders and make such training 

15 available electronically or in person.’’. 

16 SEC. 8204. LITHIUM BATTERY APPROVAL. 

17 (a) IN GENERAL.—Chapter 51 of title 49, United 

18 States Code, is amended by adding at the end the following: 

19 ‘‘§ 5129. Lithium battery approval 

20 ‘‘(a) APPROVAL TO TRANSPORT CERTAIN BATTERIES

21 IN COMMERCE.—A person may not transport in commerce 

22 a specified lithium battery that is determined by the Sec23 retary to be a high safety or security risk unless— 

24 ‘‘(1) the manufacturer of such battery receives an 

25 approval from the Secretary; and 


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1 ‘‘(2) the manufacture of such battery meets the 

2 requirements of this section and the regulations issued 

3 under subsection (d). 

4 ‘‘(b) TERM OF APPROVAL.—An approval granted to a 

5 manufacturer under this section shall not exceed 5 years. 

6 ‘‘(c) APPROVAL PROCESS.—To receive an approval for 

7 a specified lithium battery under this section, a manufac8 turer shall— 

9 ‘‘(1) allow the Secretary, or an entity designated 

10 by the Secretary, to inspect the applicant’s manufac11 turing process and procedures; 

12 ‘‘(2) bear the cost of any inspection carried out 

13 under paragraph (1); and 

14 ‘‘(3) develop and implement, with respect to the 

15 manufacture of such battery— 

16 ‘‘(A) a comprehensive quality management 

17 program; and 

18 ‘‘(B) appropriate product identification, 

19 marking, documentation, lifespan, and tracking 

20 measures. 

21 ‘‘(d) REGULATIONS REQUIRED.—Not later than 2 

22 years after the date of enactment of this section, the Sec23 retary shall issue regulations to carry out this section. Such 

24 regulations shall include— 


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1 ‘‘(1) parameters for, and a process for receiving, 

2 an approval under this section; and 

3 ‘‘(2) a determination of the types of specified 

4 lithium batteries that pose a high safety or security 

5 risk in transport, including battery or cell type, size, 

6 and energy storage capacity. 

7 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed— 

9 ‘‘(1) to affect any provision, limitation, or prohi10 bition with respect to the transportation of a specified 

11 lithium battery in effect as of the date of enactment 

12 of this section; or 

13 ‘‘(2) to authorize transportation of any such bat14 tery if such transportation is not already authorized 

15 as of the date of enactment of this section. 

16 ‘‘(f) SPECIFIED LITHIUM BATTERY DEFINED.—In this 

17 section, the term ‘specified lithium battery’ means— 

18 ‘‘(1) a lithium ion cell or battery; or 

19 ‘‘(2) a lithium metal cell or battery.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chapter 

21 51 of title 49, United States Code, is amended by adding 

22 at the end the following: 

‘‘5129. Lithium battery approval.’’. 


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1 DIVISION D—RAIL 

2 SEC. 9001. SHORT TITLE. 

3 This division may be cited as the ‘‘Transforming Rail 

4 by Accelerating Investment Nationwide Act’’ or the 

5 ‘‘TRAIN Act’’. 

6 TITLE I—AUTHORIZATIONS 

7 SEC. 9101. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) AUTHORIZATION OF GRANTS TO AMTRAK.— 

9 (1) NORTHEAST CORRIDOR.—There are author10 ized to be appropriated to the Secretary of Transpor11 tation for the use of Amtrak for activities associated 

12 with the Northeast Corridor the following amounts: 

13 (A) For fiscal year 2022, $2,500,000,000. 

14 (B) For fiscal year 2023, $2,600,000,000. 

15 (C) For fiscal year 2024, $2,700,000,000. 

16 (D) For fiscal year 2025, $2,800,000,000. 

17 (E) For fiscal year 2026, $2,900,000,000. 

18 (2) NATIONAL NETWORK.—There are authorized 

19 to be appropriated to the Secretary for the use of Am20 trak for activities associated with the National Net21 work the following amounts: 

22 (A) For fiscal year 2022, $3,500,000,000. 

23 (B) For fiscal year 2023, $3,600,000,000. 

24 (C) For fiscal year 2024, $3,700,000,000. 

25 (D) For fiscal year 2025, $3,800,000,000. 


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1 (E) For fiscal year 2026, $3,900,000,000. 

2 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec3 retary may withhold up to one-half of one percent annually 

4 from the amounts made available under subsection (a) for 

5 oversight. 

6 (c) AMTRAK COMMON BENEFIT COSTS FOR STATE7 SUPPORTED ROUTES.— For fiscal year 2022, if funds are 

8 made available under subsection (a)(2) in excess of the 

9 amounts authorized for fiscal year 2020 under section 

10 11101(b) of the FAST Act (Public Law 114–94), Amtrak 

11 shall use up to $250,000,000 of the excess funds to defray 

12 the share of operating costs of Amtrak’s national assets (as 

13 such term is defined in section 24320(c)(5) of title 49, 

14 United States Code) and corporate services (as such term 

15 is defined pursuant to section 24317(b) of title 49, United 

16 States Code) that is allocated to the State-supported serv17 ices. After the update of the cost methodology policy re18 quired under section 24712(a)(7)(B) of title 49, United 

19 States Code, is implemented, there are authorized to be ap20 propriated to the Secretary for the use of Amtrak such sums 

21 as may be necessary for each of the fiscal years 2023 

22 through 2026 for the implementation of the updated policy. 

23 (d) STATE-SUPPORTED ROUTE COMMITTEE.—Of the 

24 funds made available under subsection (a)(2), the Secretary 

25 may make available up to $4,000,000 for each fiscal year 


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1 for the State-Supported Route Committee established under 

2 section 24712 of title 49, United States Code. 

3 (e) NORTHEAST CORRIDOR COMMISSION.—Of the 

4 funds made available under subsection (a)(1), the Secretary 

5 may make available up to $6,000,000 for each fiscal year 

6 for the Northeast Corridor Commission established under 

7 section 24905 of title 49, United States Code. 

8 (f) AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK

9 OFFICE OF INSPECTOR GENERAL.—There are authorized to 

10 be appropriated to the Office of Inspector General of Am11 trak the following amounts: 

12 (1) For fiscal year 2022, $26,500,000. 

13 (2) For fiscal year 2023, $27,000,000. 

14 (3) For fiscal year 2024, $27,500,000. 

15 (4) For fiscal year 2025, $28,000,000. 

16 (5) For fiscal year 2026, $28,500,000. 

17 (g) PASSENGER RAIL IMPROVEMENT, MODERNIZA18 TION, AND EXPANSION GRANTS.— 

19 (1) There are authorized to be appropriated to 

20 the Secretary to carry out section 22906 of title 49, 

21 United States Code, the following amounts: 

22 (A) For fiscal year 2022, $4,800,000,000. 

23 (B) For fiscal year 2023, $4,900,000,000. 

24 (C) For fiscal year 2024, $5,000,000,000. 

25 (D) For fiscal year 2025, $5,100,000,000. 


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1 (E) For fiscal year 2026, $5,200,000,000. 

2 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

3 Secretary may withhold up to 1 percent of the total 

4 amount appropriated under paragraph (1) for the 

5 costs of program management oversight, including 

6 providing technical assistance and project planning 

7 guidance, of grants carried out under section 22906 

8 of title 49, United States Code. 

9 (3) HIGH-SPEED RAIL CORRIDOR PLANNING.— 

10 The Secretary shall withhold at least 4 percent of 

11 funding in paragraph (1) for the purposes described 

12 in section 22906(a)(1)(B) of title 49, United States 

13 Code. Any funds withheld by this paragraph that re14 main unobligated at the end of the fiscal year fol15 lowing the fiscal year in which such funds are made 

16 available may be used for any eligible project under 

17 section 22906 of such title. 

18 (h) CONSOLIDATED RAIL INFRASTRUCTURE AND SAFE19 TY IMPROVEMENTS.— 

20 (1) IN GENERAL.—There are authorized to be ap21 propriated to the Secretary to carry out section 22907 

22 of title 49, United States Code, the following amounts: 

23 (A) For fiscal year 2022, $1,200,000,000. 

24 (B) For fiscal year 2023, $1,300,000,000. 

25 (C) For fiscal year 2024, $1,400,000,000. 


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1 (D) For fiscal year 2025, $1,500,000,000. 

2 (E) For fiscal year 2026, $1,600,000,000. 

3 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

4 Secretary may withhold up to 2 percent of the total 

5 amount appropriated under paragraph (1) for the 

6 costs of program management oversight, including 

7 providing technical assistance and project planning 

8 guidance, of grants carried out under section 22907 

9 of title 49, United States Code. 

10 (3) RAIL SAFETY PUBLIC AWARENESS.—Of the 

11 amounts made available under paragraph (1), the 

12 Secretary may make available up to $5,000,000 for 

13 each of fiscal years 2022 through 2026 to make grants 

14 under section 22907(o) of title 49, United States 

15 Code. 

16 (4) RAILROAD TRESPASSING ENFORCEMENT.—Of 

17 the amounts made available under paragraph (1), the 

18 Secretary may make available up to $250,000 for 

19 each of fiscal years 2022 through 2026 to make grants 

20 under section 22907(p) of title 49, United States 

21 Code. 

22 (5) RAILROAD TRESPASSING SUICIDE PREVEN23 TION.—Of the amounts made available under para24 graph (1), the Secretary may make available up to 

25 $1,000,000 for each of fiscal years 2022 through 2026 


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1 to make grants under section 22907(q) of title 49, 

2 United States Code. 

3 (i) BRIDGES, STATIONS, AND TUNNELS GRANTS.— 

4 (1) IN GENERAL.—There are authorized to be ap5 propriated to the Secretary to carry out section 22909 

6 of title 49, United States Code, the following amounts: 

7 (A) For fiscal year 2022, $4,800,000,000. 

8 (B) For fiscal year 2023, $4,900,000,000. 

9 (C) For fiscal year 2024, $5,000,000,000. 

10 (D) For fiscal year 2025, $5,100,000,000. 

11 (E) For fiscal year 2026, $5,200,000,000. 

12 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

13 Secretary may withhold up to one half of 1 percent 

14 of the total amount appropriated under paragraph 

15 (1) for the costs of program management oversight, 

16 including providing technical assistance and project 

17 planning guidance, of grants carried out under sec18 tion 22909 of title 49, United States Code. 

19 (j) RAILROAD REHABILITATION AND IMPROVEMENT

20 FINANCING.— 

21 (1) IN GENERAL.—There are authorized to be ap22 propriated to the Secretary for payment of credit risk 

23 premiums in accordance with section 502(f)(1) of the 

24 Railroad Revitalization and Regulatory Reform Act 


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1 of 1976 (45 U.S.C. 822(f)(1)) the following amounts, 

2 to remain available until expended: 

3 (A) For fiscal year 2022, $160,000,000. 

4 (B) For fiscal year 2023, $170,000,000. 

5 (C) For fiscal year 2024, $180,000,000. 

6 (D) For fiscal year 2025, $190,000,000. 

7 (E) For fiscal year 2026, $200,000,000. 

8 (2) REFUND OF PREMIUM.—There are authorized 

9 to be appropriated to the Secretary $70,000,000 to 

10 repay the credit risk premium under section 502 of 

11 the Railroad Revitalization and Regulatory Reform 

12 Act of 1976 (45 U.S.C. 822) for each loan in cohort 

13 3, as defined by the memorandum to the Office of 

14 Management and Budget of the Department of Trans15 portation dated November 5, 2018, with interest ac16 crued thereon, not later than 60 days after the date 

17 on which all obligations attached to each such loan 

18 have been satisfied. For each such loan for which obli19 gations have been satisfied as of the date of enactment 

20 of this Act, the Secretary shall repay the credit risk 

21 premium of each such loan, with interest accrued 

22 thereon, not later than 60 days after the date of the 

23 enactment of this Act. 

24 (k) RESTORATION AND ENHANCEMENT GRANTS.— 


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1 (1) IN GENERAL.—There are authorized to be ap2 propriated to the Secretary to carry out section 22908 

3 of title 49, United States Code, $20,000,000 for each 

4 of fiscal years 2022 through 2026. 

5 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

6 Secretary may withhold up to 1 percent from the 

7 total amounts appropriated under paragraph (1) for 

8 the costs of project management oversight of grants 

9 carried out under section 22908 of title 49, United 

10 States Code. 

11 (l) GRADE CROSSING SEPARATION GRANTS.— 

12 (1) IN GENERAL.—There are authorized to be ap13 propriated to the Secretary to carry out section 22912 

14 of title 49, United States Code, (as added by section 

15 9551 of this Act) the following amounts: 

16 (A) For fiscal year 2022, $450,000,000. 

17 (B) For fiscal year 2023, $475,000,000. 

18 (C) For fiscal year 2024, $500,000,000. 

19 (D) For fiscal year 2025, $525,000,000. 

20 (E) For fiscal year 2026, $550,000,000. 

21 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

22 Secretary may withhold up to 2 percent from the 

23 total amounts appropriated under paragraph (1) for 

24 the costs of project management oversight, including 

25 providing technical assistance and project planning 


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1 guidance, of grants carried out under section 22912 

2 of title 49, United States Code. 

3 (m) AUTHORIZATION OF APPROPRIATIONS TO THE

4 FEDERAL RAILROAD ADMINISTRATION.—Section 20117 of 

5 title 49, United States Code, is amended to read as follows: 

6 ‘‘§ 20117. Authorization of appropriations 

7 ‘‘(a) SAFETY AND OPERATIONS.— 

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

9 appropriated to the Secretary of Transportation for 

10 the operations of the Federal Railroad Administra11 tion and to carry out railroad safety activities au12 thorized or delegated to the Administrator— 

13 ‘‘(A) $290,500,000 for fiscal year 2022; 

14 ‘‘(B) $303,300,000 for fiscal year 2023; 

15 ‘‘(C) $316,100,000 for fiscal year 2024; 

16 ‘‘(D) $324,400,000 for fiscal year 2025; and 

17 ‘‘(E) $332,900,000 for fiscal year 2026. 

18 ‘‘(2) AUTOMATED TRACK INSPECTION PROGRAM

19 AND DATA ANALYSIS.—From the funds made available 

20 under paragraph (1) for each of fiscal years 2022 

21 through 2026, not more than $17,000,000 may be ex22 pended for the Automated Track Inspection Program 

23 and data analysis related to track inspection. Such 

24 funds shall remain available until expended. 


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1 ‘‘(3) STATE PARTICIPATION GRANTS.—Amounts 

2 made available under paragraph (1) for grants under 

3 section 20105(e) shall remain available until ex4 pended. 

5 ‘‘(4) REGIONAL PLANNING GUIDANCE.—The Sec6 retary may withhold up to $20,000,000 from the 

7 amounts made available for each fiscal year under 

8 paragraph (1) to facilitate and provide guidance for 

9 regional planning processes, including not more than 

10 $500,000 annually for each interstate rail compact. 

11 ‘‘(5) RAILROAD SAFETY INSPECTORS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall en13 sure that the number of full-time equivalent rail14 road safety inspection personnel employed by the 

15 Office of Railroad Safety of the Federal Railroad 

16 Administration does not fall below the following: 

17 ‘‘(i) 379 for fiscal year 2022; 

18 ‘‘(ii) 403 for fiscal year 2023; 

19 ‘‘(iii) 422 for fiscal year 2024; 

20 ‘‘(iv) 424 for fiscal year 2025; and 

21 ‘‘(v) 426 for fiscal year 2026. 

22 ‘‘(B) CONSIDERATION.—In meeting the 

23 minimum railroad safety inspector levels under 

24 subparagraph (A), the Secretary shall consider 


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1 the ability of railroad safety inspectors to ana2 lyze railroad safety data. 

3 ‘‘(C) FUNDING.—From the amounts made 

4 available to the Secretary under subsection 

5 (a)(1), the Secretary shall use the following 

6 amounts to carry out subparagraph (A): 

7 ‘‘(i) $3,244,104 for fiscal year 2022. 

8 ‘‘(ii) $6,488,208 for fiscal year 2023. 

9 ‘‘(iii) $9,056,457 for fiscal year 2024. 

10 ‘‘(iv) $9,326,799 for fiscal year 2025. 

11 ‘‘(v) $9,597,141 for fiscal year 2026. 

12 ‘‘(6) OTHER SAFETY PERSONNEL.— 

13 ‘‘(A) INCREASE IN NUMBER OF SUPPORT

14 EMPLOYEES.—The Secretary shall, for each of 

15 fiscal years 2022 and 2023, increase by 10 the 

16 total number of full-time equivalent employees 

17 working as specialists, engineers, or analysts in 

18 the field supporting inspectors compared to the 

19 number of such employees employed in the pre20 vious fiscal year. 

21 ‘‘(B) FUNDING.—From the amounts made 

22 available to the Secretary under subsection 

23 (a)(1), the Secretary shall use the following 

24 amounts to carry out subparagraph (A): 

25 ‘‘(i) $1,631,380 for fiscal year 2022. 


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1 ‘‘(ii) $3,262,760 for fiscal year 2023. 

2 ‘‘(iii) $3,262,760 for fiscal year 2024. 

3 ‘‘(iv) $3,262,760 for fiscal year 2025. 

4 ‘‘(v) $3,262,760 for fiscal year 2026. 

5 ‘‘(b) RAILROAD RESEARCH AND DEVELOPMENT.— 

6 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to the Sec8 retary of Transportation for necessary expenses for 

9 carrying out railroad research and development ac10 tivities the following amounts which shall remain 

11 available until expended: 

12 ‘‘(A) $67,000,000 for fiscal year 2022. 

13 ‘‘(B) $69,000,000 for fiscal year 2023. 

14 ‘‘(C) $71,000,000 for fiscal year 2024. 

15 ‘‘(D) $73,000,000 for fiscal year 2025. 

16 ‘‘(E) $75,000,000 for fiscal year 2026. 

17 ‘‘(2) SHORT LINE SAFETY.—From funds made 

18 available under paragraph (1) for each of fiscal years 

19 2022 through 2026, the Secretary may expend not 

20 more than $4,000,000— 

21 ‘‘(A) for grants to improve safety practices 

22 and training for Class II and Class III freight, 

23 commuter, and intercity passenger railroads; 

24 and 


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1 ‘‘(B) to develop safety management systems 

2 for Class II and Class III freight, commuter, and 

3 intercity passenger railroads through the contin4 ued development of safety culture assessments, 

5 transportation emergency response plans, train6 ing and education, outreach activities, best prac7 tices for trespassing prevention and employee 

8 trauma response, and technical assistance. 

9 ‘‘(3) UNIVERSITY RAIL CLIMATE INNOVATION IN10 STITUTE.— 

11 ‘‘(A) IN GENERAL.—Of the amounts made 

12 available under paragraph (1), the Secretary 

13 may make available up to $20,000,000 for each 

14 of fiscal years 2022 through 2026 to establish the 

15 University Rail Climate Innovation Institute 

16 under section 22913. 

17 ‘‘(B) PROJECT MANAGEMENT OVERSIGHT.— 

18 The Secretary may withhold up to 1 percent 

19 from the total amounts appropriated under sub20 paragraph (A) for the costs of project manage21 ment oversight of the grant carried out under 

22 section 22913. 

23 ‘‘(4) SUICIDE PREVENTION RESEARCH FUND24 ING.—From funds made available under paragraph 

25 (1) for each of fiscal years 2022 through 2026, the 


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1 Secretary may make available not less than 

2 $1,000,000 for human factors research undertaken by 

3 the Federal Railroad Administration, including sui4 cide countermeasure evaluation, data exploration and 

5 quality improvement, and other initiatives as appro6 priate.’’. 

7 (n) LIMITATION ON FINANCIAL ASSISTANCE FOR

8 STATE-OWNED ENTERPRISES.— 

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

10 section and the amendments made by this section 

11 may not be used in awarding a contract, subcontract, 

12 grant, or loan to an entity that is owned or controlled 

13 by, is a subsidiary of, or is otherwise related legally 

14 or financially to a corporation based in a country 

15 that— 

16 (A) is identified as a nonmarket economy 

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

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

19 the date of enactment of this Act; 

20 (B) was identified by the United States 

21 Trade Representative in the most recent report 

22 required by section 182 of the Trade Act of 1974 

23 (19 U.S.C. 2242) as a priority foreign country 

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


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1 (C) is subject to monitoring by the Trade 

2 Representative under section 306 of the Trade 

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

4 (2) EXCEPTION.—For purposes of paragraph (1), 

5 the term ‘‘otherwise related legally or financially’’ 

6 does not include a minority relationship or invest7 ment. 

8 (3) INTERNATIONAL AGREEMENTS.—This sub9 section shall be applied in a manner consistent with 

10 the obligations of the United States under inter11 national agreements. 

12 (o) RAIL TRUST FUND.— 

13 (1) IN GENERAL.— 

14 (A) FUNDING.—Beginning on the date on 

15 which a rail trust fund is established, any 

16 amounts made available under subsections (a), 

17 (g), (h), (i), (j)(1), (k), and (l) shall be derived 

18 from such fund. 

19 (B) RAIL TRUST FUND DEFINED.—In this 

20 subsection, the term ‘‘rail trust fund’’ means a 

21 trust fund established under the Internal Rev22 enue Code of 1986 for making certain expendi23 tures for the benefit of rail and for crediting cer24 tain taxes and penalties collected relating to rail. 


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1 (2) SENSE OF COMMITTEE ON NEED FOR RAIL

2 TRUST FUND.—The following is the sense of the Com3 mittee on Transportation and Infrastructure of the 

4 House of Representatives: 

5 (A) There is a discrepancy in historical 

6 Federal investment between highways, aviation, 

7 and intercity passenger rail. Between 1949 and 

8 2017, the Federal Government invested more 

9 than $2 trillion in our nation’s highways and 

10 over $777 billion in aviation. The Federal Gov11 ernment has invested $96 billion in intercity 

12 passenger rail, beginning in 1971 with the cre13 ation of the National Railroad Passenger Cor14 poration. Intercity passenger rail Federal invest15 ment is only 12 percent of Federal aviation in16 vestment and less than 5 percent of Federal high17 way investment. 

18 (B) Congress has recognized the value and 

19 importance of a predictable, dedicated funding 

20 source through a trust fund for all other modes 

21 of transportation including for aviation, high22 ways, transit, and waterways. The Highway 

23 Trust Fund was created in 1956. The Airport 

24 and Aviation Trust Fund was created in 1970. 

25 The Inland Waterways Trust Fund was created 


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1 in 1978. Mass transit was added to the Highway 

2 Trust Fund in 1983. The Harbor Maintenance 

3 Trust Fund was created in 1986. With regard to 

4 Federal transportation investment, only intercity 

5 passenger and freight rail do not have a predict6 able, dedicated funding source through a trust 

7 fund. 

8 (C) The Federal Railroad Administration 

9 has identified more than $300 billion worth of 

10 investment needed to develop both high-speed and 

11 higher speed intercity passenger rail corridors 

12 around the United States. In addition, a Federal 

13 Railroad Administration report from 2014 found 

14 that shortline and regional railroads need $7 bil15 lion of investment. The Northeast Corridor has a 

16 $40 billion state of good repair backlog. 

17 (D) A rail trust fund would provide a pre18 dictable, dedicated funding source to high-speed 

19 and intercity passenger rail projects and for the 

20 public benefits of shortline and regional railroad 

21 freight rail projects. A trust fund provides essen22 tial longer term funding certainty to allow the 

23 United States to develop quality intercity pas24 senger rail service in corridors across the coun25 try, eliminate the state of good repair backlog on 


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1 the Northeast Corridor, allow for accessible 

2 equipment and stations for passengers with dis3 abilities, move more freight on rail, redevelop an 

4 American passenger rail car manufacturing 

5 base, create good paying, middle class jobs, and 

6 reduce our nation’s transportation carbon emis7 sions. 

8 SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZA9 TION, AND EXPANSION GRANTS. 

10 (a) IN GENERAL.—Section 22906 of title 49, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 22906. Passenger rail improvement, modernization, 

13 and expansion grants 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) ESTABLISHMENT.—The Secretary of Trans16 portation shall establish a program to make grants to 

17 eligible applicants for— 

18 ‘‘(A) capital projects that— 

19 ‘‘(i) provide high-speed rail or inter20 city rail passenger transportation; 

21 ‘‘(ii) improve high-speed rail or inter22 city rail passenger performance, including 

23 congestion mitigation, reliability improve24 ments, achievement of on-time performance 

25 standards established under section 207 of 


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1 the Rail Safety Improvement Act of 2008 

2 (49 U.S.C. 24101 note), reduced trip times, 

3 increased train frequencies, higher oper4 ating speeds, electrification, and other im5 provements, as determined by the Secretary; 

6 and 

7 ‘‘(iii) expand or establish high-speed 

8 rail or intercity rail passenger transpor9 tation and facilities; or 

10 ‘‘(B) corridor planning activities for high11 speed rail described in section 26101(b). 

12 ‘‘(2) PURPOSES.—Grants under this section shall 

13 be for projects that improve mobility, operational per14 formance, or growth of high-speed rail or intercity 

15 rail passenger transportation. 

16 ‘‘(b) DEFINITIONS.—In this section: 

17 ‘‘(1) ELIGIBLE APPLICANT.—The term ‘eligible 

18 applicant’ means— 

19 ‘‘(A) a State; 

20 ‘‘(B) a group of States; 

21 ‘‘(C) an Interstate Compact; 

22 ‘‘(D) a public agency or publicly chartered 

23 authority established by 1 or more States; 

24 ‘‘(E) a political subdivision of a State; 


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1 ‘‘(F) Amtrak, acting on its own behalf or 

2 under a cooperative agreement with 1 or more 

3 States; or 

4 ‘‘(G) an Indian Tribe. 

5 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

6 project’ means— 

7 ‘‘(A) a project or program for acquiring, 

8 constructing, or improving— 

9 ‘‘(i) passenger rolling stock; 

10 ‘‘(ii) infrastructure assets, including 

11 tunnels, bridges, stations, track and track 

12 structures, communication and signaliza13 tion improvements; and 

14 ‘‘(iii) a facility of use in or for the pri15 mary benefit of high-speed or intercity rail 

16 passenger transportation; 

17 ‘‘(B) project planning, development, design, 

18 engineering, location surveying, mapping, envi19 ronmental analysis or studies; 

20 ‘‘(C) acquiring right-of-way or payments 

21 for rail trackage rights agreements; 

22 ‘‘(D) making highway-rail grade crossing 

23 improvements related to high-speed rail or inter24 city rail passenger transportation service; 

25 ‘‘(E) electrification; 


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1 ‘‘(F) mitigating environmental impacts; or 

2 ‘‘(G) a project relating to other assets deter3 mined appropriate by the Secretary. 

4 ‘‘(3) INTERCITY RAIL PASSENGER TRANSPOR5 TATION.—The term ‘intercity rail passenger transpor6 tation’ has the meaning given such term in section 

7 24102. 

8 ‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 

9 rail’ has the meaning given such term in section 

10 26105. 

11 ‘‘(5) STATE.—The term ‘State’ means each of the 

12 50 States and the District of Columbia. 

13 ‘‘(6) SOCIALLY DISADVANTAGED INDIVIDUALS.— 

14 The term ‘socially disadvantaged individuals’ has the 

15 meaning given the term ‘socially and economically 

16 disadvantaged individuals’ in section 8(d) of the 

17 Small Business Act (15 U.S.C. 637(d)). 

18 ‘‘(c) PROJECT REQUIREMENTS.— 

19 ‘‘(1) REQUIREMENTS.—To be eligible for a grant 

20 under this section, an eligible applicant shall dem21 onstrate that such applicant has or will have— 

22 ‘‘(A) the legal, financial, and technical ca23 pacity to carry out the project; 


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1 ‘‘(B) satisfactory continuing control over 

2 the use of the equipment or facilities that are the 

3 subject of the project; and 

4 ‘‘(C) an agreement in place for maintenance 

5 of such equipment or facilities. 

6 ‘‘(2) HIGH-SPEED RAIL REQUIREMENTS.— 

7 ‘‘(A) CORRIDOR PLANNING ACTIVITIES.— 

8 Notwithstanding paragraph (1), the Secretary 

9 shall evaluate projects described in subsection 

10 (a)(1)(B) based on the criteria under section 

11 26101(c). 

12 ‘‘(B) HIGH-SPEED RAIL PROJECT REQUIRE13 MENTS.—To be eligible for a grant for a high14 speed rail project, an eligible applicant shall 

15 demonstrate compliance with section 

16 26106(e)(2)(A). 

17 ‘‘(d) PROJECT SELECTION CRITERIA.— 

18 ‘‘(1) PRIORITY.—In selecting a project for a 

19 grant under this section, the Secretary shall give pref20 erence to projects that— 

21 ‘‘(A) are supported by multiple States or 

22 are included in a multi-state regional plan or 

23 planning process; 


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1 ‘‘(B) achieve environmental benefits such as 

2 a reduction in greenhouse gas emissions or an 

3 improvement in local air quality; or 

4 ‘‘(C) improve service to and investment in 

5 socially disadvantaged individuals. 

6 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In selecting 

7 an applicant for a grant under this section, the Sec8 retary shall consider— 

9 ‘‘(A) the proposed project’s anticipated im10 provements to high-speed rail or intercity rail 

11 passenger transportation, including anticipated 

12 public benefits on the— 

13 ‘‘(i) effects on system and service per14 formance; 

15 ‘‘(ii) effects on safety, competitiveness, 

16 reliability, trip or transit time, and resil17 ience; 

18 ‘‘(iii) overall transportation system, 

19 including efficiencies from improved inte20 gration with other modes of transportation 

21 or benefits associated with achieving modal 

22 shifts; 

23 ‘‘(iv) ability to meet existing, antici24 pated, or induced passenger or service de25 mand; and 


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1 ‘‘(v) projected effects on regional and 

2 local economies along the corridor, includ3 ing increased competitiveness, productivity, 

4 efficiency, and economic development; 

5 ‘‘(B) the eligible applicant’s past perform6 ance in developing and delivering similar 

7 projects; 

8 ‘‘(C) if applicable, the consistency of the 

9 project with planning guidance and documents 

10 set forth by the Secretary or required by law; 

11 and 

12 ‘‘(D) if applicable, agreements between all 

13 stakeholders necessary for the successful delivery 

14 of the project. 

15 ‘‘(3) ADDITIONAL SCREENING FOR HIGH-SPEED

16 RAIL.—In selecting an applicant for a grant under 

17 this section, for high-speed rail projects, the Secretary 

18 shall, in addition to the application of paragraphs 

19 (1) and (2), apply the selection and consideration cri20 teria described in subparagraphs (B) and (C) of sec21 tion 26106(e)(2). 

22 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

23 ‘‘(1) TOTAL PROJECT COST ESTIMATE.—The Sec24 retary shall estimate the total cost of a project under 

25 this section based on the best available information, 


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1 including engineering studies, studies of economic fea2 sibility, environmental analyses, and information on 

3 the expected use of equipment or facilities. 

4 ‘‘(2) FEDERAL SHARE.—The Federal share of 

5 total project costs under this section shall not exceed 

6 90 percent. 

7 ‘‘(3) TREATMENT OF REVENUE.—Applicants 

8 may use ticket and other revenues generated from op9 erations and other sources to satisfy the non-Federal 

10 share requirements. 

11 ‘‘(f) LETTERS OF INTENT.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall, to the 

13 maximum extent practicable, issue a letter of intent 

14 to a recipient of a grant under this section that— 

15 ‘‘(A) announces an intention to obligate, for 

16 a project under this section, an amount that is 

17 not more than the amount stipulated as the fi18 nancial participation of the Secretary in the 

19 project, regardless of authorized amounts; and 

20 ‘‘(B) states that the contingent commit21 ment— 

22 ‘‘(i) is not an obligation of the Federal 

23 Government; and 

24 ‘‘(ii) is subject to the availability of 

25 appropriations for grants under this section 


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1 and subject to Federal laws in force or en2 acted after the date of the contingent com3 mitment. 

4 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

5 ‘‘(A) IN GENERAL.—Not later than 3 days 

6 before issuing a letter of intent under paragraph 

7 (1), the Secretary shall submit written notifica8 tion to— 

9 ‘‘(i) the Committee on Transportation 

10 and Infrastructure of the House of Rep11 resentatives; 

12 ‘‘(ii) the Committee on Appropriations 

13 of the House of Representatives; 

14 ‘‘(iii) the Committee on Appropria15 tions of the Senate; and 

16 ‘‘(iv) the Committee on Commerce, 

17 Science, and Transportation of the Senate. 

18 ‘‘(B) CONTENTS.—The notification sub19 mitted under subparagraph (A) shall include— 

20 ‘‘(i) a copy of the letter of intent; 

21 ‘‘(ii) the criteria used under subsection 

22 (d) for selecting the project for a grant; and 

23 ‘‘(iii) a description of how the project 

24 meets such criteria. 


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1 ‘‘(g) APPROPRIATIONS REQUIRED.—An obligation 

2 may be made under this section only when amounts are 

3 appropriated for such purpose. 

4 ‘‘(h) AVAILABILITY.—Amounts made available to carry 

5 out this section shall remain available until expended. 

6 ‘‘(i) GRANT CONDITIONS.—Except as specifically pro7 vided in this section, the use of any amounts appropriated 

8 for grants under this section shall be subject to the grant 

9 conditions under section 22905, except that the domestic 

10 buying preferences of section 24305(f) shall apply to Am11 trak in lieu of the requirements of section 22905(a).’’. 

12 (b) CLERICAL AMENDMENT.—The item relating to sec13 tion 22906 in the analysis for chapter 229 of title 49, 

14 United States Code, is amended to read as follows: 

‘‘22906. Passenger rail improvement, modernization, and expansion grants.’’. 

15 (c) DEFINITION OF SATISFACTORY CONTINUING CON16 TROL.—Section 22901 of title 49, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(4) SATISFACTORY CONTINUING CONTROL.—The 

19 term ‘satisfactory continuing control’ means the con20 tinuing ability to utilize and ensure maintenance of 

21 an asset as a result of full or partial ownership, lease, 

22 operating or other enforceable contractual agreements, 

23 or statutory access rights.’’. 


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1 SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND 

2 SAFETY IMPROVEMENT GRANTS. 

3 Section 22907 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (b)— 

6 (A) in the matter preceding paragraph (1) 

7 by striking ‘‘The following’’ and inserting ‘‘Ex8 cept as provided in subsections (o), (p), and (q), 

9 the following’’; 

10 (B) in paragraph (1) by inserting ‘‘or the 

11 District of Columbia’’ before the period; 

12 (C) in paragraph (10) by striking ‘‘trans13 portation center’’; and 

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

15 ‘‘(12) A commuter authority (as such term is de16 fined in section 24102). 

17 ‘‘(13) An Indian Tribe.’’; 

18 (2) in subsection (c)— 

19 (A) in paragraph (1) by inserting ‘‘and up20 grades’’ after ‘‘Deployment’’; 

21 (B) by striking paragraph (2); 

22 (C) by redesignating paragraphs (3) 

23 through (12) as paragraphs (2) through (11), re24 spectively; 

25 (D) in paragraph (2), as so redesignated, by 

26 inserting ‘‘or safety’’ after ‘‘address congestion’’; 


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1 (E) in paragraph (3), as so redesignated, by 

2 striking ‘‘identified by the Secretary’’ and all 

3 that follows through ‘‘rail transportation’’ and 

4 inserting ‘‘to improve service or facilitate rider5 ship growth in intercity rail passenger transpor6 tation or commuter rail passenger transpor7 tation (as such term is defined in section 

8 24102)’’; 

9 (F) in paragraph (4), as so redesignated, by 

10 inserting ‘‘to establish new quiet zones or’’ after 

11 ‘‘engineering improvements’’; 

12 (G) in paragraph (9), as so redesignated, by 

13 inserting ‘‘, including for suicide prevention and 

14 other rail trespassing prevention’’ before the pe15 riod; 

16 (3) in subsection (e)— 

17 (A) by striking paragraph (1) and inserting 

18 the following: 

19 ‘‘(1) IN GENERAL.—In selecting a recipient of a 

20 grant for an eligible project, the Secretary shall give 

21 preference to— 

22 ‘‘(A) projects that will maximize the net 

23 benefits of the funds made available for use 

24 under this section, considering the cost-benefit 

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1 ticipated private and public benefits relative to 

2 the costs of the proposed project and factoring in 

3 the other considerations described in paragraph 

4 (2); and 

5 ‘‘(B) projects that improve service to, or 

6 provide direct benefits to, socially disadvantaged 

7 individuals (as defined in section 22906(b)), in8 cluding relocating or mitigating infrastructure 

9 that limits community connectivity, including 

10 mobility, access, or economic development of such 

11 individuals.’’; and 

12 (B) in paragraph (3) by striking ‘‘para13 graph (1)(B)’’ and inserting ‘‘paragraph 

14 (1)(A)’’; 

15 (4) in subsection (h)(2) by inserting ‘‘, except 

16 that a grant for a capital project involving zero-emis17 sion locomotive technologies shall not exceed an 

18 amount in excess of 90 percent of the total project 

19 costs’’ before the period. 

20 (5) by redesignating subsections (i), (j), and (k) 

21 as subsections (l), (m), and (n) respectively; and 

22 (6) by inserting after subsection (h) the fol23 lowing: 

24 ‘‘(i) LARGE PROJECTS.—Of the amounts made avail25 able under this section, at least 25 percent shall be for 


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1 projects that have total project costs of greater than 

2 $100,000,000. 

3 ‘‘(j) COMMUTER RAIL.— 

4 ‘‘(1) ADMINISTRATION OF FUNDS.—The amounts 

5 awarded under this section for commuter rail pas6 senger transportation projects shall be transferred by 

7 the Secretary, after selection, to the Federal Transit 

8 Administration for administration of funds in ac9 cordance with chapter 53. 

10 ‘‘(2) GRANT CONDITION.— 

11 ‘‘(A) IN GENERAL.—Notwithstanding sec12 tion 22905(f)(1) and 22907(j)(1), as a condition 

13 of receiving a grant under this section that is 

14 used to acquire, construct, or improve railroad 

15 right-of-way or facilities, any employee covered 

16 by the Railway Labor Act (45 U.S.C. 151 et 

17 seq.) and the Railroad Retirement Act of 1974 

18 (45 U.S.C. 231 et seq.) who is adversely affected 

19 by actions taken in connection with the project 

20 financed in whole or in part by such grant shall 

21 be covered by employee protective arrangements 

22 established under section 22905(e). 

23 ‘‘(B) APPLICATION OF PROTECTIVE AR24 RANGEMENT.—The grant recipient and the suc25 cessors, assigns, and contractors of such recipient 


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1 shall be bound by the protective arrangements re2 quired under subparagraph (A). Such recipient 

3 shall be responsible for the implementation of 

4 such arrangement and for the obligations under 

5 such arrangement, but may arrange for another 

6 entity to take initial responsibility for compli7 ance with the conditions of such arrangement. 

8 ‘‘(3) APPLICATION OF LAW.—Subsection (g) of 

9 section 22905 shall not apply to grants awarded 

10 under this section for commuter rail passenger trans11 portation projects. 

12 ‘‘(k) DEFINITION OF CAPITAL PROJECT.—In this sec13 tion, the term ‘capital project’ means a project or program 

14 for— 

15 ‘‘(1) acquiring, constructing, improving, or in16 specting equipment, track and track structures, or a 

17 facility, expenses incidental to acquisition or con18 struction (including project-level planning, designing, 

19 engineering, location surveying, mapping, environ20 mental studies, and acquiring right-of-way), pay21 ments for rail trackage rights agreements, highway22 rail grade crossing improvements, mitigating environ23 mental impacts, communication and signalization 

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1 placement housing sites, and acquiring, constructing, 

2 relocating, and rehabilitating replacement housing; 

3 ‘‘(2) rehabilitating, remanufacturing, or over4 hauling rail rolling stock and facilities; 

5 ‘‘(3) costs associated with developing State or 

6 multi-State regional rail plans; and 

7 ‘‘(4) the first-dollar liability costs for insurance 

8 related to the provision of intercity passenger rail 

9 service under section 22904.’’; and 

10 (7) by striking subsection (l). 

11 SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT 

12 FINANCING. 

13 (a) IN GENERAL.—Section 502 of the Railroad Revi14 talization and Regulatory Reform Act of 1976 (45 U.S.C. 

15 822) is amended— 

16 (1) in subsection (b)— 

17 (A) in paragraph (1)— 

18 (i) in subparagraph (A) by inserting 

19 ‘‘civil works such as cuts and fills, stations, 

20 tunnels,’’ after ‘‘components of track,’’; and 

21 (ii) in subparagraph (D) by inserting 

22 ‘‘, permitting,’’ after ‘‘reimburse planning’’; 

23 and 

24 (B) by striking paragraph (3); 


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1 (2) by striking subsection (e)(1) and inserting 

2 the following: 

3 ‘‘(1) DIRECT LOANS.—The interest rate on a di4 rect loan under this section shall be not less than the 

5 yield on United States Treasury securities of a simi6 lar maturity to the maturity of the direct loan on the 

7 date of execution of the loan agreement.’’; 

8 (3) in subsection (f)— 

9 (A) in paragraph (1) by adding ‘‘The Sec10 retary shall only apply appropriations of budget 

11 authority to cover the costs of direct loans and 

12 loan guarantees as required under section 

13 504(b)(1) of the Federal Credit Reform Act of 

14 1990 (2 U.S.C. 661c(b)(1)), including the cost of 

15 a modification thereof, in whole or in part, for 

16 entities described in paragraphs (1) through (3) 

17 of subsection (a).’’ at the end; 

18 (B) in paragraph (3) by striking subpara19 graph (C) and inserting the following: 

20 ‘‘(C) An investment-grade rating on the di21 rect loan or loan guarantee, as applicable, if the 

22 total amount of the direct loan or loan guarantee 

23 is less than $100,000,000. 

24 ‘‘(D) In the case of a total amount of a di25 rect loan or loan guarantee greater than 


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1 $100,000,000, an investment-grade rating from 

2 at least 2 rating agencies on the direct loan or 

3 loan guarantee, or an investment-grade rating 

4 on the direct loan or loan guarantee and a pro5 jection of freight or passenger demand for the 

6 project based on regionally developed economic 

7 forecasts, including projections of any modal di8 version resulting from the project.’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(5) REPAYMENT OF CREDIT RISK PREMIUMS.— 

11 The Secretary shall return credit risk premiums paid, 

12 and interest accrued thereon, to the original source 

13 when all obligations of a loan or loan guarantee have 

14 been satisfied. This paragraph applies to any project 

15 that has been granted assistance under this section 

16 after the date of enactment of the TRAIN Act.’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan 

19 provided under this section may be used as the non-Federal 

20 share of project costs under this title and title 49 if such 

21 loan is repayable from non-Federal funds. 

22 ‘‘(o) BUY AMERICA.— 

23 ‘‘(1) IN GENERAL.—In awarding direct loans or 

24 loan guarantees under this section, the Secretary shall 


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1 require each recipient to comply with section 

2 22905(a) of title 49, United States Code. 

3 ‘‘(2) SPECIFIC COMPLIANCE.—Notwithstanding 

4 paragraph (1), the Secretary shall require— 

5 ‘‘(A) Amtrak to comply with section 

6 24305(f) of title 49, United States Code; and 

7 ‘‘(B) a commuter authority (as defined in 

8 section 24102 of title 49, United States Code) to 

9 comply with section 5320 of title 49, United 

10 States Code.’’. 

11 (b) GUIDANCE.—Not later than 9 months after the date 

12 of enactment of this Act, the Secretary shall publish guid13 ance that provides applicants for assistance under section 

14 502 of the Railroad Revitalization and Regulatory Reform 

15 Act of 1976 (45 U.S.C. 822) information regarding the 

16 types of data, assumptions, and other factors typically used 

17 to calculate credit risk premiums required under subsection 

18 (f) of such section. Such guidance shall include information 

19 to help applicants understand how different factors may in20 crease or decrease such credit risk premiums. 

21 SEC. 9105. BRIDGES, STATIONS, AND TUNNELS (BEST) 

22 GRANT PROGRAM. 

23 (a) IN GENERAL.—Chapter 229 of title 49, United 

24 States Code, is amended by adding at the end the following: 


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1 ‘‘§ 22909. Bridges, stations, and tunnels (BeST) grant 

2 program 

3 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

4 shall establish a program (in this section referred to as the 

5 ‘BeST Program’) to provide grants to eligible entities for 

6 major capital projects included in the BeST Inventory es7 tablished under subsection (b) for rail bridges, stations, and 

8 tunnels that are publicly owned or owned by Amtrak to 

9 make safety, capacity, and mobility improvements. 

10 ‘‘(b) BEST INVENTORY.— 

11 ‘‘(1) ESTABLISHMENT.—Not later than 120 days 

12 after the date of enactment of the TRAIN Act, the 

13 Secretary shall establish, and publish on the website 

14 of the Department of Transportation an inventory (in 

15 this section referred to as the ‘BeST Inventory’) for 

16 publicly owned and Amtrak owned major capital 

17 projects designated by the Secretary to be eligible for 

18 funding under this section. The BeST Inventory shall 

19 include major capital projects to acquire, refurbish, 

20 rehabilitate, or replace rail bridges, stations, or tun21 nels and any associated and co-located projects. 

22 ‘‘(2) CONSIDERATIONS.—In selecting projects for 

23 inclusion in the BeST Inventory, the Secretary shall 

24 give priority to projects that provide the most benefit 

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1 mated costs and that are less likely to secure all of the 

2 funding required from other sources. 

3 ‘‘(3) UPDATES TO BEST INVENTORY.—Every 2 

4 years after the establishment of the BeST Inventory 

5 under paragraph (1), the Secretary shall update the 

6 BeST Inventory and include it in its annual budget 

7 justification. 

8 ‘‘(4) ELIGIBILITY FOR BEST INVENTORY.— 

9 Projects included in the BeST Inventory— 

10 ‘‘(A) shall be— 

11 ‘‘(i) consistent with the record of deci12 sion issued by the Federal Railroad Admin13 istration in July 2017 titled ‘NEC FU14 TURE: A Rail Investment Plan for the 

15 Northeast Corridor’ (known as the ‘Selected 

16 Alternative’); 

17 ‘‘(ii) consistent with the most recent 

18 service development plan under section 

19 24904(a) (hereinafter in this section re20 ferred to as the ‘Service Development 

21 Plan’); and 

22 ‘‘(iii) located in a territory for which 

23 a cost allocation policy is maintained pur24 suant to section 24905(c); or 


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1 ‘‘(B) shall be consistent with a multi-state 

2 regional planning document equivalent to the 

3 document referred to in subparagraph (A)(ii) 

4 with a completed Tier I environmental review of 

5 such document pursuant to the National Envi6 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

7 seq.). 

8 ‘‘(5) PROJECT FUNDING SEQUENCING.—The Sec9 retary shall determine the order of priority for 

10 projects in the BeST Inventory based on projects 

11 identified in paragraph (4) and project management 

12 plans as described in subsection (d). The Secretary 

13 may alter the BeST Inventory as necessary if eligible 

14 entities are not carrying out the schedule identified in 

15 the Inventory. 

16 ‘‘(6) TERMS.—The Secretary shall ensure the 

17 BeST Inventory establishes, for each project included 

18 in such Inventory— 

19 ‘‘(A) the roles and terms of participation by 

20 any railroad bridge, station, or tunnel owners 

21 and railroad carriers in the project; and 

22 ‘‘(B) the schedule for such project that en23 sures efficient completion of the project. 

24 ‘‘(7) SPECIAL FINANCIAL RULES.— 


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1 ‘‘(A) IN GENERAL.—Projects listed in the 

2 BeST Inventory may include an agreement with 

3 a commitment, contingent on future amounts to 

4 be specified in law for commitments under this 

5 paragraph, to obligate an additional amount 

6 from future available budget authority specified 

7 in law. 

8 ‘‘(B) STATEMENT OF CONTINGENT COMMIT9 MENT.—An obligation or administrative com10 mitment under this paragraph may be made 

11 only when amounts are appropriated. An agree12 ment shall state that any contingent commitment 

13 is not an obligation of the Federal Government, 

14 and is subject to the availability of appropria15 tions under Federal law and to Federal laws in 

16 force or enacted after the date of the contingent 

17 commitment. 

18 ‘‘(C) FINANCING COSTS.—Financing costs of 

19 carrying out the project may be considered a cost 

20 of carrying out the project under the BeST In21 ventory. 

22 ‘‘(c) EXPENDITURE OF FUNDS.— 

23 ‘‘(1) FEDERAL SHARE OF TOTAL PROJECT

24 COSTS.—The Federal share for the total cost of a 

25 project under this section shall not exceed 90 percent. 


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1 ‘‘(2) NON-FEDERAL SHARE.—A recipient of 

2 funds under this section may use any source of funds, 

3 including other Federal financial assistance, to sat4 isfy the non-Federal funds requirement. The non-Fed5 eral share for a grant provided under this section 

6 shall be consistent with section 24905(c) or section 

7 24712(a)(7) if either such section are applicable to the 

8 railroad territory at the project location. 

9 ‘‘(3) AVAILABILITY OF FUNDS.—Funds made 

10 available under this section shall remain available for 

11 obligation by the Secretary for a period of 10 years 

12 after the last day of the fiscal year for which the 

13 funds are appropriated, and remain available for ex14 penditure by the recipient of grant funds without fis15 cal year limitation. 

16 ‘‘(4) ELIGIBLE USES.—Funds made available 

17 under this section may be used for projects contained 

18 in the most recent BeST Inventory, including pre19 construction expenses and the acquisition of real 

20 property interests. 

21 ‘‘(5) FUNDS AWARDED TO AMTRAK.—Grants 

22 made to Amtrak shall be provided in accordance with 

23 the requirements of chapter 243. 

24 ‘‘(6) GRANT CONDITIONS.—Except as provided in 

25 this section, the use of any amounts made available 


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1 for grants under this section shall be subject to the 

2 grant requirements in section 22905. 

3 ‘‘(d) PROJECT MANAGEMENT.— 

4 ‘‘(1) SUBMISSION OF PROJECT MANAGEMENT

5 PLANS.—The Secretary shall establish a process, in6 cluding specifying formats, methods, and procedures, 

7 for applicants to submit a project management plan 

8 to the Secretary for a project in the BeST Inventory. 

9 Consistent with requirements in section 22903, project 

10 management plans shall— 

11 ‘‘(A) describe the schedules, management ac12 tions, workforce availability, interagency agree13 ments, permitting, track outage availability, and 

14 other factors that will determine the entity’s abil15 ity to carry out a project included in the BeST 

16 Inventory; and 

17 ‘‘(B) be updated and resubmitted in accord18 ance with this subsection every 2 years according 

19 to the schedule in the most recent Service Devel20 opment Plan, or equivalent multi-state regional 

21 planning document with a completed Tier I en22 vironmental review conducted pursuant to the 

23 National Environmental Policy Act of 1969 (42 

24 U.S.C. 4321 et seq.). 


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1 ‘‘(2) NORTHEAST CORRIDOR PROJECTS.—For 

2 projects on the Northeast Corridor, an applicant shall 

3 submit such project management plan to the North4 east Corridor Commission. Upon receipt of such plan, 

5 the Northeast Corridor Commission shall submit to 

6 the Secretary an updated Service Development Plan 

7 that describes the schedule and sequencing of all cap8 ital projects on the Northeast Corridor, including esti9 mates of the amount each sponsor entity will need in 

10 program funding for each of the next 2 fiscal years 

11 to carry out the entity’s projects according to the 

12 Service Development Plan. 

13 ‘‘(e) COST METHODOLOGY POLICY REQUIREMENTS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall ensure, 

15 as a condition of a grant agreement under this sec16 tion for any project located in a railroad territory 

17 where a policy established pursuant to section 

18 24905(c) or section 209 of the Passenger Rail Invest19 ment and Improvement Act of 2008 (49 U.S.C. 24101 

20 note) applies, that a recipient of funds under either 

21 such section maintain compliance with the policies, 

22 or any updates to any applicable cost methodology 

23 policy, for the railroad territory encompassing the 

24 project location. 


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1 ‘‘(2) PENALTY FOR NONCOMPLIANCE.—If such re2 cipient does not maintain compliance with the poli3 cies described in paragraph (1), the Secretary may— 

4 ‘‘(A) withhold funds under this subsection 

5 from such recipient up to the amount the recipi6 ent owes, but has not paid; and 

7 ‘‘(B) permanently reallocate such funds to 

8 other recipients after a reasonable period. 

9 ‘‘(f) DEFINITIONS.—In this section: 

10 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti11 ty’ means— 

12 ‘‘(A) a State, including the District of Co13 lumbia; 

14 ‘‘(B) a group of States; 

15 ‘‘(C) an Interstate Compact; 

16 ‘‘(D) a public agency or publicly chartered 

17 authority established by one or more States; 

18 ‘‘(E) a political subdivision of a State; 

19 ‘‘(F) Amtrak; 

20 ‘‘(G) An Indian Tribe; or 

21 ‘‘(H) any combination of the entities listed 

22 in subparagraphs (A) through (G). 

23 ‘‘(2) MAJOR CAPITAL PROJECT.—The term 

24 ‘major capital project’ means a rail bridge, station, or 


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1 tunnel project used for intercity passenger rail service 

2 that has a total project cost of at least $500,000,000. 

3 ‘‘(3) NORTHEAST CORRIDOR.—The term ‘North4 east Corridor’ has the meaning given the term in sec5 tion 24904(e). 

6 ‘‘(4) PUBLICLY OWNED.—The term ‘publicly 

7 owned’ means major capital projects that are at least 

8 partially owned or planned to be owned by the Fed9 eral Government or an eligible entity. 

10 ‘‘(5) CO-LOCATED PROJECT.—The term ‘co-lo11 cated project’ means a capital project that is adjacent 

12 to a major capital project and can be carried out dur13 ing the same period.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chapter 

15 229 of title 49, United States Code, is amended by adding 

16 at the end the following: 

‘‘22909. Bridges, stations, and tunnels (BeST) grant program.’’. 

17 SEC. 9106. BUY AMERICA. 

18 Section 22905(a) of title 49, United States Code, is 

19 amended— 

20 (1) in paragraph (2)— 

21 (A) in subparagraph (B) by adding ‘‘or’’ at 

22 the end; 

23 (B) by striking subparagraph (C); and 

24 (C) by redesignating subparagraph (D) as 

25 subparagraph (C); 


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1 (2) by striking paragraph (4) and inserting the 

2 following: 

3 ‘‘(4)(A) If the Secretary receives a request for a 

4 waiver under paragraph (2), the Secretary shall pro5 vide notice of and an opportunity for public comment 

6 on the request at least 30 days before making a find7 ing based on the request. 

8 ‘‘(B) A notice provided under subparagraph (A) 

9 shall— 

10 ‘‘(i) include the information available to the 

11 Secretary concerning the request, including 

12 whether the request is being made under sub13 paragraph (A), (B), or (C) of paragraph (2); 

14 and 

15 ‘‘(ii) be provided by electronic means, in16 cluding on the official public website of the De17 partment of Transportation.’’; 

18 (3) in paragraph (5)— 

19 (A) by striking ‘‘2012’’ and inserting 

20 ‘‘2020, and each year thereafter’’; and 

21 (B) by inserting ‘‘during the preceding fis22 cal year’’ before the period; and 

23 (4) by adding at the end the following: 

24 ‘‘(12) The requirements of this subsection apply to all 

25 contracts for a project carried out within the scope of the 


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1 applicable finding, determination, or decisions under the 

2 National Environmental Policy Act of 1969 (42 U.S.C. 

3 4321 et seq.), regardless of the funding source for activities 

4 carried out pursuant to such contracts, if at least 1 contract 

5 for the project is funded with amounts made available to 

6 carry out a provision specified in paragraph (1).’’. 

7 TITLE II—AMTRAK REFORMS 

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

9 Section 24101 of title 49, United States Code, is 

10 amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘, to the extent its budg14 et allows,’’; and 

15 (ii) by striking ‘‘between crowded 

16 urban areas and in other areas of’’ and in17 serting ‘‘throughout’’; 

18 (B) in paragraph (2) by striking the period 

19 and inserting ‘‘, thereby providing additional ca20 pacity for the traveling public and widespread 

21 air quality benefits.’’; 

22 (C) in paragraph (4)— 

23 (i) by striking ‘‘greater’’ and inserting 

24 ‘‘high’’; and 


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1 (ii) by striking ‘‘to Amtrak to achieve 

2 a performance level sufficient to justify ex3 pending public money’’ and inserting ‘‘in 

4 order to meet the intercity passenger rail 

5 needs of the United States’’; 

6 (D) in paragraph (5)— 

7 (i) by inserting ‘‘intercity and’’ after 

8 ‘‘efficient’’; and 

9 (ii) by striking ‘‘the energy conserva10 tion and self-sufficiency’’ and inserting ‘‘ad11 dressing climate change, energy conserva12 tion, and self-sufficiency’’; 

13 (E) in paragraph (6) by striking ‘‘through 

14 its subsidiary, Amtrak Commuter,’’; and 

15 (F) by adding at the end the following: 

16 ‘‘(9) Long-distance intercity passenger rail provides 

17 economic benefits to rural communities and offers intercity 

18 travel opportunities where such options are often limited, 

19 making long-distance intercity passenger rail an important 

20 part of the national transportation system. 

21 ‘‘(10) The Northeast Corridor, long-distance routes, 

22 and State-supported routes are interconnected and collec23 tively provide national rail passenger transportation. 


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1 ‘‘(11) Investments in intercity and commuter rail pas2 senger transportation support jobs that provide a pathway 

3 to the middle class.’’; 

4 (2) in subsection (b) by striking ‘‘The’’ and all 

5 that follows through ‘‘consistent’’ and inserting ‘‘The 

6 mission of Amtrak is to provide a safe, efficient, and 

7 high-quality national intercity passenger rail system 

8 that is trip-time competitive with other intercity 

9 travel options, consistent’’; 

10 (3) in subsection (c)— 

11 (A) by striking paragraph (1) and inserting 

12 the following: 

13 ‘‘(1) use its best business judgment in acting to 

14 maximize the benefits of public funding;’’; 

15 (B) in paragraph (2)— 

16 (i) by striking ‘‘minimize Government 

17 subsidies by encouraging’’ and inserting 

18 ‘‘work with’’; and 

19 (ii) by striking the semicolon and in20 serting ‘‘and improvements to service;’’; 

21 (C) by striking paragraph (3) and inserting 

22 the following: 

23 ‘‘(3) manage the passenger rail network in the 

24 interest of public transportation needs, including cur25 rent and future Amtrak passengers;’’; 


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1 (D) in paragraph (7) by striking ‘‘encour2 age’’ and inserting ‘‘work with’’; 

3 (E) in paragraph (11) by striking ‘‘and’’ 

4 the last place it appears; and 

5 (F) by striking paragraph (12) and insert6 ing the following: 

7 ‘‘(12) utilize and manage resources with a long8 term perspective, including sound investments that 

9 take into account the overall lifecycle costs of an asset; 

10 ‘‘(13) ensure that service is accessible, equitable, 

11 and accommodating to passengers with disabilities 

12 and members of underserved communities; and 

13 ‘‘(14) maximize the benefits Amtrak generates for 

14 the United States by creating quality jobs and sup15 porting the domestic workforce.’’; and 

16 (4) by striking subsection (d). 

17 SEC. 9202. AMTRAK STATUS. 

18 Section 24301(a) of title 49, United States Code, is 

19 amended— 

20 (1) in paragraph (1) by striking ‘‘20102(2)’’ and 

21 inserting ‘‘20102’’; and 

22 (2) in paragraph (2) by inserting ‘‘serving the 

23 public interest in reliable passenger rail service’’ after 

24 ‘‘for-profit corporation’’. 


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1 SEC. 9203. BOARD OF DIRECTORS. 

2 (a) IN GENERAL.—Section 24302 of title 49, United 

3 States Code, is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1)— 

6 (i) in subparagraph (B) by striking 

7 ‘‘President of Amtrak’’ and inserting ‘‘Chief 

8 Executive Officer of Amtrak’’; and 

9 (ii) by striking subparagraph (C) and 

10 inserting the following: 

11 ‘‘(C) 8 individuals appointed by the Presi12 dent of the United States, by and with the advice 

13 and consent of the Senate, with a record of sup14 port for national intercity passenger rail service. 

15 Of the individuals appointed— 

16 ‘‘(i) 1 shall be a Mayor or Governor of 

17 a location served by a regularly scheduled 

18 Amtrak service on the Northeast Corridor; 

19 ‘‘(ii) 1 shall be a Mayor or Governor 

20 of a location served by a regularly scheduled 

21 Amtrak service that is not on the Northeast 

22 Corridor; 

23 ‘‘(iii) 1 shall be a representative of 

24 Amtrak employees; 

25 ‘‘(iv) 1 shall be an individual with a 

26 history of regular Amtrak ridership and an 


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1 understanding of the concerns of intercity 

2 rail passengers; 

3 ‘‘(v) 1 shall be an individual with— 

4 ‘‘(I) demonstrated experience or 

5 demonstrated interest in the Northeast 

6 Corridor and the National Network; 

7 and 

8 ‘‘(II) industry experience or 

9 qualifications in transportation, 

10 freight and passenger rail transpor11 tation, travel, or passenger air trans12 portation; and 

13 ‘‘(vi) 1 shall be an individual with 

14 general business and financial experience 

15 who has demonstrated experience or dem16 onstrated interest in the Northeast Corridor 

17 and the National Network.’’; 

18 (B) in paragraph (2) by inserting ‘‘users of 

19 Amtrak, including the elderly and individuals 

20 with disabilities, and’’ after ‘‘and balanced rep21 resentation of’’; 

22 (C) in paragraph (3)— 

23 (i) by striking ‘‘Not more than 5’’ and 

24 inserting ‘‘Not more than 4’’; and 


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1 (ii) by adding at the end the following: 

2 ‘‘A member of the Board appointed under 

3 clause (i) or (ii) of paragraph (1)(C) shall 

4 serve for a term of 5 years or until such 

5 member leaves the elected office such mem6 ber occupied at the time such member was 

7 appointed, whichever is first.’’; 

8 (D) in paragraph (4) by striking ‘‘Presi9 dent’’ and inserting ‘‘Chief Executive Officer’’; 

10 and 

11 (E) by striking paragraph (5) and inserting 

12 the following: 

13 ‘‘(5) The Secretary and any Governor of a State 

14 may be represented at a Board meeting by a des15 ignee.’’; 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘PAY AND EXPENSES’’ and 

18 inserting ‘‘DUTIES, PAY, AND EXPENSES’’; and 

19 (B) by inserting ‘‘Each director must con20 sider the well-being of current and future Am21 trak passengers, the public interest in sustain22 able national passenger rail service, and balance 

23 the preceding considerations with the fiduciary 

24 responsibilities of the director and the mission 

25 and goals of Amtrak.’’ before ‘‘Each director not 


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1 employed by the United States Government or 

2 Amtrak’’; and 

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

4 ‘‘(g) GOVERNOR DEFINED.—In this section, the term 

5 ‘Governor’ means the Governor of a State or the Mayor of 

6 the District of Columbia and includes a designee of the Gov7 ernor.’’. 

8 (b) TIMING OF NEW BOARD REQUIREMENTS.—The ap9 pointment and membership requirements under section 

10 24302 of title 49, United States Code (as amended by this 

11 Act), shall apply to any member of the Board appointed 

12 pursuant to subsection (a)(1)(C) of such section who is ap13 pointed on or after the date of enactment of this Act. 

14 SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT. 

15 (a) IN GENERAL.—Section 24308(c) of title 49, United 

16 States Code, is amended by adding at the end the following: 

17 ‘‘Notwithstanding section 24103(a) and section 24308(f), 

18 Amtrak shall have the right to bring an action for equitable 

19 or other relief in the United States District Court for the 

20 District of Columbia to enforce the preference rights granted 

21 under this subsection.’’. 

22 (b) CONFORMING AMENDMENT.—Section 24103 of title 

23 49, United States Code, is amended by inserting ‘‘and sec24 tion 24308(c)’’ before ‘‘, only the Attorney General’’. 


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1 SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES 

2 TO AMTRAK. 

3 Section 24308(e) of title 49, United States Code, is 

4 amended— 

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

6 following: ‘‘(1)(A) When a rail carrier does not agree 

7 to allow Amtrak to operate additional trains in ac8 cordance with proposed schedules over any rail line of 

9 the carrier on which Amtrak is operating or seeks to 

10 operate, Amtrak may submit an application to the 

11 Board for an order requiring the carrier to allow for 

12 the operation of the requested trains. Not later than 

13 90 days after receipt of such application, the Board 

14 shall determine whether the additional trains would 

15 unreasonably impair freight transportation and— 

16 ‘‘(i) upon a determination that such trains 

17 do not unreasonably impair freight transpor18 tation, order the rail carrier to allow for the op19 eration of such trains on a schedule established 

20 by the Board; or 

21 ‘‘(ii) upon a determination that such trains 

22 do unreasonably impair freight transportation, 

23 initiate a proceeding to determine any addi24 tional infrastructure investments required by, or 

25 on behalf of, Amtrak. 


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1 ‘‘(B) If Amtrak seeks to resume operation of a 

2 train that Amtrak operated during the 5-year period 

3 preceding an application described in subparagraph 

4 (A), the Board shall apply a presumption that the re5 sumed operation of such train will not unreasonably 

6 impair freight transportation unless the Board finds 

7 that there are substantially changed circumstances.’’; 

8 (2) in paragraph (2)— 

9 (A) by striking ‘‘The Board shall consider’’ 

10 and inserting ‘‘The Board shall’’; 

11 (B) by striking subparagraph (A) and in12 serting the following: 

13 ‘‘(A) in making the determination under para14 graph (1), take into account any infrastructure in15 vestments previously made by, or on behalf of, Am16 trak, or proposed in Amtrak’s application, with the 

17 rail carrier having the burden of demonstrating that 

18 the additional trains will unreasonably impair the 

19 freight transportation; and’’; and 

20 (C) in subparagraph (B) by inserting ‘‘con21 sider investments described in subparagraph (A) 

22 and’’ after ‘‘times,’’; and 

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

24 ‘‘(4) In a proceeding initiated by the Board under 

25 paragraph (1)(A)(ii), the Board shall solicit the views of 


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1 the parties and require the parties to provide any necessary 

2 data or information. Not later than 180 days after the date 

3 on which the Board makes a determination under para4 graph (1)(A)(ii), the Board shall issue an order requiring 

5 the rail carrier to allow for the operation of the requested 

6 trains provided that any conditions enumerated by the 

7 Board are met. In determining the necessary level of addi8 tional infrastructure or other investments needed to miti9 gate unreasonable impairment of freight transportation, the 

10 Board shall use any criteria, assumptions, and processes 

11 it considers appropriate. 

12 ‘‘(5) The provisions of this subsection shall be in addi13 tion to any other statutory or contractual remedies Amtrak 

14 may have with respect to operating the additional trains.’’. 

15 SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION. 

16 (a) IN GENERAL.—Section 28103 of title 49, United 

17 States Code, is amended— 

18 (1) by redesignating subsection (e) as subsection 

19 (f); and 

20 (2) by inserting after subsection (d) the fol21 lowing: 

22 ‘‘(e) PROHIBITION ON CHOICE-OF-FORUM CLAUSE.— 

23 ‘‘(1) IN GENERAL.—Amtrak may not impose a 

24 choice-of-forum clause that attempts to preclude a 

25 passenger, or a person who purchases a ticket for rail 


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1 transportation on behalf of a passenger, from bring2 ing a claim against Amtrak in any court of com3 petent jurisdiction, including a court within the ju4 risdiction of the residence of such passenger in the 

5 United States (provided that Amtrak does business 

6 within that jurisdiction). 

7 ‘‘(2) COURT OF COMPETENT JURISDICTION.— 

8 Under this subsection, a court of competent jurisdic9 tion may not include an arbitration forum.’’. 

10 (b) EFFECTIVE DATE.—This section, and the amend11 ments made by this section, shall apply to any claim that 

12 arises on or after the date of enactment of this Act. 

13 SEC. 9207. AMTRAK ADA ASSESSMENT. 

14 (a) ASSESSMENT.—Amtrak shall conduct an assess15 ment and review of all Amtrak policies, procedures, proto16 cols, and guidelines for compliance with the requirements 

17 of the Americans With Disabilities Act of 1990 (42 U.S.C. 

18 12101 et seq.). 

19 (b) REPORT.—Not later than 180 days after the date 

20 of enactment of this Act, Amtrak shall submit to the Com21 mittee on Transportation and Infrastructure of the House 

22 of Representatives and the Committee on Commerce, 

23 Science, and Transportation of the Senate a report on the 

24 results of the assessment conducted under subsection (a). 


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1 (c) CONTENTS.—The report required under subsection 

2 (b) shall include— 

3 (1) a summary of the policies, procedures, proto4 cols, and guidelines reviewed; 

5 (2) any necessary changes to such policies, proce6 dures, protocols, and guidelines to ensure compliance 

7 with the Americans With Disabilities Act of 1990 (42 

8 U.S.C. 12101 et seq.), including full compliance 

9 under such Act for stations and facilities for which 

10 Amtrak has responsibility under such Act and consid11 eration of the needs of individuals with disabilities 

12 when procuring rolling stock and setting ticket fares; 

13 and 

14 (3) an implementation plan and timeline for 

15 making any such necessary changes. 

16 (d) ENGAGEMENT.—Amtrak shall engage with a range 

17 of advocates for individuals with disabilities during the as18 sessment conducted under subsection (a), and develop an 

19 ongoing and standardized process for engagement with ad20 vocates for individuals with disabilities. 

21 (e) PERIODIC EVALUATION.—At least once every 2 

22 years, Amtrak shall review and update, as necessary, Am23 trak policies, procedures, protocols, and guidelines to ensure 

24 compliance with the Americans With Disabilities Act of 

25 1990 (42 U.S.C. 12101 et seq.). 


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1 SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS. 

2 (a) IN GENERAL.—Chapter 243 of title 49, United 

3 States Code, is amended by adding at the end the following: 

4 ‘‘§ 24323. Prohibition on smoking on Amtrak trains 

5 ‘‘(a) PROHIBITION.—Beginning on the date of enact6 ment of the TRAIN Act, Amtrak shall prohibit smoking on 

7 board Amtrak trains. 

8 ‘‘(b) ELECTRONIC CIGARETTES.— 

9 ‘‘(1) INCLUSION.—The use of an electronic ciga10 rette shall be treated as smoking for purposes of this 

11 section. 

12 ‘‘(2) ELECTRONIC CIGARETTE DEFINED.—In this 

13 section, the term ‘electronic cigarette’ means a device 

14 that delivers nicotine or other substances to a user of 

15 the device in the form of a vapor that is inhaled to 

16 simulate the experience of smoking.’’. 

17 (b) CONFORMING AMENDMENT.—The analysis for 

18 chapter 243 of title 49, United States Code, is amended by 

19 adding at the end the following: 

‘‘24323. Prohibition on smoking on Amtrak trains.’’. 

20 SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AM21 TRAK. 

22 Section 24712 of title 49, United States Code, is 

23 amended to read as follows: 

24 ‘‘§ 24712. State-supported routes operated by Amtrak 

25 ‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 


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1 ‘‘(1) ESTABLISHMENT.—There is established a 

2 State-Supported Route Committee (referred to in this 

3 section as the ‘Committee’) to promote mutual co4 operation and planning pertaining to the current and 

5 future rail operations of Amtrak and related activi6 ties of trains operated by Amtrak on State-supported 

7 routes and to further implement section 209 of the 

8 Passenger Rail Investment and Improvement Act of 

9 2008 (49 U.S.C. 24101 note). 

10 ‘‘(2) MEMBERSHIP.— 

11 ‘‘(A) IN GENERAL.—The Committee shall 

12 consist of— 

13 ‘‘(i) members representing Amtrak; 

14 ‘‘(ii) members representing the Depart15 ment of Transportation, including the Fed16 eral Railroad Administration; and 

17 ‘‘(iii) members representing States. 

18 ‘‘(B) NON-VOTING MEMBERS.—The Com19 mittee may invite and accept other non-voting 

20 members to participate in Committee activities, 

21 as appropriate. 

22 ‘‘(3) DECISIONMAKING.—The Committee shall es23 tablish a bloc voting system under which, at a min24 imum— 


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1 ‘‘(A) there are 3 separate voting blocs to 

2 represent the Committee’s voting members, in3 cluding— 

4 ‘‘(i) 1 voting bloc to represent the 

5 members described in paragraph (2)(A)(i); 

6 ‘‘(ii) 1 voting bloc to represent the 

7 members described in paragraph (2)(A)(ii); 

8 and 

9 ‘‘(iii) 1 voting bloc to represent the 

10 members described in paragraph (2)(A)(iii); 

11 ‘‘(B) each voting bloc has 1 vote; 

12 ‘‘(C) the votes of the voting bloc representing 

13 the members described in paragraph (2)(A)(iii) 

14 requires the support of at least two-thirds of that 

15 voting bloc’s members; and 

16 ‘‘(D) the Committee makes decisions by 

17 unanimous consent of the 3 voting blocs. 

18 ‘‘(4) ABILITY TO CONDUCT CERTAIN BUSINESS.— 

19 If all members of a voting bloc described in para20 graph (3) abstain from a Committee decision, agree21 ment between the other voting blocs consistent with 

22 the procedures set forth in paragraph (3) shall be 

23 deemed unanimous consent. 

24 ‘‘(5) MEETINGS; RULES AND PROCEDURES.—The 

25 Committee shall define and periodically update the 


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1 rules and procedures governing the Committee’s pro2 ceedings. The rules and procedures shall— 

3 ‘‘(A) incorporate and further describe the 

4 decisionmaking procedures to be used in accord5 ance with paragraph (3); and 

6 ‘‘(B) be adopted in accordance with such de7 cisionmaking procedures. 

8 ‘‘(6) COMMITTEE DECISIONS.—Decisions made 

9 by the Committee in accordance with the Committee’s 

10 rules and procedures, once established, are binding on 

11 all Committee members. 

12 ‘‘(7) COST METHODOLOGY POLICY.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), the Committee may amend the cost 

15 methodology policy required and previously ap16 proved under section 209 of the Passenger Rail 

17 Investment and Improvement Act of 2008 (49 

18 U.S.C. 24101 note). 

19 ‘‘(B) REVISIONS TO COST METHODOLOGY

20 POLICY.— 

21 ‘‘(i) REQUIREMENT TO REVISE AND

22 UPDATE.—Subject to the requirements of 

23 clause (iii), the Committee shall, not later 

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1 proved under section 209 of the Passenger 

2 Rail Investment and Improvement Act of 

3 2008 (49 U.S.C. 24101 note). Such update 

4 shall be consistent with the principles for 

5 revision of the Committee pursuant to such 

6 section and consistent with any subsequent 

7 changes to such principles approved by the 

8 Committee. The Committee shall implement 

9 the updated policy beginning in fiscal year 

10 2023 and shall submit to the Committee on 

11 Transportation and Infrastructure of the 

12 House of Representatives and the Committee 

13 on Commerce, Science, and Transportation 

14 of the Senate a report documenting and ex15 plaining any changes to the policy and 

16 plans for implementation not later than 30 

17 days after the adoption of the updated pol18 icy. 

19 ‘‘(ii) IMPLEMENTATION IMPACTS ON

20 FEDERAL FUNDING.—To the extent that a 

21 policy implemented pursuant to clause (i) 

22 assigns to Amtrak costs that were previously 

23 allocated to States, Amtrak shall request 

24 such costs in the general and legislative an25 nual report required by section 24315 or in 


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1 any appropriate subsequent Federal fund2 ing request for the fiscal year in which the 

3 revised policy is implemented. 

4 ‘‘(iii) PROCEDURES FOR CHANGING

5 METHODOLOGY.—The rules and procedures 

6 implemented under paragraph (5) shall in7 clude procedures for changing the cost meth8 odology policy under this subparagraph, 

9 notwithstanding section 209(b) of the Pas10 senger Rail Investment and Improvement 

11 Act (49 U.S.C. 22 24101 note), and proce12 dures or broad guidelines for conducting fi13 nancial planning, including operating and 

14 capital forecasting, reporting, and data 

15 sharing and governance. 

16 ‘‘(C) REQUIREMENTS.—The cost method17 ology policy shall— 

18 ‘‘(i) ensure equal treatment in the pro19 vision of like services of all States and 

20 groups of States; 

21 ‘‘(ii) assign to each route the costs in22 curred only for the benefit of that route and 

23 a proportionate share, based upon factors 

24 that reasonably reflect relative use, of costs 


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1 incurred for the common benefit of more 

2 than 1 route; and 

3 ‘‘(iii) promote increased efficiency in 

4 Amtrak’s operating and capital activities. 

5 ‘‘(b) INVOICES AND REPORTS.— 

6 ‘‘(1) MONTHLY INVOICE.—Amtrak shall provide 

7 to each State that sponsors a State-supported route a 

8 monthly invoice of the cost of operating such route, 

9 including fixed costs and third-party costs. 

10 ‘‘(2) PLANNING AND DEMAND REPORTS.—A State 

11 shall provide to the Committee and Amtrak planning 

12 and demand reports with respect to a planned or ex13 isting State-supported route. 

14 ‘‘(3) FINANCIAL AND PERFORMANCE REPORTS.— 

15 The Committee shall require Amtrak to provide to the 

16 States and the Committee financial and performance 

17 reports at a frequency, and containing such informa18 tion, as determined appropriate by the Committee. 

19 ‘‘(c) DISPUTE RESOLUTION.— 

20 ‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If a 

21 dispute arises with respect to the rules and procedures 

22 implemented under subsection (a)(5), an invoice or a 

23 report provided under subsection (b), implementation 

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1 ment and Improvement Act of 2008 (49 U.S.C. 24101 

2 note) or amended under subsection (a)(7) of this sec3 tion, either Amtrak or the State may request that the 

4 Surface Transportation Board conduct dispute resolu5 tion under this subsection. 

6 ‘‘(2) PROCEDURES.—The Surface Transportation 

7 Board shall establish procedures for resolution of dis8 putes brought before it under this subsection, which 

9 may include provision of professional mediation serv10 ices. 

11 ‘‘(3) BINDING EFFECT.—A decision of the Sur12 face Transportation Board under this subsection shall 

13 be binding on the parties to the dispute. 

14 ‘‘(4) OBLIGATION.—Nothing in this subsection 

15 shall affect the obligation of a State to pay an 

16 amount related to a State-supported route that a 

17 State sponsors that is not in dispute. 

18 ‘‘(d) ASSISTANCE.— 

19 ‘‘(1) IN GENERAL.—The Secretary may provide 

20 assistance to the parties in the course of negotiations 

21 for a contract for operation of a State-supported 

22 route. 

23 ‘‘(2) FINANCIAL ASSISTANCE.—From among 

24 available funds, the Secretary shall provide— 


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1 ‘‘(A) financial assistance to Amtrak or 1 or 

2 more States to perform requested independent 

3 technical analysis of issues before the Committee; 

4 and 

5 ‘‘(B) administrative expenses that the Sec6 retary determines necessary. 

7 ‘‘(e) PERFORMANCE METRICS.—In negotiating a con8 tract for operation of a State-supported route, Amtrak and 

9 the State or States that sponsor the route shall consider in10 cluding provisions that provide penalties and incentives for 

11 performance, including incentives to— 

12 ‘‘(1) increase revenue; 

13 ‘‘(2) reduce costs; 

14 ‘‘(3) finalize contracts by the beginning of the 

15 Federal fiscal year; and 

16 ‘‘(4) require States to promptly make payments 

17 for services delivered. 

18 ‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 

19 ‘‘(1) IN GENERAL.—The Committee shall develop 

20 and annually review and update, as necessary, a 

21 statement of goals, objectives, and associated rec22 ommendations concerning the future of State-sup23 ported routes operated by Amtrak. The statement 

24 shall identify the roles and responsibilities of Com25 mittee members and any other relevant entities, such 


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1 as host railroads, in meeting the identified goals and 

2 objectives, or carrying out the recommendations. The 

3 statement shall include a list of capital projects, in4 cluding infrastructure, fleet, station, and facility ini5 tiatives, needed to support the growth of State-sup6 ported routes. The Committee may consult with such 

7 relevant entities, as the Committee considers appro8 priate, when developing the statement. 

9 ‘‘(2) TRANSMISSION OF STATEMENT OF GOALS

10 AND OBJECTIVES.—Not later than March 31 of each 

11 year, the Committee shall submit to the Committee on 

12 Commerce, Science, and Transportation of the Senate 

13 and the Committee on Transportation and Infrastruc14 ture of the House of Representatives the most recent 

15 annual update to the statement developed under para16 graph (1). 

17 ‘‘(g) NEW OR EXPANDED STATE-SUPPORTED

18 ROUTES.— 

19 ‘‘(1) COORDINATION AND CONSULTATION.—In de20 veloping a new State-supported route or expanding 

21 an existing State-supported route, Amtrak shall close22 ly coordinate with all States in which such route op23 erates, and shall consult with the following: 

24 ‘‘(A) The local municipalities in which the 

25 proposed route operates. 


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1 ‘‘(B) Commuter authorities and regional 

2 transportation authorities (as such terms are de3 fined in section 24102) in the areas proposed to 

4 be served by such route. 

5 ‘‘(C) The owner of any rail infrastructure 

6 over which the proposed route operates. 

7 ‘‘(D) Administrator of the Federal Railroad 

8 Administration. 

9 ‘‘(E) Other stakeholders, as appropriate. 

10 ‘‘(2) STATE COMMITMENTS.—Notwithstanding 

11 any other provision of law, before beginning construc12 tion necessary for, or beginning operation of, a State13 supported route that is initiated or expanded on or 

14 after the date of enactment of the TRAIN Act, Amtrak 

15 shall enter into an agreement with the State in which 

16 the proposed route operates for sharing ongoing oper17 ating costs and capital costs in accordance with— 

18 ‘‘(A) the cost methodology policy described 

19 under subsection (a)(7); or 

20 ‘‘(B) the alternative cost methodology sched21 ule described in paragraph (3). 

22 ‘‘(3) ALTERNATIVE COST METHODOLOGY.—Under 

23 the cost methodology schedule described in this para24 graph, with respect to costs not covered by revenues 


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1 for the operation of a State-supported route, Amtrak 

2 shall pay— 

3 ‘‘(A) the share Amtrak otherwise would have 

4 paid under the cost methodology under sub5 section (a); and 

6 ‘‘(B) a percentage of the share that the State 

7 otherwise would have paid under the cost meth8 odology policy under subsection (a) according to 

9 the following: 

10 ‘‘(i) Amtrak shall pay up to 100 per11 cent of the capital costs and planning costs 

12 necessary to initiate a new State-supported 

13 route or expand an existing State-supported 

14 route, including planning and development, 

15 design, and environmental analysis costs, 

16 prior to beginning operations on the new 

17 route. 

18 ‘‘(ii) For the first 2 years of operation, 

19 Amtrak shall pay for 100 percent of oper20 ating costs and capital costs. 

21 ‘‘(iii) For the third year of operation, 

22 Amtrak shall pay 90 percent of operating 

23 costs and capital costs and the State shall 

24 pay the remainder. 


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1 ‘‘(iv) For the fourth year of operation, 

2 Amtrak shall pay 80 percent of operating 

3 costs and capital costs and the State shall 

4 pay the remainder 

5 ‘‘(v) For the fifth year of operation, 

6 Amtrak shall pay 50 percent of operating 

7 costs and capital costs and the State shall 

8 pay the remainder. 

9 ‘‘(vi) For the sixth year of operation 

10 and thereafter, operating costs and capital 

11 costs shall be allocated in accordance with 

12 the cost methodology policy described under 

13 subsection (a) as applicable. 

14 ‘‘(4) DEFINITIONS.—In this subsection, the terms 

15 ‘capital cost’ and ‘operating cost’ shall apply in the 

16 same manner as such terms apply under the cost 

17 methodology policy developed under subsection (a). 

18 ‘‘(h) COST METHODOLOGY UPDATE AND IMPLEMENTA19 TION REPORT.—Not later than 18 months after an updated 

20 cost methodology policy required under subsection (a)(7)(B) 

21 is implemented, the Committee shall submit to the Com22 mittee on Transportation and Infrastructure of the House 

23 of Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate a report assess25 ing the implementation of the updated policy. 


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1 ‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE

2 CHANGES.—Amtrak shall provide an update in the general 

3 and legislative annual report required by 24315(b) of 

4 planned or proposed changes to State-supported routes, in5 cluding the introduction of new State-supported routes. In 

6 identifying routes to be considered planned or proposed 

7 under this subsection, Amtrak shall— 

8 ‘‘(1) identify the timeframe in which such 

9 changes could take effect and whether Amtrak has en10 tered into a commitment with a State under sub11 section (g)(2); and 

12 ‘‘(2) consult with the Committee and any addi13 tional States in which a planned or proposed route 

14 may operate, not less than 120 days before an annual 

15 grant request is transmitted to the Secretary. 

16 ‘‘(j) RULE OF CONSTRUCTION.—The decisions of the 

17 Committee— 

18 ‘‘(1) shall pertain to the rail operations of Am19 trak and related activities of trains operated by Am20 trak on State-sponsored routes; and 

21 ‘‘(2) shall not pertain to the rail operations or 

22 related activities of services operated by other rail 

23 carriers on State-supported routes. 

24 ‘‘(k) DEFINITION OF STATE.—In this section, the term 

25 ‘State’ means any of the 50 States, including the District 


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1 of Columbia, that sponsor or propose to sponsor the oper2 ation of trains by Amtrak on a State-supported route, or 

3 a public entity that sponsors or proposes to sponsor such 

4 operation on such a route.’’. 

5 SEC. 9210. AMTRAK POLICE DEPARTMENT. 

6 (a) DEPARTMENT MISSION.—Not later than 180 days 

7 after the date of enactment of this Act, Amtrak shall iden8 tify the mission of the Amtrak Police Department (in this 

9 section referred to as the ‘‘Department’’), including the 

10 scope of the role and priorities of the Department, in miti11 gating risks to and ensuring the safety and security of Am12 trak passengers, employees, trains, stations, facilities, and 

13 other infrastructure. In identifying such mission, Amtrak 

14 shall consider— 

15 (1) the unique needs of maintaining the safety 

16 and security of Amtrak’s network; and 

17 (2) comparable passenger rail systems and the 

18 mission of the police departments of such rail systems. 

19 (b) WORKFORCE PLANNING PROCESS.—Not later than 

20 120 days after identifying the mission of the Department 

21 under subsection (a), Amtrak shall develop a workforce 

22 planning process that— 

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1 trol officers, necessary for fulfilling the Department’s 

2 mission; and 

3 (2) sets performance goals and metrics for the 

4 Department that align with the mission of the De5 partment and monitors and evaluates the Depart6 ment’s progress toward such goals and metrics. 

7 (c) CONSIDERATIONS.—In developing the workforce 

8 planning process under subsection (b), Amtrak shall— 

9 (1) identify critical positions, skills, and com10 petencies necessary for fulfilling the Department’s 

11 mission; 

12 (2) analyze employment levels and ensure that— 

13 (A) an adequate number of civilian and 

14 sworn personnel are allocated across the Depart15 ment’s 6 geographic divisions, including patrol 

16 officers, detectives, canine units, special oper17 ations unit, strategic operations, intelligence, 

18 corporate security, the Office of Professional Re19 sponsibilities, and the Office of Chief of Polices; 

20 and 

21 (B) patrol officers have an adequate pres22 ence on trains and route segments, and in sta23 tions, facilities, and other infrastructure; 

24 (3) analyze workforce gaps and develop strategies 

25 to address any such gaps; 


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1 (4) consider risks, including those identified by 

2 Amtrak’s triannual risk assessments; 

3 (5) consider variables, including ridership levels, 

4 miles of right-of-way, crime data, call frequencies, 

5 interactions with vulnerable populations, and work6 load, that comparable passenger rail systems with 

7 similar police departments consider in the develop8 ment of the workforce plans of such systems; and 

9 (6) consider collaboration or coordination with 

10 local, State, Tribal, and Federal agencies, and public 

11 transportation agencies to support the safety and se12 curity of the Amtrak network. 

13 (d) CONSULTATION.—In carrying out this section, Am14 trak shall consult with the Amtrak Police Labor Committee, 

15 public safety experts, foreign or domestic entities providing 

16 passenger rail service comparable to Amtrak, and any other 

17 relevant entities, as determined by Amtrak. 

18 (e) REPORTS.— 

19 (1) REPORT ON MISSION OF DEPARTMENT.—Not 

20 later than 10 days after Amtrak identifies the mission 

21 of the Department under subsection (a), Amtrak shall 

22 submit to the Committee on Transportation and In23 frastructure of the House of Representatives and the 

24 Committee on Commerce, Science, and Transpor25 tation of the Senate a report containing a description 


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1 of the mission of the Department and the reasons for 

2 the content of such mission. 

3 (2) REPORT ON WORKFORCE PLANNING PROC4 ESS.—Not later than 10 days after Amtrak completes 

5 the workforce planning process under subsection (b), 

6 Amtrak shall submit to the Committee on Transpor7 tation and Infrastructure of the House of Representa8 tives and the Committee on Commerce, Science, and 

9 Transportation of the Senate a report containing the 

10 workforce planning process, the underlying data used 

11 to develop such process, and how such process will 

12 achieve the Department’s mission. 

13 SEC. 9211. AMTRAK FOOD AND BEVERAGE. 

14 (a) AMTRAK FOOD AND BEVERAGE.—Section 24321 of 

15 title 49, United States Code, is amended to read as follows: 

16 ‘‘§ 24321. Amtrak food and beverage 

17 ‘‘(a) ENSURING ACCESS TO FOOD AND BEVERAGE

18 SERVICES.—On all long-distance routes, Amtrak shall en19 sure that all passengers who travel overnight on such route 

20 shall have access to purchasing the food and beverages that 

21 are provided to sleeping car passengers on such route. 

22 ‘‘(b) FOOD AND BEVERAGE WORKFORCE.— 

23 ‘‘(1) WORKFORCE REQUIREMENT.—Amtrak shall 

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1 pares or provides food and beverages is an Amtrak 

2 employee. 

3 ‘‘(2) SAVINGS CLAUSE.—No Amtrak employee 

4 holding a position as of the date of enactment of the 

5 TRAIN Act may be involuntarily separated because 

6 of any action taken by Amtrak to implement this sec7 tion, including any employees who are furloughed as 

8 a result of the COVID–19 pandemic. 

9 ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 

10 Amtrak employee holding a position as of the date of enact11 ment of the Passenger Rail Reform and Investment Act of 

12 2015 is involuntarily separated because of the development 

13 and implementation of the plan required by the amend14 ments made by section 11207 of such Act.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) ANALYSIS.—The item relating to section 

17 24321 in the analysis for chapter 243 of title 49, 

18 United States Code, is amended to read as follows: 

‘‘24321. Amtrak food and beverage.’’. 

19 (2) AMTRAK AUTHORITY.—Section 24305(c)(4) of 

20 title 49, United States Code, is amended by striking 

21 ‘‘only if revenues from the services each year at least 

22 equal the cost of providing the services’’. 

23 (3) CONTRACTING OUT.—Section 121(c) of the 

24 Amtrak Reform and Accountability Act of 1997 (49 

25 U.S.C. 24312 note; 111 Stat. 2574) is amended by 


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1 striking ‘‘, other than work related to food and bev2 erage service,’’. 

3 (c) AMTRAK FOOD AND BEVERAGE WORKING

4 GROUP.— 

5 (1) ESTABLISHMENT.—Not later than 90 days 

6 after the date of enactment of this Act, Amtrak shall 

7 establish a working group (in this subsection referred 

8 to as the ‘‘Working Group’’) to provide recommenda9 tions on Amtrak onboard food and beverage services. 

10 (2) MEMBERSHIP.—The Working Group shall 

11 consist of— 

12 (A) an equal number of individuals rep13 resenting— 

14 (i) Amtrak; 

15 (ii) the labor organizations rep16 resenting Amtrak employees who prepare or 

17 provide onboard food and beverage services; 

18 (iii) the State-Supported Route Com19 mittee established by section 24712; and 

20 (iv) nonprofit organizations rep21 resenting Amtrak passengers; and 

22 (B) an individual with culinary or hospi23 tality expertise agreed to by the members under 

24 clauses (i) through (iv) of subparagraph (A). 

25 (3) RECOMMENDATIONS.— 


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1 (A) IN GENERAL.—The Working Group 

2 shall develop recommendations to increase rider3 ship and improve customer satisfaction by— 

4 (i) promoting collaboration and en5 gagement between Amtrak, Amtrak pas6 sengers, and Amtrak employees preparing 

7 or providing onboard food and beverage 

8 services, prior to Amtrak implementing 

9 changes to onboard food and beverage serv10 ices; 

11 (ii) improving onboard food and bev12 erage services; and 

13 (iii) improving solicitation, reception, 

14 and consideration of passenger feedback re15 garding onboard food and beverage services. 

16 (B) CONSIDERATIONS.—In developing the 

17 recommendations under subparagraph (A), the 

18 Working Group shall consider— 

19 (i) the healthfulness of onboard food 

20 and beverages offered, including the ability 

21 of passengers to address dietary restrictions; 

22 (ii) the preparation and delivery of on23 board food and beverages; 


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1 (iii) the differing needs of passengers 

2 traveling on long-distance routes, State-sup3 ported routes, and the Northeast Corridor; 

4 (iv) the reinstatement of the dining car 

5 service on long-distance routes; 

6 (v) Amtrak passenger survey data 

7 about the food and beverages offered on Am8 trak trains; and 

9 (vi) any other issue the Working Group 

10 determines appropriate. 

11 (4) REPORTS.— 

12 (A) INITIAL REPORT.—Not later than 1 

13 year after the date on which the Working Group 

14 is established, the Working Group shall submit to 

15 the Board of Directors of Amtrak, the Committee 

16 on Transportation and Infrastructure of the 

17 House of Representatives, and the Committee on 

18 Commerce, Science, and Transportation of the 

19 Senate a report containing the recommendations 

20 developed under paragraph (3). 

21 (B) SUBSEQUENT REPORT.—Not later than 

22 30 days after the date on which the Working 

23 Group submits the report required under sub24 paragraph (A), Amtrak shall submit to the Com25 mittee on Transportation and Infrastructure of 


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1 the House of Representatives and the Committee 

2 on Commerce, Science, and Transportation of 

3 the Senate a report on whether Amtrak agrees 

4 with the recommendations of the Working Group 

5 and describing any plans to implement such rec6 ommendations. 

7 (5) PROHIBITION ON FOOD AND BEVERAGE SERV8 ICE CHANGES.—During the period beginning on the 

9 date of enactment of this Act and ending 30 days 

10 after the date on which Amtrak submits the report re11 quired under paragraph (4)(B), Amtrak may not 

12 make large-scale, structural changes to existing on13 board food and beverage services, except that Amtrak 

14 shall reverse any changes to onboard food and bev15 erage service made in response to the COVID–19 pan16 demic as Amtrak service is restored. 

17 (6) TERMINATION.—The Working Group shall 

18 terminate on the date on which Amtrak submits the 

19 report required under paragraph (4)(B), except that 

20 Amtrak may extend such date by up to 1 year if Am21 trak determines that the Working Group is beneficial 

22 to Amtrak in making decisions related to onboard 

23 food and beverage services. If Amtrak extends such 

24 date, Amtrak shall include notification of the exten25 sion in the report required under paragraph (4)(B). 


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1 (7) NONAPPLICABILITY OF FEDERAL ADVISORY

2 COMMITTEE ACT.—The Federal Advisory Committee 

3 Act (5 U.S.C. App.) does not apply to the Working 

4 Group established under this section. 

5 (8) LONG-DISTANCE ROUTE; NORTHEAST COR6 RIDOR; AND STATE-SUPPORTED ROUTE DEFINED.—In 

7 this subsection, the terms ‘‘long-distance route’’, 

8 ‘‘Northeast Corridor’’, and ‘‘State-supported route’’ 

9 have the meaning given those terms in section 24102 

10 of title 49, United States Code. 

11 SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING OUT. 

12 (a) FURLOUGHED WORK.—Section 121 of the Amtrak 

13 Reform and Accountability Act of 1997 (49 U.S.C. 24312 

14 note; 111 Stat. 2574) is amended by striking subsection (d) 

15 and inserting the following: 

16 ‘‘(d) FURLOUGHED WORK.—Amtrak may not contract 

17 out work within the scope of work performed by an em18 ployee in a bargaining unit covered by a collective bar19 gaining agreement entered into between Amtrak and an or20 ganization representing Amtrak employees during the pe21 riod of time such employee has been laid off involuntarily 

22 if such employee— 

23 ‘‘(1) is eligible and qualified under the agree24 ment to perform such work in accordance with the se25 niority of such employee; and 


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1 ‘‘(2) has not been provided an opportunity to be 

2 recalled to perform such work. 

3 ‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING

4 OUT.—This section does not— 

5 ‘‘(1) supersede a prohibition or limitation on 

6 contracting out work covered by an agreement entered 

7 into between Amtrak and an organization rep8 resenting Amtrak employees; or 

9 ‘‘(2) prohibit Amtrak and an organization rep10 resenting Amtrak employees from entering into an 

11 agreement that allows for contracting out the work of 

12 a furloughed employee that would otherwise be prohib13 ited under subsection (d).’’. 

14 (b) WORKFORCE PLAN.—Section 24320(c)(2) of title 

15 49, United State Code, is amended— 

16 (1) in subparagraph (C)(iii)(III) by striking 

17 ‘‘and’’ at the end; 

18 (2) by redesignating subparagraph (D) as sub19 paragraph (E); and 

20 (3) by inserting after subparagraph (C) the fol21 lowing: 

22 ‘‘(D) a summary of Amtrak’s plan to meet 

23 the workforce needs of each asset category, which 

24 shall— 


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1 ‘‘(i) identify any gaps in Amtrak’s 

2 workforce, including any vacancy, skill gap, 

3 or shortage of qualified personnel; 

4 ‘‘(ii) summarize any action Amtrak is 

5 taking to address any such gaps; and 

6 ‘‘(iii) summarize any anticipated 

7 change to the size of the Amtrak workforce 

8 and any cause for such change; and’’. 

9 SEC. 9213. AMTRAK STAFFING. 

10 Section 24312 of title 49, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(c) CALL CENTER STAFFING.— 

13 ‘‘(1) OUTSOURCING.—Amtrak may not renew or 

14 enter into a contract to outsource call center customer 

15 service work on behalf of Amtrak, including through 

16 a business process outsourcing group. 

17 ‘‘(2) TRAINING.—Amtrak shall make available 

18 appropriate training programs to any Amtrak call 

19 center employee carrying out customer service activi20 ties using telephone or internet platforms. 

21 ‘‘(d) STATION AGENT STAFFING.— 

22 ‘‘(1) IN GENERAL.—Amtrak shall ensure that at 

23 least one Amtrak ticket agent is employed at each sta24 tion building where at least one Amtrak ticket agent 

25 was employed on or after October 1, 2017. 


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1 ‘‘(2) LOCATIONS.—Amtrak shall ensure that at 

2 least one Amtrak ticket agent is employed at each sta3 tion building— 

4 ‘‘(A) that Amtrak owns, or operates service 

5 through, as part of a passenger service route; and 

6 ‘‘(B) for which the number of passengers 

7 boarding or deboarding an Amtrak long-distance 

8 train in the previous fiscal year exceeds the aver9 age of at least 40 passengers per day over all 

10 days in which the station was serviced by Am11 trak, regardless of the number of Amtrak vehicles 

12 servicing the station per day. For fiscal year 

13 2021, ridership from fiscal year 2019 shall be 

14 used to determine qualifying stations. 

15 ‘‘(3) EXCEPTION.—This subsection does not 

16 apply to any station building in which a commuter 

17 rail ticket agent has the authority to sell Amtrak tick18 ets. 

19 ‘‘(4) AMTRAK TICKET AGENT.—For purposes of 

20 this section, the term ‘Amtrak ticket agent’ means an 

21 Amtrak employee with authority to sell Amtrak tick22 ets onsite and assist in the checking of Amtrak pas23 senger baggage. 

24 ‘‘(5) EFFECTIVE DATE.—This subsection shall 

25 take effect on the earlier of— 


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1 ‘‘(A) the date of the expiration of the emer2 gency declaration issued by the President on 

3 March 13, 2020, pursuant to section 501(b) of 

4 the Robert T. Stafford Disaster Relief and Emer5 gency Assistance Act (42 U.S.C. 5191(b)); or 

6 ‘‘(B) the day after the period that is the 

7 first 6 consecutive months within a calendar 

8 year for which Amtrak ridership exceeds the Am9 trak ridership for the same 6 consecutive cal10 endar months in 2019.’’. 

11 SEC. 9214. SPECIAL TRANSPORTATION. 

12 Section 24307(a) of title 49, United States Code, is 

13 amended— 

14 (1) in the matter preceding paragraph (1) by 

15 striking ‘‘for the following:’’ and inserting ‘‘of at least 

16 a 10 percent discount on full-price coach class rail 

17 fares for, at a minimum—’’; 

18 (2) in paragraph (1) by striking the period at 

19 the end and inserting a semicolon; and 

20 (3) by striking paragraph (2) and inserting the 

21 following: 

22 ‘‘(2) individuals of 12 years of age or younger; 

23 ‘‘(3) individuals with a disability, as such term 

24 is defined in section 3 of the Americans with Disabil25 ities Act of 1990 (42 U.S.C. 12102); 


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1 ‘‘(4) members of the Armed Forces on active duty 

2 (as those terms are defined in section 101 of title 10) 

3 and their spouses and dependents with valid identi4 fication; 

5 ‘‘(5) veterans (as that term is defined in section 

6 101 of title 38) with valid identification; and 

7 ‘‘(6) individuals attending federally accredited 

8 postsecondary education institutions with valid stu9 dent identification cards.’’. 

10 SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM. 

11 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

13 following: 

14 ‘‘§ 24324. Disaster and emergency relief program 

15 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

16 may make grants to Amtrak for— 

17 ‘‘(1) capital projects to repair, reconstruct, or re18 place equipment, infrastructure, stations, and other 

19 facilities that the Secretary determines are in danger 

20 of suffering serious damage, or have suffered serious 

21 damage, as a result of an emergency event; 

22 ‘‘(2) offset revenue lost as a result of such an 

23 event; and 

24 ‘‘(3) support continued operations following 

25 emergency events. 


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1 ‘‘(b) COORDINATION OF EMERGENCY FUNDS.—Funds 

2 made available to carry out this section shall be in addition 

3 to any other funds available and shall not affect the ability 

4 of Amtrak to use any other funds otherwise authorized by 

5 law. 

6 ‘‘(c) GRANT CONDITIONS.—Grants made under this 

7 subsection (a) shall be subject to section 22905(c)(2)(A) and 

8 other such terms and conditions as the Secretary determines 

9 necessary. 

10 ‘‘(d) DEFINITION OF EMERGENCY EVENT.—In this sec11 tion, the term ‘emergency event’ has the meaning given such 

12 term in section 20103.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for chapter 

14 243 of title 49, United States Code, is further amended by 

15 adding at the end the following: 

‘‘24324. Disaster and emergency relief program.’’. 

16 SEC. 9216. ACCESS TO RECREATIONAL TRAILS. 

17 Section 24315 of title 49, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(i) ACCESS TO RECREATIONAL TRAILS.—At least 30 

20 days before implementing a new policy, structure, or oper21 ation that impedes access to recreational trails, Amtrak 

22 shall work with potentially affected communities, making 

23 a good-faith effort to address local concerns about such ac24 cess. Not later than February 15 of each year, Amtrak shall 

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1 ture of the House of Representatives and the Committee on 

2 Environment and Public Works of the Senate a report on 

3 any such engagement in the preceding calendar year, and 

4 any changes to policies, structures, or operations affecting 

5 access to recreational trails that were considered or made 

6 as a result. The report shall include Amtrak’s plans to miti7 gate the impact to such access.’’. 

8 SEC. 9217. AMTRAK CYBERSECURITY ENHANCEMENT AND 

9 RESILIENCY GRANT PROGRAM. 

10 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

12 following: 

13 ‘‘§ 24325. Amtrak cybersecurity enhancement and re14 siliency grant program 

15 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

16 shall make grants to Amtrak for improvements in informa17 tion technology systems, including cyber resiliency improve18 ments for Amtrak information technology assets. 

19 ‘‘(b) APPLICATION OF BEST PRACTICES.—Any cyber 

20 resiliency improvements carried out with a grant under this 

21 section shall be consistent with cybersecurity industry best 

22 practices and publications issued by the National Institute 

23 of Standards and Technology. 

24 ‘‘(c) COORDINATION OF CYBERSECURITY FUNDS.— 

25 Funds made available to carry out this section shall be in 


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1 addition to any other Federal funds and shall not affect 

2 the ability of Amtrak to use any other funds otherwise au3 thorized by law for purposes of enhancing the cybersecurity 

4 architecture of Amtrak. 

5 ‘‘(d) GRANT CONDITIONS.—In carrying out this sec6 tion— 

7 ‘‘(1) to the extent practicable, the Secretary shall 

8 provide grants consistent with the process established 

9 under section 24319; 

10 ‘‘(2) the Secretary shall ensure that a grant 

11 made available under this section shall be adminis12 tered and disbursed as part of Amtrak’s annual grant 

13 agreement as authorized by section 24319(d)(1)(B); 

14 and 

15 ‘‘(3) a grant made under this section shall be 

16 subject to such terms and conditions as the Secretary 

17 determines necessary.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chapter 

19 243 of title 49, United States Code, is further amended by 

20 adding at the end the following: 

‘‘24325. Amtrak cybersecurity enhancement and resiliency grant program.’’. 

21 SEC. 9218. AMTRAK AND PRIVATE CARS. 

22 (a) SENSE OF CONGRESS.—It is the sense of Congress 

23 that private cars and charter trains can— 

24 (1) improve Amtrak’s financial performance, 

25 particularly on the long-distance routes; 


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1 (2) have promotional value for Amtrak that re2 sults in future travel on Amtrak trains by passengers 

3 made aware of Amtrak as a result; 

4 (3) support private-sector jobs, including for me5 chanical work and on-board services; and 

6 (4) provide good-will benefits to Amtrak. 

7 (b) POLICY REVIEW.—Amtrak shall review the policy 

8 changes since January 1, 2018, that have caused significant 

9 changes to the relationship between Amtrak and private car 

10 owners and charter train services and evaluate opportuni11 ties to strengthen these services, including by reinstating 

12 some access points and restoring flexibility to charter-train 

13 policies. For charter trains, private cars, and package ex14 press carried on regular Amtrak trains, consistent with 

15 sound business practice, Amtrak should recover direct costs 

16 plus a reasonable profit margin. 

17 SEC. 9219. AMTRAK OFFICE OF COMMUNITY OUTREACH. 

18 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

20 following new section: 

21 ‘‘§ 24326. Amtrak Office of Community Outreach 

22 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

23 date of enactment of the TRAIN Act, Amtrak shall establish 

24 an Office of Community Outreach to engage with commu25 nities impacted by Amtrak operations. 


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1 ‘‘(b) RESPONSIBILITIES.—The Office of Community 

2 Outreach shall be responsible for— 

3 ‘‘(1) outreach and engagement with— 

4 ‘‘(A) local officials before capital improve5 ment project plans are finalized; and 

6 ‘‘(B) local stakeholders and relevant organi7 zations on projects of community significance; 

8 ‘‘(2) clear explanation and publication of how 

9 community members can communicate with Amtrak; 

10 ‘‘(3) the use of virtual public involvement, social 

11 media, and other web-based tools to encourage public 

12 participation and solicit public feedback; and 

13 ‘‘(4) making publicly available on the website of 

14 Amtrak, planning documents for proposed and imple15 mented capital improvement projects. 

16 ‘‘(c) REPORT TO CONGRESS.—Not later than 1 year 

17 after the establishment of the Office of Community Out18 reach, and annually thereafter, Amtrak shall submit to the 

19 Committee on Transportation and Infrastructure in the 

20 House of Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate a report that— 

22 ‘‘(1) describes the community outreach efforts un23 dertaken by the Amtrak Office of Community Out24 reach for the previous year; and 


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1 ‘‘(2) identifies changes Amtrak made to capital 

2 improvement project plans after engagement with af3 fected communities.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chapter 

5 243 of title 49, United States Code, is further amended by 

6 adding at the end the following: 

‘‘24326. Amtrak Office of Community Outreach.’’. 

7 SEC. 9220. LONG-DISTANCE CUSTOMER ENHANCEMENT 

8 PROGRAM. 

9 (a) AUTHORIZATION.—Amtrak shall expend not less 

10 than 2.5 percent of the amounts appropriated in each fiscal 

11 year pursuant to section 9101(a)(2) to enhance the customer 

12 experience on Amtrak long-distance routes. 

13 (b) ELIGIBILITY.—Projects and initiatives to serve the 

14 following purposes, including planning and development, 

15 are eligible to be implemented by Amtrak under this section: 

16 (1) Rolling stock interior refreshes and redesigns. 

17 (2) Food and beverage service improvements con18 sistent with section 24321 of title 49, United States 

19 Code. 

20 (3) Wi-Fi service expansion and improvement. 

21 (4) Enhanced customer experience at stations. 

22 (5) Other customer enhancement initiatives de23 veloped by Amtrak, including initiatives developed in 

24 accordance with subsection (c). 


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1 (c) CONSULTATION.—Not later than 90 days after the 

2 date of enactment of this Act, and subsequently on a peri3 odic basis, Amtrak shall consult with appropriate States, 

4 local governments, labor organizations representing rail5 road employees, and national associations that represent 

6 rail passengers on ways to enhance the customer experience 

7 on long-distance routes. 

8 (d) USE OF FUNDS FOR OTHER PURPOSES.—Amtrak 

9 may use funds provided under this section for purposes re10 lated to long-distance route service other than those listed 

11 in subsection (b) if— 

12 (1) Amtrak determines the use of funds is nec13 essary to— 

14 (A) improve the safety of long-distance 

15 route operations; or 

16 (B) maintain continued operation or service 

17 levels of any such route; and 

18 (2) not later than 10 days of the repurposing of 

19 such funds, Amtrak submits to the Secretary, the 

20 Committee on Transportation and Infrastructure and 

21 the Committee on Appropriations of the House of 

22 Representatives, and the Committee on Commerce, 

23 Science, and Transportation, and the Committee on 

24 Appropriations of the Senate, a report that in25 cludes— 


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1 (A) the amount of funds repurposed for a 

2 use described in this subsection, and 

3 (B) the reason for the repurposing of such 

4 funds. 

5 (e) LONG-DISTANCE ROUTE DEFINED.—In this sec6 tion, the term ‘‘long-distance route’’ has the meaning given 

7 the term in section 24102 of title 49, United States Code. 

8 SEC. 9221. AMTRAK CARBON-FREE AND RENEWABLE EN9 ERGY INITIATIVES. 

10 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

12 following new section: 

13 ‘‘§ 24327. Amtrak carbon-free and renewable energy 

14 initiatives 

15 ‘‘(a) EMISSIONS REDUCTION AND ENERGY PLAN.— 

16 ‘‘(1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of the TRAIN Act, Amtrak 

18 shall— 

19 ‘‘(A) develop a greenhouse gas emissions re20 duction and energy plan that sets forth a goal of, 

21 a strategy for achieving, and potential timelines 

22 and funding requirements for— 

23 ‘‘(i) becoming a net-zero carbon emis24 sions transportation provider; and 


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1 ‘‘(ii) achieving net-zero carbon emis2 sions with respect to Amtrak operations 

3 within the Northeast Corridor; 

4 ‘‘(B) submit the plan to the Secretary of 

5 Transportation, the Committee on Transpor6 tation and Infrastructure of the House of Rep7 resentatives, and the Committee on Commerce, 

8 Science, and Transportation of the Senate; and 

9 ‘‘(C) publish the plan on Amtrak’s website. 

10 ‘‘(2) ADDITIONAL REQUIREMENTS.—The plan de11 veloped under paragraph (1) shall contain— 

12 ‘‘(A) at least 1 option for becoming a net13 zero carbon emissions transportation provider 

14 not later than January 1, 2035; and 

15 ‘‘(B) at least 1 option for achieving net-zero 

16 carbon emissions with respect to Amtrak oper17 ations within the Northeast Corridor not later 

18 than January 1, 2030. 

19 ‘‘(3) ANNUAL PROGRESS REPORTS.— 

20 ‘‘(A) IN GENERAL.—After submission and 

21 publication of the plan developed under para22 graph (1), Amtrak shall include in each general 

23 and legislative annual report required under sec24 tion 24315(b), an update on Amtrak’s progress 

25 towards— 


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1 ‘‘(i) becoming a net-zero carbon emis2 sions transportation provider; and 

3 ‘‘(ii) achieving net-zero carbon emis4 sions with respect to Amtrak operations 

5 within the Northeast Corridor. 

6 ‘‘(B) LEGISLATIVE RECOMMENDATIONS.— 

7 The update required under subparagraph (A) 

8 may include recommendations for legislative 

9 changes or changes to funding levels likely to in10 crease the rate of Amtrak’s progress. 

11 ‘‘(b) CARBON-FREE AND RENEWABLE ENERGY USE.— 

12 ‘‘(1) ENERGY SOURCE REQUIREMENT.—Not later 

13 than 180 days after the date of enactment of the 

14 TRAIN Act, Amtrak shall ensure that any new or re15 newed contract between Amtrak and a provider of 

16 electricity that is used to meet the needs of train trac17 tion power or rail facility power requires that an 

18 amount equal to or greater that 25 percent of such 

19 electricity is derived from carbon-free or renewable 

20 energy sources. 

21 ‘‘(2) INCREASED ENERGY SOURCE GOALS.—Am22 trak shall establish goals for increasing the energy 

23 source requirements described in paragraph (1), in24 cluding a goal of requiring— 


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1 ‘‘(A) at least 50 percent of electricity de2 rived from such sources for new or renewed con3 tracts entered into beginning 5 years after the 

4 date of enactment of the TRAIN Act; and 

5 ‘‘(B) 100 percent of electricity derived from 

6 such sources for new or renewed contracts entered 

7 into on or after January 1, 2030. 

8 ‘‘(3) EXCEPTIONS.—The requirements of para9 graph (1) shall not apply in any case in which— 

10 ‘‘(A) no provider of electricity is able to 

11 provide the necessary levels of carbon-free or re12 newable energy; 

13 ‘‘(B) compliance with such requirements 

14 would adversely affect Amtrak’s operations or 

15 quality of service to an unreasonable degree; or 

16 ‘‘(C) compliance with such requirements 

17 would cause an increase of at least 50 percent in 

18 total cost of electricity, as compared to the total 

19 cost of electricity Amtrak would otherwise have 

20 acquired. 

21 ‘‘(4) REPORT.—Not later than 1 year after the 

22 date of enactment of the TRAIN Act, Amtrak shall 

23 submit to the Committee on Transportation and In24 frastructure of the House of Representatives and the 

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1 tation of the Senate a report that identifies opportu2 nities to further increase Amtrak’s use of carbon-free 

3 and renewable energy for train traction power needs 

4 and facility power needs.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chapter 

6 243 of title 49, United States Code, is further amended by 

7 adding at the end the following: 

‘‘24327. Amtrak carbon-free and renewable energy initiatives.’’. 

8 TITLE III—INTERCITY 

9 PASSENGER RAIL POLICY 

10 SEC. 9301. NORTHEAST CORRIDOR COMMISSION. 

11 Section 24905 of title 49, United States Code, is 

12 amended— 

13 (1) in subsection (a)(1)— 

14 (A) in subparagraph (A) by striking ‘‘mem15 bers’’ and inserting ‘‘4 members’’; 

16 (B) in subparagraph (B) by striking ‘‘mem17 bers’’ and inserting ‘‘5 members’’; and 

18 (C) in subparagraph (D) by striking ‘‘and 

19 commuter railroad carriers using the Northeast 

20 Corridor selected by the Secretary’’ and inserting 

21 ‘‘railroad carriers and commuter authorities 

22 using the Northeast Corridor, as determined by 

23 the Commission’’; 

24 (2) by striking paragraph (2) of subsection (a) 

25 and inserting the following: 


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1 ‘‘(2) At least two of the members described in 

2 paragraph (1)(B) shall be career appointees, as such 

3 term is defined in section 3132(a) of title 5.’’; 

4 (3) in subsection (b)(3)(B)— 

5 (A) in clause (i) by inserting ‘‘, including 

6 ridership trends,’’ before ‘‘along the Northeast 

7 Corridor’’; 

8 (B) in clause (ii) by striking ‘‘capital in9 vestment plan described in section 24904.’’ and 

10 inserting ‘‘first year of the capital investment 

11 plan described in section 24904; and’’; and 

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

13 ‘‘(iii) progress in assessing and elimi14 nating the state-of-good-repair backlog.’’; 

15 (4) in subsection (c)— 

16 (A) by striking ‘‘(1) DEVELOPMENT’’ and 

17 all that follows through ‘‘standardized policy’’ 

18 and inserting the following: 

19 ‘‘(1) POLICY.—The Commission shall— 

20 ‘‘(A) maintain and update, as appropriate, 

21 the ‘Northeast Corridor Commuter and Intercity 

22 Rail Cost Allocation Policy’ approved on Sep23 tember 17, 2015,’’; 

24 (B) in paragraph (1)— 


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1 (i) in subparagraph (B) by striking ‘‘a 

2 proposed timetable for implementing’’ and 

3 inserting ‘‘timetables for implementing and 

4 maintaining’’; 

5 (ii) in subparagraph (C) by striking 

6 ‘‘the policy and the timetable’’ and insert7 ing ‘‘updates to the policy and the time8 tables’’; and 

9 (iii) by striking subparagraph (D) and 

10 inserting the following: 

11 ‘‘(D) support the efforts of the members of 

12 the Commission to implement the policy in ac13 cordance with such timetables; and’’; 

14 (C) in paragraph (2)— 

15 (i) by striking the first sentence and 

16 inserting ‘‘In accordance with the timetable 

17 developed in paragraph (1), Amtrak and 

18 commuter authorities on the Northeast Cor19 ridor shall implement the policy developed 

20 under paragraph (1) in agreements for 

21 usage of facilities or services.’’; 

22 (ii) by striking ‘‘fail to implement such 

23 new agreements’’ and inserting ‘‘fail to im24 plement the policy’’; and 


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1 (iii) by striking ‘‘paragraph (1)(A), as 

2 applicable’’ and inserting ‘‘paragraph (1)’’; 

3 and 

4 (D) in paragraph (4) by striking ‘‘public 

5 authorities providing commuter rail passenger 

6 transportation’’ and inserting ‘‘commuter au7 thorities’’; 

8 (5) by striking subsection (d); 

9 (6) by redesignating subsection (e) as subsection 

10 (d); and 

11 (7) in paragraph (1)(D) of subsection (d) (as re12 designated by paragraph (6)) by striking ‘‘commuter 

13 rail agencies’’ and inserting ‘‘commuter authorities’’. 

14 SEC. 9302. NORTHEAST CORRIDOR PLANNING. 

15 (a) IN GENERAL.—Section 24904 of title 49, United 

16 States Code, is amended— 

17 (1) by redesignating subsection (e) as subsection 

18 (f); 

19 (2) by striking subsection (c); 

20 (3) by redesignating subsections (a) and (b) as 

21 subsections (b) and (c), respectively; 

22 (4) by inserting before subsection (b), as so redes23 ignated, the following: 

24 ‘‘(a) SERVICE DEVELOPMENT PLAN.— 


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1 ‘‘(1) REQUIREMENT.—Not later than December 

2 31, 2021, the Northeast Corridor Commission estab3 lished under section 24905 (referred to in this section 

4 as the ‘Commission’) shall submit to Congress a serv5 ice development plan that identifies key state-of-good6 repair, capacity expansion, and capital improvement 

7 projects planned for the Northeast Corridor, to up8 grade aging infrastructure and improve the reli9 ability, capacity, connectivity, performance, and re10 siliency of passenger rail service on the Northeast 

11 Corridor. 

12 ‘‘(2) CONTENTS.—The service development plan 

13 required under paragraph (1) shall— 

14 ‘‘(A) provide a coordinated and consensus15 based plan covering a period of 15 years; 

16 ‘‘(B) identify service objectives and capital 

17 investments needs; 

18 ‘‘(C) provide a delivery-constrained strategy 

19 that identifies capital investment phasing, an 

20 evaluation of workforce needs, and strategies for 

21 managing resources and mitigating construction 

22 impacts on operations; 

23 ‘‘(D) describe the anticipated outcomes of 

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1 ment of improved capacity, travel time, and 

2 other benefits and costs of proposed investments; 

3 ‘‘(E) include a financial strategy that in4 corporates available funding and identifies fund5 ing needs and potential sources of such funding; 

6 and 

7 ‘‘(F) be updated at least every 5 years.’’; 

8 (5) in subsection (b) (as redesignated by para9 graph (3))— 

10 (A) in paragraph (1)— 

11 (i) in the matter preceding subpara12 graph (A) by striking ‘‘Not later than’’ and 

13 all that follows through ‘‘shall’’ and insert14 ing ‘‘Not later than November 1 of each 

15 year, the Commission shall’’; 

16 (ii) in subparagraph (A) by striking 

17 ‘‘a capital investment plan’’ and inserting 

18 ‘‘an annual capital investment plan’’; and 

19 (iii) in subparagraph (B) by inserting 

20 ‘‘for the Northeast Corridor’’ after ‘‘capital 

21 investment plan’’; 

22 (B) in paragraph (1)— 

23 (i) in subparagraph (A) by striking ‘‘a 

24 capital investment plan’’ and inserting ‘‘an 

25 annual capital investment plan’’; and 


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1 (ii) in subparagraph (B) by inserting 

2 ‘‘for the Northeast Corridor’’ after ‘‘capital 

3 investment plan’’; 

4 (C) in paragraph (2)— 

5 (i) in subparagraph (A) by striking 

6 ‘‘and network optimization’’; 

7 (ii) in subparagraph (B) by striking 

8 ‘‘and service’’; 

9 (iii) in subparagraph (C) by striking 

10 ‘‘first fiscal year after the date on which’’ 

11 and inserting ‘‘fiscal year during which’’; 

12 (iv) in subparagraph (D)— 

13 (I) by striking ‘‘identify, 

14 prioritize,’’ and all that follows 

15 through ‘‘and consider’’ and inserting 

16 ‘‘document the projects and programs 

17 being undertaken to achieve the service 

18 outcomes identified in the Northeast 

19 Corridor service development plan, 

20 once available, and the asset condition 

21 needs identified in the Northeast Cor22 ridor asset management system de23 scribed in subsection (e) and consider’’; 

24 and 


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1 (II) in clause (i) by inserting 

2 ‘‘overall estimated’’ before ‘‘benefits’’; 

3 (v) in subparagraph (E)(i) by striking 

4 ‘‘normalized capital replacement and’’; 

5 (vi) in subparagraph (F) by adding 

6 ‘‘and’’ at the end; 

7 (vii) by striking subparagraph (G); 

8 and 

9 (viii) by redesignating subparagraph 

10 (H) as subparagraph (G); and 

11 (D) in paragraph (3)— 

12 (i) by striking ‘‘paragraph (2)(H)’’ 

13 and inserting ‘‘paragraph (2)(G)’’; 

14 (ii) in subparagraph (A)— 

15 (I) by inserting ‘‘anticipated’’ be16 fore ‘‘funding sources’’; and 

17 (II) by inserting ‘‘and, in the ab18 sence of an authorization or appro19 priation of funds for a fiscal year, be 

20 based on the amount of funding avail21 able in the previous fiscal year, plus 

22 inflation’’ after ‘‘methods’’; 

23 (iii) in subparagraph (B) by striking 

24 ‘‘expected allocated shares of costs’’ and in25 serting ‘‘status of cost sharing agreements’’; 


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1 (iv) in subparagraph (C) by striking 

2 ‘‘and’’ at the end; 

3 (v) by redesignating subparagraph (D) 

4 as subparagraph (E); and 

5 (vi) by inserting after subparagraph 

6 (C) the following: 

7 ‘‘(D) include any funding needs in excess of 

8 amounts authorized or otherwise available in a 

9 fiscal year; and’’; 

10 (6) in subsection (c) (as redesignated by para11 graph (3)) by striking ‘‘may be spent only on’’ and 

12 all that follows through the end and inserting ‘‘may 

13 be spent only on capital projects and programs con14 tained in the Commission’s capital investment plan 

15 from the previous year.’’; and 

16 (7) by striking subsection (d) and inserting the 

17 following: 

18 ‘‘(d) REVIEW AND COORDINATION.—The Commission 

19 shall gather information from Amtrak, the States in which 

20 the Northeast Corridor is located, and commuter rail au21 thorities to support development of the capital investment 

22 plan. The Commission may specify a format and other cri23 teria for the information submitted. Submissions to the 

24 plan from Amtrak, States in which the Northeast Corridor 

25 are located, and commuter rail authorities shall be provided 


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1 to the Commission in a manner that allows for a reasonable 

2 period of review by, and coordination with, affected agen3 cies. 

4 ‘‘(e) NORTHEAST CORRIDOR ASSET MANAGEMENT.— 

5 With regard to existing infrastructure, Amtrak and other 

6 infrastructure owners that provide or support intercity rail 

7 passenger transportation on the Northeast Corridor shall 

8 develop an asset management system, and use and update 

9 such system as necessary, to develop submissions to the 

10 Northeast Corridor capital investment plan described in 

11 subsection (b). Such system shall— 

12 ‘‘(1) be timed consistent with the Federal Transit 

13 Administration process, as authorized under section 

14 5326, when implemented; and 

15 ‘‘(2) include, at a minimum— 

16 ‘‘(A) an inventory of all capital assets 

17 owned by the developer of the plan; 

18 ‘‘(B) an assessment of asset condition; 

19 ‘‘(C) a description of the resources and 

20 processes necessary to bring or maintain those 

21 assets in a state of good repair; and 

22 ‘‘(D) a description of changes in asset con23 dition since the previous version of the plan.’’. 

24 (b) CONFORMING AMENDMENTS.— 


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1 (1) ACCOUNTS.—Section 24317(d)(1) of title 49, 

2 United States Code, is amended— 

3 (A) in subparagraph (B) by striking 

4 ‘‘24904(a)(2)(E)’’ and inserting 

5 ‘‘24904(b)(2)(E)’’; and 

6 (B) in subparagraph (F) by striking 

7 ‘‘24904(b)’’ and inserting ‘‘24904(c)’’. 

8 (2) FEDERAL-STATE PARTNERSHIP FOR STATE

9 OF GOOD REPAIR.—Section 24911(e)(2) of title 49, 

10 United States Code, is amended by striking 

11 ‘‘24904(a)’’ and inserting ‘‘24904(b)’’. 

12 SEC. 9303. PROTECTIVE ARRANGEMENTS. 

13 Section 22905 of title 49, United States Code, is 

14 amended— 

15 (1) in subsection (c)(2)(B) by striking ‘‘that are 

16 equivalent to the protective arrangements established 

17 under section 504 of the Railroad Revitalization and 

18 Regulatory Reform Act of 1976 (45 U.S.C. 836)’’ and 

19 inserting ‘‘established by the Secretary under sub20 section (e)(1)’’; 

21 (2) by redesignating subsections (e) and (f) as 

22 subsections (f) and (g), respectively; and 

23 (3) by inserting after subsection (d) the fol24 lowing: 

25 ‘‘(e) EQUIVALENT EMPLOYEE PROTECTIONS.— 


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1 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

2 after the date of enactment of this subsection, the Ad3 ministrator of the Federal Railroad Administration 

4 shall establish protective arrangements equivalent to 

5 those established under section 504 of the Railroad 

6 Revitalization and Regulatory Reform Act of 1976 

7 (45 U.S.C. 836), and require such protective arrange8 ments to apply to employees described under sub9 section (c)(2)(B) and as required under subsection (j) 

10 of section 22907. 

11 ‘‘(2) PUBLICATION.—The Administrator shall 

12 make available on a publicly available website the 

13 protective arrangements established under paragraph 

14 (1).’’. 

15 SEC. 9304. INTERSTATE RAIL COMPACTS. 

16 (a) IDENTIFICATION.—Section 410 of the Amtrak Re17 form and Accountability Act of 1997 (Public Law 105–134; 

18 49 U.S.C. 24101 note) is amended— 

19 (1) in subsection (b)(2) by striking ‘‘(except 

20 funds made available for Amtrak)’’; and 

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

22 ‘‘(c) INTERSTATE RAIL COMPACTS PROGRAM.—The 

23 Secretary of Transportation shall— 


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1 ‘‘(1) make available on a publicly accessible 

2 website a list of interstate rail compacts established in 

3 accordance with subsection (a); 

4 ‘‘(2) provide information to the public regarding 

5 interstate rail compacts, including how States may 

6 establish interstate rail compacts under subsection 

7 (a); and 

8 ‘‘(3) annually update the information provided 

9 under paragraph (2).’’. 

10 (b) GRANTS AUTHORIZED.—Chapter 229 of title 49, 

11 United States Code, is further amended by adding at the 

12 end the following: 

13 ‘‘§ 22910. Interstate rail compacts support program 

14 ‘‘(a) IN GENERAL.—The Secretary shall develop and 

15 implement a competitive grant program for providing ad16 ministrative assistance, including salaries, benefits, travel, 

17 and other administrative expenses, to eligible applicants to 

18 support interstate and regional efforts— 

19 ‘‘(1) to improve the safety, efficiency, or reli20 ability of intercity passenger rail; and 

21 ‘‘(2) to promote and develop intercity passenger 

22 rail service, including through initiating, restoring, 

23 or enhancing intercity passenger rail service. 

24 ‘‘(b) APPLICANT SELECTION CRITERIA.— 


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1 ‘‘(1) IN GENERAL.—In awarding grants under 

2 this section, the Secretary shall consider— 

3 ‘‘(A) the amount of other funding received 

4 by an applicant (including funding from rail5 roads) or other significant participation by 

6 State, local, and regional governmental and pri7 vate entities; 

8 ‘‘(B) the applicant’s work to facilitate and 

9 encourage regional planning for passenger rail 

10 improvement, enhancement, and development; 

11 ‘‘(C) the applicant’s work to foster, through 

12 rail transportation systems, economic develop13 ment, particularly in rural communities, for so14 cially disadvantaged individuals, and for dis15 advantaged populations; 

16 ‘‘(D) the applicant’s efforts to provide guid17 ance to local communities on public and private 

18 resources relate to community concerns, such as 

19 congestion, rail and grade crossing safety, tres20 passer prevention, quiet zones, idling, and rail 

21 line relocations; 

22 ‘‘(E) whether the applicant seeks to restore 

23 service over routes formerly operated by Amtrak, 

24 including routes described in section 11304(a) of 

25 the Passenger Rail Reform and Investment Act 


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1 of 2015 (title XI of division A of Public Law 

2 114–94); 

3 ‘‘(F) the applicant’s intent to provide inter4 city passenger rail service to regions and com5 munities that are underserved or not served by 

6 other intercity public transportation; 

7 ‘‘(G) whether the applicant is enhancing 

8 connectivity and geographic coverage of the exist9 ing national network of intercity rail passenger 

10 service; 

11 ‘‘(H) the applicant’s efforts to engage with 

12 entities to deploy railroad safety technology or 

13 programs, including trespassing prevention, rail 

14 integrity inspection systems, or grade crossing 

15 safety; 

16 ‘‘(I) whether the applicant prepares re17 gional rail and corridor service development 

18 plans and corresponding environmental analysis; 

19 and 

20 ‘‘(J) whether the applicant has engaged 

21 with the Federal, local, or State government and 

22 transportation planning agencies to identify 

23 projects necessary to enhance multimodal connec24 tions or facilitate service integration between rail 

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1 city rail passenger transportation and intercity 

2 bus service, commercial air service, or commuter 

3 rail service. 

4 ‘‘(2) PREFERENCE.—In selecting grant recipi5 ents, the Secretary shall give preference to applicants 

6 that are initiating, restoring, or enhancing intercity 

7 rail passenger transportation. 

8 ‘‘(c) APPLICATION PROCESS.—The Secretary shall pre9 scribe the form and manner of submitting applications 

10 under this section. 

11 ‘‘(d) PERFORMANCE MEASURES.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall establish 

13 performance measures for each grant recipient to as14 sess progress in achieving strategic goals and objec15 tives. 

16 ‘‘(2) ANNUAL REPORT.— The Secretary shall re17 quire grant recipients to submit an annual report of 

18 the activities of such recipient and information re19 lated to applicable performance measures, which may 

20 include— 

21 ‘‘(A) a demonstration of progress to achieve 

22 or advance the relevant criteria described in sub23 section (b); and 

24 ‘‘(B) the amount of non-Federal matching 

25 funds provided from each member State. 


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1 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COST.—The 

2 Secretary shall require each recipient of a grant under this 

3 subsection to provide a non-Federal match of not less than 

4 50 percent of the administrative assistance to the interstate 

5 rail compact. 

6 ‘‘(f) APPLICABLE REQUIREMENTS.—The use of any 

7 amounts appropriated for grants under this section shall 

8 be subject to the applicable requirements under this chapter. 

9 ‘‘(g) APPLICABILITY.—Amounts appropriated to carry 

10 out this section shall remain available until expended. 

11 ‘‘(h) LIMITATIONS.— 

12 ‘‘(1) MAXIMUM FUNDING PER APPLICANT.—The 

13 Secretary may not award grants under this section in 

14 an amount exceeding $500,000 annually for each ap15 plicant. 

16 ‘‘(2) NUMERIC LIMITATION.—The Secretary may 

17 not provide grants under this section to more than 10 

18 interstate rail compacts in any fiscal year. 

19 ‘‘(i) DEFINITIONS.—In this section: 

20 ‘‘(1) APPLICANT.—The term ‘applicant’ means 

21 an interstate rail compact or an interstate commis22 sion composed of 2 or more States that has been estab23 lished to promote, develop, or operate intercity pas24 senger rail transportation systems. 


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1 ‘‘(2) INTERCITY PASSENGER RAIL SERVICE.—The 

2 term ‘intercity passenger rail service’ has the mean3 ing given the term ‘intercity rail passenger transpor4 tation’ in section 24102.’’. 

5 (c) CLERICAL AMENDMENT.—The analysis for chapter 

6 229 of title 49, United States Code, is further amended by 

7 adding at the end the following: 

‘‘22910. Interstate rail compacts support program.’’. 

8 SEC. 9305. HIGH-SPEED RAIL UPDATES. 

9 (a) HIGH-SPEED RAIL CORRIDOR PLANNING.—Section 

10 26101 of title 49, United States Code, is amended— 

11 (1) in subsection (b)(1)— 

12 (A) in the matter preceding subparagraph 

13 (A) by striking ‘‘, or if it is an activity described 

14 in subparagraph (M)’’; 

15 (B) in subparagraph (J) by striking ‘‘right16 of-way improvements’’ and inserting ‘‘right-of17 way acquisition or improvement needs’’; 

18 (C) in subparagraph (K) by inserting 

19 ‘‘and’’ at the end; and 

20 (D) by striking subparagraphs (L) and (M) 

21 and inserting the following: 

22 ‘‘(L) public costs in the creation of public pri23 vate partnerships.’’; and 

24 (2) in subsection (c)— 


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1 (A) by striking paragraphs (1) through (3) 

2 and inserting the following: 

3 ‘‘(1) the extent to which the proposed planning 

4 focuses on systems which will provide for high-speed 

5 rail; 

6 ‘‘(2) the integration of the corridor into metro7 politan area and statewide transportation planning, 

8 including State rail plans; 

9 ‘‘(3) the use of rail stations within urbanized 

10 areas that are located in a geographic area with a 

11 greater density population than the urbanized area as 

12 a whole;’’; 

13 (B) in paragraph (4) by inserting before the 

14 semicolon ‘‘, passenger rail, transit, and other 

15 multimodal options’’; 

16 (C) in paragraph (6) by inserting ‘‘and re17 duce greenhouse gas emissions’’ before the semi18 colon; and 

19 (D) in paragraph (11) by inserting ‘‘, in20 cluding access to affordable housing’’ before the 

21 semicolon. 

22 (b) DEFINITIONS.—Section 26105(2) of title 49, 

23 United States Code, is amended— 


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1 (1) by inserting ‘‘made available to members of 

2 the general public as passengers and reasonably ex3 pected to reach speeds of’’ after ‘‘service which is’’; 

4 (2) in subparagraph (A) by striking ‘‘reasonably 

5 expected to reach sustained speeds of more than 125 

6 miles per hour; and’’ and inserting ‘‘160 miles per 

7 hour or more on shared-use right-of-way; or’’; and 

8 (3) in subparagraph (B) by striking ‘‘made 

9 available to members of the general public as pas10 sengers’’ and inserting ‘‘186 miles per hour or more 

11 on dedicated right-of-way’’. 

12 (c) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.— 

13 Section 26106(e)(2) of title 49, United States Code, is 

14 amended— 

15 (1) in subparagraph (A)(i) by striking ‘‘section 

16 211 of the Passenger Rail Investment and Improve17 ment Act of 2008’’ and inserting ‘‘section 24904(a)’’; 

18 and 

19 (2) in subparagraph (C)(i)— 

20 (A) by striking subclause (III); 

21 (B) by redesignating subclause (II) as sub22 clause (III); 

23 (C) by inserting after subclause (I) the fol24 lowing: 


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1 ‘‘(II) connectivity to rail stations 

2 within urbanized areas that are located 

3 in a geographic area with a greater 

4 density population than the urbanized 

5 area as a whole;’’; and 

6 (D) by striking subclause (IV) and inserting 

7 the following: 

8 ‘‘(IV) environmental benefits, in9 cluding projects that— 

10 ‘‘(aa) reduce greenhouse gas 

11 emissions; and 

12 ‘‘(bb) involve electrification 

13 or the purchase of environ14 mentally sensitive, fuel-efficient, 

15 and cost-effective passenger rail 

16 equipment;’’. 

17 SEC. 9306. STATE RAIL PLANNING FORMULA FUNDS. 

18 (a) IN GENERAL.—Chapter 229 of title 49, United 

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

20 following: 

21 ‘‘§ 22911. State rail planning formula funds 

22 ‘‘(a) IN GENERAL.—In carrying out this chapter, the 

23 Secretary shall allocate an appropriate portion of 1.5 per24 cent of the amounts made available for programs under this 

25 chapter to provide grants to States— 


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1 ‘‘(1) for State or multi-State regional intercity 

2 passenger rail corridor planning or project-specific, 

3 intercity passenger rail planning purposes; or 

4 ‘‘(2) for funding rail projects otherwise eligible 

5 under section 22907 if no intercity passenger rail 

6 planning is feasible. 

7 ‘‘(b) LIMITATION OF FUNDS.—Any unobligated bal8 ances of a grant under this section remaining after 3 years 

9 from the fiscal year in which the grant was made shall be 

10 redistributed in an appropriate portion. 

11 ‘‘(c) DEFINITIONS.—In this section: 

12 ‘‘(1) APPROPRIATE PORTION.—The term ‘appro13 priate portion’ means a share, for each State— 

14 ‘‘(A) one quarter of which is comprised of 

15 the ratio that the total railroad route miles in 

16 such State bears to the total railroad route miles 

17 in the United States, excluding from each such 

18 total the route miles used exclusively for tourist 

19 excursions; 

20 ‘‘(B) one quarter of which is comprised of 

21 the ratio that the population in such State bears 

22 to the total population of the United States, as 

23 determined by the Bureau of the Census; and 

24 ‘‘(C) half of which is comprised of the ratio 

25 that the Amtrak ridership for fiscal year 2019 in 


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1 each State bears to the total Amtrak ridership 

2 for fiscal year 2019. 

3 ‘‘(2) STATE.—The term ‘State’ means each of the 

4 50 States and the District of Columbia.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chapter 

6 229 of title 49, United States Code, is further amended by 

7 adding at the end the end the following: 

‘‘22911. State rail planning formula funds.’’. 

8 TITLE IV—COMMUTER RAIL 

9 POLICY 

10 SEC. 9401. SENSE OF CONGRESS REGARDING COMMUTER 

11 RAIL LIABILITY INSURANCE. 

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

13 (1) Prior to the COVID–19 pandemic, 32 com14 muter railroads across the United States safely car15 ried passengers on more than 500,000,000 trips each 

16 year. 

17 (2) Commuter rail is a $9,900,000,000 industry 

18 that creates and supports more than 200,000 public19 and private-sector jobs, and continues to grow. 

20 (3) Most commuter rail agencies are required to 

21 maintain liability insurance up to statutory liability 

22 limits. 

23 (4) Commuter rail agencies face significant ob24 stacles to finding and obtaining liability insurance. 


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1 (5) Only a handful of insurers offer this cov2 erage, and a significant percentage of the railroad li3 ability insurance marketplace is provided by foreign 

4 companies. 

5 (6) The number of insurers in the American and 

6 foreign markets willing to even offer potential capac7 ity for this coverage has drastically decreased over the 

8 past several years, and, regardless of cost, it is becom9 ing extremely difficult for commuter railroads to ob10 tain the needed coverage. 

11 (7) Despite the exceptional safety record of com12 muter railroads and recent full compliance with posi13 tive train control, a 2021 survey of the American 

14 Public Transportation Association’s commuter rail 

15 agencies revealed that there has been a 60 percent in16 crease in premium costs over the last 3 years. 

17 (8) The increase in premiums is largely due to 

18 factors outside the control of the commuter rail indus19 try, including major forest fires, hurricanes, and in20 surers exiting the market. 

21 (9) The cost of liability insurance severely im22 pacts the operating budgets of many commuter rail 

23 agencies and potentially affects their ability to offer 

24 these critical public transportation services. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Congress 

2 that Congress should address the capacity and cost issues 

3 associated with the commuter rail liability insurance mar4 ket and consider establishing a commuter rail insurance 

5 program within the Department of Transportation. 

6 SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION 

7 OF TRACKAGE USE REQUESTS. 

8 Section 28502 of title 49, United States Code, is 

9 amended to read as follows: 

10 ‘‘§ 28502. Surface Transportation Board mediation of 

11 trackage use requests 

12 ‘‘A rail carrier shall provide good faith consideration 

13 to a reasonable request from a provider of commuter rail 

14 passenger transportation for access to trackage and provi15 sion of related services. If, after a reasonable period of nego16 tiation, a public transportation authority cannot reach 

17 agreement with a rail carrier to use trackage of, and have 

18 related services provided by, the rail carrier for purposes 

19 of commuter rail passenger transportation, the public 

20 transportation authority or the rail carrier may apply to 

21 the Board for nonbinding mediation. In any case in which 

22 dispatching for the relevant trackage is controlled by a rail 

23 carrier other than the trackage owner, both shall be subject 

24 to the requirements of this section and included in the 

25 Board’s mediation process. The Board shall conduct the 


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1 nonbinding mediation in accordance with the mediation 

2 process of section 1109.4 of title 49, Code of Federal Regula3 tions, as in effect on the date of enactment of the TRAIN 

4 Act. During such mediation process, the Board shall deter5 mine whether the consideration a rail carrier provided to 

6 a request was in good faith and whether the request from 

7 a provider of commuter rail passenger transportation was 

8 reasonable. The determinations made in the preceding sen9 tence shall have no effect on the nonbinding nature of the 

10 mediation.’’. 

11 SEC. 9403. SURFACE TRANSPORTATION BOARD MEDIATION 

12 OF RIGHTS-OF-WAY USE REQUESTS. 

13 Section 28503 of title 49, United States Code, is 

14 amended to read as follows: 

15 ‘‘§ 28503. Surface Transportation Board mediation of 

16 rights-of-way use requests 

17 ‘‘A rail carrier shall provide good faith consideration 

18 to a reasonable request from a provider of commuter rail 

19 passenger transportation for access to rail right-of-way for 

20 the construction and operation of a segregated fixed guide21 way facility. If, after a reasonable period of negotiation, 

22 a public transportation authority cannot reach agreement 

23 with a rail carrier to acquire an interest in a railroad 

24 right-of-way for the construction and operation of a seg25 regated fixed guideway facility to provide commuter rail 


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1 passenger transportation, the public transportation author2 ity or the rail carrier may apply to the Board for non3 binding mediation. In any case in which dispatching for 

4 the relevant trackage is controlled by a rail carrier other 

5 than the right-of-way owner, both shall be subject to the re6 quirements of this section and included in the Board’s me7 diation process. The Board shall conduct the nonbinding 

8 mediation in accordance with the mediation process of sec9 tion 1109.4 of title 49, Code of Federal Regulations, as in 

10 effect on the date of enactment of the TRAIN Act. During 

11 such mediation process, the Board shall determine whether 

12 the consideration a rail carrier provided to a request was 

13 in good faith and whether the request from a provider of 

14 commuter rail passenger transportation was reasonable. 

15 The determinations made in the preceding sentence shall 

16 have no effect on the nonbinding nature of the mediation.’’. 

17 TITLE V—RAIL SAFETY 

18 Subtitle A—Passenger and Freight 

19 Safety 

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

21 (a) STUDY.—The Secretary of Transportation shall 

22 conduct a study on the safety impacts of the operation of 

23 long trains. 

24 (b) CONTENTS.—The study conducted under subsection 

25 (a) shall include— 


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1 (1) an examination of any potential risks of the 

2 operation of long trains and recommendations on 

3 mitigation of any such risks; 

4 (2) among other safety factors with respect to the 

5 operation of such trains, an evaluation of any— 

6 (A) potential risk of loss of communications 

7 between an end-of-train device, or a distributed 

8 power unit, and the locomotive cab, including 

9 communications over differing terrains and con10 ditions; 

11 (B) potential risk of loss of radio commu12 nications between crewmembers after a crew13 member alights from a train, including commu14 nications over differing terrains and conditions; 

15 (C) potential risk of derailments, including 

16 any risks associated with in-train compressive 

17 forces and slack action, or other safety risks in 

18 differing terrains and conditions; 

19 (D) changes in risks or benefits to safety as20 sociated with the deployment of multiple distrib21 uted power units in the consists of such trains; 

22 and 

23 (E) impacts of the length of trains on brak24 ing and locomotive performance and track wear 

25 and tear; and 


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1 (3) an evaluation of whether additional engineer 

2 and conductor training is required for safely oper3 ating such trains. 

4 (c) COLLABORATION.—In conducting the study re5 quired under subsection (a), the Secretary shall collaborate 

6 with railroad carriers, labor organizations representing 

7 railroad employees, and railroad safety technology manu8 facturers. 

9 (d) RESULTS OF STUDY.— 

10 (1) REPORT.—Not later than 24 months after the 

11 date of enactment of this Act, the Secretary shall sub12 mit to the Committee on Transportation and Infra13 structure of the House of Representatives and the 

14 Committee on Commerce, Science, and Transpor15 tation of the Senate a report that contains— 

16 (A) the results of the study required by sub17 section (a); 

18 (B) any recommendations for mitigating 

19 safety risks caused by long trains; and 

20 (C) a description of any action the Sec21 retary intends to take to address any safety risk 

22 identified in the study. 

23 (2) SHARING STUDY RESULTS.—After submitting 

24 the report required by paragraph (1), the Secretary 

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1 riers, labor organizations representing railroad em2 ployees, and safety technology organizations. 

3 (e) SECRETARY ACTION.—Not later than 180 days 

4 after the date on which the report required by subsection 

5 (d)(1) is submitted, the Secretary shall implement any pro6 posed actions described in such report. 

7 (f) DEFINITION.—In this section, the term ‘‘long train’’ 

8 means a freight train composed of more than 150 rail cars. 

9 (g) FUNDING.—From the amounts made available for 

10 fiscal year 2021 to carry out section 20117(a) of title 49, 

11 United States Code, the Secretary shall expend not less than 

12 $1,000,000 and not more than $2,000,000 to carry out this 

13 section. 

14 SEC. 9502. FRA SAFETY REPORTING. 

15 (a) IN GENERAL.—Section 20901 of title 49, United 

16 States Code, is amended by inserting ‘‘(including the train 

17 length, the number of crew members in the controlling loco18 motive cab, and the duties of such crew members)’’ after 

19 ‘‘reported accident or incident’’. 

20 (b) REGULATIONS.—Not later than 1 year after the 

21 date of enactment of this Act, the Secretary of Transpor22 tation shall issue such regulations as are necessary to carry 

23 out the amendment made by subsection (a). 

24 (c) TREND ANALYSIS.— 


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1 (1) IN GENERAL.—Chapter 209 of title 49, 

2 United States Code, is amended by adding at the end 

3 the following: 

4 ‘‘§ 20904. Trend analysis 

5 ‘‘(a) ANNUAL REVIEW AND ANALYSIS.—Not later than 

6 1 year after the date of enactment of the TRAIN Act, and 

7 not less frequently than annually thereafter, the Secretary 

8 shall review the reports filed by a railroad carrier subject 

9 to section 20901(a) and analyze the data contained in such 

10 reports for trends or patterns of potential safety risks. 

11 ‘‘(b) SECRETARY ACTION.—If the Secretary identifies 

12 any such trends or patterns, the Secretary shall— 

13 ‘‘(1) take such actions as are necessary to ad14 dress the potential safety risk; and 

15 ‘‘(2) if appropriate, communicate any such 

16 trends or patterns to a representative of any relevant 

17 railroad carrier and a representative of the employees 

18 of such railroad carrier, including any nonprofit em19 ployee labor organization representing a craft or class 

20 of employees subject to the potential safety risk.’’. 

21 (2) CLERICAL AMENDMENT.—The analysis for 

22 chapter 209 of title 49, United States Code, is amend23 ed by adding at the end the following: 

‘‘20904. Trend analysis.’’. 

24 (d) ACCIDENT AND INCIDENT REPORTING.—Section 

25 209 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 


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1 20901 note) is amended by inserting ‘‘, and other events 

2 required to be reported under part 225 of title 49, Code 

3 of Federal Regulations,’’ after ‘‘collisions and fatalities’’. 

4 SEC. 9503. WAIVER NOTICE REQUIREMENTS. 

5 Section 20103(d) of title 49, United States Code, is 

6 amended to read as follows: 

7 ‘‘(d) NONEMERGENCY WAIVERS.— 

8 ‘‘(1) IN GENERAL.—The Secretary may waive or 

9 suspend compliance with any part of a regulation 

10 prescribed or order issued under this chapter if the 

11 waiver or suspension is in the public interest and 

12 consistent with railroad safety. 

13 ‘‘(2) NOTICE REQUIRED.—The Secretary shall— 

14 ‘‘(A) provide timely public notice of any re15 quest for a waiver or suspension under this sub16 section; 

17 ‘‘(B) make the application for such waiver 

18 or suspension and any related underlying data 

19 available to interested parties; 

20 ‘‘(C) provide the public with notice and a 

21 reasonable opportunity to comment on a pro22 posed waiver or suspension under this subsection 

23 before making a final decision; and 

24 ‘‘(D) make public the reasons for granting 

25 a waiver or suspension under this subsection. 


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1 ‘‘(3) INFORMATION PROTECTION.—Nothing in 

2 this subsection shall be construed to require the release 

3 of information protected by law from public disclo4 sure.’’. 

5 SEC. 9504. NOTICE OF FRA COMPREHENSIVE SAFETY COM6 PLIANCE ASSESSMENTS. 

7 (a) INITIAL NOTICE.—If the Federal Railroad Admin8 istration initiates a comprehensive safety compliance as9 sessment of an entity providing regularly scheduled inter10 city or commuter rail passenger transportation, the Admin11 istration shall notify in electronic format the Committee on 

12 Transportation and Infrastructure of the House of Rep13 resentatives and the Committee on Commerce, Science, and 

14 Transportation of the Senate of such comprehensive safety 

15 compliance assessment not later than 10 business days after 

16 the date on which commencement of any field investigation 

17 activity that is part of such assessment occurs. 

18 (b) FINDINGS.—Not later than 180 days after comple19 tion of a comprehensive safety compliance assessment de20 scribed in subsection (a), the Federal Railroad Administra21 tion shall transmit in electronic format to the Committee 

22 on Transportation and Infrastructure of the House of Rep23 resentatives and the Committee on Commerce, Science, and 

24 Transportation of the Senate a summary report of the find25 ings of such assessment. 


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1 (c) DEFINITION OF COMPREHENSIVE SAFETY COMPLI2 ANCE ASSESSMENT.—In this section, the term ‘‘comprehen3 sive safety compliance assessment’’ means a focused review 

4 initiated and managed by the Federal Railroad Adminis5 tration based on findings from an accident investigation 

6 and involving at least 2 technical disciplines, with the pur7 pose of examining the compliance of an entity providing 

8 regularly scheduled intercity or commuter rail passenger 

9 transportation with safety standards. 

10 SEC. 9505. FRA ACCIDENT AND INCIDENT INVESTIGATIONS. 

11 Section 20902 of title 49, United States Code, is 

12 amended— 

13 (1) in subsection (b) by striking ‘‘subpena’’ and 

14 inserting ‘‘subpoena’’; 

15 (2) in subsection (c) by inserting ‘‘The Secretary 

16 shall develop a process to make available to a rep17 resentative of the railroad carrier that is the subject 

18 of an accident or incident investigation, and to a rep19 resentative of the employees of such railroad carrier, 

20 including a nonprofit employee labor organization 

21 representing railroad workers, a draft investigation 

22 report for timely review and comment.’’ after the pe23 riod at the end; and 

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


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1 ‘‘(d) GATHERING INFORMATION AND TECHNICAL EX2 PERTISE.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall create a 

4 standard process for investigators to use during acci5 dent and incident investigations conducted under this 

6 section to— 

7 ‘‘(A) gather information about an accident 

8 or incident under investigation from railroad 

9 carriers, contractors or employees of railroad 

10 carriers or representatives of employees of rail11 road carriers, and others determined relevant by 

12 the Secretary; and 

13 ‘‘(B) consult with railroad carriers, contrac14 tors or employees of railroad carriers or rep15 resentatives of employees of railroad carriers, 

16 and others determined relevant by the Secretary, 

17 for technical expertise on the facts of the accident 

18 or incident under investigation. 

19 ‘‘(2) CONFIDENTIALITY.—In developing the proc20 ess under paragraph (1), the Secretary shall factor in 

21 ways to maintain the confidentiality of any entity 

22 identified under paragraph (1) if— 

23 ‘‘(A) such entity requests confidentiality; 

24 ‘‘(B) such entity was not involved in the ac25 cident or incident; and 


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1 ‘‘(C) maintaining such entity’s confiden2 tiality does not adversely affect an investigation 

3 of the Federal Railroad Administration. 

4 ‘‘(3) APPLICATION OF LAW.—This subsection 

5 shall not apply to any investigation carried out by 

6 the National Transportation Safety Board.’’. 

7 SEC. 9506. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 

8 (a) IN GENERAL.—Subchapter II of chapter 201 of 

9 title 49, United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘§ 20169. Freight train crew size safety standards 

12 ‘‘(a) MINIMUM CREW SIZE.—No freight train may be 

13 operated unless such train has a 2-person crew comprised 

14 of at least 1 appropriately qualified and certified conductor 

15 and 1 appropriately qualified and certified locomotive engi16 neer. 

17 ‘‘(b) EXCEPTIONS.—Except as provided in subsection 

18 (d), the prohibition in subsection (a) shall not apply in any 

19 of the following circumstances: 

20 ‘‘(1) Train operations on track that is not a 

21 main track. 

22 ‘‘(2) A train operated— 

23 ‘‘(A) by a railroad carrier that has fewer 

24 than 400,000 total employee work hours annu25 ally and less than $40,000,000 annual revenue 


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1 (adjusted for inflation as measured by the Sur2 face Transportation Board Railroad Inflation3 Adjusted Index); 

4 ‘‘(B) at a speed of not more than 25 miles 

5 per hour; and 

6 ‘‘(C) on a track with an average track grade 

7 of less than 2 percent for any segment of track 

8 that is at least 2 continuous miles. 

9 ‘‘(3) Locomotives performing assistance to a 

10 train that has incurred mechanical failure or lacks 

11 the power to traverse difficult terrain, including trav12 eling to or from the location where assistance is pro13 vided. 

14 ‘‘(4) Locomotives that— 

15 ‘‘(A) are not attached to any equipment or 

16 attached only to a caboose; and 

17 ‘‘(B) do not travel farther than 30 miles 

18 from the point of origin of such locomotive. 

19 ‘‘(5) Train operations staffed with fewer than a 

20 two-person crew at least 1 year prior to the date of 

21 enactment of this section, if the Secretary determines 

22 that the operation achieves an equivalent level of safe23 ty. 

24 ‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The excep25 tions under subsection (b) may not be applied to— 


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1 ‘‘(1) a train transporting 1 or more loaded cars 

2 carrying high-level radioactive waste, spent nuclear 

3 fuel, or material toxic by inhalation; 

4 ‘‘(2) a train carrying 20 or more loaded tank 

5 cars of a Class 2 material or a Class 3 flammable liq6 uid in a continuous block or a single train carrying 

7 35 or more loaded tank cars of a Class 2 material or 

8 a Class 3 flammable liquid throughout the train con9 sist; or 

10 ‘‘(3) a train with a total length of 7,500 feet or 

11 greater. 

12 ‘‘(d) WAIVER.—A railroad carrier may seek a waiver 

13 of the requirements of this section pursuant to section 

14 20103(d).’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for sub16 chapter II of chapter 201 of title 49, United States Code, 

17 is amended by adding at the end the following: 

‘‘20169. Freight train crew size safety standards.’’. 

18 SEC. 9507. BORDER CROSSINGS. 

19 (a) BORDER CROSSINGS.—The Secretary of Transpor20 tation shall require that— 

21 (1) any railroad carrier that is operating a 

22 freight train across the southern border into the 

23 United States operates the train continually until the 

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1 ity used for nonintrusive inspection by U.S. Customs 

2 and Border Protection located at such border; 

3 (2) when the last car of such train passes 

4 through such facility, the railroad carrier shall stop 

5 such train to conduct a crew interchange and any 

6 federally-mandated safety testing; and 

7 (3) the railroad carrier ensures that the only in8 dividuals that operate such trains after carrying out 

9 the activities described in paragraph (2) are individ10 uals— 

11 (A) who are United States nationals or 

12 aliens lawfully admitted for permanent residence 

13 in the United States; and 

14 (B) whose primary reporting point is in the 

15 United States. 

16 (b) FUNDING.— 

17 (1) SET-ASIDE.—From the amounts made avail18 able to carry out section 22907 of title 49, United 

19 States Code, the Secretary shall set aside, for each of 

20 fiscal years 2022 through 2026, $60,000,000 for 

21 projects to prevent blocked crossing incidents as a re22 sult of operations made necessary by subsection (a). 

23 Projects eligible for funding under this paragraph 

24 are— 


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1 (A) highway-rail grade crossing separation 

2 projects eligible under such section that are lo3 cated not further than 1.5 miles from a scanning 

4 facility described in subsection (a)(1); and 

5 (B) projects eligible under such section to 

6 relocate a rail line to prevent blocked crossing 

7 incidents resulting from trains crossing the 

8 southern border. 

9 (2) UNOBLIGATED FUNDS.—Any funds provided 

10 under paragraph (1) that are unobligated at the end 

11 of the second fiscal year following the fiscal year in 

12 which such funds are set aside may be used for any 

13 eligible project under section 22907. 

14 (c) AGREEMENT.—The Secretary shall ensure that a 

15 recipient of funds made available under subsection 

16 (b)(1)(A) has a written agreement with any railroad car17 rier operating over the infrastructure constructed or im18 proved with such funds that includes a requirement that 

19 any such railroad carrier may not operate trains over such 

20 infrastructure that, due to the length of the train, are likely 

21 to cause blocked crossing incidents. 

22 (d) RULE OF CONSTRUCTION.—Nothing in this section 

23 shall be construed as amending any safety regulation of the 

24 Federal Railroad Administration or amending or revoking 


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1 any waivers such Administration has granted under section 

2 20103 of title 49, United States Code. 

3 (e) DEFINITIONS.—In this section: 

4 (1) RAILROAD CARRIER.—The term ‘‘railroad 

5 carrier’’ has the meaning given such term in section 

6 20102 of title 49, United States Code. 

7 (2) SOUTHERN BORDER.—The term ‘‘southern 

8 border’’ means the international border between the 

9 United States and Mexico. 

10 (3) BLOCKED CROSSING INCIDENT.—The term 

11 ‘‘blocked crossing incident’’ has the meaning given 

12 such term in section 20173 of title 49, United States 

13 Code. 

14 SEC. 9508. YARDMASTERS HOURS OF SERVICE. 

15 (a) LIMITATIONS ON DUTY HOURS OF YARDMASTER

16 EMPLOYEES.—Section 21103 of title 49, United States 

17 Code, is amended— 

18 (1) in the section heading by inserting ‘‘and 

19 yardmaster employees’’ after ‘‘train employ20 ees’’; 

21 (2) by inserting ‘‘or yardmaster employee’’ after 

22 ‘‘train employee’’ each place it appears; and 

23 (3) in subsection (e) by inserting ‘‘or yardmaster 

24 employee’s’’ after ‘‘During a train employee’s’’. 


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1 (b) DEFINITIONS.—Section 21101 of title 49, United 

2 States Code, is amended— 

3 (1) in paragraph (3) by inserting ‘‘a yardmaster 

4 employee,’’ after ‘‘dispatching service employee,’’; and 

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

6 ‘‘(6) ‘yardmaster employee’ means an individual 

7 responsible for supervising and coordinating the con8 trol of trains and engines operating within a rail 

9 yard.’’. 

10 (c) CONFORMING AMENDMENT.—The analysis for 

11 chapter 211 of title 49, United States Code, is amended by 

12 striking the item relating to section 21103 and inserting 

13 the following: 

‘‘21103. Limitations on duty hours of train employees and yardmaster employees.’’. 

14 SEC. 9509. LEAKING BRAKES. 

15 (a) IN GENERAL.—The Administrator of the Federal 

16 Railroad Administration shall take such actions as are nec17 essary to prohibit the use of any service air brake control 

18 valve or emergency air brake control valve in any location 

19 north of the 37th parallel during the period beginning on 

20 November 1 and ending on March 31 of any year if— 

21 (1) the period between the date on which the air 

22 brake control valve is in use and the date of the man23 ufacture or recondition of such valve exceeds 15 years; 

24 and 


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1 (2) the air brake control valve is operated in— 

2 (A) a unit train on or after August 1, 2023; 

3 (B) a train transporting 1 or more mate4 rials poisonous by inhalation, as such term is 

5 defined in section 171.8 of title 49, Code of Fed6 eral Regulations, on or after August 1, 2023; or 

7 (C) a non-unit train on or after August 1, 

8 2025. 

9 (b) REPORTS.—Not later than 1 year after the date 

10 of enactment of this Act, and every year thereafter until 

11 air brake control valves described in subsection (a) are no 

12 longer operating in trains as required under subparagraphs 

13 (A) and (B) of subsection (a)(1), the Administrator shall 

14 transmit to the Committee on Transportation and Infra15 structure of the House of Representatives and the Committee 

16 on Commerce, Science, and Transportation of the Senate 

17 a report that identifies— 

18 (1) the estimated number of such air brake con19 trol valves in use on— 

20 (A) unit trains operating north of the 37th 

21 parallel between November 1 and March 31; and 

22 (B) trains transporting 1 or more material 

23 poisonous-by-inhalation operating north of the 

24 37th parallel during the period beginning on No25 vember 1 and ending on March 31; 


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1 (2) any issues affecting the industry’s progress 

2 toward ensuring that such air brake control valves 

3 are phased out in accordance with the requirements 

4 of subsection (a); and 

5 (3) efforts the Administrator has taken since the 

6 previous report to ensure such air brake control valves 

7 are phased out in accordance with the requirements 

8 of subsection (a). 

9 (c) RULEMAKING.—If, after collecting data through a 

10 science-based methodology, the Administrator determines 

11 the prohibition under subsection (a) does not ensure a suffi12 cient level of safety, the Administrator may propose alter13 native actions in a rulemaking addressing the air brake 

14 control valves subject to this section. 

15 SEC. 9510. REPORT ON PTC SYSTEM FAILURES. 

16 Section 20157 of title 49, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(m) REPORT OF SYSTEM FAILURES.—The Secretary 

19 shall require railroad carriers and other entities subject to 

20 subsection (a) to regularly report to the Administrator fail21 ures of positive train control systems. The Secretary shall 

22 prescribe the type of failure, format, interval, and detail 

23 required for reports submitted under this subsection.’’. 


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1 SEC. 9511. FATIGUE REDUCTION MANAGEMENT PLANS. 

2 (a) IN GENERAL.—Not later than 1 year after the date 

3 of enactment of this Act, the Secretary of Transportation 

4 shall issue final regulations on fatigue management plans 

5 based on the notice of proposed rulemaking published on 

6 December 22, 2020, titled ‘‘Fatigue Risk Management Pro7 grams for Certain Passenger and Freight Railroads’’ (85 

8 Fed. Reg. 83484; Docket No. FRA–2015–0122). 

9 (b) MONITORING.— 

10 (1) FATIGUE AS CAUSE OR CONTRIBUTING FAC11 TOR.—If a Federal Railroad Administration railroad 

12 accident or incident investigation conducted under 

13 section 20902 of title 49, United States Code, identi14 fies that fatigue was a casual or contributing factor 

15 to an accident or incident, the Secretary may reopen 

16 a fatigue management plan of a passenger railroad 

17 operation or a railroad subject to part 270 or part 

18 271, respectively, of title 49, Code of Federal Regula19 tions. 

20 (2) FATIGUE AS SYSTEMIC ISSUE.—If the Sec21 retary determines that fatigue is a systemic issue for 

22 a passenger railroad operation or railroad, the Sec23 retary shall reopen a fatigue management plan of 

24 such passenger railroad operation or a railroad sub25 ject to part 270 or part 271, respectively, of title 49, 

26 Code of Federal Regulations. 


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1 (3) REOPENING OF FATIGUE MANAGEMENT

2 PLAN.—If the Secretary reopens a fatigue manage3 ment plan under paragraph (1) or (2), the Secretary 

4 shall— 

5 (A) consider whether any statement filed 

6 under sections 270.208(e) and 271.207(e) of title 

7 49, Code of Federal Regulations, addressed such 

8 plan; and 

9 (B) consult with employees, including labor 

10 organizations representing railroad employees, of 

11 the passenger railroad operation or railroad that 

12 has a reopened fatigue management plan. 

13 SEC. 9512. ASSAULT PREVENTION AND RESPONSE PLANS. 

14 (a) IN GENERAL.—Subchapter II of chapter 201 of 

15 title 49, United States Code, as amended by this division, 

16 is further amended by adding at the end the following: 

17 ‘‘§ 20170. Assault prevention and response plans 

18 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

19 date of enactment of the TRAIN Act, any entity that pro20 vides regularly scheduled intercity or commuter rail pas21 senger transportation shall submit to the Secretary of 

22 Transportation for review and approval an assault preven23 tion and response plan (in this section referred to as the 

24 ‘Plan’) to address transportation assaults. 


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1 ‘‘(b) CONTENTS OF PLAN.—The Plan required under 

2 subsection (a) shall include— 

3 ‘‘(1) procedures that— 

4 ‘‘(A) facilitate the reporting of a transpor5 tation assault, including the notification of on6 site personnel, rail law enforcement, and local 

7 law enforcement; 

8 ‘‘(B) personnel should follow up on the re9 porting of a transportation assault, including 

10 actions to protect affected individuals from con11 tinued assault; 

12 ‘‘(C) may be taken to remove the passenger 

13 or personnel who has committed a transportation 

14 assault from the train or related area or facility 

15 as soon as practicable when appropriate; 

16 ‘‘(D) include protections and safe reporting 

17 practices for passengers who may have been as18 saulted by personnel; and 

19 ‘‘(E) may limit or prohibit, to the extent 

20 practicable, future travel with the entity de21 scribed in subsection (a) by any passenger or 

22 personnel who commits a transportation assault 

23 against personnel or passengers; 

24 ‘‘(2) a policy that ensures an employee who is a 

25 victim or witness of a transportation assault may 


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1 participate in the prosecution of a criminal offense of 

2 such assault without any adverse effect on the victim’s 

3 or witnesses’ employment status; and 

4 ‘‘(3) a process and timeline for conducting an 

5 annual review and update of the Plan. 

6 ‘‘(c) NOTICE TO PASSENGERS.—An entity described 

7 under subsection (a) shall display onboard trains and in 

8 boarding areas, as appropriate, a notice stating the entity’s 

9 abilities to restrict future travel under subsection (b)(1)(E). 

10 ‘‘(d) PERSONNEL TRAINING.—An entity described 

11 under subsection (a) shall provide initial and annual train12 ing for all personnel on the contents of the Plan, including 

13 training regarding— 

14 ‘‘(1) the procedures described in subsection (b); 

15 ‘‘(2) methods for responding to hostile situations, 

16 including de-escalation training; and 

17 ‘‘(3) rights and responsibilities of personnel with 

18 respect to a transportation assault on themselves, 

19 other personnel, or passengers. 

20 ‘‘(e) PERSONNEL PARTICIPATION.—The Plan required 

21 under subsection (a) shall be developed and implemented 

22 with the direct participation of personnel, and, as applica23 ble, labor organizations representing personnel. 

24 ‘‘(f) REPORTING.— 

25 ‘‘(1) INCIDENT NOTIFICATION.— 


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1 ‘‘(A) IN GENERAL.—Not later than 10 days 

2 after a transportation assault incident, the ap3 plicable entity described in subsection (a) shall 

4 notify personnel employed at the location in 

5 which the incident occurred. In the case of an in6 cident on a vehicle, such entity shall notify per7 sonnel regularly scheduled to carry out employ8 ment activities on the service route on which the 

9 incident occurred. 

10 ‘‘(B) CONTENT OF INCIDENT REPORT.—The 

11 notification required under paragraph (1) 

12 shall— 

13 ‘‘(i) include a summary of the inci14 dent; and 

15 ‘‘(ii) be written in a manner that pro16 tects the confidentiality of individuals in17 volved in the incident. 

18 ‘‘(2) ANNUAL REPORT.—For each calendar year, 

19 each entity with respect to which a transportation as20 sault incident has been reported during such year 

21 shall submit to the Secretary a report that describes— 

22 ‘‘(A) the number of assault incidents re23 ported to the entity, including— 

24 ‘‘(i) the number of incidents committed 

25 against passengers; and 


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1 ‘‘(ii) the number of incidents com2 mitted against personnel; and 

3 ‘‘(B) the number of assault incidents re4 ported to rail or local law enforcement by per5 sonnel of the entity. 

6 ‘‘(3) PUBLICATION.—The Secretary shall make 

7 available to the public on the primary website of the 

8 Federal Railroad Administration the data collected 

9 under paragraph (2). 

10 ‘‘(4) DATA PROTECTION.—Data made available 

11 under this subsection shall be made available in a 

12 manner that protects the confidentiality of individ13 uals involved in transportation assault incidents. 

14 ‘‘(g) DEFINITION OF TRANSPORTATION ASSAULT.—In 

15 this section, the term ‘transportation assault’ means the oc16 currence, or reasonably suspected occurrence, of an act 

17 that— 

18 ‘‘(1) constitutes assault; 

19 ‘‘(2) is committed by a passenger or member of 

20 personnel of an entity that provides regularly sched21 uled intercity or commuter rail passenger transpor22 tation against another passenger or member of per23 sonnel of such entity; and 

24 ‘‘(3) takes place— 

25 ‘‘(A) within a vehicle of such entity; or 


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1 ‘‘(B) in an area in which passengers are en2 tering or exiting a vehicle described in subpara3 graph (A); or 

4 ‘‘(C) at a station or facility where such en5 tity operates, regardless of ownership of the sta6 tion or facility.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for sub8 chapter II of chapter 201 of title 49, United States Code, 

9 as amended by this division, is further amended by adding 

10 at the end the following: 

‘‘20170. Assault prevention and response plans.’’. 

11 SEC. 9513. CRITICAL INCIDENT STRESS PLANS. 

12 The Secretary of Transportation shall issue such regu13 lations as are necessary to amend part 272 of title 49, Code 

14 of Federal Regulations, to ensure that— 

15 (1) the coverage of a critical incident stress plan 

16 under section 272.7 of such part includes directly in17 volved employees of commuter railroads and intercity 

18 passenger railroads, as such terms are defined in sec19 tion 272.9 of such part; and 

20 (2) assault and the witnessing of an assault 

21 against an employee or train passenger is included in 

22 the definition of critical incident under section 272.9 

23 of such part. 


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1 SEC. 9514. CREWMEMBER CERTIFICATION AND QUALIFICA2 TION. 

3 (a) AUDIT OF PROGRAMS.— 

4 (1) IN GENERAL.—Subchapter II of chapter 201 

5 of title 49, United States Code, as amended by this 

6 division, is further amended by adding at the end the 

7 following: 

8 ‘‘§ 20171. Audit of qualification and certification pro9 grams 

10 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

11 date of enactment of the TRAIN Act, and not less frequently 

12 than every 5 years thereafter, the Secretary shall conduct 

13 an audit of— 

14 ‘‘(1) the qualification and certification program 

15 of locomotive engineers of each Class I railroad car16 rier subject to the requirements of part 240 of title 49, 

17 Code of Federal Regulations; and 

18 ‘‘(2) the qualification and certification program 

19 of conductors of each Class I railroad carrier subject 

20 to the requirements of part 242 of title 49, Code of 

21 Federal Regulations. 

22 ‘‘(b) CONTENTS OF AUDIT.—In carrying out the audit 

23 required under subsection (a), the Secretary shall— 

24 ‘‘(1) consider whether the training, qualification, 

25 and continuing education components of the pro26 grams described in subsection (a) comply with regulaVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 01340 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 tions in parts 240 and 242 of title 49, Code of Fed2 eral Regulations; 

3 ‘‘(2) assess the quality of the training that rail4 road carriers provide locomotive engineers and con5 ductors under such programs; 

6 ‘‘(3) determine whether such programs provide 

7 locomotive engineers and conductors the knowledge, 

8 skill, and ability to safely operate the types of loco9 motives or trains a railroad carrier may require a lo10 comotive engineer and conductor to operate, including 

11 all associated technology used on such locomotives or 

12 trains; 

13 ‘‘(4) determine whether the training, qualifica14 tion, and continuing education components of such 

15 programs reflect the operating practices of the rail16 road carrier carrying out such components; 

17 ‘‘(5) assess whether a railroad carrier conducting 

18 such programs provides locomotive engineers or con19 ductors adequate at-controls training before certifi20 cation; 

21 ‘‘(6) assess how a railroad carrier uses a simu22 lator or other technology to train, familiarize, or pro23 vide recurrent training to a locomotive engineer or 

24 conductor, including how the use of a simulator or 


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1 other such technology compares to international expe2 rience or practice; and 

3 ‘‘(7) address any other safety issues the Secretary 

4 determines appropriate for preparing locomotive engi5 neers and conductors. 

6 ‘‘(c) DEFICIENCY IN QUALIFICATION AND CERTIFI7 CATION PROGRAM.—If, in conducting the audit required 

8 under this section, the Secretary identifies a deficiency in 

9 a railroad carrier’s qualification and certification program 

10 of locomotive engineers or the qualification and certification 

11 program of conductors, the Secretary shall require the rail12 road carrier to update such program to eliminate the defi13 ciency. 

14 ‘‘(d) CONSULTATION.—In conducting the audit re15 quired under this section, the Secretary shall consult with 

16 representatives of each railroad carrier and representatives 

17 of the employees of the railroad carrier, including any non18 profit employee labor organization representing engineers 

19 or conductors of the railroad carrier. 

20 ‘‘(e) COOPERATION.— 

21 ‘‘(1) IN GENERAL.—A railroad carrier and em22 ployees of the railroad carrier, including any non23 profit employee labor organization representing engi24 neers or conductors of the railroad carrier, shall coVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 01342 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 operate fully with the Secretary during an audit re2 quired under this section. 

3 ‘‘(2) DOCUMENTS; INTERVIEWS.—A railroad car4 rier shall provide any documents requested by the 

5 Secretary or make available any employee for inter6 view with the Secretary without undue delay or ob7 struction. 

8 ‘‘(f) REPORT TO CONGRESS.—Not later than 90 days 

9 after the date on which the Secretary completes an audit 

10 under subsection (a), the Secretary shall— 

11 ‘‘(1) publish on the website of the Federal Rail12 road Administration a report that summarizes the re13 sults of the audit and any updates made in accord14 ance with subsection (c); and 

15 ‘‘(2) notify of such report the Committee on 

16 Transportation and Infrastructure of the House of 

17 Representatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate. 

19 ‘‘(g) CIVIL PENALTY.—The Secretary is authorized to 

20 assess a civil penalty or to take other authorized enforce21 ment action, as appropriate, pursuant to chapter 213 for 

22 a failure to comply with the requirements of this section.’’. 

23 (2) CLERICAL AMENDMENT.—The analysis for 

24 subchapter II of chapter 201 of title 49, United States 


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1 Code, as amended by this division, is further amended 

2 by adding at the end the following: 

‘‘20171. Audit of qualification and certification programs.’’. 

3 (b) REVIEW OF REGULATIONS.— 

4 (1) IN GENERAL.—The Secretary of Transpor5 tation shall determine whether any update to part 

6 240 or 242, of title 49, Code of Federal Regulations, 

7 is necessary to prepare locomotive engineers and con8 ductors to safely operate trains. 

9 (2) REQUIREMENTS.—In making a determina10 tion under paragraph (1), the Secretary shall— 

11 (A) evaluate, taking into account the re12 quirements of section 20169 of title 49, United 

13 States Code, whether such parts establish Federal 

14 standards for railroad carriers to— 

15 (i) provide locomotive engineers and 

16 conductors the knowledge, skill and ability 

17 to safely operate trains under conditions 

18 that reflect industry practices; 

19 (ii) adequately address locomotive en20 gineer and conductor situational awareness; 

21 (iii) require adequate at-controls train22 ing before a locomotive engineer or con23 ductor is certified; 


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1 (iv) adequately prepare locomotive en2 gineers and conductors to understand all lo3 comotive operating characteristics; 

4 (v) sufficiently require locomotive engi5 neers and conductors to demonstrate knowl6 edge on the physical characteristics of a ter7 ritory under various conditions and using 

8 various resources; and 

9 (vi) address any other safety issue the 

10 Secretary determines appropriate for better 

11 preparing locomotive engineers and conduc12 tors; and 

13 (B) consider the results of the audit re14 quired by section 20171 of title 49, United States 

15 Code. 

16 (3) REPORT TO CONGRESS.—Not later than 180 

17 days after the date on which the Secretary submits 

18 the report required under section 20171(f) of title 49, 

19 United States Code, the Secretary shall submit to the 

20 Committee on Transportation and Infrastructure of 

21 the House of Representatives and the Committee on 

22 Commerce, Science, and Transportation of the Senate 

23 a report that includes the findings of the review re24 quired under paragraph (1) and a description of any 

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1 crease the effectiveness of the requirements of, part 

2 240 or 242 of title 49, Code of Federal Regulations. 

3 (4) RULEMAKING.—If the Secretary determines 

4 under paragraph (1) that any update to part 240 or 

5 242 is necessary to prepare locomotive engineers or 

6 conductors to safely operate locomotives or trains, the 

7 Secretary shall issue a rulemaking to carry out such 

8 update. 

9 (5) APPLICATION OF LAW.—Any action the Sec10 retary takes as a result of a determination made 

11 under paragraph (1) shall be consistent with section 

12 20169 of title 49, United States Code. 

13 (6) DEFINITION OF RAILROAD CARRIER.—In this 

14 subsection, the term ‘‘railroad carrier’’ has the mean15 ing given such term in section 20102 of title 49, 

16 United States Code. 

17 SEC. 9515. SAFETY MANAGEMENT TEAM COMMUNICATION. 

18 (a) IN GENERAL.—Subchapter II of chapter 201 of 

19 title 49, United States Code, as amended by this division, 

20 is further amended by adding at the end the following: 

21 ‘‘§ 20172. Safety management team communication 

22 ‘‘The Administrator of the Federal Railroad Adminis23 tration shall implement a process for the communication 

24 of information between safety management teams of the Ad25 ministration and railroad employees, including any nonVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 01346 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 profit employee labor organization representing railroad 

2 employees. Such process shall include a reasonable time3 frame for a safety management team to respond to commu4 nication from such railroad employees.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for sub6 chapter II of chapter 201 of title 49, United States Code, 

7 as amended by this division, is further amended by adding 

8 at the end the following: 

‘‘20172. Safety management team communication.’’. 

9 SEC. 9516. GAO STUDY ON REORGANIZATION OF OFFICE OF 

10 RAILROAD SAFETY. 

11 (a) STUDY.—The Comptroller General of the United 

12 States shall conduct a study comparing the Office of Rail13 road Safety of the Federal Railroad Administration before 

14 and after the reorganization of such Office that took effect 

15 on June 8, 2020. 

16 (b) CONTENTS.—The study conducted under subsection 

17 (a) shall evaluate— 

18 (1) the differences in the structure of the Office 

19 before and after such reorganization; 

20 (2) any differences in the communication be21 tween the Office and railroad carriers and the em22 ployees of railroad carriers before and after such reor23 ganization; 

24 (3) any differences in the communication be25 tween Federal Railroad Administration safety inspecVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 01347 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 tors and other specialists before and after such reorga2 nization, and the impacts of such differences; 

3 (4) whether the structure before or after such re4 organization better protects against regulatory cap5 ture; 

6 (5) whether the structure before or after such re7 organization is better at promoting and ensuring 

8 safety; 

9 (6) whether the structure before or after such re10 organization more closely resembles the structure of 

11 other Department of Transportation modal agencies 

12 that have enforcement authority similar to the Fed13 eral Railroad Administration; and 

14 (7) any other issues the Comptroller General de15 termines are relevant. 

16 (c) INFORMATION COLLECTION.—In conducting the 

17 study required under this section, the Comptroller General 

18 shall collect information from the following entities: 

19 (1) The Federal Railroad Administration. 

20 (2) Freight rail carriers and passenger rail car21 riers. 

22 (3) Employees of freight rail carriers and pas23 senger rail carriers. 

24 (4) Other entities the Comptroller General deter25 mines are relevant. 


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1 (d) REPORT.—Not later than 1 year after the date of 

2 enactment of this Act, the Comptroller General shall trans3 mit to the Committee on Transportation and Infrastructure 

4 of the House of Representatives and the Committee on Com5 merce, Science, and Transportation of the Senate a report 

6 that includes the findings of the study conducted under sub7 section (a) and any recommendations for improving safety 

8 and communication within the Office of Railroad Safety 

9 or between the Office of Railroad Safety and the entities 

10 identified in paragraphs (2) and (3) of subsection (c). 

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

12 Not later than 1 year after the date of enactment of 

13 this Act, the Administrator of the Federal Railroad Admin14 istration shall initiate a public process to seek input on 

15 addressing safety risks, spills, emissions, odors, and other 

16 public nuisances associated with top loading rail cars, 

17 open-top hoppers, and gondolas, including evaluating the 

18 feasibility of a requirement that such rail cars be covered 

19 while in transportation, including while being held, de20 layed, or transferred. 

21 SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFE22 TY VALIDATION PLAN. 

23 (a) IN GENERAL.—Subchapter I of chapter 201 of title 

24 49, United States Code, is amended by adding at the end 

25 the following: 


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1 ‘‘§ 20122. New passenger service pre-revenue safety 

2 validation plan 

3 ‘‘(a) SAFETY VALIDATION PLAN.— 

4 ‘‘(1) IN GENERAL.—The Secretary of Transpor5 tation shall require a covered entity to submit to the 

6 Secretary a safety validation plan to ensure the safe 

7 operation of— 

8 ‘‘(A) a new intercity rail passenger trans9 portation or commuter rail passenger transpor10 tation service; 

11 ‘‘(B) an intercity rail passenger transpor12 tation or commuter rail passenger transpor13 tation route that has not been in revenue service 

14 for a period of more than 180 days; or 

15 ‘‘(C) an extension of an existing intercity 

16 rail passenger transportation or commuter rail 

17 passenger transportation route. 

18 ‘‘(2) SUBMISSION.—A covered entity shall submit 

19 a safety validation plan required under paragraph 

20 (1) not later than 30 days before the date on which 

21 such entity begins revenue service of a service or route 

22 described in paragraph (1). 

23 ‘‘(b) REQUIREMENTS.— 

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

25 the date of enactment of the TRAIN Act, the Sec26 retary shall establish the requirements of the safety 


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1 validation plan described under subsection (a), in2 cluding adequate training of all relevant personnel 

3 and a minimum period of simulated service to ensure 

4 operational readiness. 

5 ‘‘(2) PROHIBITION OF SERVICE.—The Secretary 

6 shall prohibit a covered entity from beginning a serv7 ice described in subsection (a)(1) until the entity is 

8 in full compliance with the safety validation plan re9 quired by such subsection. 

10 ‘‘(c) AMENDMENT TO SAFETY VALIDATION PLAN.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall require a 

12 covered entity to submit to the Secretary for review 

13 and approval any proposed amendment to a safety 

14 validation plan required under subsection (a). 

15 ‘‘(2) REVIEW AND APPROVAL.—Not later than 5 

16 working days after the date on which the Secretary 

17 receives a proposed amendment submitted under 

18 paragraph (1), the Secretary shall review and ap19 prove or deny such proposed amendment. 

20 ‘‘(3) NOTIFICATION.—If the Secretary does not 

21 approve a proposed amendment submitted under this 

22 subsection, the Secretary shall provide written notice 

23 to the covered entity of the specific areas in which the 

24 proposed amendment is deficient. An entity may corVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 01351 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 rect such deficiencies and reapply for review and ap2 proval under this subsection. 

3 ‘‘(d) DEFINITIONS.—In this section: 

4 ‘‘(1) COVERED ENTITY.—The term ‘covered enti5 ty’ means an entity providing regularly scheduled 

6 railroad transportation that is intercity rail pas7 senger transportation or commuter rail passenger 

8 transportation. 

9 ‘‘(2) INTERCITY RAIL PASSENGER TRANSPOR10 TATION; COMMUTER RAIL PASSENGER TRANSPOR11 TATION.—The terms ‘intercity rail passenger trans12 portation’ and ‘commuter rail passenger transpor13 tation’ have the meanings given such terms in section 

14 24102.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for sub16 chapter I of chapter 201 of title 49, United States Code, 

17 is amended by adding at the end the following new item: 

‘‘20122. New passenger service pre-revenue safety validation plan.’’. 

18 SEC. 9519. SAFETY OVERSIGHT OF NONTRADITIONAL AND 

19 EMERGING RAIL TECHNOLOGIES. 

20 (a) IN GENERAL.—The Secretary of Transportation 

21 shall conduct a review of the safety regulations of the Fed22 eral Railroad Administration to determine the applica23 bility of such regulations to nontraditional and emerging 

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1 tions or any challenges to ensuring the safety of such tech2 nologies. 

3 (b) REPORT.—Not later than 18 months after the date 

4 of enactment of this Act, the Secretary shall submit to the 

5 Committee on Transportation and Infrastructure of the 

6 House of Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate a report on the 

8 findings of the review conducted under subsection (a). 

9 (c) CONTENTS.—The report required under subsection 

10 (b) shall include a description of— 

11 (1) the applicability of safety regulations in ef12 fect on the date of enactment of this Act to nontradi13 tional and emerging rail technologies; 

14 (2) whether gaps in the regulations or other chal15 lenges exist that should be addressed in order to en16 sure the safety of nontraditional and emerging rail 

17 technologies; 

18 (3) any additional regulations that are necessary 

19 to ensure the safety of nontraditional and emerging 

20 rail technologies; and 

21 (4) any additional research that may be needed 

22 to further evaluate and regulate the safety of non23 traditional and emerging rail technologies. 

24 (d) PUBLIC NOTICE AND COMMENT.—In conducting 

25 the review process under subsection (a), the Secretary shall 


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1 provide notice and an opportunity for public comment for 

2 not less than 60 days. 

3 (e) NONTRADITIONAL AND EMERGING RAIL TECH4 NOLOGIES DEFINED.—In this section, the term ‘‘nontradi5 tional and emerging rail technologies’’ means nonhighway 

6 ground transportation that runs on electromagnetic guide7 ways in a tube, or system of tubes, that operates in a low8 pressure environment. 

9 Subtitle B—Grade Crossing Safety 

10 SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION 

11 GRANTS. 

12 (a) IN GENERAL.—Chapter 229 of title 49, United 

13 States Code, as amended by this division, is further amend14 ed by adding at the end the following: 

15 ‘‘§ 22912. Highway-rail grade crossing separation 

16 grants 

17 ‘‘(a) GENERAL AUTHORITY.—The Secretary of Trans18 portation shall make grants under this section to eligible 

19 entities to assist in funding the cost of highway-rail grade 

20 crossing separation projects. 

21 ‘‘(b) APPLICATION REQUIREMENTS.—To be eligible for 

22 a grant under this section, an eligible entity shall submit 

23 to the Secretary an application in such form, in such man24 ner, and containing such information as the Secretary may 

25 require, including— 


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1 ‘‘(1) an agreement between the entity that owns 

2 or controls the railroad right-of-way and the appli3 cant addressing access to the railroad right-of-way 

4 throughout the project; and 

5 ‘‘(2) a cost-sharing agreement with the funding 

6 amounts that the entity that owns or controls the 

7 railroad right-of-way shall contribute to the project, 

8 which shall be not less than 10 percent of the total 

9 project cost. 

10 ‘‘(c) ELIGIBLE PROJECTS.—The following projects are 

11 eligible to receive a grant under this section: 

12 ‘‘(1) Installation, repair, or improvement, in13 cluding necessary acquisition of real property inter14 ests, of highway-rail grade crossing separations. 

15 ‘‘(2) Highway-rail grade crossing elimination 

16 incidental to eligible grade crossing separation 

17 projects. 

18 ‘‘(3) Project planning, development, and environ19 mental work related to a project described in para20 graph (1) or (2). 

21 ‘‘(d) PROJECT SELECTION CRITERIA.—In awarding 

22 grants under this section, the Secretary— 

23 ‘‘(1) shall give priority to projects that maximize 

24 the safety benefits of Federal funding; 


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1 ‘‘(2) shall give priority to projects that provide 

2 direct benefits to socially disadvantaged individuals 

3 (as such term is defined in section 22906(b)); and 

4 ‘‘(3) may evaluate applications on the safety 

5 profile of the existing crossing, 10-year history of ac6 cidents at such crossing, inclusion of the proposed 

7 project on a State highway-rail grade crossing action 

8 plan, average daily vehicle traffic, total number of 

9 trains per day, average daily number of crossing clo10 sures, the challenges of grade crossings located near 

11 international borders, proximity to established emer12 gency evacuation routes, and proximity of community 

13 resources, including schools, hospitals, fire stations, 

14 police stations, and emergency medical service facili15 ties. 

16 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

17 ‘‘(1) TOTAL PROJECT COSTS.—The Secretary 

18 shall estimate the total costs of a project under this 

19 section based on the best available information, in20 cluding any available engineering studies, studies of 

21 economic feasibility, environmental analysis, and in22 formation on the expected use of equipment or facili23 ties. 


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1 ‘‘(2) FEDERAL SHARE.—The Federal share for a 

2 project carried out under this section shall not exceed 

3 85 percent. 

4 ‘‘(f) GRANT CONDITIONS.—An eligible entity may not 

5 receive a grant for a project under this section unless such 

6 project complies with section 22905. 

7 ‘‘(g) LETTERS OF INTENT.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall, to the 

9 maximum extent practicable, issue a letter of intent 

10 to a recipient of a grant under this section that— 

11 ‘‘(A) announces an intention to obligate for 

12 a project an amount that is not more than the 

13 amount stipulated as the financial participation 

14 of the Secretary for the project; and 

15 ‘‘(B) states that the contingent commit16 ment— 

17 ‘‘(i) is not an obligation of the Federal 

18 Government; and 

19 ‘‘(ii) is subject to the availability of 

20 appropriations for grants under this section 

21 and subject to Federal laws in force or en22 acted after the date of the contingent com23 mitment. 

24 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 


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1 ‘‘(A) IN GENERAL.—Not later than 3 days 

2 before issuing a letter of intent under paragraph 

3 (1), the Secretary shall submit written notifica4 tion to— 

5 ‘‘(i) the Committee on Transportation 

6 and Infrastructure of the House of Rep7 resentatives; 

8 ‘‘(ii) the Committee on Appropriations 

9 of the House of Representatives; 

10 ‘‘(iii) the Committee on Appropria11 tions of the Senate; and 

12 ‘‘(iv) the Committee on Commerce, 

13 Science, and Transportation of the Senate. 

14 ‘‘(B) CONTENTS.—The notification sub15 mitted under subparagraph (A) shall include— 

16 ‘‘(i) a copy of the letter of intent; 

17 ‘‘(ii) the criteria used under subsection 

18 (d) for selecting the project for a grant; and 

19 ‘‘(iii) a description of how the project 

20 meets such criteria. 

21 ‘‘(h) APPROPRIATIONS REQUIRED.—An obligation or 

22 contingent commitment may be made under subsection (g) 

23 only after amounts are appropriated for such purpose. 

24 ‘‘(i) DEFINITIONS.—In this section: 


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1 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti2 ty’ means— 

3 ‘‘(A) a State; 

4 ‘‘(B) a public agency or publicly chartered 

5 authority; 

6 ‘‘(C) a metropolitan planning organization; 

7 ‘‘(D) a political subdivision of a State; and 

8 ‘‘(E) a Tribal government. 

9 ‘‘(2) METROPOLITAN PLANNING ORGANIZA10 TION.—The term ‘metropolitan planning organiza11 tion’ has the meaning given such term in section 

12 134(b) of title 23. 

13 ‘‘(3) STATE.—The term ‘State’ means a State of 

14 the United States or the District of Columbia.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chapter 

16 229 of title 49, United States Code, as amended by this 

17 division, is further amended by adding at the end the fol18 lowing: 

‘‘22912. Highway-rail grade crossing separation grants.’’. 

19 SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT. 

20 Section 22907 of title 49, United States Code (as 

21 amended by this Act), is further amended by adding at the 

22 end the following new subsection: 

23 ‘‘(o) RAIL SAFETY PUBLIC AWARENESS GRANTS.— 

24 ‘‘(1) GRANT.—Of the amounts made available to 

25 carry out this section, the Secretary shall make grants 


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1 to nonprofit organizations to carry out public infor2 mation and education programs to help prevent and 

3 reduce rail-related pedestrian, motor vehicle, and 

4 other incidents, injuries, and fatalities, and to im5 prove awareness along railroad right-of-way and at 

6 highway-rail grade crossings. 

7 ‘‘(2) SELECTION.—Programs eligible for a grant 

8 under this subsection— 

9 ‘‘(A) shall include, as appropriate— 

10 ‘‘(i) development, placement, and dis11 semination of public service announcements 

12 in appropriate media; 

13 ‘‘(ii) school presentations, driver and 

14 pedestrian safety education, materials, and 

15 public awareness campaigns; and 

16 ‘‘(iii) disseminating information to the 

17 public on how to identify and report to the 

18 appropriate authorities— 

19 ‘‘(I) unsafe or malfunctioning 

20 highway-rail grade crossings and 

21 equipment; and 

22 ‘‘(II) high-risk and unsafe behav23 ior and trespassing around railroad 

24 right-of-way; and 


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1 ‘‘(B) may include targeted and sustained 

2 outreach in communities at greatest risk to de3 velop measures to reduce such risk. 

4 ‘‘(3) COORDINATION.—Eligible entities shall co5 ordinate program activities with local communities, 

6 law enforcement and emergency responders, and rail7 road carriers, as appropriate, and ensure consistency 

8 with State highway-rail grade crossing action plans 

9 required under section 11401(b) of the FAST Act (49 

10 U.S.C. 22501 note) and the report titled ‘National 

11 Strategy to Prevent Trespassing on Railroad Prop12 erty’ issued by the Federal Railroad Administration 

13 in October 2018. 

14 ‘‘(4) PRIORITIZATION.—In awarding grants 

15 under this subsection, the Administrator shall give 

16 priority to applications for programs that— 

17 ‘‘(A) are nationally recognized; 

18 ‘‘(B) are targeted at schools in close prox19 imity to railroad right-of-way; 

20 ‘‘(C) partner with nearby railroad carriers; 

21 or 

22 ‘‘(D) focus on communities with a recorded 

23 history of repeated pedestrian and motor vehicle 

24 accidents, incidents, injuries, and fatalities at 


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1 highway-rail grade crossings and along railroad 

2 right-of-way. 

3 ‘‘(5) APPLICABILITY.—Section 22905 shall not 

4 apply to contracts and agreements made under this 

5 subsection.’’. 

6 SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR 

7 BLOCKING PUBLIC HIGHWAY-RAIL GRADE 

8 CROSSINGS. 

9 (a) IN GENERAL.—Subchapter II of chapter 201 of 

10 title 49, United States Code, as amended by this division, 

11 is further amended by adding at the end the following: 

12 ‘‘§ 20173. Time limit for blocking public highway-rail 

13 grade crossing 

14 ‘‘(a) TIME LIMIT.—A railroad carrier may not cause 

15 a blocked crossing incident that is longer than 10 minutes 

16 in duration, unless the blocked crossing incident is caused 

17 by— 

18 ‘‘(1) a casualty or serious injury; 

19 ‘‘(2) an accident; 

20 ‘‘(3) a track obstruction; 

21 ‘‘(4) actions necessary to comply with Federal 

22 rail safety laws, regulations, or orders issued there23 under unless the action to comply could reasonably 

24 occur at a different time or location; 

25 ‘‘(5) actions necessary to adhere to section 24308; 


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1 ‘‘(6) a train fully contained within rail yard 

2 limits or fully contained in a rail siding; 

3 ‘‘(7) an act of God; or 

4 ‘‘(8) a derailment or a safety appliance equip5 ment failure that prevents the train from advancing. 

6 ‘‘(b) INVESTIGATION OF FREQUENTLY BLOCKED

7 CROSSINGS.—For any public highway-rail grade crossing 

8 that has had 3 or more blocked crossing incidents that ex9 ceed the time limit set forth in subsection (a) and are re10 ported to the blocked crossing database, and such incidents 

11 have occurred on at least 3 calendar days within a 30-day 

12 period, the Secretary shall— 

13 ‘‘(1) provide an electronic notice of the number 

14 of reported blocked crossing incidents to the railroad 

15 carrier that owns the public highway-rail grade cross16 ing; 

17 ‘‘(2) investigate the causes of the blocked crossing 

18 incidents; and 

19 ‘‘(3) investigate possible measures to reduce the 

20 frequency and duration of blocked crossing incidents 

21 at such grade crossing. 

22 ‘‘(c) RECORDKEEPING.— 

23 ‘‘(1) IN GENERAL.—A railroad carrier shall, 

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1 way-rail grade crossing that was the subject of the no2 tice. 

3 ‘‘(2) CONTENTS OF RECORDS.—The train loca4 tion data records required under paragraph (1) shall 

5 include— 

6 ‘‘(A) a list of all blocked crossing incidents 

7 at the public highway-rail grade crossing that is 

8 the subject of the report exceeding 10 minutes; 

9 ‘‘(B) the cause of the blocked crossing inci10 dent (to the extent available); 

11 ‘‘(C) train length; and 

12 ‘‘(D) the estimated duration of each blocked 

13 crossing incident. 

14 ‘‘(3) CONSULTATION.—Beginning on the date on 

15 which a railroad carrier receives a notice under sub16 section (b), the Secretary may consult with the carrier 

17 for a period of 60 days to address concerns with 

18 blocked crossing incidents at the public highway-rail 

19 grade crossing that is the subject of the notice. 

20 ‘‘(4) EXPIRATION OF DATA COLLECTION.—The 

21 requirement to maintain records under paragraph (1) 

22 shall cease with respect to a public highway-rail 

23 grade crossing noticed under subsection (b)(2) if there 

24 are no reports submitted to the blocked crossing data25 base for blocked crossing incidents reported to occur 


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1 at such grade crossing during the previous 365 con2 secutive calendar days. 

3 ‘‘(d) CIVIL PENALTIES.— 

4 ‘‘(1) IN GENERAL.—The Secretary may issue 

5 civil penalties in accordance with section 21301 to 

6 railroad carriers for violations of subsection (a) oc7 curring 60 days after the date of submission of a no8 tice under subsection (b). 

9 ‘‘(2) RELEASE OF RECORDS.—Upon the request 

10 of, and under requirements set by, the Secretary, rail11 road carriers shall provide the records maintained 

12 pursuant to subsection (c)(1) to the Administrator of 

13 the Federal Railroad Administration. 

14 ‘‘(3) ALTERNATE ROUTE EXEMPTION.—Civil 

15 penalties may not be issued for violations of sub16 section (a) that occur at a public highway-rail grade 

17 crossing if an alternate route created by a public 

18 highway-rail grade separation exists within a half 

19 mile by road mileage of such public highway-rail 

20 grade crossing. 

21 ‘‘(4) GRADE SEPARATION PROJECT.—Civil pen22 alties may not be issued for violations of subsection 

23 (a) if the violation occurs at a public highway-rail 

24 grade crossing for which there is a proposed grade 

25 separation project— 


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1 ‘‘(A) that has received written agreement 

2 from the relevant local authorities; and 

3 ‘‘(B) for which railroad carrier and project 

4 funding from all parties has been budgeted. 

5 ‘‘(5) CONSIDERATIONS.—In determining civil 

6 penalties under this section, the Secretary shall con7 sider increased penalties in a case in which a pattern 

8 of the blocked crossing incidents continue to cause 

9 delays to State or local emergency services. 

10 ‘‘(e) APPLICATION TO AMTRAK AND COMMUTER RAIL11 ROADS.—This section shall not apply to Amtrak or com12 muter authorities, including Amtrak and commuter au13 thorities’ operations run or dispatched by a Class I rail14 road. 

15 ‘‘(f) DEFINITIONS.—In this section: 

16 ‘‘(1) BLOCKED CROSSING DATABASE.—The term 

17 ‘blocked crossing database’ means the national blocked 

18 crossing database established under section 20174. 

19 ‘‘(2) BLOCKED CROSSING INCIDENT.—The term 

20 ‘blocked crossing incident’ means a circumstance in 

21 which a train, locomotive, rail car, or other rail 

22 equipment is stopped in a manner that obstructs 

23 travel at a public highway-rail grade crossing. 

24 ‘‘(3) PUBLIC HIGHWAY-RAIL GRADE CROSSING.— 

25 The term ‘public highway-rail grade crossing’ means 


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1 a location within a State in which a public highway, 

2 road, or street, including associated sidewalks and 

3 pathways, crosses 1 or more railroad tracks at 

4 grade.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for sub6 chapter II of chapter 201 of title 49, United States Code, 

7 is further amended by adding at the end the following new 

8 item: 

‘‘20173. Time limit for blocking public highway-rail grade crossing.’’. 

9 SEC. 9554. NATIONAL BLOCKED CROSSING DATABASE. 

10 (a) IN GENERAL.—Subchapter II of chapter 201 of 

11 title 49, United States Code, as amended by this division, 

12 is further amended by adding at the end the following: 

13 ‘‘§ 20174. National blocked crossing database 

14 ‘‘(a) DATABASE.—Not later than 45 days after the date 

15 of enactment of the TRAIN Act, the Secretary of Transpor16 tation shall establish a national blocked crossings database 

17 for the public to report blocked crossing incidents. 

18 ‘‘(b) PUBLIC AWARENESS.—Not later than 60 days 

19 after the date of enactment of the TRAIN Act, the Secretary 

20 shall require each railroad carrier to publish the active link 

21 to report blocked crossing incidents on the website of the 

22 national blocked crossings database described in subsection 

23 (a) on the home page of the publicly-available website of 

24 the railroad carrier. 


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1 ‘‘(c) BLOCKED CROSSING INCIDENT; PUBLIC HIGH2 WAY-RAIL GRADE CROSSING.—In this section, the terms 

3 ‘blocked crossing incident’ and ‘public highway-rail grade 

4 crossing’ have the meanings given the terms in section 

5 20173.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for sub7 chapter II of chapter 201 of title 49, United States Code, 

8 is further amended by adding at the end the following new 

9 item: 

‘‘20174. National blocked crossing database.’’. 

10 SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED 

11 CROSSING MATTERS. 

12 Section 20152 of title 49, United States Code, is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1)— 

16 (i) in subparagraph (C) by striking 

17 ‘‘or’’ at the end; 

18 (ii) by redesignating subparagraph (D) 

19 as subparagraph (E); and 

20 (iii) by inserting the following after 

21 subparagraph (C): 

22 ‘‘(D) blocked crossing incident, as defined in 

23 section 20173; or’’; 

24 (B) in paragraph (4)— 


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1 (i) by striking ‘‘paragraph (1)(C) or 

2 (D)’’ and inserting ‘‘subparagraph (C), (D), 

3 or (E) of paragraph (1)’’; and 

4 (ii) by striking ‘‘and’’ at the end; 

5 (C) in paragraph (5) by striking the period 

6 at the end and inserting a semicolon ; and 

7 (D) by adding at the end the following: 

8 ‘‘(6) upon receiving a report of a blocked cross9 ing pursuant to paragraph (1)(D), the railroad car10 rier shall, within 14 days of receipt of the report— 

11 ‘‘(A) verify that the public highway-rail 

12 grade crossing, as defined in section 20173, was 

13 blocked for a period of at least 10 minutes; and 

14 ‘‘(B) upon positive verification of the re15 port, enter the report into the national blocked 

16 crossings database established in section 20174; 

17 and 

18 ‘‘(7) promptly inform the Secretary of any up19 date to the number maintained under paragraph 

20 (1).’’; and 

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

22 ‘‘(c) PUBLICATION OF TELEPHONE NUMBERS.—The 

23 Secretary shall make any telephone number established 

24 under subsection (a) publicly available on the website of the 

25 Department of Transportation.’’. 


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1 SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY 

2 REVIEW. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Secretary of Transpor5 tation shall expend such sums as are necessary to conduct 

6 a comprehensive review of the national highway-rail cross7 ing inventory of the Department of Transportation estab8 lished under section 20160 of title 49, United States Code. 

9 (b) CONTENTS.—In conducting the review required 

10 under subsection (a), the Secretary shall— 

11 (1) verify the accuracy of the geographical loca12 tion data contained in the inventory described in sub13 section (a) using mapping technologies and other 

14 methods; and 

15 (2) notify the relevant railroad and State agen16 cies of the erroneous data in the inventory and re17 quire such entities to correct the erroneous data with18 in 30 days of notification. 

19 (c) STATE REPORTS.—The Secretary shall require 

20 State agencies to ensure that any geographic data contained 

21 in the inventory described in subsection (a) remains con22 sistent with any geographic data identified in biennial 

23 State reports required under section 130 of title 23, United 

24 States Code. 

25 (d) REPORT.—Not later than 120 days after the com26 pletion of the review required under subsection (a), the SecVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 01370 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 retary shall submit to the Committee on Transportation 

2 and Infrastructure of the House of Representatives and the 

3 Committee on Commerce, Science, and Transportation of 

4 the Senate a report summarizing the corrections made to 

5 the inventory described in subsection (a) and the Secretary’s 

6 plans to ensure continued accuracy of such inventory. 

7 SEC. 9557. RAILROAD TRESPASSING ENFORCEMENT 

8 GRANTS. 

9 Section 22907 of title 49, United States Code, is fur10 ther amended by adding at the end the following: 

11 ‘‘(p) RAILROAD TRESPASSING ENFORCEMENT

12 GRANTS.— 

13 ‘‘(1) IN GENERAL.—Of the amounts made avail14 able under this section, the Secretary may make 

15 grants to public law enforcement agencies engaged in, 

16 or seeking to engage in, suicide prevention efforts 

17 along railroad right-of-way to pay wages of law en18 forcement personnel to patrol railroad right-of-way 

19 located in communities at risk for rail trespassing in20 cidents and fatalities. 

21 ‘‘(2) PRIORITIZATION.—In awarding grants 

22 under this subsection, the Administrator shall give 

23 priority to applications from entities that have juris24 diction within the boundaries of the 10 States with 

25 the highest incidence of rail trespass related casualties 


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1 as reported in the previous fiscal year, as reported by 

2 the National Rail Accident Incident Reporting Sys3 tem. 

4 ‘‘(3) LIMITATION.—The Secretary shall not 

5 award more than 3 annual grants under this sub6 section to the same entity.’’. 

7 SEC. 9558. RAILROAD TRESPASSING SUICIDE PREVENTION 

8 GRANTS. 

9 Section 22907 of title 49, United States Code, is fur10 ther amended by adding at the end the following: 

11 ‘‘(q) RAILROAD TRESPASSING SUICIDE GRANTS.— 

12 ‘‘(1) IN GENERAL.—Of the amounts made avail13 able to carry out this section, the Secretary may make 

14 grants to eligible entities to implement a public out15 reach campaign to reduce the number of railroad sui16 cides. 

17 ‘‘(2) ELIGIBLE ENTITY.—In this subsection, the 

18 term ‘eligible entity’ means a nonprofit mental health 

19 organization engaged in, or seeking to engage in, sui20 cide prevention efforts along railroad right-of-way in 

21 partnership with a railroad carrier, as defined in sec22 tion 20102.’’. 

23 SEC. 9559. INCLUDING RAILROAD SUICIDES. 

24 (a) IN GENERAL.—Not less than 180 days after the 

25 enactment of this Act, the Secretary of Transportation shall 


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1 revise any regulations, guidance, or other relevant agency 

2 documents to include the number of suicides on a railroad 

3 crossing or railroad right-of-way in the total number of rail 

4 fatalities the Secretary reports each year. 

5 (b) AUTHORITY OF THE SECRETARY.—In carrying out 

6 subsection (a), the Secretary may require Federal, State, 

7 and local agencies, railroads, or other entities to submit 

8 such data as necessary. 

9 (c) APPLICABILITY OF RULEMAKING REQUIRE10 MENTS.—The requirements of section 553 of title 5, United 

11 States Code, shall not apply to the modification required 

12 by subsection (a). 

13 SEC. 9560. REPORT ON SAFETY MEASURES REQUIRED FOR 

14 QUIET ZONES. 

15 Not later than 180 days after the date of enactment 

16 of this Act, the Administrator of the Federal Railroad Ad17 ministration shall— 

18 (1) submit to Congress a report on any supple19 mentary safety measures and alternative safety meas20 ures not contained in part 222 of title 49, Code of 

21 Federal Regulations, that can be used to qualify for 

22 a Quiet Zone or Partial Quiet Zone; and 

23 (2) include in the report submitted under para24 graph (1)— 


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1 (A) a summary of the supplementary safety 

2 measures and alternative safety measures for 

3 which a public authority has requested approval 

4 from the Administrator to implement; and 

5 (B) an explanation for why such requests 

6 were not granted. 

7 TITLE VI—MISCELLANEOUS 

8 SEC. 9601. RAIL NETWORK CLIMATE CHANGE VULNER9 ABILITY ASSESSMENT. 

10 (a) IN GENERAL.—The Secretary of Transportation 

11 shall seek to enter into an agreement with the National 

12 Academies to conduct an assessment of the potential im13 pacts of climate change on the national rail network. 

14 (b) ASSESSMENT.—At a minimum, the assessment 

15 conducted pursuant to subsection (a) shall— 

16 (1) cover the entire freight, commuter, and inter17 city passenger rail network of the United States; 

18 (2) evaluate risk to the network over 5-, 30-, and 

19 50-year outlooks; 

20 (3) examine and describe potential effects of cli21 mate change and extreme weather events on passenger 

22 and freight rail infrastructure, trackage, and facili23 ties, including facilities owned by rail shippers; 


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1 (4) identify and categorize the assets described in 

2 paragraph (3) by vulnerability level and geographic 

3 area; and 

4 (5) recommend strategies or measures to mitigate 

5 any adverse impacts of climate change, including— 

6 (A) emergency preparedness measures; 

7 (B) resiliency best practices for infrastruc8 ture planning; and 

9 (C) coordination with State and local au10 thorities. 

11 (c) REPORT.—Not later than 18 months after the date 

12 of enactment of this Act, the Secretary shall submit to the 

13 Committee on Transportation and Infrastructure of the 

14 House of Representatives and the Committee on Commerce, 

15 Science, and Transportation of the Senate a report con16 taining the findings of the assessment conducted pursuant 

17 to subsection (a). 

18 (d) FURTHER COORDINATION.—The Secretary shall 

19 make the report publicly available on the website of the De20 partment of Transportation and communicate the results 

21 of the assessment with stakeholders. 

22 (e) REGULATORY AUTHORITY.—If the Secretary finds 

23 in the report required under subsection (c) that regulatory 

24 measures are warranted and such measures are otherwise 

25 under the existing authority of the Secretary, the Secretary 


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1 may issue such regulations as are necessary to implement 

2 such measures. 

3 (f) FUNDING.—From the amounts made available for 

4 fiscal year 2022 under section 20117(b) of title 49, United 

5 States Code, the Secretary shall expend not less than 

6 $1,500,000 to carry out the study required under subpara7 graph (a). 

8 SEC. 9602. ADVANCE ACQUISITION. 

9 (a) IN GENERAL.—Chapter 242 of title 49, United 

10 States Code, is amended by inserting the following after sec11 tion 24202: 

12 ‘‘SEC. 24203. ADVANCE ACQUISITION. 

13 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Secretary 

14 of Transportation may assist a recipient of Federal finan15 cial assistance provided by the Secretary for an intercity 

16 passenger rail project in acquiring a right-of-way and adja17 cent real property interests before or during the completion 

18 of the environmental reviews for a project that may use such 

19 property interests if the acquisition is otherwise permitted 

20 under Federal law. 

21 ‘‘(b) CERTIFICATION.—Before authorizing advance ac22 quisition under this section, the Secretary shall verify 

23 that— 

24 ‘‘(1) the recipient has authority to acquire the 

25 real property interest; and 


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1 ‘‘(2) the acquisition of the real property inter2 est— 

3 ‘‘(A) is for a transportation purpose; 

4 ‘‘(B) will not cause significant adverse envi5 ronmental impact; 

6 ‘‘(C) will not limit the choice of reasonable 

7 alternatives for the proposed project or otherwise 

8 influence the decision of the Secretary on any 

9 approval required for the project; 

10 ‘‘(D) does not prevent the lead agency from 

11 making an impartial decision as to whether to 

12 accept an alternative that is being considered; 

13 ‘‘(E) complies with other applicable Federal 

14 laws and regulations; and 

15 ‘‘(F) will not result in elimination or reduc16 tion of benefits or assistance to a displaced per17 son required by the Uniform Relocation Assist18 ance and Real Property Acquisition Policies Act 

19 of 1970 (42 U.S.C. 4601 et seq.) and title VI of 

20 the Civil Rights Act of 1964 (42 U.S.C. 2000d 

21 et seq.). 

22 ‘‘(c) ENVIRONMENTAL REVIEWS.— 

23 ‘‘(1) COMPLETION OF NEPA REVIEW.—Before re24 imbursing or approving the expenditure of Federal 

25 funding for an acquisition of a real property interest, 


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1 the Secretary shall complete all review processes other2 wise required under the National Environmental Pol3 icy Act of 1969 (42 U.S.C. 4321 et seq.), section 4(f) 

4 of the Department of Transportation Act of 1966 (49 

5 U.S.C. 303), and section 106 of the National Historic 

6 Preservation Act (16 U.S.C. 470f) with respect to the 

7 acquisition. 

8 ‘‘(2) TIMING OF DEVELOPMENT ACQUISITION.—A 

9 real property interest acquired under subsection (a) 

10 may not be developed in anticipation of the proposed 

11 project until all required environmental reviews for 

12 the project have been completed. 

13 ‘‘(d) INCLUSION IN NON-FEDERAL SHARE OF PROJECT

14 COSTS.—Non-Federal funds used to acquire right-of-way 

15 and adjacent real property interests under this section be16 fore or during the environmental review, or before the 

17 award of a grant by the Secretary, shall be included in de18 termining the non-Federal share of the costs of the under19 lying intercity passenger rail project. 

20 ‘‘(e) SAVINGS CLAUSE.—The advance acquisition proc21 ess described in this section— 

22 ‘‘(1) is in addition to processes in effect on or be23 fore the date of enactment of the TRAIN Act; and 

24 ‘‘(2) does not affect— 


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1 ‘‘(A) any right of the recipient described in 

2 subsection (a) to acquire property; or 

3 ‘‘(B) any other environmental review proc4 ess, program, agreement, or funding arrange5 ment related to the acquisition of real property, 

6 in effect on the date of enactment of the TRAIN 

7 Act.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chapter 

9 242 of title 49, United States Code, is amended by inserting 

10 after the item relating to section 24202 the following new 

11 item: 

‘‘Sec. 24203. Advance acquisition.’’. 

12 SEC. 9603. UNIVERSITY RAIL CLIMATE INNOVATION INSTI13 TUTE. 

14 (a) IN GENERAL.—Chapter 229 of title 49, United 

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

16 following: 

17 ‘‘§ 22913. University Rail Climate Innovation Institute 

18 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor19 tation may make a grant to an institution of higher edu20 cation to establish a University Rail Climate Innovation 

21 Institute (in this section referred to as the ‘Institute’) for 

22 the research and development of low- and zero-emission rail 

23 technologies. Such grant agreement shall not exceed 5 years. 


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1 ‘‘(b) ELIGIBLE APPLICANTS.—To be eligible for a 

2 grant under the subsection (a), an institution of higher edu3 cation shall— 

4 ‘‘(1) have an active research program to study 

5 the development of low- and zero-emission rail tech6 nologies or be able to demonstrate sufficient expertise 

7 in relevant rail research and development; 

8 ‘‘(2) enter into a cost-sharing agreement for pur9 poses of the Institute with a railroad or rail supplier; 

10 and 

11 ‘‘(3) submit to the Secretary an application in 

12 such form, at such time, and containing such infor13 mation as the Secretary may require. 

14 ‘‘(c) ELIGIBLE PROJECTS.—A recipient of this grant 

15 under this section may carry out the research, design, devel16 opment, and demonstration of 1 or more of the following: 

17 ‘‘(1) Hydrogen-powered locomotives and associ18 ated locomotive technologies. 

19 ‘‘(2) Battery-powered locomotives and associated 

20 locomotive technologies. 

21 ‘‘(3) Deployment of a revenue service testing and 

22 demonstration program to accelerate commercial 

23 adoption of low- or zero-emission locomotives. 

24 ‘‘(4) Development or deployment of an operating 

25 prototype low- or zero-emission locomotive. 


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1 ‘‘(5) Rail technologies that significantly reduce 

2 greenhouse gas emissions, as determined appropriate 

3 by the Secretary. 

4 ‘‘(d) BUY AMERICA APPLICABILITY.—For purposes of 

5 subsection (c)(4), the recipient shall be in compliance with 

6 section 22905(a). 

7 ‘‘(e) FUNDING REQUIREMENT.—The Federal share of 

8 the total cost of the Institute shall not exceed 50 percent. 

9 ‘‘(f) CONSIDERATIONS.—In selecting an applicant to 

10 receive funding to establish the Institute, the Secretary shall 

11 consider— 

12 ‘‘(1) the extent to which the proposed activities 

13 maximize greenhouse gas reductions; 

14 ‘‘(2) the potential of the proposed activities to in15 crease the use of low- and zero- emission rail tech16 nologies among the United States freight and pas17 senger rail industry; and 

18 ‘‘(3) the anticipated public benefits of the pro19 posed activities. 

20 ‘‘(g) CONSIDERATION OF HBCUS.—In selecting an in21 stitution of higher education for a grant award under this 

22 section, the Secretary shall consider historically black col23 leges and universities, as such term is defined in section 

24 371(a)of the Higher Education Act of 1965 (2010 U.S.C. 


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1 1067q), and other minority institutions, as such term is 

2 defined by section 365 of such Act (20 U.S.C. 1067k). 

3 ‘‘(h) NOTIFICATION.— 

4 ‘‘(1) NOTICE.—Not less than 3 days before an 

5 applicant has been selected, the Secretary shall notify 

6 the Committee on Transportation and Infrastructure 

7 of the House of Representatives and the Committee on 

8 Commerce, Science, and Transportation of the Senate 

9 of the intention to award such a grant. 

10 ‘‘(2) REPORT.—The Institute shall submit to the 

11 Committee on Transportation and Infrastructure of 

12 the House of Representatives, the Committee on Com13 merce, Science, and Transportation of the Senate, 

14 and the Secretary an annual report summarizing the 

15 activities undertaken by the Institute on low- and 

16 zero-emission rail technologies. 

17 ‘‘(i) INSTITUTION OF HIGHER EDUCATION DE18 FINED.—In this section, the term ‘institution of higher edu19 cation’ has the meaning given such term in section 101 of 

20 the Higher Education Act of 1965 (20 U.S.C. 1001).’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chapter 

22 229 of title 49, United States Code, is further amended by 

23 adding at the end the following: 

‘‘22913. University Rail Climate Innovation Institute.’’. 


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1 SEC. 9604. WORKFORCE DIVERSITY AND DEVELOPMENT. 

2 (a) IN GENERAL.—The Secretary of Transportation 

3 shall carry out at least one workforce development pilot pro4 gram with a railroad carrier. 

5 (b) TYPES OF PILOT PROGRAMS.—A workforce devel6 opment pilot program described in subsection (a) may be 

7 in the form of— 

8 (1) an outreach program to increase employment 

9 opportunities for socially disadvantaged individuals; 

10 (2) the development of a partnership with high 

11 schools, vocational schools, community colleges, or sec12 ondary education institutions to address future work13 force needs; and 

14 (3) an apprenticeship program to train railroad 

15 employees in needed skills. 

16 (c) APPRENTICESHIP.—In carrying out a workforce 

17 development pilot program described in subsection (b)(3), 

18 the Secretary shall partner with a railroad carrier pro19 viding intercity rail passenger transportation. 

20 (d) REPORT TO CONGRESS.—For a workforce develop21 ment pilot program carried out under this section, the Sec22 retary shall transmit to the Committee on Transportation 

23 and Infrastructure of the House of Representatives and the 

24 Committee on Commerce, Science, and Transportation of 

25 the Senate a report that describes— 


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1 (1) the activities carried out under the pilot pro2 gram; 

3 (2) the diversity of individuals participating in 

4 the pilot program; 

5 (3) an evaluation of the pilot program; 

6 (4) employment outcomes, including job place7 ment, job retention, and wages, using performance 

8 metrics established by the Secretary of Transpor9 tation, in consultation with the Secretary of Labor, 

10 and consistent with performance indicators used by 

11 programs under the Workforce Innovation and Op12 portunity Act (29 U.S.C. 3101 et seq.), as applicable; 

13 and 

14 (5) any recommendations for increasing diver15 sity in the railroad workforce, addressing future 

16 workforce needs, or enhancing workforce skills. 

17 (e) DEFINITION.—In this section: 

18 (1) INTERCITY RAIL PASSENGER TRANSPOR19 TATION.—The term ‘‘intercity rail passenger trans20 portation’’ has the meaning given such term in sec21 tion 24102 of title 49, United States Code. 

22 (2) RAILROAD CARRIER.—The term ‘‘railroad 

23 carrier’’ has the meaning given such term in section 

24 20102 of title 49, United States Code. 


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1 (3) SOCIALLY DISADVANTAGED INDIVIDUALS.— 

2 The term ‘‘socially disadvantaged individuals’’ has 

3 the meaning given the term ‘‘socially and economi4 cally disadvantaged individuals’’ in section 8(d) of 

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

6 (f) FUNDING.—From the amounts made available 

7 under section 20117(b) of title 49, United States Code, the 

8 Secretary may expend up to $1,300,000 for fiscal year 2022 

9 and $1,300,000 for 2023 to carry out this section. 

10 SEC. 9605. REQUIREMENTS FOR RAILROAD FREIGHT CARS 

11 ENTERING SERVICE IN UNITED STATES. 

12 (a) IN GENERAL.—Chapter 207 of title 49, United 

13 States Code, is amended by adding at the end the following: 

14 ‘‘§ 20704. Requirements for railroad freight cars enter15 ing service in United States 

16 ‘‘(a) DEFINITIONS.—In this section, the following defi17 nitions apply: 

18 ‘‘(1) COMPONENT.—The term ‘component’ means 

19 a part or subassembly of a railroad freight car. 

20 ‘‘(2) CONTROL.—The term ‘control’ means the 

21 power, whether direct or indirect and whether or not 

22 exercised, through the ownership of a majority or a 

23 dominant minority of the total outstanding voting in24 terest in an entity, representation on the board of di25 rectors of an entity, proxy voting on the board of diVerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 01385 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684

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1 rectors of an entity, a special share in the entity, a 

2 contractual arrangement with the entity, a formal or 

3 informal arrangement to act in concert with an enti4 ty, or any other means, to determine, direct, make de5 cisions, or cause decisions to be made for the entity. 

6 ‘‘(3) COST OF SENSITIVE TECHNOLOGY.—The 

7 term ‘cost of sensitive technology’ means the aggregate 

8 cost of the sensitive technology located on a railroad 

9 freight car. 

10 ‘‘(4) COUNTRY OF CONCERN.—The term ‘country 

11 of concern’ means a country that— 

12 ‘‘(A) is identified by the Department of 

13 Commerce as a nonmarket economy country (as 

14 defined in section 771(18) of the Tariff Act of 

15 1930 (19 U.S.C. 1677(18))) as of the date of en16 actment of the TRAIN Act; 

17 ‘‘(B) was identified by the United States 

18 Trade Representative in the most recent report 

19 required by section 182 of the Trade Act of 1974 

20 (19 U.S.C. 2242) as a foreign country included 

21 on the priority watch list defined in subsection 

22 (g)(3) of that section; and 

23 ‘‘(C) is subject to monitoring by the Trade 

24 Representative under section 306 of the Trade 

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


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1 ‘‘(5) NET COST.—The term ‘net cost’ has the 

2 meaning given the term in chapter 4 of the USMCA 

3 or any subsequent free trade agreement between the 

4 United States, Mexico, and Canada. 

5 ‘‘(6) QUALIFIED FACILITY.—The term ‘qualified 

6 facility’ means a facility that is not owned or under 

7 the control of a state-owned enterprise. 

8 ‘‘(7) QUALIFIED MANUFACTURER.—The term 

9 ‘qualified manufacturer’ means a railroad freight car 

10 manufacturer that is not owned or under the control 

11 of a state-owned enterprise. 

12 ‘‘(8) RAILROAD FREIGHT CAR.—The term ‘rail13 road freight car’ means a car designed to carry 

14 freight or railroad personnel by rail, including— 

15 ‘‘(A) box car; 

16 ‘‘(B) refrigerator car; 

17 ‘‘(C) ventilator car; 

18 ‘‘(D) intermodal well car; 

19 ‘‘(E) gondola car; 

20 ‘‘(F) hopper car; 

21 ‘‘(G) auto rack car; 

22 ‘‘(H) flat car; 

23 ‘‘(I) special car; 

24 ‘‘(J) caboose car; 

25 ‘‘(K) tank car; and 


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1 ‘‘(L) yard car. 

2 ‘‘(9) SENSITIVE TECHNOLOGY.—The term ‘sen3 sitive technology’ means any device embedded with 

4 electronics, software, sensors, or other connectivity, 

5 that enables the device to connect to, collect data from, 

6 or exchange data with another device, including— 

7 ‘‘(A) onboard telematics; 

8 ‘‘(B) remote monitoring software; 

9 ‘‘(C) firmware; 

10 ‘‘(D) analytics; 

11 ‘‘(E) GPS satellite and cellular location 

12 tracking systems; 

13 ‘‘(F) event status sensors; 

14 ‘‘(G) predictive component condition and 

15 performance monitoring sensors; and 

16 ‘‘(H) similar sensitive technologies embed17 ded into freight railcar components and sub18 assemblies. 

19 ‘‘(10) STATE-OWNED ENTERPRISE.—The term 

20 ‘state-owned enterprise’ means— 

21 ‘‘(A) an entity that is owned by, or under 

22 the control of, a national, provincial, or local 

23 government of a country of concern, or an agen24 cy of such government; or 


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1 ‘‘(B) an individual acting under the direc2 tion or influence of a government or agency de3 scribed in subparagraph (A). 

4 ‘‘(11) SUBSTANTIALLY TRANSFORMED.—The 

5 term ‘substantially transformed’ means a component 

6 of a railroad freight car that undergoes an applicable 

7 change in tariff classification as a result of the manu8 facturing process, as described in chapter 4 and re9 lated Annexes of the USMCA or any subsequent free 

10 trade agreement between the United States, Mexico, 

11 and Canada. 

12 ‘‘(12) USMCA.—The term ‘USMCA’ has the 

13 meaning given the term in section 3 of the United 

14 States-Mexico-Canada Agreement Implementation Act 

15 (19 U.S.C. 4502). 

16 ‘‘(b) REQUIREMENTS FOR RAILROAD FREIGHT CARS

17 ENTERING SERVICE IN THE UNITED STATES.— 

18 ‘‘(1) LIMITATION ON RAILROAD FREIGHT CARS.— 

19 A railroad freight car wholly manufactured on or 

20 after the date that is 1 year after the date of enact21 ment of the TRAIN Act, may only operate on the 

22 United States freight railroad interchange system if— 

23 ‘‘(A) the railroad freight car is manufac24 tured, assembled, and substantially transformed, 


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1 as applicable, by a qualified manufacturer in a 

2 qualified facility; 

3 ‘‘(B) none of the sensitive technology located 

4 on the railroad freight car, including components 

5 necessary to the functionality of the sensitive 

6 technology, originates from a country of concern 

7 or is sourced from state-owned enterprise; and 

8 ‘‘(C) none of the content of the railroad 

9 freight car, excluding sensitive technology, origi10 nates from a country of concern or is sourced 

11 from a state-owned enterprise that has been de12 termined by a recognized court or administrative 

13 agency of competent jurisdiction and legal au14 thority to have violated or infringed valid 

15 United States intellectual property rights of an16 other including such a finding by a Federal dis17 trict court under title 35 or the U.S. Inter18 national Trade Commission under section 337 of 

19 the Tariff Act of 1930 (19 U.S.C. 1337). 

20 ‘‘(2) LIMITATION ON RAILROAD FREIGHT CAR

21 CONTENT.— 

22 ‘‘(A) PERCENTAGE LIMITATION.—Not later 

23 than 12 months after the date of enactment of the 

24 TRAIN Act, a railroad freight car manufactured 


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1 may operate on the United States freight rail2 road interchange system only if— 

3 ‘‘(i) not more than 20 percent of the 

4 content of the railroad freight car, cal5 culated by the net cost of all components of 

6 the car and excluding the cost of sensitive 

7 technology, originates from a country of 

8 concern or is sourced from a state-owned en9 terprise; and 

10 ‘‘(ii) not later than 24 months after the 

11 date of enactment of the TRAIN Act, the 

12 percentage described in clause (i) shall be 

13 no more than 15 percent 

14 ‘‘(B) CONFLICT.—The percentages specified 

15 in this paragraph apply notwithstanding any 

16 apparent conflict with provisions of chapter 4 of 

17 the USMCA. 

18 ‘‘(c) REGULATIONS AND PENALTIES.— 

19 ‘‘(1) REGULATIONS REQUIRED.—Not later than 1 

20 year after the date of enactment of the TRAIN Act, 

21 the Secretary of Transportation shall issue such regu22 lations as are necessary to carry out this section, in23 cluding for the monitoring, enforcement, and sensitive 

24 technology requirements of this section. 


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1 ‘‘(2) CERTIFICATION REQUIRED.—To be eligible 

2 to provide a railroad freight car for operation on the 

3 United States freight railroad interchange system, the 

4 manufacturer of such car shall certify to the Secretary 

5 annually that any railroad freight cars to be so pro6 vided meet the requirements of this section. 

7 ‘‘(3) COMPLIANCE.— 

8 ‘‘(A) VALID CERTIFICATION REQUIRED.—At 

9 the time a railroad freight car begins operation 

10 on the United States freight railroad interchange 

11 system, the manufacturer of such railroad freight 

12 car shall have valid certification describe under 

13 paragraph (2) for the year in which such car be14 gins operation. 

15 ‘‘(B) REGISTRATION OF NONCOMPLIANT

16 CARS PROHIBITED.—A railroad freight car man17 ufacturer may not register, or cause to be reg18 istered, a railroad freight car that does not com19 ply with the requirements of this section in the 

20 Association of American Railroad’s Umler sys21 tem. 

22 ‘‘(4) CIVIL PENALTIES.— 

23 ‘‘(A) IN GENERAL.—A railroad freight car 

24 manufacturer that has manufactured a railroad 

25 freight car for operation on the United States 


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1 freight railroad interchange system that the Sec2 retary of Transportation determines, after writ3 ten notice and an opportunity for a hearing, has 

4 violated this section is liable to the United States 

5 Government for a civil penalty of at least 

6 $100,000 but not more than $250,000 for each 

7 violation for each railroad freight car. 

8 ‘‘(B) PROHIBITION FOR VIOLATIONS.—The 

9 Secretary of Transportation may prohibit a rail10 road freight car manufacturer with respect to 

11 which the Secretary has assessed more than 3 

12 violations under subparagraph (A) from pro13 viding additional railroad freight cars for oper14 ation on the United States freight railroad inter15 change system until the Secretary determines— 

16 ‘‘(i) such manufacturer is in compli17 ance with this section; and 

18 ‘‘(ii) all civil penalties assessed to such 

19 manufacturer under subparagraph (A) have 

20 been paid in full.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chapter 

22 207 of title 49, United States Code, is amended by adding 

23 at the end the following: 

‘‘20704. Requirements for railroad freight cars entering service in United States.’’. 


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1 SEC. 9606. RAIL RESEARCH AND DEVELOPMENT CENTER OF 

2 EXCELLENCE. 

3 Section 20108 of title 49, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(d) RAIL RESEARCH AND DEVELOPMENT CENTER OF

6 EXCELLENCE.— 

7 ‘‘(1) CENTER OF EXCELLENCE.—The Secretary 

8 may provide a grant to an entity described in para9 graph (2) to establish a Center of Excellence to ad10 vance research and development that improves the 

11 safety, efficiency, and reliability of passenger and 

12 freight rail transportation. 

13 ‘‘(2) ELIGIBILITY.—An institution of higher edu14 cation (as defined in section 101 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1002)) or a consortium 

16 of nonprofit institutions of higher education shall be 

17 eligible to receive a grant under this subsection. 

18 ‘‘(3) SELECTION CRITERIA.—In awarding a 

19 grant under this subsection, the Secretary may— 

20 ‘‘(A) give preference to an applicant with 

21 strong past performance related to rail research, 

22 education, and workforce development activities; 

23 ‘‘(B) consider the extent to which the appli24 cant would involve public passenger and private 

25 and public freight railroad operators; and 


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1 ‘‘(C) consider the regional and national im2 pacts of the applicant’s proposal. 

3 ‘‘(4) USE OF FUNDS.—Amounts awarded under 

4 this subsection may be used to establish and operate 

5 the Center of Excellence described in paragraph (1) 

6 and for research, evaluation, education, and workforce 

7 development and training efforts related to safety, en8 vironmental sustainability, and reliability of rail 

9 transportation, including— 

10 ‘‘(A) rolling stock; 

11 ‘‘(B) positive train control; 

12 ‘‘(C) human factors, systems design, or fa13 tigue; 

14 ‘‘(D) rail infrastructure; 

15 ‘‘(E) shared corridors; 

16 ‘‘(F) grade crossings; 

17 ‘‘(G) rail systems maintenance; 

18 ‘‘(H) network resiliency; 

19 ‘‘(I) programs to train railroad workers in 

20 needed skills; and 

21 ‘‘(J) the development of programs or part22 nerships to raise awareness of railroad employ23 ment opportunities, in coordination with the 

24 Federal Railroad Administration. 


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

2 cost of an activity carried out with a grant under this 

3 subsection shall be 50 percent.’’. 

4 SEC. 9607. FREIGHT RAILROAD LOCOMOTIVE REQUIRE5 MENTS. 

6 (a) REQUIREMENTS FOR CLASS I LOCOMOTIVES.—A 

7 Class I railroad may only operate a locomotive on the 

8 freight railroad interchange system on or after January 1, 

9 2030, if— 

10 (1) the locomotive was manufactured on or after 

11 January 1, 2008; 

12 (2) the primary NOx and PM emissions on the 

13 Environmental Protection Agency certificate of con14 formity for the locomotive are equal to or cleaner than 

15 the cleanest available locomotive; or 

16 (3) the locomotive has not exceeded a total of 

17 89,100 MWhs of operation since its original engine 

18 build date. 

19 (b) CERTIFICATION REQUIRED.—To be eligible to own 

20 or operate a locomotive covered by subsection (a) on the 

21 United States freight railroad interchange system on or 

22 after January 1, 2030, a Class I railroad shall certify to 

23 the Secretary of Transportation that such locomotive meets 

24 the requirements of this section. 


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1 (c) EFFECTUATION.—The Secretary is authorized to 

2 issue such regulations as are necessary to carry out this 

3 section. 

4 (d) DEFINITIONS.—In this section: 

5 (1) CERTIFICATE OF CONFORMITY.—The term 

6 ‘‘certificate of conformity’’ means the document that 

7 the Environmental Protection Agency issues to an en8 gine manufacturer to certify that an engine class con9 forms to Environmental Protection Agency require10 ments. 

11 (2) CLEANEST AVAILABLE LOCOMOTIVE.—The 

12 term ‘‘cleanest available locomotive’’ means the strict13 est standard set by the Environmental Protection 

14 Agency for the applicable locomotive under section 

15 213 of the Clean Air Act (42 U.S.C. 7547). 


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Union Calendar No. 49 

117TH CONGRESS 

1ST SESSION H. R. 3684 

[Report No. 117–70] 

A BILL 

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

JUNE 22, 2021 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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